18-96 ORDINANCE NO. 18-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING SECTION 4.4.28, "CENTRAL
BUSINESS DISTRICT-RAILRQAD CORRIDOR (CBD-RC)", SUBSECTION
4.4.28(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", OF
THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, TO FURTHER RESTRICT THE LOCATION OF AUTC~OBILE
REPAIR AND AUTfN~)BILE DETAILING USES WITHIN THE DISTRICT;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning
Board reviewed the subject matter at its meeting of April 15, 1996, and voted
5 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 4.4.28, "Central Business District-Railroad
Corridor (CBD-RC) ", Subsection 4.4.28 (D), "Conditional Uses add 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 and Structures Allowed: The following uses
are allowed as conditional uses within the CBD-RC district:
(1) All uses allowed as such within the CBD [Section
4.4.13(D) ].
(2) Automobile repair and automobile detailing. However,
such facilities may not be located north of S.E. 1st Street or south of S.E.
6th Street, exteD~ed. Conditional use approval may not be granted for a new
automobile repair facility nor for the expansion of an existing facility
unless it is specifically demonstrated that off-street parking is available
in accordance with the requirements of Section 4.6.9.
(3) Food preparation and/or processing, including but not
limited to bakeries and catering operations.
(4) Dry cleaning processing plants.
Section 2. 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herewith be, and the same are hereby repealed.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 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 4. That this ordinance shall become effective immediately
upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second an~ final reading
on this the 21st day of May , 1996.
'- City C~er~ ...... '
First Reading May 7, 199 6
Second Reading May 21, 1 9 96
ref:ORD18-96
- 2 - Ord. No. 18-96
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # /O A' - MEETING OF MAY 21, 1996
ORDINANCE NO. 18-96 (LOCATION OF AUTOMOBILE REPAIR AND
DETAILING USES)
DATE: MAY 17, 1996
This is second reading and public hearing for Ordinance No. 18-96
amending LDR Section 4.4.28 "Central Business District - Railroad
Corridor" Subsection 4.4.28(D), "Conditional Uses and Structures
Allowed", to further restrict the location of automobile repair
and detailing uses south of S.E. 6th Street, extended.
At its meeting of January 22, 1996, the Planning and Zoning Board
recommended approval of a zoning request from RM (Medium Density
Residential) to CBD-RC (Central Business District-Railroad
Corridor for the Lee Property located at the southeast corner of
S.E. 1st Avenue and S.E. 6th Street, extended. However, the
Commission denied the request at its meeting on February 20, 1996
based on the potential impact of auto repair and detailing uses
on the adjacent residential properties.
The Commission initiated a text amendment to the LDRs incorpora-
ting additional location restrictions prohibiting the establish-
ment of auto repair and detailing uses on the subject property.
It was the consensus of the Commission that the rezoning request
would be heard again once the text amendment is processed incor-
porating the additional locational restrictions.
At its meeting of April 15, 1996 the Planning and Zoning Board
reviewed this item and voted 5-0 to recommend approval of the
amendment to LDR Section 4.4.28(D) (2) to include restricting auto
repair and detailing uses south of S.E. 6th Street, extended. At
first reading on May 7th, Commission passed the ordinance by
unanimous vote.
Recommend approval of Ordinance No. 18-96 on second and final
reading.
MEMOPJtND~
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~i
SUBJECT: AGENDA ITEM # /~.~- - MEETING OF MAY 7, 1996
ORDINANCE NO. 18-96 (LOCATION OF AUTOMOBILE REPAIR AND
DETAILING USES)
DATE: MAY 3, 1996
This is first reading for Ordinance No. 18-96 amending LDR
Section 4.4.28 "Central Business District - Railroad Corridor"
Subsection 4.4.28(D), "Conditional Uses and Structures Allowed",
to further restrict the location of automobile repair and
detailing uses south of S.E. 6th Street, extended.
At its meeting of January 22, 1996, the Planning and Zoning Board
recommended approval of a zoning request from RM (Medium Density
Residential) to CBD-RC (Central Business District-Railroad
Corridor for the Lee Property located at the southeast corner of
S.E. 1st Avenue and S.E. 6th Street, extended. However, the
Commission denied the request at its meeting on February 20, 1996
based on the potential impact of auto repair and detailing uses
on the adjacent residential properties.
The Commission initiated a text amendment to the LDRs incorpora-
ting additional location restrictions prohibiting the establish-
ment of auto repair and detailing uses on the subject property.
It was the consensus of the Commission that the rezoning request
would be heard again once the text amendment is processed incor-
porating the additional locational restrictions.
At its meeting of April 15, 1996 the Planning and Zoning Board
reviewed this item and voted 5-0 to recommend approval of the
amendment to LDR Section 4.4.28(D) (2) to include restricting auto
repair and detailing uses south of S.E. 6th Street, extended.
Recommend approval of Ordinance No. 18-96 on first reading. If
passed, public hearing May 21, 1996.
TO: DAVID T. HARDEN, CITY MANAGER
NING AND ZONING
FROM: JJLIF'~Y A. COSTELLO
,~ENIOR PLANNER
SUBJECT: MEETING OF MAY 7, 1996
CONSIDERATION OF AN LDR TEXT AMENDMENT TO
SECTION 4.4.28(D){`2) OF THE CBD-RC {.CENTRAL BUSINESS
DISTRICT-RAILROAD CORRIDOR) TO RESTRICT AUTO
REPAIR AND DETAILING USES FROM LOCATING SOUTH OF
S.E. 6TH STREET. EXTENDED.
The action requested of the City Commission is that of approval on
first reading of an ordinance amending LDR Section 4.4.28(D)(2) of
the CBD-RC (Central Business District-Railroad Corridor) to restrict
auto repair and detailing uses from locating south of S.E. 6th
Street, extended.
At its meeting of January 22, 1996, the Planning and Zoning Board
recommended approval of a rezoning request from RM (Medium Density
Residential) to CBD-RC (Central Business District-Railroad Corridor) for the Lee
property located at the southeast corner of S.E. 1st Avenue and S.E. 6th Street,
extended. However, on February 20, 1996, the City Commission denied the
request on second reading. The basis for the denial related to concerns
regarding the CBD-RC zone district allowing auto repair and detailing uses on
the property and their potential impacts on the adjacent residential properties. In
City Commission Documentation
Meeting of May 7, 1996
LDR Text Amendment to Section 4.4.28(D)(2) of the CBD-RC zoning district.
Page 2
response to the concern, the City Commission initiated a text amendment to the
LDRs to incorporate additional Iocational restrictions for the auto repair uses,
which would prohibit the establishment of auto repair and detailing uses on the
subject property. It was the consensus of the City Commission that the rezoning
request would be heard again once the text amendment is processed.
The proposed amendment will further restrict the location of auto repair and
detailing uses in the CBD-RC zoning district. Currently, auto repair and detailing
uses are allowed south of S.E. 1st Street. While the uses are only allowed as
conditional uses, which require that specific findings be made in order to obtain
approval, under the current regulations there is a possibility that such a use
could be located on vacant land which has the potential to be rezoned CBD-RC.
This land is located south of the intersection of S.E. 1st Avenue and S.E. 6th
Street, extended, and is adjacent to several single family homes. Additional
background and analysis of the amendment is described in the attached
Planning and Zoning Board staff report.
At its meeting of April 15, 1996, the Planning and Zoning Board formally
reviewed this item. There was no public testimony regarding the proposed
amendment. After reviewing the staff report and discussing the proposal, the
Board voted 5-0 (Young and Schmidt absent) to recommend approval of the
amendment to LDR Section 4.4.28(D)(2), to include restricting auto repair and
detailing uses south of S.E. 6th Street, extended.
By motion, approve on first reading the ordinance amending LDR Section
4.4.28(D)(2) to include restrict auto repair and detailing uses from locating south
of S.E. 6th Street, extended, and setting a public hearing date of May 21, 1996.
Attachments:
Q P & Z Board Staff Report and Documentation of April 15, 1996
[] Ordinance by Others
MEETING DATE: APRIL 15, 1996
AGENDA ITEM: IV.A - AMENDMENT TO LDR SECTION 4.4.28(D)(2)
[CENTRAL BUSINESS DISTRICT-RAILROAD
CORRIDOR], TO FURTHER RESTRICT THE
LOCATION OF AUTO REPAIR AND DETAILING
USES.
The item before the Board is that of making a recommendation to
the City Commission regarding an LDR text amendment to Section
4.4.28(D)(2), Central Business District-Railroad Corridor (CBD-
RC), Conditional Uses and Structures Allowed, which would further
restrict the location of auto repair and detailing uses.
Pursuant to Section 1.1.6, an amendment to the text of the Land
Development Regulations may not be made until a
recommendation is obtained from the Planning and Zoning Board.
The CBD-RC (Central Business'District-Railroad Corridor) was created in order
to recognize the long-standing light industrial character of the F.E.C. railroad
corridor; to provide for the upgrading and expansion of existing uses when
appropriate; and to enhance the economic growth of the central business district
by providing employment opportunities in the downtown area.
While the CBD-RC was intended to be applied to existing conditions, a request
was recently processed to rezone a parcel of land at the southeast corner of
S.E. 1st Avenue and S.E. 6th Street (if extended), from RM (Medium Density
Residential) to CBD-RC. As the property abuts light industrial uses and the
railroad it seemed appropriate to rezone the property.
However, on February 20, 1996, the City Commission denied the request on
second reading. The basis for the denial related to concerns regarding the
CBD-RC zone district allowing auto repair and detailing uses on the property
and their potential impacts on the adjacent residential properties. In response
P & Z Board Memorandum Staff Report
LDR Text Amendment ~ Restrictions on Location of Auto Uses the CBD-RC Zone Distdct
Page 2
to the concern, the City Commission initiated a text amendment to the LDRs to
incorporate additional Iocational restrictions for the auto repair uses, which
would prohibit the establishment of auto repair and detailing uses on the subject
property. It was the consensus of the City Commission that the rezoning request
would be heard again once the text amendment is processed. '
............................................................... ~..D.: .R....~.~ E~DME~.~N~S.~.~... .............. ,,..,...,. ~....,.,...,..~,~.~....,.~.~:,.:.~.:..:.-..
The proposed amendment will further restrict the location of auto repair and
detailing uses in the CBD-RC zoning district. Currently, auto repair and detailing
uses are allowed south of S.E. 1st Street. While the uses are only allowed as
conditional uses, which require that specific findings be made in order to obtain
a approval, under the current regulations there is a possiblity that such a use
could be located on vacant land which has the potential to be rezoned CBD-RC.
This land is located south of the intersection of S.E. 1st Avenue and S.E. 6th
Street, extended, and is adjacent to several single family homes.
The auto repair and detailing uses were included in the CBD-RC zoning district
in order to accommodate the existing auto repair uses which are primarily
located south of S.E. 1st Street and north of S.E. 6th Street, within the CBD-RC
zoning district. At the time that the zoning was created, it was not anticipated
that it would be extended beyond the existing uses. It is appropriate to amend
the Iocational restrictions for auto uses to ensure that they do not have the
potential to expand beyond the limited area where they are currently permitted.
I
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By motion, recommend to the City Commission that LDR Section 4.4.28(D)(2) be
amended to include restricting auto repair and detailing uses south of S.E. 6th
Street, extended.
Attachment:
r~ Proposed Ordinance
Section 4.4;28 CBD-RC (Central Business District - Railroad Corridor):
(D) Conditional Uses and Structures Allowed: The following uses are
allowed as conditional uses within the CBD-RC zoning district:
(1) All uses allowed as such within the CBD [Section 4.4.13(D)].
(2) Automobile repair and automobile detailing. However, such
facilities may not be located north of S.E. 1st Street or south of S.E. 6th
Street, extended. Conditional use approval may not be granted for a new
automobile repair facility, nor for the expansion of an existing facility,
unless it is specifically demonstrated that off-street parking is available in
accordance with the requirements of Section 4.6.9.
(3) Food preparation and/or processing, including but not limited to
bakeries and catering operations.
(4) Dry cleaning processing plants.
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