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07-93 ORDINANCE NO. 7-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR A PARCEL OF LAND AS MORE PARTICULARLY DESCRIBED HEREIN, FROM PC (PLANNED COMMERCIAL) DISTRICT TO AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING LOCATED ON THE WEST SIDE OF FEDERAL HIGHWAY, SOUTH OF LINTON BOULEVARD; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1990"; 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 October 1, 1990, as being zoned PC (Planned Commercial) District; and, WHEREAS, a review of City records indicates that such zoning classification was inadvertently applied to said property; and, WHEREAS, at its meeting of December 14, 1992, the Planning and Zoning Board initiated a corrective rezoning of the property from PC (Planned Commercial) District to AC (Automotive Commercial) District and directed staff to prepare an analysis of the rezoning; and, WHEREAS, at its meeting of January 11, 1993, the Planning and Zoning Board, as Local Planning Agency, reviewed this item and voted unanimously to recom~end approval of the rezoning, based upon positive findings; and, WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated October 1, 1990, be corrected to reflect the proper 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 October 1, 1990, be, and the same is hereby corrected to reflect a zoning classification of AC (Automotive Commercial) District for the following described property: TRACT "A" OF THE PLAT OF GM'S ACRES, according to the Plat thereof recorded in Plat Book 29, Page 12,'of the Public Records of Palm Beach County, Florida, and the South 1/2 of Avenue "A" lying between Dixie Highway and S.R. #5 (U.S. Highway No. 1), LESS THE WEST 76 FEET THEREOF. The subject property, which is the site of Dan Burns Oldsmobile, is located on the west side of Federal Highway, south of Linton Boulevard; containing a 4.32 acre parcel of land, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, correct 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 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 5. 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 9th day of February , 1993. ATTEST: ~City Cl~rk First Reading January 26, 1993 Second Reading February 9, 1993 - 2 - ORD. NO. 7-93 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~/L~ SUBJECT: AGENDA ITEM ~ /OC - MEETING OF FEBRUARY 9. 1993 QRDINANCE NO. 7-93 DATE: February 5, 1993 This is the second reading of an ordinance correcting the zoning classification for a 4.32 acre parcel of land located on the west side of Federal Highway, south of Linton Boulevard (Dan Burns Oldsmobile) from PC (Planned Commercial) zone district to AC (Automotive Commercial) zone district. This rezoning request is corrective in nature. The existing use is a full service automobile dealership which was built in several phases between 1970 and 1985. During the adoption of the LDRs this parcel was incorrectly rezoned from SC (Specialized Commercial) to PC. The dealership is non-conforming under the PC zoning designation; therefore, rezoning to AC is appropriate. The Planning and Zoning Board at their January llth meeting recommended approval. A detailed staff report is attached as backup material for this item. At the January 26th regular meeting, Ordinance No. 7-93 was passed on first reading by a 5-0 vote. Recommend approval of Ordinance No. 7-93 on second and final reading. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: SUBJECT: AGENDA ITEM ~ /~C - MEETING OF JANUARY 26. 1993 ORDINANCE NO. 7-93 DATE: January 22, 1993 This is first reading of an ordinance correcting the zoning classification for a 4.32 acre parcel of land located on the west side of Federal Highway, south of Linton Boulevard (Dan Burns Oldsmobile) from PC (Planned Commercial) zone district to AC (Automotive Commercial) zone district. This rezoning request is corrective in nature. The existing use is a full service automobile dealership which was built in several phases between 1970 and 1985. During the adoption of the LDRs this parcel was incorrectly rezoned from SC (Specialized Commercial) to PC. The dealership is non-conforming under the PC zoning designation; therefore, rezoning to AC is appropriate. The Planning and Zoning Board at their January llth meeting recommended approval. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 7-93 on first reading. CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER THRU: R DEPARTMENT OF PLANNING AND ZONING · FROM: DIANE DOMINGUE SUBJECT: MEETING OF JANUARY 26, 1993 APPROVAL ON FIRST READING OF A REZONING OF TRACT "A" OF THE PLAT OF G.M.'S ACRES (DAN BURNS OLDSMOBILE) FROM PC (PLANNED COMMERCIAL) TO AC (AUTOMOTIVE COMMERCIAL) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a rezoning from PC (Planned Commercial) to AC (Automotive Commercial) for Tract "A" of the plat of G.M.'s Acres. The property, which is the site of Dan Burns Oldsmobile, is located on the west side of Federal Highway, south of Linton Boulevard. BACKGROUND: This rezoning request is corrective in nature. The existing use is a full service automobile dealership which was built in several phases between 1970 and 1985. In October 1990, the site was incorrectly rezoned from SC (Specialized Commercial) to PC (Planned Commercial) as part of the Citywide rezoning. The existing dealership is non-conforming under the PC zoning designation. This non-conforming status was recently discovered during a technical review of an adjacent parcel. At its meeting of December 14, 1992, the Planning and Zoning Board initiated a corrective rezoning of the property from PC to AC. The attached staff report was prepared pursuant to that action, and contains an analysis of the rezoning. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed the item at its City Commission Documentation Corrective Rezoning; Dan Burns Oldsmobile Page 2 meeting of January 11, 1993, and voted unanimously to recommend approval of the rezoning from PC (Planned Commercial) to AC (Automotive Commercial). RECOMMENDED ACTION: By motion, approve on first reading a rezoning of Tract "A" of the plat of G.M.'s Acres from PC (Planned Commercial) to AC (Automotive Commercial), based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(D)(5). Attachment: * P&Z Staff Report PLANNING & ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT--- MEETING DATE: January 11, 1993 AGENDA ITEM: II.A.1. ~EM: Corrective Rezoning, PC to AC, Dan Burns Oldsmobile Located on S. Federal Highway GENERAL DATA: Owner ......................... Dan Burns Oldsmobile, Inc. Agent ......................... David~. Harden City Manager Location ...................... West side of Federal Highway, south of Linton Boulevard. Property Size ................. 4.32 Acres City Land Use Plan ............ General Commercial City Zoning ................... PC (Planned Commercial) Proposed Zoning ............... AC (Automotive Commercial) Adjacent Zoning ........ North: AC East: AC South: AC West~ CF (Community Facilities) Existing Land Use ............. Existing automobile dealership. Proposed Land Use ............. Existing automobile dealership. Water Service ................. Existing on site. Sewer Service ................. Existing on site. II.A.1. ITEM BEFORE THE BOARD: The action before the Board is making a recommendation on a rezoning request from PC (Planned Commercial) to AC (Automotive Commercial). The subject property is Tract "A" of the plat of G. M.'s Acres, which is the location of Dan Burns Oldsmobile, a full service automobile dealership with a total area of 4.32 acres. It is located on the west side of Federal Highway, south of Linton Boulevard. Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to rezoning of any property within the City. BACKGROUND: The subject property was platted as a portion of G. M.'s Acres in 1969. The existing facility was built in several phases between 1970 and 1985. In October 1990, the site was rezoned from SC (Special Commercial) to PC (Planned Commercial), as part of the Citywide rezoning and adoption of the Land Development Regulations. The existing automobile dealership is a non-conforming use under the PC zoning designation. This non-conformity was discovered during the technical review of a project on an adjacent parcel. As it was not the City's intention to eliminate this existing use, this corrective rezoning of the property to AC (Automotive Commercial) was initiated by the Planning and Zoning Board on December 14, 1992. ZONING ANALYSIS: 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 zoning district and the zoning district must be consistent with the land use designation. The current Future Land Use designation for the subject property is General Commercial. The requested zoning P&Z Staff Report Rezoning from PC to AC for Dan Burns Oldsmobile Page 2 change is from PC (Planned Commercial) to AC (Automotive Commercial). The proposed zoning designation of AC is consistent with the General Commercial Future Land Use designation. The existing automobile dealership on the property is a permitted use in the proposed AC zoning district. 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. As the site is currently developed, and the rezoning is corrective in nature, no additional demand for service capacity will be generated by this action. No future development of the site is proposed. A positive finding can be made with respect to concurrency. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) 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 the making of a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following was found: 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 be adhered to: * Auto related uses shall not be permitted in the CBD Zone District or within the geographic area along Federal Highway which extends four blocks north and three blocks south of Atlantic Avenue. * Automobile dealerships may locate or expand west of Federal Highway or between the one-way pair system (except as restricted above). This automotive use is an existing, established use. It is located west of Federal highway, south of Linton Boulevard, and is not in any of the areas subject to this policy. Section 3.3.2 (Standards for Rezoning Actions): The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: P&Z Staff Report Rezoning from PC to AC for Dan Burns Oldsmobile Page 3 D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses 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 subject property is currently zoned PC. The property is adjacent to AC zoned properties with existing automotive uses on the north, south, and directly across Federal Highway. The property to the west of the site (Miller Park) is zoned CF (Community Facilities). The site is separated from the park by 200' of right-of-way. The uses on all of the sites are existing. The zoning change will reflect the existing conditions and will not affect the compatibility of the property with adjacent uses. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezonlng 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 and/or neighborhood. The applicable reason is "a," pursuant to the following: The PC zoning assigned to the Dan Burns site was apparently for a parcel to the north of the Delray Lincoln-Mercury site. That parcel was zoned AC in 1990, and has since been included in the Delray Lincoln-Mercury future site plan. The application of the PC designation to the subject property was inappropriate. LDR Compliance: Section 4.3.4 (Development Standards Matrix): AC district requirements for minimum lot size, lot width, lot depth, lot frontage, lot coverage, density, height and setbacks are met. However 25% of the site is not maintained as non-vehicular open space as required by LDR Section 4.3.4. This deficiency applies under both the PC and AC zoning districts and P&Z Staff Report Rezoning from PC to AC for Dan Burns Oldsmobile Page 4 is a pre-existing condition. Therefore it is not a relevant factor in the consideration of the rezoning. Section 4.4.10 Special AC District Requirements: Section 4.4.10(H)(1) provides that the supplemental regulations for the Automotive Commercial district are applicable only for the establishment of new uses, or for the expansion of existing uses. This is an existing use and no expansions are proposed at this time. The existing automotive use is generally in compliance with the requirements of 4.4.10. Therefore, a positive finding can be made. REVIEW BY OTHERS: The rezoning is not in a geographic area requiring review by either the HPB (Historic Preservation Board), DDA (Downtown Development Authority) or the CRA (Community Redevelopment Agency) . Neighborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. A special certified notice has been sent to each of the property owners of record. Courtesy notices have been sent to: * Tropic Bay Condominium Association * Tropic Isles Homeowner's Association who have requested notification of petitions in that area. Letters of objection, if any, will be presented at the P & Z Board meeting. ASSESSMENT AND CONCLUSION: The proposed rezoning affects an existing land use which was zoned PC in error with the adoption of the LDR in 1990. This rezoning will not affect the intensity of development on the site or the compatibility of the site with surrounding properties. A rezoning of this property from PC to AC would allow for the continuation of and necessary improvements to the existing facilities without creating undue conflicts with surrounding developments. Ail required positive findings can be made. A corrective rezoning of the Dan Burns Oldsmobile site is appropriate. P&Z Staff Report Rezoning from PC to AC for Dan Burns Oldsmobile Page 5 ALTERNATIVE ACTIONS: A. Continue with direction. B. Recommend rezoning of Tract "A" of G. M. 's Acres from PC to AC, based on positive findings. C. Deny a rezoning for Tract "A" of G. M.'s Acres, based on a failure to make positive findings. STAFF RECOMMENDATION: Recommend approval of the rezoning request for Tract "A" of G. M.'s Acres from PC (Planned Commercial) to AC (Automotive Commercial), based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(D)(5). Attachments: * Location Map Report prepared by : Jeff Perkins~ Planninq Technician I Reviewed by DJK on : BOCA BATON ~ DELRAY~~~B[ACII B©YN] ON Bi~ACH ~ DEERFIFI, D I1F ACH ~J~ OFREGU~TioNsTHE LANDo~ THEDEVE~OPMENTcooE OF A ~UBLJC HEARING w~ll ~ ~J~ o~ ORDINaNCeS O~ THE CITY O~ the ~ll~i~ ~ ~J~c~ ~t DE~AY BEACH, FLORIDA, TO Published Daily ~,~,.. T~,. ~...... ~. .,STO.,C ~,S..,CTS; ...~ _~~nn4n.v--- ---t~roug~ Sunday ~, ,~ ..w. ,,t ~.., ~,... .~.~. c~us~. ~.o ~. Boca Baton. Palm Beach County. Florida ~,~ .il, ,~,i~ ~ir ,~,i~. T~ Delray Beach. Palm Beach County. Florida ., ~. ~,.. ~ ,~ c,~ c,~ ,, ~ STATE OF FLORIDA ~,~,~.~, ...... sc~ s~u~.~ ~,STO.,C COUNTY OF PALM BEACH ~.*~ ~* ~v~o~m it7~ ~ lly MISSION OF THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING A Before the undersigned author . ersona .~c.. ~o.,~., ~.~,.o s~c. s.v,.o c~us~, ~ ~.~..~ .. appeared Nancy Smith, Inside Sales Man- .,o.~tv~o~......~. '~,o.s'..~ou~T,o.sO~ ,.~ ~.0o~ .,V~"~"~T~,C~S~' ~.~ .. ager of The News, daily newspapers pub- "~P~L'"GTHE CITY O~ D[L~'S,8.$USSECTiO,5~AC" 8Y lished in Boca Baton in Palm Beach County. ..,.,,c,,~,. '.~..~. s.~.~ ..0 ~. o.~,.~.c~ o~ ~.~ c,~. ~o~. Florida; that the attached copy of advertise- ~u~su.s~c~,o. ....,,c.~,, .~., ~o.,0~, ment was published in said newspapers in ..0v,o~ FOR THE P"OflI'JTION TJOfl~. ~ONING the issues of: SU~SUBSECT'O" '.'.YJB)(12),~N" OEVELO"MENT CR3 FLYINGF~GSOFSERVJCEORGA- ~U,SU.SECTION ,.,.,(,HI), ',N- /~ a.l~ /~J , lNG, AND TO PROVIDE FOR THE iN-LIEU FEE OPTION TO THE OLD LESS THAN ONE ACRE AND ONE ~VlNG C~USE. A GENE~L RE. F~G PER IJ~ S~UARE FEET ON PEALER CLAUSE, ANO AN EFFEC- · EFINITION~, BY ENACTING A ~ t~ Affiant further says that The News is a ANEFFtCTIV"OATt. BEACH. FLORIDA, ~ENOING newspaper published in Boca Baton, in said ~.m T'O"S'. SECT'O" '.'.~. s.*cE ~os~ O,S~e,CT', suas~c- Palm Beach County, Florida, Monday ~.o.o,..e~o~r.~c,v.c~ r,o.~c,,.r.e~.o through Sunday, and has been entered as T,O. r.,~ o~ ..e cooe o~ o.o,. c... O~ Oeu....E.C., ~o.,- second class matter at the post office in ~.ucr,~ ..~ .u~ o~ sr..os. .~..r~.s Boca Baton. Palm Beach County. Florida, c~,~.~c~., ~.o; u..e.~,..~. ~cc~sso~. ~ ~L RE~. USE; PEOVIOi~G A SAVING for a period of one year next preceding the . c~ ~ ~,~ c~u~, c~u~. ~ 0~.~.~ A~D ~ ~FF~WE ~TE. C~, AND AN EFFECTWE first publication of the attached copy of ~~ advertisement; and affiant further says that MISS'~ OF THE CI~ OF he has neither paidnorpromised any THE ~ ~FI~T¢~ FOR BEACH. FLORI~, ~ENDI~ person, firm or corporation any discount, *.~.~.~.~.e.... CNAPTEE 4, ~ONI.G TICU~RLY DE~Rt~D HEREIN, TION~, SECTION rebate, commission or refund for the put- ~ ~ (~O ~R- ~VELOPMENT STANDAR~ ~- pose of securing this advertisement for pub- ~U,~T,V~ ~,~,~) o,~ ~"T ~GU~T'O"S O' TH~ TRI~' ~1~ ~ BEI~ L~T- J CODE ~ ORDINANCES OF THE ~.~_~.~ SI~ ~ FEDER. I O~ OF OELRAY 8EAC~, FLORa' lication in said newspapers ~.~ o~ u.~ ~ . OA, TO REDUCE THE  REAR SETSACK FOR g~PLEXE5 ~ IN THE EL AND EM ZONING ~RI~S FROM B F~ET ~0 ~EET; PROVIDING A SAWNG  ~J~ J C~U~, AND AN EFFECTIVE ~TE. AN OROI~E ~ THE CI~ C~ ~ ~ ~ ~1 ~y ~i~ MINION OF THE CITY ~ ~L~YJ ~ ~ Ci~ ~mi~ ~ BEACH, FLOEIO~ ~ENDI~ A~ ~ ~ ~y ~ ~ at ~ Sworn to and subscribed before me this ,.~ ~.D OEVELO~ENT "EG~ ~11 ~ , ~ ~ ~ ~ ~TI~ OF THE ;OOE OF OROI- ~, ~ ~ ~i$ ~ ~h ~, a~H, FLORI~ BY ~ENDING ~m ~8 i~l~ ~ ~ THE OEFINITI~ OF ~IL~; ~ ~ ~ ~ ~ ~1 · GEflE~L RE~LER C~USE, ~ ~e ~n r~d. ~t AND AN EFFECTIVE DATE. F.S. ~01~. (Seal, Notary ~ State of Florida at large) ~,STa,C.o *~ O.""~"V*"~V..,.~E .~STS'.~" ' CHARLENE O'NEI