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42-96 £1T¥ DF DELRI:I¥ BEI:I£H DELRAY BEACH %/// ~ CITY CLERK ,oo ,.,,. ,s, ^vE.uE · AII-AmericaCity ~99~ CERTIFICATION I, ALISON MacGREGOR HASTY, City Clerk of the City of Delray Beach, Florida, do hereby certify that the attached document is a true and correct copy of Ordinance No. 42-96, as the same was passed and adopted on second and final reading by the Delray Beach City Commission in regular session on the 1st day of October, 1996. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 14th day of October, 1996. ~lison MacGregor' -Handy ' City Clerk City of ~lray Beach, Flori~ THE EFFORT ALWAYS MATTERS ~rinted on Recycled P~per ORDZNANCE NO. 42-96 AN ORDINANUE OF THE CITY COMMISSION OF THE CITY OF DF./Z~Y BEACH, FLORIDA, REZONING AND PLACING LAND PRESEITI"LY POD (PROFESSIONAL AND OFFICE DISTRICT) IN PART, AND RM (MEDIUM DENSITY RESIDENTIAL) IN PART, ENTIRELY INTO AN S .A.D. (SPECIAL ACTIVITIES DISTRICT) ZONING CLASSIFICATIC~; SAID PROPERTY LOCATED NORTH OF AVENUE G AND SOUTH OF AVENUE F, EAST OF FEDERAL HIGH~%Y (U.S. %~) AND WEST OF FREDERICK BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A SAVING CLAUSE, A GENERAL ~:;,EPF_~?,k-'~R CLAUSE, AND AN ]~FFECTIVE T~4:EI~P_J~S, the property hereinafter described is located in the City of Del~ay Beach, ¥1orida, and is known as the "Levy Property"; ~ NHEREAS, the Levy Property has h&storically been used for commercial motor veh&cle related :purposes, in¢ln_~ng sales, rental and leas&ng of motor vehicles; and ~DIEPagAS, the :property o~ner desires that the property be rezoned to SAD to a11o~ as per~ltte4t and principal uses the follow-ing: (i) veh&cIe sales, rental and leasing w~th no service component, and (ii) veh&¢le ~ash establishment and detailing, and the property owner has filed the appropriate applications to accomplish the rezon&ng; and WI4EREAS, the City ~ecog~Ltzes the unique hlstoz~y of thAs site as a location for motor vehicle related business; and I~4EREAS, the property o~ner has ~orked with neighboring res±dential associmtions to perm&t the above uses on the property, Ach the City and said neighborhood associations have found is compatible ~rlth the surrounding ~esidential neighborhoods and ~rill not create adverse £mpacts; and WHERFJ~S, the property o~ner has agreed to install a ~Lttigating ~all and 1n~lsca:ping along the ~ste~n edge of the rigbt-of-~a~ for WltEREAS, :pursuant to the City of Delray Beach Land Develot~mnt Regulations, the Planngng and ~on&ng ~ acting as the Local P~anning Agency on August 19, 1996, belcl a public bea~ing on the Levy ~ezon~ng application an~ unanimously voted a reca~menclat_ton of approval of the request to the City Cc~m~ssion, subject to conditions; and ~, the ~lnnning and ~.on&ng ]k~n~d has ~ete~ned an~ the City Cc~m~ssion concurs, that the change in zon&ng furthers the objectives an~ ~olicies of the City of Delray Beach Cc~:prehensive Plan. RECORDER'S MEMO: Legibi;ity of document unsatisfactort when received. NC~, THEREFORE, BE IT ORDAINED BY THE CITY Cf~4~/SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the S.A.D. (Special ~tivities District) as defined in Section 4.4.15 of the Land Development Regulations of the City of Delray Beach, to-wit: Lots 1-5, inclusive, less the west 38 feet thereof, and Lots 13-24, inclusive, in Block 24, DEL RATON PARK, and together with abandoned 10 foot alley lying east of Lots 1-5 (abandoned by resolution in O.R. Book 1754, Page 612) add together with abandoned 10 foot alley east of Lot 23 (abandoned by resolution in O.R. Book 4053, Page 744), all in Block 24, DEL RATON PARK, according to the Plat thereof as recorded in Plat Book 14, Page 9 of the Public Records of Palm Beach County, Florida (the "Levy Property" ). The subject property is located on the east side of South Federal Highway (U. S. Highway #1), between Avenue F and Avenue G; containing 1.086 acres, more or less. Section 2. Pri. ncipal Uses and Structures Permitted: That the uses which are hereby approved as the permitted and principal uses for the Levy Property pursuant to Section 4.4.25(B) (1) and shall collectively constitute the SAD project for purposes of Section 4.4.25(C)(3) of the Land Develo~x~ent Regulations of the City, are the following uses: (1) Vehicle sales, leasing, and rental with no service component, (2) Vehicle wash establishment and detailing. Only one of the Principal Uses [(1) or (2)] may exist on the Levy Property at any one time. Section 3. Accessory Uses and Structures: The following uses are allowed when a part of, or accessory to, the Principal Uses: (1) Parking lots for customers, employees, temporary storage of vehicles awaiting vehicle preparation for delivery to customer or preparation for display, and for the display of vehicles. (2) Refuse and delivery/load/ng areas. - 2 - Ord. No. 42-96 MEMO: Leg~b~,,h/of document unsati;factor¥ when received. (3) Storage of inventory (other than vehicles which shall be outside) either within the same structure as where the sale of goods occurs or in a separate structure on the same parcel provided that such storage facilities are not shared or leased indepen~ent of the primary commercial use of the site. (4) Vehicle preparation area. Section 4. Current and Future Site Plans. The Planning and Zoning Boar~ z~commended to the City Commission approval of the Levy site plan subject to conclit/ons and with certain waivers. The City Cc~nission hereby accepts said recommeD~ation and approves the Levy site plan subject to the com~tions add waivers recommended by the Planning and Zoning Board. The development of and improvements to the Levy Property shall be in accordance with said approved site plan and attendant conditions, subject to review of landscaping and elevations by the Site Plan Review and Appearance Board ("SPRAB"). The City Commission hereby makes the City' s finding of compatibility required in Section 2.4.5(F) (5) of the Land Develolanent Regulations. The approved site plan referred to herein is the site plan prepared by James A. Johnson, Architect, dated 8/13/96 as revised site plan prepared by James A. Johnson, Architect, dated 8/27/96. All amendments to the approved site plan and new site plan suhnissions for either of the Principal Uses shall be subject to review by SPRAB in accordance with the provisions hereof. If the City hereafter amends the Land DeveloFment Regulations to change the Board that reviews site plan applications or rezoning applications, the applications which may be suhnitted by the property owner of the Levy Property shall be sutanitted to the newly designated Board instead of the Board named herein. Section 5. Establishment and Vesting: The "SAD project" for the purposes of vesting pursuant to Section 4.4.25(C)(3) of the Land Develola~ent Regulations shall include, collectively, both of the Principal Uses set forth in Section 2 above. After the approval of the pending site plan application for the Levy property to allow vehicle sales, leasing, and rental with no service component, the Levy property shall be vested for the SAD project, meaning for both of the Principal Uses set forth in Section 2 above, provided that, within 18 months (or such extended time period as may be approved by the City) from the date that the site plan approval becomes final, improvements representing twenty-five percent (25%) of the total cost of all improvements to be used in developing the approved site plan have been constructed. Section 6. Special Regulations: The following establishes special develo~nt regulations specifically for this S.A.D. in a~tion to those regulat/ons as otherwise provided in the City's Land Develolmment Regulations - 3 - Ord. No. 42-96 REGOF, DER'S ME,rIO: Legibil!t¥ ot document unsatislactory when received, 949 Pg 69 (A) Special Requlations (1) The main entrance and exit frc~ the property shall be placed on U.S. 1/Federal Highway. (2) Secor~y entrances/exits may be placed on Avenue G and Avenue F. (3) A six foot high wall shall be constructed and maintained along the ~st right-of-way line of Frederick Boulevard. (4) The wall shall be appropriately landscaped and lighted. (5) Ail utilities shall be placed underground. (6) Ail signage shall be reviewed and approved by the Site Plan Review and Al:~earance tk~ ("SPRAB"). (7) The sale, lease, or rental of automobiles on the property shall comply with the LDR Section 4.4.10(G), "Supplemental District Regulations", of the AC (Automotive Commercial) zoning district. Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or wor~ 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 9. That this ordinance shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on secon~ and final reading on this the 1st day of October , 1996. Clty-Cl~rk ~- First Reading September 17 ~ 1 ~ ~ 6 !. Second Reading October 1, i 9 9 6 ~ - 4 - Ord. No. 42-96 RE00~DER'S MEMO: Legibility 0f document unsa~istact0pf when ~eceived. i ORB i t ~ ' '"'--- "-~'~'~"~ ....................... '- ........... r .... ~ ..... / . i I I I I , [ ...... i I I I I I I ~ SITE PLAN ~TH SCALE I' = 20' j ' I ORB 9xtc~ P~. 7i DOROTHY H. WiLKEN, CLERK PB COUNTY, FL DAN BURNS ALLAMANDA OLDSMOBILE MILLER PARK ED MORSE GADILLA G BANYAN ORIVE DELRA Y PALZA CYPRESS DRIVE SHERWOOD PONTIAC BUCKY DENT'S- oOGWOOD BASEBALL ED MORSE USED CARS TROPIC CD DELRA Y TOYOTA LA-MAT AV~NU~ B A Y MORSE SA TURN HYACINTH DUMAR PLAZA EASTVIEW MOBILE VILLAGE HOMES CLUB SHERWOOD HONDA DELRA Y SHOPPING CENTER MOBILE HOMES [" ~ REZONING OF LEVY PROPERTY ,..,,..,.c oc.,,.,,,~., FROM: -POD- & -RM- TO: -SAD- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FRC~: CITY MANAf~R ~J~'~ SUBJECT: AGENDA ITEM # /0 A - MEETING OF OCTOBER 1, 1996 LEVY PROPERTY LAND USE ACTIONS DATE: SEPTEMBER 26, 1996 This is before the Commission to consider on second and final reading two ordinances which will effectuate the land use actions included as part of the settlement agreement between Mr. and Mrs. Levy and the City. The property is located on the east side of South Federal Highway, between Avenue F and Avenue G, and contains 1.086 acres. Ordinance No. 41-96 provides for a small scale Future Land Use Map (FLUM) amendment frc~ Transitional to General Commercial, while Ordinance No. 42-96 rezones the property from POD (Professional and Office District) in part and BM (Medium Density Residential) in part to SAD (Special Activities District). The Planning and Zoning Board considered the matter at public hearing on August 19, 1996, and voted unanimously to recommend as follows: (1) Approve the Small Scale Future LaD~ Use Map Amendment from Transitional to General Commercial for the Levy property based upon positive fim~ngs with respect to Chapter 3 (Performance StaDdards) of the Land Development Regulations, and policies of the Comprehensive Plan, with the finding that the potential benefits of the development proposal outweigh the conflicts with Future Land Use Element Policy A-2.4 of the Comprehensive Plan. (2) Approve the rezoning request to SAD and the attendant site plan based upon positive findings with respect to Chapter 3 (Performance Star~ards), Section 2.4.5(D) (5) (Rezoning Findings), and Section 2.4.5(F)(5) (Site Plan Finxlings) of the LDRs, and policies of the Comprehensive Plan, and subject to the conditions outlined in staff documentation. At first reading on September 17, 1996, the City Commission passed both ordinances by a 4 to 0 vote. Recommend approval of Ordinance No. 41-96 and Ordinance No. 42-96 on second and final reading. ref:agmemo18 ~O~ ~ ~-'O MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FPf~4: CITY MANAGER ~ LEVY PROPERTY LAND USE ACTIONS DATE: SEPTEMBER 12, 1996 This is before the Commission to consider on first reading two ordinances which will effectuate the land use actions included as part of the settlement agreement between Mr. and Mrs. Levy and the City. The property is located on the east side of South Federal Highway, between Avenue F and Avenue G, and contains 1.086 acres. Ordinance No. 41-96 provides for a small scale Future Land Use Map (FLUM) amendment from Transitional to General Commercial, while Qrd/nance No. 42-96 rezones the property from POD (Professional and Office District) in part and RM (Medium Density Residential) in part to SAD (Special Activities District). The Planning and Zoning Board considered the matter at public hearing on August 19, 1996, and voted unanimously to recommend as follows: (1) Approve the Small Scale Future Land Use Map AmeD~lment from Transitional to General Commercial for the Levy property based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, and policies of the Comprehensive Plan, with the finding that the potential benefits of the development proposal outweigh the conflicts with Future Land Use Element Policy A-2.4 of the Comprehensive Plan. (2) Approve the rezoning request to SAD and the attenMant site plan based upon positive findings with respect to Chapter 3 (Performance StaDS_~ds), Section 2.4.5(D) (5) (Rezoning Findings), and Section 2.4.5(F)(5) (Site Plan Findings) of the LDRs, and policies of the Comprehensive Plan, and subject to the conditions outlined in staff documentation. Recommend approval of Ordinance No. 41-96 and Ordinance No. 42-96 on first reading. If passed, quasi-judicial hearings will be scheduled for October 1, 1996. ref:agmemol8 /~~ ~- O TO: DAVID T. HARDEN, CITY MANAGER DEPARTMEN%OF I::)Id~NNING AND ZONING FROM: '~ SENJJ~R PLANNER SUBJECT: MEETING OF SEPTEMBER 17, ~996 ~MALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM T~N~ITIONAL TO GENE~L COMMERCIAL. AND REZONING FROM POD (PROFESSIONAL AND OFFICE DISTRICT) AND RM (MEDIUM DENSI~ RESIDENTIAL) TO SAD /.SPECIAL ACTIVITIES DISTRICT) FOR THE LE~ PROPERS. The action requested of the City Commission is that of approval on first reading of an ordinance changing the Future Land Use Map designation from Transitional to General Commercial, and rezoning from POD (Professional and Office District) and RM (Medium Density Residential) to SAD (Special Activities District) for the Levy Property. The subject property is located on the east side of South Federal Highway, between Avenue F and Avenue G. I On October 5, 1992, Barbara and Stanley Levy, owners of the subject property filed suit in the Circuit Court of Palm Beach County against the City of Delray Beach to have the property rezoned for an auto related use. In order to avoid a trial, the two parties entered into an agreement. On May 14, 1996, a Settlement Agreement between Barbara and Stanley Levy and the City of Delray Beach was executed which states that the applicant will seek approval to establish City Commission Documentation Meeting of September 17, 1996 Small-Scale FLUM Amendment to General Commercial and Rezoning to SAD for the Levy Property Page 2 either (i) vehicle sales, rental and leasing, with no service component; or (11) a vehicle wash establishment and detailing, with no two uses being conducted at any one time. The City agreed to process a Future Land Use Map Amendment and Rezoning to SAD (Special Activities District) with an attendant site plan, which are now before the City Commission for action. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. On August 19, 1996, the Planning and Zoning Board held a public hearing in conjunction with review of the requests. There was public testimony both in support of and in opposition to the requests. Two property owners from the Tropic Isles subdivision spoke in support of the requests. Sam Thorpe, realtor representing George Paton the property owner just south and west of the Levy Property, opposed the rezoning unless the same zoning is applied to his client's property. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend that the requests be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Sections 2.4.5(D)(5) with conditions. It is noted that a revised site plan has been submitted addressing the site plan technical items listed in the staff report. By Separate Motions: A. Recommend to the City Commission approval of the Small-Scale Future Land Use Map Amendment from Transitional to General Commercial for the Levy Property based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, and policies of the Comprehensive Plan, that the potential benefits of the development proposal outweigh the conflicts with Future Land Use Element Policy A-2.4 of the Comprehensive Plan. B. Recommend to the City Commission approval of the rezoning request from POD and RM to SAD and attendant site plan based upon positive findings with respect to Chapter 3 (Performance Standards), Section City Commission Documentation MeeUng of September 17, 1996 Small-Scale FLUM Amendment to General Commemial and Rezoning to SAD for the Levy Property Page 2 2.4.5(D)(5) (Rezoning Findings), and Section 2.4.5(F)(5) (Site Plan Findings) of the Land Development Regulations, and policies of the Comprehensive Plan, subject to the following conditions: 1. That the site lighting be reduced to comply with LDR Section 4.4.10(G)(6) (Lighting Restrictions) and a revised photometrics plan submitted; 2. That appropriate utility easements be provided for the water and sewer mains within abandoned Frederick Boulevard; 3. That a cross-access easement or other manner to combine the lots acceptable to the City Attorney be executed and recorded; 4. That the restrictive covenants for the Levy Residential Property lying east of the subject property (Lots 11-19, Block 35 and abandoned Frederick Boulevard), be executed, prior to issuance of any building permits; and, 5. That the Resolution abandoning Frederick Boulevard be recorded. Attachments: r3 Letters of Support and Objection [3 P & Z Staff Report and Documentation of August 19, 1996 [3 Ordinance by Others c~tCt~ ~ve b~ e~ss~, A ve~ st~tft~ pr~st~ ~[a[es ~o ~he de~ C~tr ~~y [yt~ ease o~ the ease rt~C o~ ~y [t~ o~ Fr~e~ck St~. co ~C ~th ~ on s~ral ~casi~s ~er C~ ~s~ C~ y~rs (sCa~t~ m~ ~C~ in ~ Feb. 7~ 1995) ~o ~ sure ~C ~r c~e~ for adva~e-of c~ ~sst~ ~eCt~ ~ d~et~C of ~s p~y ~re ~t~ ~ress~ as ~ C~C a~p~aCe, ~ ~CCl~ ~c i~I~tn~ St~e ~ ts C~ cul~CL~ of Chts ~ ~ oi ~r~Cors ~ve r~e~ ~ ~r~ ~ s~Ce pt~ a~ the Seccl~c e~nc a~ aC Chis Ct~ ~t~ a~e ~ch y~r a~el of ~. ~ or y~r ~raCt~ in re~ Co ~s ~ccer. $incerety yours, Tropic Bay Cor~omir~u Association cc: Co~tssi~ l~bers City Nanager Roger Saberson TROrK IJL[ Civic Assoclat/o~ P.O. Box 2473 Delray Beec~. ~odda 33444 April 30, *ggu ~ur Alperin &nd Me~bers of the Commission Cl~¥ Hall LO0 N.#. 1st avenue Oulray Beach. FL 33~4q Re: Trnptc tale Civic As~ooi~tton App£oval of the ~e:tLemen~ &R;eemut~t fo; t~o Levy Property Dear Mr. Mayor &nd Members o£ ~he Commission, On rebruar~ 7. ~995 aL Lhu request of Mr. Levy and with the consent o£ Tropie Bay and Tropic 1sim. the City Commission voted to have the staff work out the terms of a seLLlument of the pending litigation with the I. ev~s for the use og tim ~coperty for vehtolo sales, rental and loasing, with no service component. or vehicle wash establishment and de:ailing. Moebe~a from the Tro~tc Isle Civic AssOctaL~on net in early Apr,! 1996 to review the settlement agreement ~copoaed by Mr. Levy. Our consent was s~bjoot to certain conditiunu and these co~dlttons have been addressed £n the auLLlume~tt a&reement. A ver~ significant provision relates to the provision of a deed resLr[ctlon which the Levys have agreod :0 place on their Oropert¥ locaLed east of rrcrodick Boulevard to rosLr[oL this property to tesidentlal uae in perpetuity. we appreciate Mr. Cev~'s ef£ort~ to moot with us and receive the benefit of our inp,:. Mr. Lev~ has gone beyond merely requeattn&.Jnput but has mot with ua on several ocoasions over the ~a~L Lwo ~ears to be &UfO :hat our concerns wore being addressed. (~c bu~rd uf director, a, h~ve reviewed and aporove~ t~e s,ite ol~n and settlemen~ a~reemenc aS dated 4/30/06. Thank you for ~our ouuperation ~n rcgard Lo Lhis manner. WIZ.I. iam J. Prusl~ento Trop~o Tale Civic AssootaLion August i9, 1996 City o~ Dei~ay Be~ch Je~ Costello - Planning Dept, % Sam Thorpe Jack Lupo Realty, Inc. Property in Del Raton Park · Block 24 Lots 6 thru 12 o~ned by George Paton We have asked Sam Thorpe to represent Us at the 2oning Board Meeting with reference to File #96-20& and 96-209. We object to the zoning change unless we could be granted the same type of releif so that 6ur property could be zoned similar to the surrounding property,. -. ... George Patch ,,_ PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETINGDATE: August 19, 1996 AGENDA ITEM: v.a. ITEM: Future Land Use Map amendment from Transitional to General Commercial, and Rezoning from POD (Professional and Office District) and RM (Medium Density Residential) to SAD (S~3&~:ial Activities District) for the Levy Property, Located at the southeast comer of South Federal Highway and Fladell's Way (Avenue F). Owner/Applicant ......................... Stanley & Barbara Levy Agents ................... · ..................... Roger Saberson & James Johnson Location ...................................... Southeast corner of South Federal Highway and Fladell's Way (Avenue F). Property Size .............................. 1.086 Acres Existing Future Land Use Map Designation ................................. Transitional Proposed Future Land 'UseMap Designation ................................. General Commercial Current Zoning ............................ POD (Professional and Office District) and RM (Medium Density Residential) Proposed Zoning ........................ SAD (Special Activities District) Adjacent Zoning ................ North: AC (Automotive Commercial) East: RM South: POD and EM West: AC Existing Land Use ....................... A vacant used car dealership (formerly Auto Ranch) and vacant land. Proposed Land Use .................... Establishment of vehicle sales, rental and leasing facility, with no service component, along with construction of 900 sq.ff, building addition, installation of parking and associated landscaping. Water Service ........................ ;...; Existing on-site Sewer Service ............................ Existing on-site. The action before the Board is that of making a recommendation on a Small-Scale Future Land Use Map Amendment from Transitional to General Commercial and rezoning .from POD (Professional and Office District) and RM (Me~did'm Density Residential) to SAD (Special Activities District) with an attendant site plan for the Levy Property, pursuant to Section 2.4.5(D). The subject property is located on the east side of South Federal Highway, between Fladell's Way (Avenue F) and Avenue G, and is formerly known as the Auto Ranch used car dealership. Pursuant to Section 4.4.25(C)(1), all SADs are established via an ordinance processed as a rezoning. Further, pursuant to Section 2.2.2(E), the Local Planning Agency (P & Z Board) shall review and make recommendations to the City Commission with respect to the rezoning of any property within the City. .-.-:~-::::~-~-:.:~:-.....::::::::::::.:~.:::'~.~:~:.::::..:... ~:-::.:.~:-:..: ::.::~:..:::..':::~.:.~.:~.~.:::-:.::.-.-::::~::.~ : ~...-.'<:..-..-:~ :: ...~.:~:::~:.-.. ::~ . ..::~:~::... ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~::.:::::::::::::.~::.:~:: ~..~.~: ................................................................................................................................... :.:1 The subject property incorpOrates Lots 1-5, 13-24, the abandoned 10' wide alley between Lots 1-5 and Lot 24, and the abandoned 10' wide alley between Lot 23 and Lots 18-22, Block 24, DeI-Raton Park Subdivision, consisting of 1.086 acres. Prior to July, 1989, the subject property was in unincorporated Palm Beach County. A portion of the property was occupied by the Auto Ranch used car dealership which vacated the site prior to 1989. During the Enclave annexations, the Planning and Zoning Board recommended approval of the annexation and initial zoning for the property as part of Enclave 50 on June 19, 1989. At that time an alternative zoning for Lots 1-5 of either GC (General Commercial) or SC (Specialized Commercial) was presented. 'The SC alternative was advertised in anticipation of the property owner requesting to retain the potential for auto related uses. At the time the property was unoccupied and a staff recommendation for GC was put forth, which was consistent with the then Commercial land use designation. Subsequently, on July 25, 1989, the subject property was annexed into the City with the GC zoning designation, in part (Lots 1-5), and RM (Medium to Medium High Density Dwelling) zoning designation, in part (Lots 13-24, and abandoned alleys), as part of the annexations conducted via the Enclave Act (via Ordinance No. 38-89). Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 2 With the adoption of a new Citywide Future Land Use Map on November 28, 1989, the Transitional land use designation was affixed to the subject property (Lots 1-5, Lots 13-24, and abandoned alleys). Thus, the GC zoning on Lot 1-5 then became inconsistent with the underlying Transitio.na.I Land Use Map designation. In October 1990, Citywide rezonings were implemented to obtain consistency between the Zoning and Future Land Use Maps. At that time, Lots 1-5 were rezoned from GC to PC (Planned Commercial) along with other commercial properties abutting Federal Highway, directly to the south, while the balance of the property remained zoned RM. However, the PC zoning designation was inconsistent with the Transitional land use designation. In February 1991, as part of the City's annual Comprehensive Plan Amendment 91-1, the owner of Lots 1-5 (Mr. Levy) sought a land use change from Transitional to General Commercial. On April 22, 1991, the Planning and Zoning Board recommended approval of the Future Land Use Map amendment from Transitional to General Commercial. However, on April 30, 1991, the City Commission denied the request. On July 9, 1991, the City Commission initiated a zoning change for Lots 1-5 from PC to POD (Professional and Office District) or another zoning designation consistent with the Transitional land use designation. The rezoning also included Lots 6-10, Block 24 (Paton property), which were also previously-utilized by the Auto Ranch dealership; and-Lots 1-12 and Lots 26 and 27, Block 25 (Colombi property), which contained commercial' uses (i.e. insurance office, limousine service, pool/spa/diving supply retail use). At its meeting of August 19, 1991, the Planning and Zoning Board recommended denial of the rezoning from PC to POD, as the Board felt it was more appropriate to amend the Future Land Use Map to General Commercial and increase the depth of the commercial properties to allow for a well-planned commercial development. On September 10, 1991, the City Commission approved the rezoning from PC to POD. On October 5, 1992, Barbara and Stanley Levy, owners of the subject property filed suit in the Circuit Court of Palm Beach County against the City of Delray Beach to have the property rezoned for an auto related use. In order to avoid a trial, the two parties entered into an agreement. On May 14, 1996, a Settlement Agreement between Barbara and Stanley Levy and the City of Delray Beach was executed which states that the applicant will seek approval to establish either (I) vehicle sales, rental and leasing, with no service component; or (11) a '- ...... ~ vehicle wash establishment and detailing, with no two uses being conducted at any one time. The City agreed to process a Future Land Use Map Amendment and Rezoning to SAD (Special Activities District) with an attendant site plan. On July 3, 1996, a request for a Future Land Use Map amendment from Transitional to General Commercial, and rezoning from POD and RM to SAD Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 3 (Special Activities District) with an attendant sketch plan were submitted and are now before the Board for action. ~[~,,~ ~.'.~.~-'.':'--~,! .'.~¥~ ~'.'. ~::.~ ~ :::::.~:~,:~.-:..'-:,;+ ~!~ .~. ~3:~---. ~ ~ ~' ,~-~.~ :~'~.'~..-~ ~ .' ~:.:.l;~:.::...~..:~ .'~':.::e:,. ~ .'~[:.'.~:.'.:::'~ ~.-'~ ~ :.:.-~.': '.'--'-: :~:,'-:::. :::. :.'~--.P.:'.. :: ..:~ .~. ~.:~.~:.': ~:-::.~ :::-~. ~.' ~ ~:~."..~ .":::::::.:::::::~ The proposal is to change the Future Land Use Map designation from Transitional to General Commercial and rezone the property from POD (Professional and Office District) and RM (Medium Density Residential) to SAD (Special Activities District). The proposed permitted uses to be conducted on the subject property, and the associated restrictions am as follows: !.' Vehicle sales, rental and leasing, with no service component; Il. Vehicle wash establishment and detailing. Only one Permitted Use may exist on the property at any one time. This development proposal is to establish a vehicle sales, rental and leasing facility, with no service component, consisting of the following: El Removal of the existing concrete fence on the east half of the property; El Construction of a 900 sq.ft, building addificSn to the east side of the existing 600 sq.ff, structure; I~ Reconfiguration of the existing parking ama and installation of a new parking ama on the east side of the property to accommodate a total of 88 parking spaces, 46 of which am bullpen spaces, and a loading area; El Installation of site lighting throughout the site; cl Construction of Fladell's Way and Avenue G to City Standards, with a turnaround area to be provided at the east end of Fladell's Way; Ei Construction of a 6' high wall along the east, south, and a portion of the west sides of the property; and, I~ Installation of a dumpster enclosure and associated landscaping to meet code~ The proposal involves waiver requests regarding the right-of-way dedication [LDR Section 5.1.3(D)(2)] and installation of a sidewalk [LDR Section 6.1.3(B)]. Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 4 ~ ?~.~.:~::~:~??.?~:~?::~:~:~.:~?~¥:~..`~``:~.:~.~?:~.~?~?~.~.~¥.~?~`~:~?~:.~?~.~:~;~?~.~.~` '";'~i"'"~j"~;''':I;'-~''' !%~':'i~'"%.-'[~i This Future Land Use Map Amendment is being processed as a Small Scale Development pursuant to Florida Statutes 163.3187. This statute states that any local government comprehensive land use plan amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendment (twice a year), subject to the following conditions: [3 The amendment does not exceed either 10 acres of nonresidential land or 10 acres of residential land with a density of 10 units per acre or less; [3 The cumulative effect of the amendments processed under this section shall not exceed 60 acres annually; and, The proposed amendment does not involve the same owner's property within 200 feet of property granted a change within a period of 12 months. The land use map amendment involves 1.086 acres, thus the total area is less than the 10 acre maximum for nonresidential land uses. This amendment along with other small-scale amendments processed this year will not exceed 60 acres. This property has not previously been considered fora land use amendment nor have any of the same property owner's properties been granted a land use change within 200 feet or within the last year. 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 suits the community's future development, the following shall be adhered to: [3 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 an~l 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 NoE. 6th Street, except within the area Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 5 lying east of Federal Highway north of N.E. 8th Street, or parcels fronting on N.E. 8th Street (George Bush Boulevard), 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. 13 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. The development proposal is inconsistent with this Policy, as the subject property is located east of Federal Highway, south of N.E. 6th Street, and is the establishment of a vehicle sales, rentals and leasing, on property which is not currently zoned for auto use. However, LDR Section 3.1.1(C)(Consistency), states that a finding of overall consistency can be made even though the action will be in conflict with some performance standards within Article 3.3 of the Land Development Regulations, provided the approving body specifically finds that the beneficial aspects of the proposed project outweighs the negative impacts of the identified points of conflict. Rezoning of the property to accommodate an auto related use, which was the previous use of the property, will provide for the re- occupation of and significant upgrades to a blighted property which has been in disrepair for many years. Thus, at its meeting of May 5, 1996, the City Commission determined that the positive aspects of the proposal outweigh the negative impacts, and that the overall terms of the settlement agreement are consistent with the Comprehensive Plan. It is appropriate for the Board to make the same finding at this time. Future Land Use Element Objective. 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. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed use. The property has been disturbed and is partially developed with a 600 sq.ft, building and asphalt parking area on the northwest portion of the property. The south and east portions of the property are primarily vacant and are to be improved and utilized for parking associated with the proposed vehicle sales, rental and leasing facility. The proposed zoning of SAD is very specific with regard to the uses that may be Planning and Zoning Board Staff Report Levy Commercial Properly - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 6 conducted on the property. The proposed SAD zoning and its potential uses of (I) vehicle sales, rental and leasing, with no service component; or (11) a vehicle wash establishment and detailing, will be complementary with the adjacent commercial properties to the north, south and west, and ca.n'..be developed in a manner that should not adversely impact the residential properties to the east. The entire site is to be upgraded to meet current development standards, thus the proposal will fulfill the City's need to eliminate blight on properties. Future Land Use Element Policy A-1,6 - To encourage redevelopment of the City's Central Business District, Future Land Use Map amendments to Commercial designations in outlying areas of the City's Planning Area, shall not be considered. This Policy was intended to prevent large-scale planned commercial developments such as shopping centers, which could house major retail tenants that would compete with the downtown. The FLUM amendment is for a parcel of land which is slightly over an acre and cannot support a large retail development. The amendment is to accommodate auto related uses which are not permitted within nor will they compete with the redevelopment efforts in the City's Central Business District. Based upon the above, the proposal is consistent with this Policy. Traffic Element Policy C-1.1 - Through and nonresidential traffic travel shall be limited and/or restricted in stable residential areas. Based upon the proposed parking layout, access to the site will be taken primarily from the driveway located on Federal Highway. Secondary access points will be located on Avenue G and Fladell's Way (Avenue F). Fladell's Way dead-ends just east of the site with no-access proposed from the residential properties to the east. Avenue G provides access to the stable residential area east of the subject property and intersects with Federal Highway, a commercial corridor to the west. The majority of the traffic associated with the commercial use, however, will access the site from Federal Highway and vice versa to exit the site. Thus, there should be minimal traffic impacts on the stable residential area to the east. LAND USE ANALYSIS: Pursuant to Land Development Regulations Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 7 The proposed General Commercial land use designation will allow the following zoning classifications: GC (General Commercial), PC (Planned Commercial), AC (Automotive Commercial), NC (Neighborhood Commercial), POC (Planned Office Center), POD (Professional and Office District), RT (R.esort Tourism), CF (Community Facilities), OS (Open Space), OSR (Open Space and Recreation), and SAD (Special Activities District). In conjunction with the Future Land Use Map amendment to General Commercial, a rezoning to SAD (Special Activities District) is being sought. The FLUM amendment to General Commercial and rezoning to SAD are being processed concurrently to facilitate the establishment of a vehicle sales, rental and leasing facility, with no service component, on the subject property. Pursuant to LDR Section 4.4.25(A), the SAD zoning is deemed consistent with any land use designation on the Future Land Use Map, including the proposed General Commercial designation. Further, the uses allowed within a specific SAD shall be consistent with the land use category shown on the Future Land Use Map. The proposed uses: (I) vehicle sales, rental and leasing, with no service component; or (11) a vehicle wash establishment and detailing are consistent with the proposed General Commercial land use designation. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. Ad_iacent Land Use Map Designations, Zoning Designations & Land Uses: North: North of the property has a Future Land Use Map designation of General Commercial and is zoned AC (Automotive Commercial). The existing use of the property is the Ralph Buick automobile dealership. South: South of the property has a Transitional Land Use Map designation and is zoned POD (Professional and Office District) and RM (Medium. Density Residential). The existing use of the properties are a vacant portion of the Auto Ranch dealership (POD), vacant single family home and a duplex (RM). East: East of the property has a Transitional Land Use Map designation and is zoned RM (Medium Density Residential). The existing use of the properties are vacant land which currently owned by the Levy's and a duplex. As part of the Settlement Agreement, the Levy property is to be restricted to residential use. ~ ...... . West: West of the property, across Federal Highway, has a Future Land Use Map designation of General Commercial and is zoned AC (Automotive Commercial). The existing uses are J.D. Byrider used car sales, and a commercial building containing an auto security business and two vacant bays. Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 8 Allowable Land Uses: Under the current Transitional FLUM designation, office and neighborhood commercial developments (POC, POD, RO, and NC) are. allowed as well as residential zoning districts which accommodate single family and multiple family units (R-1-A thru R-l-AAA, RL, PRD, and RM). A portion of the property is currently zoned POD which allows business and professional office uses, and a portion is zoned RM which accommodates residential uses. Under the proposed General Commercial FLUM designation, commercial developments are allowed in the following zoning districts: GC, PC, NC, AC, RT, POC and POD. The applicant has requested a zoning designation of SAD (Special Activities District), which is to accommodate vehicle sales, rental and leasing, with no service component; and, a vehicle wash establishment and detailing. These uses are not considered high intensity commercial uses such as gasoline stations, convenience stores, and fast food restaurants. Any requests to provide additional uses, must be processed as a modification to the Settlement Agreement and SAD ordinance, thus, requiring a public hearing with final action by the City Commission. .Land Use C.ompatibility: As described in the Future Land Use Element of the Comprehensive Plan, the Transitional Land Use Map designation is applied to land which is developed, or is to be developed, for either residential or nonresidential uses. In some instances, this designation provides for a transition between less intensive residential use and commercial uses. In other instances, this designation allows the establishment of uses which are compatible with adjacent residential uses. The proposed General Commercial Land Use Map designation is to be applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. The Federal Highway corridor is developed with primarily auto related and retail uses. The adjacent properties to the south and east have a Transitional Land Use Map designation, are zoned RM (Medium Density Residential) and POD (Professional and Office District), and contain a vacant single family home, a duplex and a vacant asphalt parking area, which was previously occupied by -_ .... Auto Ranch. Compatibility with the adjacent residential development has been addressed through the proposed site improvements. There is a 6' high c.b.s. wall proposed along the east, south and west property lines to separate the subject property from the adjacent residentially zoned properties. Further, where the subject property abuts the residential properties trees are to be provided every 25' to form a solid tree line. However, there are concerns with regard to Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 9 the intensity of lighting adjacent to the residential properties. It appears that the lighting within the display and bullpen parking areas, will exceed the maximum 100 foot-candles which is not permitted. While the display spaces may have a maximum 100 foot-candles, they cannot exceed 50 foOt-candles after 11:00 p.m. Further, the bullpen spaces, which abut the residential property, cannot exceed 40 foot-candles at any time. Thus, the site lighting must be reduced accordingly. While a plan has been submitted which shows potential illumination areas, a photometrics plan must be submitted which indicates foot-candle points, including the maximum and minimum foot-candle point, average foot-candle per minute as well as the maximum foot-candle per minute. 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: Water service currently exists via a service lateral connection to an 8" water main within Frederick Boulevard. Adequate fire suppression is provided via an' existing fire hydrant at the northwest corner of the site, adjacent to Federal Highway. Sewer service currently exists via a service lateral connection to an 8" main within Frederick Boulevard. Pursuant to the Comprehensive. Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: A portion of the site is currently developed with a 600 sq.ft, building and asphalt parking areas. Drainage is currently retained on-site site via an exfiltration system. The proposal calls for the construction of a 900 sq.ft, building addition~. ........ . and the installatio.n qf additional parking, which will sheet flow to proposed swale areas. The FLUM amendment and rezoning will not negatively impact this existing situation. Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 10 Traffic: Under the current Transitional FLUM designation, the maximum development potential would be 11,827 sq.ft, of retail generating 1,031 av. er. age daily trips [NC (Neighborhood Commercial) zoning]. However, with development under the current POD office designation a maximum of 14,192 sq.ft, of office generating 321 average daily trips is possible. Under the proposed General Commercial land use and zoning designations, the maximum development potential would be a 3,000 sq.ft, fast food restaurant generating 1,327 trips. Thus, the FLUM amendment and rezoning have the potential to create a traffic increase. However, the current development proposal is to establish auto sales, leasing and rentals which will generate a total of 39 tdps. A letter has been provided by the Palm Beach County Traffic Division stating that the proposal is in compliance with the Palm Beach County Traffic Performance Standards Ordinance. As South Federal Highway is over capacity, any future proposal to establish a use that has a greater vehicle trip generation rate than the proposed vehicle sales, leasing and rentals facility, must be accompanied by a traffic impact study to be reviewed by the Palm Beach County Traffic Division for compliance. Parks and Recreation: Park and dedication requirements do not apply to nonresidential uses. Thus, · there will be no impact on this level of service standard. Solid Waste: Trash generated each year by the proposed commercial use would be equal to or slightly greater than trash generated from the uses allowed by the applicable zoning districts of the Transitional land use designation (POC, POD, NC). The development of these properties under the General Commercial land use designation should not create an adverse impact on this level of service standard. ~"" ~'"':::;:::::::;:>.::; .~ :::!.;.~i:i~i;:::::;:;::::::::: ~.;:i::'.::.:::::.~::::::~ :.'::~;:::::"::::.'>-::;.'~:::-~':.<:>-:::' '"'"':::::'"":'"::::' >:-';'': ~;;;~'"' ~ ~ :::::: '~'' ~ ' '.~:>,' >.-'..".'.:'~' "'"' ~ '"~:",,'.::'::;.<:' ':;:::;"~:::.':;'"-:~:.':.':~:;.:~!::::~:::-'::.':'~:~.::.:'.2..>~ ~.-'.?~:~:::~:~:j~,~:~' 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, Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 11 Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive .Plan Consistency were previously discussed under the Future Land Use Map Analysis section of this report. Compliance with respect to Compliance with the Land Development Regulations (Standards for Rezoning Actions, Rezoning Findings) are discussed below. 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 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 property is currently.developed adjacent to Federal Highway with the south portion being vacant. The proposal aggregates additional land to increase the property's depth and provide for a well-planned development. While the underlying General Commercial designation allows for strip commercial zoning, the proposed SAD zoning is to accommodate auto related uses. (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 properties to the north, and west are commercial in character and are zoned AC (Automotive Commercial). To the south and east is zoned RM (Medium Density Residential) and POD (Professional and Office District). Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 12 Compatibility with the adjacent residential properties has been addressed through the site development plans. As previously stated under the Future Land Use Map Analysis of this report, there are regulations in place for nonresidential uses adjacent to the res[de, ntial development which require trees every 25 feet along with a wall or hedge to mitigate impacts. However, there are concerns with regard to the intensity of lighting adjacent to the residential properties. It appears that the lighting within the display and bullpen parking areas, will exceed the maximum permitted 100 foot-candles. While the display spaces may have a maximum 100 foot-candles, they cannot exceed 50 fOot-candles after 11:00 p.m. Further, the bullpen spaces, which abut the residential property, cannot exceed 40 foot-candles at any time. Thus, the site lighting must be reduced accordingly. While a plan has been submitted which shows potential illumination areas, a photometrics plan must be submitted which indicates foot-candle points, including the maximum and minimum foot-candle point, average foot-candle per minute as well as the maximum foot-candle per minute. 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.t, 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 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 has submitted a justification statement which states the following: 'q'his application is being filed pursuant to the Settlement Agreement, dated May 14, 1996, entered into between the Applicant and the City of Delray Beach. The Applicant is of the opinion that the zoning was established in error and there had been a change in circumstances in the area regarding the intensification of commercial/auto uses which makes it Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 13 appropriate to allow the proposed use. The subject property is located along the commercial corridor of S. Federal Highway. The subject property is bordered along its entire north side by an existing automobile dealership - Ralph Buick. Directly across Federal Hi.gh..way vehicle sales, leasing, etc. is the type of use that predominates the area. Furthermore, the subject property has a long history of being used for vehicle sales, rental and leasing." Comment: Item "b" is the basis for which the rezoning should be granted. As stated above, the Settlement Agreement between the Applicant and the City has made the current zoning of POD (Professional and Office District) and RM (Medium Density Residential) inappropriate. The rezoning is to allow vehicle sales, rental and leasing, with no service component; and vehicle wash establishment and detailing with no two uses being conducted on the property at the same time. Under these circumstances, the SAD zoning is more appropriate as the zoning is site specific and allows greater control of the uses that can be conducted on the property, as well as the changes that can be made to the site development plan. Approval of the SAD zoning will result in substantial upgrades to the site, thus eliminating a blighted situation. The improvements proposed in conjunction with establishing the SAD zoning will be an inducement to the area and may encourage redevelopment and development of surrounding properties. Based upon the above, it is appropriate to-establish the SAD zoning ~for this property. ~{ii~:~;:`~:~:~:~:`~:~:~::~:~:~:~;:~::~:~:::::::::::::::::::::::::::::::::::::~Ei::~:~N~:~:~:~:~{~E~1,.5:~`*~:~'~:~:~:~*:~::::::::::::::::::::::::::::::::::::::::::: ............................. ~:~.~:-'.' :: ::::::::::-'::.:::: ::::::::::::::::::::::::::::::::::::::::::::::: :~:!:!:.::!:.:>.'-'.-':!:i:::! ~:i .'.":.::i:: .:. :, ::i:!.:.::i:~::.: .i:.":;::.:-:.:. ~:i:.::i:!::.:-~::':~: ::~:~:~:~:i~:~:~:~:~i:~::~:~:~:~::~:~:~:~:~:~:~:~::i::~:~:~:~::~f~:`::~:~:~:~::~:!~1~F~:i:!::~:~:~:~`::~::~:i: ::.:.:.~.'] ~:i:.~.'.::i:~.'..':~.'.-':i:~:.":.-'~:~ ( .".':.::~: .~.-':'.-: ~ .:,~ :;:~: ~:i:~:~:~ ~.-'.'.~-E:.:::; ~:::~:~:~ ~ :!:]:~: ~.-".'~ ~ ~:i ! ~;~:E:i ~.'.: ~-~ COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. The site plan is being processed concurrently with a proposal to rezone the property to SAD (Special Activities DiStrict) to accommodate auto sales, leasing and rentals, with no repair component. Thus, the proposal is being reviewed under both the SAD and AC (Automotive Commercial) zone districts, which ever is more restrictive. S~ecial Landscape Setbacks Pursuant tO ~ection 4.3.4(H)(6)(b) (Special Landscape Setbacks), along Federal Highway, a single frontage lot with a depth between 251' and 300' requires a 20' landscape setback. As the average depth of the subject property is 260', a 20' landscape strip is required and a 5' wide buffer Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 14 currently exists. The proposal is to remove existing asphalt and provide a 15 foot landscape buffer. As the entire site is being upgraded to meet current s. ta0dards, the 20 foot landscape strip is required. Existing auto dealerships along this corridor, that have been through the land development process for limited site upgrades have entered into an agreement with the City stating that upon widening of Federal Highway the 20' landscape buffer will be installed. However, these dealerships have extensive swale areas along their frontage which give the pemeption of a 20 foot wide landscape buffer. Along this property's frontage, there is a minimal swale area. While increasing the landscape buffer to the required 20 feet will affect the customer parking spaces, the parking and landscaping should be modified to meet code. Right-of-Way Dedication Pursuant to Section 5.3o1(D)(2), the ultimate right-of-way widths for both Fladell's Way (Avenue F) and Avenue G is 60 feet and only 50 feet exists. Thus, a 5 foot right-of-way dedication is required. However, a reduction in the required right-of-way width may be granted' by the body having approval authority of the associated development application provided that the reduction is supported by the City Engineer; that the full dedication would constitute a hardship and all required improvements will be provided in a manner that will not endanger public safety; and, that alternative provisions are made to accommodate those features which would otherwise be accommodated within the right-of-way. The applicant has requested that the required right-of-way widths for both Fladell's Way and Avenue G be reduced to 50 feet. The City Engineer has determined that 60 feet of fight-of-way is not necessary for either street and that the required sidewalk can be accommodated within the existing 50 feet of right-of-way. Sidewalks Pursuant to LDR Section 6.1.3(B)(1), a 5 foot wide sidewalk is required along Fladell's Way and Avenue G. There are no sidewalks provided along either street. In conjunction with this proposal, the applicant will be improving both Fladell's Way and Avenue G, to the east end of the property. While the applicant will be providing a sidewalk where the subject property abuts Avenue G, the applicant has requested that the requirement to install a sidewalk along Fladell's Way be waived. Pursuant to Section 6.1.3(D)(2), where it is clear that the sidewalk system will not Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 15 serve its intended purpose the requirement for the sidewalks may be waived during site plan or plat approval, provided the waiver request is supported by the City Engineer. -. As the Fladell's Way dead-ends just east of this property, providing a sidewalk would not serve its intended purpose. Further, vehicle access to the residential properties to the east is to be provided from Frederick Boulevard, which dead-ends on the south side of the residential property. Based upon the above, it seems appropriate to not require the installation of the sidewalks with this development. Thus, the waiver request has been supported by the City Engineer. Perimeter Setbacks for SADs Pursuant to 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. Within the front and any side street setback, a 15 foot setback area shall be a landscape setback area and no pavement shall be allowed therein except for pedestrian ways and driveways which provide access to the property and which are generally perpendicular to the abutting street. This setback requirement has been met throughOut the site. Dead-End Street and Cul-De-Sacs Pursuant to LDR 6.1.2(B)(4), dead-end streets without the provision of a turnaround are prohibited. Generally, a cul-de-sac shall be required; however, in unique situations where a cul-de-sac cannot reasonably be accommodated either a "T" or "hammerhead" turnaround may be accepted by the Local Planning Agency (Planning and Zoning Board) if approved by the Fire Marshal. At the east end of Fladell's Way'a cul-de- sac, which requires a minimum 90' diameter to the outer edge of pavement, and 100' to the property line, cannot be accommodated as only 50 feet of right-of-way exists. As only two businesses will be utilizing this portion of Fladell's Way having minimal traffic, a "T" turn around is proposed. The Fire Marshal has reviewed the request and approves the use of a "T" turnaround in this situation. :. ........ . Open Space The site currently contains minimal open space. Pursuant to LDR Section 4.3.4(K), within the AC zone district 25% of open space is required and 36.18% has been provided. The proposed landscape plan represents a substantial improvement to the existing conditions. Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 16 Parking Pursuant to Section 4.6.9(C)(3)(f), automobile dealerships are required to provide 4 spaces per 1,000 sq.ft, of total floor ar?a,, eXcluding indoor display areas. Based upon the above, 6 spaces are required and 88 have been provided, 48 of which are bullpen spaces. The display spaces are provided to the north and west of the existing building. Of the 6 required spaces, 4 spaces are designated for customer use and 2 for employee spaces which complies with this code section. Site Lighting Site lighting was discussed previously in this report. In order to ensure compatibility with the adjacent residences, the site lighting must be reduced to comply with LDR Section 4.4.10(G)(6) (Lighting Restrictions). A revised photometrics plan must also be provided. Building Height Within the SAD and AC zone districts, the maximum building height is 48 feet and the improved structure, will have a height of 18 feet." Thus, the -- - requirement has been met. Site Plan Technical Items: The following are items do not require specific action of the Board, however, the items must be addressed with the submittal of revised plans. 1. While LDR Section 4.4.10(G)(1)(d) states that the proposed wall may be located 5 feet from the property line, the section of wall adjacent to Avenue G should be set back 5 additional feet (10 feet total), or designed in a manner that will prevent any site distance problems. 2. The site plan must be revised so the head of the display parking spaces on the north side of the site, coincide with the 15 ft. dimension, thereby providing the required 15 ft. setback. Section 3,1.1 (C) - Consistency {Standards for Site Plan Actions): As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 17 Section 2.4.5(F)(5) (Site Plan Findings): Pursuant to Section 2.4.5(F)($) (Compatibility Findings), in addition to provisions of Chapter Three, the approving body must.make a finding that the development of the property pursuant to the site plan will be harmonious with the adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. As previously stated under the Future Land Use Map Analysis of this report, there are regulations in place where nonresidential uses are adjacent to residential development that require trees every 25 feet along with a wall or hedge to mitigate impacts. This proposal provides trees every 25 feet as well as a wall and hedge. However, there are concerns with regard to the intensity of lighting adjacent to the residential properties. In order to ensure compatibility and meet code requirements, the site lighting must be reduced to comply with LDR Section 4.4.10(G)(6). The proposed improvements which include landscaping, parking and building upgrades will provide the upgrades necessary for a property that has been neglected for many years. These improvements will enhance rather than depreciate property values of the adjacent properties. .SAD Site Plan Modification Review and Approval Process: Substantial changes to an SAD including increases in intensity, change of uses etc. should continue to be reviewed by both the Planning and Zoning Board and the City Commission. However, minor changes to SAD site plans should not. Therefore, it is recommended that the Board remand any future modifications to this site plan for this project to the Site Plan Review and Appearance Board (SPRAB) for approval. In addition, language should be added to the SAD ordinance specifying that future modifications which are not substantial and do not deal with intensity or type of uses can be reviewed by SPRAB and processed as site plan modifications. Restrictive Convenants As part of the Settier~ent Agreement, the Levy's have agreed to record restrictive covenants for the Levy Residential Property lying east of the subject property (Lots 11-19, Block 35 and abandoned Frederick Boulevard), which will restrict the use of the property to residential uses and their customary accessory uses. This has been attached as a condition of approval of the rezoning to SAD and attendant site plan requests. Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Re. zoning from RM and POD to SAD Page 18 Abandoned Frederick Boulevard Prior to the annexation of Enclave 50, which included the subject property and properties to the east and south of the subject property, the Board of County Commissioners approved the abandonment of a portion of'F~:~derick Boulevard (via Resolution No. R-88-388), as a result of a Settlement Agreement reached with the Levy's. This resolution has not been recorded. It is noted that there is an existing water and sewer main within the abandoned portion of Frederick Boulevard for which utility easements have not been provided. Also, the Levy Residential Property consists of platted lots which do not have dedicated access as a result of the abandonment and thus, are considered land-locked. Therefore, legal access must be ensured by providing either a cross-access easement or through another manner which is acceptable to the City Attorney i.e. recorded Unity of Title. The provision of the utility easement and the cross- access easement or other manner to combine the lots which is acceptable to the City Attorney have been attached as a condition of approval. ?;h?' "~.~.~.:.;:~;;~:i: :~:~:;.::~:~ ~;.:~:l::.'~:i:;.;!:::;;;:~i:: ~:; ::~i:::;:;:-::i !:~:;.:; ~:::~::~::~:i ::~:i-? ':':~:;':':'~'~:~::'~::;'~:~::':':.: ';':':';'~::':;~':':::';'i:~.~:~;'-~:'~.::;-:::';:~':'::~:~ :i:~:;':':';.~;:';';'~;-:: ':'~:~':'i: ::':'~';'~:~? :':'::~:::~':'~'~;::~::::: The rezoning is not in a geographic area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Site Plan Review and Appearance Board if the rezoning is approved, the landscape plan and building elevations will be reviewed by the Site Plan Review and Appearance Board. Public and, Courtesy Notices: Formal public notice has been provided to property owners within a 500 foot radius of the subject property. In addition, Courtesy notices were provided to the following homeowner's and neighborhood associations: Q Tropic Isle E! Tropic Bay El Tropic Harbor Letters of objection, i~ any, will be presented at the Planning and Zoning Board meeting. Planning and Zoning Board Staff Repod Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 19 The FLUM Amendment, Rezoning to SAD and attendant site plan are being processed in response to a Settlement Agreement between.the Applicant and the City of Delray Beach. While the proposal is inconsistent with Future Land Use Element Policy A-2.4 of the Comprehensive Plan, a finding of overall consistency can be made provided the approving body specifically finds that the beneficial aspects of the proposed project outweighs the negative impacts of the identified points of conflict. Rezoning of the property to accommodate an auto related use, which was the previous use of the property, will provide for the re- occupation of and significant upgrades to a blighted property which has been in disrepair for many years. Further, positive findings can be made with respect to Chapter 3 and Section 2.4.5(D)(5) (Rezoning Findings), that there has been a change in circumstances which makes the existing POD and RM zonings inappropriate. Positive findings can be made with the Land Development Regulations provided the conditions of approval are met. The improvements will represent a significant upgrade to a property that has been in disrepair and should be an enhancement to the surrounding areas. A. Continue with direction. B. Recommend approval of the Future Land Use Map Amendment from Transitional to General Commercial, and the rezoning request from POD and RM to SAD based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Sections 2.4.5(D)(5)(b), that there has been a change of circumstances which makes the current zoning of POD (Professional and Office District) and RM (Medium. Density Residential) inappropriate. C. Recommend denial of the Future Land Use Map Amendment from Transitional to General Commercial, and the rezoning request from POD and RM to SAD based upon a failure to make positive findings with respect to Future Land Use Element Policy A-2.4 of the Comprehensive Plan, regarding the establishment of new auto uses east of Federal ~ ......... . Highway, south of N.E. 6th Street on property which is not currently zoned for auto use; Chapter 3 (Performance Standards) of the Land Development Regulations; and, LDR Section 2.4.5(D)(5). Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 20 By Separate ,Motions; A. Recommend to the City Commission approval of the Small-Scale Future Land Use Map Amendment from Transitional to General COmmercial for the Levy Property based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, and policies of the Comprehensive Plan, that the potential benefits of the development proposal outweigh the conflicts with Future Land Use Element Policy A-2.4 of the Comprehensive Plan. B. Recommend to the City Commission approval of the rezoning request from POD and RM to SAD and attendant site plan based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(D)(5) (Rezoning Findings), and Section 2.4.5(F)(5) (Site Plan Findings) of the Land Development Regulations, and policies of the Comprehensive Plan, subject to the following conditions: 1. That the proposed permitted uses to be conducted on the subject property, and the associated restrictions are as follows: I. Vehicle sales, rental and leasing, with no service component; I1. Vehicle wash establishment and detailing. II1.Only one Permitted Use may exist on the property at any one time. -.- 2. That the required 20 foot landscape setback be provided along Federal Highway; 3. That the site lighting be reduced to comply with LDR Section 4.4.10(G)(6) (Lighting Restrictions) and a revised photometrics plan submitted; 4.That appropriate utility easements be provided for the water and sewer mains within abandoned Frederick Boulevard; 5. That a cross-access easement or other manner to combine the lots acceptable to the City Attorney be executed and recorded; Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 21 6. That the restrictive covenants for the Levy Residential Property lying east of the subject property (Lots 11-19, Block 35 and abandoned Frederick Boulevard), be executed, prior to issuance of any building permits; 7. That the Resolution abandoning Frederick Boulevard be recorded; and, 8. That revised plans be submitted addressing the "Site Plan Technical Items" identified in this Staff Report. C. Approve a waiver to LDR Section 6.1.3(B)(1) to not install a sidewalk along Fladell's Way; D. Approve a waiver to LDR Section 5.3.1(D)(2) to reduce the required right- of-way width for both Avenue G and Fladell's Way to from 60 feet to 50 feet, thus waiving the requirement for this property to dedicate 5 additional feet; E. Approve the utilization of a "T" or "Hammerhead" turnaround rather than a cul-de-sac at the east end of Fladell's Way, pursuant to the Fire Marshal's recommendation. Attachments: El Appendix A El Future Land Use Map El Zoning Map El Site Plan This Report was prepared by: Jeff Costello. Senior Planner Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 22 A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard -_ Does not meet intent_This Standard will be met ?rovided the site lighting illumination is reduced to comply with LDR Section 4.4.10(G)(,6) (.See discussion on Pages 9 and 12). B. Appropriate separation of travelways is made for vehicles, bicycles, and pedestrians in a manner consistent with objective D-t of the Traffic Element. Not applicable Meets intent of standard ~ Does not meet intent C. Open Space enhancements described in Open Space and Recreation Objective B-l, are appropriately addressed. Not applicable Meets intent of standard ~ Does not meet intent D. That any street widening associated with the development shall not be detrimental upon desired character and cohesiveness of affected residential areas. Not applicable. ~ ~- ..... Meets intent of standard Does not meet intent Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 23 E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations, Not applicable ~ Meets intent of standard Does not meet intent F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable ~ Meets intent of standard X Does not meet intent G. In order to provide for more balance demographic mix, the development of "large scale adult oriented communities" on the remaining vacant land is discouraged. Not applicable X Meets intent of standard Does not meet intent ~ *o~ ~ ~TE. ~, A~D ~ CT) r~,l~Ol~.~, L 'ART, AND m~TRIC~' ~Ch IRELy ~NTo T~O~, ~), ~/M~ ~CTIwT~S L~ATED along the western edge of the right-o£-way for Frederick Boulevard; and WHEREAS, pursuant to the City of Delray Beach Land Development Regulations the Planning and Zoning Board acting as the Local Planning Agency on August 19, 1996 held a public hearing on the Lew rezoning application, and unanimously voted a recommendation of approval of the request to the City Commission, subject to conditions; and WHEREAS, the Planning and Zoning Board has determined and the City Commission concurs, that the change in zoning furthers the objectives and policie~ of the City of Delray Beach Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLOP.IDA, AS FOLLOWS: ~c, gJall~. That the following described property in the City of Delray Beach, Florida, is hereby retched and placed in the S.A.D. (Special Activities District) as defined in Section 4,4.25 of the Land Development Regulations of the City of Delray Beach, to wi: .... (-5~--' Lots 1-5, inclusive, less the west 38 feet-t/~ereof, ?nd Lots 13-24, .nc~lusi;;e, in Block 24 Del RatonPark}~nd togexher w,fl~ abandoned 10 foot aJle~..,~ing east of Lot 1-5 ~ (abandoned by resolution in O.R. Book 1754, page"~6;ndOtogether with ~M abandoned 10, foot alley east of Lot 23, (abandoned b resolut,on m O.R Book O,..~)'O0,-~'OU' 405,3, Page 7% all m Block 24 Del Raton Par~, according to the Plat thereof as I ~~ ,Floridarec°rded(thein Plat, LevyBOOkproperty,,)l 4, Page 9 of the Public Records of Palm Beach County, ~. Pri_ncjpal Uses and Structures Per:nitted: That the uses which are hereby approved as the permitted and principal uses for the Levy Property, and shall collectively constitute the SAD project for purposes of Section 4.4.25(C),{3) of the Land Development Regulations of the City, are the following uses: . ,t(~ (1) Vehicle sales, leasing, and rental with no service component, and (2) Vehicle wash estabhshment and detailing. Only one of the Principal Use-~ [(1) or (2)] ma3' exist on the Levy Property at an time. Section 3. /kccessory Uses and Structm-es: The following uses are allowed when.a pan. of, or accessory to, the Principal Uses: ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POD (PROFESSIONAL AND OFFICE DISTRICT) IN PART, AND RM (MEDIUM DENSITY RESIDENTIAL) IN PART, ENTIRELY INTO AN S.A.D. (SPECIAL ACTIVITIES DISTRICT) ZONING CLASSIFICATION; SAID PROPERTY LOCATED NORTH OF AVENUE G AND SOUTH OF AVENUE F EAST OF FEDERAL HIGHWAY (U.S.1) AND WEST OF FREDERICK BOULEVARD AND, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A SAVING CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described, is located in the City of Delray Beach, FI. and is known as the "Levy Property"; and WHEREAS, the Levy Property has historically been used for commercial motor vehicle related purposes, including sales, rental and leasing of motor vehicles; and WHEREAS, the property owner desires that the property be rezoned to SAD to allow as permitted and principal uses the following: (i) vehicle sales, rental and leasing with no service component, and (ii) vehicle wash establishment and detailing, and the property owner has filed the appropriate applications to accomplish the rezoning; and WHEREAS, the City recognizes the unique history of this site as a location for motor vehicle related business; and WHEREAS, the property owner has worked with neighboring residential associations to permit the above uses on the property, which the City and said neighborhood associations have found is compatible with the surrounding residential neighborhoods and will not create adverse impacts; and WHEREAS, the property owner has agreed to install a mitigating wall and landscaping along the western edge of the right-of-way for Frederick Boulevard; and WHEREAS, pursuant to the City of Delray Beach Land Development Regulations the Planning and Zoning Board acting as the Local Planning Agency on August 19, 1996 held a public hearing on the Levy rezoning application, and unanimously voted a recommendation of approval of the request to the City Commission, subject to conditions; and WHEREAS, the Planning and Zoning Board has determined and the City Commission concurs, that the change in zoning furthers the objectives and policies of the City of Delray Beach Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the S.A.D. (Special Activities District) as defined in Section 4.4.25 of the Land Development Regulations of the City of Delray Beach, to wit: Lots 1-5, inclusive, less the west 38 feet thereof, and Lots 13-24, inclusive, in Block 24 Del Raton Park and together with abandoned 10 foot alle/y lving east of Lot 1-5 (abandoned by resolution m O.R. Book 1754, page-6~) and together with abandoned 10 foot alley east of Lot 23, (abandoned by resolution in O.R. Book 4053, Page 744) all in Block 24 Del Raton Park, according to the Plat thereof as recorded in Plat Book 14, Page 9 of the Public Records of Palm Beach County, Florida (the "Levy Property"). Section 2. Principal Uses and Structures Permitted: That the uses which are hereby approved as the permitted and principal uses for the Levy Property pursuant to Section 4.4.25(t3)(1) and shall collectively constitute the SAD project for purposes of Section 4.4.25(C)(3) of the Land Development Regulations of the City, are the following uses: (1) Vehicle sales, leasing, and rental with no service component, and (2) Vehicle wash establishment and detailing. Only one of the Principal Uses [(1) or (2)] may exist on the Levy Property at any one time. Section 3. Accessory. Uses and Structures: The following uses are allowed when a part of, or accessory to, the Principal Uses: (1) Parking lots for customers, employees, temporary storage of vehicles awaiting vehicle preparation for delivery to customer or preparation for display, and for the display of vehicles. (2) Refuse and delivery/loading areas. (3) Storage of inventory (other than vehicles which shall be outside) either within the same structure as where the sale of goods occurs or in a separate structure on the same parcel provided that such storage facilities are not shared or leased independent of the primary commercial use of the site. (4) Vehicle preparation area. Section 4. Current and Future Site Plans. The Planning and Zoning Board recommended to the City Commission approval of the Levy site plan subject to conditions and with certain waivers. The City Commission hereby accepts said recommendation and approves the Levy site plan subject to the conditions and waivers recommended by the Planning and Zoning Board. The development of and improvements to the Levy Property shall be in accordance with said approved site plan and attendant conditions, subject to review of landscaping and elevations by the Site Plan Review and Appearance Board ("SPRAB"). The City Commission hereby makes the City's finding of compatibility required in Section 2.4.5 (F)(5) of the Land Development Regulations. The approved site plan referred to herein is the site plan prepared by James A. Johnson, Architect dated 8/13/96 as revised by site plan prepared by James A. Johnson, Architect dated 8/27/96. All amendments to the approved site plan and new site plan submissions for either of the Principal Uses shall be subject to review by SPRAB in accordance with the provisions hereof. If the City hereafter amends the Land Development Regulations to change the Board that reviews site plan applications or rezoning applications the applications which may be submitted by the property owner of the Levy Property shall be submitted to the newly designated Board instead of the Board named herein. Section 5. Establishment and Vesting: The "SAD project" for the purposes of vesting pursuant to Section 4.4.25(C)(3) of the Land Development Regulations shall include, collectively, both of the Principal Uses set forth in Section 2 above. After the approval of the pending site plan application for the Levy property to allow vehicle sales, leasing, and rental with no service component, the Levy property shall be vested for the SAD project, meaning for both of the Principal Uses set forth in Section 2 above, provided that, within 18 months (or such extended time period as may be approved by the City) from the date that the site plan approval becomes final, improvements representing twenty five percent (25%) of the total cost of all improvements to be used in developing the approved site plan have been constructed. Section 6. Special Re~lations: The following establishes special development regulations specifically for this S. A. D. in addition to those regulations as otherwise provided in the City's Land Development Regulations ("LDR"). A. Special Regxfiations 1. The main entrance and exit from the property shall be placed on U.S. 1/Federal Highway. 2. Secondary entrances/exits may be placed on Avenue G and Avenue F. 3. A six foot high wall shall be constructed and maintained along the west right-of-way line of Frederick Boulevard. 4. The wall shall be appropriately landscaped and lighted. 5. All utilities shall be placed underground. 6. All signage shall be reviewed and approved by the Site Plan Review and Appearance Board ("SPRAB"). 7. The sale, lease, or rental of automobiles on the property shall comply with the LDR Section 4.4.10(G) "Supplemental District Regulations of the AC Zoning District." Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. 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 9. That this ordinance shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on second and final reading on this the day of ., 1996 MAYOR ATTEST: City Clerk First Reading Second Reading