01-96 ORDINANCE NO. 1-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4 · 9,
"GENERAL COMMERCIAL (GC) DISTRICT" , SUBSECTION
4.4.9(D), "CONDITIONAL USES AND STRUCTURES ALLOWED",
OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, BY ADDING THE SALE AND SERVICE OF ALL
TERRAIN VEHICLES AND PERSONAL WATERCRAFT
(WAVERUNNERS , JET SKIS ) AS A CONDITIONAL USE;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
WHEREAS, pursuant to LDR Section 1. !. 6, the Planning and
Zoning Board reviewed the subject matter at its meeting of December
19, 1995, and voted 4 to 0 to forward the change with a recommendation
of approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with and furthers the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.9, "General Commercial (GC)
District", Subsection 4.4.9 (D), "Conditional Uses and Structures
Allowed", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
(D) Conditional Uses an~ Structures Allowed: The following
are allowed as conditional uses within the GC District, except as
prohibited in the West Atlantic Avenue Overlay District by Section
4.4.9(G) (1) (a): '
(1) Adult entertainment establishments
('2) Alcohol and drug abuse treatment facilities
(3) Amusement game facilities limited to such uses as
pinball, air hockey, electronic games, and other similar coin operated
games when an attendant is on duty
(4) Wash establishments or facilities for vehicles
(5) Child care and adult day care
(6) Clubs and lodges; social, fraternal, and
recreational
(7) Communication and transmission facilities
(8) Drive-in theaters
(9) Flea markets, bazaars, merchandise marts, and
similar retail uses
(10) Funeral homes
(11) Gasoline stations or the dispensing of gasoline
directly into vehicles
(12) Hotels and motels
(13) Free-standing multiple family housing subject to
the requirements of the RM District except for setback and height
requirements which shall be pursuant to this section
(14) Recreational establishments such as bowling
alleys, gymnasiums, health spas, miniature golf courses, skating rinks
(15~ Sales and service of Ail Terrain Vehicles and
personal watercraft (waverunners. jet skis,, with no outside display,
outside storage or outside service
(16~ ~ Vehicle care limited to the changing of oil and
filters, and lubrication with no mechanical work or outside storage of
vehicles except as a part of a gasoline station
(17~ f~ Veterinary clinics
~ That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3 That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or wo~d 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.
- 2 - Ord. No. 1-96
~ 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 23rd day of Januar' 1996.
ATTEST:
First Reading January 9r 1996
Second Reading January 23~ 1996
- 3 - Ord. No. 1-96
With regard to the request of Turner Outdoor Equipment for an
exception to the code, namely - adding the sale of ~u~tt service of
all terrain vehicles and personal watercraft (waverunners, jet
skis) as a conditional use in the General Commercial zone.
I object strenuously to this bending of the code, which is in
place to protect the rights of the public.
Firstly, when one repairs and/or services a vehicle, it is taken
out and run, to see if it has been properly serviced, or if
something has been overlooked. Don't tell me they will not do
a checkup on their repairs or services. No restrictions or limit
has been mentioned on what hours these vehicles will be sold.
Will they be open on Sunday, or five days a week or seven? What
time will they close? When the season is in full swing, will
they be open 24 hours a day, or seven days a week?
If I have a barbecue on a Sunday afternoon, will I be driven
out of my patio, pool area by the roar of these hill-climbing
dune buggy type vehicles being demonstrated, or overcome by the
odor of over-heated motors, vapors wafting my way, and have to
escape to the nearest restaurant with my guests?
We already have inflicted on us the parcel adjacent to this one
with it's biker parties sporting screaming country-rock you can
here on the oceanside, on a Sunday or Saturday afternoon. When
we have complained, we are told they have special permits. Stop
giving out the permits. Don't give this applicant a conditional
use for something that he cannot now do, and which would deprive
me the use of my property and cause me and my neighbors much
discomfort.
The undersigned all join with me in asking that you deny the
Turner Zoning amendment request cited above. The families listed
below would all be affected by such action.
Respectfully yours, (~ ~~ -~~/f~-' 800 Canary Walk,Delray
III
GULF STREAM BOULEVARD
LANE
REAM
TANGERINE WAY
BOR TON
VOL VO
M.S.A. TRACT
DELRA Y
SWAP SHOP
N
~ TURNER OUTDOOR EQUIPMENT
Pt.~NNING
, OTY OIr O~AY EACH.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~l
SECON EARI G & SECON READIN ORDINANCE NO.
1-96 (ALL TERRAIN VEHICLES AND PERSONAL WATERCRAFT)
DATE: JANUARY 12, 1996
This is second reading and the second of two required public
hearings for Ordinance No. 1-96 which amends Section 4.4.9(D) of
the Land Development Regulations by adding "Sales and service of
All Terrain Vehicles and personal watercraft (waverunners, jet
skis), with no outside display, outside storage or outside service"
as a conditional use in the General Commercial zoning district.
The proposed text amendment is the result of a request from the
owner of Turner Outdoor Equipment as part of an expansion plan for
his current lawn mower sales and service operation on North Federal
Highway. The sale and service of all terrain vehicles (ATV) and
personal watercraft are currently allowed only in the Automotive
Commercial zoning district, and have been lumped under the
categories of sale, lease and rental of recreation vehicles and
sale, lease and rental of boats. An argument can be made that
ATVs and personal watercraft differ from RVs and boats as they are
smaller and do not require large areas for outside display and
storage.
The Planning and Zoning Board discussed the request at the November
13th workshop meeting, and voted to initiate an LDR amendment which
would allow these uses as a conditional use in the General
Commercial district, subject to no outside display, storage or
service. In considering the amendment at public hearing on
December 19, 1995, the Board voted 4 to 0 to recommend that the
text change be approved. At first reading on January 9, 1996, the
Commission passed the ordinance by a vote of 4 to 0.
Recommend approval of Ordinance No. 1-96 on second and final
reading.
ref:agmemo6
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM ~ /0°D' - MEETING OF JANUARY 9. ~1996
FIRST PUBLIC HEARING & FIRST READING FOR ORDINANCE NO.
1-96 (ALL TERRAIN VEHICLES AND PERSONAL WATERCRAFT)
DATE: JANUARY 3, 1996
This is first reading and the first of two required public hearings
for Ordinance No. 1-96 which amends Section 4.4.9(D) of the Land
Development Regulations by adding "Sales and service of All Terrain
Vehicles and personal watercraft (waverunners, jet skis), with no
outside display, outside storage or outside service" as a
conditional use in the General Commercial zoning district.
The proposed text amendment is the result of a request from the
owner of Turner Outdoor Equipment as part of an expansion plan for
his current lawn mower sales and service operation on North Federal
Highway. The sale and service of all terrain vehicles (ATV) and
personal watercraft are currently allowed only in the Automotive
Commercial zoning district, and have been lumped under the
categories of sale, lease and rental of recreation vehicles and
sale, lease and rental of boats. An argument can be made that
ATVs and personal watercraft differ from RVs and boats as they are
smaller and do not require large areas for outside display and
storage.
The Planning and Zoning Board discussed the request at the November
13th workshop meeting, and voted to initiate an LDR amendment which
would allow these uses as a conditional use in the General
Commercial district, subject to no outside display, storage or
service. In considering the amendment at public hearing on
December 19, 1995, the Board voted 4 to 0 to recommend that the
text change be approved.
Recommend approval of Ordinance No. 1-96 on first reading. If
passed, a second public hearing will be scheduled for January 23,
1996.
Is
ref :agmemo6 ~ ~ (~
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
DEPARTMENT OF PLANNIN"G AND ZONING
FROM: PAUL DORLING, PRINCIPAL PLANNER
SUBJECT: MEETING OF JANUARY 9, 1996
APPROVAL ON FIRST READING OF AN ORDINANCE
AMENDING LDR SECTION 4.4.9 (D) ADDING SALES AND
SERVICE OF ALL TERRAIN VEHICLES, AND PERSONAL
WATERCRAFT (WAVERUNNERS, JET SKIS ) AS A
CONDITIONAL USE WITHIN THE GENERAL COMMERCIAL
ZONING DISTRICT.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval on first reading
of an ordinance amending Section 4.4.9 (D) of the Land Development
Regulations (Conditional Uses in the General Commercial District) to add
personal watercraft and all terrain vehicles as conditional uses.
BACKGROUND:
The owner of Turner Outdoor Equipment initiated the request as part of an
expansion plan for his current lawn mower sales and service operation on North
Federal Highway. During discussions with the Planning and Zoning Board the
applicant presented arguments that All Terrain Vehicles (ATVs) are similar to
lawn mower sales and are utilized as work vehicles for gardening and lawn care.
The personal watercraft are similar to other retail items allowed for sale in the
GC (General Commercial) zone district.
ANALYSIS:
The sale and service of both All Terrain Vehicles and personal watercraft are
currently only allowed in the AC (Auto Commercial) zone district as permitted
uses. These subject uses have been lumped under the categories of sale,
lease, and rental of recreation vehicles and sale, lease and rental of boats. An
argument can be made that All Terrain Vehicles and personal watercraft differ
from Recreational Vehicles (RVs) and boats as they are smaller and do not
require large areas for outside display and storage.
In considering whether or not to allow these uses within the General
Commercial zone district concerns with respect to location of display, storage
and service areas must be addressed. Under Section 4.6.6 all uses within a
commercial zone are to be conducted in a completely enclosed building.
However, an outside display component is normally allowed and is limited to a
maximum of 10% of the building square footage [Section 4.6.6 (C)(3)(b)]. It is
recommended that with this particular conditional use all outside display and
outside storage be prohibited.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board discussed the request at their November 13,
1995 workshop meeting at which time they recommended that a text change be
initiated that would allow the new uses as conditional use verses permitted
uses. The Planning and Zoning Board considered the LDR text change at their
December 19, 1995 meeting. No one from the public spoke on this item and the
Board unanimously (4-0) recommended approval.
RECOMMENDED ACTION:
By motion, approve on first reading an amendment to LDR Section 4.4.9 (D) to
add the sale and service of All Terrain Vehicles and personal watercraft (i.e.
Waverunners, Jet skis) as a Conditional Use.
Attachments
* Proposed LDR amendment
(D) Conditional Uses and Structures Allowed: The following uses
are allowed as conditional uses within the GC District pursuant to the provisions
of 2.4.5(E):
(1) Adult Entertainment Establishments; [Amd. Ord. 55-90
11/13190]
(2) Alcohol and Drug Abuse Treatment Facilities;
(3) Amusement game facilities limited to such uses as pinball, air
hockey, electronic games, and other similar coin operated games when an
attendant is on duty;
(4) Wash establishments or facilities for vehicles;
(5) Child Care and Adult Day Care;
(6) Clubs and Lodges; social, fraternal, and recreational;
(7) Communication and transmission facilities;
(8) Drive-in Theaters;
(9) Flea Markets, bazaars, merchandise marts, and similar retail
uses; [Amd. Ord. 51-92 10/27/92]
(10) Funeral Homes;
(11) Gasoline Stations or the dispensing of gasoline directly into
vehicles;
(12) Hotels and Motels
(13) Free-standing multiple-family housing subject to the require-
ments of the RM District except for setback and height requirements which shall
be pursuant to this Section;
(14) Recreational establishments such as bowling alleys, gym-
nasiums, health spas, miniature golf courses, skating rinks;
(15) Sales and service of All Terrain Vehicles and personal
watercraft ( i,e. Waverunners, Jet Skis) with no outside display, outside storage
or outside service.
(!5) (16) Vehicle care limited to the changing of oil and filters, and
lubrication with no mechanical work or outside storage of vehicles except as a
part of a gasoline station;
,~4~.,,, (17) Veterinary Clinics. [Amd. Ord. 14-91 02/26/9'1]
GITY OF I)B,I Y rcllOll
IIOTiOE OF f, OII)ITBIIJIL IJiE Ofl/ll E WITiill
THE GO I:;OM L) DBTIIIGT
ORDINANCE NO. 1-96
The City of Delray Beach proposes to change the list of
conditional uses allowed within the GC (General Commemial)
zoning district by adopting the following ordinance:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 4.4.9, "GENERAL COMMERCIAL (GC)
DISTRICT", SUBSECTION 4.4.9 (D), "CONDITIONAL
USES AND STRUCTURES ALLOWED", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, BY ADDING THE SALE AND
SERVICE OF ALL TERRAIN VEHICLES AND
PERSONAL. WATERCRAFT (WAVERUNNERS, JET
SKIS) AS A CONDITIONAL USE; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE
AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for
tjX? purpose of accepting public testimony regarding the
Iposed ordinance. The first Public Hearing will be held on
I~ESDAY. JANUARY 9, 1996, AT 7:00 P.M. (or at any
continuation of such meeting which is set by the Commission),
in the Commission Chambers at City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida. If passed on First Reading, a
second Public Hearing will be held on TUESDAY. JANUARY
23. 1996. AT 7:00 P.M. (or at an, y continuation of such meeting
which is set by the Commission).
All interested citizens are invited to attend th~ public hearings
and comment upon the proposed ordinance or submit their
comments in writing on or before the date of these hearings to
the Planning and Zoning Department. For further information
or to obtain a copy of the proposed ordinance, please contact
the Planning and Zoning Department, City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida 33444 (Phone 407-243-7040),
between the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday, excluding Holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO
APPEAL ANY DECISION MADE BY THE CITY COMMISSION
WITH RESPECT TO ANY MATTER CONSIDERED AT THESE
HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT
A VERBATIM RECORD OF THE PROCEEDINGS IS MADE,
WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
THE CITY DOES NOT PROVIDE NOR PREPARE SUCH
RECORD. PURSUANT TO ES. 286.0105
CITY OF DELRAY BEACH
Alison MacGregor Harty
City Clerk
PUBLISH: January 2 & 17, 1996
The News
Boca Raton/Delray Beach
Ad #706203
CITY OF DBRAY BEACH
NOTICE OF CONDITIONAL USE CHANGE WlTIBi
THE GC (OWBIAL COIgVBClAL) ZlNWtlG IXSTRICT
ORDINANCE NO. 1-96
The City of Delray Beach proposes to change the list of
conditional uses allowed within the GC (General Commercial)
zoning district by adopting the following ordinance:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 4.4.9, "GENERAL COMMERCIAL (GC)
DISTRICT", SUBSECTION 4.4.9 (D), "CONDITIONAL
USES AND STRUCTURES ALLOWED", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, BY ADDING THE SALE AND
SERVICE OF ALL TERRAIN VEHICLES AND
PERSONAL WATERCRAFT (WAVERUNNERS, JET
SKIS) AS A CONDITIONAL USE; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE
AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for
the purpose of accepting public testimony regarding the
proposed ordinance. The first Public Hearing will be held on
TUESDAY. JANUARY 9; 1996, AT 7:00 P.M. (or at any
continuation of such meeting which is set by the Commission),
in the Commission Chambers at City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida. If passed on First Reading, a
second Public Hearing will be held on TUESDAY. JANUARY
23, 1996. AT 7:00 P.M. (or at any continuation of such meeting
which is set by the Commission).
All interested citizens are invited to attend the public hearings
and comment upon the proposed ordinance or submit their
comments in writing on or before the date of these hearings to
the Planning and Zoning Department. For further information
or to obtain a copy of the proposed ordinance, please contact
the Planning and Zoning Department, City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida 33444 (Phone 407-243-7040),
between the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday, excluding Holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO
APPEAL ANY DECISION MADE BY THE CITY COMMISSION
WITH RESPECT TO ANY MATTER CONSIDERED AT THESE
HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT
A VERBATIM RECORD OF THE PROCEEDINGS IS MADE,
WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
THE CITY DOES NOT PROVIDE NOR PREPARE SUCH
RECORD. PURSUANT TO F.S. 286.0105
CITY OF DELRAY BEACH
Alison MacGregor Harty
City Clerk
PUBLISH: January 2 & 17, 1996
The News
Boca Raton/Delray Beach
Ad #706203
CITY OF DELRAY BEACH
NOTICE OF CONDITIONAL USE CHANGE
WITHIN THE GC (GENERAL COMMERCIAL) ZONING DISTRICT
ORDINANCE NO. 1-96
The City of Delray Beach proposes to change the list of conditional
uses allowed within the GC (General Commercial) zoning district by
adopting the following ordinance:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT",
SUBSECTION 4.4.9(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", OF
THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY
ADDING THE SALE AND SERVICE OF ALL TERRAIN VEHICLES AND PERSONAL
WATERCRAFT (WAVERUNNERS, JET SKIS) AS A CONDITIONAL USE; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the
purpose of accepting public testimony regarding the proposed
ordinance. The first Public Hearing will be held on TUESDAY.
JANUARY 9, 1996, AT 7;00 P,M, (or at any continuation of such
meeting which is set by the Commission), in the Commission Chambers
at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If passed
on First Reading, a second Public Hearing will be held on TUESDAY.
JANUARY 23. 1996. AT 7:00 P.M.. (or at any continuation of such
meeting which is set by the Commission).
All interested citizens are invited to attend the public hearings
and comment upon the proposed ordinance or submit their comments in
writing on or before the date of these hearings to the Planning and
Zoning Department. For further information or to obtain a copy of
the proposed ordinance, please contact the Planning and Zoning
Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida
33444 (Phone 407/243-7040), between the hours of 8:00 a.m. and 5:00
p.m., Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION
MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT
THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE
CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S.
286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
January 2, 1996 Alison MacGregor Harty
January 17, 1996 City Clerk
********************************************************************
Instructions to Newspaper: This ad is not to be placed in the legal
ads/classified section of the newspaper. The ad must be at least
two standard columns wide and ten inches long. The entire headline
[CITY OF DELRAY BEACH NOTICE OF CONDITIONAL USE CHANGE WITHIN THE
GC (GENERAL COMMERCIAL) ZONING DISTRICT ORDINANCE NO. 1-96] must be
an 18 point bold headline. Thank you.