Ord 43-99 ORDINANCE NO. 43-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL)
DISTRICT IN THE AC (AUTOMOTIVE COMMERCIAL)
DISTRICT; SAID LAND BEING LOTS 37 AND 38, DELRA¥
BEACH ESTATES, LOCATED ON THE EAST SIDE OF NORTH
FEDERAL HIGHWAY IMMEDIATELY NORTH OF THE BORTON
VOLVO/VOLKSWAGEN DEALERSHIPS, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING
MAP OF DELRAY BEACH, FLORIDA, 1994"; 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
April, 1994, as being zoned GC (General Commercial) District; and
WHEREAS, at its meeting of October 18, 1999, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, considered this item at a public hearing and vo~ed
unanimously to recommend that the property hereinafter described be
rezoned, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of AC (Automotive
Commercial) District for the following described property:
Lots 37 and 38, DEL~Y BEACH ESTATES, according
to the Plat thereof as recorded in Plat Book 21,
Page 13, of the Public Records of Palm Beach
County, Florida.
The subject property is located on the east side
of North Federal Highway, i~ediately north of
the Borton Volvo/Volkswagen dealerships;
containing 2.23 acres, more or less.
Section 2. That the Planning Director of 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 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or wcrd
be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder herecf as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
i~ediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 16th day of November , 1999.
First Reading November 2, 1999
Second Reading November 16, 1999
- 2 - Ord. No. 43-99
I----- GULF STREAM BOULEVARD
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/
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C,T~ 0r D[LRAY BEACH, r. FROM: GC (GENE~L COMMERCIAL) TO: AC (AUTOMOTIVE COMMERCIAL)
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/~
SUBJECT: AGENDA ITEM # ]/9 ~ - REGULAR MEETING OF NOVEMBER 16, 1999
ORDINANCE NO. 43-99 (REZONING FOR BORTON MOTORS)
DATE: NOVEMBER 10, 1999
This is second reading and a quasi-judicial public heating for Ordinance No. 43-99 which rezones
Lots 37 and 38, Delray Beach Estates, from GC (General Commercial) District to AC (Automotive
Commercial) District. The subject property is located on the east side of North Federal Highway,
immediately north of the Borton Volvo/Volkswagen dealerships, and contains 2.23 acres.
The west half of Lot 37 is developed and is occupied by Bushey's Religious Supply store. The balance
of Lot 37 is vacant.. Lot 38 is also developed and was most recently occupied by Antique Market
Place, a flea market. The buildings were vacated in 1998, however, and remain vacant. Both
properties were developed while under Palm Beach County jurisdiction. On March 22, 1994, both
lots were annexed into the City pursuant to the ELMS III legislation [F.S. 171.046(2)(a)] with initial
zoning of GC (General Commercial).
The rezoning to AC (Automotive Commercial) is sought to allow the demolition of the existing
structures and incorporation of the two lots into the existing Borton Volvo and Volkswagen
dealerships.
The Planning and Zoning Board considered the proposed rezoning at a public hearing on October 18,
1999. There was no public testimony, and the Board voted unanimously to recommend that the
rezonmg be approved. At first reading on November 2, 1999, the City Commission passed
Ordinance No. 43-99 by unanimous vote.
Recommend approval of Ordinance No. 43-99 on second and final reading, based upon positive
findings and the recommendation of the Planning and Zoning Board.
RefiAgrnemo21.Ord.43-99.Rezoning for Borton Motors
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: October 18, 1999
AGENDA ITEM: v.B.
ITEM: Rezoning from GC (General Commercial) to AC (Automotive
Commercial) for a Parcel of Land Located on the East Side of
North Federal Highway, Immediately North of the Borton
Volvo/Volkswagen Dealership.
/U
GUL:' STR;' AId BOUL'~ VARD
GENERAL DATA:
Owner ..................................... Mary Menchel & Edgar Bushey,
Jr. Et Al
Agent ...................................... Roger Saberson
Applicant ................................. Kiell Bergh & Loren Sheffer
Borton Motors, Inc.
Location .................................. East side of North Federal
Highway, immediately north of the
Bo,"ton Volvo/Volkswagen
dealership.
Property Size .......................... 2.23 Acres
Land Use Map Designation .... General Commercial
Existing City Zoning ................ GC (General Commercial)
Proposed City Zoning ............. AC (Automotive Commercial)
Adjacent Zoning ............ N o,'lh: GC
East: Town of Gulf Stream - RS (Single
Family Residential)
South: AC
Existing Land Use .................. Vacant building used for storage
of furniture, furnishings,
equipment and other personal
items & Bushey's Religious Store
Proposed Land Use ................ Rezoning of the parcels from GC
to AC to be incorporated as part
of the existing automobile
dealership (Borton
Volvo/Volkswagen)
Water S~rv~c ..........................n/a
Sewer Service .........................n/a
The item before the Board is that of making a recommendation to the City
Commission on a privately sponsored rezoning from GC (General Commercial)
to AC (Automotive Commercial) for Borton Motors, pursuant to LDR Section
2.4.5(D).
Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make a
recommendation to the City Commission with respect to the rezoning of any
property within the City.
The subject property is located on the east side of North Federal Highway,
approximately 1,750 feet north of Allen Avenue, just north of Borton Volkwagen.
The proposal incorporates Lots 37 and 38, Delray Beach Estates, and contains
approximately 2.23 acres. The west half of Lot 37 is developed and is now
occupied by the Bushey's Religious Store. The remaining portion of Lot 37 is
vacant. Lot 38 is developed, however the buildings were vacated in 1998, and
was most recently occupied by Antique Market Place (flea market). Both
properties were developed while under Palm Beach County jurisdiction.
On March 22, 1994, both lots were annexed into the City pursuant to ELMS Ill
legislation [F.S. 171.046(2)(a)] with the GC zoning designation (via Ord. Nos. 15-
94 and 16-94).
The proposal is to change the zoning designation of the property from GC
(General Commercial) to AC (Automotive Commercial). The rezoning to AC will
allow the demolition of the existing structures and will be incorporated with the
existing Borton Volvo and Volkswagen Dealerships.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, ce~in findings must be made in a form which
is pa~ of the o~cial record. This may be achieved through information on
the application, the s~ff repo~, or minutes. Findings shall be made by the
body which has the authori~ to approve or deny the development
application. These findings relate to the Future Land Use Map,
Concurrency, Comprehensive Plan Consistency and Compliance with the
Land Development Regulations.
THRU: DIANE DOMINGUEZ, DIRECTOR OF PLANNING AND~ZON~NG
FROM: JASMIN ALLEN, PLANNER ~
SUBJECT: MEETING OF NOVEMBER 2, 1999
REZONING FROM GC (GENERAL COMMERCIAL) TO AC
(AUTOMOTIVE COMMERCIAL) FOR, BORTON MOTORS LOCATED ON THE
EAST SIDE OF NORTH FEDERAL HIGHWAY, IMMEDIATELY NORTH OF
THE BORTON VOLVO/VOLKSWAGEN DEALERSHIP
The action requested of the City Commission is that of approval on first reading of an
ordinance rezoning a 2.23 acre parcel located immediately north of the Borton
Volvo/Volkswagen Dealership.
The proposal incorporates Lots 37 and 38, Delray Beach Estates. The west half of Lot 37 is
developed and is now occupied by the Bushey's Religious Store. The remaining portion of Lot
37 is vacant. Lot 38 is developed, however the buildings were vacated in 1998, and was most
recently occupied by Antique Market Place (flea market). Both properties were developed
while under Palm Beach County jurisdiction. On March 22, 1994, both lots were annexed into
the City pursuant to ELMS III Legislation [F.S. 171.046(2)(a)] with the GC zoning designation
(via Ord. Nos. 15-94 and 16-94).
The rezoning to AC will allow the demolition of the existing structures and incorporation of the
sites within the existing Borton Volvo and Volkswagen dealerships. Additional background and
an analysis of the request are found in the attached Planning and Zoning Board Staff Report.
At its meeting of October 18, 1999, the Planning and Zoning Board held a public hearing in
conjunction with review of the rezoning. No testimony was taken from the public. After
closing the public hearing, the Board unanimously recommended approval of the rezoning on
a 7 to 0 vote.
By motion, approve on first reading the ordinance rezoning from GC (General Commercial) to
AC (Automotive Commercial) and setting a public hearing date of November 16, 1999.
Attachments: P & Z Staff Report and Documentation of October 18, 1999~` ~ ~. ,~ jS~ ~
LEGAL VERIFICATION FORM
FILE #: 99-244
PROJECT NAME: BORTON MOTORS
LEGAL DESCRIPTION:
Lots 37 and 38, Delray Beach ~,,r,~ates according to the plat thereof, as
recorded in Plat Book 21, Pa[}&' 13,)of the Public Records of Palm Beach
County, Florida.
SOURCE of Legal Description: SURVEY
VERIFICATION REQUEST NEEDED BY: OCTOBER 28, 1999
LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO SECOND
READING:
VERIFIED BY: DATE:
VERIFICATION REQUEST NEEDED BY:
LEGBORTON
P & Z Board Staff Report
Rezoning from GC to AC for Borton Motors
Page 2
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 General Commercial Future Land Use lvlap
designation and is currently zoned GC (General Commercial). The proposed AC
(Automotive Commercial) zoning is consistent with the General Commercial land
use designation. The proposal is to incorporate the subject parcels within the
existing dealerships. Pursuant to the LDR Section 4.4.10(B)(1), within the AC
zone district, full service automobile dealership is allowed as a permitted use.
Based upon the above, a positive finding can be made with respect to
consistency with the land use map designation.
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 Deiray Beach.
Water & Sewer:
[] Water service can be easily accommodated via a service lateral
connection to the existing 12" water main along the east side of Federal
Highway. Adequacy of fire suppression will be evaluated during the site
plan review process.
[] Sewer service is available via a service lateral connection to the existing
10" main along the east side of Federal Highway.
Pursuant to the 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 standard.
Drainage:
With a rezoning'request drainage plans are not required. The site is primarily
developed with existing structures on the south and northwest sides of the
property. The rezoning will not negatively impact this existing situation. The
proposal involves demolition of the existing structure and integration with the
dealerships to the south. With a site plan submittal, drainage plans will be
required. There are no problems anticipated with retaining drainage on site and
obtaining a South Florida Water Management District permit.
P & Z Board Staff Report
Rezoning from GC to AC for Borton Motors
Page 3 ....
Traffic:
As the intensity of uses within the GC and AC zoning districts are similar,
comparable traffic volumes would be generated. With the submittal of a site plan
application, a full traffic impact study must be submitted. The traffic study must
comply with the Palm Beach County Traffic Performance Standards Ordinance.
There are no problems anticipated meeting this level of service standard.
Parks and Recreation:
Park and dedication requirements do not apply to nonresidential uses.
Solid Waste:
Trash generated each year by the proposed automotive use under the AC zone
district will be equal to or less than that generated by the commercial uses
allowed under the GC zone district. The development of the property under the
AC zone district should not create an adverse impact on this level of service
standard.
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.
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.
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
a Fees:
[] Within the CBD zone district;
P & Z Board Staff Report
Rezoning from GC to AC for Borton Motors
Page 4
[] 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.
3. Rezoning to AC (Automotive Commercial) to accommodate auto
dealerships shall not be permitted west of 1-95.
4. Automobile dealerships shall be directed to the following areas:
Q North of George Bush Boulevard, between Federal and Dixie
Highways;
~1 East side of Federal Highway north of the north property line of the
Delray Swap Shop/Flea Market;
F3 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 l0th
Avenue, and along Wallace Drive.
5. 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.
If the rezoning is approved, the subject property will be incorporated within the
existing full service automobile dealerships. The development proposal is
consistent with this Policy as the subject property is located east of Federal
Highway north of the north property line of the Delray Swap Shop/Flea Market.
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 are must be in accordance
with the provisions of the Redevelopment Plan.
The North Federal Highway Redevelopment Plan was adopted by the City
Commission on March 16, 1999. The proposal will provide economic stimulation
P & Z Board Staff Report
Rezoning fr.o.._m GC to AC for Borton Motors
Page 5
and investment in the area and result in the redevelopment of a blighted property
which has not been well maintained for many years. The proposed development
will assist in the stabilization of the existing neighborhood to the south and should
be an inducement to redevelopment of the Federal Highway corridor. Thus, the
proposal is consistent with the objectives of the North Federal Highway
Redevelopment Plan.
Transportation Element Table T-1
Pursuant to the County's Thoroughfare Map and Transportation Element Table
%1 of the City's Comprehensive Plan, the ultimate right-of-way width for this
section of Federal Highway is 120 feet, and currently only 100' is provided.
Thus, with the site plan submittal, a right-of-way dedication of 10' must be
provided from the subject property.
Future Land Use Element Objective 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 complementary to adjacent land uses, and fulfills remaining land use
needs.
The property has been disturbed and is partially developed. The existing
structures will be demolished and automobile dealerships expanded. The
proposal fulfills the needs identified as part of the North Federal Highway
Redevelopment Plan. The proposed zoning of Automotive Commercial and its
potential uses will be complementary to the surrounding commercial
developments and can be developed in a manner that will be compatible with the
residences to the east. This policy will be further addressed at the time of site
and development plan review.
Section 3.2.2 (Standards for Rezoning Actions): Standards A and B are not
applicable. The applicable performance standards of Section 3.2.2 are as
follows:
(C) Zoning changes that would result in strip commercial development
shall be avoided. Where strip commercial zoning developments or
zoning currently exists along an arterial street, consideration should
be given to increasing the depth of the commercial zoning in order to
provide for better project design.
The proP0, sed AC zoning is not considered strip commercial zoning. The
site contains 2.23 acres and is to be incorporated with the existing
automobile dealerships.
(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
P & Z Board Staff Report
Rezoning from GC to AC for Borton Motors
Page 6
regulations exist to properly mitigate adverse impacts from the new
use.
The subject property is bordered by the following: to the north and west
are zoned GC (General Commercial); to the south is zoned AC
(Automotive Commercial); and, to the east the properties lie within the
Town of Gulf Stream and is zoned RS (Residential Single Family). The
surrounding land uses are as follows: to the north is Delray Pawn Shop;
south is Borton Volkswagen, a full service automobile dealership; to the
east are two single family homes associated with the Place Au Soleil
subdivision in the town of Gulf Stream; and to the west, across Federal
Highway, is Badcock Home Furnishing Center.
Compatibility with the adjacent properties is not a concern as the property
is bordered on the north, south and east by commercial uses. With regard
to the residences to the east, there is an existing 6' chain link fence along
the east side of the property. Sufficient regulations currently exist i.e.
increased building setbacks and buffering, to mitigate any potential
adverse impacts of the commercial uses Itel. LDR Sections 4.6.4(A) and
4.4.10(G)(4)]. These regulations include trees every 25 feet with a
continuous hedge or 6' high masonry wall adjacent to the residences and
location restrictions with respect to certain aspects of an automotive
dealership use. It should be noted that the current dealership has existed
adjacent to this neighborhood for many years with no concerns.
Compatibility will be further addressed at the time of site and development
plan review.
Section 2,4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of
Chapter Three, 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 r6quested 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 and/or
neighborhood.
The applicant has submitted a justification statement which states the following:
P & Z Board Staff Report
Rezoning from GC to AC for Borton Motors
Page 7
"The reasons for which the rezoning is being sought is based upon Item"b"
and "c". Due to the acquisition of the subject property by Borton Motors,
Inc. and the fact that the subject property is immediately abutting the
existing Borton Motors dealerships there has been a change in
circumstances which makes the current zoning inappropriate. The subject
property is not intended to be used as a separate independently used
property but instead is to be used as a part of the existing dealerships.
The proposed use is consistent with the designation of the subject
property on the Future Land Use Map and is of a similar intensity to other
uses which are allowed within the GC designation.
Comment: The basis for which the rezoning is being sought most closely relates
to Item "c". The proposed zoning is similar in intensity as allowed under the
General Commercial Future Land Use Map designation. Given the blighted
situation as well as the thrust for redevelopment and economic stimulation along
this section of Federal Highway, it is appropriate to rezone the property to AC.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be
addressed by the body taking final action on the development proposal.
Automotive Commercial Development Standards [LDR Section 4.4.10(F)]
Pursuant to LDR Section 4.4.10(F)(2), the sale, lease, or rental of automobiles,
boats, recreational vehicles, or trucks, shall be conducted on a lot which has the
following minimum dimensions and area:
a) Frontage: 125'
b) Width: 125'
c) Depth: 200'
d) Area: 1.5 Acres
While the proposal is to expand the auto dealerships, it is still appropriate to
review the above code section. The property has 200 feet of frontage and width,
521.94 feet of depth (average), and 2.23 acres, thus exceeding the minimum site
dimensions and area of the AC zone district.
In addition to the above, the AC zone district has special requirements regarding
outdoor display:areas, lighting, use and operating restrictions, bullpen parking
areas, and location of service areas as they relate to residential property. Future
development of the site must comply with these requirements.
Special Landscape Setback
In conjunction with the design standards established in the North Federal
Highway Redevelopment Plan and the recent text changes to the Land
P & Z Board Staff Report
Rezoning from GC to AC for Borton Motors
Page 8
Development Regulations, a minimum front building setback of 5' from the
ultimate right-of-way is established. The maximum building setback shall be 15'
unless it can be demonstrated to the Site Plan Review and Appearance Board
that it is not feasible to comply with this standard.
Submission Requirements
The ownership of Bushey's Religious Store is in the process of being changed.
Ownership documentation as required in LDR Section 2.4.3(A) shall be provided
prior to final action by the City Commission.
The subject property is not in a geographical area requiring review by the DDA
(Downtown Development Authority) and HPB (Historic Preservation Board).
Community Redevelopment Agency
At its meeting of October 14, 1999, the CRA reviewed and recommended
approval of the rezoning request.
Adjacent Municipalities
Notice of the rezoning has been provided to the City of Boynton Beach and the
Town of Gulf Stream. A response has not been received.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
[] La Hacienda Homeowners Association
[] Seacrest Homeowners Association
[] North Palm Trail Homeowners Association
[] PROD
El President's Council
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of
the subject property. Letters of support and objection, if any, will be presented at
the Planning and Zoning Board meeting.
i
The rezoning from GC (General Commercial) to AC (Automotive Commercial) is
consistent with the policies of the Comprehensive Plan and Chapter 3 of the
P & Z Board Staff Report
Rezoning from GC to AC for Borton Motors
Page 9
Land Development Regulations. The proposal is consistent with the North
Federal Highway Redevelopment Plan as it will provide the desired economic
stimulation and investment in the area, and result in the redevelopment of a
blighted property which has not been well maintained for many years. The
proposed rezoning will enable positive findings to be made with LDR Section
2.4.5(D)(5) (Rezoning Findings). Given the blighted situation as well as the
thrust for redevelopment and economic stimulation along this section of Federal
Highway; it is appropriate to rezone the property to AC which will allow the
expansion of full service automobile dealership as a permitted use under the AC
zoning district.
A. Continue with direction.
B. Recommend approval of the rezoning request from GC to AC for Boron
Motors, based upon positive findings with respect to Chapter 3
(Pefiormance Standards) of the Land Development Regulations, policies
of the Comprehensive Plan, and LDR Section 2.4.5(D)(5).
C. Recommend denial of the rezoning request from GC to AC for Boron
Motors, based upon a failure to make positive findings with respect to
LDR Section 2.4.5(D)(5), that the rezoning does not fulfill one of the
reasons for which a rezoning should be sought.
Recommend to the City Commission approval of the rezoning from GC to AC for
Boron Motors, based upon positive findings with respect to Chapter 3
(Pefiormance Standards) of the Land Development Regulations, policies of the
Comprehensive Plan, and LDR Section 2.4.5(D)(5).
A~achments:
Q Location/Zoning Map
~ Boundaw Su~ey
This Staff Repo~ was prepared by: Jasmin Allen, Planner
LEGAL NOTI~S
No't~ Q~ I,~.K 14EMING
A PUBLIC F~ING w~ be hdd on the
fotlowin~pmposed a'dirances ,* 7.'00
(or at any c~n,~ of suc~ rn~ng
N.W. 1st Avenue, Oe~ay Beach, Rori-
will conskfer their adof~. ~
100 N.W. 1st Aw;',ue, Delmy
and 5:00 p.m., Monclay throug~ Friday,
AN OR01NANCE OF THE CITY COM~
MISSION OF THE CITY OF DELRAY
SEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED
GC (GENERAL COMMERCU~L) DIG-
TRICT IN ~'IE AC (AL~OTIVE
iCOMMERCIAL DISTRIC'~ SAID
LAND BE NG LOTS 37 AND 38, DB--
REAY BEACH ESTATEG, LOCATED Off
iTHt mT S~GE OF.0m
HIGHWAY 'IMMEDIATELY NORTH OF
THE BORTON VOLVO/VOLKSWAGEN
DEALERSHIPS, AS MORE PARTICU-
LARLY DESGR~BED HEREIN; AMEND-
ING "ZONING MAP OF DELRAY
BEACH, FLORIDA lg~", PROVIDING
A GENERAL REPEALER CLAUSE, A
SAVIH6 CLAUSE, AND All ~
OATE.
,
AN ORDINANCE OF ~P~E COrY COM'
UISSION OF THE Cl'tY OF GEL.RAY
BEACH, FLORJDA, AMENDING SEC-
TION 4.4.19, "MIXED INDUSTRIAL
AND COMMERCIAL (MIC)
TRICT', SUBSECTION 4.4.19(D),
"CONDIT,0NAL USES AND STRUC-
"RJRES ALLOWED", OF THE LAND
THE CITY OF DELRAY ~CH, BY
DELETING SUBPAF~RAPH
4.4,19(D)(1)(c) AND BY A/)DING A
NEW SUBPARAGRAPH
4.4.19(O)(2)(f) TO NJ. OW 'TOVaNG
SERVICES WITH OUTSIDE STORAGE
AS A CONDITIONAL USE IN THE
ZONE DISTRICT; PROVIDING A GEN-
EP. AL REPEALER CLAUSE. A SAVING
AN ORDINANCE OF THE C~Y COM-
MISSION OF THE CI~' OF DE!.RAY
BEACH, FLORDIA, AMENDING SEC-
TION 4.4.15, 'PLANNED OFFICE CEN-
~ (POC) DISTRICT', SUBSECTION
4.4.1S(D), "CONDITIONAL USES ANO
STRUCTURES N.LOWED", OF THE
LAND 'RESTAURANTS, EXCLUDING
DRIVE-iN AND DRIVE-THROUGH
FACIL~EG' AS A CONDrTTONAL USE
IN THE POC ZONE OISTRICT; PRO-
VIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUS~ AND
AN EFFECTN~ DATE
AN ORDINANCE OF THE C}TY COM-
M!SSIOt~ OF THE Ch-Y OF DELRAY
BEACH. ~LORIDA DES!GNATING THE
FEL'.-0W$- F r~.,-L OF FIRST PRES-
BYTER!,~,' CHURCH OF DELRAY
~CH LCCA~, ED AT 36 [~ONSON
STREET AS MORE PARTIC;JLARLY
DESCRIBED, HE,AEON. AS A LOCAL
HISTORIC SITE TO BE USTED IN ~
LOCAL REGISTER OF HISTORIC
PLACES; PROVIOING
AMENDMENT OF THE 'ZONING MAP
OF DELRAY BEACH, R.ORIDA 1994"
TO SHOW THE HISTORIC DESIGNA-
TION IN AKI OVERLAY MANNER;
PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND
AN EFFECT~¥'E DATE
Plea,~ b~ a6'~ed l~at if ~ perso~
~;ides to appe~ any decJs~on made
~ the C~ Commission with respe~
insure 1~ a vermin record
uJ)o~ which me appea Is m be I~sed.
Pub~h: Noveml)er 5, 1999
Ad d~3775