51-93 ORDINANCES
NO. .Q'-/- ~
FIRST READING:
COMMISSION ACTION
SECOND
READING:
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ORDINANCE NO. 51-93
ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
;ULATIONS", SECTION 4.4.13, "CENTRAL BUSINESS (CBD)
RICT", SUBSECTION (D), OF THE LAND DEVELOPMENT
REI OF THE CODE OF ORDINANCES OF THE CITY OF
BEACH, FLORIDA, BY ADDING "WASH ESTABLISHMENTS
OR ,ITIES FOR VEHICLES" AS A CONDITIONAL USE
WITHIN ZONE DISTRICT, SUBJECT TO A LOCATIONAL
RE [; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER , AND AN EFFECTIVE DATE.
WHEREAS, .nt to LDR Section 1.1.6, the Planning and
Zoning Board reviewed ect matter at its meeting of August 16,
1993, and has forwarded change with a recommendation that it not
be adopted; and,
WHEREAS, the City 'scion of the City of Delray Beach,
Florida, finds that the is not inconsistent with the
Comprehensive Plan.
NOW, THEREFORE, BE IT lED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS :
Section 1. That Chapter 4, "~ning Regulations", Article
4.4, "Sase~ ~strict", Section 4.4.1~, "Central Business (CBD)
District", Subsection 4.4.13(D), "Conditioh~! 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:
(16) Wash establishments or facilitiesl _ i fo~ vehicles,
except that such use shall not be located east
of the Intracoastal Waterway or on lo~ which
front along Atlantic Avenue.
Section 2. That should any section or provision of this
ordinance ~tion thereof, any paragraph, sentence ~ word be
declared by a court of competent jurisdiction to be inva~d, such
decision shall not affect the validity of the remainder.hereOf as a
whole or part thereof other than the part declared to be invali~
Section 3. That all ordinances or parts of ordinances ~hich
are in conflict herewith are hereby repealed.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. 51-93
SUBSTITUTE
ORDINANCE NO. 51-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.4.13, "CENTRAL BUSINESS (CBD)
DISTRICT", SUBSECTION (D), OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY ADDING "WASH ESTABLISHMENT
FOR VEHICLES" AS A CONDITIONAL USE WITHIN THE ZONE
DISTRICT, SUBJECT TO CERTAIN RESTRICTIONS; 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 August 16,
1993, and forwarded the change with a recommendation that it not be
adopted; 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 4.4.13, "Central Business (CBD)
District", Subsection 4.4.13(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:
(16) Wash establishment, with automatic/mechanical
systems only, for vehicles, except that such use
shall not be located east of the Intracoastal
Waterway or on lots which front along Atlantic
Avenue. Further, this use must be established
on property with a minimum lot area of 20,000
sq.ft.
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
i~ediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 26th day of October , 1993.
ATTEST:
Acting City Clerk
First Reading September 28, 1993
Second Reading October 26¥ 1993
- 2 - Ord. No. 51-93
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY
SUBJECT: A ENDA ITEM
SUBSTITUTE ORDINANCE NO. 51-93
DATE: October 22, 1993
This item is before you to approve substitute Ordinance No. 51-93
which amends the Land Development Regulations by amending Section
4.4.13, "Central Business (CBD) District", by adding "wash
establishment for vehicles" as a conditional use within the zone
district, subject to certain conditions.
At the October 12th regular meeting the public hearing was opened on
closed on Ordinance No. 51-93. Final action was continued to this
meeting.
Recommend approval of Ordinance No. 51-93.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~1
SUBSTITUTE ORDINANCE NO. 51-9~
DATE: October 7, 1993
This is the second reading of a substitute ordinance amending the
Land Development Regulations by amending Section 4.4.13, "Central
Business (CBD) District", by adding "wash establishment for vehicles"
as a conditional use within the zone district, subject to certain
conditions.
This item was before the Commission at the September 14th regular
meeting at which time direction was given to redraft the proposed
ordinance to include more limiting criteria. Those items have been
included along with another suggestion to limit the facilities to
those which are automatic/mechanical in nature. Custom facilities
(hand detailing) and the manual "wand" facilities would not be
allowed.
The Planning and Zoning Board has not reviewed the revised language.
However, their initial recommendation with respect to this issue was
to not accommodate the use in the CBD Zone District. A detailed staff
report is attached as backup material for this item.
At the September 28th regular meeting, Substitute Ordinance No. 51-93
passed on first reading by a 3-1 (Dr. Alperin dissenting).
Recommend approval of Substitute Ordinance No. 51-93 on second and
final reading.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # /~ - MEETING OF SEPTEMBER 25. 1993
ORDINANCE NO. 51-93
DATE: September 24, 1993
This is the first reading of an ordinance amending the Land
Development Regulations by amending Section 4.4.13, "Central Business
(CBD) District", by adding "wash establishment for vehicles" as a
conditional use within the zone district, subject to certain
conditions.
This item was before the Commission at the September 14th regular
meeting at which time direction was given to redraft the proposed
ordinance to include more limiting criteria. Those items have been
included along with another suggestion to limit the facilities to
those which are automatic/mechanical in nature. Custom facilities
(hand detailing) and the manual "wand" facilities would not be
allowed.
The Planning and Zoning Board has not reviewed the revised language.
However, their initial recommendation with respect to this issue was
to not accommodate the use in the CBD Zone District. A detailed staff
report is attached as backup material for this item.
Recommend approval of Ordinance No. 51-93 on first reading. If passed
public hearing October 12th.
ORDINANCE NO. 51-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.4.13, "CENTRAL BUSINESS (CBD)
DISTRICT", SUBSECTION (D), OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY ADDING "WASH ESTABLISHMENT
FOR VEHICLES" AS A CONDITIONAL USE WITHIN THE ZONE
DISTRICT, SUBJECT TO CERTAIN RESTRICTIONS; 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 August 16,
1993, and forwarded the change with a recommendation that it not be
adopted; 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 4.4.13, "Central Business (CBD)
District", Subsection 4.4.13(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:
(16) Wash establishment, with automatic/mechanical
systems only, for vehicles~ except that such use
shall not be located east of the Intracoastal
Waterway or on lots which front along Atlantic
Avenue. Further~ this use must be established
on property with a minimum lot area of 20,000
sq.ft.
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. 51-93
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 28, 1993
FIRST READING: LDR AMENDMENT RE CAR WASH FACILITIES
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
aDDroval, on first reading, of an ordinance which amends
the LDRs by adding "car wash facilities and establishments"
as a conditional use in the CBD Zone District.
B A C K G R 0 U N D:
This item was before the City Commission on September 14th for
first reading. At that time, direction was given to redraft the
proposed ordinance and include more limiting criteria e.g.
- minimum lot size, perhaps 20,000 sq.ft.;
- the use to be accommodated as the only use on the
designated property.
Subsequent to the Commission meeting another suggestion was made
that such facilities be limited to those which are automatic/
mechanical. Thus, custom facilities (hand washing) and the
manual "wand" facilities would not be allowable.
Please review the documentation of September 14th for the basis
upon which a modification to the LDRs is justified.
ANALYSIS OF LIMITATIONS
The initially proposed text is as follows:
Wash establishment or facilities for vehicles, except that
such use shall not be located east of the Intracoastal
Waterway or on lots which front along Atlantic Avenue.
The locational limitation is the same as currently exists for
gasoline stations in the CBD Zone District.
City Commission Documentation
First Reading: LDR Amendment Re Car Was Facilities
Page 2
Proposal re minimum lot size: There does exists, in all zoning
districts a minimum requirement for gasoline stations of a
15,000 sq.ft, lot. Thus, apply a minimum lot size for a car
wash facility in the CBD (or Citywide) is possible. Of the two
existing car wash facilities in the CBD, one is @ 14,045 sq.ft.
and the other is in excess of 40,000 sq.ft.
Proposal as the "only" use of property: The effect of this
proposal is two-fold. First, it would mean that a vehicle wash
establishment could not conduct ancillary uses e.g. oil change,
tire repair, sale of auto parts, convenience store outlet. The
other is that a vehicle wash establishment could not be part of
a site (property) with other uses. Thus, a hand wash
(detailing) operation could not be accommodated in a "bay" of
the structure; nor, could a wash establishment be a part of a
larger center e.g. with a muffler shop, brake shop, repair
center, etc.
With respect to "hand washes" (detailing), this use is presently
conducted within the CBD. The continuation of the use is a
subject which is being addressed by a special ad-hoc
committee of the P&Z Board, CRA, and DDA. Its prohibition,
through this proposed limitation, would not affect the work of
the special ad-hoc committee.
However, there is a conflict between this "only" provision and
the definition of "service station" wherein a car wash is
considered adjunct. Thus, service stations would be able to
petition for the addition of a car wash regardless of the
disposition of the item ~urrently before the Commission.
Proposal as to "automatic/mechanical" fac~l~ties only: This
limitation would not allow "hand washing" (detailing) nor the
manual (wand) systems. Thus, The Grove Car Wash would remain as
non-conforming. The Express Car Wash would become conforming
and would be allowed to petition for expansion.
ASSESSMENT & CONCLUSIONS
Given the above analysis, the Director suggests the following:
1. that a minimum lot size is an appropriate limitation;
2. that a limitation as an "only" use creates one apparent
conflict (with service stations) and may create others - it
is not suggested as a limitation;
3. that restriction to automatic/mechanical system is an
appropriate limitation;
4. that the currently suggested geographic limitation is
appropriate;
5. this subject may be explored further by the special ad-hoc
committee (P&Z, CRA, DDA).
City Commission Documentation
First Reading: LDR Amendment Re Car Was Facilities
Page 3
Thus, the suggested language is now as follows:
Wash establishment, with automatic/mechanical systems only,
for vehicles, except that such use shall not be located
east of the Intracoastal Waterway or on lots which front
along Atlantic Avenue. Further, this use must be
established on property with a minimum lot area of 20,000
sq.ft.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board has not reviewed this subject,
other than when the initial language was before them. At that
time the Board recommended that the use not be accommodated in
the CBD Zone District. Since that recommendation was in the
negative, the more restrictive language has not been taken
before them (i.e. assumed they would continue with a
recommendation of not to include).
RECOMMENDED ACTION:
By motion, approval of an ordinance, which enacts the language
as recommended herein, on first reading.
Attachment:
* Ordinance by others.
DJK/CCWASH2.DOC
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM ~ /OF - MEETING OF SEPTEMBER 14. 1993
QRDINANCE NO. 51-93
DATE: September 10, 1993
This is the second reading of an ordinance amending the Land
Development Regulations to add "wash establishments or facilities for
vehicles" as a conditional use within the CBD (Central Business
District) zone district.
This amendment came about at the request of the owner of the Express
Car Wash. The owner wants to expand the car wash facility onto
property immediately to the south. The car wash is currently
operating as a non-conforming use in the CBD zone district; and as
such, may not be expanded.
The proposed amendment would permit the expansion of this facility
while prohibiting such uses east of the Intracoastal Waterway or on
lots which front along Atlantic Avenue.
At their August 16th meeting the Planning and Zoning Board recommended
denial of the request (5-1 vote). While the Board was sympathetic to
the applicant's situation, the members did not feel that it was
appropriate to accommodate the request. In its final action, the
Board cited inconsistency with direction in the Comprehensive Plan
(auto uses in the CBD) and the granting of a special privilege as the
basis for its recommendation. A detailed staff report is attached as
backup material for this item.
At first reading, the Commission requested staff to further evaluate
whether the applicant's proposal was "grandfathered in", or might be
accommodated under the existing zoning if the additional property was
to be used only for parking and queuing.
Our Planning staff has subsequently discovered that in addition to
rerouting traffic, the operator of Express Car Wash also desires to
relocate and increase the detailing area and on-site parking and to
up-grade the vacuum prep area. Given these findings and our
procedures and policies dealing with the expansion of non-conforming
uses, staff feels the most appropriate course of action to accomodate
the applicant's request would be to change the allowable uses in the
CBD zone district.
At the August 24th regular meeting Ordinance No. 51-93 passed on first
reading with a 5-0 vote.
Recommend consideration of Ordinance No. 51-93 on second and final
reading.
CITY COMMISSION DOCUMENTATION
TO: //~D~VID T. HARDEN, CITY MANAGER
DSPART~S~ OF P~ING ~D ZONING
SUBJECT: MEETING OF SEPTEMBER 14, 1993
LDR AMENDMENT RE CAR WASHES IN THE CBD
SUPPLEMENTAL INFORMATION
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on second reading of this Ordinance, which will
amend the LDRs to accommodate Car Wash Establishments as a
conditional use in the CBD zone district.
BACKGROUND:
During the first reading consideration there was considerable
discussion regarding this item. This item proceeded to second
reading and public hearing with direction to the Director of
Planning and City Attorney to explore other options for
accommodating the applicant's desires without modification to
the LDRs.
Further review revealed that in addition to a rerouting of
traffic, the operator of Express Car Wash desires to relocate
and increase the detailing area, relocate and expand on-site
parking, and to up-grade the vacuum prep area. Given this
further description of desired modifications and our procedures
and policies dealing with the expansion of non-conforming uses,
the most appropriate course of action remains a change to the
allowable uses in the CBD zone district.
ALTERNATIVE ACTIONS
The alternative courses of action before the Commission are
simply the two of approval or denial. Approval should be
pursued if the Commission desires to accommodate the proposed
upgrading at Express Car Wash. Justifications of such an action
include:
* the inclusion of the site into the CBD Planning and
zoning district designations appear inappropriate in
that it is in the far northeast extent of the
designations;
City Commission Documentation
LDR Amendment Re Car Washes in the CBD
Page 2
* the benefits of the potential site up-grade outweigh
any perceived adverse implications, especially when
noting.that there is little likelihood of a mechanical
auto wash facility being situated elsewhere within the
CBD;
* accommodation only as a conditional use, provides a
further degree of assurance that any future request
would be evaluated on a specific impact basis;
* inclusion of the use is the most appropriate method
for achieving a desired situation (existing successful
business upgrading and an enhancement to the Federal
Highway streetscape).
Justification for denial of the proposed change simply follows
the recommendation of the Planning and Zoning Board that the
accommodation of a car wash facility anywhere within the CBD is
an inappropriate land use and, the current non-conforming
situation at Express Car Wash should continue.
RECOMMEND ED ACTION:
Commission' s discretion.
Attachment:
* Enacting Ordinance, by others
DJK/CCWASH
CITY COMMISSION DOCUMENTATION
TO: ~~D T. HARDEN, CITY MANAGER
· THRU: 'DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
' ' ~' ~ 'PRINCIPAL
SUBJECT: MEETING OF AUGUST 24, 1993 ' ~JJ
LDR AMENDMENT ADDING CAR WASH' FACILITIES AS A
CONDITIONAL USE IN THE CENTRAL BUSINESS (CBD) ZONING
DISTRICT
ACTION REQUESTED OF THE COMMISSION=
The action requested of the City Commission is that of
consideration of a text amendment that would allow "wash
establishments or facilities for vehicles" as a conditional
use in the CBD zoning district.
The affected LDR section is 4.4.13(D), Central Business
(CBD) District, Conditional Uses and Structures Allowed.
BACKGROUND:
This amendment came about at the request of the owner of the
Express Car 'Wash, located at 375 N.E. 6th Avenue (northbound
Federal Highway). The owner wants to expand his car wash
facility onto the property located immediately to the south,
which was most recently occupied by a car rental agency. Both
properties are within the CBD zoning district, which does not
allow car washes. As a non-conforming use, the car wash may not
expand. Thus, the owner has asked that the use be added to the
list of conditional uses in the CBD, which would provide a
mechanism for him to apply for permission to expand his
business.
The proposed amendment would add the following language as a
conditional use in the CBD zone:
"Wash establishments or facilities for vehicles, except
that such use shall not be located east of the
Intracoastal Waterway or on lots which front along
Atlantic Avenue."
City Commission Documentation
LDR Amendment re= "Car Wash Facilities" in the CBD zone
Page 2
The attached staff report provides a more extensive history of
this particular property, and an analysis of the proposed
amendment.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of August 16, 1993. While the Board was sympathetic to
the applicant's situation, the members did not feel that it was
appropriate to accommodate the request. The Board voted 5-1
(Naron dissenting, Felner absent) to recommend against adoption
of the text amendment adding car wash facilities as a
conditional use in the CBD zone.
During deliberations, the Board considered addressing this
situation as part of the ongoing discussions of non-conforming
uses. However, there was a realization that it is unlikely that
the rules regarding non-conforming uses would be relaxed to
accommodate this type of request. The Board then focussed upon
the appropriateness of car wash facilities within the CBD Zone
District. In its final action, the Board cited inconsistency
with direction in the Comprehensive Plan (auto uses in the CBD)
and the granting of a special privilege as the basis for its
recommendation.
RECOMMENDED ACTION:
By motion, based upon the recommendation of the Planning and
Zoning Board, deny the proposed amendment to LDR SeCtion
4.4.13(D).
DD\Y:CARWASHiDOC
Attachment:
* P&Z Staff Report & Documentation of August 16, 1993
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
FOR
L.D.R. AMENDMENTS
iEETING DATE~ AUGUST 16, 1993
AGENDA ITEMs III.C.
UBJECT:. LDR AMENDMENT TO PERMIT CAR WASHES AS
CONDITIONAL USE IN THE CBD (CENTRAL BUSINESS
DISTRICT).
LDR REFERENCEs SECTION 4.4.13(D)
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.
Pursuant to F.S. 163.3194(2), the Planning and Zoning Board is
to review the proposed amendment with respect to its
relationship to the adopted Comprehensive Plan of the City.
BACKGROUND
This amendment was requested by the owner of Express Car Wash at 375
NE 6th Avenue, which is zoned CBD (Central Business District). The
Express Car Wash site was originally developed in 1959, under the
provisions of the C-2 zoning category. The property was rezoned
to SC (Specialized Commercial) in 1972 and to CBD in 1990 with the
citywide rezoning.
Car washes were considered permitted uses in the SC district until
1980, when the code was changed to allow them as a conditional use.
Car washes are not allowed as a permitted or conditional use in the
CBD zone, therefore, when the site was rezoned-to CBD in 1990, the
use became non-conforming.
Building plans for the car wash indicate that it originally
consisted of Lots 20 through 25, Block 113 of the Highland Park
Subdivision. From 1988 through 1991, Lots 20, 21, and approximately
half of Lot 22 were occupied by a car rental agency. Express Car
Wash wishes to expand their business to again include those lots to
the south. Pursuant to Section 1.3.3(A), non-conforming uses are
not permitted to extend to occupy a greater area of land than that
wh£ch was occupied at the time of the adoption of the LDRs (1990).
In 1990 the car wash did not occupy the southern lots, therefore,
the business cannot legally expand. The applicant has requested the
text amendment to make "wash establishments or facilities for
vehicles" a conforming use, thus allowing the expansion.
III.C.
P&Z LDR Text Amendment Staff Report
Meeting of August 16, 1993
Page 2
It should be noted that the southern lots are currently in use
by Express as a finishing area, to dry and wax cars after
washing. However, approval has not been given for that use.
The applicant has submitted a sketch plan which shows the
improvements proposed to re-incorporate the south lot into the
Express Car Wash site for its current use, and as stacking area for
the mechanical car wash. Landscape improvements similar to those
already in place for the main structure would be added. These
improvements would meet the requirements of the October 1, 1993
landscape code compliance. A copy of a sketch plan of the expanded
site as proposed is attached. If the text amendment is approved,
the applicant will be required to apply for conditional use and site
plan approval to implement the expansion. While the above
information pertaining to the Express Car Wash is of interest,
the decision to amend the code is to be based on a general
application and not solely to the benefit of the petitioner.
P RO P O S E D AM'E NDM E NT
The proposal, at this time, is to change LDR Section 4.4.13(D) by
adding:
(16) Wash establishments or facilities for vehicles, except
that such use shall not be located east of the
Intracoastal Waterway or on lots which front along
Atlantic Avenue.
The locational restriction is the same as that which exists for
gasoline stations in the CBD.
ANALYSES
Car wash facilities are allowed in the City as conditional uses in
the GC (General Commercial), PC (Planned Commercial) and AC
(Automotive Commercial) zoning districts, however, there are no
traditional full-service car wash facilities such as Express located
in those districts. There is a self-service car wash operation that
is also located in the CBD district, at the northwest corner of N.E.
2nd Avenue and N.E. 2nd Street. This operation was approved in
1987, under General Commercial zoning. It is now non-conforming.
There are numerous hand wash and detail operations in various areas
of the City, as well as single car operations associated with
service stations.
Adding car wash facilities as a conditional use in the CBD would
allow the existing car washes to continue and to expand as
conforming uses, while still allowing the City a mechanism to
control possible adverse affects on the Downtown area via locational
restrictions and the conditional use process.
A review of the Comprehensive Plan Future Land Use Element notes the
following policy which has a direct bearing on the requested
amendment:
Policy A-2.4 states in part that "Auto related uses shall not
be permitted in the CBD Zone District or within the geographic
area along Federal Highway which extends four blocks north and
three blocks south of Atlantic Avenue."
While on the surface, there may appear to be a conflict between the
LDRs and the above stated policy, in that the LDRs do permit certain
auto related uses in the CBD zoning district. While the sale,
repair, and washing of automobiles are not. permitted, automobile
brokerages and auto parts sales are allowed as permitted uses. In
addition, gasoline stations are allowed as conditional uses, subject
to geographical restrictions. Those restrictions prohibit gasoline
stations from locating east of the Intracoastal Waterway or on lots
which front on Atlantic Avenue, however they are not restricted from
locating on Federal Highway, contrary to the above Comprehensive
Plan policy. As car washes are similar in intensity to service
stations, it is appropriate to treat the uses in a similar manner,
including the same locational restrictions.
It is also appropriate to ensure consistency between the
comprehensive plan and the LDRs. The surficial conflict may be
accommodated simply by acknowledging that Policy A-2.4 is not
intended to be applied to every auto related use e.g. gas stations
and that it was not directed to car wash facilities.
REVIEW BY OTHERS ~
The proposed text amendment was reviewed by the CRA Board at its
meeting of July 22, 1993. The Board was in favor of the proposal
and recommended approval by a 7-0 vote.
The DDA Board was scheduled to consider the proposal at its meeting
of July 21, 1993. A quorum was not present at the meeting~ so no
formal action could not be taken. However, the Board members
present had no objections to the change.
ALTERNATIVE ACTIONS :
1. Recommend den£al in that the modification is not consistent
with the Comprehensive Plan, specifically with regard to Future
Land Use Element Policy A-2.4,and in that it is directed to a
specific situation, thus accommodating a special privilege.
2. Recommend approval based upon a finding that the proposed
modification is not inconsistent with the Comprehensive
Plan, in that Policy A-2.4 should not be construed to mean all
auto related usesI and in that another car wash facility
affected by the 1990 Citywide rezoning will be returned to a
conforming status.
3. Continue with direction.
P&Z LDR Text Amendment Staff Report
Meeting of August 16, 1993
Page 4
RECOMMENDED ACTION
Board's discretion.
Report prepared by: Jeff Perkins~ Assistant Planner
Report reviewed by: Diane Dominquez~ Principal Planner
Attachments:
* Letter of request
* Location Map
* Sketch Plan
T:CBDWASH.DOC
~c~io~ to t~e e' t~nt o; o~ c%'.~-ent 'an~ca~in,~. ~:e
JUL
PLANNING & ZONING
ST.
-L AN TI C
DELRAY CAR WASH
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~l
SUBJECT: AGENDA ITEM ~ /~ ~ - MEETING OF AUGUST 24, 1993
ORDINANCE NO, 51-93
DATE: August 20, 1993
This is the first reading of an ordinance amending the Land
Development Regulations to add "wash establishments or facilities for
vehicles" as a conditional use within the CBD (Central Business
District) zone district.
This amendment came about at the request of the owner of the Express
Car Wash. The owner wants to expand the car wash facility onto
property immediately to the south. The car wash is currently
operating as a non-conforming use in the CBD zone district; and as
such, may not be expanded.
The proposed amendment would permit the expansion of this facility
while prohibiting such uses east of the Intracoastal Waterway or on
lots which front along Atlantic Avenue.
At their August 16th meeting the Planning and Zoning Board recommended
denial of the request (5-1 vote). While the Board was sympathetic to
the applicant's situation, the members did not feel that it was
appropriate to accommodate the request. In its final action, the
Board cited inconsistency with direction in the Comprehensive Plan
(auto uses in the CBD) and the granting of a special privilege as the
basis for its recommendation. A detailed staff report is attached as
backup material for this item.
Recommend denial of Ordinance No. 51-93 on first reading.
CITY COMMISSION DOCUMENTATION
TO: /DAV%D T. HARDEN, CITY MANAGER
THRU: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
DIANE DOMINGUEZ~
FROM: PRINCIPAL PLANN~.
SUBJECT: MEETING OF AUGUST 24, 1993
LDR AMENDMENT ADDING CAR WA~ FACILITIES AS A
CONDITIONAL USE IN THE CENTRAL BUSINESS (CBD) ZONING
DISTRICT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
consideration of a text amendment that would allow "wash
establishments or facilities for vehicles" as a conditional
use in the CBD zoning district.
The affected LDR section is 4.4.13(D), Central Business
(CBD) District, Conditional Uses and Structures Allowed.
BACKGROUND:
This amendment came about at the request of the owner of the
Express Car 'Wash, located at 375 N.E. 6th Avenue (northbound
Federal Highway). The owner wants to expand his car wash
facility onto the property located immediately to the south,
which was most recently occupied by a car rental agency. Both
properties are within the CBD zoning district, which does not
allow car washes. As a non-conforming use, the car wash may not
expand. Thus, the owner has asked that the use be added to the
list of conditional uses in the CBD, which would provide a
mechanism for him to apply for permission to expand his
business.
The proposed amendment would add the following language as a
conditional use in the CBD zone:
"Wash establishments or facilities for vehicles, except
that such use shall not be located east of the
Intracoastal Waterway or on lots which front along
Atlantic Avenue."
City Commission Documentation
LDR Amendment re: "Car Wash Facilities" in the CBD zone
Page 2
The attached staff report provides a more extensive history of
this particular property, and an analysis of the proposed
amendment.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of August 16, 1993. While the Board was sympathetic to
the applicant's situation, the members did not feel that it was
appropriate to accommodate the request. The Board voted 5-1
(Naron dissenting, Felner absent) to recommend against adoption
of the text amendment adding car wash facilities as a
conditional use in the CBD zone.
During deliberations, the Board considered addressing this
situation as part of the ongoing discussions of non-conforming
uses. However, there was a realization that it is unlikely that
the rules regarding non-conforming uses would be relaxed to
accommodate this type of request. The Board then focussed upon
the appropriateness of car wash facilities within the CBD Zone
District. In its final action, the Board cited inconsistency
with direction in the Comprehensive Plan (auto uses in the CBD)
and the granting of a special privilege as the basis for its
recommendation.
RECOMMENDED ACTION:
By motion, based upon the recommendation of the Planning and
Zoning Board, deny the proposed amendment to LDR Section
4.4.13(D).
DD\Y:CARWASHiDOC
Attachment:
* P&Z Staff Report & Documentation of August 16, 1993
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
FOR
L. D.R. AMENDMENTS
MEETING DATE= AUGUST 16, 1993
~%J AGENDA ITEM~ III.C.
CONDITIONAL USE IN THE CBD (CENTRAL BUSINESS
DISTRICT).
SECTION 4.4.13(D)
\
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.
Pursuant to F.S. 163.3194(2), the Planning and Zoning Board is
to review the proposed amendment with respect to its
relationship to the adopted Comprehensive Plan of the City.
BACKGROUND
This amendment was requested by the owner of Express Car Wash at 375
NE 6th Avenue, which ts zoned CBD (Central Business District). The
Express Car Wash site was originally developed in 1959, under the
provisions of the C-2 zoning category. The property was rezoned
to SC (Specialized Commercial) in 1972 and to CBD in 1990 with the
citywide rezoning.
Car washes were considered permitted uses in the SC district until
1980, when the code was changed to allow them as a conditional use.
Car washes are not allowed as a permitted or conditional use in the
CBD zone, therefore, when the site was rezoned to CBD in 1990, the
use became non-conforming.
Building plans for the car wash indicate that It originally
consisted of Lots 20 through 25, Block 113 of the Highland Park
Subdivision. From 1988 through 1991, Lots 20, 21, and approximately
half of Lot 22 were occupied by a car rental agency. Express Car
Wash wishes to expand their business to again include those lots to
the south. Pursuant to Section 1.3.3(A), non-conforming uses are
not permitted to extend to occupy a greater area of land than that
which was occupied at the time of the adoption of the LDRs (1990).
In 1990 the car wash did not occupy the southern lots, therefore,
the business cannot legally expand. The applicant has requested the
text amendment to make "wash establishments or facilities for
vehicles" a conforming use, thus allowing the expansion.
III.C.
P&Z LDR Text Amendment Staff Report
Meeting of August 16, 1993
Page 2
It should be noted that the southern lots are currently in use
by Express as a finishing area, to dry and wax cars after
washing. However, approval has not been given for that use.
The applicant has submitted a sketch plan which shows the
improvements proposed to re-incorporate the south lot into the
Express Car Wash site for its current use, and as stacking area for
the mechanical car wash. Landscape improvements similar to those
already in place for the main structure would be added. These
improvements would meet the requirements of the October 1, 1993
landscape code compliance. A copy of a sketch plan of the expanded
site as proposed is attached. If the text amendment is approved,
the applicant will be required to apply for conditional use and site
plan approval to implement the expansion. While the above
information pertaining to the Express Car Wash is of interest,
the decision to amend the code is to be based on a general
application and not solely to the benefit of the petitioner.
PROPOSED AMENDMENT
The proposal, at this time, is to change LDR Section 4.4.13(D) by
adding:
(16) Wash establishments or facilities for vehicles, except
that such use shall not be located east of the
Intracoastal Waterway or on lots which front along
Atlantic Avenue.
The locational restriction is the same as that which exists for
gasoline stations in the CBD.
ANALYSIS
Car wash facilities are allowed in the City as conditional uses in
the GC (General Commercial), PC (Planned Commercial) and AC
(Automotive Commercial) zoning districts, however, there are no
traditional full-service car wash facilities such as Express located
in those districts. There is a self-service car wash operation that
is also located in the CBD district, at the northwest corner of N.E.
2nd Avenue and N.E. 2nd Street. This operation was approved in
1987, under General Commercial zoning. It is now non-conforming.
There are numerous hand wash and detail operations in various areas
of the City, as well as single car operations associated with
service stations.
Adding car wash facilities as a conditional use in the CBD would
allow the existing car washes to continue and to expand as
conforming uses, while still allowing the City a mechanism to
control possible adverse affects on the Downtown area via locational
restrictions and the conditional use process.
A review' of tk.e comprehensive Plan Future Land Use Element notes the
following policy which has a direct bearing on the requested
amendment:
Page 3
Policy A-2.4 states in part that "Auto related uses shall not
be permitted in the CBD Zone District or within the geographic
area along Federal Highway which extends four blocks north and
three blocks south of Atlantic Avenue."
While on the surface, there may appear to be a conflict between the
LDRs and the above stated policy, in that the LDRs do permit certain
auto related uses in the CBD zoning district. While the sale,
repair, and washing of automobiles are not permitted, automobile
brokerages and auto parts sales are allowed as permitted uses. In
addition, gasoline stations are allowed as conditional uses, subject
to geographical restrictions. Those restrictions prohibit gasoline
stations from locating east of the Intracoastal Waterway or on lots
which front on Atlantic Avenue, however they are not restricted from
locating on Federal Highway, contrary to the above Comprehensive
Plan policy. As car washes are similar in intensity to service
stations, it is appropriate to treat the uses in a similar manner,
including the same locational restrictions.
It is also appropriate to ensure consistency between the
comprehensive plan and the LDRs. The surficial conflict may be
accommodated simply by acknowledging that Policy A-2.4 is not
intended to be applied to every auto related use e.g. gas stations
and that it was not directed to car wash facilities.
REVIEW BY OTHERS:
The proposed text amendment was reviewed by the CRA Board at its
meeting of July 22, 1993. The Board was in favor of the proposal
and recommended approval by a 7-0 vote.
The DDA Board was scheduled to consider the proposal at its meeting
of July 21, 1993. A quorum was not present at the meeting, so no
formal action could not be taken. However, the Board members
present had no objections to the change.
ALTE RNAT I VE ACTIONS :
1. Recommend denial in that the modification is not consistent
with the Comprehensive Plan, specifically with regard to Future
Land Use Element Policy A-2.4,and in that it is directed to a
specific situation, thus accommodating a special privilege.
2. Recommend approval based upon a finding that the proposed
modification is not i__nconsistent with the Comprehensive
Plan, in that Policy A-2.4 should not be construed to mean all
auto related uses; and in that another car wash facility
affected by the 1990 Citywide rezoning will be returned to a
conforming status.
3. Continue with direction.
P&Z LDR Text Amendment Staff Report
Meeting of August 16, 1993
Page 4
RECOMMENDED ACTION
Board's discretion.
Report prepared by: Jeff Perkins~ Assistant Planner
Report reviewed by: Diane Dominquez~ Principal Planner
Attachments:
* Letter of request
* Location Map
* Sketch Plan
T:CBDWASH.DOC
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JUL 19 I~]
PLANNING & ZONING
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CITY CLE~'S OFFI~
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FROM: CITY OF DELRAY BEACH/CITY CLERK'S
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THE EFFORT ALWAYS MArTEns
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, September 14, 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. 50-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM
DENSITY RESIDENTIAL) DISTRICT IN THE PRD (PLANNED RESIDENTIAL
DEVELOPMENT) DISTRICT; SAID LAND BEING A PORTION OF TRACTS A AND
B, LAGO DEL REY, AND A PORTION OF THE PLAT OF LAGO DEL REY, PLAT
II A, AS 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.
ORDINANCE NO. ~1-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION
4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION (D), OF THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY ADDING "WASH ESTABLISHMENTS OR
FACILITIES FOR VEHICLES" AS A CONDITIONAL USE WITHIN THE ZONE
DISTRICT, SUBJECT TO A LOCATIONAL RESTRICTION; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 52-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 93-1, PURSUANT TO
THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING
AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS
163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT
93-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 53-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ADOPTING A NEW OFFICIAL ZONING MAP; PROVIDING FOR THE
MAINTENANCE THEREOF; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 54-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.4.21, "COMMUNITY
FACILITIES (CF) DISTRICT", SUBSECTION (B), BY ADDING "CEMETERIES"
AS A PRINCIPAL USE; BY AMENDING SECTION 4.4.22, "OPEN SPACE (OS)
DISTRICT", SUBSECTION (B), BY DELETING "CEMETERIES" AS A
PRINCIPAL USE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
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 person(s) will
need a record of these proceedings, and for this purpose such
person(s) may need to ensure that a verbatim 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
September 3, 1993 Alison MacGregor Harty
City Clerk