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Ord 09-07 {"" /' '\ ORDINANCE NO. 9-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT TO AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE EAST SIDE OF DIXIE HIGHWAY, APPROXIMATELY 1,250 FEET SOUTH OF GULF STREAM BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, MARCH 2006"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated March 2006, as being zoned GC (General Commercial) District; and WHEREAS, at its meeting of February 26, 2007, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 4 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of AC (Automotive Commercial) District for the following described property: (' / '\ Lot 1, P.B.T. Replat No 1, according to the Plat thereof on File in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 94, Page 71. Section 3. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. 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 6. That this ordinance shall become effective immediately upon passage on second and final reading. "KA~~' ~ND ADOPTED in regular session on second and final reading on this ~y of ~s:..b. ,2007. ~f~ ArrEST: ~~~ 'D. ~~ City Clerk First Reading 3\C5 \0\ 1I ... Second Reading 3 \ ~ \) \ (), \ \. 2 ORD NO. 9-07 J . . j MEMORANDUM FROM: MAYOR AND CIlY COMMISSIONERS CIlY MANAGER fjt /1 , ~ AGENDA ITEM # 10. E - REGULAR MEETING OF MARCH 20, 2007 ORDINANCE NO. 9-07 TO: SUBJECT: DAlE: MARCH 16, 2007 This ordinance is before Commission for second reading and quasijudicial hearing for rezoning of a 0.78 acre parcel of land from GC (General Commercial) to AC (Automotive Commercial) for Delray Cycle, located on the east side of Dixie Highway, approximately 1,250 feet south of Gulf Stream Boulevard. At the first reading on March 5, 2007, the Commission passed Ordinance No. 9-07. Recommend approval of Ordinance No. 9-07 on second and final reading. S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 9-07 Rezoning Delray Cycle 03.20.07.doc 61< y:y SUBJECT: DAVID>>~~ANAGER PAUL b6RLlNft ~,~~R OF PLANNING AND ZONING ESTEUO BRElb, SENIOR PCINNER MEETING OF MARCH 5, 2007 CONSIDERATION OF A PRIVATELY INITIATED REZONING FROM GC (GENERAL COMMERCIAL) TO AC (AUTOMOTIVE COMMERCIAL) FOR DELRAY CYCLE, A 0.78 ACRE PARCEL LOCATED AT 2455 NORTH OLD DIXIE HIGHWAY APPROXIMATELY 1,250 FEET SOUTH OF GULF STREAM BOULEVARD. TO: THRU: FROM: On August 22, 1989, the subject property was annexed with a GC zoning designation as part of the North Federal Highway annexations via Ordinance 43-89. On July 25, 2001 the Site Plan Review and Appearance Board approved a Class V site plan, landscape and architectural elevations for Delray Cycle (a retail shop selling motorcycle parts and accessories) on the 0.78 acre parcel fronting Dixie Highway. The facility was constructed and has been operating since. At its meeting of February 26, 2007, the Planning and Zoning Board held a public hearing to consider a rezoning request from GC (General Commercial) to AC (Automotive Commercial). The rezoning is being sought to convert a portion of the existing building from retail sales (motorcycle parts) to motorcycle sales and motorcycle repair. A separate Conditional Use request is being processed to allow the repair aspects of this operation. .; At its meeting of February 26, 2007, the Planning and Zoning Board held a public hearing in conjunction with the AC rezoning request. No one from the public spoke either in support or opposition to the request. After reviewing the staff report and discussing the proposal, the Board voted 4-0 (Joe Pike stepped down) to recommend approval of the rezoning request to the City Commission, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations. Approve on first reading Ordinance 9-07 for a rezoning from GC (General Commercial) to AC (Automotive Commercial) for Oelray Cycle, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Oevelopment Regulations, with second reading to occur on March 20, 2007. Attachments: Proposed Ordinance & Planning and Zoning Board Staff Report of February 26, 2007 /Z.A ORDINANCE NO. 9-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT TO AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE EAST SIDE OF DIXIE HIGHWAY, APPROXIMATELY 1,250 FEET SOUTH OF GULF STREAM BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, MARCH 2006"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated March 2006, as being zoned GC (General Commercial) District; and WHEREAS, at its meeting of February 26, 2007, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 4 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies ofthe Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of AC (Automotive Commercial) District for the following described property: Lot 1, P.RT. Replat No 1, according to the Plat thereof on File in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 94, Page 71. Section 3. That the Planning and Zoning Director of the said City shall, upon the effective date ofthis ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. 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 6. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of ,200_. ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD NO. 9-07 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: February 26,2007 IV.C. Rezoning from GC (General Commercial) to AC (Automotive Commercial) for a 0.78 acre parcel of land located at 2455 N. Old Dixie Highway, approximately 1,250 feet south of Gulfstream Blvd. Agent.............................. Miller Land Planning Consultants Applicant......................... DCI, LLC Location.......................... 2455 North Federal Highway Property Size.................. 0.78 Acre Future Land Use Map..... General Commercial Current Zoning............... GC (General Commercial) Adjacent Zoning....North: GC (General Commercial) East: GC (General Commercial) South: GC (General Commercial) West: CF (Community Facilities) Existing Land Use.......... Delray Cycle, sale of motorcycles parts and accessories. Proposed Land Use........ Delray Cycle, full service motorcycle repair in conjunction with sale of motorcycles and motorcycle parts and accessories. Water Service................. Available via connection to an existing 8" water main on the east side of Dixie Highway. Sewer Service................ Available via connection to an existing 8" sewer main on the east side of Dixie Highway. GENERAL DATA: N Ive. The action before the Board is that of making a recommendation to the City Commission on a privately-initiated rezoning from GC (General Commercial) to AC (Automotive Commercial), for Delray Cycle pursuant to LDR Section 2.4.5(D). The subject property is located at 2455 N. Old Dixie Highway, in Delray Beach, approximately 1,250 feet south of Gulfstream Boulevard. Pursuant to Section 2.2.2(E) (6) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to the rezoning of any property within the City. The subject property involves the west portion of Lots 6, 7 & 8, Delray Beach Estates Subdivision, and contains. 78 acres. The subject property is a portion of an overall 2.35 acre property containing an existing commercial building with associated parking, which is currently occupied by Badcock Furniture. The western portion of the site was subdivided into a separate 0.78 acre site for Delray Cycle, a retail motorcycle accessory store. On August 22, 1989, the subject property was annexed with a GC zoning designation as part of the North Federal Highway annexations via Ordinance 43-89. The western portion of the site was subdivided into a separate 0.78 acre site for Delray Cycle. On July 25, 2001 The Site Plan Review and Appearance Board approved the Class V site plan, landscape and architectural elevations for Delray Cycle (a retail shop selling motorcycle parts and accessories). A rezoning request has been submitted by Miller Land Planning Consultants for a rezoning of the property from GC (General Commercial to (AC) Automotive Commercial to allow motorcycle sales and motorcycle repairs as part of their operation. The repair aspect of the request is being considered at a conditional use application on the same agenda. This rezoning request, is now before the Planning and Zoning Board for action. The proposal is to change the zoning designation of the property from GC (General Commercial) to AC (Automotive Commercial). Pursuant to the LDR Section 4.4.10(B), within the AC zone district, the sale, lease, or rental of motorcycles is a permitted use and repair facilities are allowed as a conditional use. As vehicle repair and motorcycle sales are not allowed uses under the GC zoning designation, a rezoning to AC is being requested. 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, P & Z Staff Report - Meeting Date: 02126/07 Delray Cycle Rezoning - GC to AC Page 2 Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. FUTURE LAND USE MAP: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map (FLUM) designation of GC (General Commercial) and is currently zoned GC (General Commercial). The proposed AC zoning designation (Automotive Commercial) is consistent with the GC Future Land Use Map designation, and the AC zoning category allows automotive related uses. The proposal is to operate a full service motorcycle sales and service facility. Pursuant to the LDR Section 4.4.10(B), within the AC zone district, the sale, lease, or rental of motorcycles is a permitted use and repair facilities are allowed as a conditional use. A conditional use application has been submitted and is being processed in conjunction with this rezoning request. Based upon the above, positive findings can be made with respect to Future Land Use Map Consistency. Concurrency: Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach. The development proposal is to convert a portion of the building from motorcycle accessory sales to motorcycle sales and service. This conversion will not have a negative impact with respect to concurrency as it relates to traffic, parks and recreation, solid waste, drainage or schools. o Water service is provided via a service lateral connection to the existing 8" main along the east side of Dixie Highway. o Sewer service is provided via a service lateral connection to the existing 8" main along the east side of Dixie Highway. o Adequate fire suppression is provided as a fire hydrant is located on the west side of the property within the Dixie Highway right-of-way. Pursuant to the City's 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 standards. Traffic: Delray Cycle is an existing business, located at 2455 N. Old Dixie Highway, in Delray Beach. The site is a 0.78-acre tract and the existing one story building has a gross floor area of 5,929 square feet. There will be no additions made to the building. Even though the building fronts on Old Dixie Highway with two driveways, there is also legal access off Federal Highway through the Badcock Furniture Store parking lot, which is directly east of the Delray Cycle property. P & Z Staff Report - Meeting Date: 02/26/07 Delray Cycle Rezoning - GC to AC Page 3 The owner has requested a re-zoning from General Commercial (GC) to Automotive Commercial (AC) with a conditional use request to conduct motorcycle repair in conjunction with motorcycle sales. The Delray Cycle presently just sells accessories for motorcycles. This use is considered the same as Automobile Parts Sales, (ITE Code 843) as contained in the 7th Edition, Trip Generation Manual by the Institute of Transportation Engineers. The new use will result in a conversion of a portion of the motorcycle parts sales area into motorcycle sales and repair. The trips generated by the proposed mix of uses is 255 ADT with an A.M peak hour of 13 trips and a P.M. peak hour of 26 trips. This results in a net decrease of 94 ADT and nine (9) P.M. peak hour trips. There is no change in the A.M. peak hour trips Parks and Recreation Facilities: Park dedication requirements do not apply for non-residential uses. Solid Waste: The proposal calls for construction of a 5,929 sq. ft. retail building. Trash generated each year by the existing 5,929 sq.ft. retail building is equivalent to 30.6 tons of solid waste per year [5,929 sq.ft. x 10.2 Ibs. = 60,476 Ibs.l2,000 = 30.2 tons]. A properly screened dumpster is currently located on the northeast side of the property. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2021, thus a positive finding with respect to this level of service standard can be made. Consistency: A finding of overall consistency may be made even though the action will be in conflict with some individual performance standards contained within Article 3.2, provided that the approving body specifically finds that the beneficial aspects of the proposed project (hence compliance with some standards) outweighs the negative impacts of identified points of conflict. Section 3.2.2 (Standards for Rezonina Actions): Standards A, B, C, and E are not applicable. The applicable performance standards of Section 3.2.2 are as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use 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 following zoning designations and uses border the property: Zonin2 Desi2nation: Use: North: General Commercial (GC) Ellie's Diner Restaurant South: General Commercial (GC) Retail Establishment and a Vacant Single Family Structure East: General Commercial (GC) Babcock Furniture West: Community Facilities (CF) Atlantic High School P & Z Staff Report - Meeting Date: 02126/07 Delray Cycle Rezoning - GC to AC Page 4 The Old Dixie Highway and North Federal Highway corridor contains a mix of uses including retail, office, office-light industrial, and residential. The motorcycle parts sales building is located along Dixie Highway with the building's entrance situated on the south side of the building. The full service motorcycle repair component will be compatible with the existing commercial development on the north, south and east. The proposed commercial use is consistent with the City's North Federal Highway Redevelopment Plan, which includes the subject property. The building is located adjacent to Old Dixie Highway and Federal Highway in accordance with the neo-traditional principals ascribed to this area. A similar use (Autobahn Dealership) is located approximately 200 yards to the north of the subject property without any known conflicts to neighborhood. Incorporating the full service motorcycle repair component in conjunction with the sale of motorcycles and accessories will further the goal of the redevelopment plan for this area and will have a positive effect on the economic stability of the neighborhood. The proposed use will provide further impetus for the redevelopment of the North Federal Highway corridor. Section 2.4.5(D) (5) (Rezoning Findings): Pursuant to Section 2.4.5(D) (5) (Findings), in addition to provisions of Chapter 3, 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 andlor neighborhood. The applicant has submitted a justification statement, which states the following: "Reason C has been met because the requested zoning if of similar intensity as allowed under the Future Land Use Map and is more appropriate for the property based upon the circumstances particular to the site and the neighborhood. The current site is currently a parts and accessory retail store for Motorcycles, A TV's, Scooters, etc. The applicant is requesting a rezoning from General Commercial (GC) to Automotive Commercial (AC) in an effort to expand the existing business to include the sale and repair of motorcycles. Objective A-1 of the Future Land Use Element of the Comprehensive Plan states that property shall be redeveloped in a manner so that the use and intensity is appropriate and complimentary to adjacent land uses and fulfills remaining land use needs. The adjacent land is occupied by Borton Volvo and Volkswagon, which are full service automotive dealerships and subsequently are within the (AC) zoning district. An AC zoning designation would be complimentary to the surrounding auto dealers. 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: P & Z Staff Report - Meeting Date: 02126/07 Delray Cycle Rezoning - GC to AC Page 5 Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. The proposed AC zoning will be complementary with the current uses to the north, south, and east of the property, which consist of commercial uses. Future 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 apply: 1. Auto related uses other than gasoline stations, wash establishments, and auto parts sales, shall not be permitted in the area encompassed by the CBD zone district. 2. Automobile dealerships shall not locate and/or expand in the following areas: . Within the CBD zone district; · West side of Southbound Federal Highway between George Bush Boulevard and SE 10th Street; · East side of Federal Highway, between George Bush Boulevard and the north property line of the Delray Swap Shop/Flea Market Property; · On properties fronting George Bush Boulevard, east of Federal Highway. However, on the east side of Federal Highway, south of NE 6th Street, an existing dealership may expand onto adjacent property which has an auto sales use and which is zoned AC. 1. Rezoning to AC (Automotive Commercial) to accommodate auto dealerships shall not be permitted west of 1-95. 2. Automobile dealerships shall be directed to the following areas: · North of George Bush Boulevard, between Federal and Dixie Highways; · East side of Federal Highway north of the north property line of the Delray Swap Shop/Flea Market; · South of Linton Boulevard, between Federal and Dixie Highways; · Between the one-way pairs (Federal Highway) from SE 3rd Street to SE 10th Street; and from NE 5th Street to George Bush Boulevard; · On the north side of Linton Boulevard, between 1-95 and SW 10th Avenue, and along Wallace Drive. 3. Auto related uses which involve the servicing and repair of vehicles, other than as part of a full service dealership, shall be directed to industrial/commercial areas. The subject property is located between Federal Highway and Old Dixie Highway, north of George Bush Boulevard. As noted above, this is an area of the City where automobile dealerships are encouraged to locate. The rezoning is to accommodate full service motorcycle repair component in conjunction with the sale of motorcycles and accessories and the accompanying conditional use is for the motorcycle repair portion of the request. Therefore, the proposed use is consistent with this Policy. P & Z Staff Report - Meeting Date: 02126/07 Delray Cycle Rezoning - GC to AC Page 6 Future Land Use Element Policy C-1.4 - (in summary) ...the North Federal Highway Corridor is identified as a blighted area. The North Federal Highway Redevelopment Plan was approved by the City Commission on March 16, 1999. The Plan identified the need for limited rezonings and LDR amendments, along with improvements necessary to accomplish certain redevelopment goals. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. As noted previously, the site was redeveloped for the sale of motorcycle accessories and will now add the sale and service of motorcycles. The proposal will provide economic stimulation and investment in the area and has resulted in the redevelopment of a blighted area. The proposed use will assist in the stabilization of the surrounding neighborhood and should be an inducement to further redevelopment of the Federal Highway corridor. Thus, the proposal is consistent with the objectives of the North Federal Highway Redevelopment Plan. Community Redevelopment AQency (CRA): At its meeting of February 8, 2007, the Community Redevelopment Agency (CRA) recommended approval of the rezoning request. Courtesy Notices: Courtesy notices have been sent to the following homeowner's and/or civic associations: · Carolyn Zimmerman, President's Council · Gerry Franciosa, Progressive Residents of Delray (P.R.O.D.) · Scott Christensen, Sea crest HOA · Todd Harvey, Kokomo Key · McCall Credle's Rosenthal, La Hacienda Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. The proposed rezoning from GC to AC is consistent with the goals, objectives and/or policies of the City's Comprehensive Plan, and LDR Sections 2.4.5(D) (5), 3.1.1 (Required Findings), and 3.2.2 (Standards for Rezoning). Positive findings can be made with respect to Concurrency and Compatibility with the surrounding land uses. With regard to LDR Sections 2.4.5(D) (5) and 3.2.2 (C) and (D), the proposed rezoning of the subject property to AC is appropriate. The subject property is located within an area containing mixed-use of commercial, residential, and automotive uses. Both the current zoning of GC and the proposed rezoning of AC are appropriate zoning designation for the property based on the FLUM designation of GC. Based upon the above, a recommendation of approval can be made to the City Commission. P & Z Staff Report - Meeting Date: 02126/07 Delray Cycle Rezoning - GC to AC Page 7 A. Continue with direction. B. Move a recommendation of approval to the City Commission for the privately initiated rezoning from GC to AC for Delray Cycle, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the privately initiated rezoning from GC to AC for Delray Cycle, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. D. Board's Discretion. Move a recommendation of approval to the City Commission for the privately initiated rezoning from GC to AC for Delray Cycle, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. 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I I '---- \ I .J,------------., .-----. w 2: '-' ------------., I '"' _0 \ ~ ~ -j -~ ~ CIRCLE 0 N.E. 20TH ST. j tj h'j - \ _z \ I I I ~ N SUBJECT PROPERTY PROPOSED REZONING - ~ DELRAY CYCLE CITY CI TY Of DELRA Y BEACH. f"L L1MI TS FROM: GC (GENERAL COMMERCIAL) PLANNING ole ZONING DEPARTMENT 111.11.11.111 TO: AC (AUTOMOTIVE COMMERCIAL) -- DIGITAL BASE MAP SYSTEM -- MAP REf": Lt.4999C , ' 0/< l?/t/1 FROM: DAV~~~ANAGER PAUL!5~G~~ECTOR OF PLANNING & ZONING ESTELlO ~R~~OR PLANNER MEETING OF MARCH 20, 2007 CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH A FULL ,SERVICE VEHICLE REPAIR FACILITY IN CONJUNCTION WITH THE SALE OF MOTORCYCLES AND MOTORCYCLE ACCESSORIES WITHIN THE AC (AUTOMOTIVE COMMERCIAL) DISTRICT ON A 0.78 ACRE SITE LOCATED AT 2455 N. OLD DIXIE HIGHWAY WHICH IS APPROXIMATELY 1,250' SOUTH OF GULFSTREAM BOULEVARD. TO: THRU: SUBJECT: On August 22, 1989, the subject property was annexed with a GC zoning designation as part of the North Federal Highway annexations via Ordinance 43-89. On July 25, 2001 the Site Plan Review and Appearance Board approved a Class V site plan, landscape and architectural elevations for Delray Cycle (a retail shop selling motorcycle parts and accessories) on a 0.78 acre parcel fronting Dixie Highway. The facility was constructed and has been operating since. At its meeting of February 26, 2007, the Planning and Zoning Board recommended approval of a rezoning request from GC (General Commercial) to AC (Automotive Commercial). The rezoning was sought to convert a portion of the existing building from retail sales (motorcycle parts) to motorcycle sales. At its meeting of March 5, 2007, the City Commission approved, on first reading, the rezoning request from GC (General Commercial) to AC (Automotive Commercial) for the subject property. Second and final reading of the rezoning ordinance is accompanying the Conditional Use request on this agenda. Additional background and an analysis of the Conditional Use request are found in the attached Planning and Zoning Board staff report. At its meeting of February 26, 2007, the Planning and Zoning Board held a public hearing in conjunction with the Conditional Use request. No one from the public spoke either in support or opposition to the request. After reviewing the staff report and discussing the proposal, the Board voted 4-0 (Chuck Halberg and Paul Zacks absent, and Joe Pike stepped down) to recommend approval of the Conditional Use request to the City Commission, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Section 2.4.5(E)(5), and Chapter 3 of the Land Development Regulations. Approve the Conditional Use to establish a Full Service Motorcycle-repair facility in conjunction with the sale of Motorcycles and Accessories for Delray Cycle, subject to conditions outlined in the Planning and Zoning Board staff report, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(E) (5), and Chapter 3 of the Land Development Regulations. Attachments: Planning & Zoning Staff Report for February 26, 2007 Meeting 10. (. J PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: February 26, 2007 IV.D. Conditional Use request to establish a full service motorcycle-repair facility in conjunction with the sale of motorcycles and motorcycle parts and accessories for Delray Cycle. The property is located at 2455 N. Old Dixie Highway, and is approximately 1,250 feet south of Gulfstream Blvd. Agent.............................. Miller Land Planning Consultants Applicant......................... DCI, LLC Location.......................... 2455 North Federal Highway Property Size.................. 0.78 Acre Future Land Use Map..... General Commercial Current Zoning............... GC (General Commercial) Adjacent Zoning....North: GC (General Commercial) East: GC (General Commercial) South: GC (General Commercial) West: CF (Community Facilities) Existing Land Use.......... Delray Cycle, sale of motorcycles parts and accessories. Proposed Land Use........ Delray Cycle, full service motorcycle repair in conjunction with sale of motorcycles and motorcycle parts and accessories. Water Service................. Available via connection to an existing 8" water main on the east side of Dixie Highway. Sewer Service................ Available via connection to an existing 8" sewer main on the east side of Dixie Highway. GENERAL DATA: IV.D. The action before the Board is making a recommendation to the City Commission on a request for a Conditional Use, to establish a Full Service Vehicle-repair facility in conjunction with the sale of Motorcycle and motorcycle accessories, pursuant to LOR Section 4.4.10 (D). The property is located at 2455 N. Old Dixie Highway, in Delray Beach, and is approximately 1,250 feet south of Gulfstream Blvd. On August 22, 1989, the subject property was annexed with a GC zoning designation as part of the North Federal Highway annexations via Ordinance 43-89. The subject property involves the west portion of Lots 6, 7 & 8, Delray Beach Estates Subdivision. The subject property is a portion of an overall 2.35 acre property containing an existing commercial building with associated parking, which is currently occupied by Badcock Furniture. The westem portion of the site was subdivided into a separate 0.78 acre site for Delray Cycle, a retail motorcycle accessory store approved by the Site Plan Review and Appearance Board on July 25, 2007. In November 2006, a Rezoning request was submitted by Miller Land Planning Consultants. The applicant, Delray Cycle, is seeking a rezoning of the property from GC (General Commercial to (AC) Automotive Commercial to allow motorcycle sales and motorcycle repairs as part of their operation. Based on Land Development Regulations (LOR) Section 4.4.10 (B), the sale, lease, or rental of motorcycles is a permitted use, however, the repair aspects of the request is a Conditional Use. This rezoning request will be considered concurrently by the Planning and Zoning Board meeting of February 26,2007. This conditional use application is now before the Board for consideration. The request is to establish a Full Service Vehicle Repair facility in conjunction with The Sale of Motorcycles and accessories. The use of Full Service Vehicle Repair requires a Conditional use approval [Ref. LOR Section 4.4.1 O(C) (7)] within the Automotive Commercial (AC) district. The sale of motorcycles and related motorcycle repair facility will have three (3) employees and will operate Monday through Friday 9:00 - 6:00 and Sat. 9:00 - 3:00. The facility will contain a showroom of 1,200 sq. ft., repair area of 2,729 sq. ft., and storage area of 2,000 sq. ft. with total square footage of 5,929 sq. ft.. No exterior alterations of the building are being proposed. I I . " /'",', ,'" '~, . . . '.'".'.'.", '," ....... REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation). , Planning and Zoning Board Sta. aport: Meeting Date 02/26/07 Delray Cycle - Conditional Use Page 2 The subject property has a GC (General Commercial) Future Land Use Map (FLUM) designation and is zoned GC (General Commercial). The proposed AC zoning designation is consistent with the GC land use designation. The proposal is to operate a full service motorcycle repair shop in conjunction with the sale of motorcycles and accessories. Pursuant to the LOR Section 4.4.10(B), within the AC zone district, the sale, lease, or rental of motorcycles is a permitted use and the full service vehicle repair facilities is a conditional use. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. 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. Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach. The development proposal is to operate a full service motorcycle repair shop in conjunction with the sale of motorcycles and accessories. The conversion of a portion of the property from the sale of motorcycle accessories to motorcycle service repair will not have a negative impact with respect to concurrency as it relates to traffic, parks and recreation, solid waste, drainage or schools. Water and Sewer: With respect to water and sewer service, the following is noted: o Water service is provided via a service lateral connection to the existing 8" main along the east side of Dixie Highway. o Sewer service is provided via a service lateral connection to the existing 8" main along the east side of Dixie Highway. o Adequate fire suppression is provided as a fire hydrant is located on the west side of the property within the Dixie Highway right-of-way. Pursuant to the City's 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 standards. Traffic: Delray Cycle is an existing business, located at 2455 N. Old Dixie Highway, in Defray Beach. The site is a 0.78-acre tract and the existing one story building has a gross floor area of 5,929 square feet. There will be no additions made to the building. Even though the building fronts on Old Dixie Highway with two driveways, there is also legal access from Federal Highway through the Badcock Furniture Store parking lot, directly east of the Delray Cycle property. The owner has requested a re-zoning from General Commercial (GC) to Automotive Commercial (AC) with a conditional use request to conduct motorcycle repair in conjunction with motorcycle sales. The Delray Cycle presently just sells accessories for motorcycles. This use is considered the same as Automobile Parts Sales, (ITE Code 843) as contained in the 7th Edition, Trip Generation Manual by the Institute of Transportation Engineers. The new use will result in a conversion of a portion of the motorcycle parts sales area into motorcycle sales and repair. The trips generated by the proposed mix of uses is 255 ADT with an A.M peak hour of 13 trips and a P.M. peak hour of 26 trips. This results in a net decrease of 94 ADT and nine (9) P.M. peak hour trips. There is no change in the A.M. peak hour trips. Planning and Zoning Board Sta aport: Meeting Date 02/26/07 Delray Cycle - Conditional Use Page 3 Parks and Recreation Facilities: Park dedication requirements do not apply for non-residential uses. Solid Waste: Trash generated each year by the existing 5,929 sq.ft. retail building is equivalent to 30.6 tons of solid waste per year [5,929 sq.ft. x 10.2 lbs. = 60,476 Ibs./2,000 = 30.2 tons]. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2021, thus a positive finding with respect to this level of service standard can be made. Drainaae: This is an existing retail establishment that has been in operation for over four years. Drainage has been accommodated by an exfiltration system and there appears to be no problems regarding compliance with SFWMD requirements. Based upon the above positive findings can be made with respect to this level of service standard. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E) (5) for the Conditional Use request 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 making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policy was found. Future 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 suit the community's future development, the following shall apply: 4) Automobile dealerships shall be directed to the following areas: · North of George Bush Boulevard, between Federal and Dixie Highways; · East side of Federal Highway north of the north property line of the Delray Swap Shop/Flea Market; · South of Linton Boulevard, between Federal and Dixie Highways; · Between the one-way pairs (Federal Highway), from SE 4th Street to SE 10th Street; and from N.E. 5th Street to George Bush Boulevard; · On the north side of Linton Boulevard, between 1-95 and SW 10th Avenue, and along Wallace Drive. The subject property is located at 2455 N .Old Dixie Highway, in Delray Beach, approximately 1,250 feet south of Gulfstream Boulevard, which is within one of the above identified areas. The requested use will not represent an increase in the intensity of the previous use of motorcycle parts and accessory sales. Future land Use Element Policy C-1.4 states that North Federal Highway is identified as a blighted area. The City Commission at its meeting of March 16, 1999 adopted the North Federal Highway Redevelopment Plan. The goals are to provide economic stimulation and investment in the area and the creation of jobs. Delray Cycle is an established business in operation for over four years that invested into the corridor by constructing a new facility. The site was designed to provide Planning and Zoning Board Sta, Jport: Meeting Date 02/26/07 Delray Cycle - Conditional Use Page 4 a new retail component along Dixie Highway, where a large vacant portion of property existed. The Badcock Furniture site to the east also provides for a retail component along Federal Highway. The incorporation of the motorcycle sales and repair use is not inconsistent with the objectives of the Federal Highway Redevelopment Plan, nor with the redevelopment efforts of the area geared to the creation of new jobs and economic revitalization. Based on the above, Delray Cycle complies with the North Federal Highway Redevelopment Plan. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E) (5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The following zoning designations and uses abut the subject property: Zonina Desianation: Use: North: General Commercial (GC) Ellie's Diner Restaurant South: General Commercial (GC) Vacant SinQle Family Unit East: General Commercial (GC) Babcock Furniture West: Community Facilities (CF) Atlantic High School The proposed motorcycle sales and full service motorcycle repair facility will be compatible with the adjacent retail establishment and auto related commercial uses in the vicinity. The applicant has indicated that Delray Cycle will operate Monday through Friday, 9:00 a.m. to 6:00 p.m. and Sat. 9:00 - 3:00. Pursuant to LOR Section 4.4.10(G)(4)(a), repair facilities and paint and body shops shall be located at least 100 feet from any residentially zoned lot. The existing sale of motorcycles, accessories and full service repair building complies with the location requirement, as it is located approximately 300' from the closest residentially zoned property on the west side of the FEC Railroad right-of-way. Pursuant to LOR Section 4.4.1 0(G)(5)(e), dealers are prohibited from using residential streets for the testing of vehicles after servicing and for the demonstration of vehicles. The property is located between Federal Highway and Old Dixie Highway, which are used primarily for commercial traffic. A condition of approval is attached that restricts the motorcycle dealer from using residential streets for the testing of motorcycles after servicing and for the demonstration of motorcycles before sale. Therefore, subject to the condition of approval, a positive finding can be made that the proposed conditional use will not have a detrimental effect on the stability of the neighborhood nor that it will hinder development or redevelopment of nearby properties. COMPLIANCE WITH THE 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. LOR Section 4.3.4(K) Develooment Standards Matrix: The following table indicates that the proposal complies with LOR Section 4.3.4(K) and Section 4.4.10 as it pertains to the AC zone district. Planning and Zoning Board Staeport: Meeting Date 02/26/07 Delray Cycle - Conditional Use Page 5 Reauired Provided Buildino Heioht (max.) 48' 25' Buildina Setbacks (min.)- Front 15' 30' Side (Interior) 10' 78' & 95' Side (Street) 15' N/A Rear 10' 25' Ooen Soace 25% 37% LOR Chapter 4.6 Supplementary District Reaulations: Parking: Pursuant to LDR Section 4.6.9(C)(3)(a), the proposed 5.929 square foot motorcycle parts sales and full service repair building requires 27 parking spaces [5,929/1,000 x 4.5 = 26.7], and 27 spaces have been provided (25 standard spaces and 2 handicap accessible spaces). Pursuant to LDR Section 4.6.9(C)(3)(f), vehicle sales and rental, including auto sales, auto rental agencies, recreational vehicle sales and rental, and truck sales and rental, shall provide 4 spaces per 1,000 sq.ft. of total building(s) area, except indoor display areas. Required parking spaces shall be designated for employee, customer, and/or service use at the standard of, at least, 1.5 spaces per service bay and 2 spaces per 1,000 sq.ft. of floor area (less indoor display area). Any remaining spaces may be used for display purposes. This particular LDR requirement is not applicable since Delray Cycle deals with motorcycle parts and accessories sales in conjunction with full service motorcycle repair as opposed to auto sales. It is noted that the 4.5 parking spaces per 1,000 sq. ft. of retail area being applied to the subject property is a more stringent requirement than the 4 parking spaces per 1,000 sq, ft. required by LDR Section 4.6.9(C)(3)(f). Therefore, no issues are anticipated with respect to parking. Automotive Commercial Supplemental District Reaulations rLDR Section 4.4.10(Gl1: Outside Display Areas: The conceptual site plan indicates that there will be no outdoor display areas and no parking spaces have been designated as an out-side display area. Therefore, a condition of approval is attached that no out-side display area for motor-cycles is allowed in the property. Locational Restriction: Pursuant to LDR Section 4.4.10(G)(4)(a), repair facilities and paint and body shops shall be located at least 100 feet from any residentially zoned lot. Service bay doors shall not be oriented toward any adjacent residentially-zoned property, except where currently existing, nor oriented toward any adjacent public street unless it can be demonstrated to the Site Plan Review and Appearance Board that it is not feasible to comply. The existing sale of Motorcycles, accessories and full service repair building complies with the location requirement, as it is located approximately 300' from the closest residentially zoned property on the west side of the FEC Railroad right-of-way. A service bay door is located on the east side of the service building and oriented toward the interior of the site. The service building is located approximately 70' from the ultimate right-of-way line of Old Dixie Highway Use and Operating Restrictions: The AC zone district contains several requirements pertaining to the general operation of automotive related uses. Automotive related uses must comply with "Use and Operating Restrictions" of the AC Planning and Zoning Board Sta .eport: Meeting Date 02/26/07 Delray Cycle - Conditional Use Page 6 zone district [LOR Section 4.4.10(G)(5)(a) through (e)]. Items (a), (b), (d), and (e) as they pertain to the conditional use request are discussed below: (a) Except for automobiles, trucks, pickup trucks, vans, jeeps, motorcycle and recreation vehicles, no other outdoor sales or display of any materials, products, or goods shall be permitted. No industrial equipment shall be sold, leased, rented, or otherwise stored within the AC District. However, wherever reasonably possible as determined by the City, trucks other than pickup trucks, vans, and jeeps shall be displayed in areas which are separated from a street by an outdoor display area for other permitted vehicles, customer or employee parking areas, or buildings. Analysis: The applicant has indicated that there will be no outdoor sales or display of motorcycle or any material, product or goods. A condition of approval is attached to that effect. (b) No vehicle shall be parked with its hood or trunk open, nor elevated off the ground in any way. Vehicles shall not be parked in any right-of-way or driveway. Analysis: A condition of approval is attached that prohibits outside display of motorcycles. The condition will also prohibit the parking of motorcycles or vehicles within any right-of-way or driveway. (d) Except for existing areas designated for off-loading, any areas designated for the off-loading of vehicles or for loading and deliveries shall be located to the rear of buildings and shall be located so as to contain noise on-site. These areas shall not be located closer than 100 feet from any residentially- zoned lot, and shall be appropriately designated, marked, and signed. Analysis: The floor plan submitted is consistent with this requirement as the service entrance is located on the east side of the building and is approximately 300' from the residentially zoned property on the west side of the FEC Railroad right-of-way. (e) Dealers are prohibited from using residential streets for the testing of vehicles after servicing and for the demonstration of vehicles. Analysis: The property is located between Federal Highway and Old Dixie Highway, which are used primarily for commercial traffic. A condition of approval is attached that restricts the motorcycle dealer from using residential streets for the testing of motorcycles after servicing and for the demonstration of motorcycle before sale. Lighting: Pursuant to LOR Section 4.6.8 (Lighting), lighting is existing on site for the retail establishment, is in compliance with the LDRs and was approved during the site plan review process by the SPRAB Board at its meeting of June 20, 2001. LandscaDe Reauirements: A visit to the site revealed that the landscape material requested during the site plan approval process is in place and well maintained. Planning and Zoning Board Sta. aport: Meeting Date 02/26/07 Delray Cycle - Conditional Use Page 7 Community Redevelooment Aaencv (CRA): At its meeting of February 8, 2007, the Community Redevelopment Agency (CRA) recommended approval of the conditional use request. Courtesy Notices: Courtesy notices have been sent to the following homeowner's and/or civic associations: o Carolyn Zimmerman, President's Council o Gerry Franciosa, Progressive Residents of Delray (P.R.O.D.) o Scott Christensen, Seacrest HOA o Todd Harvey, Kokomo Key o McCall Credle's Rosenthal, La Hacienda Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. I I The proposal includes the request for a Conditional Use to establish a Full Service Motorcycle-repair facility in conjunction with the Sale of Motorcycles and Accessories, pursuant to LOR Section 4.4.10 (D). The site is located at 2455 N. Old Dixie Highway. The business was previously the sale of motorcycle parts and accessories without a Sales and Repair component. The applicant has also submitted a request for Rezoning from General Commercial (GC) to Automotive Commercial (AC) in an effort to expand the existing business to a Full Service Motorcycle Sales and Repair Facility. No exterior alterations of the building are being proposed. Provided the conditions of approval are addressed or adhered to the proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(E) (5) that it will not have a significantly detrimental effect upon the stability of the neighborhood not will it hinder development or redevelopment of nearby properties. I I A. Continue with direction. B. Move a recommendation of approval of the request for a Conditional Use to establish a Full Service Motorcycle-repair facility in conjunction with the Sale of Motorcycles and Accessories for Delray Cycle, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), and Chapter 3 of the Land Development Regulations. C. Move a recommendation of denial of the request for a Conditional Use to establish a Full Service Motorcycle-repair facility in conjunction with the Sale of Motorcycles and Accessories for Delray Cycle, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E) (5), and Chapter 3 of the Land Development Regulations. Planning and Zoning Board 5t&. ;eport: Meeting Date 02/26/07 Delray Cycle - Conditional Use Page 8 Move a recommendation of approval of the request for a Conditional Use to establish a Full Service Motorcycle-repair facility in conjunction with the Sale of Motorcycles and Accessories Delray Cycle, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(E) (5), and Chapter 3 of the Land Development Regulations. With said approvals to be subject to the following conditions: 1. That the full service motorcycle-repair facility in conjunction with the sale of motorcycles shall operate Monday through Friday, 9:00 a.m. to 6:00 p.m. and Sat. 9:00 - 3:00 p.m.; 2. That there will be no outdoor sales or display of motorcycle or any materials, products, and industrial equipment sales/lease/rental/storage at the subject property driveways or adjacent rights of way; and 3. There shall be no testing of new motorcycles or those in for repair on adjacent residential streets; Attachments: . Location Map . Survey . Building Floor Plan Report Prepared By: Michael Vinci. Assistant Planner IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRA Y BEACH, FLORIDA CONDITIONAL USE REQUEST FOR DELRA Y CYCLE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on March 20, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Delray Cycle. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN a. Comprehensive Plan. Future Land Use and Map: Is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent land uses, and fulfills remaining land use needs? Yes No b. Concurrency: Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No . . II. LOR REQUIREMENTS: a. LOR Section 2.4.5(E) Reauired Findinas: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes No 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LOR requirements in existence at the time the conditional use request was submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves _ denies _ the conditional use request subject to conditions set forth in the Staff Report and hereby adopts this Order this 20th day of March, 2007, by a vote of in favor and opposed. Jeff Perlman, Mayor ATTEST: Chevelle Nubin City Clerk 2 , . N.E, 22NO N GULF STREAM BOULEVARD ~I \ \ \ \ \ \ \ \ IJIilll~ ~. \ - \ \ \ \ \ \ ~< s\ \ lOT \ TAr \ TE~: ~Fl \ \ \ \ \ \ \ \ \ 10 DECARIE STREET >- ~ I <.:> 5: I.u X o 22ND ;: o ~ o Ct: N.E, N - CITY OF DELRA Y BEACH, FL PLANNING & ZONING DEP ARTMEN T Ie SUBJECT PROPERTY 2455 OLD DIXIE HIGHWAY LOCA liON MAP -- DIGITAL BASE MAP SYSTEM -- MAP REF: LM999 in Iii ~~z ~i a " .. " .. u u .. .. -_.. -1..1 : "ciJ 10" ~~ ~'" 08 ~; :I: ......... ..... FLOOR PLAN (~XISTIN6t) (PRE-MANUFACTURED METAL BULDINCs - AREA 6.({)({)({) 5F! "CALE, 1I6"=I'.{)" '-'- ..... ow .... - ... AS ...... - Iff ~ -"'" :/DU1-oJ i - a A2.01 e (It "" ...... ... 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March 9-10, 2007 · www.bocanews.com12 100 ANNOUNCEMENTS 101 Legal Kotices ORDINANCE NO, 11-07 ORDINANCE OF THE CITY COM- ISSION OF THE CITY OF DELRA Y EACH, FLORIDA, AMENDING THE AND DEVELOPMENT flEGULA- IONS OF THE CODE OF ORDI- ANCES, BY AMENDING SECTION ,7.2, 'APPLlCABILITY' TO PRO- IDE THAT A MONETARY CONTRI- urlON MAY BE MADE RATHER HAN PROVIDING WORKFORCE DUSING; PROVIDING A SAVING LAUSE, A GENERAL REPEALER LAUSE, AND AN EFFECTIVE ; ATE I ORDINANCE NO.1 2-07 ORDINANCE OF THE CITY COM- ISSION OF THE CITY OF DELRAY I EACH, FLOflIDA, AMENDING THE I AND DEVELOPMENT REGULA-' IONS OF THE CODE OF ORDI. , ANCES, BY CREATING SECTION .4,11, 'DEVELOPER'S AGREE- I ENTS', TO PROVIDE FOR THE ; SE OF DEVELOPER'S AGREE. ' ENTS' PROVIDING A SAVING LAUSE, A GENERAL REPEALER LAUSE, AND AN EFFECTIVE ATE. ORDINANCE NO, 13-07 ORDINANCE OF THE CITY COM. ISSION OF THE CITY OF DELRAY EACH, FLOflIDA, AMENDING THE AND DEVELOPMENT REGULA- IONS OF THE CODE OF ORDI, NCES, BY AMENDING SECTION .5.1, "ESTABLISHMENT OF PUBLIC RTS PROGRAM", SUBSECTION ,5,l(C), 'OWNERSHIP AND MAIN- ENANCE'; SECTION 8.5.2, 'PUBLlC RT ADVISORY BOARD' TO PRO- IDE CLARIFICATION AS TO THE SE OF FUNDS FOR THE PUBLIC T PROGRAM; PROVIDING A SAV. NG ClAUSE, A GENERAL REPEAL, R CLAUSE, AND AN EFFECTIVE ATE. lease be advised that if a person de- ides to appeal any decision made by he City Commission with respect to ny malter considered at these hear- 095. such person may need to ensure hal a verbalim record includes Ihe estimony and evidence upon which he appeal is to be based. The City aes not provide nor prepare such ecord. Pursuant to ES. 286.0105 CITY OF DElRA Y BEACH Chevelle D. Nubin, CMC CilyCler' UBLISH: Friday, March 9, 2007 a RatonlOelray Beach News CITY OF DELRAY BEACH,FlORIDA NOTICE OF PUBLIC HEARING PUBLIC HEARING will be held on he following proposed ordinances at :00 p.m. on TUESDAY, MARCH 20, 007 or at any continuation of sud1 eeling which is sel by the mission), in the City Commission mbers. 100 NW. 1 sl Avenue, Del, y Be9Cli, Florida, at wI1ich time the ity Commission will consider their doption, The proposed ordinances ay be Inspected at the Office 01 Ihe ity CIOI1< at City Hall, 100 N.W. 1st venue. Delray Beach, Florida, be- eon the hours 01 8:00 a.m. and 5;00 ,m., Monday through Friday, except lidays, AU interested pat1ies are in- 'led 10 allend and be heard with reo poet to the proposed ordinances. ORDINANCE NO. 9-07 ORDINANCE OF THE CITY COM, ISSION OF THE CITY OF DELRAY EACH, FLORIDA, REZONING AND LACING LAND PRESENTLY ON ED GC (GENERAL OMMERCIAL) DISTRICT TO AC AUTOMOTIVE COMMERCIAL) DIS, RICT; SAID LAND BEING A PAR- EL LOCATED ON THE EAST SIDE F DIXIE HIGHWAY, APPROXI. ATEL Y 1,250 FEET SOUTH OF ULF STREAM BOULEVARD, AS ORE PARTICULARLY DESCRIBED EREIN; AMENDING "ZONING MAP F DELRAY BEACH, FLORIDA, RCH 2006'; PROVIDING A GEN- , RAL REPEALER CLAUSE, A SAV, I NG CLAUSE, AND AN EFFECTIVE ATE. ' ORDINANCE NO.1 0-07 ORDINANCE OF THE CITY COM- ISSION OF THE CITY OF DRRAY EACH, FLORIDA, AMENDING THE AND DEVELOPMENT REGULA, IONS OF THE CODE OF ORDI, ANCES, BY AMENDING SECTION .4.19, "MIXED iNDUSTRIAL AND MMERCIAL (MIC) DISTRiCT"; EN. CTING SECTION 4.5.15, "I'95/CSX AILROAD CORRIDOR OVERLAY ISTRICT"; AMENDING SECTIONS 7 'FINDINGS', SECTION 4.7,1, 'DEFINITIONS", SECTION 4.7.2. APPLICABILITY', SECTION 4,7.5, DENSITY BONUS PROGRAM FOR HE SOUTHWEST 10TH STREET VERLAY DISTRICT", TO PROVIDE OR THE CREATION OF A NEW ORKFORCE HOUSING OVERLAY ~ISTRICT; PROVIDING A SAVING LAUSE, A GENERAL REPEALER , LAUSE, AND AN EFFECTIVE ATE.