Res. No. 38-20RESOLUTI ON NO. 38-20
A RESOLUTI ON OF 11--ΠOIT COMMISSION OF 11--ΠOIT OF
DELRAY BEACH, FLORIDA, DETERMINING 1HA T 11--ΠUSE OF
"GARA GES AND LOTS FOR 11--ΠPARKING AND STORAGE OF
VEHICLES," AL 1HOUGH NOT IDENTICAL, HAS SIMI LAR
CHARA CfERISTICS TO 11--ΠCONDITIONAL USE OF A
"PRIVATELY-OPERATE D PARK ING LOT" AS PERMITTED IN
11--ΠCOMMUNI 1Y FAOLITIES ZONING DISTRICT, AND ,
11--Œ RE FORE, 11--Œ USE OF "GARA GES AND LOTS FOR 11--Œ
PARKING AND STORAGE OF VEHICLES," IS A PERMI SSIBLE
CONDITIONAL USE INTI-ΠCOMMUNI 1Y FACILITIES ZONING
DISTRICT, IS IN KEEPING wrrn 11--ΠSTATED PURPOSE OF
11--ΠDISTRICT BASED UPON 11--ΠSIMILARI1Y OF 11--ΠUSES
AND FINDING SUCH IS CONSISTENT wrrn 11--ΠCITI OF
DELRAY BEACH LAND DEVELOPMENT REGULATIONS AND
COMPREHENSIVE PLAN.
WHEREAS, the City of Delray Beach, Florida, (City) received a request (2020-021-SIM-CCA) for a
Determination of Similarity of Use to determine if the use of "garages and lots for the parking and storage of
vehicles" was similar to other uses allowed in the Community Facilities (Œ) zoning district, particularly as to the
permissible conditional use of a "privately-operated parking lot"; and
WHEREAS, garages and lots for the parking and storage of vehicles are allowed as a Conditional
Use in the Mixed Industrial and Commercial (MIC) zoning district, pursuant to Section 4.4.19(D)(2),
"Conditional Uses and Structures Allowed"; and
WHEREAS, the request for a Determination of Similarity of Use was processed pursuant to
Section 2.4.S(N), "Determination of Similarity of Use," of the LDR; and
WHEREAS, when the use is of a specific nature and is listed as a specific use in another zoning district,
the use may be established within the specific zoning district by action of the Planning and Zoning Board in
authorizing it through a determination of similarity of use, pursuant to Section 4.3.2(C)(2), "Determination of
Similarity of Use," of the LDR; and
WHEREAS, at its December 16, 2019, meeting, the Planning and Zoning Board considered the
Determination of Similarity of Use request and found, by a 5 to 1 vote, that the use of "garages and lots
for the parking and storage of vehicles" is similar to other conditional uses allowed in the Community
Facilities (Œ) zoning district, particularly to the use as a "privately-operated parking lot", by finding
that the request is in keeping with the stated purpose of the district based upon the similarity of the uses
and is consistent with the LDR and the Comprehensive Plan; and
WHEREAS, at its January 16, 2020, meeting, the City Commission, by a 5 to O vote, appealed the
Planning and Zoning finding of a similarity of use. The appeal decision was processed pursuant to Section
2.4.7(E), "Appeals," of the Land Development Regulations of the City of Delray Beach, Florida; and
WHE REAS, the appeal of a decision made by the Planning and Zoning Board was subject to de
novo review by the City Commi ssion at its meeting of February 12, 2020. The City Commi ssion
determined that the requested use is, indeed, similar to other uses so allowed in the zoning district and
is in keeping with the stated purpose of the district.
NOW, TI-IE RE FORE, BE IT RESOLVED BY TI-IE OTY COMMISSION OF TI-IE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the foregoing recitals are hereby incorporated herein by this reference.
Section 2. The use as a "garages and lots for the parking and storage of vehicles" is a permissible
conditional use with the Community Facilities (CF) zoning district.
Section 3. This Resolution shall become effective immediately upon adoption.
Katerri Johns~
PAS SED AND ADOPTED in regular ses
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a b.Ívwª?f , 2020.
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RES. NO. 38-20