01-92 ORDINANCE NO. 1 -92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED GC (GENERAL COMMERCIAL)) DISTRICT IN
AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING
LOTS 19 THROUGH 27, BLOCK 11, OSCEOLA PARK, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 2,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
AND BEING MORE PARTICULARLY DESCRIBED HEREIN; AND
AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA,
1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING
A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the AC
(Automotive Commercial) District, as defined in Chapter Four of the Land
Development Regulations of Delray Beach, Florida, to-wit:
Lots 19 through 27, Block 11, Osceola Park, according
to the Plat thereof recorded in Plat Book 3, Page 2,
of the Public Records of Palm Beach County, Florida,
less right-of-way of State Road No. 5 (U.S. Highway
#1), and less the South 5 feet of Lot 27).
The above described parcel contains 1.35 acres of
land, more or less.
The subject property is located on the S.E. 5th
Avenue, between S.E. 6th Street and S.E. 7th Street,
Delray Beach, Florida.
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conflict herewith be, and the same are hereby repealed.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 imme-
diately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the llth day of February , 1992.
ATTEST:
~ity Cler~
First Reading January 14, 1992
Second Reading February 11, 1992
NATE ALL LANGUAGE REGARD-
lNG BANNERS IN THE AUTOMO-
TIVE COMMERCIAL (AC)DIS-
TRICT; BY RELETTERING SUB-
I PARAGRAPHS4410[G](S)(e) AND
.............. ~OiltD~VII~ 4410[G)($)(f); PROVIDING A SAV.
lNG CLAUSE; P~OVID~NG A RE-
,~J~ PEALER CLAUSE; PROVIDING AN
A PUBLIC HEARI~ will ~ ~ ~ EFFECTIVE DATE
· e ~1~i~ ~ ~{s) at ORDNANCE NO. 3.92
7:~ P.M., (~ at ~y ~i~t~ ~
~h ~i~ ~kh is ~ by ~ ~ AN ORDINANCE OF THE CITY CCH-
BOCA RATON~DELRAY BEACH BOYNTON BEACH~ DEERFIELD BEACH min~J, ~ T~y, F~ H, MISSION OF THE CITY OF DELRAY
1~, in ~ Ci~ ~ Cha~ BEACH, FLORIDA, AMENDING TI.
~, 1~ N.W. lit A~, ~lrl~ TLR V, 'PUBLIC WORKS', CHAPTER
~fl, a ~K~ tim ~ Ci~ ~m~ 54, 'SEWERS', SUBHEADING
s~ Will ~ ~r ~. T~ 'RATES AND CHARGES', OF THE
~ ~diRa~e(s)may ~ i~- CODE OF ORDINANCES OF THE
Published Daily .~e~C,~C~a, me OIY OF O[k~A~
FLORI-
Ci~ ~1, ~ N.W. 1~ A~, ~iy DA, BY AMENDING SECTION ~.32,
Monday___ ~__throuah___ ____~ll~d~,V 8~, F~B, ~ 8:~ A.~. ~ S:~ 'SERVICE RATES AND CHARGES',
P.M., ~y ~ Fri~, ~c~l SUBSECTION (B)H), TO CORRECT
Boca Baton, Palm Beach County, Florida ~.,,. All i~ ~ are im THE NUMBER OF GALLONS ON
vi~ ~ ~ ~ ~ ~rd w~h re WHICH THE COMMODITY CHARGE
Delray Beach, Palm Beach County, Florida ~..~.~i~: IS BASED; PROVIDING A SAVING
CLAUSE; PROVIDING A GENERAL
J~ REPEALER CLAUSE, PROVIDING
AN ORDINANCE OF THE CITY C~ AN EFFECTIVE DATE
MINION OF THE CITY OF DELRAY ORDINANCB NO. q
STATE OF FLORIDA j eEAC.. F~o.,o~ .~z~,~
P~CING ~ND PRESENTLY AN ORDINANCE OF THE C~TY coM-
COUNTY OF PALM BEACH zo,eo GC (GENE"AL CO~ER' ~'SSION OF THE CITY OF DELRAY
[ CIAL) . DISTRICT ' IN AC BEACH, FLORIDA~ A~ENDtNG
AUT~TIVE C~ERCIAL) O~ CHAPTER 95, "CIVIL DEFENSE AND
TRICT; ~lD ~NO BEING LOTSW E~ERGENOES' OF THE CODE OF
Before the undersigned authority personally m,ouo. ,,, ,~ ,,, ~* 0~,,~.c~s ~0~ T.~ c~T~ 0~
PARK, ACCEDING TO THE P~T DELEAY BEACH FLORIDA, BY RE-
appeared Nancy Smith, Inside Sales Man- THEREOF RECORDED IN P~T PEALING CHAPTER
B~K ~, P~E ~, OF THE PUBLIC 'E~ERGENCY MANAGEMENT"; TO
ager of The News, daily newspapers pub- .,CO.~OF .*~ ,E~C. COU.- ~ov,~ * ~*~wo~
llshed in Boca Baton in Palm Beach County, PARTICU~RLY DESCRIBED PROVIDtNG FOR DEFINITIONS;
HEREIN; AND ~ENOING ~ONING APPLICABILITY OF PEOVIS~ONS.
OIST"ICT ~P, ~LRAY BE~CH,r EMERGENCY MANAGEMENT
Florida; that the attached copy of advertise- F~O.,~ 1~; PROVIDING A STRUCTURE; POWERS, DUTIES
GENERAL REPEALEEi C~USE; AND RESPONSIBILITIES; OECLA-
moRt was published in said newspapers in .ov,o,.G A ~VING C~USE; RATION OF STATE OF E~ERGEN-
PROVIDINGAN EFFECTIVE DATE. CY; TERMINATION OF A STATE OF
E~ERGENCY; POLICE E~ERGEN-
T~RIALS EMERGENCIES; UTILITY
........ AN ORDINANCE OF THE OTY ~0~ E~ERGENCIES; WEATHER EMER-
J~[~, ~1~ ~1~ BUILDING REGULATtONS; CERTJ-
CHA~ER 4, ~0NING REGU~ FICATION OF EMERGENCY CONDI-
' TtONS', SECTION 4.~.1~, TION; AND PENALTIES;
'AUT~TtVE C~ERCIAL (AC) lNG A GENERAL REPEALER
~J~ ' SU~ECTIO~ ~4.~G), CLAUSE; PROVIDING A SAVING
~EJENTAL OISTRiCT RE~U- CLAUSE, AND P~OWDING AN EF-
~Tl~, ~F T~E- ~NO ~L- FECTIVE DATE
~MENT REGU~TIONS OF THE
CITY OF DELRAY BEACH, FLORF OR~NANCENO.&I2
DA,BY REPEALINGSUBP,~ ~A-
AN ORDINANCE OF THE CITY CO~-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING
Affiant further says that The News is a c,~.,~. TWO, 'AD~INISTRATIVE
PROVISIONS" SECTION 22.L "THE
PEALS', OF THE LAND DEVELOP-
Palm Beach County, Florida, Monday ~.~ .~u~,,o.s o~
CODE OF ORDINANCES OF THE
through Sunday, and has been entered as c,,~, .~°" ~.o,.~°~ ~C.,su~c,,o.~o~,-
second class matter at thepostoffice in .OARD~25(C~'It'oF~O PROVIDEC0NSTRUCTONTHAT THEAp.
Boca Raton, Palm Beach County, Florida, PEALS SHALL HOLD AT LEAST
FOUR REGULARLY SCHEDULED
for a period of one year next preceding the ~ov,~ THERE IS BUSINESS TO
first publication of the attached copy of ~v,~ c~us~;
advertisement; and affiant further says that ~0~,~,~,~.~c~,~[
ho h~s noi~hor paid no~ p~omisod any o~,~,~o.,~
AN ORDINANCE OF THE CITY coM-
person, firm or corporation any discount, ~,ss,o. OF THE CiTY OF OELRAY
BEACH, FLORIDA, AMENDING TI-
~eb~ge, aommlsslon o~ ~efund fo~ ~he pu~- ,~, ~,,, ~[,c co,i., c,~.
TEA 71, "PARKING REGULATIONS',
pose of securing this advertisement for pub- BY A~ENDING SECTION 71~1,
llcatlon in said newspapers. ~,,,,o TICKET VIOLATIONS',
BY ENACTING A NEW SUBSECTION
CLERK OF THE COURT OR THE
TRAFFIC VIOLATION BUREAU
SHALL SUPPLY THE OE~ART-
~ENT OF HIGHWAY SAFETY AND
NETICALLY ENCODED COMPUTER
TAPE REEL OR CARTRIDGE THAT
_ IS MACHINE ~EADABLE BY THE
INSTALLED COMPUTER SYSTEM
AT THE DEPARTMENT;, LISTING
PERSONS WHO HAVE THREE OR
MORE OUTSTANDING PARKING
Sworn to and subscribed before me this TICKETS FOR THE PURPOSE OF
O~ THE ISSUANCE O~ LICENSE
ERS OF THESE PERSONS APPEAR-
day of , A D., 19 · ,,~ 0. ,,~ ~,.~ ,,0v,~,,~
~ PROVIDING A SAVING CLAUSE;
PROVIDINGAND EFFECTIVW/
DATE.
~ mace by lhe CHy Commissi0~ with re-
, ~ ~m ~ ~ ~ ~.o~o~.
~ OTy OF OE~R~Y ~E~CH
ORDINANCE NO. 1 -92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED GC (GENERAL COMMERCIAL)) DISTRICT IN
AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING
LOTS 19 THROUGH 27, BLOCK 11, OSCEOLA PARK, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 2,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
AND BEING MORE PARTICULARLY DESCRIBED HEREIN; AND
AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA,
1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING
A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the AC
(Automotive Con~nercial) District, as defined in Chapter Four of the Land
Development Regulations of Delray Beach, Florida, to-wit:
Lots 19 through 27, Block 11, Osceola Park, according
tO the Plat thereof recorded in Plat Book 3, Page 2,
of the Public Records of Palm Beach County, Florida,
less right-of-way of State Road No. 5 (U.S. Highway
#1), and less the South 5 feet of Lot 27).
The above described parcel contains 1.35 acres of
land, more or less.
The subject property is located on the S.E. 5th
Avenue, between S.E. 6th Street and S.E. 7th Street,
Delray Beach, Florida.
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 imme-
diately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and fina~
reading on this the llth day of Februar~ , 1992.
ATTEST:
City Cler~
First Reading January 14~ 1992
Second Reading February 11t 1992
BOCA BATON NEWS
DELRAY BEAC/~ NEWS
BOYNTON BEACH NEWS
Published Daily
Monday thru Sunday
Boca Baton. Palm Beach County, Florida
Delray Beach, Palm Beach County, Florida
STATE OF FLO~LIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally
appeared NANCY WATT who on oath says that she
is the Classified Advertising Manager of the Boca I
I:taton News and the Delray Beach News, daily
newspapers published at Boca Baton in Palm ~0RD,~HCS
Beach County, Florida; that the attached copy of ~ACH, F~,~
CHAPTER '~
advertisement was published in said newspapers ~;R~,ART~CLEoE~RAL ~'~ ~RICT~$.
, r . CO~ OF ORDINAN~S OF
~/ ~/ CiTY OF ~L~Y B~H, FLORI-
YARD SEeK
~ C~ERCIAL Z~E TO
~E SET~
~ ~ THE BUlLiNG W ~ A
PR~IDI~ A REPEALER
Affiant further says that the smd Boca Baton TfVEOATE.
News and Delray Beach News are newspapers pub-
lished at Boca Raton, in said Palm Beach County, ~ .d~.~e
Florida, Monday through Sunday, and have been T..~ .d,~ ~,. ,,
entered as second class matter at the post office in ~ ~ c~,,a
Boca Raton, Palm Beach County, Florida, for ape ~~~
riod of one year next preceding the f~st publica- ~~~~~--
tion of the attached copy of advertisement; and ~, ,m,
affiant further says that she has neither paid nor ~ ~ ~ b~ ,~.~
promised any person, f~m or corpora:ion any dis* b, l~ ~,
pose of securing this advertisement for pub~c~tion ~ ~,
Sworn to and subscribed before me this c,~
(Sea~, Notary Public, State of Florida at large)
My Commission expires , 19
~tota~'~blle; ~te of Florida at
~ Commissipn-~f~ ~Feb. I~, lg~l
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~8
QRDINANCE NO. 1-92
DATE: February 7, 1992
This is a second reading of an ordinance rezoning and placing land
presently zoned GC (General Commercial) district in AC (Automotive
Commercial) district, said land being located on S.E. 5th Avenue,
between S.E. 6th and 7th Streets (O.C. Taylor).
At first reading of this ordinance on January 14, 1992, the
Commission requested additional information from staff on the history
of the Acura and Izuzu Dealerships. That information is attached as
backup material for this item.
The O.C. Taylor property proposed for rezoning is a 1.35 acre lot
which was initially zoned SC (Specialized Commercial). In October
1990, during the Citywide rezoning action associated with the
adoption of the Land Development Regulations, this parcel along with
the commercial area from S.E. 3rd Street to S.E. 10th Street (except
the Fronrath Dealership) was rezoned to GC (General Commercial).
The main impact of the proposed rezoning request is to take the auto
dealership use from it's current nonconforming status and place it
into a conforming status.
Additionally, the applicant is seeking a waiver from minimum lot
size and lot depth standards specifically for the purpose of
operating a full service automotive dealership. Presumably, the
waiver would not run with the land; thus, a use change to "used car
sales", or similar principal use, could be rejected at a future
date. Section 4.4.10 (F)(2) of the Land Development Regulations
provides for the waiver of minimum depth and lot size requirements
for sites where a use has been legally established and continues in a
nonconforming state. Therefore, the Commission will need to make a
determination whether or not the dealership was legally established
prior to granting the waiver.
The Planning and Zoning Board at their December 16, 1991 meeting
recommended denial of the rezoning request. Additionally, several
neighbors spoke in opposition to the rezoning and five letters of
opposition were received. A detailed staff report is attached as
backup material for this item.
MEMO Fi-om
CITY MANAGEI:::::I'$ OFFICE
ORDINANCE NO. 1 -92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED GC (GENERAL COMMERCIAL)) DISTRICT IN
AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING
LOTS 19 THROUGH 27, BLOCK 11, OSCEOLA PARK, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 2,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
AND BEING MORE PARTICULARLY DESCRIBED HEREIN; AND
AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA,
1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING
A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the AC
(Automotive Commercial) District, as defined in Chapter Four of the Land
Development Regulations of Delray Beach, Florida, to-wit:
Lots 19 through 27, Block 11, Osceola Park, according
to the Plat thereof recorded in Plat Book 3, Page 2,
of the Public Records of Palm Beach County, Florida,
less right-of-way of State Road No. 5 (U.S. Highway
~1), and less the South 5 feet of Lot 27).
The above described parcel contains 1.35 acres of
land, more or less.
The subject property is located on the S.E. 5th
Avenue, between S.E. 6th Street and S.E. 7th Street,
Delray Beach, Florida.
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 imme-
diately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the __ day of , 1992.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER~
THRU: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 11, 1992
SECOND READING FOR O.C. TAYLOR REZONING FROM GC TO AC
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on second reading of the rezoning ordinance
affecting the O.C. Taylor property by changing designations
from GC (General Commercial) to AC (Auto Commercial).
Also, subsequent to first reading, a request for waivers to
minimum lot requirements has been requested.
The O.C. Taylor property is comprised of 1.35 acres and is
located on the west side of Federal Highway between S.E. 6th
and 7th Streets.
BACKGROUND:
The City Commission considered the rezoning ordinance for O.C.
Taylor on first reading at their January 14, 1992 meeting. The
applicant presented information relating to other auto use sites
within the City. The City Commission passed the ordinance on
first reading and requested additional information from staff on
the history of the Acura Dealership (Federal Highway and N.E. 7th
Street) and the Izuzu Dealership (Federal Highway and Lindell
Boulevard). History briefs for the Acura, Izuzu and O.C. Taylor
are attached. The following is a summary of the briefs:
Izuzu - The .986 acre site received SAD zoning, Conditional
Use and Site Plan approval on November 13, 1984 for an auto
dealership. As the site was operating under an approved
SAD, Conditional Use and Site Plan, the site was rezoned
from SAD to AC with the LDR adoption.
City Commission Documentation
Second Reading of O.C. Taylor Rezoning From GC to AC
Page 2
Acura - The entire dealership contains 2.09 acres and was
approved under two Conditional Use requests on August 26,
1986. The first Conditional Use request was for an auto
dealership on the lots currently located in the AC zone
district (west half of site). The second Conditional Use
was approved as an off street parking lot for employee and
customer parking only for the lots currently zoned RM (east
half of the site). A recent site visit reveals that both
display and serviced vehicles are parked on the RM property
in violation of Conditional Use approval.
O.C. Taylor - The original dealership was established as
Gordon Motors in 1972 (Lots 19-24). No records of
Conditional Use or Site Plan approval are noted. On August
22, 1986 a major modification to a Conditional Use and Site
Plan was approved, allowing expansion south into Lots 25-27.
In September, 1990 with rezoning associated with LDR
adoption this parcel, along with the commercial area from
$.E. 3rd Street to S.E. 10th Street, was changed from SC to
GC.
Subsequent to first reading, by letter of February 3, 1992, the
applicant is seeking a waiver from minimum lot size and lot depth
standards only for the purpose of operating a full service
automotive dealership. Presumably, the waiver would not run with
land; thus, a use change to "used car sales" (or similar
principal use) could be rejected at a future date because it does
not qualify with respect to a conforming lot for the desired
use. I have a problem with this rational but I defer to the
City Attorney.
To grant the request, the City Commission must find that the
existing use was legally established [Ref: 4.4.10(F)(2)].
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board held a public hearing on this item
at its meeting of December 16, 1991. After a lengthy discussion
the Board recommended denial on a 4-2 vote (Parker and Krall
dissenting).
ACTIONS BEFORE THE COMMISSION:
1. Deny the rezoning request for O.C. Taylor based on the
findings of the Planning and Zoning Board.
2. Approve the rezoning based upon a finding that the use was
previously, legally established and granting the rezoning
will not adversely effect adjacent or nearby properties.
City Commission Documentation
Second Reading of O.C. Taylor Rezoning From GC to AC
Page 3
3. If approval is granted, then grant a waiver to lot depth and
area requirements for the use of a full service automobile
dealership only based on a finding that the specific use had
previously been legally established.
Attachment:
* History Briefs
* Copy of Applicant's Dealership Comparison
PD/#44/CCOCTAY.DOC
!
ttECEIVED
1992
ATTORNEYS AT LAW
A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS
DELRAY BEACH~ FLORIDA 33~83
ROGERT A. OlTTHAN FAX
DONALD C. DOWLING (407~ ~76-5489
ROBERT W. FEDERSPIEL, P.A. W~T PALM BEACH LINE
JOHN W. SPINNER ~ U ~~L~a~"Dq) ~ (~07) 736-0400
City Commission of the
City of Delray Beach
100 N.W. First Avenue
Delray Beach, FL 33483
Re: Arthur Taylor Petition for
Rezoning, File No. 2153.68
Dear Mayor Lynch:
With respect to the rezoning of our client's property which was formerly the Jeep/Eagle dealership
and pursuant to Section 4.4.10(F) of the City of Delray Beach Land Development Regulations, we
would request a waiver from the following requirements for purposes only of operating a full service
automotive dealership:
A. The 1½ acre requirement set forth in LDR Section 4.4.10(F)(2)(a);
B. The lot depth requirement set forth in LDR Section 4.4.10(F)(2)(c).
We would request the City Commission to approve these waivers simultaneously with the rezoning on
second reading of the subject property to AC.
Thank you for your consideration.
Sincerely,
RWF:kp
PLANNING & ZONING
Approved by Arthur J. Taylor:
DELRAY IZUZU - HISTORY BRIEF
File No. 0-189 (Annexation), 1-159 (Rezoning), 6-116 (Site Plan)
Contains .986 Acres
P&Z Workshop, February 28~ 1984 - Proposal to establish auto
dealership presented/feed back given.
P&Z Workshop, May 31, 1984 - Land Use Amendment proposed for .35
acre parcel of .70 total to go from MF to C. Proposal included
a rezoning request to SC for the entire .70 acre total along
with annexation. Board suggested SAD so there was more control
if abandonment of use occurred.
P&Z Workshop~ June 28~ 1984 - Discussed proposal to annex .70
acres (Lots 40-50) with SAD zoning and Conditional Use and Site
Plan approval for Auto Dealership.
P&Z Regular Meeting~ July 16, 1984 - P&Z recommended denial of
Annexation, Rezoning, Conditional Use and Site Plan based on the
following:
- the site was too small to accommodate the use;
- alternative off site storage proposal not acceptable;
- inconsistent with Land Use Plan;
- Engineer's memorandum of July 10 (Platting and driveway
alignment).
CC Discussion on August 14, 1984 - Owner's agent indicated the
owner had approached the land owner to the east and had entered
into a purchase agreement for four additional lots (Lots 51-54)
for future expansion. No objection noted by Mayor as long as
the use could be expanded and proper buffering between
commercial and residential properties provided. Petition
amended from .70 acres to .986 acres to include Lots 51-54.
CC First Readinq~ October 9, 1984
- Ordinance No. 82-84 Annexation
- Ordinance No. 83-84 Rezoning, Conditional Use and Site Plan
Both Ordinances were approved on First Reading.
CC Second and Final Reading, November 13~ 1984
- Ordinance No. 82-84 Annexation
- Ordinance No. 83-84 Rezoning, Conditional Use and Site Plan
Both Ordinances were approved on Second Reading.
Delray Izuzu - History Brief
Page 2
CC Meetinq~ September 25~ 1990 LDR Adoption Ordinance 25-90 -
Property rezoned from SAD to AC to accommodate existing use.
The designation was given to the parcel because it had a valid
Conditional Use approval.
PD/#43/IZU.DOC
ACURA - HISTORY BRIEF
File No. 6-158
Contains 2.09 Acres
Preliminary Staff Review~ June 11~ 1985 - Existing zoning of SC
and RM in part identified. Conditional Use for Auto Use
required for SC portion and Conditional Use for off street
parking area required in RM portion.
Planninq and Zoninq Board Recommends Approval of CU and SP on
August 13, 1986
CC Approves CU and SP on Auqust 26~ 1986
Conditional Use Approval for:
- East half of site - off street parking area -
employee/customer parking only - no display or bull
pen parking permitted.
- West half of site - automobile dealership - automotive
sales with associated uses of automobile paint and
body shop and automotive repair shops and garage.
CC Approves Alley Abandonment on October 1~ 1986
The 16' alley located between the commercially zoned lots and
the residentially zoned lots was abandoned via Resolution No.
64-86.
CC Meetinq of September 25~ 1990 (LDR Adoption) Ordinance No.
25-90
SC lots were changed to AC.
RM-10 lots were changed to RM (off street parking areas was
eliminated as a use either permitted or conditional in this zone
district. No specific discussions were noted for this parcel in
minutes of the LDR adoption hearing.)
PD/#43/ACURA.DOC
O.C. TAYLOR - HISTORY BRIEF
File No. 6-155
Contains 1.315 Acres
Gordon Motors constructed in 1972 on Lots 19-24. No record of
site plan approval but building permit plans are on file with
the Building Department.
P&Z Reqular Meetinq, August 18~ 1986 - P&Z recommended approval
of the Conditional Use and a major Site Plan modification for
expansion of the use onto Lots 25-27 to the south.
CC Regular Meetinq, August 22, 1986 - Approved the Conditional
Use and a major site plan modification for Lots 25-27.
Board of Adjustment Meetinq~ August 25, 1988 - Request for a
variance from the front setback to allow enclosure of overhead
canopy area. The variance was denied as insufficient hardship
demonstrated.
CC Meeting, September 25, 1990 LDR Adoption Ordinance No. 25-90
- The zoning of this parcel along with the commercial area from
S.E. 3rd Street to $.E. 10th Street was changed from SC
(Specialized Commercial) to GC (General Commercial).
PD/#43/OCT.DOC
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: Planning and Zoning Board Members
DATE: December 9, 1991
RE: REZONING FROM GC TO AC (O.C. TAYLOR)
ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation on
a proposed rezoning from GC (General Commercial) to AC (Auto
Commercial).
The subject property is located on S.E. 6th and 7th Streets. It
contained several dealerships, the latest being the O.C. Taylor
Jeep Eagle Dealership. It is anticipated that Hundi will soon
occupy this facility.
BACKGROUND:
This item was originally scheduled for Board action on November
18, 1991 but a continuance to the December 16, 1991 was
requested by the applicant's attorney.
Since the last meeting (November 18, 1991) additional background
history has been uncovered. The expansion of the use on lots
25-27 (parking area south of existing building) was reviewed and
recommended for approval by the Planning and Zoning Board on
August 18, 1986. The City Commission approved the Conditional
Use and Site Plan Modification on August 22, 1986. The approval
included construction of parking on lots 25-27 and landscape
improvements to the balance of the site.
The improvements to lots 25-27 along with some of the landscape
upgrades to the balance of the site were provided. However, in
reviewing the records a landscape sign-off on the expansion was
not given. Further, though most of the landscape improvements
were initially provided they have been allowed to deteriorate to
their currently unacceptable condition. While compliance with
the previous site plan approval is enforceable via the Code
Enforcement process it would be a good faith gesture, if the
applicant were to provide upgrades with this request.
To: Planning and Zoning Board Members
Re: Rezoning From GC To AC (O.C. Taylor)
December 9, 1991
Page 1.
PROJECT ANALYSIS:
In further discussions with the applicant's attorney he has
contended that an error was made in the rezoning action of
October 1990 which changed the property from SC to GC. Pursuant
to Section 2.4.5 (D) valid reasons for a rezoning include the
following;
That the zoning had previously been changed, or was
originally established, in error;
The property was changed from SC to GC in October, 1990 during
rezoning associated with the adoption of the LDR's. Similar
properties in the area (Dennis Fronrath and Wallace Nissan) were
also slated for similar rezoning action. During final public
hearings attorneys representing Mr. Fronrath and Mr. Wallace
were successful in modifying the rezoning actions to obtain AC
zoning designation for their clients. Although no specific
discussions are noted in the minutes for this property, given
the similar location it is reasonable to assume that O.C.
Taylor's property was identified as SC zoning which was to be
consciously changed to GC. As the site does not contain the
minimum requirement of 1.5 acres, the change may have been
implemented to make the use nonconforming in a hope to "phase it
out". Given the above, staff believes an error was not made
with the zoning change to GC.
However, the applicant's attorney contends that when a broader
definition of error (to include mistakes,) is utilized the
proposed rezoning meets a valid reason pursuant to Section
2.4.5.(D). The applicant's attorney argues that similar
properties with similar characteristics (i.e., less than 1.5
acres minimum) did receive an AC zoning designation in October,
1990 (Fronrath and Wallace) or after 1990 through corrective
ordinances (Wallace).
ASSESSMENT:
The main impact of the rezoning request is to take the auto
dealership use from it's current nonconforming status and place
it into a conforming status. If the initial placement of GC
(General Commercial) designation on the property in October,
1990 was intended to make the use nonconforming; thereby,
providing the vehicle to phase it out over time, then approval
of the rezoning request is not recommended.
If the applicant's argument that a error was made is valid and a
recommendation of approval is forwarded to City Commission, a
recommendation regarding waivers to the minimum depth (200') and
size (1.5 acres) requirement [Section 4.4.10.(F)(2)] is also
appropriate.
To: Planning and Zoning Board Members
Re: Rezoning From GC To AC (O.C. Taylor)
December 9, 1991
Page 2
ALTERNATIVES:
A. Continue with direction.
B. Recommend denial of the Rezoning request based on
incompatibility with adjacent Land Uses, as well as, a
failure to demonstrate that the proposed zoning change meets
one of the valid reasons pursuant to Section 2.4.5(D)(1) and
a failure to meet minimum LDR compliance with respect to
minimum lot size.
C. Recommend approval of the rezoning request based upon
positive findings with respect to Section 3.3.1 (Required
Finding), 3.3.2 (Performance Standards) and Section
2.4.5(D)(1) (Reasons for Rezoning).
D. Defer action on the request if the applicant proposes
concurrent processing of a Conditional Use request which
would firmly establish the use.
STAFF RECOMMENDATION:
Recommend denial of the rezoning request based upon a failure to
make positive finding with respect to Section 3.1.1
(Compatibility and LDR compliance) and failure to provide a valid
reason pursuant to Section 2.4.5 in that:
a) An incompatibility exists with adjacent residential uses.
b) The site does not conform to minimal standards for the
establishment and maintenance of an automobile dealership or
sales facility.
c) An error was not made in the rezoning action of October of
1990.
Attachment: November 18, 1991 staff report
PD/#41/TAYLOR
.PLANNING & ZONING BOARD
CITY OF DELRAY BEACH --- S £AFF REPORT
MEETING DATE: November 18, 1991
AGENDA ITEM: III.C.
ITEM: Rezoning from G.C. to A.C.~ O.C. Taylor Dealership on S. Federal Hwy. (Former
GENERAL DATA:
Owner ......................... Arthur J. ?aylo=
Agent ......................... Robert W. Federspiel
Location ...................... On S.E. 5th Avenue, between S.£. 6th Street and S.£. 7th Street.
?roperty Size ................. 1.35 Ac~es
City Land Use Plan ............ General ¢omrnerc£al
City Zoning ................... GC (General Comme~c£al)
A~jacent Zoning ............... North: GC
East: GC
South: GC
West: R-lA (Single Family
Residential)
Existing Land Use ............. Full service autcmotive dealership.
Proposed Land Use ............. Full service automotive dealership.
Water Service ................. Existing 16" water main along the
south side of S.E. 6 Street, a 12"
line along the west side of S.E.
5th Avenue, and a 12' line along
the north side of S.E. 7th Street.
Sewer Service ................. Existing 10" sanitary sewer line
along S.E. 7th Street, and a 8"
line within the alley to the west of III
the subject prc~erty.
P&Z Staff Repo~
O.C. Taylor Jeep Eagle Dealership-Rezoning From GC to AC
Page 2
REQUIREP 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.
Future 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 use of an auto dealership is allowed within the AC
zoning district. The AC (Auto Commercial) zoning
designation is consistent with the General Commercial Land
Use designation.
* The Comprehensive Plan contains specific auto location
policies which summarized state: Auto uses shall not
be permitted in the CBD or area from a block north and
three blocks south of Atlantic Avenue on Federal.
* 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.
It is noted that these policies were to be modified
with the processing of Amendment 91-1J but were
inadvertently removed in their entirety.
Concurrency:
Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a
Certificate of Occupancy. These facilities shall be provided
pursuant to levels of service established within the
Comprehensive Plan. For sewer and water, concurrency shall mean
that direct connection to a functioning municipal system is made.
For streets (traffic), drainage, open space (parks), and solid
waste, concurrency shall be determined by the following:
* The improvement is in place prior to issuance of the
occupancy permit;
P&Z Staff Repo
O.C. Taylor Jeep Eagle Dealership-Rezoning From GC to AC
Page 4
Compatibility with the residential property to the west
is a concern. The existing site conditions provide a
chain link fence with no landscaping along Lots 19-22,
and a dirt and rock landscape strip without sod,
hedging or trees on Lots 23 and 24. On Lots 25 through
27 a solid wall and trees exist. The required hedge
along the east side of the wall has not been provided.
Adjacent property ~compatibility can be enhanced through
application of specific regulations of Section
4.6.16(H)(3)(e) (Perimeter Landscape Requirements).
These regulations apply to the existing zoning
designation as well as the proposed AC designation.
Pursuant to Section 4.4.16(H)(3) (Perimeter
Landscaping) a strip of land at least five (5) feet in
depth is to be located between the off street parking
area or vehicular use area and the right-of-way shall
be landscaped. Within the landscape area a hedge shall
be placed along the interior of the landscape strip and
trees 25' on center pursuant to Section
4.6.16(H)(3)(e).
B) Pursuant to Section 2.4.5(D)(1) a Justification statement
providing the reason for which the change is being sought
must accompany all rezoning requests. The code further
identifies certain valid reasons for approving the change
being sought. These reasons include the following:
* That the zoning had previously been changed, or was
originally established, in error;
* That there has been a change in circumstance which
makes the current zoning inappropriate;
* That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
Pursuant to Section 2.4.5(D)(5) the City Commission is required
to make a finding that the petition will fulfill one of these
reasons. The applicant submitted a justification statement which
states the following reasons for the change being sought:
"The previous zoning of SC (Specialized commercial) allowed
the subject full service automotive dealership and the
applicant feels that the zoning was changed in error.
The requested zoning is of similar intensity as allowed
under the Future Land Use Map and, due to the reasons stated
above, is more appropriate for the property based upon
circumstances particular to the site and/or the
neighborhood.
P&Z Staff Repo.
O.C. Taylor Jeep Eagle Dealership-Rezoning ~'rom GC to AC
Page 6
REVIEW BY OTHERS:
Community Redevelopment Agency:
The development proposal is in a geographic area requiring review
by the CRA (Community Redevelopment Agency). The CRA reviewed
the request at their November 7, 1991 meeting. While the Board
did not have any major problems with the proposal of board
member, Kathi Sumrall, queried that the original Planning and
Zoning rationale when the property was rezoned to GC was the hope
that the operation would be phased out. The attempt to phase the
use out may have been in consideration for the residential uses
to the rear of the property (west border).
Other:
A special notice has been provided to the president of the
Barrton Condominiums. As of this writing there has not been a
response from the Barrton.
ASSESSMENT AND CONCLUSIONS:
The main impact of the rezoning request is to take the auto
dealership use from current nonconforming status and place it
into a conforming status. If the initial placement of GC (General
Commercial) designation on the property in October, 1991 was
intended to make the use nonconforming; thereby, providing the
vehicle to phase it out over time, then approval of the rezoning
request would not be recommended. In reviewing documentation
relating to the adoption of the LDR's, no information to this
effect was found. If phasing out the use was not the intent and
the Board is willing to acknowledge the use as one which is
desired and will be continued on less than 1.5 acres of property
then approval of the rezoning would be appropriate.
In reviewing the site many deficiencies were noted. The
deficiencies along the west property line impact the
compatibility of the use with adjacent properties. While it is
not appropriate to condition a rezoning on the processing of a
site plan modification bringing the site up to code, it might be
appropriate to delay second and final reading until a good faith
effort to upgrade the site is undertaken.
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~UGUST 1S88 CONDITIONAL USE APPROVAL
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ I~ - MEETING OF JANUARY 14, 1992
ORDINANCE NO. 1-92
DATE: January 10, 1992
This is a first reading of an ordinance rezoning and placing land
presently zoned GC (General Commercial) district in AC (Automotive
Commercial) district, said land being located on S.E. 5th Avenue,
between S.E. 6th and 7th Streets (O.C. Taylor).
The O.C. Taylor property proposed for rezoning is a 1.35 acre lot
which was initially zoned SC (Specialized Commercial). In October
1990, during the Citywide rezoning action associated with the
adoption of the Land Development Regulations, this parcel along with
the commercial area from SoE. 3rd Street to S.E. 10th Street (except
the Fronrath Dealership) was rezoned to GC (General Commercial.
The main impact of the proposed rezoning request is to take the auto
dealership use from it's current nonconforming status and place it
into a conforming status. If the initial placement of GC zoning on
the property was intended to make the use nonconforming, thereby
providing the vehicle to phase it out over time, then the rezoning
request should not be approved.
If however, the applicant's argument that a error was made is valid,
consideration must also be given to waiving the minimum depth and lot
size requirements of the LDRs.
The Planning and Zoning Board at their December 16, 1991 meeting
recommended denial of the rezoning request. Additionally, several
neighbors spoke in opposition to the rezoning and five letters of
opposition were received. A detailed staff report is attached as
backup material for this item.
ORDINANCE NO. 1 -92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED GC (GENERAL COMMERCIAL)) DISTRICT IN
AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING
LOTS 19 THROUGH 27, BLOCK 11, OSCEOLA PARK, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 2,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
AND BEING MORE PARTICULARLY DESCRIBED HEREIN; AND
AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA,
1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING
A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the AC
(Automotive Commercial) District, as defined in Chapter Four of the Land
Development Regulations of Delray Beach, Florida, to-wit:
Lots 19 through 27, Block ll, Osceola Park, according
to the Plat thereof recorded in Plat Book 3, Page 2,
of the Public Records of Palm Beach County, Florida,
less right-of-way of State Road No. 5 (U.S. Highway
~1), and less the South 5 feet of Lot 27).
The above described parcel contains 1.35 acres of
land, more or less.
The subject property is located on the S.E. 5th
Avenue, between S.E. 6th Street and $.E. 7th Street,
Delray Beach, Florida.
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 imme-
diately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the __ day of , 1992.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
CITY COMMISSION DOCUMENTATION
TO:~/~D T. HARDEN, CITY MANAGER
THRU: ~--DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM: PA~f~ DORLING, PLANNER II
SUBJECT: MEETING OF JANq~XRY 14, 1992
ORDINANCE REZONING O. C. TAYLOR FROM GC ( GENERAL
COMMERCIAL) TO AC (AUTO COMMERCIAL)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the rezoning ordinance affecting the O.C. Taylor
property by changing designations from GC to AC.
The O.C. Taylor property is comprised of 1.35 acres and is
located on the west side of Federal Highway between S.E.
6th Street and S.E. 7th Street.
BACKGROUND:
For complete background refer to the attached Planning and
Zoning staff report of November 18, 1992.
The property had Specialized Commercial (SC) designation until
October, 1990. In October, 1990 during the Citywide rezoning
action associated with the LDR adoption the zoning for this
parcel along with the commercial area from S.E. 3rd Street to
S.E. 10th Street (except the Fronrath Dealership) was proposed
to be changed from SC to GC (General Commercial). During the
final hearings, and subsequent thereto, the Wallace properties
at S.W. 10th Street were placed in AC designation.
he main impact of the rezoning request is that it will take the
existing auto dealership use from it's current nonconforming
status and place it into a conforming status.
PLANNING AND ZONING BOARD CONSIDERATION:
The item was originally scheduled for action before the Board on
November 18, 1991 at which time the applicant requested a
continuance to the December 18, 1991 meeting. The Planning and
Zoning Board held a public hearing on this item at it's meeting
of December 16, 1991.
City Commission Documentation
Ordinance Rezoning O.C. Taylor from GC (General Commercial)
to AC (Auto Commercial)
Page 2
Several neighbors spoke in opposition and 5 letters of opposition
were received. After a lengthy discussion the Planning and
Zoning Board recommended denial of the rezoning request on a
unanimous (7-0 vote) based on the following:
* A non-compatibility exists with adjacent residential uses.
* The site does not conform to minimal standards for the
establishment and maintenance of an automobile dealership
or. sales facility.
* An error was not made in the rezoning action of October of
1990 in that a conscious decision was made to make this
site nonconforming in an attempt to "phase" this use out
over time.
RECOMMENDED ACTION:
By motion, Denial of this ordinance on First reading based upon
a failure to make positive finding with respect to Section 3.1.1
(Compatibility and LDR compliance) and failure to provide a
valid reason for a rezoning change pursuant to Section 2.4.5.
Attachment:
* P&Z Staff Report
* Approved site plan
PD/#43/0CTAYLOR.DOC
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: Planning and Zoning Board Members
FROM: P~~l~~lanner I I
DATE: December 9, 19~1
RE: REZONING FROM GC TO AC (O.C. TAYLOR)
ITEM BEFORE THE BOARD:
The item before the Board is that of making a r~commendation on
a proposed rezoning from GC (General Commercial) to AC (Auto
Commercial).
The subject property is located on S.E. 6th and 7th Streets. It
contained several dealerships, the latest being the O.C. Taylor
Jeep Eagle Dealership. It is anticipated that Hundi will soon
occupy this facility.
BACKGROUND~
This item was originally scheduled for Board action on November
18, 1991 but a continuance to the December 16, 1991 was
requested by the applicant's attorney.
Since the last meeting (November 18, 1991) additional background
history has been uncovered. The expansion of the use on lots
25-27 (parking area south of existing building) was reviewed and
recommended for approval by the Planning and Zoning Board on
August 18, 1986. The City Commission approved the Conditional
Use and Site Plan Modification on August 22, 1986. The approval
included construction of parking on lots 25-27 and landscape
improvements to the balance of the site.
The improvements to lots 25-27 along with some of the landscape
upgrades to the balance of the site were provided. However, in
reviewing the records a landscape sign-off on the expansion was
not given. Further, though most of the landscape improvements
were initially provided they have been allowed to deteriorate to
their currently unacceptable condition. While compliance with
the previous site plan approval is enforceable via the Code
Enforcement process it would be a good faith gesture, if the
applicant were to provide upgrades with this request.
To: Planning and Zoning Board Members
Re: Rezoning From GC To AC (O.C. Taylor)
December 9, 1991
Page 1.
PROJECT ANALYSIS:
In further discussions with the applicant's attorney he has
contended that an error was made in the rezoning action of
October 1990 which changed the property from SC to GC. Pursuant
to Section 2.4.5 (D) valid reasons for a rezoning include the
following;
That the zoning had previously been changed, or was
originally established, in error;
The property was changed from SC to GC in October, 1990 during
rezoning associated with the adoption of the LDR's. Similar
properties in the area (Dennis Fronrath and Wallace Nissan) were
also slated for similar rezoning action. During final public
hearings attorneys representing Mr. Fronrath and Mr. Wallace
were successful in modifying the rezoning actions to obtain AC
zoning designation for their clients. Although' no specific
discussions are noted in the minutes for this property, given
the similar location it is reasonable to assume that O.C.
Taylor's property was identified as SC zoning which was to be
consciously changed to GC. As the site does not contain the
minimum requirement of 1.5 acres, the change may have been
implemented to make the use nonconforming in a hope to "phase it
out". Given the above, staff believes an error was not made
with the zoning change to GC.
However, the applicant's attorney contends that when a broader
definition of error (to include mistakes,) is utilized the
proposed rezoning meets a valid reason pursuant to Section
2.4.5.(D). The applicant's attorney argues that similar
properties with similar characteristics (i.e., less than 1.5
acres minimum) did receive an AC zoning designation in October,
1990 (Fronrath and Wallace) or after 1990 through corrective
ordinances (Wallace).
ASSESSMENT=
The main impact of the rezoning request is to take the auto
dealership use from it's current nonconforming status and place
it into a conforming status. If the initial placement of GC
(General Commercial) designation on the property in October,
1990 was intended to make the use nonconforming; thereby,
providing the vehicle to phase it out over time, then approval
of the rezoning request is not recommended.
If the applicant's argument that a error was made is valid and a
recommendation of approval is forwarded to City Commission, a
recommendation regarding waivers to the minimum depth (200') and
size (1.5 acres) requirement [Section 4.4.10.(F)(2)] is also
appropriate.
To: Planning and Zoning Board Members
Re: Rezoning From GC To AC (O.C. Taylor)
December 9, 1991
Page 2
ALTERNATIVES:
A. Continue with direction.
B. Recommend denial of the Rezoning request based on
incompatibility with adjacent Land Uses, as well as, a
failure to demonstrate that the proposed zoning change meets
one of the valid reasons pursuant to Section 2.4.5(D)(1) and
a failure to meet minimum LDR compliance with respect to
minimum lot size.
C. Recommend approval of the rezoning request based upon
positive findings with respect to Section 3.3.1 (Required
Finding), 3.3.2 (Performance Standards) and Section
2.4.5(D)(1) (Reasons for Rezoning).
D. Defer action on the request if the applicant proposes
concurrent processing of a Conditional Use request which
would firmly establish the use.
STAFF RECOMMENDATION:
Recommend denial of the rezoning request based upon a failure to
make positive finding with respect to Section 3.1.1
(Compatibility and LDR compliance) and failure to provide a valid
reason pursuant to Section 2.4.5 in that:
a) An incompatibility exists with adjacent residential uses.
b) The site does not conform to minimal standards for the
establishment and maintenance of an automobile dealership or
sales facility.
c) An error was not made in the rezoning action of October of
1990.
Attachment: November 18, 1991 staff report
PD/#41/TAYLOR
.PLANNING & Z NING BOARD
CITY OF DELRAY BEACH --- S fAFF REPORT
MEETING DATE: November 18~ X99~,
AGENDA ITEM: I~I.¢.
ITEM: Rezon~n;~ £rom C.C. to A.C.~ D.C. Tey~or De~lershLp on S. Federa! H~y. (Former AMC~)
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GENERAL DATA:
O~ne~ ......................... A~hu~ ~,
Agent ......................... Robert ~. ~e~e~sp~e~
Location ...................... On S.E. Sth Avenue, between S.E.
6th Street and S.E. 7th Street.
Property Size ................. 1.35 Acres
City Land Use Plan ............ General Co~ercial
City Zoning ................... GC (General Co~ercial)
Adjacent Zoning ............... North: GC
East: GC
South: GC
West: R-lA (Single Family
Residential)
Existing Land Use ............. Full service autcmotive dealership.
Proposed Land Use ............. Full service automotive dealership.
Water Service ................. Existing 16" water main along the
south side of S.E. 6 Street, a 12"
line along the west side of S.E.
5th Avenue, and a 12" line along
the north side of S.E. 7th Street.
Sewer Service ................. Existig~ 10" sanitary sewer line
along S.E. 7th Street, and a 8"
line within the alley to the west of
the subject prc~erty.
P&Z staff Repo~
O.C. Taylor Jeep Eagle Dealership-Rezoning From GC to AC
Page 2
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.
Future 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 use of an auto dealership is allowed within the AC
zoning district. The AC (Auto Commercial) zoning
designation is consistent with the General Commercial Land
Use designation.
* The Comprehensive Plan contains specific auto location
policies which summarized state: Auto uses shall not
be permitted in the CBD or area from a block north and
three blocks south of Atlantic Avenue on Federal.
* 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 ks
currently in an auto related use and which is zoned to
allow such use.
It is noted that these policies were to be modified
with the processing of Amendment 91-1J but were
inadvertently removed in their entirety.
Concurrency:
Facilities which are provided by, or through, the City shall be
provided to 'new development concurrent with issuance of a
Certificate of Occupancy. These facilities shall be provided
pursuant to levels of service established within the
Comprehensive Plan. For sewer and water, concurrency shall mean
that direct connection to a functioning municipal system is made.
For streets (traffic), drainage, open space (parks), and solid
waste, concurrency shall be determined by the following:
* The improvement is in place prior to issuance of the
occupancy permit;
P&Z Staff Repo
O.C. Taylor Jeep Eagle Dealership-Rezoning From GC to AC
Page 4
Compatibility with the residential Property to the west
is a concern. The existing site conditions provide a
chain link fence with no landscaping along Lots 19-22,
and a dirt and rock landscape strip without sod,
hedging or trees on Lots 23 and 24. On Lots 25 through
27 a solid wall and trees exist. The required hedge
along the east side of the wall has not been provided.
Adjacent property compatibility can be enhanced through
application of specific regulations of Section
4.6.16(H)(3)(e) (Perimeter Landscape Requirements).
These regulations apply to the existing zoning
designation as well as the proposed AC designation.
Pursuant to Section 4.4.16(H)(3) (Perimeter
Landscaping) a strip of land at least five (5) feet in
depth is to be located between the off street parking
area or vehicular use area and the right-of-way shall
be landscaped. Within the landscape area a hedge shall
be placed along the interior of the landscape strip and
trees 25' on center pursuant to Section
4.6.16(H)(3)(e).
B) Pursuant to Section 2.4.5(D)(1) a Justification statement
providing the reason for which the change is being sought
must accompany all rezoning requests. The code further
identifies certain valid reasons for approving the change
being sought. These reasons include the following:
* That the zoning had previously been changed, or was
originally established, in error;
* That there has been a change in circumstance which
makes the current zoning inappropriate;
* That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
Pursuant to Section 2.4.5(D)(5) the City Commission is required
to make a finding that the petition will fulfill one of these
reasons. The applicant submitted a Justification statement which
states the following reasons for the change being sought:
"The previous zoning of SC (Specialized Commercial) allowed
the subject full service automotive dealership and the
applicant feels that the zoning was changed in error.
The requested zoning is of~ similar intensity as allowed
under the Future Land Use Map and, due to the reasons stated
above, is more appropriate for the property based upon
circumstances particular to the site and/or the
neighborhood.
P&Z Staff Repo.
O.C. Taylor Jeep Eagle Dealership-Rezoning From GC to AC
Page 6
REVIEW BY OTHERS:
Community Redevelopment Agency:
The development proposal is in a geographic area requiring review
by the CRA (Community Redevelopment Agency). The CRA reviewed
the request at their November 7, 1991 meeting. While the Board
did not have any major problems with the proposal of board
member, Kathi Sumrall, queried that the original Planning and
Zoning rationale when the property was rezoned to GC was the hope
that the operation would be phased out. The attempt to phase the
use out may have been in consideration for the residential uses
to the rear of the property (west border).
Other:
A special notice has been provided to the president of the
Barrton Condominiums. As of this writing there has not been a
response from the Barrton.
ASSESSMENT AND CONCLUSIONS:
The main impact of the rezoning request is to take the auto
dealership use from current nonconforming status and place it
into a conforming status. If the initial placement of GC (General
Commercial) designation on the property in October, 1991 was
intended to make the use nonconforming; thereby, providing the
vehicle to phase it out over time, then approval of the rezoning
request would not be recommended. In reviewing documentation
relating to the adoption of the LDR's, no information to this
effect was found. If phasing out the use was not the intent and
the Board is willing to acknowledge the use as one which is
desired and will be continued on less than 1.§ acres of property
then approval of the rezoning would be'appropriate.
In reviewing the site many deficiencies were noted. The
deficiencies along the west property line impact the
compatibility of the use with adjacent properties. While it is
not appropriate to condition a rezoning on the processing of a
site plan modification bringing the site up to code, it might be
appropriate to delay second and final reading until a good faith
effort to upgrade the site is undertaken.
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~UGUST 1986CONDITIONALUSE APPROVAL