55-91 ORDINANCE NO. 55-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS",
SECTION 4.4.10, "AUTOMOTIVE COMMERCIAL (AC) DISTRICT",
SUBSECTION 4.4.10(D), "CONDITIONAL USES AND STRUCTURES
ALLOWED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
ADDING A NEW SUB-SUBSECTION 4.4.10(D) (8) TO PROVIDE FOR
COMMERCIAL PARKING LOTS AS A CONDITIONAL USE; PROVIDING A
SAVING CLAUSE; PROVIDING A GENERAL REPEALER 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 Chapter 4, "Zoning Regulations", Article 4.4,
"Base Zoning District", Section 4.4.10, "Automotive Commercial (AC)
District", Subsection 4.4.10(D), "Conditional Uses and Structures
Allowed", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended by enacting a new
sub-subsection 4.4.10(D) (8) to read as follows:
(8) Commercial parking lots, so long as such lots are
secondary to an existing legal conforming use, and such
lots are developed and maintained in accordance with Sec.
4.6.9 of the City's Land Development Regulations
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith be and the same are hereby repealed.
Section 4. That this ordinance shall become effective ten (10)
days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the ~ day of September , 1991.
ATTEST:
'
First Reading August 27, 1991
Second Reading September 10, 1991
A PUBLIC HEARING will ~ held on
· e ~ll~ing pm~sed Ord;na~e(s) at
7:~ P,M., (~ at any continuation
s~ch ~ti~ which is set by the Coffi-
mi~), on ~ t0~ t~% in
· e City C~mission ChamPs,
N.W. 1st Aven~, Oeiray Beach, at
BOCA RATON N~WS whit, ,i~e ,~ C,,y co~issi~
c~i~ t~ir a~tion ~nto law. T~
~ ordinate(s) may ~ i~t-
DELRAY B~ACH NEWS ~,t~ ~i,e ~ the City Oerk at ,~e
Hall, ~ N.W. ~st Avenue, 0elray
8~ch, Fl~i~, from 8:~ A.M t0
~tidays. All interest~ parties ere im
Published Daily
Monday ~h'ru Sunday ~,ss~0~ 0~ ~ ow 0~
Boca Raton, Palm Beach County, Florida CHAPTER ,,'ZONING REGgLA-
Delray Beach Palm Beach County. Florida 'AUTOMOTJV~ COMMERCIAL
DEVELOPMENT REGgDATJONS
~ OF ~O~I~ THE CODE OR ORDINANCES OF
FLORIDA, BY AOOING A NEW
~OU~ O~ ~LM ~C~ SUB-SUBSECTiON 4.4J0[D)(8) TO
,.OW~E ~OR CO~a~
Before the undersigned authority personally PARKING LOTS AS A CONDITIONAL
appeared NANCY WATT who on oath says that she REPEALER CLAUSE; PROVIOIN6
iS the Classified Advertising Mans.~er of the Boca ANEFFECTWEDME.
Raton News and the gelray Beach News. daily
newspapers pub]ished at Boca Raton in Palm ~, ORDINANCE OF THE CITY CO~
MISSION OF THE CiTY OF DELRAY
Beaoh County. Florida; that the attached copy of BEACH. FLORIDA. REZON)NG AND
advertisement was p~bHshed in said newspapers ZO,EO PC (PLANNED COMMEr-
CiAL) DISTRICT iN P~
in the issues o[: (PROFESSIONAL AND OFFICE DI~
· , ,1991
Affian~ further says ~ha~ the s~td Boca R~t, on
~ews ~nd Delray Be~ch News are newspapers pub-
ltshed ~ Boca Ea~on, In said Palm Beach County,
Florida, Monday ~hrough Sunday, and h~ve been
entered as second class ma~er ~ ~he pos~ o[fJce hi I ~.~ ~ N~Y ~,
Boca Eaton, Palm Be~ch County, ~lorida, for a pc- ~ ~ ;,~* ~,
riod of one year next preoedi.g the first publica-
tion of the attached copy of advertisement; and
affiant further says that she has neither paid nor
promised any person, firm or eo~poration any dis-
count, rebate, commission or refund for the pur-
pose of securing this advertisement for publication
in said newspapers.
Sworn to and subscribed before ~ne this
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM ~ ~O~ - MEETING OF SEPTEMBER l0t 1991
ORDINANCE NO. 55-91
DATE: September 6, 1991
This is a second reading of an Ordinance amending the Land Development
Regulations to provide for commercial parking lots as a conditional
use in the AC (Automotive Commercial) zone district. Direction
received at your August 13th meeting has been incorporated into this
ordinance.
The Planning and Zoning Board at their August 19th meeting recommended
denial of this ordinance by a 4 to 2 vote. The Community
Redevelopment Agency at their August 15th meeting recommended approval
of the text amendment. A detailed staff report is attached as backup
material for this item.
ORDINANCE NO. 55-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS",
SECTION 4.4.10, "AUTOMOTIVE COMMERCIAL (AC) DISTRICT",
SUBSECTION 4.4.10(D), "CONDITIONAL USES AND STRUCTURES
ALLOWED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH,. FLORIDA, BY
ADDING A NEW SUB-SUBSECTION 4.4.10(D) (8) TO PROVIDE FOR
COMMERCIAL PARKING LOTS AS A CONDITIONAL USE; PROVIDING A
SAVING CLAUSE; PROVIDING A GENERAL REPEALER 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 Chapter 4, "Zoning Regulations", Article 4.4,
"Base Zoning District", Section 4.4.10, "Automotive Commercial (AC)
District", Subsection 4.4.10(D), "Conditional Uses and Structures
Allowed", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended by enacting a new
sub-subsection 4.4.10(D) (8) to read as follows:
(8) Commercial parking lots, so long as such lots are
accessory to an existing legal conforming use, and such
lots are developed and maintained in accordance with Sec.
4.6.9 of the City's Land Development Regulations
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith be and the same are hereby repealed.
Section 4. That this ordinance shall become effective ten (10)
days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1991.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
CITY COMMISSION DOCUMENTATION
TO: DAVID HARDEN, CITY MANAGER
FROM: PAUL DORLING, PLANNER II
SUBJECT: MEETING OF AUGUST 27, 1991
ORDINANCE 55-91~ PARKING LOTS IN AC ZONE DISTRICT
ACTION REQUESTED OF THE COMMISSION:
The aCtion requested of the City Commission is t'hat of approval
of an ordinance on first reading which amends the LDRs by
adding the specific use of "commercial parking lots" to the
list of conditional uses in the AC Zone District.
BACKGROUND:
The topic of parking use on auto dealership sites was brought to the
attention of the City Commission through correspondence from Borton
Volvo. The topic was discussed in a work session and there appeared
to be a consensus to proceed to consideration by an amending
ordinance. The City Commission discussed the ordinance on first
reading on August 13, 1991, and on the recommendation of the City
Attorney action was deferred to "beef up" the ordinance to include
additional regulations assuring the following:
1) That the commercial parking lots cannot operate as an
independent use, but only accessory to the principle use.
2 That the commercial parking lots not operate during
similar hours as the principle business. This comment
would appear to be more appropriate to other commercial
uses, i.e. restaurant, etc. that are within the GC Zoning
District. Per discussion with Jeff Kurtz, City Attorney,
on August 17, 1991, he is in agreement and will not add
this comment to the AC Ordinance.
DETERMINATION:
Pursuant to F.S. 166.091(c), ordinances initiated by the governing
body or its designee which rezone specific parcels of private real
property or which substantially change permitted use categories
require special notice requirements. In this situation, the use of
land for parking purposes is not substantially different than uses
allowed in AC Zoning~ i.e. automobile dealerships and used car
City Commission Documentation
Ordinance 55-91, Parking Lots in A.C. Zone District
Page 2
lots. Further, application of the use will be by specifically
noticed conditional use procedure. Finally, the addition of this
use does not diminish or detract from the owner of AC zoned property
from develOping such property. Based upon the above rationale, the
special notice requirements need not apply.
PLANNING AND ZONING BOARD CONSIDERATION:
On August 19, 1991, the Planning and Zoning Board reviewed and
recommended denial of the ordinance on a 4 to 2 vote (Felner and
Parker descending). The recommendation of denial was based on the
following:
* The ordinance is to broad allowing parking in all AC zones
and is not in the best interest of the City.
* The ordinance will encourage additional patronage of the
Federal Highway flea market.
* The ordinance would set a president to satisfy parking
demands off-site and specifically may further allow
expansion of the flea market, i.e. additional booths as
parking demands currently accommodated on-site would be
accommodated off-site.
It was inappropriate to create an ordinance amending all
AC Zone Districts to accommodate the request of one
dealership.
CRA CONSIDERATION:
The CRA (Community Redevelopment Agency) reviewed the request at its
formal meeting of August 15, 1991. The CRA recommended approval of
the text amendment.
RECOMMENDED ACTION:
By motion, approval of Ordinance 55-91 on first reading and a
determination that special notice is not required in that the
proposal does not substantially change permitted uses in the AC Zone
District.
Attachment
* Ordinance 55-91 to be Provided by OtherS
PD\#41\CC55-91.TXT
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ORDINANCE NO. 55-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS",
SECTION 4.4.10, "AUTOMOTIVE COMMERCIAL (AC) DISTRICT",
SUBSECTION 4.4.10(D), "CONDITIONAL USES AND STRUCTURES
ALLOWED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
ADDING A NEW SUB-SUBSECTION 4.4.10(D) (8) TO PROVIDE FOR
COMMERCIAL PARKING LOTS AS A CONDITIONAL USE; PROVIDING A
SAVING CLAUSE; PROVIDING A GENERAL REPEALER 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 Chapter 4, "Zoning Regulations", Article 4.4,
"Base Zoning District", Section 4.4.10, "Automotive Commercial (AC)
District", Subsection 4.4.10(D), "Conditional Uses and Structures
Allowed", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended by enacting a new
sub-subsection 4.4.10(D) (8) to read as follows:
(8) ~crc~ parking lots, so long as such lots are
f~accessory bo an existing legal conforming use, and such
~/'~eveloped and maintained in accordance with Sec.
.
~D~ 4.6.9 of the City's Land Development Regulations
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith be and the same are hereby repealed.
Section 4. That this ordinance shall become effective ten (10)
days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1991.
MAYOR
ATTE S T:
City Clerk
First Reading
Second Reading
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~2~3~
SUBJECT: AGENDA ITEM ~ I~ - MEETING OF AUGUST 27, 1991
ORDINANCE NO. 55-91
DATE: August 22, 1991
This is a first reading of an Ordinance amending the Land Development
Regulations to provide for commercial parking lots as a conditional
use in the AC (Automotive Commercial) zone district. Direction
received at your August 13th meeting has been incorporated into this
ordinance.
The Planning and Zoning Board at their August 19th meeting recommended
denial of this ordinance by a 4 to 2 vote. The Community
Redevelopment Agency at their August 15th meeting recommended approval
of the text amendment. A detailed staff report is attached as backup
material for this item.
ORDINANCE NO. 55-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAy
BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS",
SECTION 4.4.10, "AUTOMOTIVE COMMERCIAL (AC) DISTRICT",
SUBSECTION 4.4.10(D), "CONDITIONAL USES AND STRUCTURES
ALLOWED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
ADDING A NEW SUB-SUBSECTION 4.4.10(D) (8) TO PROVIDE FOR
COMMERCIAL PARKING LOTS AS A CONDITIONAL USE; PROVIDING A
SAVING CLAUSE; PROVIDING A GENERAL REPEALER 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 Chapter 4, "Zoning Regulations", Article 4.4,
"Base Zoning District", Section 4.4.10, "Automotive Commercial (AC)
District", Subsection 4.4.10(D), "Conditional Uses and Structures
Allowed", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended by enacting a new
sub-subsection 4.4.10(D) (8) to read as follows:
(8) Commercial parking lots, so long as such lots are
accessory to an existing legal conforming use, and such
lots are developed and maintained in accordance with Sec.
4.6.9 of the City's Land Development Regulations
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith be and the same are hereby repealed.
Section 4. That this ordinance shall become effective ten (10)
days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1991.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
C I T Y C O ~4 1~ I S S I 0 N D O C U ~4 E N T A T I O N
TO: DAVID HARDEN, CITY MANAGER
FROM: PAUL DORLING, PLANNER II
SUBJECT: MEETING OF AUGUST 27, 1991
ORDINANCE 55-91~ PARKING LOTS IN AC ZONE DISTRICT
ACTION REQUESTED OF THE CO~ISSION:
The action requested of the City Commission is that of approval
of an ordinance on first reading which amends the LDRs by
adding the specific use of "commercial parking lots" to the
list of conditional uses in the AC Zone District.
BACKGROUND:
The topic of parking use on auto dealership sites was brought to the
attention of the City Commission through correspondence from Borton
Volvo. The topic was discussed in a work session and there appeared
to be a consensus to proceed to consideration by an amending
ordinance. The City Commission discussed the ordinance on first
reading on August 13, 1991, and on the recommendation of the City
Attorney action was deferred to "beef up" the ordinance to include
additional regulations assuring the following:
1) That the commercial parking lots cannot operate as an
independent use, but only accessory to the principle use.
2 That the commercial parking lots not operate during
similar hours as the principle business. This comment
would appear to be more appropriate to other commercial
uses, i.e. restaurant, etc. that are within the GC Zoning
District. Per discussion with Jeff Kurtz, City Attorney,
on August 17, 1991, he is in agreement and will not add
this comment to the AC Ordinance.
DETERMINATION:
Pursuant to F.S. 166.091(c), ordinances initiated by the governing
body or its designee which rezone specific parcels of private real
property or which substantially change permitted use categories
require special notice requirements. In this situation, the use of
land for parking purposes is not substantially different than uses
allowed in AC Zoning~ i.e. automobile dealerships and used car
City Commission Documentation
Ordinance 55-91, Parking Lots in A.C. Zone District
Page 2
lots. Further, application of the use will be by specifically
noticed conditional use procedure. Finally, the addition of this
use does not diminish or detract from the owner of AC zoned property
from developing such property. Based upon the above rationale, the
special notice requirements need not apply.
PLANNING AND ZONING BOARD CONSIDERATION:
On August 19, 1991, the Planning and Zoning Board reviewed and
recommended denial of the ordinance on a 4 to 2 vote (Felner and
Parker descending). The recommendation of denial was based on the
following:
* The ordinance is to broad allowing parking in all AC zones
and is not in the best interest of the City.
* The ordinance will encourage additional patronage of the
Federal Highway flea market.
* The ordinance would set a president to satisfy parking
demands off-site and specifically may further allow
expansion of the flea market, i.e. additional booths as
parking demands currently accommodated on-site would be
accommodated off-site.
* It was inappropriate to create an ordinance amending all
AC Zone Districts to accommodate the request of one
dealership.
CRA CONSIDERATION:
The CRA (Community Redevelopment Agency) reviewed the request at its
formal meeting of August 15, 1991. The CRA recommended approval of
the text amendment.
RECOMMENDED ACTION:
By motion, approval of Ordinance 55-91 on first reading and a
determination that special notice is not required in that the
proposal does not substantially change permitted uses in the AC Zone
District.
Attachment
* Ordinance 55-91 to be Provided by Others
PD\#41\CC55-91.TXT
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGE~.~/~
SUBJECT: AGENDA ITEM ~ ~ ~ - MEETING OF AUGUST 13, 1991
ORDINANCE NO. 55-91
DATE: August 7, 1991
This is a first reading of an ordinance amending the Land Development
Regulations by adding a new sub-section to provide for commercial
parking lots as a conditional use in the Automotive Commercial (AC)
zone district. This ordinance follows direction received at your July
16th workshop meeting.
The Planning and Zoning Board will formally review this item at its
meeting of August 19th and its recommendation will be provided at
second reading.
Recommend approval of Ordinance No. 55-91 on first reading.
C I TY COMM I S S I ON DOCUMENTAT I ON
TO: /~~D HARDEN, CITY MANAGER
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF AUGUST 13, 1991
ORDINANCE ~6~-91: PARKING LOTS IN A.C. ZONE DISTRICT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
apDroval of an ordinance which amends the LDRs by adding the
specific use of "commercial parking lots" to the list of
conditional uses in the A.C. Zone District.
BACKGROUND:
The topic of parking use on auto dealership sites was brought to
the attention of the City Commission through correspondence from
Borton Volvo. The topic was discussed in worksession and there
appeared to be a consensus to proceed to consideration of an
amending ordinance. Please refer to that documentation for
further background.
The implication of approval is that the use of commercial parking
lots may be considered on a case-by-case basis on any property
which is zoned A.C. A duly noticed public hearing (adjacent
property owner notification) before the Planning and Zoning Board
is required concurrent with application to a specific property.
Final action regarding use approval rests with the City
Commission.
DETERMINATION:
Pursuant to F.S. 166.041(c), ordinances initiated by the
governing body or its designee which rezone specific parcels of
private real property or which substantially change permitted use
categories require special notice requirements. In this
situation, the use of land for parking purposes is not
substantially different than uses allowed in A.C. zoning i.e.
automotive dealerships and used car lots. Further, application
of the use will be by a specifically noticed conditional use
procedure. Finally, the addition of this use does not diminish or
detract from the owner of A.C. zoned property from developing
such property. Based upon the above rationale, the special
notice requirements need not apply.
City Commission Documentation
Meeting of August 13, 1991
Ordinance 56-91: Parking Lots in the AC Zone District
Page 2
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board will formally review this item at
its meeting of August 19th and its recommendation will be
provided at second reading.
RECOMMENDED ACTION:
By motion, approval of Ordinance 56-91 on first reading and a
determination that special notice is not required in that the
proposal does not substantially change permitted uses in the A.C.
zone district.
Attachment:
* Ordinance prepared by others
DJK/#85/ACPARKNG.TXT
ORDINANCE NO. 55-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS",
SECTION 4.4.10, "AUTOMOTIVE COMMERCIAL (AC) DISTRICT",
SUBSECTION 4.4.10(D), "CONDITIONAL USES AND STRUCTURES
ALLOWED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
ADDING A NEW SUB-SUBSECTION 4.4.10(D) (8) TO PROVIDE FOR
COMMERCIAL PARKING LOTS AS A CONDITIONAL USE; PROVIDING A
SAVING CLAUSE; PROVIDING A GENERAL REPEALER 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 Chapter 4, "Zoning Regulations", Article 4.4,
"Base Zoning District", Section 4.4.10, "Automotive Commercial (AC)
District", Subsection 4.4.10(D), "Conditional Uses and Structures
Allowed", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended by enacting a new
sub-subsection 4.4.10(D) ($) to read as follows:
(8) Commercial parking lots
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith be and the same are hereby repealed.
Section 4. That this ordinance shall become effective ten (10)
days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1991.
MAYOR
ATTE ST:
City Clerk
First Reading
Second Reading
ORDINANCE NO. 55-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS",
SECTION 4.4.10, "AUTOMOTIVE COMMERCIAL (AC) DISTRICT",
SUBSECTION 4.4.10(D), "CONDITIONAL USES AND STRUCTURES
ALLOWED" OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
ADDING A NEW SUB-SUBSECTION 4.4.10(D) (8) TO PROVIDE FOR
COMMERCIAL PARKING LOTS AS A CONDITIONAL USE; PROVIDING A
SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
"Zoning Regulations" Article 4 4,
Section 1. That Chapter 4, , .
"Base Zoning District", Section 4.4.10, "Automotive Commercial (AC)
District", Subsection 4.4.10(D), "Conditional Uses and Structures
Allowed", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended by enacting a new
sub-subsection 4.4.10(D) (8) to read as follows:
(8) C~mmercial parking lots~ ~ .... ~-~ --
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be'
declared by a court of competent jurisdiction to be invalid, such,,~
decision shall not affect the validity of the remainder hereof as a ~,~
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith be and the same are hereby repealed.
Section 4. That this ordinance shall become effective ten (10)?~'
days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1991.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: PLANNING AND ZONING BOARD
FROM: PAUL DORLING, PLANNER II
RE: PLANNING AND ZONING MEETING OF AUGUST 19, 1991
COMMERCIAL PARKING LOTS IN THE AC ZONING DISTRICT
Item Before the Board:
The item before the Board is consideration of proposed
Ordinance 55-91 which will allow commercial parking as a
conditional use in the AC Automobile Commercial District.
Action is in the form of a recommendation on the proposed
ordinance to the City Commission.
Backqround:
The Board held a discussion on this subject at the July 29,
1991 special meeting. Subsequently, the City Attorney has
drafted a proposed ordinance (attached) which was discussed
by the City Commission on first reading at their August 13,
1991 regular meeting (see attached documentation). The City
Commission postponed action on the ordinance on the
recommendation of the City Attorney who suggested that the
ordinance be "beefed up" to include additional regulations
to assure the following:
That the commercial parking lots cannot operate as an
independent use, but only'accessory to the principle
use.
That the commercial parking lots not operate during
similar hours as the principle business. This comment
would appear to be more appropriate to other commercial
uses, i.e. restaurants, etc. that are within the GC
zoning district and not the AC zoning district. Per
discussions with Jeff Kurtz, City Attorney on August
17, 1991 he is in agreement and will not add this
comment to the AC Ordinance.
The first reading of the ordinance before the City
Commission is scheduled for August 27, 1991. The
recommendation of the Planning and Zoning Board will be
forwarded to the City Commission for consideration on that
date.. Second and final reading will be scheduled for
September 10, 1991.
III.B.
P&Z Staff Report
Commercial Parking Lots in the AC Zoning District
,.. Page 2
Recommendation:
Recommend that the City Commission approve Ordinance 56-91.
Attachments:
* Ordinance 55-91
* City Commission Documentation for August 13, 1991
meeting
PD/#41/AC.TXT
ORDINANCE NO. 55-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS",
SECTION 4.4.10, "AUTOMOTIVE CO~HERCIAL (AC) DISTRICT",
SUBSECTION 4.4.10(D), "CONDITIONAL USES AND STRUCTURES
ALLOWED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
ADDING A NEW SUB-SUBSECTION 4.4.10(D) (8) TO PROVIDE FOR
COMMERCIAL PARKING LOTS AS A CONDITIONAL USE; PROVIDING A
SAVING CLAUSE; PROVIDING A GENERAL REPEALER 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 Chapter 4, "Zoning RegUlations", Article 4.4,
"Base Zoning District", Section 4.4.10, "Automotive Commercial (AC)
District", Subsection 4.4.10(D), "Conditional Uses and Structures
Allowed", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended by enacting a new
sub-subsection 4.4.10(D) (8) to read as follows:
(8) Commercial parking lots
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith be and the same are hereby repealed.
Section 4. That this ordinance shall become effective ten
days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1991.
MAYOR
ATTE ST:
City Clerk
First Reading
Second Reading
CITY COMMISSION DOCUMENTATION
TO: /,~VID HARDEN, CITY MANAGER
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF AUGUST 13, 1991
ORDINANCE 56-91: PARKING LOTS IN A.C. ZONE DISTRICT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an ordinance which amends the LDRs by adding the
spec. ific use of "commercial parking lots" to the list of
conditional uses in the A.C. Zone District.
BACKGROUND:
The topic of parking use on auto dealership sites was brought to
the attention of the City Commission through correspondence from
Borton Volvo. The topic was discussed in worksession and there
appeared to be a consensus to proceed to consideration of an
amending ordinance. Please refer to that documentation for
further background.
The implication of approval is that the use of commercial parking
lots may be considered on a case-by-case basis on any property
which is zoned A.C. A duly noticed public hearing (adjacent
property owner notification) before the Planning and Zoning Board
is required concurrent with application to a specific property.
Final action regarding use approval rests with the City
Commission.
DETERMINATION:
Pursuant to F.S. 166.041(c), ordinances initiated by the
governing body or its designee which rezone specific parcels of
private real property or which substantially change permitted use
categories require special notice requirements. In this
situation, the use of land for parking purposes is not
substantially different than uses allowed in A.C. zoning i.e.
automotive dealerships and used car lots. Further, application
'of the use will be by a specifically noticed conditional use
'procedure. Finally, the addition of this use does not diminish or
detract from the owner of A.C. zoned property from developing
such property. Based upon the above rationale, the special
notice requirements need not apply.
City Commission Documentation
Meeting of August 13, 1991
Ordinance 56-91: Parking Lots in the AC Zone District
Page 2
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board will formally review this item at
its meeting of August 19th and its recommendation will be
provided at second reading.
RECOMMENDED ACTION:
By motion, approval of Ordinance 56-91 on first reading and a
determination that special notice is not required in that the
proposal does not substantially change permitted uses in the A.C.
zone district.
Attachment:
* Ordinance prepared by others
DJK/#85/ACPARKNG.TXT
CITY CO~ISSION WORK SESSION DOCUMENTATION
SUBJECT: USE OF pARKING LOTS ALONG N. FEDERAL HIGHWAY AS
COMMERCIAL PARKING LOTS FOR FLEA MARKET PARKING
MEETING DATE: JULY 16f 1991
PREPARED BY: DAVID J. KOVACSt DIRECTOR OF PLANNING ~/~'
BACKGROUND:
Attached is a letter from Borton Volvo in which the question of use of
private property for commercial parking which would accommodate flea
market demands is raised.
The present manner of handling the question is as follows:
1) for vacant land; the zoning must be GC and it is required that the
parking lot be constructed to code which includes the special
landscape area along Federal Highway and all perimeter and interior
landscaping. While such requests have been made, no property owner
has followed through with a submission.
2) for existing development which has a parking lot; the zoning must
be GC; it must be demonstrated that there is more than the required
amount of par~lng on the site or that the use of parking for flea
market purposes will not conflict with its use for the business being
conducted on the property e.g. a restaurant which is open only in the
late afternoon and evening. Also, that portion of the parking which
is to be used as a ~ommercial lot must be brought to code as the
situation allows (i.e. landscaping, striping, wheel stops, prOper
dimensions). While such requests have been made, no property owner
has followed through with a submission.
3) for existing development which has site plan approval; the zoning
must be GC; the same requirements as for 2) applies. If the parking
is up to code, the request would be processed as a minor site plan
amendment. No such requests have been made.
4) for Borton Volvo; the zoning on this property is AC and a
commercial parking lot is not allowed. It would be necessary to add
"commercial parking lots" as an allowable use in AC zoning.
City Commission Work Session Documentation
Use of Parking Lots Along N. Federal Highway as Commercial Parking
Lots for Flea Market Parking
Page 2
DIRECTION:
Direction is requested with respect to the following issues:
1. Should the current practice and rules remain unchanged?
2. If it is desired to encourage use of existing private parking
lots for flea market parking:
a) should we lessen the standards to allow the use without
upgrading of existing parking areas?
b) should commercial parking lots be added as an allowable use
in the AC Zone District?
c) should each such request be accommodated through a
conditional use hearing process and each handled on an
individual, case-by-case basis?
Attachments:
* Letter exchange with Borton Volvo
* Lula Butler's memo of July 9, 1991.
DJK/#84/CCPKG.TXT
.," M E M O R A N D U M
TO: Lula B~tler, Community Improvement Director
FROM: Richard Bauer, Code Enforcement Administrator ~-
SUBJECT: LICENSED PAY PARKING LOTS ON NORTH FEDERAL HIGHWAY
DATE: July 9, 1991
Although we have not recently field checked the North Federal Highway
area on "heavy" Swap Shop days, I believe the following are the only
operational, licensed pay parking lots on North Federal Highway
(excluding County pockets):
1. Antonio's Mama Rosa Restaurant, Inc.
1645North Federal Highway
License was first issued around March, 1988 (Number 09443).
2. Kentucky Fried Chicken
2222 North Federal Highway
License was first issued around August, 1987 (Number 02462).
While Code Enforcement does not. issue Occupational Licenses, I believe
the reasoning used for issuing the above licenses was as follows:
1. Antonio's Mama Rosa Restaurant, Inc. was zoned GC, had a
paved lot (albeit non-conforming under City codes) and was
closed (for food sales) during Swap Shop hours. Under the
old 1980 Zoning Code, Section 30-11(B)(65), "Parking Lots
and Garages" was a permitted use.
2. Kentucky Fried Chicken falls under the same basic reasoning
as for 1, above, except for the non-conforming and being
closed parts. In addition, Kentucky Fried Chicken was
issuing a voucher to each parker in the amount of the
parking fee. The voucher was redeemable against food
purchased from the restaurant.
Over the past three years, other parking lots that were operating
on North Federal Highway have been cited and closed. Most of the
improper parking lots fell into three categories: unpaved or
unimproved surfaces, improper zoning and unlicensed and not pursued by
owners.
Occasionally, other lots will appear - but this seems to happen as
seasonal residents return to the area resulting in increased Swap Shop
traffic (my observation).
rb/mh
[lTV OF DELRRV BEFI[H
100 N W 15t AVENUE DELRAY 8EACH. FLORIDA 33444 407'243.,'CG.
June 18, 1991
Loren Sheffer, Managing Partner
KJell Bergh's BORTON VOLVO
2q01 North Federal Highway
Delray Beach, FL 33483
Re: Use of Parking Lots for Flea Market Parking
Dear Loren:
Thank you for a copy of your letter dated June llth which was
directed to the Code Enforcement Board. The subject of the
letter has been discussed from-time-to-time, among the Development
Services staff. We will take another look at the situation with
respect to review and approval process and what code
modifications, if any, are necessary to accommodate such a dual
use of designated (per site plan) parking areas.
You should hear from me by Monday, July lst; if not, give me a
call.
Dr~tally'
Department of Planning and Zoning
DJK/dlm
C:
David Harden, City Manager
Lula Butler, Dir. of Community Improvement
DJK/#82/VOLVO.TXT
THE EFFORT ALWAYS MATTERS
June 11, 1991
Tim D. Onnen, Chairman
c/o City Of Delray Beach
Code Enforcement Board
100 N.W. 1st Ave.
Delray Beach, Florida 33444
Dear Mr. Onnen,
We received your letter about the parking for pay lot we run at
Borton Volvo and its zoning problem.
We ceased operations for the year in mid-May.
We don't understand Why such an operation should be ~llegal.
We effect none of our neighbors. We run a clean and profitable
business, (which is taxable).
The funds we generate are a very important aspect of our over
all business. Without its income, our ability to be profitable
would be severely compromised.
Borton Volvo has done much td improve the business climate and
appearance of North Federal Highway.
As a parking lot operation, we fill a definite need. We provide
several hundred parking spaces to people on Saturdays and Sundays
who otherwise would park in resident~a~ areas of our community
illegally. As you may be aware, the traffic during season on
North Federal Highway is bad enough already.
We also employee three staff members to provide safe, organized,
efficient entry, parking and exit from our site.
We ask you to reconsider your position and also ask for directions
as to how we could run our business along with the best interests
of the community.
: ~ Sincerely, ~ ~~ ~~
· JUN 17 1991
Zoren Sheffer
Managing Partner PLANNING & ZONING
DEDICATED TO EXCELLENCE SINCE 1957
Page 2
cc: David Harden, City Manager Delray Beach
Lula Butler, Community Improvement Director
David Kovacs, Planning Director
Kjell Bergh, President Bergh International Holdings
DEDICATED TO EXCELLENCE SINCE 1957
£1T¥ DF DELRII¥ BEIII:H
100 N.W. 1st AV[::NUE DELRA¥ 8EACH. FLORIDA 33444 407/243.7000
June 18, 1991
Mr. Kjell Bergh
C/O Bergh International Holdings, Inc.
5516 Lyndale Avenue South
Minneapolis, Minnesota 55419
Dear Mr. Bergh:
I am in receipt of your letter dated June 13, 1991 concerning the
commercial parking operations at Borton Motors in Delray Beach.
I do not know who informed Mr. Sheffer that the Code Enforcement
Board Hearing held on May 14, 1991 was a formality. The Code
Enforcement Board is established under state law guide lines to hear
alleged violations of municipal ordinances. A Code Enforcement Board
Hearing is not a mere formality as said Hearings can result in the
imposition of fines.
In order to appeal a Code Enforcement Board Hearing, it is
necessary to file an appeal in Circuit Court no later than 30 days
after the execution of the order to be appealed. I have attached a
copy of the relevant Code Enforcement Board Order for your review.
However, after reading your letter of June 13, 1991, I concluded
that you were most interested in attempting to obtain a change to the
City's ordinances which currently do not permit commercial parking lots
in the AC zoning district. If my conclusion is correct, I respectfully
suggest that you or your local representative Contact the Delray Beach
Planning Department headed up by David Kovacs (407-243-7040). Your
representative might also wish to discuss this matter with the Chief
Building Official, Jerry Sanzone (407-242-7207). I have taken the
liberty to copy the aforementioned City employees on this letter and
also to furnish them with a copy of your June 13, 1991 letter.
Please remember that Code Enforcement focused on a very narrow
issue, i.e., whether or not a stand alone pay parking lot in the
City's AC zone was legal per City ordinances.
THE EFFORT ALWAYS ~/IATTERS
Mr. KJell Bergh
June 18, 1991
Page Two
If I can be of any further assistance to you, please do not
hesitate to contact my office (407-243-7219). However your legal
appeal should be either through the Court system (refer your legal
representative to Chapter 162 Florida Statutes) or your pursuit of
zoning issues through the City's Planning Department.
We do appreciate your discontinuance of the pay parking lot
operation. Perhaps, you will be successful with your further pursuit
of this matter.
Very truly yours,
Code Enforcement Administrator
rb/mh
Lula Butler
Jerome Sanzone
RE: VIOLATION ADDRESS AND LEGA~
DESCRIPTION LOCATION:
Kjell & Mary Bergh 2201N. Federal Hwy., Delray~Beach, Fl:
c/o Borton Motors, Inc. Delray Beach Estates, Lots 41.., 42 & 42
5428 Lyndale Avenue South (Lesa S 10') according to Plat Book 21,
Minneapolis, MN. 55419 Page 13 of the official records of Pal~
Beach Coumty, Fi
CITY OF DELRAY BEACH
CODE ENFORCEMENT BOARD ORDER
. CASE NUMBER CEB 91-6410
At the Code 'Enforcement Board Hearing held on May 14, 1991, the. above partie~
were found guilty by the Code Enforcement Board of the City of Delray Beach of
violating City of Delray Beach Land Development Regulation Section as enumerated
below. The violation occurs on property that the Code Enforcement Boar~
determined you own in Delray Beach as legally described above as the violatior
address and legal description location.
The Code Enforcement Board found that you were notified of the violatior
enumerated below and further that you were properly notified of this Code
Enforcement Board hearing. The above parties were not present at the abov~
hearing.
Based on testimony and evidence offered to and accepted by the Code Enforcemen
Board of the City of Delray Beach from the Code Enforcement Division, the Cod,
Enforcement Board adjudged by a vote of 7 to 0 that you were guilty of th-
following violation which waa determined to occur at the above violation addres
and legal description location:
1. Land Development Regulation Chapter 4; Section 4.4.10 which does no
permit pay parking lots in the AC zone district as either principal
accessory or conditional uses. The above location is operating a p~
parking lot on premises which lot is not associated with the sale c
servicing of automobiles.
It ia hereby ordered and adjudged by the Code. Enforcement Board' of the City
Delray Beach that the above parties shall be given 3 da'ys from the date of th
Code Enforcement Board Order to correct the aforementioned violation.
If the require~ correction is not made within the above time period, a per di~
fine of $250 shall be assessed ~ntii final correction is achieved. A Form~
Nearing shall not be necessary to'assess fines. There shall be a presumption-c
noncompliance unless the violators notify the Code Enforcement Division of t~
City of Delray Beach of compliance on a timely basis.
CHAIRMAN
5516 Lyfldale Avenue South ,, Minneapolis, MN 55419
~ K JELL BERGH
City of Delr'ay Beach . ,-,,-..,__ ' . ~R*O. VOLVO
Code. Enforcement DIv. ~
I O0 NWI st Avenue
Delray Beach. ~R'rO,.O'rO~U
FL 33444 June 13, 1991 ~,,,~.,,,.rL
BORTON LEASING
BORTON UMOUSINE
We are in receipt of your violation noti~ concerning commercial parking on our
property at 220 i North Federal Highway.
BORTON TRAVEL
Loren W. Shef(er, our Vice President and 66natal i-lanager at Bar,on Motors, Inc.
in Delray Beach has been In continuous contact w~th the City of Deh'ay Beach on
BORTON OVERSEAS
this issue since we first received notice of this problem. He was given to M~,,~,~,
understand that the referenced hearing was a formality which needed to take place
before we could appeal this matter and that there consequently was no need for my TARANOIRESAFARI LOIX',,~
Tan~nia.
wife and I to come to Florida expr~ly for ti,is hearing, considering that our ·
residence is in H inneapolis. S~RE~o~n SEt.~C't S*F,~US
TanzaniI.
If that is correct, we will now proceed witt'~ such an appeal.
For the record, we wish to point out that we were fOrced to engage in commercial
parking to protect our business due to the massive traffic problems associated with
the neighboring Flea Market during the high sea~n. Since we did so, the traffic
congestion and the hazards associated with the very serious back-ups and erratic
dr iving have been dramatically reduced.
I must emphasize that our property is substantially better equipped to meet coda
corr, pllance for parking lots than any aJJolr, lng property eng.~ m commercial
parking. The facility was no,[~under Delray Beach's jur ~sdiction when we built it
(completion date Play 9, 1988), yet we arbitrarily subjected ourselv~ to the
much stricter code requirements in Delray Besch and promptly petitioned for'
annexation, unlike many neighbors in ~im ilar situations. In other words, we have
spent a very large amount of di%retionary funds as responsible corporate citizens
to ensure compliance with any code in existence at that time ~nd we are clearly a
most super Jar facility.
At' this point, it appears the matter is purely political with regard to the Flea
Market. Our p~ition' is that as long as the Fled ,"larl, et facility continues to
operate, it is irrefutable that commercial parking at 6orion i'lotors' five-acre
modern facility next-door substantially rcduces traffic con~stion and the
potential for injury-causing ac~idenIs relate~ thereto
612~827-0254 I WATS: 800-328-7114 · T~I.EX 29-1M80 · FAX 612-827-1544
We therefore hereby respectfully request that the City of Deiray
Beach make the appropriate administrative and/or regulatory
changes permitting Borton Motors, Inc. to resume its commercial
parking operations.
Heanwhile, we would very much appreciate your assistance in advising us in
writing on the appropriate steps ne~ssary to meet your requirements for
obtaining such approval.
While the appeal process is tal,:ing its course, we obviously will abide by the
pr~..,ent order.
cc: Loren W. Shefrer