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24-93 FAILED ON SECOND AND FINAL READING - 3/23/93 ORDINANCE NO. 24-93 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 LOCATED ON THE WEST SIDE OF S.E. 6TH AVENUE, BETWEEN S.E. 6TH STREET AND S.E. 7TH STREET, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the AC (Automotive Commercial) District, as defined in Chapter Four of the Land Development Regulations of the City of Delray Beach, Florida, to-wit: Lots 4, 5 and 6, less the South 10 feet of Lot 6, Block 11, OSCEOLA PARK, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 3, Page 2, LESS the East 5 feet thereof conveyed to the State of Florida for right-of-way of State Road #5 in Official Record Book 500, Page 148, Public Records of Palm Beach County, Florida. The subject property is located on the west side of S.E. 6th Avenue, between S.E. 6th Street and S.E. 7th Street, and is also known as 630-640 S.E. 6th Avenue. The above described parcel contains a 0.414 acre parcel of land, more or less. Section 2. That the Planning Director of the City of Delray Beach, Florida, shall, upon the effective date of this ordinance, change the Zoning District Map of the City of Delray Beach, Florida, to conform with the provisions of Section ! hereof. Section 3. That all ordinances or parts of ordinances which are in conflict herewith be and the same are hereby repealed.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 ~, 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 __ day of , 1993. MAYOR ATTEST: City.Clerk._ First Reading marcn lu, 1993 Second Reading March 23. 1993 - FAILED FAILED ON SECOND AND FINAL READING - 3/23/93 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~/%~ SUBJECT: AGENDA ITEM ~ ~0~ - MEETING OF MARCH 23. 1993 ORDINANCE NO. 24-93 DATE: March 19, 1993 This is the second reading of an ordinance rezoning and placing land presently zoned GC (General Commercial) District in the AC (Automotive Commercial) District; said land being located on the west side of S.E. 6th Avenue between S.E. 6th and 7th Streets (former Tire Kingdom site) . In 1980, Tire Kingdom established a tire sales and installation use under the former SC (Specialized Commercial) zone district. With the adoption of the Land Development Regulations, the SC zone category was eliminated and the AC zone created. AC zoning was applied to existing full service auto dealerships and other permitted auto related uses. The AC zoning was also applied to auto repair and specialty service shops which had obtained conditional use approval subsequent to 1985 under SC zoning. The subject property had not received conditional use approval and was rezoned to GC. Auto repair and specialized service shops are not permitted uses in the GC district. Consequently, Tire Kingdom became a lawfully non-conforming use. In January 1993, Tire Kingdom relocated its operation to Linton Boulevard. Subsequently, the property owner entered into a lease agreement with Meineke Muffler. However, in order to establish the muffler sales and installation use at this site, rezoning and conditional use approval is required. The Planning and Zoning Board at their March 15th meeting recommended denial of the rezoning and conditional use applications. A detailed staff report is attached as backup material for this item. At the March 10th regular meeting, Ordinance No. 24-93 was passed on first reading by a vote of 4-0. Recommend denial of Ordinance No. 24-93 on second and final reading. ORDINANCE NO. 24-93 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 LOCATED ON THE WEST SIDE OF S.E. 6TH AVENUE, BETWEEN S.E. 6TH STREET AND S.E. 7TH STREET, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the AC (Automotive Commercial) District, as defined in Chapter Four of the Land Development Regulations of the City of Delray Beach, Florida, to-wit: Lots 4, 5 and 6, less the South 10 feet of Lot 6, Block 11, OSCEOLA PARK, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 3, Page 2, LESS the East 5 feet thereof conveyed to the State of Florida for right-of-way of State Road #5 in Official Record Book 500, Page 148, Public Records of Palm Beach County, Florida. The subject property is located on the west side of 6th Avenue, between S.E. 6th Street and S.E. 7th Street, and is also known as 630-640 S.E. 6th Avenue. The above described parcel contains a 0.414 acre parcel of land, more or less. Section 2. That the Planning Director of the City of Delray Beach, Florida, shall, upon the effective date of this ordinance, change the Zoning District 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 which are 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 __ day of , 1993. MAYOR ATTEST: City Clerk First Reading Second Reading MEMORANDUM '~MAYOR AND CITY COMMISSIONERS TO: FROM: CITY MANAGER ~ SUBJECT: AGENDA. ITEM # ~0~-% _ MEETING OF MARCH 23. 1993 CONDITIONAL USE APPROVAL/MEINEKE MUFFLER DATE: March 19, 1993 We have received a request for conditional use approval to establish a specialized automobile service shop (muffler sales and installation) at 630 S.E. 6th Avenue (former Tire Kingdom site). The development proposal is to establish a specialized service shop, Meineke Muffler, within two buildings. The main building consists of three bays with overhead doors, an office area and a 1,000 square foot use area (three car lifts), which is roofed but not enclosed. On the northwest corner of the site is a 2,528 square foot building which Tire Kingdom used for tire storage. The balance of the site is mostly asphalt for vehicular use, with minimum landscaping. The Planning and Zoning Board at their March 15th meeting recommended denial of the rezoning and thus, the conditional use request is moot. A detailed staff report is attached as backup material for this item. Recommend denial of the conditional use request to establish a specialized automobile service shop (muffler sales and installation) at 630 S.E. 6th Avenue (former Tire Kingdom site). [lTV OF DELRfl¥ BEIIgH 100 N.W. 15t AVENUE · DELFIAY BEACH, FLORIDA 33444 · 407/243-7000 NOTICE OF CONDITIONAL USE PUBLIC NOTICE #93-060 Pursuant to Section 2.4.2(B)(1)(e) of the Land Development Regulations of the City of Delray Beach, you are hereby notified that the Planning and Zoning Board of the City of Delray Beach, Florida, as Local Planning Agency, will consider a request for conditional use for Mleneke Mufflers, as follows: A privately sponsored petition to allow the re-establishment of a specialized service shop Mieneke Mufflers, at the former Tire Kingdom site located on the west side of S.E. 6th Avenue, south of S.E. 6th Street (630-640 S.E. 6th Avenue). The current zoning designation of the site is GC (General Commercial). A change in the zoning designation to AC (Automotive Commercial) is being processed concurrently with the conditional use request. A Public Hearing on the proposed conditional use and rezoning will be held on Monday~ March 15~ 1993, at 7:00 P.M., in the City Commission Chambers at the City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, for the purpose of receiving public comment. The conditional use request may be inspected at the Planning Department Office, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444, Phone: 407/243-7040, between the hours of 8:00 A.M. and 5:00 P.M. on weekdays (excluding holidays). All interested parties are hereby notified to appear at said hearing, in person or by authorized representative, to be heard on any such issues or properties. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING AND ZONING BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SUCH PERSONS WILL NEED A RECORD OF THESE PROCEEDINGS, AND FOR THIS PURPOSE SUCH PERSONS MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. THE CITY DOES NOT PROVIDE OR PREPARE SUCH RECORD. Pursuant to F.S. 286.0105. PUBLISH: Delray Beach News CITY OF DELRAY BEACH March 5, 1993 Alison MacGregor Harty City Clerk THE EFFORT ALWAYS MATTERS CITY COMMISSION DOCUMENTATION TO:~\/f'"'b-~gI'DT"I'~'~J~HARDEN' CITY MANAGER THRU: .... D~%~I4) J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF MARCH 23, 1993 REZONING FROM GC (GENERAL COMMERCIAL) TO AC (AUTOMOTIVE COMMERCIAL)~ AND CONCURRENT CONDITIONAL USE REQUEST TO ALLOW A SPECIALIZED SERVICE SHOP AT THE FORMER TIRE KINGDOM LOCATION~ 630-640 S.E. 6TH AVENUE ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on second reading of a rezoning from GC to AC for the former Tire Kingdom location, and approval of a concurrent Conditional Use request to re-establish a specialized automotive service shop. The project is a proposed Meineke Muffler shop. The property is located at 630-640 S.E. 6th Avenue (Northbound Federal Highway). BACKGROUND: This property is the former location of Tire Kingdom, which has moved its operation to a new building on Linton Boulevard. Tire Kingdom was established on the subject property in 1980 under the former SC (Specialized Commercial) zoning. In 1990 the property was rezoned to GC (General Commercial) as part of the Citywide rezoning, and the use became non-conforming. A more detailed zoning and use history of the property is included in the attached Planning and Zoning Board staff report. The owner of the subject property has negotiated a lease with Meineke Muffler which provides a March 31, 1993 occupancy date. When Meineke applied for an occupational license they were informed that they could not move into the site because the use, specialized service shop, is not permitted in the GC district. While Tire Kingdom had operated on the premises as a lawful non-conforming use, that non-conforming status prohibits the change from one type of specialized service shop to another. In order for Meineke to move to this location, a rezoning to AC and conditional use approval are required. Given the desired March 31st move-in date, staff expedited the rezoning and conditional use process, and the first reading of the rezoning ordinance was acted upon by the City Commission on March 10, 1993. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed both the rezoning and conditional use requests at its meeting of March 15, 1993. During the discussion regarding the proposed use, it was noted that the applicant was intending to lease the storage building on the north side to a separate tenant. Staff recommended that an additional condition of approval be imposed which would prohibit the use of the storage building by any business other than the principal user of the property. Seven (7) people spoke in opposition to the proposal, stating concerns over noise, the property's appearance, and the general impacts of the use on adjacent areas. In addition, a petition was presented which had been signed by 28 residents of the Churchill Condominiums, located on the east side of Federal Highway from the property. The petition states that the residents are opposed to changing the zoning to accommodate Meineke or any comparable establishment. The Board expressed concerns about the numerous site deficiencies, and in general felt that the site was "over-built." They did not think that the site could accommodate a specialized service shop in a manner that would allow it to function properly, without negatively impacting adjacent properties. The Board then voted 6-0 (Felner absent) to recommend denial of the request for rezoning from GC to AC, and by separate motion, voted 6-0 to recommend denial of the conditional use request for a specialized service shop. RECOMMENDED ACTION: By motion, deny Ordinance No. -93 on second reading pursuant to the recommendation of the Planning and Zoning Board. No action is necessary on the conditional use request since it becomes moot with denial of the rezoning. Attachment: * P&Z Staff Report & Documentation of March 15, 1993 DD\T:CCTIREK.DOC PLANNING & ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT--- MEETING DATE: March 15, 1993 AGENDA ITEM: III.C ITEM: Rezoning from GC to AC and Concurrent Conditional Use Request to Allow the Re-Establishment of Specialized Service Shop- Meineke Mufflers at the Former Tire Kingdom Property ! ///J~ ~ ~g~, Il I Il II I~~ II ~_,__,J~l ! GENERAL DATA: Owner ......................... Minnie Plascove Applicant ..................... Manuel Plascove Location ........... ~ .......... West side of SE 6th Avenue (Federal Highway - Northbound) between SE 6th Street and SE 7th Street. Property Size ................. 0.414 acres City Land Use Plan ............ General Commercial City Zoning ................... GC (General Commercial) Proposed Zoning ............... AC (Automotive Commercial) Adjacent Zoning ........ North: GC East: RM South: GC West: GC Existing Land Use ............. Vacant Specialized Service Shop (Tire Shop). Proposed Land Use ............. Establish Specialized Service Shop (Muffler Shop). Water Service ................. Existing on site. Sewer Service ................. Existing on site. ITEM BEFORE THE BOARD: The action before the Board is that of making a recommendation to the City Commission on the following items: Request to rezone Lots 4,5, and 6, Block 11 of the Osceola Park Plat from GC (General Commercial) to AC (Automotive Commercial), pursuant to LDR Section 2.4.5(D); and Request for Conditional Use approval to establish a specialized automobile service shop (muffler sales and installation), pursuant to LDR Section 2.4.5(E). The subject property is located at 630 S.E. 6th Avenue (Northbound Federal Hwy). BACKGROUND : In 1948, a 4-unit apartment building was constructed at the northern portion of the subject property. In 1967, a single story commercial structure was constructed on the southern half. At an undetermined date, the apartments were converted to a non-residential use (primarily storage). In 1980, Tire Kingdom established a tire sales and installation business on the site under the former SC (Specialized Commercial) zoning. At that time the SC district included automobile repair and specialized service shops as permitted uses. In November of 1985, the SC district was amended to provide restrictions on auto related uses. The effect of that change was to restrict stand-alone auto repair facilities to the City's industrial districts. Certain types of auto service shops such as tire and muffler shops continued to be allowed in the SC zone, but only as conditional uses. The SC zoning classification was eliminated in October of 1990, with the adoption of the new Land Development Regulations. Full service auto dealerships, as well as stand-alone auto service and repair facilities which had obtained conditional use approval subsequent to 1985 under the SC zoning, were rezoned AC (Automotive Commercial). The subject property and other facilities which had not received conditional use approval were rezoned to GC, General Commercial. Auto repair and specialized service shops are not permitted uses in the GC district; consequently, Tire Kingdom became a lawfully non-conforming use. In January of this year, Tire Kingdom relocated its operation to a new site at Linton Boulevard, just west of the F.E.C. railroad. The owner of the Federal Highway property has negotiated a lease for its occupancy by Meineke Mufflers. When Meineke applied for an occupational license, they were informed P & Z Board Staff R, ort Rezoning and Conditional Use Request for Meineke Mufflers Page 2 that they could not occupy the premises because the use is not permitted in the General Commercial zoning district. While Tire Kingdom could continue to operate at this site indefinitely as a lawfully non-conforming use, the change from one type of specialized service shop to another is not permitted, without first obtaining AC zoning and conditional use approval. Therefore, in order to establish the muffler sales and installation operation, rezoning and conditional use approval is required. The owner has applied to rezone the property to AC (Automotive Commercial), and has submitted a conditional use application to be considered concurrently. PROJECT DESCRIPTION: The development proposal is to establish a specialized service shop (Meineke Muffler) within two buildings. The main building (2,528 sq.ft.) consists of three bays with overhead doors, an office area, and a 1,000 sq.ft, use area (3 car lifts), which is roofed but not enclosed. On the northwest corner of the site is a 2,528 sq.ft, building (former apartments) which Tire Kingdom had used for tire storage. The balance of the site is mostly asphalt for vehicular use, with minimal landscaping. No site improvements have been proposed to date. However, there are numerous site deficiencies which have been identified during the review of this request. Those deficiencies are discussed further in this report under the section dealing with Compliance with Land Development Regulations. Any required upgrades to the site will be processed through an application for a non-impacting site plan modification. ZONING AND CONDITIONAL USE 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. lFuture Land Use Map:I The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. P & Z Board Staff R~_ort Rezoning and Conditional Use Request for Meineke Mufflers Page 3 The subject property has a Land Use Plan designation of General Commercial and is currently zoned GC (General Commercial). An application for a rezoning from GC to AC (Automotive Commercial) is being processed concurrent with a conditional use request. The AC zone designation is deemed consistent with the General Commercial land use plan designation (see page 4 of this report under "Consistency" for comments pertaining to the "auto policy"). Pursuant to Section 4.4.10(D)(6) and (7), within the AC zone district, specialized service shops e.g. detailing, brake shops, etc., are allowed as a Conditional Use. Pending final approval of the rezoning to AC, a positive finding can be made with respect to consistency with the Future Land Use Map. 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 facllit~es shall be provided pursuant to levels of service established within the Comprehensive Plan. This proposal involves a change from one type of specialty auto service (tire sales and installation) to another (muffler sales and installation). The change will not result in additional impacts on level of service standards for existing facilities. The following is a description of the facilities currently serving the site. Water and Sewer: Water is provided to the site via a 2" main, and sewer is provided to the site via a 10" main, both of which are located in the alley to the rear of the property. The 2" main does not meet the current standard (8" main). The City does not presently have plans to upgrade the mains in this area. As this is an existing condition, and no additional impacts on the service are being proposed, the applicant shall not be required to upgrade the main with this request. Drainaqe: The method in which drainage is accommodated is not indicated, however, as additional pavement or building area is not being proposed, there are no drainage upgrades required at this time. Streets and Traffic: Pursuant to Section 2.4.5(D) with all rezoning requests, traffic information is required which addresses the development of the property under reasonable intensity pursuant to the existing and proposed zoning classifications. The requirement for a traffic P & Z Board Staff R,_ort Rezoning and Conditional Use Request for Meineke Mufflers Page 4 study can be waived by the Planning Director if the existing and proposed zoning districts allow uses which would generate similar traffic volumes. In this case the zoning designations as well as the previous and proposed uses are of a similar intensity and there is no increase in building square footage proposed. Thus no additional traffic volumes are anticipated, and the need for a traffic study is waived. Parks and Recreation Facilities: Park dedication requirements do not apply for nonresidential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Solid Waste: Trash generated by the proposed specialized service shop is not expected to increase over that produced by the previous occupant, and will not be significant with respect to level of service standards. IConsistency:] 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) and Section 2.4.5(E)(5) (Conditional Use 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 applicable objectives are noted. Land Use Element Policy A-2.4 - Auto related uses which involve the servicing and repair of vehicles, other than as a part of a full service dealership, shall be directed to industrial/commerce areas. Subsequent to the establishment of the above stated policy, the AC zone district was created. Pursuant to the Purpose and Intent statement of the AC district, [Section 4.4.10(A)], AC zoning "has been created to provide specific regulations for this class of use and related uses when those related uses are not located within Commerce or Industrial Districts; and to further Objective A-2 of the Land Use Element." Specialized service facilities are permitted in the AC zoning district through the conditional use process, which provides the opportunity to require improvements and measures to reduce the potential negative impacts. Thus, the proposal is consistent with the policy and direction developed when the AC zoning district was created. P & Z Board Staff R~ort Rezoning and Conditional Use Request for Meineke Mufflers Page 5 Additionally, the interpretation of this policy has been that it does not exclude all "service" type uses from areas that are not designated Industrial or Commerce. For example, gasoline stations and oil change/lubrication stations are accommodated under General Commercial zoning. Thus, while one may argue that a stand-alone repair shop would be in conflict with this policy, a specialized use such as a muffler or tire shop would be considered on an individual basis. 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: 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 GC (General Commercial). To the north and south is property zoned GC, to the west is AC zoning, and to the east is RM (Medium Density Residential). The attached zoning map of the subject property and surrounding area depicts the boundaries of the various zoning districts. The existing land use north of the site is a non-conforming single family residence. On the 50' lot located immediately to the south is a building which was formerly occupied by a retail craft shop (date of last occupational license: 1988). South of that building is Dixie Motor Sales, a used car business. Another use car operation is located to the west across the alley. To the east, on the other side of northbound Federal Highway, are condominium buildings. The rezoning to AC will be compatible with the auto sales and commercial uses to the west and south. To the east, on the other side of Federal Highway are condominium buildings. The condominiums face the Intracoastal Waterway with the parking situated along Federal Highway. The highway, the parking areas, and existing landscaping act as a buffer between the residential and commercial uses. The change from GC to AC will not create an incompatibility with the condominium development. The AC zoning district prohibits repair facilities and paint and body shops from being located within 100 feet of residentially zoned property. While the main building on the subject property is located 98.2' from the RM zoning district to the east, the service facilities themselves (bays and lifts) are located 115.6 feet from the district, therefore, this standard can be considered as being met. P & Z Board Staff Ru~ort Rezoning and Conditional Use Request for Meineke Mufflers Page 6 An incompatibility presently exists between the subject property and the single family home to the north. While compatibility will be enhanced by the installation of improvements associated with the conditional use request (as discussed later in this report), of greater significance is the fact that the single family home is a non-conforming use which is surrounded on three sides by commercial uses. While it is currently occupied, it is not in an appropriate location for long-term use as a single family home, and should not be a determining factor in the evaluation of this rezoning request. 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 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 requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more aDproDriate for the property based upon circumstances particular to the site and/or neighborhood. Item (c) above is the basis upon which the rezoning is being justified. The proposed Automotive Commercial zoning designation is deemed consistent with the General Commercial land use plan designation. The site has been used for specialty auto repair since 1980, and has established itself as a viable location for this type of business. A general commercial use such as retail or restaurant would probably be more difficult to establish at this location, given the one-way street and the adjacent auto related uses. The AC zoning is more appropriate at this location than GC given the previous use of the site. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. P & Z Board Staff R~,ort Rezoning and Conditional Use Request for Meineke Mufflers Page 7 As previously stated, the subject property is bordered on the north and south by the GC (General Commercial) zone district, on the west by AC zoning, and on the east by the RM (Medium Density Residential) zoning district. The existing land use north of the site is a non-conforming single family residence. South and west are commercial and auto related uses, and on the other side of northbound Federal Highway are condominium buildings. In terms of neighborhood stability, the subject property is not located within a residential neighborhood. The condominiums to the east are buffered by the highway, and will not be negatively impacted by the use of muffler sales and installation. The non-conforming single family home to the north is buffered to an extent by a hedge and shrubs located between it and the subject property. In terms of the redevelopment of nearby properties, the continued occupation and viability of the former Tire Kingdom site will promote rather than hinder that redevelopment. If the rezoning and conditional use are approved, making specialized service a conforming use, it is appropriate to require certain upgrades to the site. Those upgrades would enhance the site's appearance and would be an improvement to the general area. ICOMPLIANCE WITH LAND DEVELOPMENT REGULATIONSI Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the development application/request. The property was initially developed in 1948, with a second building being constructed in 1967. Tire Kingdom occupied the site between 1980 and January of 1993. Current codes include numerous standards which were not required when this property was developed and converted to various uses. Consequently, numerous site deficiencies exist. The property had previously been cited by the City's Landscape Inspector, in conjunction with the City's efforts to bring non-conforming properties into compliance with the landscape code by October 1993. The owner has agreed to install additional perimeter landscaping along Federal Highway. A plan depicting those landscape upgrades has not been provided to date. The conditional use process does not require that a site be brought fully into compliance with current codes, however, it is appropriate to require reasonable upgrades as conditions of approval. Attempts to improve this site will necessarily be limited by the existing configuration of the buildings. If approved, staff will work with the applicant to devise a site plan modification which provides as many of the required improvements as possible. P & Z Board Staff R, 3rt Rezoning and Conditional Use Request for Meineke Mufflers Page 8 The following is a list of existing deficiencies on the site, and an assessment of their potential for correction. 1. Parkinq and Interior Circulation Pursuant to Section 4.6.9(C)(5)(b), vehicle repair facilities and specialized service shops are required to provide 4.5 parking spaces per 1,000 sq.ft, of gross floor area. The site contains 5,745 sq.ft, of gross floor area, requiring 26 parking spaces. There appear to be 17 spaces on site, however, most of that parking is non-conforming as described below: * There are 3 parking areas located on the site. In front of the storage building are 5 spaces, in front of the main building there is a parking tier containing 6 spaces (two of which are obstructed by sign posts), and along the southern property line is a paved area with wheel stops but no striping. The spaces on the south side should be angled to provide for one way travel from the entrance on Federal out to the alley. While it is preferable not to have traffic circulate off site, it appears to be the only way to accommodate sufficient parking. * The existing parking tier in front of the main building separates the parking areas to the north and south. This parking configuration does not allow for movement between the two parking lots, and requires vehicles to exit onto Federal Highway to get to the other lot. This is considered to be an undesirable and potentially unsafe arrangement. At a minimum, a one-way drive should be provided between the lots. * The parking spaces are not striped per City standards and a handicap space is not provided. Most of the spaces are identified only with wheel stops, and should be re-lined and striped in accordance with applicable standards. State law does not require that a handicap space be provided as a result of this change in occupancy, however, it is appropriate to include one on the site with this proposal. * Pursuant to Section 4.6.9(D)(3)(b), the point of access to a street or alley shall be 24' for a two-way parking lot driveway aisle. The existing driveways exceed the allowable 24' width. These can be reduced by increasing the landscaped areas along Federal Highway. With respect to the adequacy of the number of spaces, it appears that 13 standard and one (1) handicap space can be accommodated on the site in accordance with City standards. This is little more than half of the required spaces. Meineke should provide a sound argument to the Board as to the adequacy of the parking for their purposes. P & Z Board Staff R~ ort Rezoning and Conditional Use Request for Meineke Mufflers Page 9 2. Interior Landscapinq * Pursuant to Section 4.6.16(H)(3)(k) whenever parking tiers abut, they shall be separated by a minimum 5' landscape strip. This would apply to the parking tier located in front of the main building, which has no landscaping between the spaces, nor have wheel stops been provided. A landscaped area should be accommodated in this location. * Pursuant to Section 4.6.16(H)(3)(j) terminal landscape islands are required at the end of each parking row, none exist on site. Installation of additional perimeter landscaping along Federal Highway as described below would provide these islands at the east end. Existing landscaping along the storage building can be increased to provide another. Landscaping should also be provided adjacent to the dumpster enclosure off of the alley, which would provide an island for the angled parking. 3. Perimeter Landscaping * Pursuant to Section 4.6.16(H)(3)(d), a 5' landscape strip shall be provided between the vehicular use area and the abutting property. South of the building, the parking area is paved to the property line. A low decorative wall provides for some separation of the properties. Provision of a 5' landscaped buffer in this area would reduce the ability to provide necessary parking spaces. * Pursuant to Section 4.3.4(H)(6)(b), special landscape setbacks are required along Federal Highway. Lot depths less than 200' are to provide a 10' landscape setback. A 5' landscape strip exists along Federal Highway, however that strip only occurs for a short distance in front of the main building. There appears to be sufficient room to accommodate a deeper landscape strip if the parking were rearranged and restriped. * Pursuant to Section 4.6.16(H)(3)(e), where commercial areas abut a residential use, trees are to be planted at 25' intervals. This would apply to the northern boundary of the property. The existing residential unit sits to the back of the property and is buffered by existing shrubs and a hedge. It does not appear that the addition of trees in this area would achieve much in the way of buffering. The impacts of this use on the residential property would be better mitigated by the enclosure of the outside use area, as described under point #7 below. P & Z Board Staff R, ort Rezoning and Conditional Use Request for Meineke Mufflers Page 10 4. Dumpster Location There is a dumpster located off of the alley, however, it is not screened or landscaped. This item must be addressed through the provision of a dumpster enclosure. The dumpster enclosure should be designed so there is available space to accommodate containers for motor oil recycling and the disposal of hazardous wastes. 5. Sign Structure The existing sign structure is conforming per code with respect to the required 10' setback and 18' overall height. However, it is larger than the types of signs which are typically approved by SPRAB for a property of this size. Also, the posts of the sign structure are located within required parking spaces, and the existing trees are at a height which is beginning to block the sign face. It would be appropriate that this sign structure be removed and a monument sign be located in the landscape strip along Federal Highway. 6. Open Space Pursuant to Section 4.4.3 (Matrix) 25% of non-vehicular open space shall be provided. It does not appear that the site meets this criteria. With the installation of additional perimeter landscaping along Federal Highway, and conversion of the center parking tier to a handicap space and landscaped area, this non-conformity will be reduced. 7. Outside Use Area Pursuant to Section 4.6.6(A), it is the intent of all commercial zone districts that all work be conducted within a fully enclosed building. The work area at the rear of the building is roofed but not enclosed. The applicant has indicated that this area will be enclosed. REVIEW BY OTHERS The subject property is not in a location that requires review by any other board or agency. Public Notice: Normal public notice has been provided to property owners within a 500 ft. radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Special courtesy notices were not provided. P & Z Board Staff R, ort Rezoning and Conditional Use Request for Meineke Mufflers Page 11 ASSESSMENT AND CONCLUSIONS The rezoning and conditional use request are consistent with the policies of the Comprehensive Plan, in that the AC zoning was created to further Objective A-2 of the Plan, and the proposed use is allowable within the AC district. The requests are not inconsistent with Chapter 3 of the Land Development Regulations. While the location is appropriate for specialty auto service, the site contains numerous code deficiencies, many of which can be addressed through a non-impacting site plan modification. If approved, conditions should be imposed which would require site upgrades to enhance the appearance and compatibility of the use. A visual representation of staff's recommendations is attached. It is recommended that the suggested landscaping improvements be imposed, even though the amount of on-site parking will be diminished. Failure to do so may well result in the site being 100% covered with pavement and "bull-penned" vehicles. A L T E RNAT I V E AC T I O N S .' 1. Continue with direction. 2. Recommend approval of both the rezoning request and the Conditional Use request based upon positive findings with respect to Section 3.1.1, Section 3.3.2 (Rezoning Findings), Section 2.4.5(E)(5) Conditional Use (Findings) of the Land Development Regulations and the policies of the Comprehensive Plan subject to conditions. 3. Recommend denial of the Rezoning request and the Conditional Use request based upon a failure to make positive findings with respect to Section 2.4.5 (E)(5) (Compatibility) and Chapter 3, Sections 3.1.1(C) (Consistency) of the proposed use with adjacent land uses. RECOMMENDED ACTION : By separate motions: Rezoninq: Recommend approval of the Rezoning request based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) (Findings) of Land Development Regulations. P & Z Board Staff R~_ort Rezoning and Conditional Use Request for Meineke Mufflers Page 12 Conditional Use: Recommend approval of the request for Conditional Use approval based upon positive findings with respect to Chapter 3 (Performance Standards), and Section 2.4.5(E)(5) of the Land Development Regulations and the policies of the Comprehensive Plan subject to the following conditions: 1. That a non-impacting site plan application be submitted which addresses the site deficiencies as noted in this report, and which, at a minimum, provides the following site improvements: a. A minimum 12' wide accessway between the north and south parking areas. b. One handicap parking space located as close to the main building as possible. c. An increased landscape setback along Federal Highway. The desired width of the setback is 10', however, sufficient paved area should be provided between the landscaping and the front of the building to include the handicap parking space and access drive. d. A landscape strip between parking spaces at the front of the main building, to include appropriate landscape materials. e. Installation of trees at 25' on center between the warehouse structure and the single family home to the north. f. Reduction of the driveway widths to 24', through the installation of additional perimeter landscaping along Federal Highway. g. A dumpster enclosure which is adequately screened and includes an area for recyclable and hazardous materials. h. Removal of the existing sign structure. i. Restriping of the parking spaces to accommodate angled parking along the south side. j. Restriping of all spaces to City standards, and provision of wheel stops. k. Enclosure of the work area to the rear of the main building. P & Z Board Staff R=.~ort Rezoning and Conditional Use Request for Meineke Mufflers Page 13 Report prepared by Janet Meeks~nd Diane Dominguez Reviewed by DJK on: ~//~/~ Attachments: * Zoning Map of Subject Property and Surrounding Area * Survey * Sketch of staff's recommendations DD/T:RETIRE.DOC RM 41'i-I S.E. 5'TH ST. , RM TAIdARIND 0 I AC MEINEKE MUFFLERS (CURRENT & SURROUNDIN(; ZONINI3) MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~fi~ SUBJECT: AGENDA ITEM ~ I~ - MEETING OF MARCH 10. 1993 ORDINANCE NO. 24-93 DATE: March 5, 1993 This is the first reading of an ordinance rezoning and placing land presently zoned GC (General Commerical) District in the AC (Automotive Commercial) District; said land being located on the west side of S.E. 6th Avenue between S.E. 6th and 7th Streets (former Tire Kingdom site). In 1980, Tire Kingdom established a tire sales and installation use under the former SC (Specialized Commercial) zone district. With the adoption of the Land Development Regulations, the SC zone category was eliminated and the AC zone created. AC zoning was applied to existing full service auto dealerships and other permitted auto related uses. The AC zoning was also applied to auto repair and specialty service shops which had obtained conditional use approval subsequent to 1985 under SC zoning. The subject property had not received conditional use approval and was rezoned to GC. Auto repair and specialized service shops are not permitted uses in the GC district; consequently, Tire Kingdom became a lawfully non-conforming use. In January 1993, Tire Kingdom relocated its operation to Linton Boulevard. Subsequently, the property owner entered into a lease agreement with Meineke Muffler; however, in order to establish the muffler sales and installation at this site, rezoning and conditional use approval was required. As the negotiated lease with Meineke has an occupancy date of March 31st, this item is being brought before the Commission prior to Planning and Zoning Board review. The Board will formally review this item at their March 15th meeting. The Board's recommendations as well as a full staff report will be forwarded to the Commission at second reading of the ordinance. Recommend approval of Ordinance No. 24-93 on first reading. CITY COMM I S S I ON DOCUMENTAT I ON TO: DAVID T. HARDEN, CITY MANAGER THRU: DAVID J. KOVACS, DIRECTO DEPARTMENT OF PLANNING AND ~ONING FROM: JANET MEEKS, PLANNER II¢~'~ SUBJECT: MEETING OF MARCH 10, 1993 ORDINANCE REZONING LOTS 4~5~6 BLOCK 11 OF OSCEOLA PARK PLAT FROM GC (GENERAL COMMERCIAL) TO AC (AUTOMOTIVE COMMERCIAL) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of the rezoning of Lots 4,5,6 of Block 11, Osceola Park Plat, from GC (General Commercial) to AC (Automotive Commercial). The project contains approximately 0.41 acres, and is located on the west side of Northbound Federal Highway between S.E. 6th and 7th Streets. BACKGROUND: In 1980, Tire Kingdom established a tire sales and installation business on the subject property as a permitted use under the former SC (Specialized Commercial) zoning district. In November of 1985, the SC district was amended to provide restrictions on auto related uses. Specialized service shops such as Tire Kingdom continued to be allowed in the SC zone, but only as conditional uses. The SC zoning classification was eliminated in October of 1990, with the adoption of the new Land Development Regulations and the concurrent citywide rezoning. The AC (Automotive Commercial) zoning district was created, and was applied to existing full service auto dealerships and other permitted auto related uses. The AC zoning was also applied to auto repair and specialty service shops which had obtained conditional use approval subsequent to 1985 under the SC zoning. The subject property, as well as many other SC-zoned auto related uses which had not received conditional use approval, were rezoned to GC (General Commercial). Auto repair and specialized service shops are not City Commission Documentation Ordinance Rezoning Lots 4,5,6, Block 11, Osceola Park Page 2 permitted uses in the GC district; consequently, Tire Kingdom became a lawfully non-conforming use. In January of this year, Tire Kingdom relocated its operation to Linton Boulevard, just west of the F.E.C. railroad. Meineke Muffler has entered into a lease with the owner of the Federal Highway property to occupy that site for its muffler sales and installation business. When Meineke applied for an occupational license, they were informed that they could not occupy the premises because the use is not permitted in the General Commercial zoning district. While Tire Kingdom could continue to operate at the site indefinitely as a lawfully non-conforming use, a change from one type of specialized auto service shop to another is not permitted. In order to establish muffler sales and installation at this site, rezoning and conditional use approval is required. The owner has applied to rezone the property to AC (Automotive Commercial), and has submitted a conditional use application to be considered concurrently. PLANNING AND ZONING BOARD CONSIDERATION: The property owner was unaware that a distinction would be made between the two different types of specialized service shops, and did not realize that a rezoning and conditional use approval was necessary. Prior to learning of these requirements, he had negotiated a lease with Meineke which has an occupancy date of March 31st. Staff has expedited this petition, and is bringing the first reading of the rezoning ordinance to the City Commission prior to its consideration by the Planning and Zoning Board. The Planning and Zoning Board will formally review both the rezoning and conditional use request at its meeting of March 15, 1993. The Board's recommendations, as well as a full staff report on those items, will be forwarded to the City Commission at the second reading of the ordinance. RECOMMENDED ACTION: By motion, approve on first reading an ordinance to rezone Lots 4,5,6, Block 11 of Osceola Park Plat from GC (General Commercial) to AC (Automotive Commercial). Attachment: * Location map ~ ~ LOT X- S.E. 5TH ST. 8TH ST. MELALEUCA LI.J TAMARIND MEINEKE MUFFLERS I (OLD TIRE KINGDOM SITE) RM 4'n.i S,F*. 5114 ST. , , 811.1 MI~UCA TAMARIND O AC MEINEKE MUFFLERS (CUERENT & SURROUNBING ZONING) BOCA RATON~DELRAY BOYNTON BEACHi~DEERFIELD BEACtl Published Daily Monday through Sunday Boca l~aton, Palm Beach County, Florida Delray Beach, Palm Beach County, Florida STATE OF FLORIDA appeared Nancy ~mith, Inside Sales Man- ager of The News, daily newspapers pub- lished in Boca Raton in Palm Beach County, men[ was publlsheO in said new spape,s ~n Affiant further says that The News is a newspaper published in Boca Raton, in said Palm Beach County, Florida, Monday through Sunday, and has been entered as first publication of the attached copy of advertisement; and affiant further says that person, firm or corporation any discount, rebate, commission or refund for the pur- pose of securing this advertisement for pub- lication in said newspapers. Sworn to and subscribed before me this (Seal, Notary Public, State of Florida at large) My Commissio My Exp. 5-3-94[ .~.~,_~_~. ................... 03/11/93 10:08 ~'407 943 3774 CITY/DELRAY BCH. ~. 1~001 ACT l V l TY REPORT ~'~ ISMISSION OK CO ,~ECTION TEL 4073384849 CONNECT i ON I D G3 START TIME 03/11 10:06 CITY OF DELRI:IY BEACH 100 N,W 1st AVENUE DELRAY BEACH, FLORIDA 33444 407 243-7000 CiTY CLERK'S OFFICE FAX COVER SHEET FROM: CITY OF DELRAY BEACH/CITY CLERK'S OFFICE NAME OF SENDER: DOCUMENT TITLE(S): /~,Le- 6~ ~c/~/./~ ~;9~[~Z~ /vD, DATE(S) OF PUBLICATION: 3 - /~ - ~ TOTAL N~BER OF PAGES: ~ (including cover sheet) DATE SENT: ~ -- // -- f~ PHONE N~BER: ~ ~ -- ~~ If you do not receive all the pages, please call as soon as possible and ask for individual (sender) noted above. The following information is to be filled out by the recipient. Received By: Date & Time: Confirm Publication Date(s): Name of Individual Receiving Document(s): Please return fax a copy of this cover sheet with the above information completed to Fax No. 243-3774. Thank you for your cooperation! THE EFFORT ALWAYS MATTERS NOTICE OF PUBLIC HEARING A PUBLIC HEARING will be held on the following proposed Ordinances at 7:00 P.M., (or at any continuation of such meeting which is set by the Commission), on Tuesday, March 23, 1993, in the City Commission Chambers, 100 N.W. 1st Avenue, Delray Beach, at which time the City Commission will consider their adoption. The proposed Ordinances may be inspected at the Office of the City Clerk at the City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, from 8:00 A.M. to 5:00 P.M., Monday through Friday, except holidays. All interested parties are invited to attend and be heard with respect to the proposed Ordinances. ORDINANCE NO. 24-93 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 LOCATED ON THE WEST SIDE OF S.E. 6TH AVENUE, BETWEEN S.E. 6TH STREET AND S.E. 7TH STREET, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Please be advised that if a person or persons decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. Pursuant to F.S. 286.0105. PUBLISH: Delray Beach News CITY OF DELRAY BEACH March 12, 1993 Alison MacGregor Harty City Clerk °4!