Loading...
46-93 FAILED ON FIRST READING - 7/13/93 ORDINANCE NO. 46-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (D), OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING "AUTOMOBILE BROKERAGE" AS AN ALLOWABLE CONDITIONAL USE WITHIN THE ZONE DISTRICT; 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 June 21, 1993, and has forwarded the change with a recommendation of approval; and, WHEREAS, pursuant to Florida Statute 163.3174(1) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with, and furthers the objectives and policies of, the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.9, "General Commercial (GC) District", Subsection 4.4.9(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by adding the following text: (17)' Automobile brokerage~ including vehicle display within an enclosed structure, but excluding any preparation~ service, or repair work. 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 That all ordinances or parts of ordinances w~ich are in conflict herewith are hereby repealed. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. FAILED ON FIRST READING - 7/13/93 FAILED ON FIRST READING - 7/13/93 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. 46-93 FAILED ON FIRST READING - 7/13/99 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER[_P_~__ SUBJECT: AGENDA ITEM # /~ - MEETING OF JULY 13, 1993 ORDINANCE NO. 46-93/AUTO BROKERAGE AS A CONDITIONAL USE IN THE GENERAL COMMERCIAL DISTRICT DATE: JULY 8, 1993 This is first reading of an ordinance which amends the Land Development Regulations in order to allow "Auto Brokerage" as a conditional use within the General Commercial (GC) zone district. It was initiated at the request of Realtor Kathi Sumrall who originally proposed consideration of auto brokerage as a principal use within the GC district. While acknowledging that the use is currently allowed in certain zone districts, Ms. Sumrall made the argument that sites in those districts are not well suited for an auto brokerage use and that the use would be appropriate within the GC zone. A description of the proposed use and an analysis of its appropriateness in the General Commercial district is provided in the accompanying staff report. The Community Redevelopment Agency reviewed this matter at its meeting of May 13, 1993, and voted unanimously (4-0) to recommend that the use "Auto Brokerage" be permitted in the GC zoning district. The Planning and Zoning Board formally reviewed this item at its meeting of June 21, 1993. The consensus was that it is more appropriate to allow it as a conditional use rather than as a principal use. The Board voted 5-2 (Beer and Naron dissenting) to recommend approval of the amendment to allow auto brokerage as a conditional use within the GC zone district. Recommend approval of Ordinance No. 46-93 on first reading. If passed, second reading and public hearing will be held on July 27, 1993. ref: agmemol0 ORDINANCE NO. 46-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (D), OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING "AUTOMOBILE BROKERAGE" AS AN ALLOWABLE CONDITIONAL USE WITHIN THE ZONE DISTRICT; 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 June 21, 1993, and has forwarded th~ change with a recommendation of approval; and, WHEREAS, pursuant to Florida Statute 163.3174(1) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with, and furthers the objectives and policies of, the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1o That Chapter 4, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.9, "General Commercial (GC) District", Subsection 4.4.9(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by adding the following text: (17) Automobile brokerage, including vehicle display within an enclosed structure, but excluding any preparation, service, or repair work. 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 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 - 2 - Ord. No. 46-93 CITY COMMISSION DOCUMENTATION TO: ~D TL HARDEN, CITY MANAGER THRU: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT' · .. a Conditional Use in the General Commercial (GC) Zone District ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of aDproval of an amendment to the City's Land Development Regulations, in order to allow "Auto Brokerage" as a Conditional Use in the GC Zoning District. The affected LDR Section is 4.4.9(D), General Commercial District, Conditional Uses and Structures Allowed. BACKGROUND: This amendment was initiated at the request of Realtor Kathi Sumrall. The use is currently allowed in the PC (Planned Commercial) and CBD (Central Business District) zones as a principal use, and could be accommodated in the AC (Automotive Commercial) and MIC (Mixed Industrial and Commercial) zones through similarity of use determinations. In her letter of April 20, 1993, Ms. Sumrall states that sites in those districts are not well suited for an auto brokerage use, and that the use would be appropriate within the GC zone. The attached Planning and Zoning Board staff report contains a description of the proposed use and an analysis of its appropriateness in the GC zoning district. City Commission Documentation LDRAmendment Auto Brokerage in the GC Zoning District Page 2 COMMUNITY REDEVELOPMENT AGENCY CONSIDERATION: At its meeting of May 13, 1993, the CRA voted unanimously (4-0) to recommend that the use "Auto Brokerage" be permitted in the GC zoning district. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of June 21, 1993. The original request was to allow auto brokerage as a principal use within the district, subject to restrictions regarding the display of vehicles and the conducting of service type operations. Some of the Board members expressed concern over potential violations of the restrictions. In general, the feeling was that as long as the use operates similarly to other storefront uses, it should be allowed in the GC district. The consensus was that it is more appropriate to allow it as a conditional use, rather than as a principal use. The Board voted 5-2 (Beer and Naron dissenting) to recommend approval of the amendment to allow auto brokerage as a conditional use within the GC zone. RECOMMENDED ACTION: By motion, approve the amendment adding the following text to LDR Section 4.4.9 (D), General Commercial, Conditional Uses and Structures Allowed (17) Automobile brokerage, including vehicle display within an enclosed structure, but excluding any preparation, service, or repair work. Attachment: * P&Z Staff Report & Documentation of June 21, 1993 * Ordinance (by others) DD\T:AUTOBRO.DOC PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT FOR L. D.R. AMENDMENTS MEETING DATE: JUNE 21, 1993 AGENDA ITEM~ III.B. SUBJECT~ LDR Modification to add "Auto Brokerage as an Allowable Use in the General Commercial (GC) Zone District LDR REFERENCEs LDR Section 4.4.9 (B), General Commercial (GC) District, Principal Uses and Structures Permitted. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on a proposed modification to the City's Land Development Regulations (LDRs). Pursuant to LDR Section 1.1.6, no amendment may be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND Allowing the use "auto brokerage" in the General Commercial District had previously been considered by the Planning and Zoning Board in May of 1991, at the request of Realtor Kathi Sumrall. At that time, the request was'for a determination that the use was similar to other uses already permitted in the GC District. The P & Z Board felt that the use was already adequately accommodated in other zoning districts (PC, CBD, AC, MIC), and voted 5-1 to deny the request. In her letter of April 20, 1993, Ms. Sumrall asked that this request be reconsidered. She states as the basis for her request that while it appears that the use is allowable in many locations, in actuality there are few sites that are suitable for this type of operation within the permitted zoning districts. The PC district requires a 6,000 sq. ft. minimum building, the AC district is geared more to large scale operations or auto repair facilities, and 'suitable available properties within the CBD zone are limited. At its meeting of May 17, 1993, the Board reconsidered Ms Sumrall's request, again as a determination of a similarity of use. The Board felt that the similarity of use approach was not appropriate, and voted to have the item considered as a formal amendment to the LDRs. Consideration of a formal text amendment is the action now before the Board. P & Z Staff Report LDR Amendment to Allow Auto Brokerage in GC District Page 2 ANALYSES Automobile brokerage is listed as a principal use in the CBD (Central Business District) and in the PC (Planned Commercial District) as follows: "Automobile brokerage, including vehicle display within an enclosed structure, but excluding any preparation, service, or repair work." In addition, the use could be accommodated within the MIC zoning as a warehouse/office operation, and in the AC district through the determination of similarity of use process. The proposed text amendment would add Automobile Brokerage as a principal use in the GC (General Commercial) zoning district, subject to the restrictions as stipulated above. Basis for Recommendation on Text Amendment In its consideration of this item as a Similarity of Use Determination, the Board denied the request based on the conclusion that it is already permitted in a sufficient number of zoning districts. Whether or not a use is accommodated in a sufficient number of districts should not be the basis for evaluating its appropriateness for inclusion in a particular zone. Rather, the Board should examine the nature of the use, its similarity to uses already permitted in the district, and to some degree, its appropriateness in areas of the City which have the applicable zoning. , Nature of Use The LDRs provide the following definition of Automobile Brokerage: "The conduct of business resulting in the sale of an automobile other than when a part of new and/or used car sales." In operation, automobile brokers purchase vehicles at auctions or buy from auto dealers via computer lists. They operate on a retail or wholesale basis, purchasing cars for buyers or for resale to dealers. Typically, they search on behalf of a buyer for a specific vehicle, and therefore do not need to maintain an inventory on site. They may, however, have to temporarily store vehicles on the premises pending completion of a sale. Under the restrictions as stipulated in the LDRs, the vehicles must be stored in an enclosed structure, and may not be prepped or repaired on site. P & Z Staff Report LDR Amendment to Allow Auto Brokerage in GC District Page 3 Similarity of Use to Other Uses Permitted in the District The General Commercial zoning district is intended primarily as a retail/office/service district, and is applied to relatively small, already developed parcels. Storage of inventory is allowed within structures as an accessory use. Certain automotive related uses are allowed in GC as conditional uses, including car wash establishments, vehicle care limited to oil change and lubrication facilities, and gasoline stations. If restricted to office and interior display only, the use of automobile brokerage could be considered to be similar to other uses allowed as principal or conditional uses in the GC district. In some respects it is a less intense use than many other GC uses, in that it would generate less of an impact on roads and services than a retail, office, or service operation. One type of automobile brokerage that differs from other allowable uses in the GC district is that of a wholesale dealer. These brokers essentially buy from auto auctions or dealers and sell to other dealers. As with retail brokers, they generally require office space and room to store a few vehicles. Wholesale sales is not a permitted use in the GC zoning district. However, the definition of Auto Broker in the LDRs does not distinguish between wholesale and retail sales. Wholesale operations are also not permitted in the PC or CBD districts, whereas auto brokers are. APPr0p~iateness of Use in Areas Zoned GC In terms of the actual application of GC zoning and the appropriateness of auto brokerage in those areas, GC is the predominant zoning classification along Federal Highway between S.E. 10th and S.E. 4th Streets, and between N.E. 3rd Street and the City's northern boundary. Except for one block of RM zoning, the only other zoning classification in the above described areas is AC. As previously stated, the GC district allows certain auto related uses as conditional uses, some of which are located along this corridor (service stations). There are also numerous non-conforming auto related uses within these areas. Auto brokerage would be consistent with these uses. In terms of its appropriateness in this area, in the past the Board has been reluctant to support the addition or continuation of auto-related uses along these sections of Federal Highway. While auto brokerage could be viewed as more of an office/storage use, the Board should'.consider its appropriatness in light of those past actions. P & Z Staff Report LDR Amendment to Allow Auto Brokerage in GC District Page 4 A L T E RNAT I V E AC T I ON 8 1. Continue with direction. 2. Recommend to the City Commission adoption of a text amendment allowing Automobile Brokerage as a permitted use in the GC (General Commercial) zoning district, subject to conditions as stated regarding display and preparation of vehicles; and based upon a finding that the use is similar to other uses allowed in the district and is appropriate in areas of the City which are zoned GC. 3. Recommend to the City Commission denial of a text amendment allowing Automobile Brokerage as a permitted use in the GC (General Commercial) zoning district, in that it is not similar to other uses allowed in the district, and that it is not an appropriate use for the district based upon past policy regarding automotive uses in the GC zone along Federal Highway. RECOMMENDED ACTION Board3s discretion. Attachments: * Letter of request from Kathi Sumrall Report prepared by: Diane Dominguez ~ Reviewed by DJK on: .~,:,~'~b._ ~~ 98 N.E. 5Ul Avenue Deiray Beach. Flo~da 33483 April 20, 1993 (407) 278-0426-Fax(407)278-0496 Mr. David Kovacs, Planning Director City of Delray Beach 100 N. W. 1st Avenue Delray Beach, Florida 33444 Re: Automobile Brokerage Dear David: I would like to request that the Planning and Zoning Board consider adding Automobile Brokerage to the list of permitted uses in the General Commercial Zoning District. This use is currently permitted in the PC, AC and CBD Districts. While on the surface this may appear to be "enough", I would like to offer several arguments on why I believe another district should be opened up. The AC District pretty much caters to either larger full-scale automobile dealerships or some type of automotive repair, neither of which are of the scale or ]o~ intensity of an Auto Broker. The PC District purpose requires large sites with a minimum of 6,000 sq. ft. of free standing building. This would be cost prohibitive for this type of small brokerage business. While the CBD District is desirable, in two years I have not been able to find a suitable property. Being a Realtor in Delray Beach for 20 years, ! can tell you realistically it is an impossible task to find such a specialized property in such a small area (CBD). As a CRA Conunissioner, it is frustrating to have a small business person want to buy and improve property in Delray Beach and become a part of the tax base, but to no avail. If this were not a desirable use, ! am certain it would not be included in the CBD, which is a much stricter zoning district than GC. Wouid you please ask the Board to consider adding this use to the GC District and advise me accordingly? Thank you for your time and patience, David. y your s,