24-92 F A I L E D - 6/23/92
ORDINANCE NO. 24-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL -
MEDIUM DENSITY) DISTRICT IN CF (COMMUNITY FACILITIES)
DISTRICT; SAID LAND BEING LOTS 55 THROUGH 58, BLOCK
32, DEL-RATON PARK, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 14, PAGE 10 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA; 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 CF
(Community Facilities) District, as defined in Chapter Four of the Land
Development Regulations of Delray Beach, Florida, to-wit:
Lots 55 through 58, Block 32, Del-Raton Park,
according to the Plat thereof recorded in Plat Book
14, Page 10 of the Public Records of Palm Beach
Coaunty, Florida.
The above described parcel contains 0.284 acres of
land, more or less.
The subject property is located on the south side of
Avenue L, between Federal Highway and Florida
Boulevard, 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conflict herewith be, and the same are hereby repealed.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
F A I L g ~ - 6/23/9Z~
IRIS
LINDELL AVENUE L
TROPIC ISLE DRIVE
DELRAY ISUZU
REZONING ANO
CONDITIONAL USE
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
DATE: June 19, 1992
This is a first reading of an ordinance rezoning and placing land
presently zoned RM (Multiple Family Residential - Medium Density)
district in CF (Community Facilities) district; said land being
located on the south side of Avenue L, between Federal Highway and
Florida Boulevard.
The rezoning request involves approximately .284 acres (Lots 55-58).
The property is approximately 100 feet by 125 feet and located
immediately east of the existing Isuzu dealership on Federal
Highway. The development proposal is to establish a privately
operated 23 space parking lot. The facility will be connected with
the Isuzu Dealership to the west and will be utilized by the
dealership for vehicle storage. A 10 foot perimeter landscape strip
is provided along the east, south and north property lines and a six
foot high wall is proposed along the south and east property line.
The Planning and Zoning Board at their June 15th meeting commented
that the utilization of the CF zoning designation for a privately
operated parking lot did not appear to be the appropriate process to
accommodate expansion of the dealership. It was further noted that
the proposed expansion was in conflict with the "Automobile Policy"
contained in the Comprehensive Plan. The Board recommended denial of
the rezoning by a 4-0 vote. A detailed staff report is attached as
backup material for this item.
Recommend consideration of Ordinance No. 24-92.
ORDINANCE NO. 24-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL -
MEDIUM DENSITY) DISTRICT IN CF (COMMUNITY FACILITIES)
DISTRICT; SAID LAND BEING LOTS 55 THROUGH 58, BLOCK
32, DEL-RATON PARK, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 14, PAGE 10 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA; 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 CF
(Community Facilities) District, as defined in Chapter Four of the Land
Development Regulations of Delray Beach, Florida, to-wit:
Lots 55 through 58, Block 32, Del-Raton Park,
according to the Plat thereof recorded in Pl~t Book
14, Page 10 of the Public Records of Palm Beach
Coaunty, Florida.
The above described parcel contains 0.284 acres of
land, more or less.
The subject property is located on the south side of
Avenue L, between Federal Highway and Florida
Boulevard, 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
LINDELL AVENUE L
TROPIC ISLE DRIVE
DELRAY ISUZU
REZONING AND
CONDITIONAL USE
CITY COMMISSION DOCUMENTATION
TO: ~ T. HARDEN, CITY MANAGER
THRU: DAVTD J. KOVACS, DIRECTOR
D~~MENT~OF PL_ANNING AND ZONING
FROM: PAUL DORLING, ~ANNER II
SUBJECT: MEETING OF JUNE 23, 1992
ORDINANCE REZONING .284 ACRES IMMEDIATELY EAST OF THE
DELRAY IZUZU SITE AT FEDERAL HIGHWAY AND AVENUE "L"
FROM RM TO CF (COMMUNITY FACILITIES) AND APPROVAL OF AN
ATTENDANT CONDITIONAL USE REQUEST TO ESTABLISH A
"PRIVATELY OPERATED PARKING LOT".
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of
an ordinance rezoning .284 acres (Lots 55-58) located
immediately east of Delray Izuzu Auto dealership from RM
(Multi-family Residential) to CF (Community Facility).
If approved at first reading, you will also have
consideration of a Conditional Use request to establish a
"privately operated parking lot" on Lots 55-58 concurrent
with second reading.
BACKGROUND:
The proposal to rezone from RM (Multi-family residential) to CF
(Community Facilities) is to accommodate attendant parking for
the existing Delray Izuzu dealership. The CF zoning district
allows via conditional use approval the establishment of
"privately operated parking lots". The attendant conditional use
request is to construct a 23 space parking lot along with
associated landscaping on lots 55-58. Please refer to the
Planning and Zoning Staff Report for discussion and analysis of
issues pertaining to Comprehensive Plan compliance and
appropriateness of using the CF zoning designation.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of June 15, 1992. Members of the Board commented that
the utilization of the CF zoning designation and Conditional Use
request for a "privately operated parking lot" did not appear to
be the appropriate process to accommodate expansion of the Delray
City Commission Documentation
Delay Izuzu Dealership
Page 2
Izuzu Dealership. It was further noted that the proposed
expansion was in conflict with the "Automobile Policy" (Land Use
Element Policy A-2.4) which prohibited existing dealerships from
expanding south of N.E. 6th~Street except onto property currently
in auto related use. The Board recommended denial of the
rezoning and Conditional Use request on a 4 to 0 vote (Currie
stepped down). The rezoning denial was based upon the following
rational:
* failure to meet at least one of the valid reasons listed
under Section 2.4.5(D)(5); and that the rezoning would allow
further encroachment of commercial uses (dealership) into
residential areas and therefore have a negative impact upon
development of adjacent property.
RECOMMENDED ACTION:
By motion, deny the rezoning from RM to CF for Lots 55-58, Block
32 of Del Raton Park based upon the findings as made by the
Planning and Zoning Board.
Attachment:
* P&Z Staff Report of June 15, 1992
PD/CCIZUZU.DOC
P[.ANNING & ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT---
MEETING DATE: June 15, 1992
AGENDA ITEM: [TI,B. & C,
ITEM: Rezoning & Conditional Use for Lots 55 thru 58, Block 32, Del-Raton Park ,(Izuzu)
GENERAL DATA:
Owner ......................... Ira Lang and
Harold Schlanger
Agent ......................... Robert G. Currle
Currie Schneider Associates, AIA
Location ...................... On the south mide of Avenue "L",
East of Federal Highway.
Property Size ................. 0.284 acre~
City Land Use Plan ............ Medium Density {5-]2 du/acre}
City Zoning ................... ~M {Medium Density Residential)
Proposed Zoning ............... CF (Co~unlty Faclllties)
Adjacent Zoning ......... North: PC {Planned Co~ercial)
East: ~M
South: ~M
West: AC {Automotive Co~ercial)
Existing Land Use ............. Vacant
Proposed Land Use ............. "Privately operated parking lot" to
serve as accessory parking for
existing auto dealership.
Water Service ................. Existing 8" water main along
Federal Highway, and existing ~0"
main ~outh of ~outh property line.
Sewer Service ................. Existing 8" sanitary sewer line in [[~.B. ,i
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation
on the following items:
Request to rezone Lots 55-58, Block 32, of the Del Raton
Park Plat from RM (Residential Medium) to CF (Conununity
Facility).
Request for Conditional Use approval to establish a
"privately operated parking lot" in the proposed CF zone
district.
The subject property is located on the south side of Avenue L
(Lindell Boulevard) just east of Federal Highway.
BACKGROUND:
At the Planning and Zoning Board Workshop of February 28,~84'~a
proposal was presented to the Board to establish an Auto
dealership on Lots 40-50 of the Del Raton Park Plat. At the
Planning and Zoning Board Workshop of May 31, 1984
Plan Amendment prop6sal from MF (Multifamily) ~0_~C
on 'Lots 45-50, and .a.n~._e.~t~o~n...~a.n~.d~,..lnl~~ilz~2~.~.f~-7"S
(Specialized Commercial)' ~o~ 'bots 40-50 '~S'~--d~scus~e~7'' The
Board again considered the request at its workshop of June 28%
~ '
1984 except the rezoning request was changed from
(Specialized Commercial)to. SAD ( Special Activity' District)..
At the Boards regular me,ting of July 16, 1984 the Planning and
Zoning Board recommended denial{ of the annexation, rezoning,
Conditional Use and site plan request on a 4 to 2 vote. This
recommendation of denial was based on the following concerns:
* the sit~ ~as t6o'small';
, alternative off-site storage proposal was not acceptable;
* inconsistent with Land Use plan.
On August 14, 1984 the City Commission considered the petitions
as discussion items and additional area (Lots 51-54~ was added
to the petition at that time. On October 9, 1984 the C!t¥
Commission approved the AJ%nexation (Ordinance .No. 82-84),
rezontng to SAD (Ordinance ~No. 83-84), Conditl6n~".Us~ and Site
Plan on first reading on a 5-0 vote. The City Commission
approved the requests on second reading on No{~mber i3, 1984 on
a 5-0 vote.
On February 10, 1986 the Planning and Zoning Board recommended
approval of a boundary plat for Delray Izuzu Dealership. The
City Commission approved the final plat on the consent agenda on
April 8,' 1986~ The dealership has been constructed and in
reviewing the file it is noted the boundary plat has not bee~
recorded. As the plat 'dedicated right-of-way for Federal
Highway we now have a condition in which part of Federal Highway
appears to be on private property. The applicant has been
contacted in an attempt t'o have the plat recorded~but with
success.
P&Z Staff Report
Rezonlng & Conditional Use for Lots 55 thru 58, Block 32, Del-Raton
Park (Izuzu)
Page 2
On September 25, 1990 the existing Izuzu Dealership was rezoned
from SAD to AC with the City wide rezonings associated with the
adoption of the LDR's.
With respect . tO ~te~-5~5~ they ~re' ~aca,~ and ,~o'-la"d !i us~
history is notedJ ~he dealership hms changed ownership and th6
new owners who have purchased Lots 55-58 are seeking a zoning
change and Conditional Use to accommodate expansion of the
dealership.
PROJECT DESCRIPTION:
The rezoning request involves approxi_matel.~f,.~.D~.~.7~9's (Lots
55-58). The property is approximately~!~6y~,.~§%-a~d located
immediately east of the existing Izuzu dealership. The rezontng
request is accompanied by a...Conditional .Use ~,r~que. st~...~o..e.,.~tablish
a "privately oper~t%d parking lot" with 23 ~parkin~ spaces. The
facility will be ~"=ec~e~W~t~the Izuzu De
and will b ~ til ~9~~ dealership
~-10~ perimeter ~lands,cape~p.._~s provided along the east, south
and north property..lines and.a
the south and east property l~n6.~"~
ZONING AND CONDITIONAL USE ANALYSIS:
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
This may be achieved through information on the
application, the staff report, or minutes. Findings shall
be made by the body which has the authority to approve or
deny the development application. These findings relate to
the following four areas.
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 requested zoning change is from RM (Residential Medium)
to CF (Community Facility). The property has Medium
Density (5-12 units to the acre) Residential land use
designations. The allowable zoning designations which are
deemed consistent with the Medium density Land Use
designation are:
- RM Medium Density Residential (existing zoning);
- CF Community Facility (proposed zoning);
- R-1 Single Family Residential;
- RL Residential Low Density;
- PRD Planned Residential Development.
P&Z Staff Report
Rezoning & Conditional Use for Lots 55 thru 58, Block 32, Del-Raton
Park (Izuzu)
Page 3
Pursuant to the purpose statement for CF zoning [Section
4.4.21(A)], the district is deemed compatible with all land
use designations shown on the Future Land Use Map. The
purposed statement further states that CF zoning is a
special purpose zone district primarily intended for
facilities which serve public and semi public purposes.
Pursuant to Section 4.4.21(B)(2), within the CF zone
district, privately operated parking lots are allowed as a
Conditional Use. The accompanying development request
(Conditional Use) seeks approval of a "privately operated
parking lot". If the zoning change is not granted, the
requested use would not be allowed and the request shall
become moot. If the rezoning is approved, a further
question arises as to the appropriateness of the proposed
use within the context of the CF (Community Facility) zone
district.
The proposed use of a "privately operated parking lot" is
allowed within the CF zoning designation. However, parking
· associated with most commercial uses are not considered
separate parking lots but a part of the overall commercial
development. Therefore, the request before you may more
appropriately be classified as a expansion of an existing
auto dealership.
Auto dealerships are not an allowed use under the current
RM or proposed CF zoning districts.
Concurrency: Facilities which are provided by, or through, the
City shall be provided to new development concurrent with the
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within the
Comprehensive Plan.
The proposed CF zoning and proposed parking lot will not
have an impact on the level of service standards with
respect to water, sewer, parks and open space, and solid
waste. The following areas are highlighted at this time:
Streets and Traffic:
Pursuant to Section 2.4.5(D) with all rezoning requests, traffic
information is required which addresses the development of the
property under reasonable intensity pursuant to the existing and
proposed zoning.
The applicant has been granted a waiver from Section
2.4.5.(D) by the Planning Director via authority granted
per LDR Section 2.1.1(B)(a). Further, pursuant to the
County Traffic Performance Ordinance no additional traffic
volumes are generated by adding site area, but only through
the addition of building square footage.
P&Z Staff Report
Rezoning & Conditional Use for Lots 55 thru 58, Block 32, Del-Raton
Park (Izuzu)
Page 4
Drainage:
The method in which drainage for the new lot is not indicated.
Given the limited swale areas exfiltration trenches may be
required. The balance of the dealership utilizes exflltratlon
trenches.
Consistency: Compliance with the performance standards set
forth in Section 3.3.2 (Standards for Rezoning Actions),
required findings in Section 2.4.5(D)(5) (Rezoning Findings) and
Section 2.4.5.(E)(5) (Conditional Use Findings) shall be the
basis upon which a finding of overall consistency is to be made.
Other objectives and policies found in the adopted Comprehensive
Plan may be used in the making of a finding of overall
consistency.
A review of objectives and policies of the adopted Comprehensive
Plan was conducted and the following objectives or policies are
applicable:
Automobile 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 suit the communities 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.
* Auto dealerships may locate and/or expand west of Federal
Highway, i.e. 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 dealership~
e~pand 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 which is zoned to allow such use.
* 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."
P&Z Staff Report
Rezoning & Conditional Use for Lots 55 thru 58, Block 32, Del-Raton
Park (Izuzu)
Page 5
While the policy stated above is not in the current printing of
the Comprehensive Plan it is nevertheless in effect given the
following history. The automobile dealership policy was
contained as Policy A-2.4 of the Land Use Element. It was used
in the application of the AC zone designation in October, 1990,
and thus is reflected on the Official Zoning Map. When
preparing Plan Amendment 91-1, many of the policies which were
implemented through adoption of the LDR's or the Official Zoning
Map were deleted from the Comprehensive Plan text i.e. they have
been achieved. When the "final" document was prepared for
printing, Policy A-2.4 was deleted. Upon checking the record,
we have determined that the deletion was inadvertent. (See
attached letter from Stan Weedon.) It would have been more
appropriate to have retained A-2.4 as a "maintenance" policy
given its locatlonal criteria rather than to have deleted it.
In order to clearly resolve the situation, we have proceeded to
formally reestablish Policy A-2.4 as part of Plan Amendment
92-1. The Planning and Zoning Board recommended approval of
Amendment 92-1 at their meeting of March 26, 1992. The City
Commission held a transmittal hearing on April 14, 1992 and the
document was transmitted to DCA on April 16, 1992 for their 90
day review pericd. The anticipated adoption date is August,
1992.
The proposed expansion is in direct violation of the above
Comprehensive Policy which specifically deals with this type of
use.
Section 3.3.2 (Standards for Rezoning Actions): The applicable
performance standards of Section 3.3.2 and other policies which
apply are as follows:
A) That rezoning to other than CF within stable residential
areas shall be denied. (Housing Element A-2.4)
This standard does not apply as the area is not within a
stable residential area. Pursuant to the Housing Element,
the residential areas to the east and south are not
included in any specific designated areas (stable,
revitalization etc.) while the areas to the north and west
are non-residential areas. Further, if the neighborhood
was listed as stable the zoning change to CF would be
consistent with this standard.
D) That the rezoning shall result in allowing land uses which
are deemed compatible with adjacent and nearby land uses
both existing and proposed; or that if an incompatibility
may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
P&Z Staff Report
Rezoning & Conditional Use for Lots 55 thru 58, Block 32, Del-Raton
Park (Izuzu)
Page 6
The subject property is currently zoned RM (Residential
Multifamily). To the north is property zoned PC (Planned
Commercial), to the west is AC (Auto Commercial), to the
east and south is RM (Residential Multifamily). The
surrounding land uses are Delray Shopping Plaza to the
north, the Izuzu dealership to the west, vacant property to
the east, and the Pelican Harbor North residential
development to the south (see attached location map).
Compatibility concerns are noted with the parking lot (auto
dealership) expansion into the residential neighborhoods to
the south and east. This proposal while masked as a buffer
area under the CF zoning district is actually an
encroachment of an auto commercial use.
However, to some extent the restriction of the property to
parking only will minimize the potential impact of the
dealership expansion. The proposed parking lot parcels
will abut a residential parking lot to the south and have
a 6' wall and 10' landscape strip abutting the vacant
residential parcels to the east.
Required Rezoning findings under Section 2.4.5(D)(5) are
discussed under the "Compliance with LDR's" section of the staff
report and the negative aspects of approval are noted.
Conditional Use Findings:
Section 2.4.5(E)(5) (Standards for Conditional Use Actions):
Pursuant to Section 2.4.5(E)(5) (Findings) in addition to
provisions of Section 3.1.1, the City Commission must make
findings that establishing the Conditional Use will not:
A. Have a significantly detrimental effect upon the
stability of the neighborhood within which it will be
located; and
B. Nor that it will hinder development or redevelopment
of nearby properties.
This site is bordered by PC (Planned Commercial) to the north RM
(Residential Medium) to the south and east, and AC (Automobile
Commercial) to the west. The land use to the north is the South
Delray Shopping Center, to the south is the Pelican Harbor North
residential development, to the east are vacant residential lots
and to the west is the Izuzu Dealership.
A detrimental effect upon the stability of the neighborhood may
be experienced via the expansion of the dealership to the east
into the residential neighborhood. Further, the Comprehensive
Plan and the LDR requirements are geared to "force out" those
auto operations which are of insufficient size similar to
phasing out of non-conforming uses.
P&Z Staff Report
Rezonlng & Conditional Use for Lots 55 thru 58, Block 32, Del-Raton
Park (Izuzu)
Page 7
However, it is noted that the commercial uses north of the site
(Delray South Shopping Center) currently encroaches 250' east of
the eastern property line of this request. Further, the site
will be limited to parking only under the Conditional Use
approval thereby minimizing the impact of the dealership
expansion.
The encroachment of the auto commercial use to the east may
hinder development of the residential lots immediately to the
east of the site. The balance of the property adjacent the site
Is built out.
LDR COMPLIANCE:
Section 2.4.5(D)(5) (Rezoninq Findings):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to
provisions of Section 3.1.1, the City Commission must make a
finding that the rezonlng fulfills one of the reasons for which
the rezoning change is being sought. These reasons include the
following:
a. That the zoning had previously been changed, or was
originally established, in error;
b. That there has been a change in circumstances which
make the current zoning inappropriate;
c. That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
The applicant has provided the following reason for the zoning
change request:
"The existing Delray Izuzu site consists of 0.986 acres of
land which is below the minimum 1.50 acres required In the
Automobile Commercial zoning classification. The owner of
the dealership owns the next lots to the east which are
approximately .284 acres. His request is to rezone these
lots in order that the overall site area is more in
conformance with the minimum lot size required by the
codes. In doing this, the dealership will be able to
provide for vehicle off-loading on-site as opposed to the
current system where it is done in the right-of-way."
"We believe that this rezoning is consistent with the
intent of the code in which the minimum desired size of a
car dealership lot was to be 1.50 acres. By allowing this
rezoning, we would be closer in compliance with this intent
plus would be removing the potential danger of the vehicle
off-loading from the street.
P&Z Staff Report
Rezoning & Conditional Use for Lots 55 thru 58, Block 32, Del-Raton
Park (Izuzu)
Page 8
Finally the reason we have requested that the new site be
rezoned to Community Facility is that this zoning
classification is compatible with all zoning
classifications (Land Use Classifications) and that the
City will have the security that nothing other than a
parking area is provided."
As a point of clarification the new on-site loading area will
be provided on the existing Izuzu site not on the proposed
expansion area.
The above statement would most closely represent reason "C",
similar intensity as allowed under the Future Land Use Map and
more appropriate for the property based upon circumstances
particular to the site and/or neighborhood.
The proposed zoning designation change would allow uses which
are intended to serve public and semi-public purposes. Such
purposes include government uses, churches, educational,
service, and institutional. While these uses may be considered
similar in intensity, expansion of commercial uses i.e.
Automobile Commercial is not. Further, the applicant has not
provided a valid argument that the CF designation is more
appropriate than the RM designation the property currently
contains.
In the Justification argument for the rezoning, the applicant
refers to an expansion of the adjacent dealership and provision
of a vehicle off loading area on site. While the elimination of
off loading within the right-of-way is a declared benefit it is
noted the current off loading situation is a violation and is
not allowed. Therefore, regardless of whether approval of this
proposal is granted off-loading must be accon~nodated on site.
The current proposal provides the designated loading on the
existing site therefore the off-loading could have been
accommodated all along with a reduction of intensity i.e. less
vehicle storage area.
The proposed use of a "privately operated parking lot" is
allowed within the CF zoning designation. However, the use is
more appropriately called an expansion of the existing auto
dealership and therefore is not in compliance with the Land
Development Regulations (see discussions under Future Land Use
Map).
If the use was accommodated and is approved under the proposed
CF zoning designation several technical deficiencies are noted.
These include:
A. Pursuant to Section 4.6.16(H)(3)(g) no less than 10% of
total paved area shall be devoted to interior landscaping.
With a total paved area of 8,486.04' a minimum of 849
sq.ft, is required while only 733 sq.ft, has been provided.
Additional landscaping can be achieved by reducing travel
lanes to 24' and installing a 4' landscape island south of
5 ~en%e~ parkinq spa~es,
P&Z Staff Report
Rezoning & Conditional Use for Lots 55 thru 58, Block 32, Del-Raton
Park (Izuzu)
Page 9
Provision of the additional landscape area will provide
compliance with Section 4.6.16(H)(3)(m) (Delineate and
Guide Internal Traffic) and concerns noted by the City
Traffic Engineer.
B. Pursuant to Section 4.6.16(H)(3)(m) interior landscaping in
both parking area and other vehicular use areas shall,
insofar as possible, be used to delineate a guide major
cross space driving where ever possible. The existing
landscape islands along the west property line of the new
lot must be modified to correspond with the length of
adjacent parking spaces as well as the proposed traffic
lanes within the parking area.
REVIEW BY OTHERS:
The rezoning is not in a geographic area requiring review by
either the HPB (Historic Preservation Board), DbA (Downtown
Development Authority) or the CRA (Community Redevelopment
Agency ) .
If the rezoning and the associated Conditional Use requests are
approved a site plan must be submitted for review by the Site
Plan Review and Appearance Board.
N. eighborhood Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. A courtesy notice has
been sent to several interested parties from the adjacent Tropic
Bay, Tropic Isles, Tropic Harbor and Pelican Harbor
developments.
Other:
Two letters of opposition have been recieved and are attached
for your information.
ASSESSMENT AND CONCLUSIONS:
The accommodation of an expansion of an auto use
designation and "privately'owned parkf'ng lot'~ 'Co~dit~onal:,~se
request is a "stretch" of the LDR's. While some benefits are
claimed i.e. loading, these can already be accommodated on the
existing site.
It is staff's position that processing- of ~ an auto. dealership
expansion in the above manner' i~"-~appr6pri~te. ~-.rth~r, an
expansion of the existing Automobile commercial use is not
allowed in either the current or proposed zoning designation.
The appropriate process to accommodate a dealership expansion
would be to seek a land use change from Residential Medium
Density to Commercial and seek a rezoning change from RM
Multiple Family Residential to Automobile Commercial.
P&Z Staff Report
Rezoning & Conditional Use for Lots 55 thru 58, Block 32, Del-Raton
Park (Izuzu)
Page 10
However, even if processed in this manner the expansion of the
dealership is in direct conflict with the automobile policy~
,which prohibits existing dealerships from expandi~g'~outh~'of
N.E ~ 6th street except :'onto property ~ ...... ' ~
. * ~ ~curre~tly 1. au~o..'f~fa~ed
use. This policy was in part specifically created to regulate
and prohibit the expansion of auto dealerships in the South
Federal Highway area from further encroachment into the
surrounding residential areas.
ALTERNATIVE COURSES OF ACTIONS:
A. Continue with direction.
B. Recommend denial of the rezoning petition, and
defer action on the Conditional Use pending outcome of the
rezoning action by the City Commission. Per normal
scheduling the enacting ordinance would have first reading
on June 23, and if approved then, would be considered for
adoption on July 8th. This Board could act on the
Conditional Use request at its meeting of July 20th.
C. Recommend approval of both the rezoning request and
Conditional Use request based upon positive findings with
respect Section 3.1.1, Section 3.3.2 (Rezoning
Findings), Section 2.4.5 (D)(5) (Conditional Use Finding)
and policies of the Comprehensive Plan.
D. Recommend denial of the Rezoning and Conditional Use
request based upon a failure to make positive findings.
STAFF RECOMMENDATION:
By separate motions;
Recommend denial of the rezontng request based upon a failure to
make a positive finding with respect to the following;
Section 3.1.1 (LDR Compliance) in that the rezoning falls
to fulfill at least one of the reasons listed under Section
2.4.5 (D)(5) and
Section 3.3.2 (Consistency) in that the proposed use will
have a negative impact upon the development of adjacent
property
Recommend denial of the Conditional Use request for a "privately
operated parking lot" based upon failure to make a positive
finding with respect to the following;
Section 3.1.1 (Use Allowed) in that the use is an expansion
of an auto dealership and is not allowed within the CF or
RM zoning districts.
Section 3.1.1 (Consistency) in that the proposed use is in
direct conflict with the Comprehensive Plan Automobile
Policy A-2.4.
PD/IZUZU1.DOC
DELRA Y
SOUl~l DELRA Y CONDO
SHOPPING CENTER
L >-
tdOBIL
SERVICE
S TA TION
LINDELL
AVENUE L
PELICAN $oun~c~r~
HA RBOR PEL ICA N
~ SHOPPE$
TROPIC ISLE DRIVE
DELRAY ISUZU
REZONING AND
CONDITIONAL USE
PLANNING AND ZONING DEPARTMENT MEMOKANDUM
TO: PAUL DORLING
PLANNER II
FROM: J STANLEY W EEDON
PLANNER III
RE: AUTO USE POLICY
DATE: JUNE 10, 1992
The following auto use policy was contained in the Comprehensive
Plan, Future.Land Use Element, upon adoption of the Plan on November
28, 1989.
Policy A-2.¢: 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 suit 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, ie, 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.£. 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 a auto related use and which is zoned to
allow such use.
* 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. [LDR's Section 4.4.10]
?aul Dorling
AUtO Use Policy
Page 2
This policy was inadvertently deleted via Amendment 91-1 adopted by
the City on October 8, 1991. Policy A-2.4 was included in a list of
policies which were deleted because they had been accomplished by
adoption of the City's new Land Development Regulations and zoning
map.
While portions of the'policy could be deleted based upon inclusion
of the LDR's and appropriate application of zoning districts on the
zoning map, the policy should be retained in the Comprehensive Plan.
The policy is reestablished via Amendment 92-1 in its entirety as a
maintenance policy, reference to LDR's Section 4.4.10.
Amendment 92-1 has been submitted to the State for the required 90
day review (April 16, 1992). Adoption of Amendment 92-1 is
anticipated to occur in August, 1992.
SW/#1/DORLING
IJl. I=_
CIIIC ASSOCIATION
DATE: JUNE 11, 1992
TO: David Kovacs
Department of Planning & Zoning
FROM: Debra Roberts Weaver, President
Tropic Isle Civic Association
SUBJECT: Isuzu Dealership Expansion
Rezoning & Conditional Use
In regards to the above mentioned subject we would like to
strongly object to any expansion being approved for the Isuzu
Dealership. It is our feeling that this expansion goes
against the Comprehensive Plan in regards to any further
expansion East of Federal Highway.
In past years many man hours were spent by citizens of this
community in planning and adopting policy for our city in
reference to the many dealerships in our area. We are a
residential community and do not wish to be further infiltrated
by any expansion of any car dealership in our neighborhood.
The area in which they operate is under an acre and the
proposed expansion still does not bring them up to minimum.
With the Comprehensive Plan allowing areas in our city for
businesses of this nature to operate it seems that any further
expansion on the part of Delray Isuzu should take place
where there is adequate space for planning for their current
and future needs such as parking area for inventory and
offloading of vehicles.
Sincerely,
ueDra ~oDerts weaver, Fresldent
TROPIC ISLE CIVIC ASSOCIATION
CC: City Commissioners
Planning & Zoning Board members
P.O. BOX 2473 DELRAY BEACH. FLORIDA 33447-2473
PELICAN HARBOR_ ~. MEOWNERS ASSOCIATION
475 Pelican Way
Delray Beach, Florida 33483
(407) 272-1910
March 31, 1998
Mr. David J. ~.::ovacs: Director
Department of Planning and Zoning
City of Delray Beach
100 N.W, 1st Ave.
Delray Beach~ Fl. 33AAA
/
Re. Mitsubishi Dealership and Izuzu Dealership
Dear Mr. Kovacs:
At the regulaK monthly meeting of the F'eli~n HarhK, r
Homeowners Association on March 1~ l~q~ your l~tter c,f
above subject was discussed.
The Board was of th~ unanimo~s position that I ~ho~ld
to you communicating our objection to any 'further
penetration by Commercial activity into o,_~r residential
community.
We fe~l that any ~uch ~ctivity ~ic, uld not only b~ an
but would n~gatively af'f'ect the prc, peK~y valu~ acquI~-~ by
our residents ~hen they becam~ homec,~ners in Pelican
Most of our community wer~ th~ recipient~ of approximahely
thiry-five percent increase i~l their t~xe~ thi~ year
as we weKe told, ~ are a delightful reside~'lbi~l
To now provide commercial penetration into ~hi~ area ~vould
a complet~ about face of the re~c,n for ~hich our ~a~:~ ~.~a
raised and~ I am sure, raise some questions about
integrity of such a decision.
We~ in Pelican Harbor~ will strongly r~sist any attempt
change the Comprehensive Plan of Nc, vember~ 1~8~ for
benefit of commercial activity.
cci ~i~ne Oo~ingue~ Pla~ner
Jean ~eer~ Tropic I~le~.
Condom/n/urn Assoe ffo Inc.
June 11, 1992
City of Delray Beach
]00 N.W. 1st Avenue
Delray Beach, Fl. 33444
Attn: Alison MacGregor Harry
Oity Clerk
The Board of Directors, representing owners of Tropic View
Condominiums, strongly oppose the rezoning of:
Lots 55 thru 58, inclusive, Block 32, Del Raton Park,
Palm Beach County, Florida, according to the Pla= thereof
recorded in Plat Book I4, Page I0 of the Public R~ords
of Palm Beach County, Florida.
This rezoning will definitely affect our property value and
create more traffic in a residential area. All of Federal
Highway is zoned for commercial use, which should be enough
without coming east in residential areas.
We would like to go on record as being in extreme opposition
to this rezoning.
Respectfully,
The Board of Directors
Tropic View Condominium Association, Inc.
rc
3118 FLORIDA BLVD., DELRAY BEACH, FLORIDA 33483
r