Ord 32-01ORDINANCE NO. 32-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT TO
AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING
A PARCEL OF LAND LOCATED ON THE WEST SIDE OF NORTH
FEDERAL HIGHWAY, APPROXIMATELY 920' NORTH OF LAKE
AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2000";
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 August, 2000, as being zoned GC (General Commercial)
District; and
WHEREAS, at its meeting of May 21,2001, 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, 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, be, and the
same is hereby amended to reflect a zoning classification of AC (Automotive Commercial) District
for the following described property:
All of Parcel A of the "Revised Rosedale Park Plat Property of Joseph Serp" according to
the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach
County, Florida, in Plat Book 15, Page 31, subject to the right-of-way of US Highway No. 1.
Section 2. That the Planning and Zoning Director of the 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are hereby repealed.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.
PA~ED AND ADOPTED in regular session on second and final reading on this the / ~]
day of~ ,2001.
ATTEST
Acting City Clerk
First Reading.
MAYOR
Second Reading
2 ORD NO. 32-01
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
FROM:
SUBJECT:
CITY MANAGER ~
AGENDA ITEM # /O ~ - REGULAR MEETING OF JUNE 19~ 2001
ORDINANCE NO. 32-01 (REZONING PROPERTY LOCATED ON THE
WEST SIDE OF NORTH FEDERAL HIGHWAY)
DATE: JUNE 15, 2001
This is second reading and a quasi-judicial public hearing for Ordinance No. 32-01 which rezones
property located on the west side of North Federal Highway approximately 920 feet north of Lake
Avenue. The said property consists of Parcel "A" of the revised Rosedale Park plat and contains 1.81
acres.
At its meeting of October 8, 1979, the City Commission annexed the subject property with the GC
(General Commercial) zoning designation. The property contained a mobile home park known as
Arrow Trailer Park. The park has been recently demolished in anticipation of redevelopment. There
have been no development proposals since annexation for the subject property.
A conditional use application has been submitted to allow a full service vehicle repair facility at the
subject property in conjunction with a "high end~ used automobile and new electric automobile
dealership. The applicant has submitted an application to change the zoning district map designation
from GC (General Commercial) to AC (Automotive Commercial) to allow the establishment of an
automotive dealership.
Recommend approval of Ordinance No. 32-01 on second and final reading, 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).
RefiAgmemo21.Ord.32-01.Rezoning.NorthFederalHighway.06.19.01
TO:
THRU:
FROM:
SUBJECT:
D~~_A~TY MANAGER
PAUL DORLING, Di/IR~ECTOR OF PLANNING AND ZONING
SCOTT D. PAPE, SENIOR PLANNER
MEETING OF JUNE 5, 2001
ZONING CHANGE FROM GC (GENERAL COMMERCIAL) TO AC
(AUTOMOTIVE COMMERCIAL) FOR A PARCEL OF LAND LOCATED ON
THE WEST SIDE OF NORTH FEDERAL HIGHWAY~ APPROXIMATELY 920'
NORTH OF LAKE AVENUE~ WITHIN THE NORTH FEDERAL HIGHWAY
REDEVELOPMENT AREA.
The subject property consists of Parcel "A" of the Revised Rosedale Park plat and contains 1.81
acres. The property is located on the west side of North Federal Highway, approximately 920'
north of Lake Avenue, within the North Federal Highway Redevelopment Area.
At its meeting of October 8, 1979, the City Commission annexed the subject property with the
GC (General Commercial) zoning designation. The property contained a mobile home park
known as Arrow Trailer Park. The park has been recently demolished in anticipation of
redevelopment. There have been no development proposals since annexation for the subject
property.
A conditional use application has been submitted to allow a full service vehicle repair facility at
the subject property in conjunction with a "high-end" used automobile and new electric
automobile dealership. The applicant has submitted an application to change the zoning district
map designation from GC to AC to allow the establishment of an automotive dealership.
Additional background and an analysis of the request are found in the attached Planning and
Zoning Board Staff Report.
At its meeting of May 21, 2001, the Planning and Zoning Board held a public hearing in
conjunction with the requests. After reviewing the staff report and discussing the proposal, the
Board voted 7-0 to recommend that the requests be approved, based upon positive findings
with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land
Development Regulations, and policies of the Comprehensive Plan.
By motion, approve on first reading the ordinance for a zoning designation change from
GC (General Commercial) to AC (Automotive Commercial) based on positive findings
with respect to Chapter 3 (Performance Standards), LDR Sections 2.4.5(D)(5), and
policies of the Comprehensive Plan.
Attachments: P & Z Staff Report of May 21, 2001
ORDINANCE NO. 32-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT TO
AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING
A PARCEL OF LAND LOCATED ON THE WEST SIDE OF NORTH
FEDERAL HIGHWAY, APPROXIMATELY 920' NORTH OF LAKE
AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2000";
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 August, 2000, as being zoned GC (General Commercial)
District; and
WHEREAS, at its meeting of May 21,2001, 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, 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, be, and the
same is hereby amended to reflect a zoning classification of AC (Automotive Commercial) District
for the following described property:
All of Parcel A of the "Revised Rosedale Park Plat Property of Joseph Serp" according to
the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach
County, Florida, in Plat Book 15, Page 31, subject to the right-of-way of US Highway No.
1.
Section 2. That the Planning and Zoning Director of the 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.
PASSED AND ADOPTED in regular session on second and final reading on this the __
day of ., 200__.
ATTEST M A Y O R
City Clerk
First Reading.
Second Reading
2 ORD NO. 32-01
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
May 21, 2001
IV.C.
Rezoning from GC (General Commercial) to AC (Automotive Commercial) for
Autobahn Motors, Inc., Located on the West S~de of N. Federal Highway,
Approximately 920' North of Lake Avenue.
GENERAL DATA:
Owner ............................. 1st Street Realty, LLC
Agent .............................. Gary Eliopoulos / Louis Carbone
Applicant ......................... Autobahn Motors, Inc.
Location ....................... West side of N. Federal Highway,
approximately 920' north of Lake
Avenue
Property Size .................. 1.81 Acres
Future Land Use Map ..... General Commercial
Current Zoning ...............
Proposed Zoning ............
Adjacent Zoning .... North:
East:
South:
West:
Existing Land Use ..........
Proposed Land Use ........
Water Service .................
Sewer Service ................
GC (General Commercial)
AC (Automotive Commercial)
AC (Automotive Commercial)
GC
GC
R-I-A (Single Family Residential)
Vacant (formerly Arrow Trailer Park)
Rezoning from General Commercial
to Automotive Commercial to
accommodate a proposed
automobile dealership with a full
service vehicle repair facility in
conjunction with the processing of a
Conditional Use Request.
Available via connection to an
existing 8" water main in Dixie
Highway.
Available via connection to an
existing 8" sewer main in Dixie
Highway.
IV.C.
ITEM BEFORE THE~BOARD
The item before the Board is that of making a recommendation to the City
Commission on a privately sponsored rezoning from GC (General Commercial)
to AC (Automotive Commercial) for Autobahn Motors Automotive Dealership,
pursuant to LDR Section 2.4.5(D).
Pursuant to Section 2.2.2(E)(6), the Local Planning Agency shall review and
make a recommendation to the City Commission with respect to the rezoning of
any property within the City.
I BAC:KG RO UN'D ""~ I
The subject property consists of Parcel "A" of the Revised Rosedale Park plat
and contains 1.81 acres. The property is located on the west side of North
Federal Highway, approximately 920' north of Lake Avenue, within the North
Federal Highway Redevelopment Area.
At its meeting of October 8, 1979, the City Commission annexed the subject
property with the GC (General Commercial) zoning designation. The property
contained a mobile home park known .as Arrow Trailer Park. The park has been
recently demolished in anticipation of redevelopment. There have been no
development proposals since annexation for the subject property.
A conditional use application has been submitted to allow a full service vehicle
repair facility at the subject property in conjunction with a "high-end" used
automobile and new electric automobile dealership. The applicant has submitted
a zoning district map change, which is now before the Board for action.
P ROJ EC, T DES C~RI~PTiO N
The proposal is to change the zoning designation of the property from GC
(General Commercial) to AC (Automotive Commercial). The rezoning to AC will
allow the construction of a used car automotive dealership with full service
automotive repair.
The rezoning application includes a waiver request to the following section of the
City's Land Development Regulations:
LDR Section 4.4.10(F)(2)(d), which requires a minimum lot area of 1.5 acres
for the sale, lease, or rental of automobiles, boats, recreational vehicles, or
trucks.
P & Z Board Staff Report
Rezoning from GC to AC for Autobahn Motors
Page 2
ZONING ANALYSIS,
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 resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said
zoning must be consistent with the applicable land use designation as
shown on the Future Land Use Map.
The subject property has a General Commercial Future Land Use Map
designation and is currently zoned GC (General Commercial). The proposed AC
(Automotive Commercial) zoning is consistent with the General Commercial
Future Land Use Map designation. The proposal is to redevelop the property for
a used car and electric automobile dealership with full service automotive repair.
Pursuant to the LDR Section 4.4.10(B)(2), within the AC zone district the sale,
lease, or rental of automobiles are allowed as a permitted use. As the proposed
vehicle repair is not associated with a full service automobile dealership, it is not
a permitted accessory use. However, per LDR Section 4.4.10(D)(7) full service
vehicle repair facilities are allowed as a conditional use. A conditional use
application has been submitted for the associated full service automotive repair
facility and is being processed separately. Based upon the above, a positive
finding can be made with respect to consistency with the land use map
designation.
Concurrency: Concurrency as defined pursuant to Objective B-2 of the
Future Land Use Element of the Comprehensive Plan must be met and a
determination made that the public facility needs of the requested land use
and/or development application will not exceed the ability of the City to
fund and provide, or to require the provision of, needed capital
improvements in order to maintain the Levels of Service Standards
established in Table CI-GOP-1 of the adopted Comprehensive Plan of the
City of Delray Beach.
Water & Sewer:
Water service can be accommodated via a service lateral connection to
the existing 8" water main along Old Dixie Highway. Adequacy of fire
suppression will be evaluated during the site plan review process.
P & Z Board Staff Report
Rezoning from GC to AC for Autobahn Motors
Page 3
Sewer service is available via a service lateral connection to the existing
6" main along Old Dixie Highway.
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 storm water
retention will be reviewed during the site plan application process. There are no
problems anticipated with retaining drainage on site and obtaining a South
Florida Water Management District permit.
Traffic:
As the intensity of uses within the GC and AC zoning districts are similar,
comparable traffic volumes would be generated. With the associated conditional
use request, a traffic impact study as submitted indicating that 757 average daily
trips would be generated. The traffic study must comply with the Palm Beach
County Traffic Performance Standards Ordinance. There are no problems
anticipated meeting this level of service standard.
Parks and Recreation:
Park and dedication requirements do not apply to nonresidential uses.
Solid Waste:
Trash generated each year by the proposed automotive use under the AC zone
district will be equal to or less than that generated by the commercial uses
allowed under the GC zone district. The development of the property under the
AC zone district should not create an adverse impact on this level of service
standard.
Consistency: A finding of overall consistency may be made even though
the action will be in conflict with some individual performance standards
contained within Article 3.2, provided that the approving body specifically
finds that the beneficial aspects of the proposed project (hence compliance
with some standards) outweighs the negative impacts of identified points
of conflict.
P & Z Board Staff Report
Rezoning from GC to AC for Autobahn Motors
Page 4
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable objectives 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 suits the community's future development, the following shall apply:
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;
West side of Southbound Federal Highway between George Bush
Boulevard and SE 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 NE 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;
[3 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;
rd
[] Between the one-way pairs (Federal Highway) from SE 3 Street to
SE 10th Street; and from NE 5th Street to George Bush Boulevard;
~ On the north side of Linton Boulevard, between 1-95 and SW 10th
Avenue, and along Wallace Drive.
P & Z Board Staff Report
Rezoning from GC to AC for Autobahn Motors
Page 5
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/commercial areas.
The subject property is located between Federal Highway and Old Dixie
Highway, north of George Bush Boulevard. As noted above, this is an area of
the City where automobile dealerships are encouraged to locate. The rezoning is
to accommodate a used car and new electric car dealership and the
accompanying conditional use is for the associated full service automotive repair
facility. The development proposal is consistent with this Policy.
Future Land Use Element Policy C-1.4 - (in summary) ...the North Federal
Highway Corridor is identified as a blighted area. The North Federal
Highway Redevelopment Plan was approved by the City Commission on
March 16, 1999. The Plan identified the need for limited rezonings and LDR
amendments, along with improvements necessary to accomplish certain
redevelopment goals. Future development in the area must be in
accordance with the provisions of the Redevelopment Plan.
As noted previously, the proposal is to redevelop the property as an automotive
dealership with a full service repair facility. The proposal will provide economic
stimulation and investment in the area and result in the redevelopment of a
blighted property. The proposed development will assist in the stabilization of the
surrounding neighborhood and should be an inducement to further
redevelopment of the Federal Highway corridor. Thus, the proposal is
consistent with the objectives of the North Federal Highway Redevelopment
Plan.
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
in terms of soil, topographic, and other applicable physical considerations,
is complementary to adjacent land uses, and fulfills remaining land use
needs.
As noted in the background section of this report, the property was previously
utilized as a mobile home trailer park. In accordance with Future Land Use
Element Policy A-2.4, automotive uses are directed to this particular area of
North Federal Highway. The proposed automotive dealership is compatible with
the surrounding uses that are commercial to the north, south and east. There is
a moderate concern with compatibility with the residential properties to the west.
These properties are located on the west side of the FEC Railroad right-of-way
and Old Dixie Highway. The compatibility of these two uses can be addressed
through adequate buffering, which will be considered during the conditional use
and site plan processes. The proposal fulfills the needs identified as part of the
North Federal Highway Redevelopment Plan and the proposed redevelopment
will revitalize a property that has been adding to the blight along this corridor.
Furthermore, the conceptual plan substantially complies with the neo-traditional
P & Z Board Staff Report
Rezoning from GC to AC for Autobahn Motors
Page 6
style of urban planning by placing the building along Federal Highway with the
majority of the parking behind the building.
Transportation Element Table T-1 (Street Network Classification and
Improvements):
According to Table T-l, the Federal Highway ultimate right-of-way is 120'. It
appears that the existing right-of-way is 100'-wide adjacent to the subject
property. Based on the survey of the property, it is not clear that the eastern
20.23' of the property was dedicated to the public for right-of-way. In order to
provide sufficient right-of-way, the applicant will be required to dedicate 10' to the
Federal Highway right-of-way. Furthermore, the applicant will be required to
provide documentation that the eastern 20.23' of the property was previously
dedicated to the public. If not, the applicant will be required to dedicate eastern
30.23' of the property for Federal Highway right-of-way.
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 60'. Presently, only 40' 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, a 20' dedication is
required, which will be acquired during the site plan review process.
Section 3.2.2 (Standards for Rezoninq Actions): Standards A and E are not
applicable. The applicable performance standards of Section 3.2.2 are as
follows:
(B)
Rezoning to AC (Automotive Commercial) to accommodate auto
dealerships shall not be permitted west of 1-95.
The proposed rezoning complies with this standard, as the property is
located between Federal Highway and Old Dixie Highway, which are
located east of 1-95.
(c)
Zoning changes that would result in strip commercial development
shall be avoided. Where strip commercial zoning developments or
zoning currently 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 will not result in strip commercial development.
The parcel is of sufficient depth to accommodate appropriate commercial
development consistent with the North Federal Highway Redevelopment
Plan.
P & Z Board Staff Report
Rezoning from GC to AC for Autobahn Motors
Page 7
(D)
That the rezoning shall result in allowing land uses which are
deemed compatible with adjacent and nearby land use 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 following zoning designations and uses border the property:
Direction Zonin.q Uses
North GC
West R- 1 -A
South GC
East GC
Power Sports (Recreational
Vehicle Sales)
Single Family Residential
Goodwill Retail Store
Retail & Restaurant (Gift Shop &
Sande's)
The proposed automobile dealership will be compatible with the existing
commercial development on the north, south and east. The proposed
commercial use is consistent with the City's North Federal Highway
Redevelopment Plan, which includes the subject property. The buildings
will be located adjacent to Federal Highway in accordance with the neo-
traditional principals ascribed to this area. A similar use (Power Sports)
has occupied the adjacent property to the north without any known
conflicts to neighborhood. The proposed development of the subject
property will further the goal of the redevelopment plan for this area and
will have a positive effect on the economic and stability of the
neighborhood. The proposed development will provide further impetus for
the redevelopment of the North Federal Highway corridor, as the project
will redevelop a once blighted property to an economic and aesthetic
asset. It is noted that, during the site plan process, the overhead door of
the service building (west side) will need to be heavily landscaped in order
to mitigate this side of the building from the adjacent Old Dixie Highway
and residential properties to the west. Furthermore, the aesthetic quality
of the buildings should be of a superior standard to enhance their
compatibility with the adjacent neighborhood.
Section 2.4.5{D)(5) (Rezoninq Findin_clS):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of
Chapter Three, 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:
am
That the zoning had previously been changed, or was originally
established, in error;
P & Z Board Staff Report
Rezoning from GC to AC for Autobahn Motors
Page 8
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 appropriate 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 applicant wishes to designate AC zoning as a standard zoning
classification on the site to allow for the relocation of Autobahn Motors,
Inc. to the site. This request is of similar intensity for which the property is
currently zoned and is allowed under the Future Land Use Map and is
consistent with the objectives of the North Federal Highway Development
Plan. The requested zoning would promote the redevelopment of the
North Federal Highway corridor by providing a highly successful high-end
automotive dealership to relocate to an area which uses are more
compatible to the surrounding neighborhood.
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 that the property is no longer non-
conforming as well as the thrust for redevelopment and economic
stimulation along this section of Federal Highway fostered by the North
Federal Highway Redevelopment Plan, it is appropriate to rezone the
property to AC.'
Comment: The basis for which the rezoning is being sought most closely relates
to Items "b" and "c". The applicant indicates that the North Federal Highway
Redevelopment Plan has targeted the subject property for redevelopment as it
added to the blighted conditions along North Federal Highway. Because of this
targeted redevelopment effort, the circumstances have changed in the area,
which support a zoning change to AC. Further, the North Federal Highway
Redevelopment Plan recommends limited rezonings to stimulate redevelopment.
In addition, the Comprehensive Plan policies related to auto uses directs these
uses to this area. The zoning change is consistent with the GC Future Land Use
Map designation and will be compatible with surrounding land uses along
Federal Highway, which is an arterial road. The proposed AC zoning district is
more appropriate to the subject property, as it will allow redevelopment with a
use that will enhance the blighted property and is compatible with adjacent
commercial uses. A positive finding can be made that the circumstances along
North Federal Highway have changed and that the zoning district is more
appropriate to allow redevelopment of the blighted property.
P & Z Board Staff Report
Rezoning from GC to AC for Autobahn Motors
Page 9
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.
The applicant has submitted a conditional use application for development of a
full service repair facility associated with a used car and new electric automobile
dealership. The review for compliance with the City's Land Development
Regulations will be addressed with the conditional use application and the
subsequent site plan application.
It is noted that the subject property will be 1.42 acres following dedication of
property to the adjacent Federal Highway and Old Dixie Highway rights-of-way.
Pursuant to LDR Section 4.4.10(F)(2)(d), the minimum lot area is 1.5 acres for
uses that sell, lease, or rent automobiles. The applicant has submitted a waiver
request to reduce the required lot area and is addressed below:
Waiver Analysis:
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving
body shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; or,
(d)
Does not result in the grant of a special privilege in that the same waiver
would be granted under similar circumstances on other property for
another applicant or owner.
As noted above, the applicant is required to dedicate a substantial portion of the
property to accommodate adjacent rights-of-way. Prior to the dedication, the
property contains 1.81 acres. The waiver to reduce the minimum required lot
area from 1.5 acres to 1.42 acres is minimal and will not have a substantive
effect on the intent of the code to provide larger automotive dealerships. Similar
circumstances on other properties would lead to the same conclusion. Further,
while not specifically identified in the LDR's, property sizes are usually
interpreted based on gross site size before dedications. Given the nature of this
request it is prudent to formally acknowledge the site size reduction. Based on
the above, a positive finding with respect to LDR Section 2.4.7(B)(5), Waiver
Findings can be made.
P & Z Board Staff Report
Rezoning from GC to AC for Autobahn Motors
Page 10
REVIEW~ BY OTHERS
The subject property is not in a geographical area requiring review by the DDA
(Downtown Development Authority) and HPB (Historic Preservation Board).
Community Redevelopment Aqency
At its meeting of May 10, 2001, the CRA reviewed and recommended approval of
the rezoning request.
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:
[~ Kokomo Key
I~ La Hacienda Homeowners Association
[] Seacrest Homeowners Association
I~ North Palm Trail Homeowners Association
D PROD
[] President's Council
[] Stanley Milosky
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.
ASSESSMENT;AND CON~;CLU~SION,
The rezoning from GC (General Commercial) 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 Redevelopment Plan, as it will provide the desired economic
stimulation and investment in the area, and results in the redevelopment of a
historically blighted property, which was not well maintained for many years.
Positive findings can be made with respect to LDR Section 2.4.5(D)(5) (Rezoning
Findings). Given the blighted situation 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 allowing the construction of an automobile
dealership with a full service repair facility.
P & Z Board Staff Report
Rezoning from GC to AC for Autobahn Motors
Page 11
ALTERNATIVE ACTIONS
Continue with direction.
Recommend approval of both the waiver request based on positive
findings and the rezoning request from GC to AC for Autobahn Motors
Automotive Dealership, 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 both of the waiver request based on failure to make
positive findings and the rezoning request from GC to AC for Autobahn
Motors Automotive Dealership, based upon a failure to make positive
findings with respect to LDR Section 2.4.5(D)(5), that the rezoning does
not fulfill one of the reasons for which a rezoning should be sought.
STAFF RE COMM EN DA~T!IO N
By separate motions:
Approve a waiver to LDR Section 4.4.10(F)(2)(d), which requires a minimum lot
area of 1.5 acres for the sale, lease, or rental of automobiles, boats, recreational
vehicles, or trucks based on positive findings with respect to LDR Section
2.4.7(B)(5).
Recommend to the City Commission approval of the rezoning from GC to AC for
Autobahn Motors Automotive Dealership, 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
Prepared by: Scott Pape, Senior Planner
u
VOL VO
SCHOOL
~ N E 14JH ST LAKE A~
~ AUTOBAHN MOTORS AUTOMOTIVE DEALERSHIP
OI~Y OF DELRAY BEACH, FL
PLANNING ~ ZONING DEPARTMENT
-- DIGITA~ ~E ~ S~M --
·}
/
/
/
/
/~.
I
TO:
THRU:
FROM:
SUBJECT:
DAVID T~E ~~.~MANAG ER
PAUL DORLING, DIREC~R OF PLANNING AND ZONING
SCOTT D. PAPE, SENIOR PLANNER /~ v-z---¥~~
MEETING OF JUNE 19, 2001
CONDITIONAL USE REQUEST TO ESTABLISH A FULL SERVICE VEHICLE
REPAIR FACILITY (AUTOBAHN MOTORS AUTOMOTIVE DEALERSHIP)
LOCATED ON THE WEST SIDE OF NORTH FEDERAL HIGHWAY~
APPROXIMATELY 920' NORTH OF LAKE AVENUE.
I
The subject property consists of Parcel "A" of the Revised Rosedale Park plat and contains 1.81
acres.
At its meeting of October 8, 1979, the City Commission annexed the subject property. The
property contained a mobile home park known as Arrow Trailer Park. The park has been recently
demolished in anticipation of redevelopment. There have been no development proposals for the
subject property since annexation.
The City Commission approved on first reading a change to the zoning district map designation for
the subject property from GC (General Commercial) to AC (Automotive Commercial) on June 5,
2001 and second reading is proposed concurrent with this request.
At its meeting of May 21, 2001, the Planning and Zoning Board held a public hearing in conjunction
with the request and no one from the public spoke. After discussing the proposal, the Board
unanimously voted to recommend approval of the full service vehicle repair facility subject to the
following two additional conditions:
That the hours of operation be limited to Monday through Friday from 8:00 am to 5:00 p.m.,
Saturday from 8:00 am to 1:00 p.m. and closed on Sundays; and,
That no auto body repair of any type be performed on the premises.
Approve the Conditional Use request to establish a full service vehicle repair facility for
Autobahn Motors Automotive Dealership, based upon positive findings with respect to Chapter
3 (Performance Standards), Section 2.4.5(E)(5) (Conditional Use Findings), and the policies of the
Comprehensive Plan, subject to the conditions contained in the staff report and further modified by
the Planning and Zoning Board limiting the hours of operation of the full service vehicle repair
facility and prohibiting auto body repair.
Attachment: P&Z Staff Report and Documentation of May 21, 2001
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
May 21, 2001
IV.D.
Conditional Use Request to Allow the Establishment of a Full Service Vehicle
Repair Facility for Autobahn Motors, Inc., Located on the West Side of N. Federal
H~ghway, Approximately 920' North of Lake Avenue.
GENERAL DATA:
Owner ............................. 1st Street Realty, LLC
Agent .............................. Gary Eliopoulos / Louis Carbone
Applicant ......................... Autobahn Motors, Inc.
Location .......................... West side of N. Federal Highway,
Property Size ..................
Future Land Use Map .....
Current Zoning ...............
Adjacent Zoning .... North:
East:
South:
West:
approximately 920' north of Lake
Avenue
1 81 Acres
General Commercial
GC (General Commercial)
AC (Automotive Commercial)
GC
GC
R-1-A (Single Family Residential)
Existing Land Use .......... Vacant (formerly Arrow Trailer Park)
Proposed Land Use ........ Conditional Use Request to allow
the establishment of a full serwce
vehicle repair facility (In conjunction
with processing a rezoning
application).
Water Service ................Available via connection to an
existing 8" water main in Dixie
Highway.
Sewer Service ................Available via connection to an
existing 8" sewer main in Dixie
Highway.
IV.D.
I ~ 'I'rEM,~BEFORE'THE BOARD J
The action before the Board is making a recommendation to the City
Commission on a request for Conditional Use approval to establish a full
service vehicle repair facility at Autobahn Motors Automotive
Dealership, pursuant to Section 2.4.5(E).
The subject property is located on the west side of North Federal
Highway, approximately 920' north of Lake Avenue.
'BACKG,ROUND'
The subject property consists of Parcel "A" of the Revised Rosedale Park plat and
contains 1.81 acres.
At its meeting of October 8, 1979, the City Commission annexed the subject property.
The property contained a mobile home park known as Arrow Trailer Park. The park has
been recently demolished in anticipation of redevelopment. There have been no
development proposals since annexation for the subject property.
A rezoning application is being processed concurrently to change to the zoning district
map from GC (General Commercial) to AC (Automotive Commercial). The conditional
use request for a full service vehicle repair facility is now before the Board for action.
PROJECT D,ESC R1PTION
The conditional use request to establish a full service vehicle repair facility is associated
with the sale of used vehicles and new electric cars. The development proposal
includes the following:
Construction of a 14,461 square foot showroom building and a 4,665 square foot
vehicle repair building;
Construction of 37 parking spaces in three separate areas. A 11 space parking
area is located along Federal Highway; an eight space parking area is located at the
northwest corner of the property adjacent to the service building; and, 18 space
parking area is located on the west side of the showroom;
[] Installation of a loading area on the west side of the showroom;
Construction of a circular drive aisle feature within the parking area on the east side
of the showroom; and,
Installation of associated landscaping and refuse storage areas.
The hours of operation will be 8:00 a.m. to 8:00 p.m., Monday through Saturday, and
11:00 a.m. to 6:00 p.m. on Sundays. The proposed automotive sales component will
have 10-15 employees.
P & Z Board Staff Report
Autobahn Motors Automotive Dealership - Conditional Use Request to Repair Vehicles
Page 2
The conditional use application includes a waiver request to the following section of the
City's Land Development Regulations:
1. LDR Section 4.4.10(F)(2)(d), which requires a minimum 1.5-acre parcel for uses
involved with the sale, lease, or rental of automobile in the AC zoning district.
CONDITIONAL USE ANALYSIS
CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.)
Pursuant to Section 3.1.1 (Required Findings) of the Land Development
Regulations, prior to 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 consistency with the Future
Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance
with the Land Development Regulations.
With the rezoning action, positive findings were made with respect to Concurrency,
Comprehensive Plan Consistency, Future Land Use Map, and Compliance with
Land Development Regulations and are discussed below.
FUTURE LAND USE MAP: The use or structures must be allowed in the zone
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 GC (General Commercial). This request is accompanied by a
rezoning request to AC (Automotive Commercial). The proposed AC (Automotive
Commercial) zoning is consistent with the General Commercial land use designation.
The proposal is to redevelop the property for a used car and electric automobile
dealership with full service automotive repair. Pursuant to the LDR Section
4.4.10(B)(2), within the AC zone district the sale, lease, or rental of automobiles are
allowed as a permitted use. As the proposed vehicle repair is not associated with a full
service automobile dealership, it is not considered an accessory use. However, per
LDR Section 4.4.10(D)(7) full service vehicle repair facilities are allowed as a
conditional use. Based upon the above, a positive finding can be made with respect to
consistency with the land use map designation.
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.
Positive findings with respect to Water, Sewer, Drainage, Parks and Recreation are
made in the associated rezoning staff report. Traffic Concurrency and Solid Waste are
discussed below.
P & Z Board Staff Report
Autobahn Motors Automotive Dealership - Conditional Use Request to Repair Vehicles
Page 3
Traffic:
The 19,126 square foot dealership and associated repair component will generate
approximately 764 average daily trips onto the surrounding roadway network. There is
adequate capacity on Federal Highway and the surrounding roadway network to
accommodate the additional trips. The applicant has submitted a traffic study which
incorrectly notes the floor area at 18,960 square feet generating 757 average daily trips.
A revised traffic study must be submitted that correctly reflects the proposed square
footage and vehicle trips. Prior to issuance of a building permit a letter must be
submitted from the Palm Beach County Traffic Engineering Division which states that
the development proposal meets the Palm Beach County Traffic Performance
Standards Ordinance. There are no problems anticipated meeting this level of service
standard. Based upon the above, a positive finding can be made with respect to traffic
concurrency.
Solid Waste:
Trash generated each year by the automotive dealership will be 9.2 pounds per square
foot per year. Thus, the 19,126 square foot facility will generate 87.98 tons per year.
The increase can be accommodated by existing facilities and thus, will not have a
significant impact on this level of service standard.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3
and required findings in Section 2.4.5(E)(5) for the Conditional Use request 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
making 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 objectives 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:
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;
r~ West side of Southbound Federal Highway between George Bush
Boulevard and SE 10th Street;
P & Z Board Staff Report
Autobahn Motors Automotive Dealership - Conditional Use Request to Repair Vehicles
Page 4
El 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:
El 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 SE 3rd Street to SE 10th
Street; and from N.E. 5th Street to George Bush Boulevard;
r3 On the north side of Linton Boulevard, between 1-95 and SW 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 redeveloped as a used car sales
facility and new electric car dealership with a full service vehicle repair facility. As the
proposed repair facilities are not associated with a "full service franchise dealership" the
applicant has submitted a conditional use request to establish vehicle repair. The
combined sales and service facility will function as a full service operation for the used
car and new electric car and is appropriate, as the property is located in a designated
area for auto sales between Federal Highway and Old Dixie Highway, north of George
Bush Boulevard. Thus, the proposal is consistent with this policy.
Transportation Element Objective A-2 (Policy A-2.2) - Commensurate with
approval of development plans, provisions shall be made for dedication of land
for the ultimate right-of-way of adjacent streets. Such dedication shall also
include sufficient right-of-way for expansion of intersections pursuant to the
Palm Beach County Thoroughfare Right-of-Way Identification Map.
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. As noted in the background
section of this report, the property was annexed in October 1979. It is unclear whether
P & Z Board Staff Report
Autobahn Motors Automotive Dealership - Conditional Use Request to Repair Vehicles
Page 5
the eastern 20.23' of the Revised Rosedale Park Parcel "A" plat was dedicated to the
Federal Highway right-of-way when the property was platted. A condition of approval is
attached that the applicant shall submit documentation that indicates the dedication of
the eastern 20.23'. If this portion of the property was not formally dedicated for Federal
Highway right-of-way, the applicant shall be required to dedicate a total of 30.23'. If
documentation is provided that shows a previous dedication of 20.23 feet, then the
applicant shall be required to dedicate 10: for the Federal Highway right-of-way.
Dixie Highway
The ultimate right-of-way width for Dixie Highway is 60'. Presently, only 40' 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, a 20' dedication is required.
The dedication of property from the east and west sides of this property reduce the
parcel size from 1.81 acres to under the 1.5 acre minimum site size. Given the unique
circumstances, the applicant is seeking a waiver, which is addressed in the rezoning
staff report since the waiver is necessary to make reasonable use of the property.
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 proposed redevelopment of the property will eliminate four driveways along Federal
Highway and replace them with one driveway. The reduction of the driveways will
improve the safety along this arterial road.
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3,
the City Commission must make findings that establishing the conditional use
will not:
Have a significantly detrimental ~ffect upon the stability of the
neighborhood within which it will be located;
Nor that it will hinder development or redevelopment of nearby properties.
The property is bordered by t~he following zoning designations and uses:
Direction Zoning Uses
North GC
West R-1-A
South GC
East GC
Power Sports (Recreational Vehicle Sales)
Single Family Residential
Goodwill Retail Store
Retail & Restaurant (Gift Shop & Sande's)
P & Z Board Staff Report
Autobahn Motors Automotive Dealership - Conditional Use Request to Repair Vehicles
Page 6
The proposed automobile dealership will be compatible with the existing commercial
development on the north, south and east. The proposed commercial use is consistent
with the City's North Federal Highway Redevelopment Plan, which includes the subject
property. The buildings will be located adjacent to Federal Highway in accordance with
the neo-traditional principals ascribed to this area. A similar use (Power Sports) has
occupied the adjacent property to the north without any known conflicts to
neighborhood. The proposed development of the subject property will further the goal
of the redevelopment plan for this area and will have a positive effect on the economic
stability of the neighborhood. The proposed development will provide further impetus to
the redevelopment of the North Federal Highway corridor, as the project will convert a
blighted property to an economic and aesthetic asset. It is noted that, during the site
plan process, the overhead door of the service building (west side) will need to be
heavily landscaped in order to mitigate this side of the building from the adjacent Old
Dixie Highway and residential properties to the west. The provision of one overhead
door will have an insignificant impact on the residences to the west. The North Federal
Highway Redevelopment Plan requires a 10' landscape area along Old Dixie Highway.
Pursuant to LDR Section 4.6.16(H)(3)(a), trees planted every 30' are required.
However, to ensure compatibility, trees ,planted every 25' and ground cover (hedging,
etc.) should be provided in the landscape area west of the service building.
Furthermore, the aesthetic quality of the buildings should be of a superior standard to
provide compatibility with the adjacent neighborhood.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
If the Conditional Use is approved, pursuant to LDR Section 2.4.5(E)(4) a site plan
submittal complying with the Land Development Regulations will be required.
Along with the Conditional Use request, a sketch plan has been submitted and
reviewed by staff. Based upon staff's review of the sketch plan and site
inspections, "Technical Items" were identified which are attached as an Exhibit.
Most of the items relate to site plan issues. These items have been transmitted to
the applicant and will need to be addressed with the site plan modification
submittal. The following regulations relate to the proposed repair facility.
Special Landscape Setback:
Pursuant to LDR Section 4.3.4(H)(6)(b)(2), a 10' special landscape area shall be
provided along Federal Highway. The conceptual plan complies with this requirement
as a 10'-wide landscape strip is provided between the ultimate right-of-way and the
proposed parking/buildings.
The special landscape area shall not be required between the front building edge and
the ultimate right-of-way where storefronts face the roadway and no parking or
vehicular circulation areas are provided between the building and the right-of-way.
However, the body acting upon the development application may require that
foundation plantings, street trees or other landscape features be installed in front of the
building to add interest and provide relief from the building mass. As noted previously,
P & Z Board Staff Report
Autobahn Motors Automotive Dealership - Conditional Use Request to Repair Vehicles
Page 7
a landscape plan was not submitted with the conditional use application. The Site Plan
Review and Appearance Board will consider the landscape plan during the site plan
review process.
Front Building Setback:
Pursuant to LDR Section 4.4.10(F)(3)(a), parcels with frontage on North Federal
Highway shall provide a minimum building setback of five-feet and a maximum setback
of 15'. The conceptual plan complies with this requirement as a ten-foot setback has
been provided between the ultimate right-of-way and the two buildings.
Development Standards:
Automotive Commercial Supplemental District Regulations [LDR Section
4.4.10(G)]:
Outside Display Areas:
The conceptual site plan indicates that there will be two outdoor display areas; one
adjacent to the sales building and one adjacent to the service building. These areas
are located beneath seven-foot wide arcades (covered walkways). The conceptual plan
does not designate any of the parking spaces along Federal Highway or Old Dixie
Highway. With respect to the designated display areas, a three-foot high hedge and
trees planted 40' on-center are required along Federal Highway. The landscape plan
submitted with site plan application must identify the required landscaping. Pursuant to
LDR Section 4.4.10(G)(1)(f), the outdoor display areas must be designed and
constructed in accordance with LDR Section 4.6.9(D)[Parking Space Design
Standards]. The proposed display areas are a bit unusual in that they are not located
within a designed parking area and do not conform to the typical design standards.
However, a condition of approval is. attached in Exhibit "A" that a type "D" curb will be
required to separate the landscape areas from the display areas.
Customer and Employee Parking [LDR Section 4.4.10(G)(3)]:
Pursuant to LDR Section 4.6.9(C)(3)(f), vehicle sales and rental shall provide 4 spaces
per 1,000 sq.ft, of total building(s) area, except indoor display areas. Required parking
spaces shall be designated for employee, customer, and/or service use at the standard
of, at least, 1.5 spaces per service bay and 2 spaces per 1,000 sq.ft, of floor area (less
indoor display area). Any remaining spaces may be used for display purposes. Based
on the 9,197 square feet of service and office floor area, a minimum of 37 parking
spaces are required. The conceptual plan meets the minimum parking requirements as
37 parking spaces are provided. Of these 37 parking spaces, 28 parking spaces must
be designated on the conceptual plan as employee, customer and/or service use. A
maximum of nine spaces are available for display.
P & Z Board Staff Report
Autobahn Motors Automotive Dealership - Conditional Use Request to Repair Vehicles
Page 8
Locational Restriction:
Pursuant to LDR Section 4.4.10(G)(4)(a), repair facilities and paint and body shops
shall be located at least 100 feet from any residentially zoned lot. Service bay doors
shall not be oriented toward any adjacent residentially-zoned property, except where
currently existing, nor oriented toward any adjacent public street unless it can be
demonstrated to the Site Plan Review and Appearance Board that it is not feasible to
comply. The proposed service building complies with the location requirement, as it is
located 272' from the residentially zoned property on the west side of the FEC Railroad
right-of-way. The service bay door is located on the west side of the service building
and oriented toward Old Dixie Highway. The service building is located approximately
112' from the ultimate right-of-way line of Old Dixie Highway. Since the property has
double frontage, the location of a service bay door is limited due to the site constraints.
It is noted that additional buffering such as a tree every 25' and hedging or other ground
cover will be required at the northwest corner of the property.
Use and Operating Restrictions:
The AC zone district contains several requirements pertaining to the general operation
of automotive related uses. Automotive related uses must comply with "Use and
Operating Restrictions" of the AC zone district [LDR Section 4.4.10(G)(5)(a) through
(e)]. Items (a), (b), (d), and (e) as they pertain to the conditional use request are
discussed below:
(a)
Except for automobiles, trucks, pickup trucks, vans, jeeps, motorcycle and
recreation vehicles, no other outdoor sales or display of any materials, products, or
goods shall be permitted. No industrial equipment shall be sold, leased, rented, or
otherwise stored within the AC District. However, wherever reasonably possible as
determined by the City, trucks other than pickup trucks, vans, and jeeps shall be
displayed in areas which are separated from a street by an outdoor display area for
other permitted vehicles, customer or employee parking areas, or buildings.
Analysis:
The project narrative does not indicate that there will be any outdoor sales or
display of any material, product or goods. A condition of approval is attached that
there will be no outdoor sales or display of any materials, products, and industrial
equipment sales/lease/rental/storage at the subject property.
(b) No vehicle shall be parked with its hood or trunk open, nor elevated off the ground
in any way. Vehicles shall not be parked in any right-of-way or driveway.
Analysis:
A condition of approval is attached that prohibits vehicles with open hoods or trunks
and restricts elevating platforms. The condition will also prohibit the parking of
P & Z Board Staff Report
Autobahn Motors Automotive Dealership - Conditional Use Request to Repair Vehicles
Page 9
vehicles within any right-of-way or driveway. It is noted that this restriction applies
to vehicles located outdoors and not within the showroom.
(d)
Except for existing areas designated for off-loading, any areas designated for the
off-loading of vehicles or for loading and deliveries shall be located to the rear of
buildings and shall be located so as to contain noise on-site. These areas shall not
be located closer than 100 feet from any residentially- zoned lot, and shall be
appropriately designated, marked, and signed.
Analysis:
The conceptual plan is consistent with this requirement as the loading bay is
located on the west side of the building and is 204' from the residentially zoned
property on the west side of the FEC Railroad right-of-way.
(e) Dealers are prohibited from using residential streets for the testing of vehicles after
servicing and for the demonstration of vehicles.
Analysis:
The property is located between Federal Highway and Old Dixie Highway, which
are used primarily for commercial traffic. A condition of approval is attached that
restricts the automotive dealer from using residential streets for the testing of
vehicles after servicing and for the demonstration of vehicles.
Lighting:
Pursuant to LDR Section 4.4.10(G)(6), exterior lighting fixtures shall not exceed 25' in
height; shall be directed away from adjacent properties; shall be a sharp cutoff,
luminary; shall confine light to the site only; and shall not exceed when measured at ten
feet inside any property line, the following illumination:
a)
b)
c)
100 foot-candles within display areas
40 foot-candles within all other areas
After 11:00 p.m., the illumination in display areas shall be reduced to 50 foot-
candles
A photometric plan was not submitted with the conditional use application, which is
typically an issue that is addressed during the site plan review process. It is noted that
the applicant shall be responsible for the submittal of a photometric plan with the site
plan application submittal that indicates compliance with the requirements mentioned
above.
The subject property is not in a geographical area requiring review by the DDA
(Downtown Development Authority) and HPB (Historic Preservation Board).
P & Z Board Staff Report
Autobahn Motors Automotive Dealership - Conditional Use Request to Repair Vehicles
Page 10
Community Redevelopment Agency
At its meeting of May 10, 2001, the CRA reviewed and recommended approval of the
conditional use request.
Site Plan Review and Appearance Board:
If Conditional Use approval is granted, a full site plan submittal will follow. Final action
on the site plan submittal will rest with the SPRAB (Site Plan Review and Appearance
Board). The site plan must address the concerns raised through the conditional use
petition, and address the listed "Technical Items" (Exhibit A).
Adjacent Municipalities
Notice of the conditional use 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:
CI Kokomo Key
E3 La Hacienda Homeowners Association
[] Seacrest Homeowners Association
[] North Palm Trail Homeowners Association
[] PROD
[] President's Council
[~ Stanley Milosky
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.
ASSESSMENT AND CONCLUSIONS,
The proposed conditional use for Autobahn Motors Automotive Dealership to allow a
full service repair facility is consistent with Chapter 3 of the Land Development
Regulations and the policies of the Comprehensive Plan. The "Technical Items" will be
addressed with the site plan modification submittal. Positive findings with respect to
LDR Section 2.4.5(E)(5) (Conditional Use Findings) can be made provided the service
bays are adequately screened from public rights-of-way and adjacent properties, and
limitations regarding the operation are imposed. The proposed redevelopment of the
subject property will enhance a blighted piece of property along the North Federal
Highway corridor and will be compatible with the adjacent uses.
P & Z Board Staff Report
Autobahn Motors Automotive Dealership - Conditional Use Request to Repair Vehicles
Page 11
J~, ~,~-~ ~ALTERNATiVE:.,AC~TIONS
Continue with direction.
Recommend approval of the conditional use request for a full service vehicle
repair facility for Autobahn Motors Automotive Dealership based upon positive
findings with respect to Chapter 3 (Performance Standards) and Section
2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the
policies of the Comprehensive Plan subject to conditions.
Recommend denial of the conditional use request for a full service vehicle repair
facility for Autobahn Motors Automotive Dealership based upon a failure to
make positive findings with respect to Section 2.4.5(E)(5) (Conditional Use
Findings) of the Land Development Regulations, that the proposed use will
hinder development or redevelopment of nearby properties.
,VRECOMMEND:ED ACTION
Recommend to the City Commission approval of the conditional use request for a full
service vehicle repair facility for Autobahn Motors Automotive Dealership, based
upon positive findings with respect to Chapter 3 (Performance Standards) and Section
2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies
of the Comprehensive Plan subject to the following conditions:
1. That a site plan modification be submitted which addresses the "Technical Items"
attached in Exhibit "A";
2. That vehicles with open hoods or trunks and elevated platforms shall be prohibited
outdoors;
3. That parking of vehicles within any right-of-way or driveway shall be prohibited;
That automotive dealer shall be prohibited from using residential streets for the
testing of vehicles after servicing and for the demonstration of vehicles pursuant to
LDR Section 4.4.10(G)(5)(e); and,
That sufficient landscaping is provided at the northwest corner of the property to
screen the service bay door from Old Dixie Highway in accordance with direction by
the City Horticulturist. This shall include but not be eliminated to planting trees
every 25' and appropriate ground cover (hedging, etc).
Attachments:
Exhibit A
Sketch Plan
Report prepared by: Scott Pape, Senior Planner
P & Z Board Staff Report
Autobahn Motors Automotive Dealership - Conditional Use Request to Repair Vehicles
Page 12
Ei:XH I B,I T,~A
TECHNCA;L'ITEMS
That a revised traffic study is submitted and a letter received from the Palm Beach
County Traffic Engineering Division, which indicates that the development proposal
complies with the Palm Beach County Traffic Performance Ordinance prior to
issuance of a building permit.
A type "D" curb shall be required to buffer the landscape areas from the display
areas.
Site lighting must be provided in compliance with LDR Section 4.4.10(G)(6) (Lighting
Restrictions). The lighting locations and fixture details must be provided on the site
plan and landscape plan as well as the illumination requirements outlined in the
above code section. The light poles cannot exceed 25' in height to the top of the
fixture and a photometric plan is required to ensure compliance. Provide
information as to how the reduced lighting requirement after 11:00 p.m. is to be
achieved.
Pursuant to LDR Section 6.1.3(B)(1), a 5' wide sidewalk is required along Dixie
Highway.
The locations of the A/C units and mechanical must be indicated on the plans and
screened accordingly.
That the water main along Old Dixie Highway shall be extended and a fire hydrant
installed in accordance with direction by the Fire Department and the City Engineer.
That the unpaved portions of the adjacent rights-of-way shall be landscaped with
sod and irrigated. This includes Old Dixie Highway and the utility strip adjacent to
Federal Highway.
The trees planted along the east side of the property shall be a species with a
limited maximum height to avoid a conflict with overhead power lines.
AOUACREST
POOL
TENNIS
COUR TS
'~ANI~E Rlhl£ WA?'
FOOTBALL
FIELD
NE
22ND
N E 201H
~ ~ EL EMEN TAR Y
~ t SCHOOL
161H 5~
15TH
N E 14TH S'[ (LAKE AVE )
BOR TON
VOL V5 ~
DELRA
LOST DRIVE-IN
KOKOMO
ROYAL PALM IIL'VD
[
///
EASTVIEW
LAKE AVENUE
LAKE AVENUE
SOLEIL
TRACT
THE
ESTUARY
i
i
N
CITY OF DELRAY BEACH, FL
PLANNING ,~' ZONING DEPARi'MEN'i'
AUTOBAHN MOTORS AUTOMOTIVE DEALERSHIP
--- D/C,I~'AL BASE MAP $~,'~7'EI1/ -- MAP REF LM521
i
TO:
THRU:
FROM:
SUBJECT:
LING, ~___~CTOR OF PLANNING AND ZONING
SCOTT D. PAPE, SEN1(~ PLANNER
MEETING OF JUNE~, 2001 ~ [~ , o~ ~ /
CONSIDERATION O1~ A WAIVER REQUEST TO THE 1.5 ACRE MINIMUM
LOT AREA FOR THE SALE~ LEASE~ OR RENTAL OF AUTOMOBILES FOR
THE AUTOBAHN DEALERSHIP PROPERTY LOCATED ON THE WEST SIDE
OF NORTH FEDERAL HIGHWAY~ APPROXIMATELY 920' NORTH OF LAKE
AVENUE~ WITHIN THE NORTH FEDERAL HIGHWAY REDEVELOPMENT
AREA.
This request is being processed in conjunction with a proposed rezoning of the property from
GC (General Commercial) to AC (Automotive Commercial). Pursuant to LDR Section
4.4.10(F)(2)(d), a minimum lot area of 1.5 acres is required for the sale, lease, or rental of
automobiles. The applicant proposes to establish an automotive dealership for used cars and
new electric vehicles. The applicant has also submitted a conditional use request to establish a
full service vehicle repair facility on the site.
The subject property has a gross site area of 1.81 acres. With development a 20' right-of-way
dedication is required for Dixie Highway along with a 10 ft. right-of-way dedication for Federal
Highway. These dedications reduce the parcel size to 1.42 acres (.08 or 3,485 sq.ft below the
minimum parcel size of 1.5 acres). The applicant has submitted a waiver request to reduce
the required lot area and this is addressed below:
Waiver Analysis:
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make
a finding that the granting of the waiver:
(a)
(b)
(c)
(d)
Shall not adversely affect the neighboring area;
Shall not significantly diminish the provision of public facilities;
Shall not create an unsafe situation; or,
Does not result in the grant of a special privilege in that the same waiver would be
granted under similar circumstances on other property for another applicant or owner.
As noted above, the applicant is required to dedicate a substantial portion of the property
to accommodate adjacent rights-of-way. Prior to the dedication, the property contains
1.81 acres. The waiver to reduce the minimum required lot area from 1.5 acres to 1.42
acres is minimal and will not have a substantive effect on the intent of the code to
provide larger automotive dealerships. Similar circumstances on other properties would
lead to the same conclusion. Further, while not specifically identified in the LDR's,
property sizes are usually interpreted based on gross site size before dedications.
Given the nature of this request it is prudent to formally acknowledge the site size
reduction. Based on the above, a positive finding with respect to LDR Section
2.4.7(B)(5), Waiver Findings can be made.?OZ~)'-. "~,
City Commission Documentation
Meeting of June 5, 2001
Autobahn Lot Size
Page 2
'~ PEANNiNG~!~ND~:ZONING;CONSiDEPJAT!ON~ ~ ...... I
The Planning and Zoning Board considered the waiver request at its meeting of May 21, 2001.
The Board recommended approval (7 to 0) of the waiver to the 1.5 acre minimum lot area
requirement.
REG~MMENDEO
By motion, approve the waiver to the
dealership to be located on the west
positive findings with respect to LDR
conditions:
1.5 acre minimum lot size for the Autobahn
side of North Federal Highway, based upon
Section 2.4.7(B)(5), subject to the following
Attachment:
r~ Survey
I
I
I
/
/
I
/
/
/