Res No. 127-19 RESOLU'llON NO. 127-19
A. RESOLLA.-ION OF '111F, CITY CX)MM. SSION OF "ITE, Q'IY OF
DEL RAY BEAQL FLORIDA, APPROVING A REQU`FST FOR A
C)OND171ONAL USE PURSUANT TO LAND I)EVELOPMENT
REGULNUONS OF TFM CX)DE OF ORDINANCI-,S, AND 'Ti-IF.,
COMPREHENSIVE, PLAN, TO ALLOW '111E ESTABLISHMENT OF A
NEIGHBOR11001) AUTOMOTIVE RENTAL FAC11.11Y AT 14802 S.
MILITARY 'JRAIL; PROVIDING AN EFFECTIVE DATE AND FOR
O`FHER PURPOSES.
WHEREAS,nchael E.Wood Consulumt("Agent")on behalf of Enterprise Holding,Inc.("Applicant")and
BBB Plaza Associates, UTD ("Property Owrier") submitted a Conditional Use application (2019-156-USE-PZB) to
allow the establishment of a Neigliborhood Automotive Rental Facility at, a shopping center, known as Bed Bath&
Beyond Plaza, located at 14802 S. Militan, 71radi,, Defray Beach, (P(,N: 12-43-46-13-00-000-7070) within the the
Planned Commercial Zor*District witl-Lin the Four Comers Overlay District;and
)XTIEREAS,LDR Section 2.4.5(E)(5),EstaNiAnn-r(fa Q"ion,,d U e,establishes the findings that m' addition
to provisions of Chapter 3 of the Land Development Regulations the City Comnuislion must m.ake findings
that establishing the Conditional Use will not have a significantly detrimental effect upon the stability of the
neighborhood within which it,will be located.;nor hinder development or redevelopment of nearby properties;and
WHEREAS, LDR Section 4.4.12(D)(6) allows Neighborhood Automotive Rental Facility as a Conditional
Use in the Planned Commercial 7onig district within the Four Corners Overlay District subject to the requirements
of Section 4.3.3(() and provided that the use shall not fundamentally alter the retail nature of the shopping center.
WHEREAS, the Conditional Use (2019-156-USE-PZB) was presented to the Planning and Zoning Board
([-'ZB) at a public,hearing conducted on June 17,2019,and the PZB recommended for approval 5-0;and
�W[iEREAS, the Conditional Use (2019-156-USE-PZB) was presented to the (.`�ity Cbrm-rilssion at a quasi-
Judicial hearing conducted on.July 9,2019;and
Wl-IEREAS, the City Commission has reviewed the Conditional Use to establish a Neighborhood
Automotive Rental.Facility at, 14802 S. NUtary'l'rail and has considered the respective findings for each as set forth
in theLDRs.
NOW,'THEREFORE,BE IT ORDAINED BYTHE(ITY(X.)MMISSION OF 111F,CTTYOF DEL RAY
BEACI-t FLORIDA,AS FOLLOWS:
Section 1.That the forgoing recitals are hereby incorporated herein by this reference and are approved and
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adopted.
Section I The City Cornnuission makes positive findings for granting approval of the Conditional Use to-allow a
1,983 sf.Neighborhood Automotive Rental Facility at 14802 S.Military Trail,pursuant to Land.f.)evelopment Regulations
Sections 2.4.5(E)(5)(Conditional Use Findings),4.3.3(C)(Special Regulations),Chapter 3(Performance Stand.-Xds)and the
policies of the reprehensive Plan,subject to the f ollowmig conditions:
I. A Class III Site Plan Modification shall be approved prior to establishment,of the proposed use;
2. The establishment shall operate and comply with the special regulations associated with the(1mclitional
RES NO. 1.27 19
Use request per LDR Section 4.3.3(Q.
3. Clarification of the proposed on-site method of disposal of the water runoff generated from the car wash
shall be approved by the City Engineer prior to a Board action associated with the Site Plan Modification.
4. Signage shall be provided indicating that customer pick up and drop off of vehicles is not allowed in the
rear.
Section 3.This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPIE D in regular session of ,2019.
L
M AOO R
Ka em'johnson, Clerk
k�ppro form and legal sufficiency.
Lynh, City Attorney
2
RES NO. 127-19