77-93 ORDINANCES
NO. 7 7-q.5
SECOND READING:
NOTES:
bg
ORDINANCE NO. 77-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN
THE AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND
BEING LOCATED ON THE EAST SIDE OF DIXIE HIGHWAY
APPROXIMATELY 295 FEET SOUTH OF LINTON BOULEVARD, AS
THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; AND
AMENDING "ZONING DISTRICT MAP, DELRAY BEACH,
FLORIDA, 1993"; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF T~E
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:
That part of Tract No. 3A and Tract No. 4A of
revised plat of portions of Sections 28 and 29,
Township 46 South, Range 43 East, Palm Beach County,
Florida, according to the plat thereof recorded in
Plat Book 18, Page 53, of the Public Records of Palm
Beach County, Florida, described as follows:
Commence at the Northwest corner of said Section 28,
thence S. 2°47'25"E along the West line of said
Section 28, 53.06 feet to a line 53.00 feet South of
and parallel with the North line of said Section 28;
thence East, along said parallel line, 96.15 feet;
thence South, 293.16 feet to the North line of said
Tract No. 3A and the point of beginning; thence
continue South, 346.16 feet to the South line of
said Tract No. 4A; thence N. 89°59'39"W., along said
South line, 64.99 feet to the said West line of
Section 28; thence N. 2°47'25"W, along said West
line, 346.56 feet to the North line of said Tract
No. 3A; thence S 89°59'50"E, along said North line,
81.86 feet to the said point of beginning. Together
with:
All that part of the South half (S 1/2) of the South
half (S 1/2) of Lot 3 of the subdivision of Section
29, Township 46 South, Range 43 East, Palm Beach
County, Florida, according to the plat of said
subdivision on file in Plat Book 1, Page 4 of the
Public Records of Palm Beach County, Florida, which
lies East of the right-of-way of the Florida East
Coast Railway Company, less the West 30 feet thereof
for the right-of-way for Old Dixie Highway.
The subject property is located on the East side of
Dixie Highway approximately 295 feet South of Linton
Boulevard.
Section 2. That the Planning Director of said City 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 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_~%~,sion on second and final
reading on this the 7th day of Decem~/// ~ 1~.
MA¥OR~/
First Reading November 23, 1993
Second Readin~December 7, 1993
2 ORD. NO. 77-93
C
D~LRAY
PC
lC
LINTON BOULEVARD
POC
AC
t~COtN
UB~CURY
PAJ~
ED ~ORS~
s~m~eo REZONINO
potomac From 'PC" to "AC'
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ I~ - MEETIN~ OF DECEMBER 7. 1~93
QRDINANCE NO. 77-93
DATE: December 5, 1993
This is the second reading of an ordinance rezoning land located on
the east side of Dixie Highway, approximately 295 feet south of Linton
Boulevard (Delray Lincoln Mercury) from PC (Planned Commercial) zone
district to AC (Automotive Commercial) zone district.
The subject property is a 1.7 acre parcel of land located north of and
adjacent to the west end of the existing Delray Lincoln Mercury
automobile dealership. The proposal is to change the zoning in order
to expand the automobile use. The expansion area would accommodate a
vehicle repair and body shop facility. If the rezoning is approved, a
site plan submittal will be required.
The Planning and Zoning Board at their November 15th meeting
recommended approval of the rezoning request, subject to conditions.
Those conditions included direction to the Site Plan Review and
Appearance Board that if the metal structure cannot be repaired that
it should be removed or relocated to comply with setbacks and that
upon purchase of this property, it be combined with the existing
dealership through a plat or unity of title.
At the November 23rd regular meeting, Ordinance No. 77-93 passed on
first reading by a 5 to 0 vote.
Recommend approval of Ordinance No. 77-93 on second and final reading,
subject to the conditions as recommended by the Planning and Zoning
Board.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
ORDinANCE ?7-93
DATE: November 19, 1993
This is the first reading of an ordinance rezoning land located on the
east side of Dixie Highway, approximately 295 feet south of Linton
Boulevard (Delray Lincoln Mercury) from PC (Planned Commercial) zone
district to AC (Automotive Commercial) zone district.
The subject property is a 1.7 acre parcel of land located north of and
adjacent to the west end of the existing Delray Lincoln Mercury
automobile dealership. The proposal is to change the zoning in order
to expand the automobile use. The expansion area would accommodate a
vehicle repair and body shop facility. If the rezoning is approved, a
site plan submittal will be required.
The Planning and Zoning Board at their November 15th meeting
recommended approval of the rezoning request, subject to conditions.
Those conditions included direction to the Site Plan Review and
Appearance Board that if the metal structure cannot be repaired that
it should be removed or relocated to comply with setbacks and that
upon purchase of this property, it be combined with the existing
dealership through a plat or unity of title.
Recommend approval of Ordinance No. 77-93 on first reading, subject to
the conditions as recommended by the Planning and Zoning Board. If
passed public hearing December 7th.
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: PRINCIPAL PI2%NNER~
FROM: ~
~PLA~NER
SUBJECT: MEETING OF NOVEMBER 23, 1993
FIRST READING OF ORDINANCE NO. 77-93 - REZONING
PROPERTY ON THE EAST SIDE OF DIXIE HIGHWAY IMMEDIATELY
NORTH OF DELRAY LINCOLN MERCURY FROM PC (PLANNED
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 an ordinance rezoning a 1.7
acre parcel of land adjacent to and north of the west end
of the Delray Lincoln Mercury automobile dealership from PC
to AC. The purpose of this rezoning is to accommodate the
expansion of the Delray Lincoln Mercury dealership.
The subject property is located on the east side of Dixie
Highway, approximately 295' south of Linton Boulevard and
immediately north of Delray Lincoln Mercury.
BACKGROUND:
The subject property is a 1.7 acre parcel of land located north
of and adjacent to the west end of the existing Delray Lincoln
Mercury automobile dealership. The property was annexed into
the City in 1979, at which time it was being utilized as a
vehicle repair facility. In 1988, the repair facility was
vacated and the property has not been occupied since.
The development proposal is to change the zoning in order to
expand the existing Delray Lincoln Mercury auto dealership onto
the 1.7 acre parcel. The expansion area would accommodate a
vehicle repair and body shop facility, which is allowed as an
accessory use to the full service automobile dealership. If the
rezoning is approved, a site plan submittal complying with the
Land Development Regulations will be required. An analysis of
the request is found in the attached Planning and Zoning Board
Staff Report.
City Commission Documentation
Meeting of November 23, 1993
First Reading of Ordinance No. 77-93 - Rezoning Property from PC
to AC (Delray Lincoln Mercury Automobile Dealership Expansion)
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of November 15, 1993, the Planning and Zoning
Board held a public hearing in conjunction with review of the
request. There was no public testimony regarding the proposed
rezoning.
However, the Board expressed concerns that the property be
developed in the manner presented, that is, as an extension of
the existing dealership and not as a separately operated
automobile repair facility. Deborah Turner, the agent for the
applicant, assured the Board of her clients intention to
purchase the property and combine it with the dealership.
The Board voted 6-0 (Fulton absent) to recommend approval of the
rezoning request, and provided direction to the Site Plan Review
and Appearance Board on two (2) items as follows:
A. That if the metal structure cannot be repaired as
permitted by LDR Section 1.3.6 (Repairs and
Maintenance of Nonconforming Structures) it should be
removed or relocated to comply with setbacks, and
B. That a condition of site plan approval be that upon
Delray Lincoln Mercury's purchase of the property, it
be combined with the existing dealership through a
plat or Unity of Title.
RECOMMENDED ACTION:
By motion, approval of Ordinance No. 77-93 on First Reading and
setting a public hearing date of December 7th.
Attachment:
* P & Z Staff Report and Documentation of November 15, 1993
* Copy of Ordinance No. 77-93
Y:CCREMERC.DOC
PLANNING ANL, ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT---
MEETING DATE: November 15, 1993
AGENDA ITEM: IV.C.
ITEM: Rezoning from PC (Planned Commerc~ il) to AC (Automotive Commercial).
LINTON BOULEVARD
GENERAL DATA:
Owner .................... Jack Diamond, President
Diamond & Associates, Inc.
Lessee ................... Delray Lincoln Mercury, Inc.
Agent .................... Debora Turner Oster
Jerry Turner & Associates, Inc.
Location ................. East side of Dixie Highway, approximately
295 feet south of Llnton Boulevard.
Property Size ............ 1.7 Acres
City Land Use Plan ....... General Commercial
Clt¥ Zoning .............. PC (Planned Commercial)
Proposed Zoning .......... AC (Automotive Commercial)
Adjacent Zoning...North: PC
East= PC
South= AC
West: I (Industrial) and CF (Community
Facilities)
Existing Land Use ........ A~ existing metal frame building and vacant
land.
Proposed Land Use ........ Expansion of an existing, adjacent
automobile dealership (Delray Lincoln
Mercury), to accommodate a vehicle repair
facility, offlces, and vehicle storage.
Water Service ............ Ex,sting 6" water main along the north
property line of the existing Delray
Lincoln Mercury.
Sewer Service ............ Existing 24" sanitar~ sewer main along the IV.C.
west side of Federal Highway.
I TE M BEFORE THE BOARD l
The action before the Board is that of making a
recommendation on a re~oning request from PC (Planned
Commercial) to AC (Aut~motive Commercial), pursuant to
Section 2.4.5(D). This rezoning is being sought in
order to allow for the expansion of Delray Lincoln
Mercury automobile dealership.
The subject property is located on the east side of
Dixie Highway, ap~uoximately 295' south of Linton
Boulevard and immdiately north of Delray Lincoln
Mercury.
~AC KGROUND l
The subject property ~..s a 1.7 acre parcel of land located north
of and adjacent to the west end of the existing Delray Lincoln
Mercury automobile dealership.
Subject Property=
In 1979, the subject property was annexed into the City with a
zoning designation of SC (Specialized Commercial). The property
was part of a larger parcel of land which contained
approximately 5 acres. Portions of the overall 5 acre parcel
were developed as Burger King and Sizzler restaurants. At the
time of annexation, the subject property was being utilized as a
vehicle repair facility. In 1988, the repair facility was
vacated and the property has not been occupied since. With the
Citywide rezoning of 1990, the property was rezoned to PC
(Planned Commercial).
Delray Lincoln Mercury!
Delray Lincoln Mercury has an extensive land use history which
dates back to 1960, when the dealership was established. The
most recent land use actions to occur with respect to the
dealership are as follows:
On July 31, 1991, the Site Plan Review and Appearance Board
approved a Major Site Plan Modification to allow the expansion
of the dealership to incorporate additional land which included
the vehicle repair facility immediately to the south of the
subject property, the Revolution Bar (along Federal Highway) and
a vacant parcel. That development proposal also included
construction of a two story service building, one story showroom
addition and an extension of the customer service write-up
canopy. As the expansion area represented more than 30% of the
site, upgrading of the entire dealership was required. The
improvements described above have been installed.
P&Z Staff Report
Rezoning from PC to AC for Delray Lincoln Mercury Expansion
Page 2
On September 30, 1992, a non--impacting site plan modification to
install bullpen parking on the northern portion of the current
dealership site was approved by the Director of Planning and
Zoning. At its meeting ol January 13, 1993, SPRAB approved a
minor site plah modificat~.on to allow the addition of a second
floor to the existing show~-oom.
On September 30, 1993, a rezoning request from PC (Planned
Commercial ) to AC (Au tomotive Commercial ) to accommodate
expansion of the dealership onto a 1.7 acre parcel was submitted
and is now before the Board for action.
PROJECT DESCRIPTION:
The development propo al is to change the zoning in order to
expand the existing Delray Lincoln Mercury auto dealership onto
a 1.7 acre parcel of land along Dixie Highway immediately north
of the existing deal~rship. If the rezontng is approved, a site
plan submittal complying with the Land Development Regulations
will be required. Along with the rezoning request, a sketch
plan was submitted and reviewed by staff. The proposed
improvements include the following:
* Construction of a 36 bay vehicle repair facility (12,750
sq. ft. );
* Interior and exterior improvements to the existing 2,400
sq. ft. metal building to accommodate the storage of parts
and supplies;
* Instal lation of a parking area to accommodate 48
employee/customer parking and 48 space bullpen parking
area, along with the installation of landscaping.
Based upon staff's review of the sketch plan, items of concern
were identified, and are addressed in an attachment to this
staff report. The remainder of this report will deal with the
rezoning request.
ZONING ANALYSIS :
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
This may be achieved through information on the
application, the staff report, or minutes. Findings shall
be made by the body which has the authority to approve or
deny the development application. These findings relate to
the following four areas.
P&Z Staff Report
Rezoning from PC to AC for Delray Lincoln Mercury Expansion
Page 3
IFuture Land Use Map:! The use or structures must be allowed in
the zoning district and the zoning
district must be consistent with the land use designation.
The subject property has a General Commercial Land Use Plan
designation and is currently zoned PC (Planned Commercial). The
proposed zoning of AC (Automotive Commercial) is consistent with
the General Commercial land use plan designation. Based upon
the above, it is appropriate to make a positive finding with
respect to consistency with the land use plan designation.
The proposed rezoning is to accommodate a vehicle repair
facility and administrative offices for the existing Delray
Lincoln Mercury auto dealership. Pursuant to Section
4.4.10(C)(1) (Accessory Uses and Structures Permitted), within
the AC zone district, (a) paint and body shops, and (b) repair
shops and garages, are allowed as an accessory use to a full
service automobile dealership.
It is noted that within the AC zone district, the sale,.lease or
rental of vehicles may be conducted on a lot with a minimum area
of 1.5 acres. As the property contains 1.7 acres, a full
service automobile dealership, a used car lot or a car leasing
agency may be established on the property [ref. Section
4.4.10(F)(2)]. Further, as a Conditional Use, specialty service
shops e.g. muffler shops,' tire shops, etc. and stand-alone
vehicle repair facilities are allowed [ref. Section 4.4.10(D)(6)
& (7)].
lConcurrenc¥~I Facilities which are provided by, or through,
the City shall be provided to new development
concurrent with issuance of a Certificate of Occupancy. These
facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
As the rezoning request is a change from existing commercial
(PC) to a commercial zoning of similar intensity (AC), the level
of service standards as they relate to Concurrency should not be
significantly affected. However, the following information is
provided as it relates to Water and Sewer service, and Streets
and Traffic.
Water and Sewers
Water and sewer plans are not required for a rezoning request,
however the following is known:
* A 6" water main exists along the north property line of the
abutting Lincoln Mercury dealership.
* Additional fire hydrant locations may be required.
P&Z Staff Report
Rezoning from PC to AC for Delray Lincoln Mercury Expansion
Page 4
* Presently, the existing structure is not serviced by the
City's sanitary sewer system. Future development will need
to connect to the sewer system. The nearest available
connections are to the service laterals within the existing
Lincoln Mercury Dealership or the existing 24" sewer main
located along the west side of Federal Highway,
approximately 250' east of the property.
Streets and Traffic:
The intensity of uses allowed within the PC and AC zoning
districts are similar, and would be expected to generate
comparable traffic volumes. Therefore, a traffic impact study
was not required with this rezoning request. However, with a
full site plan submittal traffic information must be provided,
and both compliance with the Palm Beach County Traffic
Performance Standards Ordinance and a positive finding of
concurrency (with respect to traffic) must be made.
Consistency:I Compliance with the performance standards set
forth In Section 3.3.2 (Standards for Rezoning
Actions) along with required findings in Section 2.4.§(D)(5)
(Rezoning Findings) shall be the basis upon which a finding of
overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may bo used in
the making of a finding of overall consistency.
Section 3.3.2 (Standards for Rezoning Actions): Tho applicable
performance standards of Section 3.3.2 and other policies which
apply are as follows:
(A) That a rezoning to other than CF within stable residential
areas shall be denied. (Housing Element A-2.4)
This standard is not applicable.
(B) Affordable housing for moderate and middle income families,
particularly first time home buyers, may be achieved
through increases in density when it can be demonstrated
that the increase will result in a more affordable product
provided that other policies of the Housing Element are
maintained. (Housing Element C-3.1)
This standard is not applicable.
(C) Additional strip commercial zoning on vacant properties
shall be avoided. This policy shall not preclude rezonings
on land that at the time of rezoning has improvements on
it. Where existing strip commercial areas or zoning exists
along an arterial street, consideration should be given to
increasing the depth of the commercial zoning in order to
provide for better project design. (Land Use Element A-1.3)
This standard is not applicable, since the zoning is from
one category of commercial to another.
P&Z Staff Report
Rezoning from PC to AC for Delray Lincoln Mercury Expansion
Page 5
D) That the rezoning shall result in allowing land uHeB 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.
Property north and east of the site is zoned PC (Royal Palm
Mortgage Office Building and parking lot, Burger King,
Sizzler, and Veterinary Hospital); south is zoned AC
(Delray Lincoln Mercury) and west is zoned I (Industrial)
(Delray Industrial Park) and CF (Community Facilities)
(Solid Waste Authority transfer station). The proposed
resulting land use, an extension of the dealership, is
compatible with these adjacent land uses.
Section 2.4.5(D)(5) (Rezoninq Findings):
Pursuant to Section 2.4.5(D)(§) (Findings), in addition to
provisions of Section 3.1.1, the City Commission must make a
finding that the rezon£ng fulfills one of the reasons for which
the rozoning change is being sought. These reasons include tho
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 As
more appropriate for the property based upon
circumstances particular to the sate and/or
neighborhood.
The applicant has submitted a Justification statement which
states the following:
"We are requesting the rezoning of the subject property
from PC (Planned Commercial) to AC Automotive Commercial)
to facilitate the expansion of the existing Delray Mercury
Dealership to accommodate additional office space, storage
facilities, service bays, automobile storage, and employee
parking.
The proposed rezoning is consistent with the Comprehensive
(land use) Plan in that the area is designated general
commercial, the designation of all existing automobile
dealerships. The adjacent land uses are such that there
will be no negative impact to existing development. The
property is directly adjacent to the existing Delray
Lincoln Mercury site on the south, an existing parking lot
to the north, Dixie Highway, the FEC Railroad and the
Delray Industrial Park to the west and accessory parking
for the Sizzler Restaurant to the east. (See attached
P&Z Staff Report
Rezoning from PC to AC for Delray Lincoln Mercury Expansion
Page 6
Existing Use Map) The proposed site plan is consistent
with the policies of the Land Development Regulations in
that the proposed building is oriented with no bay doors
facing the right-of-way, all setback requirements and
landscape buffer requirements have been met or exceeded.
The dedication of 50' of right-of-way from Dixie Highway
has also been addressed. (See attached Site Plan)
We are requesting that the existing metal building be
allowed to remain without the required 15' setback, until
such time as Dixie Highway has been widened. Prior to the
expansion of Dixie Highway, there will be an apparent 50'
setback. We will be addressing the outward appearance of
the building for a more aesthetically pleasing solution
than the existing rusted metal exterior."
Comment: The justification statement addresses Item C as the
basis for which the rezoning should be granted. .The automobile
dealership, offices and vehicle repair facility are of similar
intensity as uses allowed under the General Commercial land use
plan designation. It can be determined that the proposed
rezoning is appropriate for the property based upon the proposed
use.
COMPREHENSIVE PLAN POLICIES
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following applicable
objectives are noted.
Land Uso Element Policy A-2.4 - Automobile uses are a
significant land use within the City and as such they have
presented unique concerns. In order to properly control these
uses and guide them to locations which best suits the
community's future development, the following shall be adhered
to:
* Auto related uses shall not be permitted in the CBD
Zone District or within the geographic area along
Federal Highway which extends four blocks north and
three blocks south of Atlantic Avenue.
* Automobile dealerships may locate and/or expand west
of Federal Highway, or between the one-way pair system
(except as restricted above). Automobile dealerships
may locate and/or expand east of Federal Highway only
north of N.E. 6th Street, except within the area lying
east of Federal Highway north of N.E. 8th Street, or
parcels fronting on N.E. 8th Street, and south of the
north border of the Flea Market property, within which
such excluded area, automobile dealerships may not
locate or expand. New dealerships shall not locate
nor shall existing dealerships expand south of N.E.
6th Street provided however, that automobile
dealerships south of N.E. 6th Street may expand onto
adjacent property which is currently in an auto
related use and which is zoned to allow such use.
P&Z Staff Report
Rezoning from PC to AC for Delray Lincoln Mercury Expansion
Page 7
* 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.
The development proposal is consistent with this Policy, as the
subject property is located west of Federal Highway and is not
within a restrictive geographical area identified above.
Further, the proposed vehicle repair facility is to operate as
an accessory use to the full service automobile dealership.
Land Use Element Objective A-1 - Vacant property shall be
developed in a manner so that the future use and intensity is
appropriate and complies in terms of soil, topographic, and
other applicable physical considerations, is complimentary to
adjacent land uses, and fulfills remaining land use needs.
A. Physical Considerations - There are no special
physical or environmental characteristics of the land
that would be negatively impacted by the proposed use.
B. Complimentary with Adjacent Land Uses - The proposal
will be complimentary with the adjacent auto
dealership to the south and the industrial uses to the
west. The proposed use should not adversely impact
the commercial properties to the north and east.
C. Fulfills Remaininq Land Use Needs - The proposal will
allow the expansion of an existing dealership onto a
property that was previously a vehicle repair facility
and has remained vacant and neglected for quite some
time. The need being met is that of expansion of the
dealership, whereas accommodating a free-standing auto
use is not desired. Pursuant to Land Use Element
Policy A-2.4, auto repair uses other than those that
are accessory to a full service automobile dealership
should be directed to industrial/commerce areas.
REV I E W BY OTHERS .'
The rezoning is not in a geographic area requiring review by the
CRA (Community Redevelopment Agency) or the DDA (Downtown
Development Authority).
If the rezoning is approved, a site plan application for the
proposed development will be submitted for review by the Site
Plan Review and Appearance Board.
Special Courtesy Notice:
Special notices were provided to the following homeowner's
associations:
* Town and Country Condominium Association
* Tropic Bay Condominium Association
* Tropic Isles Homeowner's Association
* Tropic Palms Homeowner's Association
P&Z Staff Report
Rezoning from PC to AC for Delray Lincoln Mercury Expansion
Page 8
Public Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. Letters of objection, if
any, will be presented at the Planning and Zoning Board meeting.
ASSESSMENT AND CONCLUSION:
The rezoning request from PC to AC for this property is
consistent with the policies of the Comprehensive Plan and
Chapter 3 of the Land Development Regulations. It is
anticipated that there will be no negative impacts on the
surrounding properties. The property contains a vacant metal
building which was formerly a vehicle repair facility and has
been abandoned for some time. The rezoning will allow the
expansion of the existing Delray Lincoln Mercury dealership to
accommodate an accessory vehicle repair facility, offices and
vehicle storage. Since the basis for the rezoning is that of
expansion of the dealership, the property should be combined
with the Lincoln Mercury Dealership. This could be accommodated
by plat or Unity of Title. However, it is noted that the
properties currently are under separate ownership. If the Board
feels strongly regarding this issue, a statement should be made
to the effect that the rezoning is to accommodate expansion of
the dealership, and not a separate auto related use.
If the rezoning is approved, a site plan application along with
a traffic impact study must be submitted. Positive findings
with respect to other level of service standards and the Land
Development Regulations are anticipated with the full site plan
submittal. In the rezoning application, mention is made of
retaining the metal structure. The attached memo explains the
nonconformity that will result if the structure remains in its
current location. Thus, the Board may want to provide a
recommendation to SPRAB regarding the disposition of this
matter.
ALTERNATIVE ACTIONS :
A. Continue with direction.
B. Recommend approval of the rezoning request based upon
positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of
the Comprehensive Plan, and Section 2.4.5(D)(5).
C. Recommend denial of the rezoning request based upon a
failure to make a positive finding with respect to Chapter
3.3.2(D) (Compatibility), and that pursuant to Section
2.4.5(D)(5) the rezoning fails to fulfill at least one of
the reasons listed.
P&Z Staff Report
Rezoning from PC to AC for Delray Lincoln Mercury Expansion
Page 9
STAFF RE C OMME NDAT I ON .'
A. Recommend approval of the rezoning request from PC to AC
for Delray Lincoln Mercury in order to accommodate
expansion of the existing dealership, based upon positive
findings with respect to Chapter 3 (Performance Standards)
of the Land Development Regulations, policies of the
Comprehensive Plan, and Section 2.4.5(D)(5).
B. Provide direction to SPRAB with respect to the Board's
disposition of the existing metal frame building.
Staff Report prepared by: Jeff Costellot Planner
Report reviewed by Diane Dominguez on: 11/9/93
Attachments:
* Zoning Map
* Sketch Plan
YIDI~IOND.DOC
P&Z Staff Report
Rezoning from PC to AC for Delray Lincoln Mercury Expansion
Page 10
MEMORANDUM
TO: PLANNING AND ZONING BOARD MEMBERS
FROM: JEFFREY A. COSTELLO
PLANNER
RE: SKETCH PLAN FOR DELRAY LINCOLN MERCURY EXPANSION -
ITEMS OF CONCERN (TECHNICAL ITEMS)
DATE: NOVEMBER 8, 1993
With the Rezoning request from PC to AC to accommodate expansion
of the Delray Lincoln Mercury dealership, a sketch plan was
submitted and reviewed by staff. Based upon staff's review of
the sketch plan the following "Items of Concern" were
identified.
ITEMS OF CONCERN.'
1. Dixie Highway
Pursuant to the Traffic Element Table T-4 of the
Comprehensive Plan, the ultimate right-of-way width for
this section of Dixie Highway (between Linton Boulevard to
South City Limits) is 80'. Presently, there exists 30' of
right-of-way, therefore a 50' right-of-way dedication is
required along Dixie Highway.
2. Metal Frame Structure
Pursuant to Section 4.3.4(K), within the AC zone district,
a 15' front building setback is required. On the west side
of the subject property, there is an existing frame
structure that is presently set back 50' from the west
property line. As previously noted, the site plan must
accommodate a 50' right-of-way dedication for Dixie
Highway. After the right-of-way dedication, the structure
will be located along the front property line (0' front
setback). Thus, the structure will be nonconforming.
Pursuant to Section 1.3.6(A) (Repairs and Maintenance), on
any nonconforming structure or on a structure containing a
nonconforming use, work may be done on ordinary repairs, or
on repair or replacement of fixtures, nonbearing walls,
plumbing, or wiring, provided the repair work does not
exceed 10% of the current replacement cost of the
structure. The reuse of the building may involve repairs
that exceed 10% of the structure's value. Thus, it will be
necessary to remove the building or relocate it on the site
to conform to setback requirements.
P&Z Staff Report
Rezoning from PC to AC for Delray Lincoln Mercury Expansion
Page 11
3. Plattinq
The subject property is unplatted and its legal description
is one of metes and bounds. As part of the development
proposal, right-of-way dedication (Dixie Highway), along
with utility easements as deemed necessary, will be
required. Therefore, the property must be platted and a
minor/boundary subdivision plat must be processed pursuant
to Section 5.1.1. In order to ensure that the use is
maintained as part of the Lincoln Mercury Dealership, the
properties should be combined through a Unity of Title.
With respect to the Dixie Highway dedication, a Palm Beach
County right-of-way deed must also be processed and
recorded, with the O.R. Book and Page referenced on the
plat.
4. Parking Requirements
As this proposal is an expansion of an full service
dealership, parking requirements are calculated utilizing
Section 4.6.9(C)(3)(f) (Vehicle Sales and Rental), which
states that required parking spaces shall be designated for
employee, customer, and/or service use at the standard of,
at least, 1.5 spaces per service bay and 2 spaces per 1,000
sq.ft, of floor area (less indoor display area).
With the full site plan submittal, parking information must
be provided which indicates the number of customer and
employee spaces as well as the vehicle storage 'areas. The
parking calculations should take into account the existing
spaces immediately south of the proposed service bays.
Therefore, at this time a determination has not been made
as to whether the parking requirements are met.
5. Perimeter Landscaping
Pursuant to Section 4.6.16(H)(3)(d), between vehicular use
areas and abutting properties, a 5' landscape strip is
required. Along the south property line, a landscape strip
has not been provided. Unless combination of lots/parcels
of the dealership is achieved, the landscape strip is to be
provided.
6. Driveway Aisle Width
Pursuant to Section 4.6.9(D)(4)(d) (Standard Aisle Width),
the standard aisle width is 24' for normal traffic flow
with perpendicular parking. The aisle width on the south
side of the proposed service bays is 20'.
MI, m T~, ~ 7, U~ P~N ~T~N IN ~E GE~ RE~AR C~U~, A
~ ~ N.W. I~ A~ ~ PAKEL ~ ~ ~ ~RE PAR- TIVE
/~) ~ ~ ~ M m C~ C~ M ~ TIONAL IN PA~ TO TRANSIT~ AN ORDINANCE OF THE CITY C~
- -" P.M., ~ ~ Fr~, ~ S.E. ~H STREET; PROV~ING FOR CHAPTER ~ ~MPLOYEE
~. All i~ ~ ~ i~ Ex~PTI~ FR~ THE TRAND CIES AND BENEFITS'.
vi~ ~ ~ ~ ~ ~ar~ ei~ re MITTAL~N~RC PR~ESS; P~ ~ETIR~ENT P~', OF THE
~.~ KAI~)N V I)EllAt ItL~(.I Itt..~ II v I ttRliHl~ IliA( II ~W ~diMK~. VIDING A ~NERAL REPEA~R C~E ~ ORDINANCES OF THE
C~uSE: A ~VI~ C~USE; AND CtTY OF DELRAY BEACh, FLORI.
~~ AN EFFECTIVE ~TE. DA, BY MENDING AND RESTAT-
ING SECTIONS ~.~ THROUGH
AN ORDINANCE OF THE CITY C~ ~ ~ ~.IM AS SPECIFICALLY SET
MI~I~ OF THE CITY OF DELRAY FORTH IN THE '~EN~ENT TO
Published Daily BEACH, FLORI~, ~ENOING AN O"OINANCE OF THE CiTY CO~ CITY OF DELRAY BEACH GENE,*
CHAPTER 4, ~ONING ~EGU~ MISSION OF THE CITY OF DELRAY AL EMPLOYEES' ~ETIREMENT
Monday through Sunday T,o.~, SECTION t*.11 BEACH, FLORIOA, CORRECTING a~e ATTACHED HERETO ANO
'NEIGH~RH~O CO.FACIAL THE ZONING C~IFtCATI~ FOR INCO~RATEO HEREIN: ~EN~
Boca Baton, Palm Beach Coun ry. Florida ~.c, DISTRICt, OF THE ~NO OF- A PARCEL OF ~NO AS ~ORE PAR- lNG 5ECTI~ ~.~ TO CHANGE
VELOPMENT REGU~TIONS OF TICU~RLY OE~RIBED HEREIN, THE TITLE OF TEH P~N TO:
Delray Beach, Palm Beach County, Florida T.~ CODE ~ ORDInAnCES OF , FR~ GC (GENERAL ,C~ER- ~ITYO~ OELRAY BEACH GENER*
THE CITY ~ OELRAY BEACH,CIALI OISTRICT TO NC AL EMPLOYEES' ~ETIREMENT
FLORIO~ BY ~ENOING $UBSEC. (NEIGH~R~O C~ERCIAL) P~N'; REPEALING SECTION ~.~
Tl~ a,a,11(OL ~ONDITIONAL USES OISTR~CT; ~10 ~NO BEING L~ 'AUT~RI~TION': ~ENO~NG
ANO STRUCTURES ALLOWEd, TO ~TEO AT THE S.E. CORNER ~ S. SECTION ~.~7 'PUR~SE';
~TATE OF FLO~[DA ee0vl0E Foe THE DISP~Y ANO FEOERAL H~GHWRY AND SE. nH ~E~OI~ AaO ~EeG~G SEC-
~LE ~ ~W~ FURNITUR~,I STREET; ANO CORRECTI~ TION ~.~, 'EFFECTIVE DATE:
~YGR~NO EGUI~ENT,~~ONING ~P OF DELRAY BEACH, APPLtCABILITY OF
~OUNT~ OF ~ALM ~EA~H SHEOS A~O ACCES~RIES Al A FLORIDA, I~; ~tOt~ ~ P~N*, AND SECTION
CONOITI~AL USE; TO ~LET~ i GENERAL REPEALER C~USE, A 'INTRODUCTION'; CREATING A
THE D~MSING OF ~INE ~VI~ C~USE, AND AN EFFEC- NEW SECTION
~e[o~e ~e unde:81gned ~u~hom:y pe:~on~]ly CONOITI~ALDIRECTLY TO UsE;A VEH~CLETo OELETEAS A ] TIVE OATE. ~EFINITIONS';RETiTLiNG SECTIoNMENDING ~*~,AND
VETERINARY OFFICES AS A C~ ~~ 'PARTICIPATIOn; MENDING AND
tppeared Michelle Bernzweig, Marketing O.T,~ us~; .Y ~.O,.G~ ~TIT~J.~ S~CT'O"
P~IDE ~OR A ~XIMUM FLOR BEACH, FLORIDA. CHANGING THE ~E~VIC~; REPEALING SECT~0N
)apers published in Boca Baton in Palm ..a FoR SidLE T~.A.T ~- C,' O~ O~L.AY .FAC. ~.O '.~. ~VE OF
~each County, Florida; that the attached G~E PRI~IPLE U~S, ""OVlOl~ C~P"EME"SIVE '~N FOR A ~REDITEO SE"VICE
FECTIVE DATE.' ~0~ ~N~ RESI~NTIAL FR~ PARTICIPATION ~N THE
lewspapers in the issues of: ~mea ~'D ~"O IS L~UD AT THE ~'*, 'A~UARIAL
~T~T C~NER ~ CE~ LENC~; ~E~DING SECTION
AN ~DINANCE OF T~CITY ~ TRAL ~REET AT ~R AVE- ~.~. ~TRIBUTI~S OF PAR-
j.~ ~ ~ Cl~ ~ DELRAY BEACH ~O., TAL~N~C ~E~; ~1~ C~E; ~SIS, ~T, AND P~-
- / USE P~N DESI~TI~ IN THE tNG A GE~ RE~LER MENT'; ~E~D~NG SECTPON
C~PREHENSIVE P~N FR~ ~ C~U~; ~ ~VI~ ~U~; ~O
(MEDIUM DENSITY RESI~NTI~) AN EFFE~I~ ~ ~UPPLEMENTAL ~ET
INC~E ANO MINIMUM BENE.
TO ~ (GENERAL C~ERCI~}; FITr; ~ENDI~ ~ECTION
~ID ~ND ~S L~TED ~ THE ~~ ~ARTICIPANT TO ~URNISH ~E-
WEST SIDE OF N.E. ~H A~L QUIRED INF~TION'; AMEN~
AP~X~TELY ~ ~TN ~ AN ~E ~ ~E CI~ ~ tNG SECTPON ~
~ORGE BU~ ~L~Aff~ ~ MIMION ~ ~E CI~ ~ OELRAY 'BENEFICIAR?ES; CONTINGEN.
VIDI~ F~ EXE~PT~ F~ IE~H, F~RI~ C~RECTI~ CIES'; ~ENDING SECTION
THE T~N~I~AL~O ~C ~ THE Z~l~ ~IFI~TI~ ~ ~ENEFITS NONASSIGNABLE'.
CE~; ~OVIOI~ A GENERAL ~E- A P~CEL~ ~ND ~ ~RE PAR- ~ENOING SECTION 3S 1~.
Lffiant further says that The News is a PETER C~USE; A ~V'' TiC~LY~KRIBeHE"EIN,
C~E; AND AN EFFECTIVE FR~ ~ (~ F~LY R~I-
~T SECTION 351~; 'ABAN~NMENT
mwBp~pe~ published in fioa~ R~Lon, in s~id OATE. ~.Tl~) I~ ~T~ .CF
(C~ I~ OF BENEFITS'; ~ENDING SEC.
)aim Beach County, Florida, Monday ~~ PART~IWF~ILh TION35.I~;'ADMIN~STRATlONBY
TIES); ~ ~ ~1~ ~T- ~ETIREMENT C~ITTEE'
AN OROINAKE ~ THE C~n C~' ED I~ N.W. i~ ~ aW.
brough Sunday, and has been entered as MI~I~THECI~Y ~HA~E~APP~LY ~T~NG A ~EW SECTION
;econd class matter at the post office in c,.. DELRAY "U~ ~D' AND C~''~ ~''N ~' '"G S~CT,O.. I", ',UST FUND
~ ~g ~Sl~T~g I~ T~ ~ ~Y B~CM, F~I~ ANO TRUSTEE'; ~ENOING SEC-
toCa Baton, Palm Beach County, Florida, C~PRE.E~IVE .UN 'a A ~;P~I~A~ riO. ~.1.. 'AeE.O~E..
or a period of' one ye~F ~ext preceding the ~.~YOE~.,.Eo.E.,.~ C~US~ .No ....ct,yE .E.*,.~,0. 0~ .~.',
~AN$1TIO~AL TO GENERAL ~l OATE. VIDING A SAVINGS C~USE; p~0.
irst publication of the attached copy of ..c,.;sA,ou~,s~.Eo
;dvertisement; and affiant further says that . ~.T. ~ G~GE 'US"
te has neither paid ~or promised a~y BOULEVA~O; PROVlOI~G~EX- ~IMI~ ~E¢I~ ~LRAV A~OROmAaCEOF T~E Or~
EMPTI~ FR~ ~E TRA~IT-' l~M, FL~I~ REVISING THE MISSION O~ THE C~TY OF OELRAY
TAL AN~RC PR~; ~1~ Cl~'S ~O ~ ~N ~SIG~ BEACH, FLORIDA. CORRECTING
leFSOR, firm o~ corporation any discount, lNG A GENE~ RE~R Tl~ II ~E ~PREHENSIVE THE ZONING CLASSIFiCATION FOR
C~USE; A ~1~ C~U~; AND ~g ~ A PkRCEL ~ ~ND APARCELOF ~NOASMORE PAR.
.ebate, commission or refund for the pur- AN EFFECTIVE ~TE. ~E .PARTICU~RLY ~' TICU~RLY OE~RIBED HEREIN
~RIBED ~REIN FR~ MEDIUM FR~ GC AND ~.IAA :SINGLE
~ose of securing this advertisement for pub- ~m~ ~g$1~ RE$1OENTIAL IN PART FAMILY ~ESIOENT~ALt TO
AND C~UNITY FACILITIES IN ~PROFESSIONAL OFF~CE~ DiS.
marion in said newspapers. ANORDINAKEOFTHECffYC~ PART~ RE~VELOPMENTAREA T~ICT SAiD :A,O ,E,,G ~OCAr.
MISSION OF THE CITYOF ~AY ~; ~lO ~ND IS L~TED ~ ED AT THE SE CO~N~ OF
BEACH, FLORI~, R~tSI~ THE THE ~TH SIDE ~ LINT~ B~ FEDERAL HIGHWAY ANO SE. 5TH
CITY ~ OE~AY B~ ~ ~O AT S.~. ~T~ AVENUE EX- STREET; AND CORRECTING
C~PREHENSIVE ~N ~ A ~1~ F~ THE TRANSIT- ~LORIOA, 1~; PROVIDING A
PARCEL~ ~O~RE PART~ TAL~N~C ~E~; PR~I~ GENERAL REPEALER C~USE~ A
L~ DENSI~ RESI~NT~ TO C TIVE DATE.
MEDIUM ~l~ RESI~NTI~; AN EFFE~IVE
F~ILY) TO R~ (~EDI~ ~1- t AN OROI~NCE OF THE CITY C~
MI~I~ OF THE CITY OF OELRAY
TY RE~t~NTIAL); ~ID ~ · ; Ag ~Ol~ ~ THE CITY C~
L~D AT T~ ~T ~1~1~ ~ ~ CI~ ~ ~Y BEACH, FLORIDA, CHANGI~ THE
worn to and subscribed, before me this ~,, 0F AN~EM A~i i I~.F~I~C,A~I~THE CI~LRAY~NDUSEP~N
AND ~ STREW; ~l CiTY ' ~LUY I~.~ DESIGNATION 1, THE
PRQVIOI~ A GENE~L ~. ~ P~L ~ ~ ~ ~E PAR- TICU~RLY DESCRIBED HEREIN
~ AgO~ EFFE~IVE ~ . tF~ GKNE~ C~ERCIAL TO ~NSITY RESIOENTIAL; SAtO
T~lT~; ~ID ~0 I$ ~ ~ IS L~TEO AT ~UTH
~~ ~T~ ~ ~E ~TH SIDE ~ E~L HIG~AY ANO S.E. ~H
BEACH, FLO~ ~NGI~ ~E TAL~ ~; ~ lNG A GENERAL REPEALER
CITY OF ~L~Y ~H ~O I~ A GEN~ ~E~EI C~USE; k ~ING C~USE; ~ND
USE P~-~ IN THE C~; A ~ C~E; AND AN EFFECTIVE OATE.
CM~E~I~ ~ ~ A
~UNI~ F~ILITIE~ TO ~ MINION OF THE CITY OF DELRAY
~ITY ~T~ ~
~T ~R ~ N.W. ~ ~, P~ RE~AND Ct~'S ~RO U~ P~N OESLGNA-
~[~ i~ ~ STREET AND N;W. ~TH A~; ~1~ ~D ~LY Tl~ IN THE C~PRENENSIVE
~IM~ ~ ~1~. ~ K (~NED ~R- ~N FO~ A PARCEL OF
F~ ~E TWIT- CI~) OlS~lCT IN ~E AC ~E PARTICU~RLY OF.
TAL~C ~; ~ (AU~IVE CMRCI~) 01~ KRIIEO HEREIN F~M MEOtUM
A
~NSITY RESI~NTIAL TO C~
: ~* 6TH AVENUE EXTENDED:
CESS; P~OVID~NG A GENERAL ~E.
C~USE; AND AN EFFECTIVE
ZONED ~ (P~NNED C~ER- m~ ~ ~ CiW C~mi~ wire re
CIAL) DISTRICT IN THE AC ~ ~O any ma~ c~ at this
HI'WAY ~.APPROXIMATELY ~ ~(s) may ~ to ~ure ~at a
HEREIN; AND ~ENDING ~ONING F.S.
SAVING C~, AND AN EFFEC- C~ C~
TIVE DATE.