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59-91 ORDINANCE NO. 59-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR THREE PARCELS OF LAND LOCATED ON N.E. 6TH AVENUE, SOUTH OF N.E. 8TH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM GC (GENERAL COMMERCIAL) DISTRICT TO AC (AUTO RELATED COMMERCIAL) DISTRICT; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is shown as being zoned GC (General Commercial) District on the Zoning District Map of the City of Delray Beach, Florida, dated October 1, 1990; and, WHEREAS, a review of City records indicates that such zoning classification was inadvertently applied to said property; and, WHEREAS, Section 2.4.7(F) (2) of the La~d Development Regula- tions has made provisions for relief from improper regulations; and, WHEREAS, a request has been made with respect to the subject property and has been reviewed by the Special Adjustment Advisory Board, with a determination that the zoning may have been inadvertently changed; and, WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated October 1, 1990, be corrected to reflect the proper zoning classification thereof, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated October 1, 1990, be, and the same is hereby corrected to reflect a zoning classification of AC (Auto Related Commercial) District for the following described property: Parcel 1: Lot 1-11, inclusive; Lots 34 through 36, inclusive; Lots 37 through 39, inclusive; Lots 63 and 64 of McGINLEY AND GOSMAN'S SUBDIVISION, as per Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 2, Page 87 As well as the abandoned alleyway running North and South which bisects said property lying between N.E. 7th Street and N.E. 8th Street; and the abandoned road right-of-way running East and West bisecting said property, formerly known as N.E. 7th Court, lying between N.E. 5th Avenue and N.E. 6th Avenue. Parcel 2: Lots 12, 13 and 14; the West 24 feet of Lot 15; the West 24.0 feet of Lot 30; Lots 31, 32 and 33; and that part of the South half of the abandoned right-of-way for N.E. 7th Court abandoned by City of Delray Beach Resolution No. R-74-656 recorded in Official Record Book 2347, Page 604 of the Public Records of Palm Beach County, Florida, lying adjacent to said West 24.0 feet of Lot 30 and Lots 31, 32 and 33, less the right-of-way for State Road No. 5 (U.S. Highway No. 1), less the West 5.0 feet of said Lots 12 and 33, and less that part of said Lot 12 included in the external area of a 15.0 feet radius arc, tangent to a line 5.0 feet East of and parallel with the West line of said Lot 12, said arc also being tangent to the South line of said Lot 12, all lying and being in McGINLEY AND GOSMAN'S SUBDIVISION according to the Plat thereof recorded in Plat Book 2, Page 87 of the Public Records of Palm Beach County, Florida TOGETHER WITH the West 24 feet of Lots 15 and 30, McGINLEY AND GOSMAN'S SUBDIVISION, according to the Plat thereof recorded in Plat Book 2, Page 87, of the Public Records of Palm Beach County, Florida, together with the South Half of the abandoned right-of-way of N.E. 7th Court, lying immediately North of the above described real property. Parcel 3: Lots 14-19, inclusive, HOFMAN ADDITION Subdivision, according to the Plat recorded in Plat Book 5, Page 3, of the Public Records of Palm Beach County, Florida, LESS the road right-of-way for N.E. 5th Avenue (Southbound U.S. #1), and Lots 21 - 25, inclusive, HOFMAN ADDITION Subdivision, according to the Plat thereof recorded in Plat Book 5, Page 3, of the Public Records of Palm Beach County, Florida, LESS the road right-of-way for N.E. 6th Avenue (Northbound U.S. #1). Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning 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 10th day of September , 1991. ATTEST: ~ity-Ci~rk ' First Reading Auqust 27, 1991 Second Reading September 10, 1991 -2- Ord. No. 59-91 A P~t. IC HEARING w~ ~e h~l m · e feBeet~ ~ ~(s) ~ ~),m~ 1~ t~, · N.W. 1~ A~, ~ ~ ~ BOCA RATON NEWS ~ "' ~ ~ ~ d DELRAY BEACH NEWS Published Daily AN ORDIHANCE OF THE CITY C~ Monday th'ru Sunday M~SS~ON ~ THE CITY O; BOC~ R~to~, ~m B~h County, Floi'id~ CHAPmEn ~0NING Delray Beach, Palm Beach County, Florida ~vE c~c,~L ~) DIS~RIC~, $~BSECTION 4.~.~D), ~0NDITIONA~ ~S~S ~ND ~LOP~NT REGU~,O~ 0F ST~T~ OF FLORIDA ~HE CODE 0n 0RD~NANCES 0F THE CITY OF DELRAY BEACH, COUN~ O~ ~ALM B~AC~ SU~SU~SECT~ ~.~.~0(D)(~) TO P~OYtOE Fo~ C~ERC;A~ i USE; PROVIDING ~ ~VING ~ ~d NANCY WATT w~o o~ o~th say~ that ~]1~ C~SE; P~tO~NG ~ GENE~L ' REPE~LER C~USE; PROYIOING Eaton News and the Delray Beach ~ews, daily ~WS~,~F~ ~Ub~ ~t ~O2~ ~,~tO~ ~ ~[~ AN 0ROI~E OF THE CIW C~ ~ISSION ~ ~H; CITY OF B~h Co~ty, ~)o~d~; that t~ ~tt~h~d ~o~y of BE~CH, FkOnl~, ;EZONI,G AND p~C)NG ~ND PRESENTLY THE I0 ~T ABAN~NED ALLEY ~dver~iseme~L w~s published i~ said ~e~sJ)ape~s ZONED ~ ~P~NNEO C~R- ~Y~Ne WEST OF ~OTS ~0 AND CIAL) DISTRICTIN ~ BL~K ~ DEL-RATON PARK, ALL in the issues of: (PROFESSIONAL AND OFFICE Ol~ ~ RECORDED IN P~T B~K TRICT); ~ID ~ND BEING LOTS 1 P~E ~, ~ THE PUBLIC RECORDS THR~GH S, INCLUS~VE, LESS THE OF P~ B~CH COUNTY, FLORI- ~EST · FEET ST ROAD R~ & ~i A~ ~NDI~ 'ZONING DI~ ~l~ ~ OF AND ADJACENT THERETO, FL~I~ 1~; PROVIDING A . 8L~K 2~ DEL-RATON PARK, T~~ RE.ALEE C~USE;  GETHER WITH COTS 6 THROUGH ~ INCLUSIVE, LE~ THE ~ST ~ ~IDI~ A ~V)~ C~USE; FEET ST R~ ~ AND · F~T ~DI~AN EFFECTIVE DATE.  O ~Y LYING ~T G~' ~ T~ ~T ~ FEET ~ 1 THR~ t, i~LUgVE, ~O ~ ~ II, ~ ~ A~ ~, A~ Boca Raton, Palm Beach County. Florida. for a pe- riod of one year next preeedfl~R the first publ~ca- Lion of the attached copy of advertisement; and affiant further says that she has neither paid nor AN Oem~EOF THE C~TY promise~ any person, firm or cmrporatio~ a~y di~- ~0N 0F *HE C~TY 0F BE~CH, F~Om0A. CORRECT~NG COHIlt, rebate, commission1 or P~[und [oF the Fur* ~HE Z0N~ C~SS~F,~0N pose of securing this advertisemerlt for p~blicatiorl r,s ~ut, s~oe oF ~.w STREET, LYING WESTERLY OF J~ S~J~ llewsp~pers. AND ADJACENT T0 THE CA~N UNITED MET~DIST CHURCH FA- CILIa, AS ~RE PARTICU~RY DEKR~BED HEREIN, FR~ R.IA (SINGLE F~ILY RESiDENTiAL) DISTRICT T0 CF (C0~UNITY CILITiE5) DISTRICT; AND COR- RAY 0EACH, FLORIDA, I~; YIDING A G~HERAL REPEALER C~U~E; PR~IOI~G A SAVING C~USE; PROVIDING AN EFfEC- TIVE ~TE. Sworn to and subscribed before me this ~ ~ ~,~a,~f ,.~ ~ ~i~ ~ ~al any day of A.D. 19 ~i~. ~, s~ ~s (Seal. ~otary P~ f MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM ~ ~O~ - MEETING OF SEPTEMBER 10, 1991 ORDINANCE NO. 59-91 DATE: September 6, 1991 This is a second reading of an ordinance correcting the zoning classification for three parcels of land located on N.Eo 6th Avenue, south of N.E. 8th Street (O.C. Taylor) from GC (General Commercial) zone district to AC (Automotive Commercial) zone district and correcting the Official Zoning Map. The Special Adjustment Advisory Board determined that the placement of GC zoning instead of AC zoning on the property, while not necessarily inappropriate, may have been inadvertent. This ordinance addresses all three parcels. Parcels 1 and 2 are part of a full service automobile dealership. All other such operations were changed from SC to AC when the zoning district conversions were made. It is clear that an improper change occurred. Parcel 3, however, has different circumstances. There are at least two auto repair or paint and body work uses on this block which are not a part of the O.C. Taylor full service dealership (they are independently leased operations). Subsequently, at your August 27th meeting the Commission determined that Parcel 3 should be zoned AC with the exception of the northeast properties on both Parcel 1 and Parcel 3 (Porter Paints and Silver Plating). A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 59-91 on second and final reading. ORDINANCE NO. 59-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR THREE PARCELS OF LAND LOCATED ON N.E. 6TH AVENUE, SOUTH OF N.E. 8TH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM GC '(GENERAL COMMERCIAL) DISTRICT TO AC (AUTO RELATED COMMERCIAL) DISTRICT; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is shown as being zoned GC General Commercial) District on the Zoning District Map of the City of Delray Beach, Florida, dated October 1, 1990; and, WHEREAS, a review of City records indicates that such zoning classification was inadvertently applied to said property; and, WHEREAS, Section 2.4.7(F) (2) of the Land Development Regula- tions has made provisions for relief from improper regulations; and, WHEREAS, a request has been made with respect to the subject property and has been reviewed by the Special Adjustment Advisory Board, with a determination that the zoning may have been inadvertently changed; and, WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated October 1, 1990, be corrected to reflect the proper zoning classification thereof, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated October 1, 1990, be, and the same is hereby corrected to reflect a zoning classification of AC (Auto Related Commercial) District for the following described property: Parcel 1: Lot 1-11, inclusive; Lots 34 through 36, inclusive; Lots 37 through 39, inclusive; Lots 63 and 64 of McGINLEY AND GOSMAN'S SUBDIVISION, as per Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 2, Page 87 As well as the abandoned alleyway running North and South which bisects said property lying between N.E. 7th Street and N.E. 8th Street; and the abandoned road right-of-way running East and West bisecting said property, formerly known as N.E. 7th Court, lying between N.E. 5th Avenue and N.E. 6th Avenue. Parcel 2: Lots 12, 13 and 14; the West 24 feet of Lot 15; the West 24.0 feet of Lot 30; Lots 31, 32 and 33; and that part of the South half of the abandoned right-of-way for N.E. 7th Court abandoned by City of Delray Beach Resolution No. R-74-656 recorded in Official Record Book 2347, Page 604 of the Public Records of Palm Beach County, Florida, lying adjacent to said West · 24.0 feet of Lot 30 and Lots 31, 32 and 33, less the right-of-way for State Road No. 5 (U.S. Highway No. 1), less the West 5.0 feet of said Lots 12 and 33, and less that part of said Lot 12 included in the external area of a 15.0 feet radius arc, tangent to a line 5.0 feet East of and parallel with the West line of said Lot 12, said arc also being tangent to the South line of said Lot 12, all lying and being in McGINLEY AND GOSMAN'S SUBDIVISION according to the Plat thereof recorded in Plat Book 2, Page 87 of the Public Records of Palm Beach County, Florida TOGETHER WITH the West 24 feet of Lots 15 and 30, McGINLEY AND GOSMAN'S SUBDIVISION, according to the Plat thereof recorded in Plat Book 2, Page 87, of the Public Records of Palm Beach County, Florida, together with the South Half of the abandoned right-of-way of N.E. 7th Court, lying immediately North of the above described real property. Parcel 3: Lots 14-19, inclusive, HOFMAN ADDITION Subdivision, according to the Plat recorded in Plat Book 5, Page 3, of the Public Records of Palm Beach County, Florida, LESS the road right-of-way for N.E. 5th Avenue (Southbound U.S. ~1), and Lots 21 - 25, inclusive, HOFMA~ ADDITION Subdivision, according to the Plat thereof recorded in Plat Book 5, Page 3, of the Public Records of Palm Beach County, Florida, LESS the road right-of-way for N.E. 6th Avenue (Northbound U.S. #1). Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning Map of the City of Delray Beach, Florfda, 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 , 1991. MAYOR ATTEST: City Clerk First Reading Second Reading -2- Ord. No. 59-91 C I TY COMM I S S I ON DOCUMENTA'T I ON TO: ~~~3~ ,T. HARDEN,~CITY MANAGER FROM: DAVID J. KOVACS, DDI~ECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF AUGUST 27, 1991 CORRECTION ORDINANCE~ ZONING MAP - O.C. TAYLOR ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of aDDroval on first reading of an ordinance correcting the Official Zoning Map. The affected property involves three contiguous areas owned by O.C. Taylor. They are all located on NE 6th Avenue, south of 8th Street. Auto use is in each location. BACKGROUND: These possible errors in the Official Zoning Map came to the attention of City officials through correspondence from Robert Feiderspeil, Attorney, representing the property owner. A request was made for consideration of special relief pursuant to Section 2.4.7(F)(2). The Special Advisory Board met and determined that the zoning may have been inadvertently changed. Please see letter of August 8th from Mr. Kovacs to Mr. Feiderspeil regarding their determination. ANALYSIS: Attached is a map which shows each of the three areas and the uses thereon. Clearly parcels 1 and 2 ~ part of a full service automobile dealership. All other such operations were changed from S.C. to A.C. when the zoning district conversions were made. It is clear that an improper change occurred. Parcel 3, however, has different circumstances. There are at least two uses on this block which have auto repair or paint and body work and which are not a part of the O.C. Taylor full servi~e dealership (they are independently leased operations). In similar circumstances, at the time of conversion of the zoning, the A.C. zone district was not applied. The rationale for not applying the zoning was (and is) as follows: City Commission Documentation Meeting of August 27, 1991 Correction Ordinance, Zoning Map - O.C. Taylor Page 2 * previous to the LDRs, auto repair use was not allowed in SC zoning (except as a part of a full service dealership} thus, all such uses along Federal Highway were nonconforming; * while there is an intent to allow such uses along Federal Highway, there was not an intent to accommodate all such uses in their present state, thus, their nonconforming status was not removed; * the owner of property which has such a business may petition for a rezoning and concurrent 6onditional use. During the review and approval process the appropriate degree of upgrading will then be determined. * NOTE: The above procedure, actions, and rationale pertain to used car lots also. Methods of Disposition re Parcel 3: Besides agreeing with the petitioner and "correcting" the zoning to A.C., the City Commission may find that the zoning on Parcel 3, as GC, is appropriate and consistent with other zoning conversions undertaken with adoption of the LDRs and make no change. If this action is.taken, the property owner still has the option to make a formal application and proceed through the formal process for rezoning and conditional use approval with the parcel being considered on its own merits (as opposed to the general rationale used in the Conversion). If the City Commission feels that the attendant fees ($900 for zoning, $450 conditional use) are not appropriate to be charged given the situation, they may waive those fees. PLANNING AND ZONING BOARD CONSIDERATION Since this item is being considered under the special relief provisions of the LDRs and pertains to the inadvertent or inappropriate nature of the action, the Planning and Zoning Board is not involved. RECOMMENDED ACTION: By motion, approval of the correcting ordinance but only as it pertains to parcels 1 and 2. Attachment:' * Ordinance prepared by others * Letter of petition by Robert Feiderspeil * Response letter by David Kovacs * Parcel description map (Dearden) REF/DJK#84/CCTAYLOR.TXT ICITY JIF Bl l, ttltY 112rg~j',': ~' ,','.'~';~,'~ ~ C'~!_F~A'r P,E,',C~4 r-LC;;~L~A]]~1.14 . 407/243-7000 August 8, 1991 Robert Feiderspeil, Attorney 501 East Atlantic Avenue Delray Beach, FL 33483 Re: Special Zoninq Relief - O.C. Taylor Dear Robert: This letter confirms a determination made by the Special Adjustment Advisory Board with regard to the zoning on the above property. The determination of the Board was that the placement of GC zoning instead of AC zoning on the property, while not necessarily inappropriate, may have been inadvertent. Their determination was based on the following rationale: * All other full service automobile dealerships were placed in the AC Zone District designation. There was no record that those properties which have dealership use were to be treated differently. * While parcel 3 is not necessarily, in its entirety associated with the dealership - by virtue of common ownership - it is appropriate to revisit the zoning designation concurrent with the correcting ordinance for parcels 1 and 2. Accordingly, a correcting ordinance will be prepared and placed before the City Commission for first reading on August 27, 1991, unless you request otherwise. ~~D rdlially' Department of Planning and Zoning DJK/cm c: Jeff Kurtz, City Attorney Thomas Purdo, Board Member Wm. F. Andrews, Board Member Jerry Sanzone, Board Member Special Relief Filetr F~,,ctr A,'".~.': ATTORNEYS AT LAW A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS 50t EAST ATLANTIC AVEN JE DELRAY BEACH~ FLORIDA 33483 (407) 276-2900 FAX ROBERT A. OITT~AN DONALD C. DOWLING (407) 27B-5~89 ROBERT W. FEDERSPIEL, P.A. WEST PALH BEACH LINE JOHN W. SPINNER (407) 736'0400 N~. David [ovace D~=ec~o~ o~ Develo~en~ Se=vice. City of Delray Beach 100 ~ 1st Avenue Delray Beach, FL 33444 S~cial Adjustment Advisory Board Relief O.C. Taylor Motors, Inc. Dear David= I represent ~thur J. Taylor and Tillie M. Taylor, who are the o~ere of the following parcels= P~i 1= Lots 1-11, inclusive~ Lots 34 through 36, inclusive~ Lots 37 through 39, inclusive; Lots 63 and 64 of McGI~Y ~ ~S~'S SUBDIVISION, as ~r Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 2, Page 87 As well as the ~andoned alle~ay running North and South which bisects said pro~rty lying between Northeast Seventh Street and Northeast Eighth Street~ and the~andoned road right-of-way running East and West bisecting said pro~y, fo~erly ~o~ as Northeast Seventh Court, lying between Northeast Fifth Avenue and Northeast Sixth Avenue. P~cel 2= Lots 12, 13 and 14~ the West 24 feet of Lot 15~ the West 24.0 feet of Lot 30~ Lots 31, 32 and 33~ and that part of the South half of the ~andoned right of way for N.E. 7th Cou~ ~andoned by City of Delray Beach Resolution No. R-74-656 recorded in Official Record Book 2347, Page 604 of the Public Records of Palm Beach County, Florida lyin~ adjacent to said West 24.0 feet of Lot 30 and Lo~s 31, 32, and 33, less the right of way for State Road No. 5 (U.S. Highway No. 1), less the West 5.0 feet of said Lots 12 and 33, and less that p~ of said Lot 12 included in the external area of a 15.0 feet radius arc, tangent to a line 5.0 feet East of and parallel with the West line of said Lot 12, said arc also being tangent to the South line of said Lot 12, all lying and being in MCGI~Y ~ ~S~'S SUBDIVISION according to the Plat thereof. recorded in Plat B~k 2, Page 87 of the Public Records of Palm Beach County, Florida T~ET~R WITH the West 24 feet of Lots 15 and 30, McGI~EY ~S~ SUBDIVISION, according to the Plat thereof recorded in Plat Book 2, Page 87, of the Public Records of Palm Beach County, Florida, together with the South Half of the ~andoned right of way of Northeast Seventh Court, lying ~ediately No~h of the ~ove described real pro~rty Mr. David Kovacs July 26, 1991 Page 2 Parcel 3: Lots 14-19, inclusive, HOFMAN ADDITION Subdivision, according to the Plat recorded in Plat Book 5, Page 3, of the Public Records of Palm Beach County, Florida, LESS the road right-of-way for Northeast Fifth Avenue (Southbound U.S. #1), and Lots 21 - 25, inclusive, HOFMAN ADDITION Subdivision, according to the Plat thereof recorded in Plat Book 5, Page 3, of the Public Records of Palm Beach County, Florida, LESS the road right-of-way for Northeast Sixth Avenue (Northbound U.S. #1) We believe that an error has been made in the rezoning of the above-described parcels and that the proper zoning for all three parcels would be AC. O.C. Taylor Motors, Inc. operates a full service auto dealership for Chrysler, Plymouth, Hyundai and Volkswagen upon Parcels 1 and 2. Our client utilizes a portion of Parcel 3 for vehicle storage pertaining to the full service dealership located on Parcels 1 and 2. As well, two buildings are leased out within Parcel 3 for use as an auto repair shop on the one hand and a paint and body shop on the other. Given the fact that the Acura dealership adjacent to our clients' property was zoned AC as well as other property to the South (the former Zankl site), it would appear to be inconsistent to not have zoned our clients' property AC as well and it is our opinion that the same has occurred as a result of a mistake or oversight. We request the Special Adjustment Advisory Board to review this matter as soon as possible and we remain available to discuss any matters relating to the situation with them. Thank you for your attention to this matter. Sincerely, ROBERT W. F~ERSPIEL, P.A. Robert ~ Federspiel br The owners he,by consent to the request herein set forth: KLORIDA, GENE~ REPULSE ~ PR~IDIN A ED ~ N.E. ~ N.E. ~H PART~CU~aLY ~RIIED HEREIN, C~IC~) ~I~T ~XUTO lEtTED ~RCI~ ~ONING ~P ~ ~LRAY REACH, FLO~I~ 1~; PROVIO(~ A GENE~L RE~ALEI P~I~ AN EF~IVE ~TE. AN OROI~E MI~ ~ THE CI~ ~ ~Y ~E ~IW C~T~ A PARCEL THE ~ SI~ ~ N.W. 4TN STREET, LYI~ ~STE~LY ANO A~CE~ TO THE UfflTED MET~IST CHU~ C?LI~, ~ ~E PARTICU~RY ~IIED HEREIN, P~ R-lA (Sl~ FMILY ~ESl~i~ DiSTR~ TO ~M~TW RAY B~CH, F~I~ ~; P~ C~; I~CH, P~ ~ THE ~ ~T~ USES ANO STR~ ~ 4~, ~ THE ~ ~ Cl~ ~ ~Y ~ ~IN ~ PRE~N~Y ~ $ IKLUSI~ ~ T~ A~ A~ THERE~ ~ ~ ~L.~T~ PARK. TG ~ WI~ LO~ ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY ~ANAGER~'~ SUBJECT: AGENDA ITEM ~ ~ - MEETING OF AUGUST 27, 1991 ORDINANCE NO. 59-91 DATE: August 22, 1991 This is a first reading of an ordinance correcting the zoning classification for three parcels of land located on the northwest and northeast corners of the intersection of N.E. 7th Street and N.E. 6th Avenue (O.C. Taylor) from GC (General Commercial) zone district to AC (Automotive Commercial) zone district and correcting the Official Zoning Map. The Special Adjustment Advisory Board determined that the placement of GC zoning instead of AC zoning on the property, while not necessarily inappropriate, may have been inadvertent. This ordinance addresses all three parcels. Parcels 1 and 2 are part of a full service automobile dealership. All other such operations were changed from SC to AC when the zoning district conversions were made. It is clear that an improper change occurred. Parcel 3, however, has different circumstances. There are at least two auto repair or paint and body work uses on this block which are not a part of the O.C. Taylor full service dealership (they are independently leased operations). The Commission may find that the GC zoning on Parcel 3 is appropriate and consistent with other zoning conversions undertaken with adoption of the LDRs and make no change or approve the change as proposed in this ordinance. In any case, the Commission by motion should so direct at first reading. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 59-91 on first reading. CITY COMM I S S I ON DOCU'MENTAT I ON TO: ~ ,Ti HARDEN, CITY MANAGER FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF AUGUST 27, 1991 CORRECTION ORDINANCE~ ZONING MAP - O.C. TAYLOR ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance correcting the Official Zoning Map. The affected property involves three contiguous areas owned by O.C. Taylor. They are all located on NE 6th Avenue, south of 8th Street. Auto use is in each location. BACKGROUND: These possible errors in the Official Zoning Map came to the attention of City officials through correspondence from Robert Feiderspeil, Attorney, representing the property owner. A request was made for consideration of special relief pursuant to Section 2.4.7(F)(2). The Special Advisory Board met and determined that the zoning may have been inadvertently changed. Please see letter of August 8th from Mr. Kovacs to Mr. Feiderspeil regarding their determination. ANALYSIS: Attached is a map which shows each of the three areas and the uses thereon. Clearly parcels 1 and 2 ~ part of a full service automobile dealership. All other such operations were changed from S.C. to A.C. when the zoning district conversions were made. It is clear that an improper change occurred. Parcel 3, however, has different circumstances. There are at least two uses on this block which have auto repair or paint and body work and which are not a part of the O.C. Taylor full service dealership (they are independently leased operations). In similar circumstances, at the time of conversion of the zoning, the A.C. zone district was not applied. The rationale for not applying the zoning was (and is) as follows: City Commission Documentation Meeting of August 27, 1991 Correction Ordinance, Zoning Map - O.C. Taylor Page 2 * previous to the LDRs, auto repair use was not allowed in SC zoning (except as a part of a full service dealership~ thus, all such uses along Federal Highway were nonconforming; * while there is an intent to allow such uses along Federal Highway, there was not an intent to accommodate all such uses in their present state, thus, their nonconforming status was not removed; * the owner of property which has such a business may petition for a rezoning and concurrent conditional use. During the review and approval process the appropriate degree of upgrading will then be determined. * NOTE: The above procedure, actions, and rationale pertain to used car lots also. Methods of Disposition re Parcel 3: Besides agreeing with the petitioner and "correcting" the zoning to A.C., the City Commission may find that the zoning on Parcel 3, as GC, is appropriate and consistent with other zoning conversions undertaken with adoption of the LDRs and make no change. If this action is taken, the property owner still has the option to make a formal application and proceed through the formal process for rezoning and conditional use approval with the parcel being considered on its own merits (as opposed to the general rationale used in the conversion). If the City Commission feels that the attendant fees ($900 for zoning, $450 conditional use) are not appropriate to be charged given the situation, they may waive those fees. PLANNING AND ZONING BOARD CONSIDERATION Since this item is being considered under the special relief provisions of the LDRs and pertains to the inadvertent or inappropriate nature of the action, the Planning and Zoning Board is not involved. RECOMMENDED ACTION: By motion, approval of the correcting ordinance but only as it pertains to parcels 1 and 2. Attachment: * Ordinance prepared by others * Letter of petition by Robert Feiderspeil * Response letter by David Kovacs * Parcel description map (Dearden) REF/DJK#84/CCTAYLOR.TXT £iT¥ DF DELRIIY IEtEflt:H 100 r,.l V! l~t AVEt;!,)E ,, DELRAY BEACH, FLO[~IDA 33444 ,, 407/2,13-7000 August 8, 199l Robert Feiderspeil, Attorney 501 East Atlantic Avenue Delray Beach, FL 33483 Re: Special Zoninq Relief - O.C. Taylor Dear Robert: This letter confirms a determination made by the Special Adjustment Advisory Board with regard to the zoning on the above property. The determination of the Board was that the placement of GC zoning instead of AC zoning on the property, while not necessarily inappropriate, may have been inadvertent. Their determination was based on the following rationale: * All other full service automobile dealerships were placed in the AC Zone District designation. There was no record that those properties which have dealership use were to be treated differently. * While parcel 3 is not necessarily, in its entirety associated with the dealership - by virtue of common ownership - it is appropriate to revisit the zoning designation concurrent with the correcting ordinance for parcels 1 and 2. Accordingly, a correcting ordinance will be prepared and placed before the City Commission for first reading on August 27, 1991, unless you request otherwise. dially, ~. ~D~ ~~o~va c~s~,~ C~c t or Department of Planning and Zoning DJK/cm c: Jeff Kurtz, City Attorney Thomas Purdo, Board Member Wm. F. Andrews, Board Member Jerry Sanzone, Board Member Special Relief Fil~.~ U~T",tl A,'",t,~: ATTORNEYS At LAW A PARTNERSHIP {NCLUDING PROFESSIONAL ASSOCIATIONS DELRAY BEACH~ FLORIDA 33483 (407) 276-2900 DONALD C. DOWLING (407) 276-5489 ROBERT W, FEDERSPIEL, P.A. WEST PALM BEACH LINE JOHN W, SPINNER (407) 736-0400 Director of Development Services City of Delray Beach ~00 ~ ~=t avenue Delray Beach, FL 33444 O.C. Taylor Moto~B~ Inc. Dear I represent ~thur J. Taylor and Tillie M. Taylor, who are the o~ers of the following parcels J P~cel 1= Lots 1-11, inclusive~ Lots 34 through 36, inclusive~ Lots 37 ~hrough 39, inclusivel Lo~s 63 and 64 of ~cGINLEY SUBDIVISION, aB ~r Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 2, Page 87 As well as the ~andoned alle~ay running No~h and South which bisects said property Lying between Northeast Seventh Street and Northeast Eighth Btreetl and the ~andoned road right-of-way running East and West bisecting said pro~rty, fo~erly ~o~ as Northeast Seventh Court, lying between Northeast Fifth Avenue and Northeast Sixth Avenue. P~cel 2~ Lots 12, 13 and 141 the West 24 feet of Lot 151 the West 24.0 feet of Lot 301 Lots 31, 32 and 33; and that part of the South half of the ~andoned right of way for N.E. 7th Court ~andoned by City of Delray Beach Resolution No. R-74-656 recorded in Official Record Book 2347, Page 604 of the Public Records of Palm Beach County, Florida lyinq adjacent to said West 24.0 feet of Lot 30 and Lots 31, 32, and 33, less the right of way for State Road No. 5 (U.S. Highway No. 1), less the West 5.0 feet of said Lots 12 and 33, and less that part of said Lot 12 included in the external area of a 15.0 feet radius arc, tangent to a line 5.0 feet East of and parallel with the West line of said Lot 12, said arc also being tangent to the South line of said Lot 12, all lying and being in MCGI~EY ~ ~S~'S SUBDIVISION according to the Plat thereof recorded in Plat Book 2, Page 87 of the Public Records of Palm Beach County, Florida T~ET~R WITH the West 24 feet of Lots 15 and 30, McGI~EY ~D ~S~ SUBDIVISION, according to the Plat thereof recorded in Plat Book 2, Page 87, of the Public Records of Palm Beach County Florida, together with the South Half of the ~andoned right of way of Northeast Seventh Court, lying ~ediately North of the ~ove described real property Mr. David Kovacs July 26, 1991 Page 2 Parcel 3: Lots 14-19, inclusive, HOFMAN ADDITION Subdivision, according to the Plat recorded in Plat Book 5, Page 3, of the Public Records of Palm Beach County, Florida, LESS the road right-of-way for Northeast Fifth Avenue (Southbound U.S. #1), and Lots 21 - 25, inclusive, HOFMAN ADDITION Subdivision, according to the Plat thereof recorded in Plat Book 5, Page 3, of the Public Records of Palm Beach County, Florida, LESS the road right-of-way for Northeast Sixth Avenue (Northbound U.S. #1) We believe that an error has been made in the rezoning of the above-described parcels and that the proper zoning for all three parcels would be AC. O.C. Taylor Motors, Inc. operates a full service auto dealership for Chrysler, Plymouth, Hyundai and Volkswagen upon Parcels i and 2. Our client utilizes a portion of Parcel 3 for vehicle storage pertaining to the full service dealership located on Parcels i and 2. As well, two buildings are leased out within Parcel 3 for use as an auto repair shop on the one hand and a paint and body shop on the other. Given the fact that the Acura dealership adjacent to our clients' property was zoned AC as well as other property to the South (the former Zankl site), it would appear to be inconsistent to not have zoned our clients' property AC as well and it is our opinion that the same has occurred as a result of a mistake or oversight. We request the Special Adjustment Advisory Board to review this matter as soon as possible and we remain available to discuss any matters relating to the situation with them. Thank you for your attention to this matter. Sincerely,  ~ERSPIEL, P.A. , ROBERT W. br Federspiel The owners hereby consent to the request he~in set forth: Tillie M. Taylor~ ORDINANCE NO. 59-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR THREE PARCELS OF LAND LOCATED ON N.E. 6TH AVENUE, SOUTH OF N.E. 8TH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM GC (GENERAL COMMERCIAL) DISTRICT TO AC (AUTO RELATED COMMERCIAL) DISTRICT; AND CORRECTING "ZONING MAP OF DELRAY' BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is shown as being zoned GC (General Commercial) District on the Zoning District Map of the City of Delray Beach, Florida, dated October 1, 1990; and, WHEREAS, a review of City records indicates that such zoning classification was inadvertently applied to said property; and, WHEREAS, Section 2.4.7(F) (2) of the Land Development Regula- tions has made provisions for relief from improper regulations; and, WHEREAS, a request has been made with respect to the subject property and has been reviewed by the Special Adjustment Advisory Board, with a determination that the zoning may have been inadvertently changed; and, WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated October 1, 1990, be corrected to reflect the proper zoning classification thereof, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated October 1, 1990, be, and the same is hereby corrected to reflect a zoning classification of AC (Auto Related Commercial) District for the following described property: Parcel 1: Lot 1-11, inclusive; Lots 34 through 36, inclusive; Lots 37 through 39, inclusive; Lots 63 and 64 of McGINLEY AND GOSMAN'S SUBDIVISION, as per Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 2, Page 87 As well as the abandoned alleyway running North and South which bisects said property lying between N.E. 7th Street and N.E. 8th Street; and the abandoned road right-of-way running East and West bisecting said property, formerly known as N.E. 7th Court, lying between N.E. 5th Avenue and N.E. 6th Avenue. Parcel 2: Lots 12, 13 and 14; the West 24 feet of Lot 15; the West 24.0 feet of Lot 30; Lots 31, 32 and 33; and that part of the South half of the abandoned right-of-way for N.E. 7th Court abandoned by City of Delray Beach Resolution No. R-74-656 recorded in Official Record Book 2347, Page 604 of the Public Records of Palm Beach County, Florida, lying adjacent to said West 24.0 feet of Lot 30 and Lots 31, 32 and 33, less the right-of-way for State Road No. 5 (U.S. Highway No. 1), less the West 5.0 feet' of said Lots 12 and 33, and less that part of said Lot 12 included in the external area of a 15.0 feet radius arc, tangent to a line 5.0 feet East of and parallel with the West line of said Lot 12, said arc also being tangent to the South line of said Lot 12, all lying and being in McGINLEY AND GOSMAN'S SUBDIVISION according to the Plat thereof recorded in Plat Book 2, Page 87 of the Public Records of Palm Beach County, Florida TOGETHER WITH the West 24 feet of Lots 15 and 30, McGINLEY AND GOSMAN'S SUBDIVISION, according to the Plat thereof recorded in Plat Book 2, Page 87, of the Public Records of Palm Beach County, Florida, together with the South Half of the abandoned r~ght-of-way of N.E. 7th Court, lying immediately North of the above described real property. Parcel 3: Lots 14-19, inclusive, HOFMAN ADDITION Subdivision, according to the Plat recorded in Plat Book 5, Page 3, of the Public Records of Palm Beach County, Florida, LESS the road right-of-way for N.E. 5th Avenue (Southbound U.S. ~1), and Lots 21 - 25, inclusive, HOFMAN ADDITION Subdivision, according to the Plat thereof recorded in Plat Book 5, Page 3, of the Public Records of Palm Beach County, Florida, LESS the road right-of-way for N.E. 6th Avenue (Northbound U.S. #1). Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning 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 , 1991. MAYOR ATTEST: City Clerk First Reading Second Reading -2- Ord. No. 59-91