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03-95 ORDINANCE NO. 3-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.10, "AUTOMOTIVE COMMERCIAL (AC) DISTRICT", SUBSECTION "SPECIAL REGULATIONS" OF THE LAND 4.4.10(H), , DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING A SUBPARAGRAPH (5) TO PROVIDE FOR RELIEF FROM OPEN SPACE REQUIREMENTS, SUBJECT TO REQUIRED FINDINGS; 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 December 19, 1994, and has forwarded the change with a recommendation of approval by a vote of 5 to 0; 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(H), "Special Regulations", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended by adding a subparagraph (5) to read as follows: (5) Relief from Open Space Requirements; Whenever the requirement to bring an existing Sits into full compliance triggers a requirement tO increase the percentage of open space pursuant to the provisions of Section 4.3.4(K). a reduction of that requirement may be approved by the Site Plan Review' and Appearance Board: however, in no instanc$ shall the percentage be redUced below the existin~ percentage of open space. Concurrent with granting a reduction, the board must find that such reduction does not diminish the practical application of the requirement, particularly as it relates to the perimeter of th9 $itp, ~_~ That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed.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. ~ 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 17th day of January , 1995. ATTEST: ~ City CYerk t First Reading__January 3, 1995 Second Reading January 17, 1995 - 2 - Ord. No. 3-95 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~ /~'~'- MEETING OF JANUARY 17. 1995 SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 3-95 AUTOMOTIVE COMMERCIAL DISTRICT SPECIAL REGULATIONS DATE: JANUARY 12, 1995 This is second reading and public hearing for Ordinance No. 3-95 which amends the Special Regulations of the Automotive Commercial (AC) District by adding a provision for relief from open space requirements under certain circumstances. In the AC district, whenever an existing use or structure is increased by 30% or more, the entire site must be brought into full compliance with current codes. A requirement unique to the AC district is that a minimum of 25% of the site must be left in open space. In some instances this has created difficulties for businesses seeking to upgrade their properties since site constraints limit the amount of open space available. The proposed amendment will allow some flexibility in the required upgrades while not adversely affecting the original intent of the special regulations. The Planning and Zoning Board reviewed this item on December 19, 1994, and voted 5 to 0 to recommend that the amendment be approved as drafted. During discussion at first reading on January 3, 1995, the point was made that many of the City's automobile dealerships were existing before the open space requirement became effective and are grandfathered in with open space percentages of less than 25%. While the intent of the amendment is to provide some flexibility, the concern was raised that there is nothing to specifically prohibit a property owner in the process of upgrading a site to reduce the percentage of open space beyond that currently existing. The ordinance was passed on first reading by unanimous vote with the inclusion of wording to this effect. The ordinance has been modified to provide that in no instance shall the percentage be reduced below the existing percentage of open space. Recommend approval of Ordinance No. 3-95 on second and final reading. / ref: agmemol 1 ~. ~~ (5) Relief from Open Space Requirements: Whenever the requirement to bring an existing site into full compliance triggers a requirement to increase the percentage of open space pursuant to the provisions of Section 4.3.4(K), a reduction of that requirement may be approved by the Site Plan Review and Appearance Board; however, in no instance shall the percentage be reduced below the existing percentaqe of open space. Concurrent with granting a reduction, the board must find that such reduction does not diminish the practical application of the requirement~ particularly as it relates to the perimeter of the site. RECEIVED CITY CLERK MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~ /~'~'- MEETING OF JANUARY 3, 1995 FIRST READING FOR ORDINANCE NO, 3-9~/AUTOMOTIVE COMMERCIAL DISTRICT SPECIAL REGULATIONS DATE: DECEMBER 30, 1994 This is first reading for Ordinance No. 3-95 which amends the Special Regulations of the Automotive Commercial (AC) District by adding a provision for relief from open space requirements under certain circumstances. In the AC district, whenever an existing use or structure is increased by 30% or more, the entire site must be brought into full compliance with current codes. A requirement unique to the AC district is that a minimum of 25% of the site must be left in open space. In some instances this has created difficulties for businesses seeking to upgrade their properties since site constraints limit the amount of open space available. The proposed amendment is intended to allow some flexibility in the required upgrades while not adversely affecting the original intent of the special regulations. Please refer to the staff documentation for analysis of the amendment. The Planning and Zoning Board reviewed this item on December 19, 1994, and voted 5 to 0 to recommend that the amendment as drafted be approved. Recommend approval of Ordinance No. 3-95 on first reading. If passed, a public hearing will be held on January 17, 1995. ref:agmemoll CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, ~ITY MANAGE~ FROM: DIRECTOR OF PLAN I ' ZON G- SUBJECT: MEETING OF JANUARY 3, 1995 AMENDMENT TO LDR SECTION 4.4,10(H)~ AUTOMOTIVE COMMERCIAL DISTRICT SPECIAL REGULATIONS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of an amendment to the Land Development Regulations. The affected section is 4.4.10 (H), Automotive Commercial (AC) District, Special Regulations. BACKGROUND: This amendment was initiated as a result of a discussion held by the City Commission at the meeting of October 4, 1994. The purpose of the amendment is to provide flexibility to owners of AC-zoned property who are expanding and upgrading their sites. Unlike other zoning districts, the AC regulations require that whenever an existing site or building is being expanded by 30% or more, every aspect of the site must be brought into full compliance with current codes. This provision has created some difficulties, especially as it relates to meeting current open space requirements. The Commission asked staff to see if the code could be amended to provide some relief to these requirements when appropriate. Additional background information and an analysis of the proposed amendment is provided in the attached Planning and Zoning Board report. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board reviewed several versions of amendments to the AC district that were designed to address this issue. The Board was very concerned that the amendment be limited in scope so as not to dilute the intent of the special regulations. The Board recommended approval of this final version by a 5-0 vote (Wheat and Kiselewski absent). RECOMMEND ED ACTION: By motion, approve the attached amendment to LDR Section 4.4.10(H), Automotive Commercial District, Special Regulations. Attachments: * Proposed amendment * P&Z Staff Report & Documentation of December 19, 1994. AMENDMENT TO LDR SECTION 4.4.10(H) (5) Relief from Open Space Requirements: Whenever the requirement to bring an existing site into full compliance triggers a requirement to increase the amount of open space pursuant to the provisions of Section 4.3.4 (K), a reduction of that requirement may be approved by the Site Plan Review and Appearance Board. Concurrent with granting a reduction to the required open spaced the board must find that such reduction does not diminish the practical application of the requirement, particularly as it relates to the perimeter of the site. T:CCAUTO.DOC PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: DECEMBER 19, 1994 AGENDA ITEM: V.D. LDR AMENDMENT TO SECTION 4.4.10(H), AUTOMOTIVE COMMERCIAL (AC) DISTRICT SPECIAL REGULATIONS ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission regarding a text amendment to LDR Section 4.4.10, Automotive Commercial (AC) zoning district. BACKGROUND: The AC zoning district contains special regulations which require that whenever an existing use is expanded by 30% or more in site area, or an existing structure is increased by more than 30% in floor area, the entire site must be brought into full compliance with all provisions of the AC district. This provision is unique to the AC district. When additions are proposed to existing sites located in other zoning districts, the required upgrades are less extensive. For example, an addition in any other zoning district that increases building size by 25% or more triggers a requirement to bring the landscaping up to full compliance with LDR Section 4.6.16. Compliance with other codes is addressed on a case by case basis, with existing site conditions and constraints taken into consideration. This flexibility is not provided in the AC district, and it can create difficulties when existing conditions do not meet all code requirements. In response to concerns expressed over this issue by representatives of local auto dealers, the City Commission discussed the subject at its meeting of October 4, 1994. The Commission asked that the Planning and Zoning Board consider an amendment to the AC district that would allow for some additiongl flexibility in the required upgrades. Of particular concern was the 25% minimum open space requirement. Auto dealerships need to store a substantial amount of inventory on their sites, which requires a great deal of paved area. There was a feeling among the Commission that too many requirements and restrictions may discourage property owners from proceeding with expansions and improvements. On October 17, 1994, the Planning and Zoning Board considered an amendment that would have allowed for waivers of a number of development standards, when associated with the requirement to upgrade to full compliance. The Board felt that the amendment as written would have applied to too many standards, and voted 5-2 to recommend to the City Commission that it be denied. U.S. P & Z Memorandum Staff Report LDR Amendment to AC Zoning District Page 2 Given that the open space requirement was the main concern expressed by the auto dealer's representatives, Planning and Zoning staff next conducted an analysis of existing auto dealerships to determine how many were in compliance with the 25% standard. Of the 19 dealerships that were examined, 5 met or exceeded the open space requirement. Three of those 5 are Wallace dealerships, located along Linton Boulevard. The other two, Sherwood Truck Sales and the Isuzu dealership, are on south Federal Highway. The amount of open space on the remaining sites varied from 11-19%. Staff presented the findings to the Board at its workshop meeting on November 14, 1994. Given the extent of existing nonconformities, and the need for dealerships and other auto uses to have significant paved areas for vehicle storage, staff recommended that the open space requirement in the AC zoning district be reduced, perhaps to 20%. After considerable discussion of that option, the Board was divided as to whether or not the open space requirement should be reduced, or if provisions for a waiver should be adopted. ANALYSIS: The amendment that is currently proposed would again apply only to properties that are required to come into full compliance with the LDRs as a result of an expansion in site area or building size that exceeds 30% of the existing size. The amendment adds a provision that would allow the Site Plan Review and Appearance Board to reduce the open space requirements for properties that are upgrading, based upon a finding that the reduction does not diminish the practical application of the requirement, especially as it applies to the perimeter of the site. This language is similar to the existing LDR provisions allowing for the granting of Adjustments [Sect. 2.4.7 (C)]. The open space reduction provision would have a very limited application, but would allow for some flexibility when necessary and justifiable, where such flexibility does not now exist. RECOMMENDED ACTION: By motion, recommend approval of an LDR amendment adding the following paragraph to Section 4.4.10, Automotive Commercial (AC) District, Section (H), Special Regulations: (5) Relief from Open Space Requirements Whenever the requirement to bring an existing site into full compliance triggers a requirement to increase the amount of open space pursuant to the provisions of Section 4.3.4 (K), a reduction of that requirement may be approved by the Site P & Z Memorandum Staff Report LDR Amendment to AC Zoning District Page 3 Plan Review and Appearance Board. Concurrent with granting a reduction to the required open space, the board must find that such reduction does not diminish the practical application of the requirement, particularly as it relates to the perimeter of the site. T:PZACAMD.DOC