Ord 35-98FORM 8B MEM_0.RANDUM OF VOTING CONFLICT FOR
COUNTY., MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
('OU N I~'
NAME OF UOARD, COUNCIl.. (.'OM MI~%ION. AL;! HORI'I Y, OR COMMII'I EE
V.'HICH I SERVE IS A t'NI1 OF':
COUNTY O O1 HER I.OCAI. AGENCY
NAME OF POI.ITICAL .~UUDIYISION:
MY POSITION IS:!
~1~_.. ELECTIVE O APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by an.,,' person scr,, lng at the county, city, or other local level of go~ernmen.t on an appointed or elected board.
council, commission, authority, or committee. It applies equally to members of advisory and non.advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under Ihe law v.'hen faced ~'ith a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
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INSTRUCTIONS FOR COMPUANOE WITH SECTION t12.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agent..') by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting: on#
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
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THE VOTE WILL BE TAKEN:
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C"E FORM
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DISCLOSURE OF LOC:AL OFFICER'S INTEREST
(a) A measure came or will come before my agency which (check one)
inured to my sp¢,'ial private gain; or
I
lb) The measure before my agency and the nature of my interest in lhe measure is as follows:
, by ~'hom ! am retained.
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CE FORM I~B - 141 PAGE 2
ORDINANCE NO. 35-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED SAD (SPECIAL ACTIVITIES DISTRICT)
IN THE AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID
LAND BEING LOCATED ON THE WEST SIDE OF NORTH
FEDERAL HIGHWAY, APPROXIMATELY 120 FEET NORTH OF
ALLEN AVENUE, AS MORE PARTIC~LY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 1994"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned SAD (Special Activities District); and
WHEREAS, at its meeting of August 17, 1998, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, considered this item at a public hearing and voted to
recommend that the property hereinafter described be rezoned, based
upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of AC (Automotive
Commercial) District for the following described property:
Begin at the intersection of the North line of Lot
38 of Model Land Company Subdivision of Section 9,
Township 46 South, Range 43 East, and the East
right-of-way line of Old Dixie Highway, said point
of intersection being 30 feet easterly, measured at
right angles, from the East 50 foot right-of-way
line of the Florida East Coast Railroad, being the
Point of Beginning; thence southerly, along the
East right-of-way line of Old Dixie Highway, a
distance of 326.61 feet; thence in an easterly
direction and parallel to the South line of Lot 38,
a distance of 231.05 feet more or less, to the West
right-of-way line of U.S. Highway No. 1 (State Road
No. 5); thence in a northerly direction, along said
West right-of-way line, a distance of 327.16 feet,
more or less, to the said North line of Lot 38;
thence in a westerly direction along the North line
of said Lot 38, a distance of 231.20 feet, more or
less, to the Point of Beginning, said tract being
in Palm Beach County, Florida.
The subject property is located on the west side of
North Federal Highway, approximately 120 feet north
of Allen Avenue; containing 1.73 acres, more or
less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
ATTEST:
~City -Cl~rk ' t
PASSED AND ADOPTED in regular session on second and final
reading on this the 6th day of October , 1998.
First Reading September 15, 1998
Second Reading October 6, 1998
- 2 - Ord. No. 35-98
N
CITY Ot~ D;'LRAY B-"A.'.~., FL
FROM:
- REZONING-
D,--LRAY KAWASAKI DEALERSHIP
J
SAD (S,DF_CIAL A~..TIVtTI-'"'S D]$TRI,CT) TO: AC (AUTOMOTIVE COMM:~RCIAL)
IN------' 'N'J~'"~'~'~N',~"~ - NORTH FEDERAL MtC,~WAY OVERLAY D,STRIST
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
AGENDA ITEM # 10~ REGULAR MEETING OF OCTOBER 6, 1998
ORDINANCE NO. 35-98 (REZONING FOR DELRAY KAWASAKI)
OCTOBER 1, 1998
This is second reading and a quasi-judicial public hearing for
Ordinance No. 35-98 which rezones the old Miller Dodge/Dee Car
Patio Factory Outlet site from SAD (Special Activities District)
to AC (Automotive Commercial) District for Delray Kawasaki.
The development proposal includes conversion of the existing
building to accommodate the retail sales, display, storage and
repair of motorcycles, jet skis, boats, all terrain vehicles, and
upgrading of the existing parking area to accommodate 73 parking
spaces with installation of associated landscaping, and refuse
storage areas. The hours of operation will be 8:00 a.m. to 6:00
p.m., Monday through Saturday, and there will be 10-15 employees.
The rezoning request is accompanied by a conditional use request
to establish an associated full service vehicle repair facility on
the site and is scheduled for consideration subsequent to final
action on Ordinance No. 35-98. On August 17, 1998, the Planning
and Zoning Board approved a determination of similarity of use to
allow the sale of personal watercraft (waverunners, jet skis) as a
permitted use in the AC zone district.
Also on August 17th, the Planning and Zoning Board held a public
hearing in conjunction with review of the request. There were two
members of the public who spoke in opposition to the proposal and
there was no public testimony in support of the request. After
discussion, the Board voted 5 to 0 (Carbone stepped down; Schwartz
absent) to recommend the request be approved, based upon positive
findings with respect to Chapter 3 (Performance Standards) of the
Land Development Regulations, policies of the Comprehensive Plan,
and LDR Section 2.4.5(D) (5). At first reading on September 15,
1998, the Commission passed the ordinance by a vote of 4 to 0 (Mr.
Schmidt abstained).
Recommend approval of Ordinance No. 35-98 on second and final
reading, based upon the findings and recommendation of the
Planning and Zoning Board.
ref:agmemol4
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
August 17, 1998
III.G.
Rezoning From SAD (Special Activities District) to AC (Automotive Commercial)
for Delray Kawasaki Dealership, Located on the West Side of North Federal
Highway, Approximately 120 North of Allen Avenue (Formerly Dee Car Patio
Factory Outlet/Miller Dodge Site).
GENERAL DATA:
Proposed Zoning ............
Adjacent Zoning .... Nor[h:
East:
South:
West:
Existing Land Use ..........
Owner/Applicant ............. Dee Car Realty, Ltd.
Agent .............................. Roy M. Simon, AIA
Location .......................... West Side of North Federal
Highway, Approximately 120 North
of Allen Avenue.
Property Size .................. 1.73 Acres
Future Land Use Map ..... General Commercial
Current Zoning ...............SAD (Special Activities District)
AC (Automotive Commercial)
GC (General Commercial)
RM (Medium Density Residential)
GC
CF (Community Facilities) & RM
Existing building formerly used for
commercial and light industrial uses.
Proposed Land Use ........ Rezoning to accommodate the
relocation of the existing Delray
Kawasaki Dealership to the site for
the sales and repair of motorcycles,
personal watercrafts, all terrain
vehicles and small boats, with
associated parking and landscaping.
Water Service ................. Existing on site.
Sewer Se, vice ................ Existing on site.
III
The item before the Board is that of making a recommendation to the City
Commission on a privately sponsored rezoning from SAD (Special
Activities District) to AC (Automotive Commercial) for Delray Kawasaki,
pursuant to LDR Section 2.4.5(D).
The subject property is located on the west side of North Federal
Highway, approximately 150 feet north of Allen Avenue.
The subject property consists of two unplatted parcels bordered on the west by Dixie
Highway and on the east by Federal Highway. Prior to 1985, an automobile dealership
(Miller Dodge) occupied the site, which was located partially in the City and partially in
unincorporated Palm Beach County. The use was nonconforming under the City's GC
(General Commercial) zoning district. In early 1985, the unincorporated portion of the
property was annexed into the City and the entire site was rezoned to SC (Specialized
Commercial). In December of 1988, Miller Dodge vacated the premises. With the
Citywide rezoning and adoption of the Land Development Regulations in 1990, the
property was rezoned from SC to AC.
In April of 1991 conditional use approval was granted for the establishment of an auto
repair facility (JBA Motorcars, Inc.). This facility was a full service vehicle repair
operation that would specialize in the modification of foreign cars to meet U.S.
emissions standards. In April of 1992, SPRAB approved a site plan for the facility,
which proposed facade alterations and the installation of a new parking lot and
associated landscaping. The site plan approval was subject to a number of conditions,
two of which (dedication of 10' along Dixie Highway and the requirement to install Type
"D" curbing around landscaped areas) were appealed to the City Commission by the
applicant. The City Commission voted to deny the appeal. The owner of JBA
Motorcars, who had a contract to purchase the property, proceeded with the renovation
of the-structures. A dispute arose with the property owner, and the'contract was
terminated.
At its meeting of January 23, 1996, the City Commission approved rezoning of the
property from AC (Automotive Commercial) to SAD (Special Activities District) for a
period of 3 years (1/23/99). The SAD designation allowed both GC and AC uses to
occupy the site with the exception of certain limitations on the sale of used cars. A
sketch plan accompanied the submission, outlined initial improvements to the site which
have been implemented. The SAD zoning allowed the contract purchaser (owner of
the property to the north, patio furniture sales and refinishing operation) to redevelop
the site by extending their existing building south onto the subject property, building a
new retail/commercial center, or seeking an unrelated tenant. However, their objective
P & Z Board Staff Report
Rezoning from SAD to AC for Delray Kawasaki
Page 2
was to expand the refinishing aspects of their existing business into the buildings on the
south side of the subject property (old Miller Dodge property). In order to expand the
patio business onto the site, a rezoning to GC was required. Perimeter landscaping
was installed and improvements made to the building in 1996.
The proposal is to change the zoning designation of the property from SAD to AC to
establish the sale of motorcycles, all terrain vehicles, personal watercraft (waverunners,
jet skis), and small boats for Delray Kawasaki. A Conditional Use request and similarity
of use are being processed separately to establish an associated repair facility, and to
allow personal watercraft sales. The development proposal includes conversion of the
existing building to accommodate the retail sales, display, storage and repair of
motorcycles, jet skis, boats, all terrain vehicles, and upgrading of the existing parking
area to accommodate 73 parking spaces with installation of associated landscaping,
and refuse storage areas.
The hours of operation will be 8:00 a.m. to 6:00 p.m., Monday through Saturday, and
there will be 10-15 employees.
This rezoning request is accompanied by a conditional use request to establish an
associated full service vehicle repair facility on the site [ref. LDR Section 4.4.10(D)(7)],
and a determination of similarity of use request to determine the sale of personal
watercraft (waverunners, jet skis) is similar to sale of boats. The Conditional Use and
determination of similarity of use requests are being processed separately.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which is part
of the official record. This may be achieved through information on the
application, the staff report, or minutes. Findings shall be made by the body
which has the authority to approve or deny the development application. These
findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan
Consistency and Compliance with the Land Development Regulations.
FUTURE LAND USE MAP: The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the land use designation.
The subject property has a General Commercial Future Land Use Map designation and
is currently zoned SAD (Special Activities District). The proposed AC (Automotive
Commercial) zoning is consistent with the General Commercial Future Land Use Map
P & Z Board Staff Report
Rezoning from SAD to AC for Delray Kawasaki
Page 3
designation. Pursuant to the LDR Section 4.4.10(B)(3),(4) and (6), within the AC zone
district, the sale, lease, or rental of boats, all terrain vehicles (ATVs), and motorcycles is
allowed as a permitted use. Based upon the above, a positive finding can be made
with respect to consistency with the Future Land Use Map.
CONCURRENCY: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Water & Sewer:
Water service currently exists to the site via a service lateral connection to the
existing 2" water main that runs along Dixie Highway. There is also a 12" water
main along the east side of Federal Highway and a 12" main which runs along the
south side of the abutting property to the north. In order to provide adequate fire
protection for the site and area, an 8" water main must be extended along the west
side of Federal Highway from the 12" main to the south property line, with
installation of a fire hydrant at the southern most driveway. This item must be
further addressed with the site plan submittal.
Sewer service exists via a service lateral connection to the existing 6" main along
Dixie Highway.
The proposed development will accommodate uses of similar intensity as the currently
approved uses which will have similar water consumption and sewer generation rates.
Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water
Treatment Plant and the South Central County Waste Water Treatment Plant for the
City at build-out. Based upon the above, positive findings can be made with respect to
this level of service standard.
Drainage:
With a rezoning request drainage plans are not required. The site is primarily paved
with an existing structure on the south side of the property. The rezoning will not
negatively impact this existing situation. Currently the center of the site is the highest
point of the property and the drainage sheet flows to the east and west into swale areas
and rights-of-ways. The swale areas were installed as part of the required landscaping
required with the SAD approval. With the site plan submittal, documentation must be
provided by a registered engineer stating that the existing swale areas accommodate
the drainage for the site and comply with South Florida Water Management District
criteria. A South Florida permit will be required as part of the site plan approval
process. Should redesign be required there are no problems anticipated with retaining
drainage on site and obtaining a South Florida Water Management District permit.
P & Z Board Staff Report
Rezoning from SAD to AC for Delray Kawasaki
Page 4
Traffic:
The uses allowed under the existing SAD zoning include uses allowed in the GC and
AC zone districts. The proposed zoning is of similar intensity, therefore a potential
increase in traffic is not anticipated from the rezoning action itself. As the intensity of
uses within the GC and AC zoning districts are similar, comparable traffic volumes
would be generated. With the submittal of a site plan application, a traffic impact study
is required. The traffic study must comply with the Palm Beach County Traffic
Performance Standards Ordinance. There are no problems anticipated meeting traffic
concurrency and the associated level of service standards.
Parks and Recreation:
Park dedication requirements apply to residential uses and therefore do not apply to the
existing SAD zoning district or the proposed AC zoning district.
Solid Waste:
Trash generated each year by the proposed use (sales and repair of motorcycles,
boats, personal watercraft, jet skis, all terrain vehicles) under the proposed AC zone
distdct will be equal to or less than that generated by the commercial uses allowed
under the existing SAD zoning which included both vehicle sales and higher trash
generating uses like general commercial uses. The development of the property under
the AC zone district should not create an adverse impact on this level of service
standard.
CONSISTENCY: Compliance with the performance standards set forth in Section
3.3.2 (Standards for Rezoning Actions) along with required findings in Section
2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in the making of a finding of overall
consistency.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable objective and policies are noted.
Future Land Use Element Policy A-2.4 Automobile uses are a significant land use
within the City and as such they have presented unique concerns. In order to
properly control these uses and guide them to locations which best suit the
community's future development, the following shall apply:
P & Z Board Staff Report
Rezoning from SAD to AC for Delray Kawasaki
Page 5
1)
Auto related uses other than gasoline stations, wash establishments, and auto
parts sales, shall not be permitted in the area encompassed by the CBD zone
district.
2)
Automobile dealerships shall not locate and/or expand in the following areas:
[] Within the CBD zone district;
r3 West side of Southbound Federal Highway between George Bush
Boulevard and S.E. 10th Street;
[] East side of Federal Highway, between George Bush Boulevard and the
north property line of the Delray Swap Shop/Flea Market Property;
[] On properties fronting George Bush Boulevard, east of Federal Highway.
However, on the east side of Federal Highway, south of N.E. 6th Street, an
existing dealership may expand onto adjacent property which has an auto
sales use and which is zoned AC.
3) Rezoning to AC (Automotive Commercial) to accommodate auto dealerships
shall not be permitted west of 1-95.
4)
Automobile dealerships shall be directed to the following areas:
[] North of George Bush Boulevard, between Federal and Dixie Highways;
[] East side of Federal Highway north of the north property line of the Delray
Swap Shop/Flea Market;
[] South of Linton Boulevard, between Federal and Dixie Highways;
[] Between the one-way pairs (Federal Highway), from S.E. 3rd Street to S.E.
10th Street; and from N.E.5TM Street to George Bush Boulevard;
[] On the north side of Linton Boulevard, between 1-95 and S.W. 10th Avenue,
and along Wallace Drive.
5)
Auto related uses which involve the servicing and repair of vehicles, other
than as part of a full service dealership, shall be directed to
industrial/commerce areas.
If the rezoning is approved, the subject property will be developed as a motorcycle,
personal watercraft, boat and all terrain vehicle dealership. It is noted however, that as
the property contains over 1.5 acres (1.73 acres), the property can be developed as a
full service automobile dealership. The proposed repair facilities will be operated as an
accessory use to the dealership. The site is located along Federal Highway, north of
George Bush Boulevard, which is the geographical area which permits automobile
dealership type uses. Thus, the proposal is not within a restrictive geographical area
identified above, and is therefore consistent with this Policy.
P & Z Board Staff Report
Rezoning from SAD to AC for Delray Kawasaki
Page 6
Future Land Use Element Policy C-1.4 - in summary the North Federal Highway
Corridor is designated as a blighted area. This policy calls for the preparation of
a corridor improvement program that will, among other objectives, promote the
improved appearance of the area, provide for economic stimulation and
investment in the area, create jobs, stabilize and preserve residential
neighborhoods through new development, redevelopment and the elimination of
blight, and identifies appropriate uses for parcels adjacent to Dixie Highway and
the FEC railroad tracks.
The subject property incorporates a portion of the Community Redevelopment Agency's
(CRA) sub-area #5, identified in the CRA Plan. Preparation of the corridor plan
described in the policy is underway.
The SAD approval of 1996, was temporary in order to stimulate private investment in
upgrading the property's appearance which is consistent with the above referenced
policy. Some improvements have been installed (perimeter landscaping, painting of the
building), however, rezoning and establishment of a new use will require upgrading of
the entire property (landscaping, lighting, parking, curbing, etc.) to current standards.
As a precursor to this plan, the North Federal Highway Overlay District was adopted in
1996 which provided an industrial overlay allowing industrial uses along Dixie Highway
in addition to commercial uses to encourage investment in and redevelopment of the
corridor. Upgrading of this site will achieve this objective.
The development proposal will provide economic stimulation and investment in the area
and result in the redevelopment of a propeC¢/which has not been well maintained for
many years. The proposed development will assist in the stabilization of the existing
neighborhoods to the east and west, and should be an inducement to redevelopment
of the Federal Highway corridor. Thus, the proposal is consistent with the objectives of
the Community Redevelopment Agency's North Federal Highway Improvement
Program and was supported by the CRA at its meeting of July 23, 1998.
Transportation Element Table T-4 (Right of Way Dedications)
Federal Highway: According to the County's Thoroughfare Map and the City's
Comprehensive Plan, the ultimate right-of-way for Federal Highway is 120 feet, and
only 100' exists. Technically, a right-of-way dedication of 10' should be provided along
Federal Highway.
The Department of Transportation has installed improvements along this segment of
North Federal Highway which included resurfacing, a reduction in median cuts, and
provision of bikeways. These improvements were accommodated in the existing 100'
right-of-way. The widening of North Federal Highway is not included in any of the
County's improvement programs, nor has it been seriously contemplated. In light of
this, it would be acceptable at this time to require that the applicant reserve rather than
P & Z Board Staff Report
Rezoning from SAD to AC for Delray Kawasaki
Page 7
dedicate the right-of-way. Reserving the right-of-way means the property will be
available to the State if needed for future widening. With the SAD approval of 1996, the
reservation was required and has not yet been provided.
Dixie Highway: The ultimate right-of-way width for Dixie Highway was 80'. In 1992,
the County remanded maintenance responsibility for the road to the City and the City
reduced the required right-of-way to 50'. Presently, only 30' of right-of-way exists along
the subject property. Additionally, part of the Dixie Highway pavement encroaches into
the FEC right-of-way to the west. In order to ensure that the minimum right-of-way is
available for this road section, if removed from the FEC right-of-way, a 20' dedication is
required. However, reduction to a 10' dedication is supported as the building at the
southwest corner of the site encroaches into this 20' area. This dedication was
previously required with the ,SAD approval of January 23, 1996, however the right-of-
way deed was not provided.
By accommodating the 10' right-of-way dedication, the vehicular use area at the
southwest corner of the site will be impacted. In order to utilize this area until such time
the right-of-way is needed, the property owner should submit an alternative design
showing pavement modification and required landscaping, and should enter into an
agreement with the City to implement these improvements if modification of Dixie
Highway is implemented in the future.
Transportation Element Policy A-6,2 - The approval of a modification to an
existing site and development plan and/or conditional use shall be conditioned
upon the upgrading of its points of access to meet adopted standards.
The proposal attempts to reduce the driveway widths to comply with the above policy.
LDR Section 6.1.4 states that the driveways must be 24' wide, including the driveway at
the southwest corner of the site, and the driveway at the northwest corner must be set
back 5' from the north property line. The driveways will need to be reduced and
modified to comply with LDR Section 6.1.4.
Future Land Use Element Objective A-1 - Property' shall be developed or
redeveloped in a manner so that the future use and intensity is appropriate and
complies in terms of soil, topographic, and other applicable physical
considerations, is complimentary to adjacent land uses, and fulfills remaining
land use needs,
The property contains an existing building on the south side of the property and asphalt
surface on the balance. The proposal is to upgrade the existing paved area and
improve the appearance of the building. There are no special physical or
environmental characteristics of the land that would be negatively impacted by the
proposal. The improvements will help make the site complementary to the surrounding
commercial and residential developments.
P & Z Board Staff Report
Rezoning from SAD to AC for Delray Kawasaki
Page 8
Section 3.3.2 (Standards for Rezoning Actions): Standards A and B are not
applicable. The applicable performance standards of Section 3.3.2 are as
follows:
(c)
Additional strip commercial zoning on vacant properties shall be avoided.
This policy shall not preclude rezonings on land that at the time of
rezoning has improvements on it. Where existing strip commercial areas
or zoning exists along an arterial street, consideration should be given to
increasing the depth of the commercial zoning in order to provide for better
project design.
The proposed AC zoning is not considered strip commercial zoning. The site
contains 1.73 acres and is to be developed as a full service motorcycle, personal
watercraft, ATV, and boat dealership.
(D)
That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and
proposed; or that if an incompatibility may occur, that sufficient
regulations exist to properly mitigate adverse impacts from the new use.
The property is bordered by the following zoning designations and uses:
Direction Zoning Uses
North GC
West CF and RM
South GC
East RM
Del Sol Patio Factory
Vacant site for future water
storage tank; duplexes
Arrow Trailer Park
Kokomo Key townhouse development
There are no major compatibility concerns with the surrounding uses to the
north, south and east. The AC zoning allows uses that are similar in intensity to
other uses in this section of North Federal Highway. Rezoning the site to allow
for its redevelopment will enhance adjacent uses. Compatibility will be further
addressed with the conditional use request, and site and development plan
review. Compatibility to the west is a concern as 6 service bays exist at the
southwest corner of the property which face the residential properties to the
west. The west side of the property must be heavily landscaped to screen the
repair component from the properties to the west and some restrictions on
utilization of specific repair bays (ones directly visible at the driveway) are
proposed with the associated Conditional Use request.
P & Z Board Staff Report
Rezoning from SAD to AC for Delray Kawasaki
Page 9
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section
3.1.1, the City Commission must make a finding that the rezoning fulfills one of
the reasons for which the rezoning change is being sought. These reasons
include the following:
a=
That the zoning had previously been changed, or was originally
established, in error;
That there has been a change in circumstances which make the current
zoning inappropriate;
That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more ap.oropriate for the property based
upon circumstances particular to the site and/or neighborhood.
The applicant has submitted a justification statement which states the following:
"The current SAD zoning which allows AC (Automotive Commercial) and GC
(General Commercial) uses will expire in 1999. Prior to its expiration, the
applicant wishes to designates AC zoning as a standard zoning classification on
the site to allow for the relocation of Delray Kawasaki which is currently a non-
conforming use at its present location. This request is of similar intensity for
which the property is currently zoned and as is allowed under the Future Land
Use Map. The requested zoning would promote the redevelopment of the North
Federal Highway corridor by providing a highly successful dealership to relocate
to an area which uses are more compatible to the surrounding neighborhood."
Comment: The basis for which the rezoning is being sought most closely relates to
Item "b". The SAD approval of 1996 contained a sunset clause, that the zoning be
terminated after 3 years (1/23/99), which is only 5 months away. Now that a permanent
'-tenant wishes to occupy the property, a conventional zoning designation consistent with
the proposed use should be applied. The proposed zoning is similar in intensity as
allowed under the General Commercial Future Land Use Map designation and is more
appropriate given the above circumstances. Given the appearance of the property as
well as the thrust for redevelopment and economic stimulation along this section of
Federal Highway, it is appropriate to rezone the property to AC.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be
addressed by the body taking final action on the development proposal.
P & Z Board Staff Report
Rezoning from SAD to AC for Delray Kawasaki
Page 10
Automotive Commercial Development Standards [LDR Section 4.4.10(F)]
Pursuant to LDR Section 4.4.10(F)(2), the sale, lease, or rental of automobiles, boats,
recreational vehicles, or trucks, shall be conducted on a lot which has the following
minimum dimensions and area:
a) Frontage: 125'
b) Width: 125'
c) Depth: 200'
d) Area: 1.5 Acres
As the proposal is to establish a dealership, the above code section is applicable. The
property has 327.16' of frontage and width, 231.20' of depth (average), and 1.73 acres,
thus exceeding the minimum site dimensions and area of the AC zone district. With the
required right-of-way dedication and reservation, the overall property size will exceed
1.5 acres.
In addition to the above, the AC zone district has special requirements regarding
outdoor display areas, lighting, use and operating restrictions, parking areas, and
location of service areas as they relate to residential property. Redevelopment of the
site must comply with these requirements or relief to specific requirements sought.
During the associated sketch plan review, many LDR items have been identified and
the related comments transmitted to the applicant. Those requirements or requests for
relief will be considered during the site development plan process.
,._Special Landscape Setback
Pursuant to LDR Section 4.3.4(H)(6)(b), along Federal Highway, properties with a depth
between 200' and 250' must provide a 15' landscape setback, from the ultimate right-of-
way line of Federal Highway. As previously stated, a 10' right-of-way dedication is
required along Federal Highway. Thus, the landscape setback must be 15' from the
ultimate right-of-way line, or 25' total while only 15' is provided.
The subject property ~s not in a geographical area requiring review by the DDA
(Downtown Development Authority) and HPB (Historic Preservation Board).
Community_ Redevelopment Agency
At its meeting of July 23, 1998, the CRA reviewed and recommended approval of the
rezoning request.
P & Z Board Staff Report
Rezoning from SAD to AC for Delray Kawasaki
Page 11
Adjacent Municipalities
Notice of the rezoning has been provided to the Town of Gulf Stream. A response has
not been received.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
La Hacienda Homeowners Association
Palm Trail Homeowners Association
North Palm Trail Homeowners Association
Seacrest Homeowners Association
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of support and objection, if any, will be presented at the
Planning and Zoning Board meeting.
The rezoning from SAD (Special Activities District) to AC (Automotive Commercial) is
consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land
Development Regulations. The proposal is consistent with the North Federal Highway
Improvement Program as it will provide the desired economic stimulation and
investment in the area, and result in the redevelopment of a blighted property which has
not been well maintained for many years. Positive findings are made in the staff report
with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings). Given the thrust for
redevelopment and economic stimulation along this section of Federal Highway, it is
appropriate to rezone the property to AC which will allow the dealership as a permitted
use under the AC zoning district.
A. Continue with direction.
Recommend approval of the rezoning request from SAD to AC for Deiray
Kawasaki, based upon positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of the Comprehensive
Plan, and LDR Section 2.4.5(D)(5).
Recommend denial of the rezoning request from SAD to AC for Delray
Kawasaki, based upon a failure to make positive findings with respect to LDR
P & Z Board Staff Report
Rezoning from SAD to AC for Delray Kawasaki
Page 12
Section 2.4.5(D)(5), that the rezoning does not fulfill one of the reasons for which
a rezoning should be sought.
Recommend to the City Commission approval of the rezoning from SAD to AC for
Delray Kawasaki, based upon positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of the Comprehensive Plan,
and LDR Section 2.4.5(D)(5).
Attachments:
Location/Zoning Map
Boundary Survey
This Staff Report was prepared by: Jeff Costello, Senior Planner
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FORM MEM_0.RANDUM OF VOTING CONFLICT FOR
COUNTY., 8MBu
· NICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
I A~1%AMi IIR.~i ~.~MI MII~I)I 1%~MI:
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~AME OF I~JAR D. (1JUNCII.. ('OM MI~%ION. AL; I HORI1Y. OR t'OM Mill EE
WHO MUST FILE FORM 8B
This form is for use by any person scr~ing at thc counD', cit.~; or other local le~'el of go~'ernmen.~ on an appointed or elected board.
council, commission, amhorit); or committee. Il applies equally to members of advisory and non-advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with a measu
on whether you hold an elective or appointive position. For
before completing the reverse side and filing the form.
merest will vary greatly depending
on to the instructions on this form
INSTRUCTIONS FOR OOMPUANOE Ii
ELECTED OFFICERS:
A person holding elective coumy, municipal, or other local p~
to his special private gain. Each local officer also is prohibi~
gain of a principal (other than a government agency) by wi
IDA STATUTES
voting on a measure which inures
=asure which inures to the special
in either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly st
which you are abstaining from voting; and
f your interest in the measure on
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINrrED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain, Each local officer also is prohibited from knowingly voting on a measure which inures to the
special pin of a principal (other than a government agency) by whom he is mained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the'officer or at his direction.
IF YOU INTEND TO 'MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
· You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
zecording the n~nutes of the meeting, who will incorporate the form in the minutes.
· A copy of the form should be provided immediately to the other members of the agency.
· The form should be read publicly al the meeting prior to consideration of the matter in which you have a ¢onflic~ of interesl'.
CE FORM III - 141 pAF. E
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You should disclose orally the nature of your conflict in the measure before participating.
· You should complete the form and file it ~kithin 12 days after the vote occurs with the person responsible for.recording the minutts
of the meeting, who should incorporate lhe form in the minutes.
DISCLOSURE OF LOC)AL OFFICER'S INTEREST
measure came or will come before my agency which (check one)
inured to my special priYate gain; or
~ inured to the special gain of f~.~ I/~ / ~'~
The measure before my agency and the nature of my interest in the measure is as follows:
, by ~'hom I am retained.
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §!12.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $$,000.
CE FORM lib . 141 PAGE
FORM 8B MEMO. RANDUM OF VOTING CONFLICT FOR
COUNTY., MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
I A~1%AMI I IR~1%.~MI MII~I)I 1%RMI: hAME OF UOARD.¢~)UNC'II:,'(,~)MMI~%ION. AL:iHO#I1Y.(JK t'OMMII'IEE
'lttF IL'r)~,RD. ('Ot~N('II,. ¢'OM MI.%.%ION. Afl] HORI]~f OR COMMll'IEE O1~
~HICH I .SERVE I.% A ('~11 OF:
~,,Cll Y I~ COUN'FY 13 O] H ER I.OCAI. AGENCY
.~AME OF POI.ITICAL .%LJIIDIVI.~ION:
APPOINTIVE
MY POSITION I.~:
ll~ ELECTIVE O
WHO MUST FILE FORM
This form is for use b.¥ an> person ser~,ing at the count)', tit); or other local leYel of go~ernmen.t on an appointed or elected board.
council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies ,.'ho are presented
with a voting conflict of imerest under Section i12.3143, Florida Statutes.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention Io the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR OOMPLIANOE WITH SECTION tt2.3143~ FLORIDA STATUTES
ELECTED OFFICERS:
A person holding electke county, municipal, or other local public office MUST ABSTAIN from voting on a measure v, hich inures
lo his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
tn either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN I$ DAYS AFTER THE VOTE OCCURS by completing anti filing this form with the person responsible for recordin~
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holdinl appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the'officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
· You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
· A copy of the form should be provided immediately to the other members of the agency.
· The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest:
C"E FORM lib - I~1 pAio~
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You should disclose orally the nature of your conflict in the measure before participaling.
· You should complete the form and file il ~,ithin IS days after the vote occurs with the person responsible for.recording thc minutes
of ,he meeiing, who should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S IHTEREST
(a) A measure came or will come before my agency which (check one)
inured to my special pri~ate gain; or
~ i.ured IO ,he special gain Of
(b) The measure before my' agency and the nature of my imerest in the measure is as follows:
, by ~hom I am retained.
Date Filed Signa, ure
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $$,000.
FORM lib - 141 PAGE
TO: DAWDT. HARDEN, CITYMANAGER______ f
FROM: J~ A. COSTELLO, PRINCIPAL PLANNER
SUBJECT: MEETING OF SEPTEMBER 8, 1998
REZONING FROM SAD (SPECIAL ACTIVITIES DISTRICT) TO AC (AUTOMOTIVE
COMMERCIAL) FOR PROPERTY LOCATED ON THE WEST SIDE OF NORTH
FEDERAL HIGHWAY APPROXIMATELY, 150' NORTH OF ALLEN AVENUE.
The proposal is to change the zoning designation of the property from SAD to AC to establish the sale
of motorcyc/es, afl terrain vehic/es, persona/watercraft (waverunners, jet skis), and sma//boats for
Delray Kawasaki. The development proposal includes conversion of the existing building to
accommodate the retail sales, display, storage and repair of motorcycles, jet skis, boats, all terrain
vehicles, and upgrading of the existing parking area to accommodate 73 parking spaces with
installation of associated landscaping, and refuse storage areas. The hours of operation will be 8:00
a.m. to 6:00 p.m., Monday through Saturday, and there will be 10-15 employees.
This rezoning request is accompanied by a conditional use request to establish an associated full
service vehicle repair facility on the site [ref. LDR Section 4.4.10(D)(7)]. The Conditional Use will be
before the City Commission at its October 6th meeting pending second reading of the proposed
rezoning request. At its meeting of August 17, 1998, the Planning and Zoning Board approved a
determination of similarity of use to allow the sale of personal watercraft (waverunners, jet skis) as a
permitted use in the AC zone district.
Additional background and an analysis of the request are found in the attached Planning and Zoning
Board Staff Report.
At its meeting of August 17, 1998, the Planning and Zoning Board held a public hearing in conjunction
with review of the request. There were .two members of the public that spoke in opposition to the
request and there was no public testimony in support of the request. After reviewing the staff report
and discussing the proposal, the Board voted 5-0 (Carbone stepped down, Schwartz absent) to
recommend that the request be approved, based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan,
and LDR Section 2.4.5(D)(5).
By motion, approve on first reading the ordinance for rezoning from SAD (Special Activities District) to
AC (Automotive Commercial) based upon the findings and recommendation by the Planning and
Zoning Board, and setting a public hearing date of October 6, 1998.
Attachments: P & Z Staff Report and Documentation of August 17, 1998 f) ~, ,~ i-~'F' ~
Ordinance by Others ~'Cc, Cv~,~. ~g3L. ~)
.&.
LEGAL VERIFICATION FORM
FILE #: 98-208
PROJECT NAME: DELRAY KAWASAK- REZONING
LEGAL DESCRIPTION
Begin at the intersection of the North line of Lot 38 of Model Land Company
Subdivision of Section 9, Township 46 South, Range 43 East, and the East right-
of-way line of Old Dixie Highway, said point of intersection being 30 feet easterly,
measured at right angles, from the East 50 foot right-of-way line of the Florida
East Coast Railroad, being the Point of Beginning; thence southerly, along the
East right-of-way line of Old Dixie Highway, a distance of 326.61 feet; thence in
an easterly direction and parallel to the South line of Lot 38, a distance of 231.05
feet more or less, to the West right-of-way line of U.S. Highway No. 1 (State
Road No. 5); thence in a northerly direction, along said West right-of-way line, a
distance of 327.16 feet, more or less, to the said north line of Lot 38; thence in a
westerly direction along the North line of said Lot 38, a distance of 231.20 feet,
more or less, to the point of beginning, said tract being in Palm Beach County,
Florida.
SOURCE of Legal Description: Survey (copy attached)
VERIFIED BY: DATE:
VERIFICATION REQUEST NEEDED BY: SEPTEMBER '10, 1998
LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO SECOND
READING:
VERIFICATION REQUEST NEEDED BY:
LEGKAW
MEETING OF:
AUGUST 17, 1998
AGENDA ITEM:
IV.C. - DETERMINATION OF SIMILARITY OF USE TO
ALLOW THE SALES OF PERSONAL WATERCRAFT
(WAVERUNNERSlJET SKIS) AS A PERMITTED USE IN
THE AC (AUTOMOTIVE COMMERCIAL) ZONE DISTRICT.
The item before the Board is that of making a determination of similarity of use,
pursuant to LDR Section 4.3.2(C)(2). The request is to allow the sales of personal
watercraft (waverunners~et skis) as a permitted use within the AC (Automotive
Commercial).
At its meeting of January 9, 1996, the City Commission approved a text amendment to
allow sales and service of personal watercraft (waverunners, jet skis) and all terrain
vehicles (ATVs) as a conditional use in the GC (General Commercial) and PC (Planned
Commercial) zoning districts, with additional restrictions that no outside display, outside
storage or outside repair be allowed.
A request for a determination of similarity of use has been submitted to allow the "sales
of personal watercraft (waverunners, jet skis)" in the AC (Automotive Commercial) zone
district. The "sales of personal watercraft (waverunners, jet skis)" is not specifically
listed as a permitted or conditional use within the AC zone district, therefore the
determination of similarity of use process described under LDR Section 4.3.2(C) is
being sought. The process first involves an interpretation by the Director as to whether
the use is allowable on the basis that it is identical to a listed use [ref. LDR Section
4.3.2(C)(1)]. If the request is not identical but has similar characteristics' to allowable
uses, the use may be established in a specific zone district through action of the
Planning and Zoning Board [ref. LDR Section 4.3.2(C)(2)].
The Director has determined that the use is not identical to uses listed under the AC
zone district, however, it has similar characteristics to specific permitted uses (i.e. boat
sales) and is therefore eligible under Section 4.3.2(C)(2) for a determination by the
Planning and Zoning Board.
Delray Kawasaki, currently located at 505 N.E. 5th Avenue (Southbound Federal
Highway), wishes to relocate to the site commonly known as the Miller Dodge site,
located on the west side of North Federal Highway, approximately 150 feet north of
Planning and Zoning Board Memorandum Staff Report
Determination of Similarity of Use to Allow the Sale of Personal Watercraft (Waverunners/Jet
Skis) in the AC zone district
Page 2
Allen Avenue (1900 North Federal Highway). A rezoning request is be processed to
change the zoning from SAD (Special Activities District) to AC (Automotive Commercial)
to establish the sales of motorcycles, all terrain vehicles, personal watercraft
(waverunners, jet skis), and small boats for Delray Kawasaki. In conjunction with the
rezoning, a Conditional Use request is being processed separately to establish an
associated repair facility.
The applicant's request letter (copy attached) states that "personal watercraft are
similar to boats as they are marine recreational products which uses are
restricted to water and which use, operation and safety is restricted by local
marine patrol and coast guard. Personal watercraft are similar to boats in that
they are not stand alone items but require support such as trailers, lifts or racks
for storage, repair or display, and thus require larger areas for display, storage
and repair which is more suitable to Automotive Commercial Districts.
Additionally, jet skis and personal watercraft are similar to boat require trailering
for purposes of display, relocation and storage which is more suitable to
Automotive Commercial Districts where the tracts of land must have a minimum
area of ~.5 acres in accordance with the Development Standards. Also, jet skis
are similar to motorcycles, A TVs, as they are similar in size, maneuverability and
operation. The sale of jet skis is in keeping with the purpose and intent of the AC
District."
The purpose and intent of the AC zone district is to provide specific regulations for
vehicle sales and related uses when those related uses are not located within
Commerce or Industrial districts; and to further Future Land Use Element Objective A-2.
This objective's goal is to reduce, and eventually eliminate, uses which are inconsistent
with the character of the City of Delray Beach, or which are inconsistent with the
predominant adjacent land uses, and to insure compatibility of future development.
The uses allowed in the AC zoning district include the sales, lease, rental, and repair of
automobiles, motorcycles, boats, recreational vehicles, and trucks. It is a zoning district
that is specifically designed and created for the sale of vehicles and vessels, with
specific development standards designed to mitigate the impacts of these uses on
adjacent areas. Therefore, there appears to be a basis to support a determination of
similarity of use for personal watercraft sales. While it seems appropriate to permit the
smaller watercraft within the AC District, it would not be appropriate to allow the sale of
boats in the GC nor the PC zone district. The primary difference between the sale of
boats, autos, etc. and personal watercraft is their size. Similar to boats, they are
governed by state and federal requirements regarding vessels. As with boat and
automotive sales, watercraft sales typically involve a showroom, outdoor display, and
repair facilities. The impact of personal watercraft sales in terms of noise, traffic, etc.
would be far less than that of many of the uses already permitted in the AC zone, which
involve large display areas, test driving of vehicles, and noisy repair facilities.
Planning and Zoning Board Memorandum Staff Report
Determination of Similarity of Use to Allow the Sale of Personal Watercraft (VVaverunners/Jet
Skis) in the AC zone district
Page 3
In terms of the site size requirements of the district, personal watercraft sales should
not be subject to the 1.5 acre minimum that applies to boat and vehicle sales. This is
similar to the distinction made between automotive and motorcycle sales. The size of
the vehicles does not demand the kind of area for storage and display that is required
for automobiles and boats.
The subject property is not in a geographical area requiring review by the DDA
(Downtown Development Authority) or HPB (Historic Preservation Board).
Community Rede. velo_~ment Agency
At its meeting of July 23, 1998, the CRA reviewed and recommended approval of the
similarity of use request.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
[] La Hacienda Homeowners Association
[] Palm Trail Homeowners Association
[] North Palm Trail Homeowners Association
El Seacrest Homeowners Association
Letters of objection and support, if any, will be presented at the Planning and Zoning
Board meeting.
Make a finding of similarity of use, that "the sale of personal watercraft
(waverunners£jet skis)" are similar to other uses permitted in the AC zone district,
particularly boat sales, and should therefore be allowed as a permitted use within
the district.
B. Determine that the similarity of use approach is not appropriate, but that the use
request is recommended for inclusion to the code through a formal text amendment.
C. Determine that the proposed use is not similar to any allowed use with the AC zone
district, and deny the request.
Planning and Zoning Board Memorandum Staff Report
Determination of Similarity of Use to Allow the Sale of Personal Watercraft (VVaverunners/Jet
Skis) in the AC zone district
Page 4
By motion, make a finding of similarity of use, that "the sale of persona/ watercraft
(waverunner~jet skis)" are similar to other uses permitted in the ,AC zone district,
particularly boat sales, and should therefore be allowed as a permitted use within the
district.
Attachment: Letter of Request
Report prepared by: Jeff Costello. Senior Planner
Dee Car Realty, Ltd.
701 SE 6~ Avenue Suite 201
Deiray Beach, Florida 33483
July 3, 1998
Planning and Zoning Department
City of Delray Beach
100 NW 1'~ Avenue
Attn: Paul Dorling
Acting Director
Re:
Premises:
SIMILARITY OF USE REQUEST
1900 N Federal Highway
Delray Beach, Florida
Dear Mr. Dorling:
Pursuant to section 2.4.5 (N) of the City of Delray Beach Land Development
Regulations, we hereby submit this request for a determination by the Planning and
Zoning Board that jet.skis are similar to the principal uses allowed in the Automotive
Commercial (AC) District:
(A) REQUESTED USE:
The requested use is the sale, lease, rental, and repair of jet skis and personal
watercraft.
(B) IDENTIFICATION OF APPROPRIATE ZONING DISTRICT:
The appropriate zoning designation is identified as the Automotive
Commercial (AC) District which allows as principal uses:
(1) the sale, lease, and rental of: automobiles, boats, recreational vehicles,
trucks, and motorcycles, and:
(2) retail and wholesale sales of vehicular parts, equipment, and
accessories.
In accordance with policy objective A-2 of the Comprehensive Plan, the
uses associated with the AC district are considered significant, and the Development
Standards required for the AC district include larger land areas.
(C) RATIONALE FOR SIMILARITY OF USE:
The use of jet skis and personal watercraft should be deemed similar to the other
uses allowed in the identified Automotive Commercial (AC) District as follows:
(1) Jet skis and personal watercraft are similar to boats as they are marine
recreational products which uses are obviously restricted to water and which use,
operation and safety is restricted by local marine patrol and coast guard.
SIMILARITY OF USE REQUEST
July 3, 1998
Page-2-
(2) Jet skis and personal watercraft are similar to boats in that they
are not stand alone items but require support such as trailers, lifts or racks for storage,
repair or display and thus require larger areas for display, storage and repair which is
more suitable to Automotive Commercial Districts. Additionally, jet skis and personal
watercraft similar to boat require trailering for purposes of display, relocation and
storage which is more suitable to Automotive Commercial Districts where the tracts of
land must have a minimum area of 1.5 acres in accordance with the Development
Standards.
(3) Jet skis are recreational products similar in size, maneuverability and
operation to motorcycles and all terrain vehicles (ATV's). Similarly, the operation of a
jets skis and personal watercraft is limited to one operator and one passenger like
motorcycles and ATV's.
(4) Jets skis and personal watercraft parts and accessories are similar in
size to accessories and parts for motorcycles and ATV's.
Finally, the use of jet skis and personal watercraft in the Automotive Commercial
District is in keeping with the stated purpose and intent of the AC District in that their
display, storage, lack of maneuverability, and repair, which will require trailering to,
from, or on a designated site, lends itself to a more significant land use of larger size
land areas and accessible locations as well as larger facilities for storage and repair
which are best accommodated in the AC Districts.
Accordingly, we hereby request a determination that sale, lease, rental, and
repair of jet skis and personal watercraft are so similar to the principal uses, namely
boats, motorcycles, and ATV's, permitted in the Automotive Commercial (AC) District
that they be deemed allowable as a principal use in the AC District.
Very Truly Yours,
Dee Car Realty, Ltd.
By:
PAT CARBONE
Attachments:
The City of Delray Beach Zoning Regulation Section 4.4.10
The City of Delray Beach Land Development Regulations Sections 2.4.5 (N)
The City of Delray Beach Comprehensive Plan - Policy Objective A-2