02-96 ORDINANCE NO. 2-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL) DISTRICT
IN THE SAD (SPECIAL ACTIVITIES DISTRICT); SAID LAND
BEING COMMONLY KNOWN AS THE MILLER DODGE PROPERTY
LOCATED AT 1900 NORTH FEDERAL HIGHWAY, AS MORE
PARTICULARLY DESCRIBED HEREIN; ESTABLISHING THE USES
ALLOWED FOR THE SUBJECT PROPERTY UNDER THE SAD
ZONING; GRANTING SITE PLAN APPROVAL WITH CERTAIN
CONDITIONS; PROVIDING FOR AN EXPIRATION DATE OF THE
SPECIAL ACTIVITIES DISTRICT ZONING CLASSIFICATION;
AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA,
1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 2.4.5(D), the Planning and
Zoning Board reviewed the subject matter at public hearing on December
19, 1995, and voted 4 to 0 to recommend that the request be approved,
subject to conditions; 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:
~ That the following described property in the
City of Delray Beach, Florida, is hereby zoned and established in the
SAD (Special Activities District) as defined in Section 4.4.25 of the
Land Development Regulations of the City of Delray Beach, to-wit:
Begin at the intersection of the North line of Lot 38
of Model Land Company Subdivision of Section 9,
Township 46 South, Range 43 East, and the East
right-of-way line of Old Dixie Highway, said point of
intersection being 30 feet Easterly, measured at
right angles, from the East 50 foot right-of-way line
of the Florida East Coast Railroad, being the POINT
OF BEGINNING; thence Southerly, along the East
right-of-way line of Old Dixie Highway, a distance of
326.61 feet; thence in an Easterly direction and
parallel to the South line of Lot 38, a distance of
231.05 feet, more or less, to the West right-of-way
line of U.S. Highway #1 (State Road #5); thence in a
Northerly direction, along said West right-of-way
line, a distance of 327.16 feet, more or less, to the
said North line of Lot 38; thence in a Westerly
direction along the North line of said Lot 38, a
distance of 231.20 feet, more or less, to the POINT
OF BEGINNING; said tract being in Palm Beach County,
Florida.
The subject property is located at 1900 North Federal
Highway; containing 1.72 acres, more or less.
~_~ That the uses allowed for the subject property
described in Section 1, above, pursuant to Section 4.4.25(B) of the
Land Development Regulations of the City of Delray Beach, Florida,
shall be as follows:
(1) All uses listed as Principal, Conditional, or
Accessory Uses within the GC (General
Commercial) zoning district regulations;
(2) Ail uses listed as Principal, Conditional, or
Accessory Uses within the AC (Automotive
Commercial) zoning district regulations, except
that the sale of used vehicles is limited as
follows:
* As an accessory use to an on-site new car
dealership; or
* As a used car dealership specializing in
rare or classic vehicles.
(3) All uses listed as Conditional Uses must be
approved pursuant to LDR Section 2.4.5(E),
"Establishment of Conditional Use".
~ That the development of and improvements to the
subject property described in Section 1, above, shall be as follows:
(1) Within sixty (60) days of adoption of the
ordinance establishing the SAD zoning on the
subject property, all semi-trailers and storage
containers are to be removed from the premises.
(2) Within one hundred twenty (120) days of adoption
of the ordinance establishing the SAD zoning on
the subject property, the following improvements
shall be made:
- 2 - Ord. No. 2-96
* Installation of perimeter landscaping on the
east and west borders of the property as
provided for in the attached plan;
* Upgrades to the existing buildings on site to
include plumbing, electrical, and roofing
repairs, re-stucco and paint the exteriors,
install handicap parking and access, upgrade
all site lighting.
(3) Establishment of a patio furniture showroom, or
the establishment of any use other than accessory
uses to DeeCar Patio, will require the
installation of site improvements in accordance
with an approved site plan which will at a minimum
provide for the installation of parking areas in
accordance with City codes and standards.
(4) Establishment of any Automotive Commercial use is
subject to the minimum dimensions provided in
Section 4.4.10(F)(2), the Supplemental District
Regulations provided in Section 4 4 10(G) and the
Special Regulations provided in Section 4.4.10(H)
of the Land Development Regulations.
(5) Modifications to the approved landscape plan, as
well as all new site plans and future
modifications, shall be approved by the Site Plan
Review and Appearance Board.
~ It is the intent of this ordinance that the SAD
zoning be applied on an interim basis to allow the site to be marketed
for a broader range of uses than is permitted under the AC (Automotive
Commercial) or GC (General Commercial) zoning districts alone.
Therefore, unless an extension is granted by the City Commission, this
ordinance will expire three (3) years after the date of its adoption.
Prior to its expiration, the property owner(s), at their own expense,
are to make application to the City to change the zoning to a standard
classification such as AC (Automotive Commercial) or GC (General
Commercial ).
~ 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 ! hereof.
Ii - 3 - Ord. No. 2-96
Section 6. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
~ 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.
~ 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 January , 1996.
ATTEST:
JCity Cl~rk '
First Reading JaNuary 9, 1996
Second Reading January 23, 1996
!~ - 4 - Ord. No. 2-96
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER&C~I
SUBJECT: AGENDA ITEM ~ /'O./~'- MEETING OF JANUARY 23. 1996
SECOND READING & PUBLIC HEARING FOR ORDINANCE NO. 2-96
(REZONING THE MILLER DODGE PROPERTY ON NORTH FEDERAL
HIGHWAY~
DATE: JANUARY 12, 1996
This is second reading and public hearing (quasi-judicial) for
Ordinance No. 2-96 which rezones the old Miller Dodge property at
1900 North Federal Highway from AC (Automotive Commercial) to SAD
(Special Activities District). As required for SAD zoning, the
ordinance provides for the uses which would be allowed on the site
as well as for certain landscape and site improvements.
In this instance, the SAD zoning is proposed for a specified time
period of three years. The applicants would like to maintain as
much flexibility as possible for the future development of the
property, having it available for retail and commercial purposes as
well as auto related uses. The intent is to have a permanent
tenant established on the property within the three year time
frame, after which an application will be submitted to rezone the
site to the most appropriate standard zoning classification. This
time frame will also allow for the adoption and implementation of
the North Federal Highway redevelopment plan which is intended to
stimulate interest in the corridor.
The Planning and Zoning Board considered this item at public
hearing on December 19, 1995, and voted 4 to 0 to recommend that
the SAD zoning be approved. At first reading on January 9th, the
Commission passed the ordinance by a vote of 4 to 0. At the same
time, Commission approved a waiver to the 15 ft. perimeter setback
requirement on the south side of the property due to encroachment
of existing buildings.
Recommend approval of Ordinance No. 2-96 on second and final
reading, based upon positive findings with respect to Section 3.1.1
(Required Findings), Section 3.3.2 (Standards for Rezoning
Actions), and Section 2.4.5(D)(5)(c) of the Land Development
Regulations, and policies of the Comprehensive Plan.
ref:agmemoll i~~ ~ -~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM # /~ '~'- MEETING OF JANUARY 9. 1996
FIRST READING FOR ORDINANCE NO. 2-96 (REZONING THE MILLER
DODGE PROPERTY ON NORTH FEDERAL HIGHWAY)
DATE: JANUARY 5, 1996
This is first reading for Ordinance No. 2-96 which rezones the old
Miller Dodge property at 1900 North Federal Highway from AC
(Automotive Commercial) to SAD (Special Activities District). As
required for SAD zoning, the ordinance provides for the uses which
would be allowed on the site as well as for certain landscape and
site improvements. It should be noted that a waiver to the 15 ft.
perimeter setback requirement is necessary due to the encroachment
of existing buildings on the south side of the property.
In this instance, the SAD zoning is proposed for a specified time
period of three years. The applicants would like to maintain as
much flexibility as possible for the future development of the
property, having it available for retail and commercial purposes'as
well as auto related uses. The intent is to have a permanent
tenant established on the property within the three year time
frame, after which an application will be submitted to rezone the
site to the most appropriate standard zoning classification. This
time frame will also allow for the adoption and implementation of
the North Federal Highway redevelopment plan which is intended to
stimulate interest in the corridor.
The Planning and Zoning Board considered this item at public
hearing on December 19, 1995, and voted 4 to 0 to recommend that
the SAD zoning be approved.
The recommended action is: (1) approve the waiver to the required
15 ft. perimeter setback for the south property line; and (2)
approve Ordinance No. 2-96 on first reading, based upon positive
findings with respect to Section 3.1.1 (Required Findings), Section
3.3.2 (Standards for Rezoning Actions), and Section 2.4.5(D)(5)(c)
of the Land Development Regulations, and policies of the
Comprehensive Plan.
ref: agmemol 1
CITY COMMISSION DOCUMENTATION
TO: D~VID T. HARDEN, CITY MANAGER
DEPARTMENT OF PLA'NNIN~AND ZONING
SUBJECT: MEETING OF JANUARY 9, 1995
CHANGE OF ZONING FROM AC (AUTOMOTIVE COMMERCIAL)
TO SAD (SPECIAL ACTIVITIES DISTRICT) FOR THE MILLER DODGE
PROPERTY ON NORTH FEDERAL HIGHWAY
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of a change of zoning
pursuant to LDR Section 2.4.5(D). The subject property is located at 1900 North
Federal Highway. The requested change is from AC to an SAD designation that
would permit a combination of uses allowed in the AC and GC zoning districts.
BACKGROUND:
The property has been in a vacant and blighted condition since the late 1980's. The
owners of the adjacent property to the north (DeeCar Patio Furniture) have contracted
to buy the site, in order to expand their business onto a portion of it. They intend to
market the remainder of the site to other businesses.
The site is currently zoned AC, and would require a change to GC (General
Commercial) for the patio furniture use. However, the owners also want to maintain the
ability to market the site for potential automotive uses. The proposed SAD would allow
the establishment of uses that are allowed in both the GC and AC zoning districts, with
some modification. It would be applied for a period of three years, at which time the
owners would need to apply for a standard zoning designation such as AC or GC.
A requirement of the SAD would be to make the landscape and site improvements as
indicated on the attached site plan and as described within the ordinance. These
include the installation of landscape buffers along Dixie and Federal Highways, and the
upgrading of the existing buildings. It was noted that a waiver to the 15' perimeter
setback requirement is necessary due to the encroachment of existing buildings on the
south side of the property. The attached ordinance provides a more detailed
description of the uses and development standards that would apply to this SAD.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board Considered this item at its meeting of December 19,
1995. There was no public testimony regarding the rezoning, however, the Board was
notified that several property owners in the North Federal area had phoned the
Planning Department expressing their support for the planned improvements. The
Board voted unanimously (4-0) to recommend approval of the change to SAD, subject
to clarification of language regarding allowable conditional uses.
RECOMMENDED ACTION:
o By motion, approve the waiver to the required 15' perimeter setback for
the south property line.
o By motion, approve the rezoning of the Miller Dodge property from AC to
SAD, based upon positive findings with respect to LDR Section 3.1.1,
Required Findings, Section 3.3.2, Standards for Rezoning Actions, and
Section 2.4.5(D)(5)(c), Valid Reason for Rezoning, and policies of the
Comprehensive Plan.
Attachments:
. P & Z Board Staff Report
· Ordinance by Others
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: December 19, 1995
AGENDA ITEM: V.F.
ITEM: Rezoning from AC (Automotive Commercial) to SAD (Special Activity
District) to accommodate a combination of general commercial and
automotive uses, located on the west side of N. Federal Highway,
approximately 3,000 feet south of Gulfstream Boulevard.
GENERAL DATA:
Owner ................................ Wendell H. Miller
Miller Associates
Agent ................................. Pat Carbone
Dee Car Patio Shops
Location ............................ West side of N. Federal Highway,
approximately 3,000 feet 'sguth of
Gulfstream Boulevard.
Property Size ..................... 1.72 Acres
Future Land Use Map ....... General Commercial
Current Zoning .................. AC (Automotive Commercial)
Proposed Zoning ............... SAD (Special Activity District)
Adjacent Zoning ...... North: GC (General Commercial)
East: RM (Medium Density Residential)
South: GC
West: RM
Existing Land Use ............ Vacant former automobile
dealership.
Proposed Land Use .......... Rezoning from AC (Automotive
Commercial) to SAD (Special
Activity District) to accommodate
a combination of general
commercial automotive uses
Water Service ................... Existing 12" water main in
Federal Highway.
Sewer Service ................... Existing 8" sewer main in Dixie
Highway.
The action before the Board is making a recommendation on a rezoning request
from AC (Automotive Commercial) to SAD (Special Activities District) for the old
Miller Dodge property.
The subject property is located at 1900 North Federal Highway, between North
Federal Highway and Dixie Highway immediately north of the Arrow Trailer Park.
Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make
a recommendation to the City Commission with respect to rezoning of any
property within the City.
The subject property consists of two unplatted parcels bordered on the west by
Dixie Highway and on the east by Federal Highway. Prior to 1985, an
automobile dealership (Miller Dodge) occupied the site, which was located
partially in the City and partially in unicoprporated Palm Beach County. The use
was nonconforming under the City's GC (General Commercial) zoning district.
In early 1985, the unincorporated portion of the propery was annexed into the
City and the entire site was rezoned to SC (Specialized Commercial). In
December of 1988, Miller Dodge vacated the premises, and the buildings have
since remained vacant.
In April of 1991 conditional use approval was granted for the establishment of an
auto repair facility (JBA Motorcars, Inc.). This facility was a full service vehicle
repair operation that would specialize in the modification of foreign cars_Lo meet
U.S. emissions standards. In April of 1992, SPRAB approved a site plan for the
facility, which proposed facade alterations and the installation of a new parking
lot and associated landscaping. The site plan approval was subject to a number
of conditions, two of which (dedication of 10' along Dixie Highway and the
requirement to install Type "D" curbing around landscaped areas) were
appealed to the City Commission by the applicant. The City Commission voted
to deny the appeal. The owner of JBA Motorcars, who had a contract to
purchase the property, proceeded with the renovation of the structures. A
dispute arose with the property owner, and the contract was terminated. The
site was left in a blighted condition, and has remained that way ever since.
P&Z Staff Report
Rezoning from AC to SAD for the Miller Dodge Property
Page 2
The development proposal is to rezone the Miller Dodge property from AC
(Automotive Commercial) to SAD (Special Activities District), for a specified time
period. The property is under contract to the owners to the north, who operate a
patio furniture sales and refinishing operation. They plan to redevelop the site
either by extending their existing building south onto the subject property, or
building a new retail/commercial center. However, their immediate objective is to
expand the refinishing aspects of their existing business into the buildings on the
Miller Dodge property. The property is currently zoned for automotive uses,
including new and used car sales, automotive repair, etc. In order to expand the
patio business onto the site, a rezoning to GC is required. However, as currently
proposed, that business would occupy only a portion of the property. The
remainder of the site will be marketed to other tenants. The applicants would
like to maintain as much flexibility in the future development of the property,
having it available for retail and commercial purposes, as well as auto related
uses. There are no zoning districts that permit that range of uses, therefore, the
SAD zoning is being requested.
As proposed, the SAD will allow all of the uses permitted in both the GC and AC
zoning districts, with certain limitations on the sale of used cars. A sketch plan
accompanies the submission, which provides for the initial improvements that
are to be made to the site. The SAD is proposed as a temporary zoning, until
such time that a permanent tenant is established on the property, for a maximum
of three (3) years. This time frame will also allow for the adoption and
implementation of the North Federal Highway plan, which is intended to
stimulate interest in the corridor. The attached exhibit provides the details of the
proposed SAD ordinance.
I
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 following four areas.
P&Z Staff Report
Rezoning from AC to SAD for the Miller Dodge Property
Page 3
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 current Future Land Use Map designation for the subject property is
General Commercial. The requested zoning change is to an SAD
designation that will allow uses as permitted in the AC and GC zoning
districts, both of which are consistent with the General Commercial Future.
Land Use designation. Based upon the above, positive findings can be
made with respect to this section.
Concurrency: Facilities which are provided by, or through, the City shall
be p[9¥ided 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.
Streets and Traffic:
With all rezoning requests, traffic inforro, ation is required which addresses the
development of the property under reasonable intensity pursuant to the existing
and proposed rezoning. The existing and proposed zonings are of similar
intensity, therefore a potential increase in traffic is not anticipated to result from
the rezoning action itself. Additional traffic information will be required when a
specific development proposal for the property is submitted.
Water/Sewer:
The proposed development will accommodate uses of similar intensity to
currently approved uses and is anticipated to have similar water consumption
and sewer generation rates. Water service is available from an existing 12"
main along Federal Highway; sewer service can be obtained by connecting to an
existing 8" main that runs along Dixie Highway.
Parks and Recreation:
Park dedication requirements apply to residential uses and therefore do not
apply to the existing AC zoning districts or the proposed SAD zoning district.
Solid Waste:
The zoning change is to a category of similar intensity and therefore is
anticipated to create similar solid waste generation. Solid Waste Authority
indicates in its annual report that the established level of service standards for
solid waste will be met for all developments which have been accounted for in
their Comprehensive Plan.
P&Z Staff Report
Rezoning from AC to SAD for the Miller Dodge Property
Page 4
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.
Section 3.3.2 (Standards for Rezonin.q Actions): The applicable
performance standards of Section 3.3.2 and other policies which apply are
as follows:
D) That the rezoning shall result in allowing land uses which are
deemed compatible with adjacent and nearby land uses both
existing and proposed; or that if an incompatibility may occur, that
sufficient regulations exist to properly mitigate adverse impacts
from the new use.
The property is bordered by the following zoning designations and uses:
Direction Zoning Uses
North GC Dee-Car Patio Furniture
West CF and RM Vacant site for future water
. storage tank; duplexes
South GC Arrow Trailer Park
East RM Vacant; approved for townhouses
There are no compatibility concerns noted with the surrounding uses. The
combination GC/AC allowed uses are similar in intensity to other uses_in this
section of North Federal Highway. Rezoning the site to allow for its
redevelopment will enhance adjacent uses.
Section 2.4.5(D}(5} (Rezoninc~ Findinc~s}:
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;
P&Z Staff Report
Rezoning from AC to SAD for the Miller Dodge Property
Page 5
b. That there has been a change in circumstances which make
the current zoning inappropriate;
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.
The applicant submitted a justification statement as a part of the rezoning
application. The statement indicates that the applicable reason is "c". The
justification statement is provided below:
"The applicant is requesting a change in the zoning of this property from
(AC) to (SAD) with (GC) and (AC) designations. This request is of similar
intensity as allowed under the Future Land Use Map and it is more
appropriate for the property based upon circumstances particular to the
site and the neighborhood. The subject parcel has been vacant in excess
of five years and has several deteriorated buildings on it. The requested
zoning would promote redevelopment of. the North Federal Highway
corridor by providing commercial and general retail uses which are .more
compatible with and will directly benefit the surrounding neighborhood.
The current AC zoning given the size of the parcel is too limiting to allow
for development of the parcel."
The existing AC zoning allows for a wide range of automotive related uses,
including sales, rental and repair. The added uses that will be allowed through
the application of the SAD will include retail, service, and office type uses. All of
these uses are typical of others in this corridor, and are appropriate given the
General Commercial land use designation and the surrounding uses. The
reason for providing this level of flexibility is to encourage the redevelopment of
an extremely blighted site.
A review of the objectives and policies of the adopted Comprehensive Plan
was conducted and the following was found:
Future Land Use Element Policy C-1.6, in summary (see attached copy for
complete policy), designates the North Federal Highway Corridor as a
blighted area. It 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, and identify appropriate uses for parcels adjacent to Dixie
Highway and the FEC railroad tracks.
P&Z Staff Repod
Rezoning from AC to SAD for the Miller Dodge Property
Page 6
The Miller Dodge property is one of the most blighted properties in the North
Federal area. Rezoning it to SAD on a temporary basis in order to stimulate
private investment in upgrading its appearance is consistent with the above
referenced policy, which was adopted with Comprehensive Plan Amendment 95°
2. Preparation of the corridor plan described in the policy is underway. One of
the main elements of that plan will be to provide flexibility for the use of sites
adjacent to Dixie Highway, in order to encourage investment in and
redevelopment of the corridor. Upgrading of the Miller Dodge property will go a
long way toward achieving that objective.
OTHER ISSUES
Site Pi~'n Requirement:
Pursuant to LDR Section 4.4.25, SAD Review and Approval Process, all SADs
are to be accompanied by a full site plan for the development of the property,
including preliminary engineering and ~landscape plans. At this time the
applicants are unsure of the ultimate use and development of the property. In
lieu of a full site plan, they have submitted a landscape plan for the east and
west perimeters of the property, as well as a description of planned building
improvements. The SAD ordinance will state that a full site plan must be
submitted for approval by SPRAB in conjunction with any new development, or
upon the occupation of the existing buildings on the site by any use other than
Dee-Car Patio Furniture.
Perimeter Setbacks for SADs
Pursuant to LDR Section 4.4.25(D)(1), a minimum setback of 15 feet shall be
established around the perimeter of any property developed under the SAD
designation. The front and side street setbacks must be a landscalSe-d area
within which no pavement shall be allowed except for pedestrian ways and
driveways.
The landscape plan shows a 15' landscaped setback along Federal Highway,
which complies with the requirement for the front setback. The 15' building
setback requirement is not met on the south side of the property, where
structures exist along the property line. These buildings comply with the current
AC zoning district regulations, which do not require any interior side setback. It
should also be noted that they comply with the requirements of the GC district,
which also allow a zero interior side setback. The 15' setback requirement is
also encroached upon to a minor degree at the southwest corner of the property,
where a portion of the building is only 14' from the rear property line. This
setback conforms with the 10' rear setback requirement of both the AC and GC
P&Z Staff Repod
Rezoning from AC to SAD for the Miller Dodge Property
Page 7
zoning districts. However, with the required 10' dedication of right-of-way along
Dixie Highway, the building setback will range from 4' on the north end to
approximately 19' on the south end.
When the SAD zoning is applied, the existing interior side setback will become
nonconforming, which will limit the potential for the expansion or improvement of
the structures. As the zero interior side setback is consistent with the AC and
GC zoning districts and is therefore typical of development standards in the
North Federal area, the requirement for a 15' interior side setback should be
waived. With regard to the rear setback, the nonconformity is being created as a
result of a right-of-way dedication, and would occur regardless of the zoning
designation. It should not affect the applicant's ability to improve the structure.
Ri.qht'~f Way Dedications
Federal Highway: According to the County's Thoroughfare Map and the City's
Comprehensive Plan, the ultimate right-of-way for Federal Highway in the
subject area is 120 feet. Currently only 100' is provided. Technically, the
applicants should be required to provide an additional 10' of right-of-way along
the front portion of the property.
It is noted that the Department of Transportation has .developed plans for the
improvement of North Federal Highway which include resurfacing, a reduction in
median cuts, and provision of bikeways. All of the improvements are to be
accommodated in the existing 100' right of way. The widening of North Federal
Highway is not included in any of the County's improvement programs, nor has it
been seriously contemplated. In light of this, it would be acceptable at this time
to require that the applicants reserve rather than dedicate the right-of-way.
Reserving the right-of-way means the property will be available to the state if
needed for future widening.
Dixie Highway: There is also a need for 10' of right-of-way along Dixie
Highway. Previously the ultimate right-of-way in this area was 80'. Given the
limited use of the road, that width has been reduced to 40', which is minimal.
Presently only 30' of ROW 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 10' dedication is required.
Storage of Semi-Trailers
There are currently several semi-trailers parked in the northwest quandrant of
the property, which are being used for storage of furniture. The SAD provides
for the removal of these trailers within 60 days of the approval of the zoning.
P&Z Staff Report
Rezoning from AC to SAD for the Miller Dodge Property
Page 8
Landscape Plan Technical Comments
The proposed landscaping along Federal Highway includes a silver buttonwood
hedge and 12' Laurel Oak trees planted 25' on center. Along Dixie Highway, a
10' wide area planted with ficus hedge and Laurel Oak trees is proposed. The
existing ficus hedge at the north end of the property is to be trimmed and/or
replanted as necessary. The following revisions to the plan must be made prior
to City Commission consideration of the rezoning:
1) The plans must indicate that the landscaping along Dixie Highway is to be
planted out of the area that is to be dedicated for right of way. In addition,
the existing chain link fence is to be relocated to the eastern edge of the
.AO' landscaped strip, with the hedge planted against the fence.
2) The paved area at the southeast corner of the site is to be a landscaped
area.
3) The trees along Federal Highway are to be planted toward the interior of
the landscape strip.
4) Any exotic species on site are to be removed.
5) Indicate existing access points along Dixie Highway on the plans.
I
Community Redevelopment Agency
The CRA considered the rezoning at its meeting of December 14, 1995: The
CRA supported the proposal, but recommended that the required improvements
include patching and sealcoating the existing asphalt surface.
Neighborhood Notice:
Formal public notice has been provided to property owners within a 500' radius
of the subject property. Courtesy notices have been sent to:
1) Al Brook: La Hacienda Subdivision
2) Deborah Dowd: Northeast Neighborhood
3) Stanley Milosky, Loren Sheffer, and Robert Dittman: North Federal Highway
Task Force
P&Z Staff Report
Rezoning from AC to SAD for the Miller Dodge Property
Page 9
Letters of objection or support, if any, will be presented at the P & Z Board
meeting.
The rezoning to SAD to allow a combination of uses permitted in other districts is
unconventional, and under normal circumstances would probably not be
contemplated. This proposal, however, deals with an extremely blighted site in
an area'~hat is slated for redevelopment. Any reasonable measure to accelerate
the improvement and redevelopment of the site deserves consideration and a
flexible approach.
The SAD zoning will continue to allow the auto related uses that are currently
permitted, as well as general commercial type uses. It will. require the
immediate upgrading of the site by the installation of perimeter landscaping and
exterior improvements to the building. Future development of the site will be
accomplished through the submission of a full site plan.
A. Continue with direction.
B. Recommend rezoning of the Miller Dodge properly from _AC to
SAD, based on positive findings with respect to Section
2.4.5(D)(5)(c) (Rezoning Findings), Section 3.1.1, the performance
standards of Section 3.3.2, and policies of the Comprehensive
Plan.
C. Recommend denial of a rezoning from AC to SAD for the Miller
Dodge property, based on a failure to make positive findings with
respect to Section 2.4.5(D)(5), that the request does not fulfill one
of the reasons for which a rezoning may be granted.
P&Z Staff Report
Rezoning from AC to SAD for the Miller Dodge Properly
Page 10
By separate motions:
A. Recommend a waiver of the 15' perimeter setback requirement for the
south property line.
B. Recommend approval of the rezoning of the Miller Dodge property from
AC to SAD, based on positive findings with respect to LDR Section
3/1.1, (Required Findings), Section 3.3.2 (Standards for Rezoning
Actions) and Section 2.4.5(D)(5)(c) (Valid Reason for Rezoning), and
policies of the Comprehensive Plan.
The above recommendation should be made subject to the condition that prior to
City Commission consideration of the rezoning, a revised plan is submitted that
addresses items 1-5 under the "Landscape Plan Technical Items" section of this
report.
Attachments:
Proposed SAD Ordinance Language
· Sketch/landscape Plan
· Future Land Use Element Policy C-1.6
· Location Map
· Zoning Map
SAD ORDINANCE
The following language is to be included in the ordinance that
establishes the SAD zoning for the Miller Dodge property:
(Section 1 provides the legal description to which the SAD zoning will be
applied)
Section 2
The uses allowed for the subject property pursuant to Section 4.4.25(B)
of the Land Development Regulations of the City of Delray Beach,
Florida, shall be as follows:
1. All uses permitted as Principal, Conditional, or Accessory Uses
within the GC (General Commercial) zoning district;
2. All uses permitted as Principal, Conditional, or Accessory Uses
within the AC (Automotive Commercial) zoning district, except
that the sale of used vehicles is' limited as follows:
· As an accessory use to an on-site new car dealership; or
· As a used car dealership specializing in exotic or vintage
vehicles.
Section 3
The development of and improvements to the subject property shall be
as follows.
1. Within 60 days of adoption of the ordinance establishing the SAD
zoning on the subject property, all semi-trailers and storage - -
containers are to be removed from the premises.
2. Within 120 days of adoption of the ordinance establishing the
SAD zoning on the subject property, the following improvements
shall be made:
· Installation of perimeter landscaping on the east and west
borders of the property as provided for in the attached plan.
· Upgrades to the existing buildings on site to include plumbing,
electrical, and roofing repairs, re-stucco and paint the exteriors,
install handicap parking and access, upgrade all site lighting.
3. Establishment of a patio furniture showroom, or the establishment
of any use other than accessory uses to DeeCar Patio, will
require the installation of site improvements in accordance with
an approved site plan which will at a minimum provide for the
installation of parking areas in accordance with City codes and
standards.
4. Establishment of any Automotive Commercial use is subject to
the minimum dimensions provided in Section 4.4.10 (F)(2), the
Supplemental District Regulations provided in Section 4.4.10 (G),
and the Special Regulations provided in Section 4.4.10 (H) of the
Land Development Regulations.
5 ..... Modifications to the approved landscape plan, as well as all
new site plans and future modifications, shall be approved
by the Site Plan Review and Appearance Board.
Section 4
It is the intent of this ordinance that the SAD zoning be applied on an
interim basis to allow the site to be marketed for a broader range of uses
than is permitted under the AC or GC zoning districts alone. Therefore,
unless an extension is granted by the City Commission, this ordinance wilt
expire three years after the date of its adoption. Prior to its expiration, the
property owner(s), at their own expense, are to make application to the City
to change the zoning to a standard classification such as AC (Automotive
Commercial) or GC (General Commercial).
in the "Village Center%,,scenario. Commensurate with tl~s activity, the City
~shall, if necessary, rezon"~ropriate properties.
Ch~,~ DELETION
Commen~This policy was accomplishe'd~hrough the adoption of the C~tral
Business D~'st~ict - Railroad Corridor (CBD-I~) zoning district. See Suppo~
Document # 1 '(,,T~ansport. ati_on Concurrency E--~ption Area) for additional ',~
background relateS item. '~ '
Location: Pg. III-G-27, NE~licy C-1..6
_Change: ADI~I _T_~N -.
The following pertains to the North Federal HighwaY Corridor:
The North Federal Hjghway Corridor is defined as the.area bounded by the FEC
railroad right-of-way to the west, the Intracoastal ,.Waterway and the town of
Gulfstream to the east, George Bush Boulevard to the south, and the north City
limits to the north.
Properties in the corridor that front on Federal Highway primarily contain small-.
scale, str..ip commercial development. Many parcels in the area contain vacant or
dilapidated structures, substandard parking, and substandard landscaping. The.
area also contains residential areas identified as "Stabilization" and "Stabilization
and Revitalization" on the Residential Neighborhood Categorization Map
contained in the Housing Element, Many of the. remaining parcels in the. area
are currently vacant. - -
.Due to those conditions, the North Federal Highway corddor is hereby identified
as a blighted area. The CRA will be the lead agency for the preparation of an
Improvement Program for the North. Federal Highway Corridor, The City.,
through its Planning .and Zoning Department will provide .support and assistance
to the CRA in the preparation of the North Federal Highway .Corridor
Improvement Program.
The program will, at a minimum address the following issues:
· Improvement of the appearance of the area
· __ Identification of appropriate uses for parcels adjacent to Dix. ie Highw_ay and
the FEC railroad tracks.
Page 20
Identification of and strategi..e.s for the elimination of inappropriate and
marginal uses
Provision for increases in permitted residential .densities ad.iacent to the
Intracoastal Waterway
Directing smaller business operations to more concentrated areas'
Providing economic stimulation and investment in the area
, ,___ Creation ofjobs
*__ Stabilization and preservation of. residential neighborhoods through new
development, redevelopment .and .the elimination of blight
The plan will be completed in FY 95~96,
o_ Comment: See Support Document # 4 (North Federal Highway Corridor) for a
t complete discussion of this item.
I, Locati _~g. III-G-27, Obje~C-2.
~- Objective Ox.2 ~ .
'~' ty, t~ougng~
The Ci h its Planni partment, shall prepare at least two
~ - redevelopmentNplans each year corhqaencing in FY 91/92. Plans for the
i,_ redevelopment ~as shall be prepare-'U~.,.in the following priority and shall
-.. comply with the polic~s and activities set f(~in this objective: (b2)
', 1. Atlantic Avenue bet~en 1-95 and Swinton A~nue
, _ 2. Germantown Road Ind~trial Area %.,,. - -
3. The vicinity of Lindell andx~ederal Highway"%,. ·
4. Silver Terrace Subdivision "%, ",,,,.
Objective C-2 ....
- The City, through its Planning Departmentk,,shall prepare at leas'tN,two
_~_ redevelopment plans each year commencing ~'R,,FY 91/92..Plans for't~e
_ redevelopment areas shall be prepared in the f~owing priority and sh~ll
comply with the policies and activities set forth in this~bjective: (b2)
Page 2 1
The following language is to be included in the ordinance that
establishes the SAD zoning for the Miller Dodge property:
(Section I provides the legal description to which the SAD zoning will be
applied)
Section 2
The uses allowed for the subject property pursuant to Section 4.4.25(B)
of the Land Development Regulations of the City of Delray Beach,
Florida, shall be as follows:
1. All uses listed as Principal, Conditional, or Accessory Uses
within the GC (General Commercial) zoning district regulations;
2. All uses listed as Principal, Conditional, or Accessory Uses
within the AC (Automotive Commercial) zoning district
regulations, except that the sale of used vehicles is limited as
follows:
· As an accessory use to an on-site new car dealership; or
· As a used car dealership specializing in exotic or vintage
vehicles.
3. All uses listed as Conditional Uses must be approved pursuant to
LDR Section 2.4.5(E), Establishment of Conditional Use.
Section 3
The development of and improvements to the subject property shall be
as follows.
1. Within 60 days of adoption of the ordinance establishing the SAD
zoning on the subject property, all semi-trailers and storage
containers are to be removed from the premises.
2. Within 120 days of adoption of the ordinance establishing the
SAD zoning on the subject property, the following improvements
shall be made:
· Installation of perimeter landscaping on the east and west
borders of the property as provided for in the attached plan.
· Upgrades to the existing buildings on site to include plumbing,
electrical, and roofing repairs, re-stucco and paint the exteriors,
install handicap parking and access, upgrade all site lighting.
3. Establishment of a patio furniture showroom, or the establishment
of any use other than accessory uses to DeeCar Patio, will
require the installation of site improvements in accordance with
an approved site plan which will at a minimum provide for the
installation of parking areas in accordance with City codes and
standards.
4. Establishment of any Automotive Commercial use is subject to
the minimum dimensions provided in Section 4.4.10 (F)(2), the
Supplemental District Regulations provided in Section 4.4.10 (G),
and the Special Regulations provided in Section 4.4.10 (H) of the
Land Development Regulations.
5. Modifications to the approved landscape plan, as well as all
new site plans and future modifications, shall be approved
by the Site Plan Review and Appearance Board.
Section 4
It is the intent of this ordinance that the SAD zoning be applied on an
interim basis to allow the site to be marketed for a broader range of uses
than is permitted under the AC or GC zoning districts alone. Therefore,
unless an extension is granted by the City Commission, this ordinance will
expire three years after the date of its adoption. Prior to its expiration, the
property owner(s), at their own expense, are to make application to the City
to change the zoning to a standard classification such as AC (Automotive
Commercial) or GC (General Commercial).