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19-93 FAILED ON FIRST READING - 2/9/93 ORDINANCE NO. 19-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.10, "AUTOMOTIVE COMMERCIAL (AC) DISTRICT", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTIONS (G) (4) AND (G) (5) (d) TO PROVIDE THAT CERTAIN LOCATIONAL CRITERIA FOR AUTO REPAIR USES SHALL BE APPLICABLE TO FULL SERVICE AUTOMOBILE DEALERSHIPS ONLY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER 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 January 25, 1993, and has forwarded the change with no recommendation due to a tie vote; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the change is not inconsistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELHAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.10, "Automotive Commercial (AC) District", Subsection 4.4.10(G), "Supplemental District Regulations", Sub-subsection 4.4.10(G) (4), "Locational Restrictions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (4) Locational Restrictions: (a) Repair facilities ~ o__r paint and body shops either of which are affiliated with Full Service Automotive Dealerships as defined in these Regulations shall be located at least 100 feet from any residentially-zoned lot. (b) For all repair uses, except (i) where existing or (ii) where it can be demonstrated to the Planning and Zoning Board that it is not reasonably feasible to comply~ ~service bay doors shall not be oriented toward any a~jacent residentially-zoned property, ~///W~ ~~/~~ nor oriented toward any adjacent public street. ~/~/~/~//~~/~/~/~~//~ (bc) Accessory fuel pump islands ~ or automated wash facilities for vehicles, either of which--are affiliated with Gasoline Stations as defined in these Regulations, shall not be located within 100 feet of any residentially-zoned property. (d) Wash' facilities shall be located within a completely enclosed building allowing for two (2) service bay doors. Fuel pump islands shall be located within an enclosed area reasonably concealed from public view ~/~ ~/~/~/~/~ff/~~. FAILED ON FIRST READING - 2/9/93 FAILED ON FIRST READING - 2/9/93~ Section 2. That Chapter 4, "Zoning Regulations", Article 4.4; "Base Zoning District", Section 4.4.10, "Automotive Commercial (AC) District", Subsection 4.4.10(G), "Supplemental District Regulations", Sub-subsection 4.4.10(G) (5), "Use and Operating Restrictions", subparagraph (d), of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (d) With respect to Full Service Automobile Dealerships, the following restrictions shall apply: (i) E~xcept for existing areas designated for off-loading, any areas designated for the off-loading of vehicles or for loading and deliveries shall be located to the rear of buildings and shall be located so as to contain noise on-site]; (ii) Tthese areas shall not be located closer than 100 feet from any residentially-zoned lot~1 and (iii) shall be appropriately designated, marked, and signed. Section 2. 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 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 4. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of , 1993. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 19-93 FAILED ON FIRST READING - 2/9/93~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~I~1 SUBJECT: AGENDA ITEM $ ~ - MEETING OF FEBRUARY 9. 1993 ORDINANCE NO. 19-93 DATE: February 5, 1993 This is first reading of an ordinance amending the Land Development Regulations to provide that certain locational criteria for auto repair uses shall be applicable to full service automobile dealerships only. As currently written, the AC (Automotive Commercial) zoning regulations contain locational and use restrictions which prohibit certain auto related activities to be located within 100 feet of any residentially zoned property. Those activities include auto repair, accessory fuel pumps, car wash facilities, and loading facilities. The restrictions make it impossible for many stand-alone auto repair businesses, especially those along the Federal Highway pairs, to become conforming uses. This proposed ordinance would amend the AC zoning district regulations so that those locational and use restrictions would apply only to full-service automobile dealerships, thus providing a mechanism for smaller operations to become conforming. The Planning and Zoning Board at their January 24th meeting failed to make a recommendation by a 3-3 vote (Beer, Kellerman and Krall in favor of denial - Felner, Naron Kiselewski in favor of approval). Recommend consideration of Ordinance No. 19-93. ORDINANCE NO. 19-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.10, "AUTOMOTIVE COMMERCIAL (AC) DISTRICT", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTIONS (G) (4) AND (G) (5) (d) TO PROVIDE THAT CERTAIN LOCATIONAL CRITERIA FOR AUTO REPAIR USES SHALL BE APPLICABLE TO FULL SERVICE AUTOMOBILE DEALERSHIPS ONLY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER 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 January 25, 1993, and has forwarded the change with no recommendation due to a tie vote; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, 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 FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4=10, "Automotive Commercial (AC) District", Subsection 4.4.10(G), "Supplemental District Regulations", Sub-subsection 4.4.10(G) (4), "Locational Restrictions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (4) Locational Restrictions: (a) Repair facilities ~ o__r paint and body shops either of which are affiliated with Full Service Automotive Dealerships as defined in these Regulations shall be located at least 100 feet from any residentially-zoned lot. (b) For all repair uses, except (i) where existing or (ii) where it can be demonstrated to the Planning and Zoning Board that it is not reasonably feasible to comply~ S~ervice bay doors shall not be oriented toward any adjacent residentially-zoned property, ~///W~ ~~/~~ nor oriented toward any adjacent public street~ ~/~/~/b~//~m~~/~/~/P~//~ Z~l~l~l~l~l~lf~l~l~m~I~L (~c) Accessory fuel pump islands ~ or automated wash facilities for vehicles, either of which---are affiliated with Gasoline Stations as defined in these Regulations, shall not be located within 100 feet of any residentially-zoned property. (d) Wash facilities shall be located within a completely enclosed building allowing for two (2) service bay doors. Fuel pump islands shall be located within an enclosed area reasonably concealed from public view ~/~ ~/~/~/9~bI~/~ff/~~. Section 2. That Chapter 4, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.10, "Automotive Commercial (AC) District", Subsection 4.4.10(G), "Supplemental District Regulations", Sub-subsection 4.4.10(G) (5), "Use and Operating Restrictions", subparagraph (d), of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (d) With respect to Full Service Automobile Dealerships, the followinq restrictions shall apDly: (i) ~xcept for existing areas designated for off-loading, any areas designated for the off-loading of vehicles or for loading and deliveries shall be located to the rear of buildings and shall be located so as to contain noise on-site~; (ii) ~these areas shall not be located closer than 100 feet from any residentially-zoned lot~i and (iii) shall be appropriately designated, marked, and signed. Section 2. 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 or part other than the part declared to be invalid. whole thereof Section 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 4. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1993. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 19-93 CITY COMMI SS ION DOCUMENTATION TO: ~-qIAVID T. HARDEN, CITY MANAGER THRU: IrAVID J. KOVACS, DIREI2TOR DEPARTMENT OF PLANNING AND ZONING FROM: DIANE DOMINGUEZ, PLANNER I~~~~ <3/ SUBJECT: MEETING OF FEBRUARY 9, 1993 FIRST READING~ ORDINANCE AMENDING LDRs SECTION 4.4.10(G)(4)~ LOCATIONAL CRITERIA FOR AUTO REPAIR USES IN THE A.C. ZONE DISTRICT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of consideration on first reading, of an ordinance modifying the City's Land Development Regulations (LDRs). The affected Sections are: * 4.4.10(G)(4)(a)&(b): Locational Restrictions * 4.4.10(G)(5)(d): Use and Operating Restrictions BACKGROUND: This requested change was proposed by a private party (Michael Weiner letter of November 24, 1992). As currently written, the AC (Automotive Commercial) zoning regulations contain locational and use restrictions which prohibit certain auto related activities to be located within 100 feet of any residentially-zoned property. The affected activities include auto repair, accessory fuel pumps, car wash facilities, and loading facilities. The restrictions make it impossible for many stand-alone auto repair businesses, especially those along the Federal Highway pairs, to become conforming uses. The petitioner is requesting that the AC zoning district regulations be amended so that those locational and use restrictions apply only to full-service automobile dealerships, thus allowing smaller operations to have an opportunity to become conforming. Please refer to the Planning and Zoning Board Staff Report for more detail. City Commission Documentation First Reading, Ordinance Amending LDRs 4.4.10(G) Locational Criteria in the A.C. Zone District Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board held its first formal review of this item at a Special Meeting held on January 11, 1993. Michael Weiner addressed the item and expressed his support for the amendment. The Board discussed the impacts of the various auto-related uses on residential properties, and debated whether or not those non-conforming uses should be allowed to become conforming. After considerable discussion, the Board continued the item to the meeting of January 25, 1993. At the Planning and Zoning Board meeting of January 25, Michael Weiner and Charles Spallita spoke in favor of the amendment; Helen Coopersmith spoke against it. Following additional discussion, a motion to recommend denial failed on a tie (3-3) vote (Beer, Kellerman, Krall voted in favor of the motion to recommend denial; Felner, Naron, Kiselewski voted against the motion; Currie was absent). RECOMMENDED ACTION: Board discretion. Attachments: * Ordinance by others * P&Z Staff Report & Documentation of January 11, 1993 DD/CCAUTO.DOC PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JANUARY 11, 1993 AGENDA ITEM: LDR TEXT AMENDMENT RE LOCATIONAL CRITERIA FOR AUTO REPAIR USES IN THE A.C. ZONE DISTRICT ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission regarding a proposed change to the LDRs. The changes contemplated are: * To allow stand-alone auto repair facilities adjacent to residentially zoned property (modification of an existing regulation). * To allow car wash facilities, not associated with a gasoline station, adjacent to residentially zoned property. * To allow loading areas associated with stand alone auto repair facilities adjacent to residentially zoned property. Currently, such uses are prohibited within 100' of residentially zoned property. BACKGROUND: This item is requested by a private party (Weiner letter of November 24, 1992). The request ~has:-'come.-about-~due inability to establish auto' repair ~se~.,on~ pr~pert~ due to specific locational criteria-[Section specific use and operating=restrictions'[Sectlon-4.4.1~(G)(5).]~:~.-. - TEXT CHANGES: Section 4.4.10(G)(4) Locational Restrictions (within AC zoning) (a) Repair facilities ~__or paint and body shops either of which may be affiliated with Full Service Automotive Dealerships as defined in these Requlations shall be located at least 100 feet from any residentially-zoned lot. Except (1) where existinq or (ii) where it can be demonstrated to the Planninq and Zoninq Board that it is not reasonably feasible to comply, ~service bay doors shall not be oriented toward any adjacent r~sidentially-zoned property, ~~ WM~ ~~ ~~ nor oriented toward any adjacent public street. ~6~ ~ ~ ~ P&Z Board Memorandum Staff Report LDR Text Amendment Re Locational Criteria for Auto Repair Uses in the A.C. Zone District Page 2 (b) Accessory fuel pump islands ~M~ or automated wash facilities for vehicles, either of which may be affiliated with Gasoline Stations as defined In these Regulations shall not be located within 100 feet of any residentially-zoned property. Wash facilities shall be located within a completely enclosed building allowing for two (2) service bay doors. Fuel pump islands~ shall be located within an enclosed area reasonably concealed from public view Section 4.4.10(G)(5)(d) Use and Operating Restrictions: ~~ With respect t0 Full Service Automobile Dealerships, the fol~owinq restrictions shall apply: (f) ERxcept for existing area designated for off-loading, any area designated for the off-loading of vehicles or for loading and deliveries 'shall be located to the rear of buildings and shall be located so as to contain noise on-sitel; (ii). ~these areas shall not be located closer than 100 feet from any residentially-zoned lot~i and (iii) shall be appropriately designated, marked, and signed. ~ALYS I S: The intent of the petitioner' s request Is to keep the regulations as they are with respect to Full Service Automobile Dealerships; but to acco~odate smaller scale-stand alone auto repair uses. This request seems appropriate given that there was intent, upon creation of the AC District, to tacco~~e..~;~an~'x~air uses and to provide an incentive for there-to-fore nonconfo~ing site to upgrade. In all circumstances, a free standing auto repair use is subject to conditional use approval; thus, If appropriate denial can be based upon proximity to residentially zoned property; or adequate mitigation can be required. RECOMMENDED ACTION: Board discretion. However, if approval is recommended, the following text is suggested (modifications to the applicant's request are shown): Section 4.4.10(G)(4) Locational Restrictions (a) Repair facilities or paint and body shops either of which ~ ~ are affiliated with Full Service Automotive Dealerships as defined in these Regulations shall be located at least 100 feet from any residentially-zoned lot. P&Z Board Memorandum Staff Report LDR Text Amendment Re Locational Criteria for Auto Repair Uses in the A.C. Zone District Page 3 (b) For all repair uses, except (1) where existing or (ii) where it can be demonstrated to the Planning and Zoning Board that it is not reasonably feasible to comply, service bay doors shall not be oriented toward any adjacent residentially-zoned property, nor oriented toward any adjacent public street. (~c_) Accessory fuel pump islands or automated wash facilities for vehicles, either of which ~ ~ are affiliated with Gasoline Stations as defined in these Regulations shall not be located within 100 feet of any residentially-zoned property. (d) Wash facilities shall be located within a completely enclosed building allowing for two (2) service bay doors. Fuel pump lslands~ shall be located within an enclosed area reasonably concealed from public view. Section 4.4.10(G)(5)(d) Use and Operatinq Restrictions: ( With respect to Ful%.. Servic- a,,t_nmnh~l, D-alerships, the follo~in~ restrict~ons shall aDDl~~~xcept for ex~lsting ~reas designated ~or off-loading, andrea designated for the off-loading of vehicles or for loading and deliveries shall be located to the rear of buildings and shall be located so as to contain noise on-site2~/~}hese areas shall not be located closer than 100 feet from any ~esidentially-zoned lot~and (iii) shall be appropriately designated, marked, and s~gned. - Attac~ents: * Weiner request letter of Nove~er 24, 1992 Report prepared by:~ ~~~ DJK/T:PZPAIR.DOC MICHAEL S. WEINER & ASSOCIATES, P.A. ATTORNEYS A T LAW The Clark House 102 North Swinton Avenue Delra¥ Beach, ~orMa 33444 MI(~HAEL 9. WEINER, South Palm Beach Courtly: (407} 265-2686 CAROLE ARONSON Nmlh Pa,tm Beach Counly: (407) 736-~_~1~l__ RANOI S. TOMPKINS Broward Counly: (305) 462-4935 Telecopier: {407) 272-683! OF COUNSEL: PETER d. MURRAY November 24, 1992 HAND DELIVERED Mr. David Kovacs Planning & Zoning City Hall 100 N.W. First Avenue Delray Beach, FL 33444 · RE: proposed text amendments to LDRs Our File No.: WALW(059)013 Dear David: I am enclosing proposed text amendments to the following sections of the Land Development Regulations: 1) Section 4.4.10 (G)(4); 2) Section 4.4.10 (G)(5); and '~' WLth respect to ?uii 3) Article 7.8. ,..*~'.~ *_*;: ~z, ~=, ~.=. ~ ~*)- ~.v: {i} except for As to sections 4.4.10 (G)(4) and (G)(5),~-I ~-~f~f~g {~-k~[l' proposed text amendment. As to Article 7.8, I have blocked out those sections which still refer to the old regulations. Please fill in the appropriate section numbers. ?h~p~ ,Q your consideration in this matter. Enclosure., PL4NNt3;~.:g ZONINo' Section 4.4.10 Locational Restrict~ons: (a) Repair facilities or paint and body shops either of which may be affiliated with Full Service Automobile Dealerships as defined in these Regulations shall be located at least 100 feet from any residentially-zoned lot. Except (i) where existing or (ii) where it can be demonstrated to the Planning and Zoning Board that it is not reasonably feasible to comply, service bay doors shall not be oriented toward any adjacent residentially-zoned property, nor oriented toward any adjacent public street. (b) Accessory fuel pump islands or automated wash facilities for vehicles, either of which may be affiliated with Gasoline Stations as defined in these Regulations shall not be located within feet of any residentially-zoned property. Wash facilities shall be located within an enclosed building allowing for two (2) service bay doors. Fuel pump islands shall be located within an enclosed area reasonably concealed from public view. Section 4.4.10 ~ (~ With respect to Full Service Automobile Dealerships, the following restrictions shall apply: (i) except for existing areas designated for off-loading, any areas designated for the off- loading of vehicles or for loading and deliveries shall be located to the rear of buildings and shall be located so as to contain noise on-site; (ii} these areas shall not be located closer than 100 feet from any residentially-zoned lot; and (iii) shall be appropriately designated, marked, and signed.