54-96 ORDINANCE NO. 54-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING SECTION 4.4.10, "AUTOMOTIVE
COMMERC~ (AC) DISTRICT", SUBSECTION 4.4.10 (B) ,
"PRINCIPAL USES AND STRUCTURES PERMIETED", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY
ADDING THE SALE OF NEW UTILITY TRAILERS AS A PERMITTED
USE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning
Board reviewed the subject matter at its meeting of October 21, 1996, and has
forwarded the change with a recommendation that it not be adopted; and
WHEREAS, the City Commission of the City of Delray Beach finds that
the change is not inconsistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DMLRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations", Article 4.4,
"Base Zoning District" Section 4.4 10 "Automotive Commercial (AC)
District", Subsection 4.4.10(B), "Principal Uses and Structures Permitted",
of the Land Develot~nent Regulations of the City of Delray Beach, Florida, be,
add the same is hereby amended to read as follows:
(B) Principal Uses and Structures Permitted: The following uses
are allowed within the AC District each as a separate and distinct permitted
USe:
( 1 ) Full service automotive dealerships.
(2) The sale, lease or rental of automobiles.
(3) The sale, lease or rental of boats.
(4) The sale, lease or rental of recreational vehicles.
(5) The sale, lease or rental of trucks.
(6) The sale, lease or rental of motorcycles.
(7) Retail and wholesale sales of vehicular parts, equilmnent,
and accessories without on-site installation.
(8) The sale of new utility, trailers. However, trailers in
excess of 24 feet in lenqth may not be stored on the premises.
Section 2. That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this ordinance
or any portion thereof, any paragraph, sentence, or word be declared by a
court of competent jurisdiction to be invalid, such decision shall not affect
the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 4. That this ordinance shall become effective immediately
upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the ~ day of~ . , 1997.
ATTEST:
City Clerk
First Reading ~~, /~
Second Reading ~ ~ /~
- 2 - Ord. No. 54-96
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY IVlJ~AGER~/~
SUBJECT: AGENDA ITEM ~ /~.'~- REGULAR MEETING OF JANUARY 7, 1997
SECOND READING/SECOND PUBLIC HEARING FOR ORDINANCE NO.
54-96 (UTILITY TRAILERS IN THE AUTOMOTIVE COMMERCIAL
DISTRICT)
DATE: JANUARY 2, 1997
This is second reading and the second public hearing for Ordinance
No. 54-96 which amends LDR Section 4.4.10, Automotive Commercial
(AC) District, by adding the sale of utility trailers as a
permitted use.
This amendment was initiated by the Planning and Zoning Board at
its meeting of September 16, 1996, following action on a
similarity of use determination. The use (the sale of utility
trailers) is not specifically listed as a permitted use in any of
the City's zoning districts. The Board felt that it would be most
appropriate in the AC district and asked staff to draft the
amendment. Additional background is contained in the attached
staff report.
The Planning and Zoning Board considered the amendment on October
21, 1996. They held a lengthy discussion regarding the size and
appearance of the trailers. One member of the public spoke
against the amendment. A motion was made to add the following
permitted use within the AC zoning district regulations:
"The sale of new utility trailers. However, trailers in
excess of 24 feet in length may not be stored on the
premises."
The motion failed to pass by a vote of 3 to 2.
At first reading on December 3, 1996, the Commission passed the
ordinance by a vote of 3 to 2 (Ms. Kiselewski and Mayor Alperin
dissenting).
Recommend consideration of Ordinance No. 54-96 on second and final
reading.
MEETING OF: OCTOBER 21, 1996
AGENDA ITEM: IV.C. LDR AMENDMENT ADDING THE SALE OR RENTAL OF
UTILITY TRAILERS AS A PERMITTED USE IN THE AC
(AUTOMOTIVE COMMERCIAL) ZONING DISTRICT
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The item before the Board is an amendment to Section 4.4.10 of the Land Development
RegulatiOns, adding "Sale or rental of utility trailers" as a permitted use within the AC
(Automotive Commercial) zoning district.
"'"'"'""~":w~<~'~:+×'":"'""'""~;;Ix" ;"'"',I'~;?'""~'""'iI'"'~I""i']''''''~''''~ .................. ;'"'"I'"'~I'~ '"'/'"" '"~"~;'"~'"';" ...................... ??""?? '";111'"'"'""'""'~'"'"'" '" ........................................................................................ '; ....................... i1'"";','i'"';'T';'"; .............. :"'"'"'" ..............
Mike Lago, who operates All American Auto Repair at 518 N. Federal Highway, has
been seeking an appropriate location to establish his utility trailer sales operation. This
use is not listed as permitted in any of the City's zoning districts. Mr. Lago approached
the P & Z Board at its meeting of September 16, 1996, regarding the appropriate
zoning designation for the use. He asked the Board to make a similarity of use
determination so that his business could be located in the GC zoning district. The
Board found that the use is not similar to other uses in the GC zone, however, they did
agree that it would be appropriate in the AC zoning district. While it could have been
established in the AC distdct through the similarity of use process, there was a question
as to whether or not the sale of trailers should be subject to the 1.5-acre site size
requirement that applies to the sale of automobiles, boats, etc. In order to address the
issue more fully, the Board initiated an amendment to the LDRs adding the use to the
AC zoning district. That amendment is now before the Board for action.
· : ~:~:."~ ~-~:!:~: ~ ~..::~ ::: :~: ~Ji~.: ~:!.'.-'.'.-'.:..'~i.-':~:~ :i: :~:! :.~: .~ :~ :~! :.::~: ..': :~:~ .!: .~:~8~: .~:~-'." ~:~:~i:~: ~: ~: .;!:i.'.-':~:i:~:!:~:.": ~! ~ ~.~.:~ :!:i:.: :~:...x::! ...: .......~:~..'.~ ~ ~:..-: !:~:'..-~.~:: :! ~.......... :~ ~.~..".!~: ~ i: :~: ~: ~ i~:.-':!:~: ~: :::~ :~:! :~:~ .'."~: ~:! ~.~ .:~ ".".'.":::~!:::i:~::~-:~:: :'~:: :~ :i-'.-':: .'.':: .'.-':." 8 !::~: ~:~:.::.".'.":~: :!:!
The AC zoning district allows the sale, lease, or rental of automobiles, boats,
recreational vehicles, trucks, and motorcycles. Except for motorcycle sales, the uses
require a minimum site size of 1.5 acres. This requirement helps to ensure that there is
adequate room for the storage and display of such large-sized inventory.
IV.C.
P&Z Board Memorandum Staff Report
LDR Amendment - Utility Trailers in the AC District
Page 2
The proposed use involves the outside storage, sale, and display of utility trailers, and
associated service and repair. Although the trailers' are not motor vehicles, they have
to be registered with the Motor Vehicle Department, and must be tagged. The use is
similar to other uses permitted in the district, therefore, it would be appropriate to add it
as a permitted use. --
These types of trailers vary in size, but most would not exceed 24 feet in length. Unlike
car sales, the variety and sizes of trailers are limited, and they are often purchased
through a catalog rather than off the lot. Consequently, there is typically not a great
deal of inventory maintained on a particular site. It does not appear to be necessary to
require that the use be subject to the 1-1/2 acre minimum site size. The use should,
however, be subject to all other requirements of the AC district.
The proposed amendment adds the use under the section of the AC zoning district
entitiled "Principle Uses and Structures Permitted." It does not add "utility trailers" to the
list of items that are required to have certain mimimum site dimensions. As with
motorcycle sales, by this omission it is understood that the minimum site size
requirements will not apply to utility trailer sales.
By motion, amend Section 4.4.10, Automotive Commercial zoning.district, by adding the
following use to subsection (B), Pdnci.Dal Uses and Structures Permitted:
(8) The sale or rental of utility trailers.
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CITY OF DELRAY BEACH
NOTICE OF PERMITTED USE CHANGE
WITHIN THE AUTOMOTIVE COMMERCIAL (AC)
ZONING DISTRICT
ORDINANCE NO. 54-96
The City of Delray Beach proposes to change the list of
Principal Uses and Structures Permitted within the
Automotive Commercial (AC) District by adopting the fol-
lowing ordinance:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING SEC-
TION 4.4.10, ~AUTOMOTIVE COMMERCIAL (AC) DIS-
TRICT'', SUBSECTION 4.4.10(B), "PRINCIPAL USES AND
STRUCTURES PERMITTED", OF THE LAND DEVELOP-
MENT REGULATIONS OF THE CITY OF DELRAY
BEACH, BY ADDING THE SALE OF NEW UTILITY TRAIL.
ERS AS A PERMITTED USE; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings
for the purpose of accepting public testimony regarding the
proposed ordinance. The first Public Hearing will be held on
TUESDAY, DECEMBER 3, !996, AT 7:00 P.M. (or at'any
continuation of such meeting which is set by the
Commission), in the Commission Chambers at City Hall,
100 N.W. 1st Avenue, Delray Beach, Florida. If the ordi-
nance is passed on first reading, a second Public Hearing
will be held on TUESDAY, JANUARY 7, 1997, AT 7:00 RM.
(or at any continuation of such meeting which is set by the
Commission).
All interested citizens are invited to attend the public hear-
ings and comment upon the proposed ordinance or submit
their comments in writing on or before the date of these
hearings to the Planning and Zoning Department. For fur-
ther information or to obtain copies of the proposed amend-'
ment, please contact The Planning and Zoning
Department, City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida 33444, (Phone 407/243-7040) between the hours of
8:00 a.m. and 5:00 p.m., Monday through Friday, excluding
holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO
'APPEAL ANY DECISION MADE BY THE CITY
COMMISSION WITH RESPECT TO ANY MATTER CON-
SIDERED AT THESE HEARINGS, SUCH PERSON MAY
NEED TO ENSURE THAT A VERBATIM RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS TO BE BASED. THE CITY DOES
NOT PROVIDE NOR PREPARE SUCH RECORD.
PURSUANT TO F.S. 286.0105.
PUBLISH:THE NEWS CITY OF DELRAY BEACH
November 25, 1996 Alison MacGregor Harty
January 1, 1997 City Clerk
Ad #717842
TO: DAVID T. HARDEN, CITY MANAGER
FROM: DIANE DOMINGUEZ, PLANNING AND ZONING DIRECTOR
SUBJECT: MEETING OF DECEMBER 3, 1996
LDR AMENDMENT ALLOWING THE SALE OF UTILITY TRAILERS THE AC
AUTOMOTIVE COMMERCIAL)ZONING DISTRICT
The item before the Commission is an amendment to Section 4.4.10 of the Land Development
Regulations, adding the sale of utility trailers as a permitted use within the AC (Automotive
Commercial) zoning district.
This amendment was initiated by the Planning and Zoning Board at its meeting of September
16, 1996, following action on a similarity of use determination. The use--the sale of utility
trailers--is not specifically listed as a permitted use in any of the City's zoning districts. The
Board felt that it would be most appropriate in the AC zoning district, and asked staff to draft the
amendment. Additional background is as described in the attached P & Z staff report.
The Board considered the LDR amendment at the meeting of October 21, 1996. They held a
lengthy discussion regarding the size and appearance of the trailers. One member of the public
spoke against the amendment. A motion was made to add the following permitted use within
the AC zoning district regulations:
"The sale of new utility trailers, however, trailers in excess of 24' in length may
not be stored on the premises."
The motion failed to pass by a vote of 3-4.
Commission discretion.
Attachments: ~ I
· Proposed amendment l~ .~. ~)- ~.~,
· P & Z Board Staff Report
ORDINANCE NO. 54-96
AN ORDINANCE OF THE CITY CO~SSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING SECTION 4.4.10, "AUTOMOTIVE
COMMERCIAL (~/2) DISTRICT", SUBSECTION 4.4.10 (B) ,
"PRINCIPAL USES AND STRUCTURES PERMITTED", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY
ADDING THE SAT.R OF NEW UTILITY TRAILERS AS A PERMITTED
USE; PRDVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning
Board reviewed the subject matter at its meeting of October 21, 1996, and has
forwarded the change with a recommendation that it not be adopted; and
WHEREAS, the City Commission of the City of Delray Beach finds that
the change is not inconsistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLtfYdS:
Section 1. That Chapter Four, "Zoning Regulations", Article 4.4,
"Base Zoning District", Section 4.4.10, "Automotive Commercial (AC)
District", Subsection 4.4.10 (B), "Principal Uses and Structures Permitted",
of the Land Develol~ent Regulations of the City of Delray Beach, Florida, be,
and the same is hereby amended to read as follows:
(B) Principal Uses and Structures Permitted: The following uses
are allowed within the AC District each as a separate and distinct permitted
use:
( 1 ) Full service automotive dealerships.
(2) The sale, lease or rental of automobiles.
(3) The sale, lease or rental of boats.
(4) The sale, lease or rental of recreational vehicles.
(5) The sale, lease or rental of trucks.
(6) The sale, lease or rental of motorcycles.
(7) Retail and wholesale sales of vehicular parts, equilm~ent,
and accessories without on-site installation.
(8) The sale of new utility trailers. However, trailers in
excess of 24 feet in lenqth may not be stored on the premises.
Section 2. That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this ordinance
or any portion thereof, any paragraph, sentence, or word be declared by a
court of competent jurisdiction to be invalid, such decision shall not affect
the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 4. That this ordinance shall become effective immediately
upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of , 1997.
i MAYOR
· ASTEST:
city
First Reading
Second Reading
- 2 - Ord. No. 54-96
MEETING OF: OCTOBER 21, 1996
AGENDA ITEM: IV.C. LDR AMENDMENT ADDING THE SALE OR RENTAL OF
UTILITY TRAILERS AS A PERMITTED USE IN THE AC
(AUTOMOTIVE COMMERCIAL) ZONING DISTRICT
:.~ . . -.~.~..?~.~:;.+:~,'-:;.,,.~:~.,,..:...~ · ?. ...... :-.. · . , .:.:..'..:-...-.:~-:-:+:.:::::?-:>..:-:.:..-..-;...~,..~:.:...-..,-:::.'.::.~ ,...:.:;..:.:..-..4:::×.:..:,-..:...,,..:.:.:....;.~.'.:
~ ~!~ ~ ~.=..~..~=~; .......................................... ~ ....... ..~ ................. .. .............. ~ ................. :~ ............. .,.....,........~ .........
The item before the Board is an amendment to Section 4.4.10 of the Land Development
Regulations, adding "Sale or rental of utility trailers" as a permitted use within the AC
(Automotive Commercial) zoning district.
Mike Lago, who operates All American Auto Repair at 518 N. Federal Highway, has
been seeking an appropriate location to establish his utility trailer sales operation. This
use is not listed as permitted in any of the City's zoning districts. Mr. Lago approached
the P & Z Board at its meeting of September 16, 1996, regarding the appropriate
zoning designation for the use. He asked the Board to make a similarity of use
determination so that his business could be located in the GC zoning district. The
Board found that the use is not similar to other uses in the GC zone, however, they did
agree that it would be appropriate in the AC zoning district. VVhile it could have been
established in the AC district through the similarity of use process, there was a question
as to whether or not the sale of trailers should be subject to the 1.5-acre site size
requirement that applies to the sale of automobiles, boats, etc. In order to address the
issue more fully, the Board initiated an amendment to the LDRs adding the use to the
AC zoning district. That amendment is now before the Board for action.
The AC zoning district allows the sale, lease, or rental of automobiles, boats,
recreational vehicles, trucks, and _motorcycles. Except for motorcycle sales, the uses
require a minimum site size of 1.5 acres. This requirement helps to ensure that there is
adequate room for the storage and display of such large-sized inventory.
IV.C.
P&Z Board Memorandum Staff Report
LDR Amendment - Utility Trailers in the AC District
Page 2
The proposed use involves the outside storage, sale, and display of utility trailers, and
associated service and repair. Although the trailers are not motor vehicles, they have
to be registered with the Motor Vehicle Department, and must be tagged. The use is
similar to other uses permitted in the district, therefore, it would be appropriate to add it
as a permitted use.
These types of trailers vary in size, but most would not exceed 24 feet in length. Unlike
car sales, the variety and sizes of trailers are limited, and they are often purchased
through a catalog rather than off the lot. Consequently, there is typically not a great
deal of inventory maintained on a particular site. It does not appear to be necessary to
require that the use be subject to the 1-1/2 acre minimum site size. The use should,
however, be subject to all other requirements of the AC district.
The proposed amendment adds the use under the section of the AC zoning district
entitiled "Principle Uses and Structures Permitted." It does not add "utility trailers" to the
list of items that are required to have certain mimimum site dimensions. As with
motorcycle sales, by this omission it is understood that the minimum site size
requirements will not apply to utility trailer sales.
By motion, amend Section 4.4.10, Automotive Commercial zoning, district, by adding the
following use to subsection (B), Principal Uses and Structures Permitted:
(8) The sale or rental of utility trailers.
s:docume~pzacldr, doc
WITHIN THE AUTOMOTIVE COMMERCIAL (AC)
ZONING DISTRICT
ORDINANCE NO. 54-96
The City of Delray Beach proposes to change the list ,of
Principal Uses and Structures Permitted within the
Automotive Commercial (AC) District by adopting the fol-
lowing ordinance:
AN ORDINANCE OF THE CiTY COMMISSION OF THE
CiTY OF DELRAY BEACH, FLORIDA, AMENDING SEC-
TION 4.4.10, "AUTOMOTIVE COMMERCIAL (AC) DIS-
TRICT'', SUBSECTION 4.4.10(B), "PRINCIPAL USES AND
STRUCTURES PERMITTED", OF THE LAND DEVELOP-
MENT REGULATIONS OF THE CiTY OF DELRAY
BEACH, BY ADDING THE SALE OF NEW UTILITY TRAIL-
ERS AS A PERMITTED USE; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
The City CommiSsion will conduct two (2) Public Hearings
for the purpose of accepting public testimony regarding the
proposed ordinance. The first Public Hearing will be held on
TUESDAY. DECEMBER 3. 1996. AT 7:00 P.M. (or at any
continuation of such meeting which is set by the
Commission), in the Commission Chambers at City Hall,
100 N.W. l st Avenue, Delray Beach, Florida. If the ordi-
nance is passed on first reading, a second Public Hearing
will be held on TUESDAY, JANUARY 7, 1997, AT 7:00 P.M.
(or at any continuation of such meeting which is set by the
Commission).
All interested citizens are invited to attend the public hear-
ings and comment upon the proposed ordinance or submit
their comments in writing on or before the date of these
hearings to the Planning and Zoning Department. For fur-
ther information or to obtain copies of the proposed amend-
ment, please contact The Planning and Zoning
Department, City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida 33444, (Phone 407/243-7040) between the hours of
8:00 a.m. and 5:00 p.m., Monday through Friday, excluding
holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO
APPEAL ANY DECISION MADE BY THE CITY
COMMISSION WITH RESPECT TO ANY MATTER CON-
SIDERED AT THESE HEARINGS, SUCH PERSON MAY
NEED TO ENSURE THAT A VERBATIM RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS TO BE BASED. THE CITY DOES
NOT PROVIDE NOR PREPARE SUCH RECORD.
PURSUANT TO ES. 286.0105.
PUBLISH:THE NEWS CITY OF DELRAY BEACH
November 25, 1996 Alison MacGregor Harty
January 1, 1997 City Clerk
Ad #717842
crry OFicc.
NOTICE OFUSE CHANGE
IITHIH IUTO T E C ERClA[ (AC)
~e Ci~ of Delmy ~a~ p~~ ~ ~ange ~e. list of
Principal Uses and Stru~ma ~ermiffed within the
~mo~ Comme~al (AC) DI~ ~ a~p~ng ~e ~l-
l~ing o~ina~:
A. ORDINANCE OF ~E CI~ C~MISSION OF THE
CI~ OF DEL~Y B~CH, ~ORI~, ~ENDING SEC-
I T ON 4.4.10, "AU~MO~VE C~MMERClAL (AC) DIS-
TRIC~, SU~ECTION 4.4.1~B), PRINCIPAL USES AND
8TRUC~RES PERMI~, OF ~E ~ND DEVELOP-
~ REGU~ONS OF TH[ CI~ O~ ~ELRAY
B~C~ BY ADDING ~E S~E ~R R~TAL ~
GENE~L REP~LER C~USE, A ~VING C~USE,
AND AN EFFECTIVE DATE.
~e CI~ ~mmlsslon will co~ ~ (2) Public Hearings
~r the pu~e ~ a~p~ public ~s~mony regarding the
proposed ordlnan~. ~e flint Pu~lc Headng ~11 be held on
~E~DAY. DEC~BER 3, 1~. AT 7:~ EM. (or at any
continuation of such meeting which Is set ~ the
Comml~ion), In ~ Commission Cham~m at Ci~ Hall,
nan~ is psss~ on flint ~, ~ second Public Hearing
will be held on TUES~Y. ~A~ 7. 1997. AT 7:00
(or at any ~nfinuafion of such mee~ng which is set ~by the
t~ir ~mmen~ In ~iting on ~ ~m ~e ~ate of~ these
headn~ to the Planning ~d Zoning Depa~ent. ~r ~r-
· er In~rmaflon or to ~tain copies of ~e proposed amend.
Rori~ ~, (Ph~e 407~7~) ~n the h0ure of
8:~ a.m. and 5:~ p.m., Money ~mugh Friday, excluding
PL~SE BE A~ISED THAT IF A PERSON DECIDES TO
APPEAL ANY DECISION MADE BY THE CI~
COMMISSION WITH RESPECT ~ ANY MA~ER :CON-
SIDERED AT ~ESE H~RINGS, SUCH PER~ON MAY
NEED TO EN~URE THAT A VERBATIM RECORD
INCLUDES ~E ~S~MONY AND ~IDENCE UPON
WHICH ~E APP~ IS TO BE ~SED. ~E CI~ DOES
NOT PROVIDE NOR PREPARE SUCH RE~ORD.
PURSUA~ ~ F.~. 288.01 ~.
PUBLISH:~E N~S CI~ OF DELRAY B~CH
N~m~r 2~, 1998 Ali~ Merrier
~nua~ 1, 1997 CI~ C~
~ e717~2 ~ .
,
TO: DAVID T. HARDEN, CITY MANAGER
FROM: DIANE DOMINGUEZ, PLANNING AND ZONING DIRECTOR ~~A~.,
SUBJECT: MEETING OF DECEMBER 3, '1996
LDR AMENDMENT ALLOWING THE SALE OF UTILITY TRAILERS THE AC
AUTOMOTIVE COMMERCIAL) ZONING DISTRICT
The item before the Commission is an amendment to Section 4.4.10 of the Land Development
Regulations, adding the sale of utility trailers as a permitted use within the AC (Automotive
Commercial) zoning district.
This amendment was initiated by the Planning and Zoning Board at its meeting of September
16, 1996, following action on a similarity of use determination. The use--the sale of utility
trailers--is not specifically listed as a permitted use in any of the City's zoning districts. The
Board felt that it would be most appropriate in the AC zoning district, and asked staff to draft the
amendment. Additional background is as described in the attached P & Z staff report.
The Board considered the LDR amendment at the meeting of October 21, 1996. They held a
lengthy discussion regarding the size and appearance of the trailers. One member of the public
spoke against the amendment. A motion was made to add the following permitted use within
the AC zoning district regulations:
"The sale of new utility trailers, however, trailers in excess of 24' in length may
not be stored on the premises."
The motion failed to pass by a vote of 3-4.
Commission discretion.
Attachments:
· Proposed amendment
· P & Z Board Staff Report
PROPOSED AMENDMENT TO LDR SECTION 4.4.10,
AUTOMOTIVE COMMERCIAL (AC) ZONING DISTRICT REGULATIONS
(B) Principal Uses and Structures Permitted
(8) The sale of new utility, trailers, however, trailers in excess of 24' in
length may not be stored on the premises.
CITY OF DELRAY BEACH ~
NOTICE OF PERMITI~D USE CHANGE
WITHIN THE AUTOMOT~ COMMERCIAL (AC) ZONING DISTRICT
ORDINANCE NO. 54-96
The City of Delray Beach proposes to change the list of Principal Uses and
Structures Permitted within the Automotive Commercial (AC) District by
adopting the following ordinance:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING SECTION 4.4.10, "AUTOMOTIVE COMMERCIAL (AC) DISTRICT", SUBSECTION
4.4.10 (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ADDING THE SALR ~k%
~ UTILITY TRAILERS AS A PERMITTED USE; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the purpose of
accepting public testimony regarding the proposed ordinance. The first
Public Hearing will be held on TUESDAY, DECEMBER 3, 1996, AT 7:00 P.M. (or
at any continuation of such meeting which is set by the Commission), in the
commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida. If the ordinance is passed on first reading, a second Public
Hearing will be held on TUESDAY, JANUARY 7, 1997, AT 7:00 P.M. (or at any
continuation of such meeting which is set by the commission).
All interested citizens are invited to attend the public hearings and
comment upon the proposed ordinance or sutm%it their comments in writing on
or before the date of these hearings to the Planning and Zoning Department.
For further information or to obtain a copy of the proposed ordinance,
please contact the Planning and Zoning Department, City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida 33444 (Phone 407/243-7040), between the hours
of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY
THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE
HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES
THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY
DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
November 25, 1996 Alison MacGregor Harty
January 1, 1997 City Clerk
Instructions to Newspaper: This ad is not to be placed in the legal
ads/classified section of the newspaper. It must be at least two standard
columns wide and ten inches long. The entire headline [CITY OF DELRAY
BEACH NOTICE OF PERMITTED USE CHANGE WITHIN THE AUTOMOTIVE COMMEB£IAL (AC)
ZONING DISTRICT ORDINANCE NO. 54-96] must be an 18 point bold headline.
Tb~nk you.
WEINER & MORICl, P.A.
ATTORNEYS AT LA W
The Clark House ~iTy ~,,,-, ....
102 North Swinton Avenue
Delray Beach. Florida 33444
MICHAEL S. WEINER South Palm Beach County: (407) 285-2666
ALFRED G. MORICl North Palm Beach County: (407) 736-5888
CAROLE ARONSON Broward County: (954) 462-4935
Telecopler: (407) 272-6831
VIA HAND DELIVERY
October 24, 1996
Ms. Diane Dominguez
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
RE: Michael Lago; text amendment for trailers
Our File No.: LAGM(038)002
Dear Diane:
As you know, at Mr. Michael Lago's request, there was placed before the Planning and Zoning
Board an item related to a text amendment to the Land Development Regulations allowing trailers
in certain zoning areas. Mr. Lago has recently employed me in order to make a presentation before
the City Commission in connection with this text amendment.
I understand a first reading would be on November 5, 1996 and a second reading would be on
November 19, 1996. My marriage is scheduled for November 9, 1996 and my honeymoon will keep
my out of the country, until November 25, 1996. Accordingly, I am asking for an extension for a
first and second reading to be conducted in the month of December, 1996. I would appreciate it if
you wouldfo/nsider this request.
Ve~Y/l°ur~"~
MSW/rh
cc: Mr. David Harden (via hand delivery)
Mr. Michael Lago (via mail)
ORDINANCE NO. 54-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING SECTION 4.4.10, "AUTOMOTIVE
COMMERCIAL (AC) DISTRICT", SUBSECTION 4.4.10 (B) ,
"PRINCIPAL USES AND STRUCTURES PERMITTED", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY
ADDING THE SALE OR RENTAL OF UTILITY TRAILERS AS A
PERMITTED USE; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning
Board reviewed the subject matter at its meeting of October 21, 1996, and
voted ....... to forward the change with a recommendation of approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning
and Zoning Board, sitting as the Local Planning Agency, has determined that
the change is consistent with and furthers the objectives and policies of the
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations", Article 4.4,
"Base Zoning District", Section 4.4.10, "Automotive Commercial (AC)
District", Subsection 4.4.10 (B), "Principal Uses and Structures Permitted",
of the Land Development Regulations of the City of Delray Beach, Florida, be,
and the same is hereby amended to read as follows:
(B) Principal Uses and Structures Permitted: The following uses
are allowed within the AC District each as a separate and distinct permitted
use:
( 1 ) Full service automotive dealerships.
(2) The sale, lease or rental of automobiles.
(3) The sale, lease or rental of boats.
(4) The sale, lease or rental of recreational vehicles.
(5) The sale, lease or rental of trucks.
(6) The sale, lease or rental of motorcycles.
(7) Retail and wholesale sales of vehicular parts, equipment,
and accessories without on-site installation.
(8) The sale or rental of utility trailers.
Section 2. That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this ordinance
or any portion thereof, any paragraph, sentence, or word be declared by a
court of competent jurisdiction to be invalid, such decision shall not affect
the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 4. That this ordinance shall become effective immediately
upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of , 1996.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 54-96
MEETING OF: OCTOBER 21, 1996
AGENDA ITEM: IV.C. LDR AMENDMENT ADDING
(~~oRAILERS AS A THE
TIVE COMMERCIAL) ZONING DISTRICT
The item before the Board is an amendment to Section 4.4.10 of the Land Development
Regulations, adding "Sale or rental of utility trailers" as a permitted use within the AC
(Automotive Commercial) zoning district.
Mike Lago, who operates All American Auto Repair at 518 N. Federal Highway, has
been seeking an appropriate location to establish his utility trailer sales operation. This
use is not listed as permitted in any of the City's zoning districts. Mr. Lago approached
the P & Z Board at its meeting of September 16, 1996, regarding the appropriate
zoning designation for the use. He asked the Board to make a similarity of use
determination so that his business could be located in the GC zoning district. The
Board found that the use is not similar to other uses in the GC zone, however, they did
agree that it would be appropriate in the AC zoning district. While it could have been
established in the AC district through the similarity of use process, there was a question
as to whether or not the sale of trailers should be subject to the 1.5-acre site size
requirement that applies to the sale of automobiles, boats, etc. In order to address the
issue more fully, the Board initiated an amendment to the LDRs adding the use to the
AC zoning district. That amendment is now before the Board for action.
The AC zoning district allows the sale, lease, or rental of automobiles, boats,
recreational vehicles, trucks, and motorcycles. Except for motorcycle sales, the uses
require a minimum site size of 1.5 acres. This requirement helps to ensure that there is
adequate room for the storage and display of such large-sized inventory.
IV.C.
P&Z Board Memorandum Staff Report
LDR Amendment -- Utility Trailers in the AC District
Page 2
The proposed use involves the outside storage, sale, and display of utility trailers, and
associated service and repair. Although the trailers are not motor vehicles, they have
to be registered with the Motor Vehicle Department, and must be tagged. The use is
similar to other uses permitted in the district, therefore, it would be appropriate to add it
as a permitted use. --
These types of trailers vary in size, but most would not exceed 24 feet in length. Unlike
car sales, the variety and sizes of trailers are limited, and they are often purchased
through a catalog rather than off the lot. Consequently, there is typically not a great
deal of inventory maintained on a particular site. It does not appear to be necessary to
require that the use be subject to the 1-1/2 acre minimum site size. The use should,
however, be subject to all other requirements of the AC district.
The proposed amendment adds the use under the section of the AC zoning district
entitiled "Principle Uses and Structures Permitted." It does not add "utility trailers" to the
list of items that are required to have certain mimimum site dimensions. As with
motorcycle sales, by this omission it is understood that the minimum site size
requirements will not apply to utility trailer sales.
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ,~. :. ~::::. .:~:::~::~::.,. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
By motion, amend Section 4.4.10, Automotive Commercial zoning district, by adding the
following use to subsection (B), Principal Uses and Structures permitted:
(8) The sale or rental of utility trailers.
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