01-97 ORDINANCE NO. 1-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT IN
THE AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND
BEING LOCATED ON THE EAST SIDE OF NORTH FEDERAL
HIGHWAY APPROXIMATELY 1,500 FEET NORTH OF ALLEN
AVENUE, IMMEDIATELY NORTH OF BORTON VOLVO, AS MORE
PARTICULARLY 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 GC (General Commercial) District; and
WHEREAS, at its meeting of December 16, 1996, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, considered this item at public hearing and voted 6 to 0 to
recommend approval of the rezoning, 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:
Lots 39 and 40, DELRAY BEACH ESTATES, according to
the Plat thereof, as recorded in Plat Book 21, Page
13, of the Public Records of Palm Beach County,
Florida.
The subject property is located on the east side of
North Federal Highway, approximately 1,500 feet
north of Allen Avenue, and immediately north of the
Borton Volvo dealership; containing 2.55 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conflict herewith be, and the same are hereby repealed.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.
PASSED AND ~OPTED in regular session on second and final
reading on this the 21st day of January . ~, 1997.
ATTEST:
.... /Cit~ C~rk ....
First Reading January 7, 1997
Second Reading January 21, 1997
. - 2 - Ord. No. 1-97
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~ -REZONING-
PLANNINO OE~P^RTMENT FROM: CC (GENERAL COMMERCIAL) TO: AC (AUTOMOTIVE COMMERCIAL)
CITY' OF DEI. RAY B[ACH, FL
-- O/Cf[AL t~AEE Iv~P SFSFEM -- u~P REF: LMI2!
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MISSIO~ OF THE ¢1~ OF
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PRESENTLY
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IA~TI~ C~ERCIAL) DI~
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FEDERAL HIGHWAY APPROXI*
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~RTH ~ ~ORTON VOLVO,
~RE PARTICU~RY ~RIBED
~P OF DEL~Y ~EACH,
~ ~; PROVIDI~ A GENERAL
REPEALERC~USE~A ~VI~G
~USE, AND Ag EFFECTIVE
DATE.
A~ ORDI~NCE OF THE CITY ~
MISSIOH OF THE CI~ OF DELRAY
BEACH, FLORID~ REZONI~G
P~CING ~D PRESENTLY
Z~EO ~ (AUT~OTIVE C~
MERCIAL) DISTRICT I~ THE ~
(GE~E~L C~ERCIALI DI~ .
TRICT; ~ID ~gO BEING L~AT*
ED AT THE N~T~WEST C~NER "r
~ S.E. ~H AVENUE A~D ~E. ~
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~ONING ~P OF DELRAY BEACH
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GENE~L REP~LER C~USE,
~VING C~USE, AND AN EFFEt
TIVE DATE.
AN ORDINANCE OF THE CITY C~
MI~IO~ OF THE CI~ ~ ~L~Y
BEACH, FL~ID~ ~EgDI~G
CHAPTER~, "PARKING REGU~-
TIO~S", SECTION ~, ~PARKIgG
~TER PERMIT~, OF THE
OF ORDINANCE~ DF THE CITY OF
~L~Y B~CH, BY
THE 'RESIDENTS ONLY PE~IT'
PARKING RESTRICTION ON THE
ING~H~ AVENUE PARKING
LOT; PROVIDING A GENE~L RE-
P~LER C~US~ A ~VING
C~USE, AND AN EFFECTIVE
Ag ORDtNANCE ~ THE CITY C~
MISSION ~ THE Cl~ OF DEL~Y
~CH, FLORID~ ~ENDING
~ER ~ ~ARKING
U~, ~ THE CODE OF ORDI-
~NCES OF THE CITY OF DEL~Y
BEACH, BY ~ENDING ~HEDULE
1. TO REVI~E PARKING ~URS
FOR CERTAIN LOTS IN THE ~WN-
T~N AR~ AND ~ENDING
~HEOULE II, ~ARKING METER
ZONE~, BY ADDING THE INGR~
~ AVENUE PARKING LOT;
VIBING A GENE~L REPEALER
C~USE, A ~VING C~USE, AND
AN EFFECTIVE DATE.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # /O~- REGULAR MEETING OF JANUARY 21, 1997
SECOND READING/QUASI-JUDICIAL PUBLIC HEARING FOR
ORDINANCE NO. 1-97 (REZONING FOR BORTON VOLKSWAGEN)
DATE: JANUARY 17, 1997
This is second reading and a quasi-judicial public hearing for
Ordinance No. 1-97 which rezones a parcel of land from GC
(General Commercial District to AC (Automotive Commercial)
District. The subject property consists of Lots 39 and 40,
Delray Beach Estates, and contains 2.55 acres. It is located on
the east side of North Federal Highway, approximately 1,500 feet
north of Allen Avenue, immediately north of the Borton Volvo
dealership.
The rezoning to AC is proposed to accommodate the construction of
a new full service automobile dealership for Borton Volkswagen.
Please refer to the staff report for further review and analysis.
The Planning and Zoning Board considered this matter at a public
hearing on December 16, 1996, and voted 6 to 0 to recommend
approval based upon positive findings with respect to policies of
the Comprehensive Plan, and Chapter 3 (Performance Standards) and
Section 2.4.5(D) (5) of the Land Development Regulations. At
first reading on January 7, 1997, Commission passed the ordinance
by unanimous vote.
Recommend approval of Ordinance No. 1-97 on second and final
reading.
ref:agmemo6
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM #/~'~- REGULAR MEETING OF JANUARY 7, 1997
FIRST READING FOR ORDINANCE NO. 1-97 (REZONING FOR
BORTON VOLKSWAGEN)
DATE: JANUARY 2, 1997
This is first reading for Ordinance No. 1-97 which rezones a
parcel of land from GC (General Commercial) District to AC
(Automotive Commercial) District. The subject property consists
of Lots 39 and 40, Delray Beach Estates, and contains 2.55 acres.
It is located on the east side of North Federal Highway,
approximately 1,500 feet north of Allen Avenue, immediately north
of the Borton Volvo dealership.
The rezoning to AC is proposed to accommodate the construction of
a new full service automobile dealership for Borton Volkswagen.
Please refer to the staff report for further review and analysis.
The Planning and Zoning Board considered this matter at a public
hearing on December 16, 1996, and voted 6 to 0 to recommend
approval based upon positive findings with respect to policies of
the Comprehensive Plan, and Chapter 3 (Performance Standards) and
Section 2.4.5(D) (5) of the Land Development Regulations.
Recommend approval of Ordinance No. 1-97 on first reading. If
passed, a quasi-judicial/public hearing will be scheduled for
January 21, 1997.
ref:agmemo6
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZJ])IRF.~TOR
AND ZONING
FROM: J/F~I~Y A. COSTELLO
~ENIOI:t PLANNER
SUBJECT: MEETING OF JANUARY 7, 1997
REZONING FROM GC (GENERAL COMMERCIAL) TO AC
(AUTOMOTIVE COMMERCIAL.) FOR PROPERTY LOCATED ON
THE EAST SIDE OF NORTH FEDERAL HIGHWAY.
APPROXIMATELY 1.500 FEET NORTH OF ALLEN AVENUE.
JUST NORTH OF BORTON VOLVO.
The action requested of the City Commission is that of approval on
first reading of an ordinance rezoning a 2.55 acre parcel of land
from GC (General Commercial) to AC (Automotive Commercial) for
Borton Volkswagen.
The subject property is located on the east side of North Federal
Highway, approximately 1,500 feet north of Allen Avenue, just north
of Borton Volvo.
The proposal inc. orporates Lots 39 and 40, Delray Beach Estates, and contains
2.55 acres. The subject property is partially developed with a mixed commercial
and residential structure, and billboard on Lot 40 (south half of the property),
with Lot 39 currently vacant. Both properties were developed while under Palm
Beach County jurisdiction. The rezoning from GC to AC will allow the demolition
of the existing structure and construction of a new full service automobile
dealership for Borton Volkswagen. Additional background and an analysis of the
request is found in the attached Planning and Zoning Board Staff Report.
City Commission Documentation
Meeting of January 7, 1997
Rezoning from GC to AC for Borton Volkswagen
Page 2
At its meeting of December 16, 1996, the Planning and Zoning Board held a
public hearing in conjunction with review of the rezoning. There was public
testimony in support of the request. After reviewing the staff report, the Board
voted 6-0 (Carbone absent) to recommend that the rezoning request be
approved, based upon positive findings with respect to policies of the
Comprehensive Plan, and Chapter 3 (Performance Standards) and Section
2.4.5(D)(5) of the Land Development Regulations.
By motion, approve on first reading the ordinance for the rezoning from GC
(General Commercial) to AC (Automotive Commercial) based upon positive
findings with respect to the policies of the Comprehensive Plan, and Chapter 3
(Performance Standards) and Section 2.4.5(D)(5) of the Land Development
Regulations, setting a public hearing date of January 21, 1997.
Attachments:
P & Z Staff Report and Documentation of December 16, 1996
[] Ordinance by Others
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: December 16, 1996
AGENDA ITEM: V.C.
ITEM: Rezoning from GC (General Commercial) to AC (Automotive
Commercial) for a parcel of land I(~cated on the east side of North
Federal Highway, immediately north of the Borton Volvo
Dealership.
GENERAL DATA:
Owner ..................................... Gerald Solomon
Applicant ................... ~ ............. Kjell Bergh & Loren Sheffer
Borton Motors, Inc.
Location .................................. East side of North Federal
Highway, approximately 1,500 ft.
north of Allen Avenue, immediately
north of the Borton Volvo
dealership.
Property Size .......................... 2.55 Acres
Land Use Map Designation .... General Commercial
Existing City Zoning ................ GC (General Commercial)
Proposed City Zoning ............. AC (Automotive Commercial)
Adjacent Zoning ............ North: GC
East: Town of Gulf Stream - RS (Single
Family Residential)
South: AC
West: GC
Existing Land Use .................. Primarily vacant land with a mixed
commercial and residential
structure on the south side of the
property, and a billboard at the
southwest comer of the property.
Proposed Land Use ................ Demolition of the existing structure
and construction of a new
showroom and write-up area for
Borton Volkswagen.
Water Service ......................... Available via a service lateral
connection to an existing 12" main
along the east side of Federal
Highway.-
Sewer Service ......................... Available via a service lateral
connection to an existing 10' main
along the east side of Federal
Highway.
MoO.
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 Borton
Volkswagen, pursuant to LDR Section 2.4.5(D).
The subject property is located on the east side of North Federal
Highway, approximately 1,500 feet north of Allen Avenue, just north
of Borton Volvo.
The proposal incorporates Lots 39 and 40, Delray Beach Estates, and contains
2.55 acres. The subject property is partially developed with a mixed commercial
and residential structure, and billboard on Lot 40 (south half of the property),
with Lot 39 currently vacant. Both properties were developed while under Palm
Beach County jurisdiction.
In 1981, the owners of Lot 39 entered into a water service agreement with the
City, which stated that the owner agreed to voluntarily annex when the property
became contiguous to the City. Subsequently, on December 14, 1982, the
property was voluntarily annexed into the City with the GC (General Commercial)
zoning designation (via Ord. No. 94-82). The property contained a 1,408 sq.ft.
commercial building constructed in 1961 which contained 3 businesses: Ceramic
Cottage, Lucille's Antiques, and Hildegarde's Consignment. The structure was
last occupied in 1988 by a maintenance business, and was demolished in 1990.
On March 22, 1994, Lot 40 was annexed into the City pursuant to ELMS III
legislation [F.S. 171.046(2)(a)] with the GC zoning designation (via Ord. No. 17-
94). The property contains a 1,016 sq.ft, mixed commercial and residential
structure which was constructed in 1961. The commercial aspect was occupied
by Frantiques, an antique store, which vacated the structure in 1995.
The proposal is to change the zoning designation of the property from GC
(General Commercial) to AC (Automotive Commercial). The property contains a
1,016 sq.ft, mixed commercial and residential structure. The rezoning to AC will
allow the demolition of the existing structure and construction of a new full
service automobile dealership for Borton Volkswagen.
P & Z Board Staff Report
Rezoning from GC to AC for Borton Volkswagen
Page 2
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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 GC (General Commercial). The proposed AC
(Automotive Commercial) zoning is consistent with the General Commercial land
use designation. Pursuant to the LDR Section 4.4.13(B)(1), within the AC zone
district, the proposed full service automobile dealership is allowed as a permitted
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.
Water & Sewer:
Q Water service can be easily accommodated via a service lateral
connection to the existing 12" water main along the east side of Federal
Highway. Adequate fire suppression is provided via an existing fire
hydrant at the southwest corner of the site.
Sewer service is available via a service lateral connection to the existing
10" main along the east side of Federal 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.
P & Z Board Staff Report
Rezoning from GC to AC for Borton Volkswagen
Page 3
Drainage:
With a rezoning request drainage plans are not required. The site is primarily
vacant with an existing structure on the south side of the property. The rezoning
will not negatively impact this existing situation. The proposal involves
demolition of the existing structure and construction of a full service automotive
dealership. With a site plan submittal, drainage plans will be required. 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 submittal of a site plan
application, a full traffic impact study must be submitted. 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 pact 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 objectives and policies are noted.
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
P & Z Board Staff Report
Rezoning from GC to AC for 13orton Volkswagen
Page 4
suits the community's future development, the following shall be adhered
to:
Auto related uses shall not be permitted in the CBD Zone District or
within the geographic area along Federal Highway which extends
four blocks north and three blocks south of Atlantic Avenue.
Automobile dealerships may locate and/or expand west of Federal
Highway, or between the one-way pair system (except as restricted
above). Automobile dealerships may locate and/or expand east of
Federal Highway, only north of N.E. 6th Street, except within the area
lying east of Federal Highway north of N.E. 8th Street, or parcels
fronting on N.E. 8th Street, and south of the north border of the Flea
Market property. Within such excluded area, automobile dealerships
may not locate or expand. New dealerships shall not locate nor shall
existing dealerships expand south of N.E. 6th Street provided
however, that automobile dealerships south of N.E. 6th Street may
expand onto adjacent property which is currently in an auto related
use and which is zoned to allow such use.
Auto related uses which involve the servicing and repair of vehicles,
other than as a 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 full
service automobile dealership. The development proposal is consistent with this
Policy as the subject property is located east of Federal Highway north of the
north boundary of the Delray Flea Market. Thus, the proposal is not within a
restrictive geographical area identified above.
Future Land Use Element Policy C-1.6 - (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, and stabilize
and preserve residential neighborhoods through new development,
redevelopment and the elimination of blight.
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 above policy is nearing completion. This proposal
will fulfill all the objectives referenced above. In addition, the draft plan indicates
that a new or expanded dealership in this area is appropriate.
P & Z Board Staff Report
Rezoning from GC to AC for Borton Volkswagen
Page 5
The proposal will provide 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. The proposed development will assist in the
stabilization of the existing neighborhood to the south 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 November 14, 1996.
Traffic Element Table T-4
Pursuant to the .County's Thoroughfare Map and Traffic Element Table T-4 of the
City's Comprehensive Plan, the ultimate right-of-way width for this section of
Federal Highway is 120 feet, and currently only 100' is provided. Thus, with the
site plan submittal, a right-of-way dedication of 10' must be provided from the
subject property.
Future Land Use Element Ob_iective A-1. - Vacant .property shall be
developed in a manner so that the future use and intensity is appropriate in
terms of soil, topographic, and other applicable physical conditions, is
complementary to adjacent land uses, and fulfills remaining land use
needs.
The property has been disturbed and is partially developed. The existing
structures will be demolished and a new automobile dealership constructed. The
proposal fulfills the needs identified as part of the North Federal Highway
improvement program. The proposed zoning of Automotive Commercial and its
potential uses will be complementary to the surrounding commercial
developments and can be developed in a manner that will be compatible with the
residences to the east. This policy will be further addressed at the time of site
and development plan review.
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 2.55 acres and is to be developed as a full service
automobile dealership.
P & Z Board Staff Report
Rezoning from GC to AC for Borton Volkswagen
Page 6
(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 subject property is bordered by the following: to the north and west
are zoned GC (General Commercial); to the south is zoned AC
(Automotive Commercial); and, to the east is zoned Town of Gulf Stream
RS (Residential Single Family). The surrounding land uses are as
follows: to the north is retail (The Antique Market Place); south is Borton
Volvo, a full service automobile dealership; to the east are two single
family homes associated with the Place Au Soleil subdivision in the town
of Gulf Stream; and to the west, across Federal Highway, is Top Line
Auto Sales and a parking lot associated with Badcock's Economy
Furniture.
Compatibility with the adjacent properties is not a concern as the property
is bordered on the north, south and east by commercial uses. With regard
to the residences to the east, there is an existing 6' high concrete fence
along the east side of the property. Further, sufficient regulations
currently exist i.e. increased building setbacks and buffering, to mitigate
any potential adverse impacts of the commercial uses [ref. LDR Sections
4.6.4(A) and 4.4.10(G)(4)(a)]. These regulations include trees every 25
feet with a continuous hedge or 6~ high masonry wall adjacent to the
residences. Compatibility will be further addressed at the time of site and
development plan review.
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;
b. That there has been a change in circumstances which make the
current zoning inappr(Jpriate;
c. 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.
P & Z Board Staff Report
Rezoning from GC to AC for Borton Volkswagen
Page 7
The applicant has submitted a justification statement which states the following:
"The reason for which the rezoning is being sought is based upon Item
"c': The property abuts an AC zoned property to the south which contains
the Borton Volvo and Volkswagen dealership. The rezoning will allow the
relocation of the Volkswagen operation and redevelopment of a property
that is currently an eye sore to. the surrounding properties."
Comment: The basis for which the rezoning is being sought most closely relates
to Item "c". The proposed zoning is similar in intensity as allowed under the
General Commercial Future Land Use Map designation. 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.
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.
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 an auto sales dealership, the above code section
is applicable. The property has 200 feet of frontage and width, 555.84 feet of
depth (average), and 2.55 acres, thus exceeding the minimum site dimensions
and area of the AC zone district.
In addition to the above, the AC zone district has special requirements regarding
outdoor display areas, lighting, use and operating restrictions, bullpen parking
areas, and location of service areas as they relate to residential property. Future
development of the site must comply with these requirements.
Billboard
There is an existing billboard located at the southwest comer of the property.
Pursuant to the City's sign regulations (LDR Section 4.6.7), billboards are
nonconforming signs and could be 'removed at the City's request. However,
pursuant to the Florida State Statutes Section 479.15(2), along federally funded
P & Z Board Staff Report
Rezoning from GC to AC for Borton Volkswagen
Page 8
interstate and primary highways, removal of nonconforming billboards require the
payment of just compensation. As Federal Highway is a federal-aid primary
highway, the City would have to pay just compensation for the sign located on
the subject property.
It is anticipated' that with development of the property, the billboard will be
removed as it will obstruct the view of displayed vehicles. The billboard
compounds the negative visual impacts along North Federal Highway. No
information has been provided regarding the legal aspects of the lease. Staff will
work with the property owner in order to obtain compliance.
Special Landscape Setback
Any development of the property will require the installation of a 25' landscape
setback along Federal Highway per LDR Section 4.3.4(H)(6)(b).
The subject property is 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 November 14, 1996, the CRA reviewed and recommended
approval of the r~zoning request.
Adjacent Municipalities
Notice of the rezoning has been provided to the City of Boynton Beach and 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:
I~1 La Hacienda Homeowners.Association
I~ North Federal Highway Task Team
r~ Seacrest Homeowners Association
r~ North Palm Trail Homeowners Association
Public Notice:
Formal public notice has been provided to property owners within a 500' radius
of the subject property. Two letters of support have been submitted and are
P & Z Board Staff Report
Rezoning from GC to AC for Borton Volkswagen
Page 9
attached. Additional letters of support and objection, if any, will be presented at
the Planning and Zoning Board meeting.
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 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. The
proposed rezoning will enable positive findings to be made with 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 which will allow the
proposed full service automobile dealership as a permitted use under the AC
zoning district.
A. Continue with direction.
B. Recommend approval of the rezoning request from GC to AC for Borton
Volkswagen, 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).
C. Recommend denial of the rezoning request from GC to AC for Borton
Volkswagen, 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.
Recommend to the Cit7 Commission.approval of the rezoning from GC to ~C for
Borton Volkswagen, 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:
I~i Letters of Support
r-i Location/Zoning Map
E:! Boundary Survey
This Staff Report was prepared by: Jeff Costello, Senior Planner
Granet, Wachtel, & Sussman
500 N.E. Kay Terrace
Boca Raton, Fl. orida 33432
December 12, 1996
Attention: Director of Plarming and Zoning Diane Dominguez
Dear Diane:
On behalf of the owners of the property on Lot 36, Delray Beach
Estates, located just three lots Nor/h of the property proposed to
be rezoned by Borton Motors, Inc.:Borton Volkswagon, I wish to
express our support of the rezoning. We believe that it will be a
quality development and an asset to the neighborhood.
Sincerely,
Lenore E. Wachtel
Owner/Manager
Herbert L. Wachtel M.D. & Angelo V. Pace M.D.
909 N.B. 9th Avenue
Delray Beach, Florida 33483
December 12~ 1996
Attention: Director of Planning and Zoning Diane
Dominguez
Dear Diane:
As the owners' of a Medical Building in the area ora
proposed rezoning for Borton Motors, Inc.-Borton
¥olkswagon, we wish to express our support of the
rezoniag. We believe that the area is in need of more quality
development and that this will be an asset to the area.
Sincerely,
Angelo V:' Pfi~re
LEGAL VERIFICATION FORM
FILE #: 967-020
PROJECT NAME: BORTON VOLKSWAGEN
LEGAL DESCRIPTION:
Lots 39 and 40, Delray Beach Estates, according to the Plat thereof, as
recorded in Plat Book 21, Page 13 of the Public Records of Palm Beach
County, Florida.
SOURCE of Legal Description: Survey (copy attached)
VERIFIED BY: DATE:
VERIFICATION REQUEST NEEDED BY: DECEMBER 10, 1996
LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO
SECOND READING:
VERIFICATION REQUEST NEEDED BY!
LEGVOLKS