73-91 FAILED O~ SECOND AND FINAL READING - 11/26/91
ORDINANCE NO. 73-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN GC
(GENERAL COMMERCIAL) DISTRICT, IN PART PC (PLANNED
COMMERCIAL) DISTRICT, IN PART, AND AC (AUTOMOTIVE
COMMERCIAL) DISTRICT, IN PART; SAID LAND BEING LOTS 1,
2, 3 AND TRACT "B", DBO ACRES, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 63, PAGE 13 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 GC
(General Commercial) District, in part, PC (Planned Commercial)
District, in part, and AC (Automotive Commercial) District, in part, as
defined in Chapter Four of the Land Development Regulations of Delray
Beach, Florida, to-wit:
Lots 1, 2, 3 and Tract "B", DBO Acres, according to
the Plat thereof recorded in Plat Book 63, Page 13 of
the Public Records of Palm Beach County, Florida.
The above described parcel contains a 5.481 acre
parcel of land, more or less.
The subject property is located on the south side of
Linton Boulevard between S.W. 4th Avenue and the
Florida East Coast (FEC) Railroad, 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conflict herewith be, and the same are hereby repealed.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 , 1991.
MAYOR
ATTEST:
City Clerk
First Reading September 24, 1991
Second Reading
FAILED ON SECOND AND FINAL READING - 11/26/91
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
ORDINANCE NO. 73-91
DATE: November 22, 1991
This is a continuation of second reading of an ordinance rezoning
property located on the southeast corner of Linton Boulevard and S.W.
4th Avenue (D.BoO. Acres plat) from PC (Planned Commercial) zone
district to AC (Automotive Commercial) zone district in part, GC
(General Commercial) zone district in part, and PC (Planned
Commercial) zone district in part.
First reading of this ordinance was held at your September 24th
meeting, at which time the applicant modified his request. That
modification was to seek GC zoning for the existing Exxon and
Kentucky Fried Chicken sites, GC for an additional area (new lot), AC
for a proposed site (Tire Kingdom), with the balance of the site
being retained in PC zoning. The Commission remanded the modified
proposal back to the Planning and Zoning Board for their
recommendation. The Planning and Zoning Board was scheduled to take
action on this item at their October 21st meeting; however, the
applicant requested a continuance until November 18, 1991.
As this ordinance had been advertised for public hearing at the
October 29th City Commission meeting, the Commission opened the
public hearing for comments and continued final action on this
ordinance to their November 26th meeting.
Subsequently, the Planning and Zoning Board at their November 18th
meeting reviewed the modified petition. It was the consensus of the
Board that if the modified petition is approved, the development
potential for the balance of the property retained in PC would be
limited to similar uses, i.e. fast food restaurants. The Board
recommended denial of the modified request on a 4-1 vote.
Additionally, the Board recommended that if any change is made to
accommodate the original zoning request it should be subject to the
condition that prior to second reading, proof is provided that the
entry adjacent to KFC can be closed and a more substantial, central
entry can be provided. If this cannot be accommodated, the Board
recommends that the entire property remain PC.
The caption advertised for public hearing contained the applicant's
modification, and in light of the Planning and Zoning Board's
recommendation, staff recommends that the Commission deny this
ordinance and reconsider the original rezoning request on first
reading. That ordinance is located elsewhere on your agenda for
action.
BOCA RATON' DELRAY BOYNT¢)N BI~AC, II' I)I".EREI£LI) BEA£11
Published Daily
Monday through Sunday
Boca Baton, Palm Beach County, Florida
Dolray Beach, Palm Beach County, Florida,:~
COUNTY OF PALM ~EAC~
Before the undersigned authority personally
appoarod N~ncy Smith, Instdo 8ales Man-
ager of The News, daily newspapers pub-
lished tn Boca Aaron In Palm Beach. County, ~"~,';~, '
Florida; that tho attached copy of advertise-
ment was published in said newspapers In
the issues of:
PROVIDI~ A GENERAL,
~VIDING
B~CH,' FLOR~ RE~
CIAL) DISTR~T fN ~ qGE~R~L
~RCIAL) DISTRICT, IN PART
CT, IN
Affiant further says that The News Is a
newspaper published In Boca ~aton, In said
Palm Beach County, Florida, Monday
through Sunday, and has been entered as
second class matter at the post office tn
Boca Baton, Palm Beach County Florida, ~,,~c~;
' E~E~IyE DATE '
fo~ a porlod of one year nex[ preceding [he
ftrsg public. Mort of [he ~[~eh~d copy of
he has neither paid nor promised any ~~.~
person, firm or corporation any discount,
rebate, commission or refund for the pur-
pose of securing this advertisement for pub-
ltcatton tn said newspapers. ~0m~ I
Sworn to and subscribed before me thts
My Commission ~
ORDINANCE NO. 73-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN GC
(GENERAL COMMERCIAL) DISTRICT, IN PART PC (PLANNED
COMMERCIAL) DISTRICT, IN PART, AND AC (AUTOMOTIVE
COMMERCIAL) DISTRICT, IN PART; SAID LAND BEING LOTS 1,
2, 3 AND TRACT "B", DBO ACRES, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 63, PAGE 13 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 GC
(General Commercial) District, in part, PC (Planned Commercial)
District, in part, and AC (Automotive Commercial) District, in part, as
defined in Chapter Four of the Land Development Regulations of Delray
Beach, Florida, to-wit:
Lots 1, 2, 3 and Tract "B", DBO Acres, according to
the Plat thereof recorded in Plat Book 63, Page 13 of
the Public Records of Palm Beach County, Florida.
The above described parcel contains a 5.481 acre
parcel of land, more or less.
The subject property is located on the south side of
Linton Boulevard between S.W. 4th Avenue and the
Florida East Coast (FEC) Railroad, 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 , 1991.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: PAUI~DORLING, PLANNER II
THRU: DAVID J. KOVA~S, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
RE: MEETING OF NOVEMBER 26, 1991
ORDINANCE 73-91 - REZONING OF D.B.O. ACRES FROM PC TO
GC IN PART AND AC IN PART
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of Ordinance 73-91 on second reading.
BACKGROUND:
The City Commission considered the ordinance on first reading at
its meeting of September 24, 1991. This ordinance involved a
request to change 4.68 acres of the D.B.O. Acres site from PC to
GC (including existing Exxon, KFC and vacant 3.15 acres) and .80
acres from PC to AC to allow a Tire Kingdom store. During
discussions with the City Commission the applicant proposed to
amend his request to seek GC for the existing Exxon and KFC
sites, GC for an additional area (new lot), AC for a proposed
Specialty Service Shop and retain the balance of the site as PC.
The City Commission accepted the modification and remanded the
revised proposal to the Planning and Zoning Board's October 21,
1991 meeting. The applicant requested a continuance to the
November 18, 1991 Planning and Zoning Board meeting. As the
public hearing before City Commission was advertised the City
Commission took public testimony on October 29, 1991 and
continued the second reading to November 26, 1991.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed the modified
petition at its November 18, 1991 meeting. It was the consensus
of the Board that if the modified petition is approved the
development potential for the balance of the property (to be
retained in PC) would be limited to similar uses (fast food
restaurants). Given this factor the Board felt it was
appropriate to look at the modified petition in the concept of
whether the entire parcel should be developed in small fast food
City Commission Documentation
Ordinance 73-91 - Rezoning of D.B.O. Acres from PC to GC in Part
and AC in Part
Page 2
restaurants building or the site should be retained as PC in the
anticipation of a more substantial development. The Board
recommended denial of the modified request on a 4 to 1 vote
(Purdo dissenting) but recommended if a change is made, it be to
accommodate the original rezoning request subject to the
following condition:
* That prior to second reading, proof is provided that the
entry adjacent KFC can be closed and a more substantial
central entry can be provided. If this cannot be
accommodated the Board recommendation would be that the
property remain PC (denial of the modified and original
requests).
RECOMMENDED ACTION:
Deny the modified request on second reading and reconsider the
original rezoning request on first reading.
PD/#44/CC73-91.TXT
iTANNING & ZO. .NG BOARD
Y OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE:
.September 16, 1991
AGENDA ITEM:
ITEM:
Rezonin~ from PC to GC and AC, D.B.O. Plat
GENERAL DATA:
Owner ........................... Dan Burns Oldsmobile, Inc.
and Jaun Gavilan
Agent ........................... Kieran J. Ktlday and
Location ........................ On the south side of Llnton
Boulevard between S.W. 4th Avenue
and the Florida East Coast
(F.E.C.) Railroad.
Property Size ................... $.481 Acres
City Land Use Plan .............. General Commercial and
Industrla!
Current Zoning .................. PC (Planned Commercial)
Adjacent Zoning ................. Land to the north o! the subject
property is zoned MIt (Htxed
Industrial & Commercial) and
! (Industrial), to the south is
I (Industrial), and to the
east and west is PC.
Proposed Zoning ................. GC (Genera[ Commercial) and
AC (Auto Related Commercial).
Existing Land Use ............... Gas station/convenience store,
fast food restaurant and vacant.
Proposed [.and Use ............... Existing buildings remain as ts,
and addition of three "fast-food"
establishments, and an automotive
service shop.
Water Service ................... Existing 8' water main runs along
the north, east and most of the
south side of the subject
property.
Sewer Service ................... Existing 9" sanitary sewer line
runs along utility road In the
southwest corner of the property,
into parcel t3.
COLLINS
/
D[LRAY I~ALL
sEur-$TORAOr HORTON TIRE
UNTON BOULEVARD
· . :'... :'....,
COSTCO
STATION
DEI. RAY
LAV£R'S LIhlCOLH-
NORTH ~£RCURY
' ' ~ ' "
RE:ZON:[NG Fl~Olfl PC 'TO GC & AC
~41LI~. R PARK
., ... M/C )
- PC
L. $[ U'- ST OII,t.C,[ HORTON 1IR[
UNION BOUL[VARD
PC PC
'..:'..:
COSTCO "-' "-'"-' ".' ".'
11 Ill il f
$1ATIOH
NORTH ~I, RC:URY uJ
REZON1NG FROM PC '[0 GC & AC
UlLl.[ R PARK
t
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~~
SUBJECT: AGENDA ITEM ~ ~0~ - MEETING OF OCTOBER 29L 1991
ORDINANCE NO. 73-91
DATE: October 23, 1991
This is a second reading of an ordinance rezoning property located on
the southeast corner of Linton Boulevard and S.W. 4th Avenue (D.B.O.
Acres plat) from PC (Planned Commercial) zone district to AC
(Automotive Commercial) zone district in part, GC (General
Commercial) zone district in part, and PC (Planned Commercial) zone
district in part.
First reading of this. ordinance was held at your September 24th
meeting, at which time the applicant modified his request. The
Commission remanded the modified proposal back to the Planning and
Zoning Board for their recommendation. The Planning and Zoning Board
was scheduled to take action on this item at their October 21st
meeting; however, the applicant has requested a continuance until
November 18, 1991.
This ordinance has been advertised for public hearing at the
October 29th City Commission meeting. As the Planning and Zoning
Board will not be taking action on this ordinance prior to that
meeting, staff recommends that the Commission conduct the public
hearing and continue final action until your November 26th meeting.
Recommend public hearing be held on Ordinance No. 73-91 on October
29th and defer final action until November 26, 1991.
CITY COMMISSION DOCUMENTATION
TO: //~VID T. HARDEN, CITY MANAGER
DEPARTMENT OF PLANNING AND ZONING
FROM: PAUL DORL I ~,~~
RE: MEETING OF OCTOBER 29, 1991
ORDINANCE REZONING D.B.O. ACRES FROM PC TO GC AND AC
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
continuance of the second reading of a rezoning ordinance
affecting D.B.O. Acres by changing designations from PC to
GC and AC.
BACKGROUND:
The City Commission considered the ordinance on first reading at
its meeting of September 24, 1991. This ordinance involved a
request to change 4.68 acres of the D.B.O. Acres site from PC to
GC (including existing Exxon, KFC and vacant 3.15 acres) and .80
acres from PC to AC to allow a Tire Kingdom store. During
discussions with the City Commission the applicant proposed to
amend his request to seek GC for the existing Exxon and KFC
sites, GC for an additional area (new lot), AC for a proposed
Specialty Service Shop and retain the balance of the site as PC.
The City Commission excepted the modification and remanded the
new proposal back to the Planning and Zoning Board's October 21,
1991 meeting. Second reading before the City Commission was
scheduled for October 29, 1991 and has been advertised. However,
the applicant requested a continuance to the November 18, 1991
Planning and Zoning Board meeting. To receive the Planning and
Zoning Board recommendation at second reading of the ordinance a
continuance to the November 26, 1991 City Commission meeting will
be required.
RECOMMENDED ACTION:
Hold the public hearing and then continue second reading
consideration of the ordinance rezoning D.B.O. Acres from PC to
GC and AC to the November 26, 1991 City Commission meeting.
ATTACHMENT:
* Letter of Continuance
Kilday Et A~oclate~
Landscape Architects/Planners
1551 Forum Place
Suite 100A
West Palm Beach, Florida 33401
(407) 689-5522 · Fax: (407) 689-2592
October 2, 1991
Mr. Paul Dorling, Planner II
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, F1 33444
Re: DBO Acres Rezoning
Dear Paul,
Pursuant to our telephone conversation this morning,
please be advised that we are requesting a postponement
of the scheduled Planning Board Hearing on October
21, 1991. This postponement request is a result of
last month's City Commission Hearing in an effort
to modify our rezoning application. At this time
our office is working on the site plan for a proposed
fast-food restaurant on parcel number three to determine
the zoning boundary line.
With this postponement, it is my understanding that
the application would be carried on to the November
18, 1991 Planning Board Agenda. Please contact me
if this is incorrect. I would also like to know when
your deadline is for re-submitting any revised
applications, plans, etc. and whether any filing fees
will be required with re-submittals.
Please feel free to contact me with any questions
or comments.
Sincerely,
LAW/cdd ~'~'-
cc: Dan Burns
Jerry Lehman
Rick Olson
Yvonne Ziel
file;702.2
ORDINANCE NO. 73-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN GC
(GENERAL COMMERCIAL) DISTRICT, IN PART PC (PLANNED
COMMERCIAL) DISTRICT, IN PART, AND AC (AUTOMOTIVE
COMMERCIAL) DISTRICT, IN PART; SAID LAND BEING LOTS 1,
2, 3 AND TRACT "B", DBO ACRES, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 63, PAGE 13 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 GC
(General Commercial) District, in part, PC (Planned Commercial)
District, in part, and AC (Automotive Commercial) District, in part, as
defined in Chapter Four of the Land Development Regulations of Delray
Beach, Florida, to-wit:
Lots 1, 2, 3 and Tract "B", DBO Acres, according to
the Plat thereof recorded in Plat Book 63, Page 13 of
the Public Records of Palm Beach County, Florida.
The above described parcel contains a 5.481 acre
parcel of land, more or less.
The subject property is located on the south side of
Linton Boulevard between S.W. 4th Avenue and the
Florida East Coast (FEC) Railroad, 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 , 1991.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~;~
SUBJECT: AGENDA ITEM ~ ~ ~ - MEETING OF SEPTEMBER 24, 1991
ORDINANCE NO. 73-91
DATE: September 20, 1991
This is a first reading of an ordinance rezoning property located on
the southeast corner of Linton Boulevard and S.W. 4th Avenue (D.B.O.
Acres plat) from PC (Planned Commercial) zone district to AC
(Automotive Commercial) zone district in part and GC (General
Commercial) zone district in part.
This parcel has a long development history. In July of 1988 the
parcel was annexed into the City with initial zoning of GC (General
Commercial). In September and October 1988, respectively, the
Commission approved a site plan for a Kentucky Fried Chicken
Restaurant and Exxon Service Station. In March 1989, the Commission
approved a final plat for the entire 5.72 acres parcel, which
contained three lots, with Lot 3 being allocated for future office
use.
Subsequently, during the Citywide rezonings associated with the
adoption of the Land Development Regulations, this parcel was rezoned
from GC (General Commercial) to PC (Planned Commercial). The reason
for PC zoning was that the site had a general "master plan" and it was
desired that Lot 3 be developed for a single use. The applicant is
now requesting that the parcel be rezoned from PC to GC and AC, with
Lot 3 and subsequently being subdivided into four separate lots.
The development proposal is to seek a rezoning of approximately 4.68
acres from PC to GC and .80 acres from PC to AC. The 4.68 acres
includes the existing Exxon Station , the Kentucky Fried Chicken, and
a portion of Lot 3. The accompanying sketch plan shows three, 3,000
square feet, fast food restaurants on that portion of Lot 3 proposed
for GC zoning. The balance of Lot 3 is to go from PC to AC to support
a 6,435 square foot Tire King~om Store.
Concerns with the requested zoning change relate to two specific
areas. The first being the effect of removing the minimum building
size with the adoption of GC and AC zoning designations. Removal
would allow development of smaller buildings and given the
configuration of the parcel, development of strip commercial uses
contrary to Land Use Policy A-1.3.
The second concern is the effect of the traffic associated with the
increased development potential of GC or AC zoning.
The Planning and Zoning Board at their September 16th meeting
recommended denial of the rezoning.
Recommend consideration of Ordinance No. 73-91 on first reading.
ORDINANCE NO. 73-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN GC
(GENERAL COMMERCIAL) DISTRICT, IN PART,~AND AC (AUTO
RELATED COMMERCIAL) DISTRICT, IN PART;~S~T~ LAND BEING
LOTS 1, 2, 3 AND TRACT "B", DBO ACRES, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 63, PAGE 13 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 GC
(General Commercial) District, in part, and AC (Auto Related Commercial)
District, in part, as defined in Chapter Four of the Land Development
Regulations of Delray Beach, Florida, to-wit:
Lots 1, 2, 3 and Tract "B", DBO Acres, according to
the Plat thereof recorded in Plat Book 63, Page 13 of
the Public Records of Palm Beach County, Florida.
The above described parcel contains a 5.481 acre
parcel of land, more or less.
The subject property is located on the south side of
Linton Boulevard between S.W. 4th Avenue and the
Florida East Coast (FEC) Railroad, 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 , 1991.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
CITY COMM I S S I ON DOCUMENTATION
TO:~ /---~VID T. HARDEN, CITY MANAGER
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 24, 1991
ORDINANCE REZONING D.B.O. ACRES FROM PC TO GC AND AC
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a rezoning ordinance affecting D.B.O. Acres by
changing designations from PC to GC and AC.
D.B.O. Acres is comprised of approximately 5.5 acres and is
located on the south side of Linton Boulevard between the
F.E.C. Railway and S.W. 4th Avenue.
BACKGROUND:
Please refer to the attached Planning and Zoning Board staff
report for a full discussion of this application. The bottom
line of this rezoning request is that the 6,000 sq.ft, minimum
floor area requirement (per building) would no longer apply; thus
allowing development of some uses (e.g. fast food and drive
through restaurant) which otherwise would not be accommodated.
Also, the AC portion of the request would accommodate a Tire
Kingdom business.
Significant concerns include:
* intensity of site usage and resulting general increase
in traffic along Linton Boulevard.
* median opening location and impact upon existing
businesses to the north (again a factor of intensity of
traffic).
* queueing length along S.W. 4th Avenue and congestion
associated therewith.
* conflict with Land Use Policy through which additional
strip commercial development is to be avoided.
City Commission Docmentation
Ordinance Rezoning D.B.O. Acres from PC to GC and AC
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of September 16, 1991. There was considerable discussion
and presentation by the project agent. Agreements were put forth
as to a valid reason for the rezonings and as to why the
resulting development would not constitute strip commercial
development.
A motion to recommend approval failed on 2-5 vote (Kellerman and
Parker in the minority). Thus, the petition comes before the
City Commission without a recommendation for approval.
The project agent stated that an alternative consideration of
rezoning only the eastern portion to AC would be acceptable;
however, there Was no further action taken by the Board.
RECOMMENDED ACTION:
By motion, DENIAL of this Ordinance on First Reading based upon
the failure to obtain a recommendation of approval (rejection of
argument that a valid reason for the rezoning was presented) or
a determination of consistency (conflict with Section 3.3.2 of
the LDRs) with the Comprehensive Plan from the Planning and
Zoning Board.
Attachment:
* P&Z Staff Report & Documentation of September 16, 1991
DJK/#85/CCDBO.TXT
PLANNING & ZONING BOARD
CITY OF DELRAY BEACH STAFF REPORT---
MEETING DATE: September 16, 1991 "'
AGENDA ITEM: IV.A
ITEM:
Rezoning from PC to GC and AC, D.B.O. Plat
GENERAL DATA:
Owner ........................... Dan Burns Oldsmobile, Inc.
and Jaun Gavilan
Agent ........................... Kieran J. Kllday and
Location ........................ On the south side of Llnton
Boulevard between S.W. 4th Avenue
and the Florida East Coast
(F.E.C.} Railroad.
Property Size ................... 5.481 Acres
City Land Use Plam .............. General Commercial and
Industrial
Current Zoning .................. PC (Planned Commercial)
Adjacent Zoning ................. Land to the north of the subject
property is zoned MIC (Mixed
Industrla! & Commercial) and
I (Industrial), to the south is
I (Industrial), and to the
east and west ia PC.
Proposed Zoning ................. GC (General Commercial) and
AC (Auto Related Commercial).
Existing Land Use ............... Gas station/convenience store,
fast food restaurant and vacant.
Proposed Land Use ............... Existing buildings remain as is,
and addition of three "fast-food"
establishments, and an automotive
service shop.
Water Service ................... Existing 8" water main runs along
the north, east and most of the
south side of the subject
property.
Sewer Service ................... Ex/sting $" sanitary sewer ]ins
runs along utility road in the
southwest corner of the property,
into parcel ~3.
ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation on a
proposed Rezoning from PC (Planned Commercial) to GC (General
Commercial) and AC (Auto Commercial).
The subject property is located on the south side of Linton
Boulevard between $.W. 4th Avenue and the FEC Railway.
BACKGROUND:
In July 1986, the 5.724 acre parcel was before the Planning and
Zoning Board for assignment of City Land Use Designation to
County parcels which where in the the City's planning areas. The
Board recommended a change for this parcel from the County
designation of LI (Light Industrial) to City designation of 0
(Office).
The City Commission heard the proposal on August 12, 1986, and
sent it to the State for a 90 day review period. On December 2,
1986, the City Commission considered Ordinance No. 105-86 on
first reading (Land Use change from LI to O) and deferred action.
On December 16, 1986 a replacement Ordinance No. 164-86 to change
the land use from County (LI) to (C) Commercial was considered
and passed on second reading December 30, 1986.
On May 16, 1988 the Planning and Zoning Board recommended
approval of a voluntary annexation with initial zoning of GC
(General Commercial). The City Commission approved the request on
July 12, 1988 via Ordinance No. 55-88. On September 19, 1988 the
Planning and Zoning Board recommended approval of the DBO acres
preliminary plat containing three lots. At that same meeting
recommendations of approval of site plans were forwarded to the
City Commission for an Exxon Station (Lot 1) and Kentucky Fried
Chicken (Lot 2).
The City Commission approved the site plan on Kentucky Fried
Chicken on September 27, 1988 and the Exxon site plan on October
11, 1988.
The final plat for the entire 5.72 acres, containing three lots,
(Lot 3 was allocated for future office use) was recommended for
approval on November 21, 1988 by the Planning and Zoning Board.
The final plat was approved by the City Commission on March 28,
1989.
During the Citywide rezonings associated with the adoption of the
LDR's in September, 1990, the parcel was rezoned from GC (General
Commercial) to PC (Planned Commercial). The reason for PC zoning
was that the site had a general "master plan" and it was desired
that Lot 3 be developed for a single use. The applicant is now
requesting to rezone the parcel from PC to GC and AC and
subsequently, subdivide Lot 3 into 4 separate lots.
P&Z Sta'ff Report
DBO Acres
Page 2 ~.
PROJECT DESCRIPTION:
The development proposal is to seek a rezoning of approximately
4.68 acres from PC Planned Commercial to GC General Commercial
and .80 acres from PC to AC. The 4.68 acres includes the
existing Exxon Station (Lot 1), the Kentucky Fried Chicken (Lot
2) and a portion of Lot 3. The accompanying sketch plan shows
three 3,000 sq.ft, fast food restaurants on that portion of Lot 3
proposed as GC. The balance of Lot 3 (.80 acres) is to go from
PC to AC (Automobile Commercial) to accommodate a 6,435 sq.ft.
Tire Kingdom store.
ZONING ANALYSIS:
The current zoning designation for the entire parcel is PC
Planned Commercial. When this designation was affixed to the
parcel in September, 1990 it was noted that the proposed Exxon
(lot 1) and KFC (lot 2) would be nonconforming with respect to
the required minimum building size (6,000 sq.ft.). The PC
designation was given to the entire parcel to ensure the balance
of the site would be a unified development with large buildings,
common access and interhal circulation patterns. The proposed
zoning change to GC would remove restrictions on minimum lot
sizes and minimum building sizes thereby allow development of
several small individual lots with smaller buildings. Further,
given the depth of the property, this development potential would
lead to the creation of strip commercial uses.
The proposed AC zoning change, while carrying a similar lot size
restriction as the PC (10,000 sq.ft.), does not have minimum
building sizes. Rezoning would promote development of a small
lot and smaller building than may be considered if the entire
property was to be developed under a unified PC zoning
designation. Further, the AC district is restrictive in terms of
land use. Given the Proposed parcel size, only auto repair, auto
parts sales, and/or speculative service shops could be
accommodated.
Concerns over common access are controlled by the recorded plat
through a limited access easements. Though a replat must be
provided for the subdivision of'Lot 3 the conceptual plan retains
previous access restrictions. The accompanying sketch plan also
provides shared internal circulation via extension of the
existing ingress/egress easement provide along the south property
line across Lots 1 and 2.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
P&Z Staff Report
DBO Acres
Page 3
This may b~ 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 accompanying sketch plan includes the existing gasoline
station, an existing fast food restaurant, 3 future fast food
restaurants lots to be zoned GC and a tire store parcel to be
zoned AC. The existing gasoline station as well as the existing
and proposed restaurant uses are allowed in the GC (General
Commercial) zoning district. The Tire Kingdom use (specialty
service shops) is allowed as a conditional uses in the AC (Auto
Commercial) zoning district. The GC and AC zoning districts are
consistent with the underlying General Commercial land use
designation.
In reviewing the land use designation for the property a drafting
error in the land use designation was uncovered. A 62' strip
along the south boundary of the parcel is indicated on the Land
Use Map as LI (Light Industrial). As the entire property was
under single ownership and zoned PC to promote a unified
development it is clearly a scrivener's error. The Land Use Map
will be amended when changes are made with the adoption of
Amendment 91-1.
Concurrency:
Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a
Certificate of Occupancy. These facilities shall be provided
pursuant to levels of service established within the
Comprehensive Plan. For sewer and water, concurrency shall mean
that direct connection to a functioning municipal system is made.
For streets (traffic), drainage, open space (parks), and solid
waste, concurrency shall be determined by the following:
* The improvement is in place prior to issuance of the
occupancy permit;
* The improvement is bonded, as part of the subdivision
improvements agreemen~ or similar instrument, and there is a
schedule of completion in the bonding agreement;
* The improvement is part of a governmental capital
improvement budget; it has been designed; and a contract for
installation has been solicited.
P&Z Staff Report ,
DBO Acres
Page 4
...
Water:
Water exists to the site via main extensions constructed with
development of Lots 1 and 2 (Exxon and KFC) An 8" main has been
extended along Linton Boulevard and south along the east property
line. The water main then connects into an existing main in the
industrial park to the south. Fire hydrants were provided with
the water main extension. With the proposed development,
additional fire hydrants may be required to meet spacing
requirements. Water service will be provided by lateral
extensions from the main.
Sewer:
With the development of the Exxon Station on Lot 1 a lift station
was constructed at the southwest corner of the site. An 8" main
was extended east and stubbed out at the east end of lot 2.
Additional development on Lot 3 will be required to further
extend the main to the east.
Drainaqe:
Drainage will be accommodated by exfiltration trenches with
overflow runoff into inlets along Linton Boulevard. No problems
are anticipated.
Streets and Traffic:
The previous concept plan contained the Exxon Station, KFC and
44,233 sq.ft, of office space. This concept plan generated a
total of 4,107 trips. The proposed concept plan contains the
Exxon Station, KFC, three 3,000 sq.ft, fast food restaurants and
a 6,435 sq.ft, tire store generating a total of 9,195 trips.
This represents a total increase of 5,088 trip. The L.O.S. for
the impacted roadways is not exceeded. However the following
roadway improvements on the surrounding roadway are requires.
Median opening Linton.Boulevard: The existing median opening for
westbound Linton Boulevard traffic is located approximately 375'
west of the F.E.C. railroad. This median opening is
nonconforming in that it is 200' wide (verses the standard width
of 110') and currently serves two driveway on the north side of
Linton Boulevard. One driveway serves the Linton Self-Storage
facility, while the second driveway serves the Tarmac concrete
facility as well as two buildings containing auto service uses.
The traffic study accompanying the rezoning requests indicates
the need for a protected left turn lane for westbound traffic
into the site. Given the location of the median, a left turn
lane meeting minimum standards cannot be provided. As Linton
Boulevard is a County road the decision as to whether the
existing median opening is to be closed or a substandard design
is to be accepted rests with the Palm Beach Traffic Division.
P&Z Staff Report
DBO Acres
Page 5
The applicant has submitted a median improvement proposal which
reduces the width of the median opening to 120' and provides a
"peanut" allowing "left turns only" into the subject property as
well as into the driveway serving the self storage facility to
the north. The City Traffic Engineer has reviewed the traffic
volumes into both driveways on the north side of Linton Boulevard
and found that a far larger number of vehicles utilize the
Tarmac/auto service use driveway. Therefore the staff has
recommended the median be modified to accommodate the Tarmac
driveway versus the self storage facility. However, the Tarmac
driveway is further east; thereby further reducing the ability to
accommodate adequate storage and transition for a protected left
turn lane.
As access to properties to the north will be restricted or
eliminated, opposition from affected properties is anticipated.
Linton Boulevard: The City Traffic Engineer has indicated that
the projected traffic volume entering the site from eastbound
Linton Boulevard are of a volume which will require exclusive
right turn lanes into two entries. To accommodate an exclusive
right turn lane additional right of way dedication will be
required thereby impacting the Exxon site, KFC site and proposed
perimeter landscape area of future restaurants.
The ultimate decision as to weather turn lanes will be required
or 'if substandard lengths will be accepted will rest with the
County.
S.W. 4th Avenue and Linton Boulevard intersection: With the
restriction of westbound traffic through the Linton Boulevard
median, or outright closing of the median, additional traffic
must utilize S.W. 4th Avenue to proceed west. The additional
traffic is expected to have negative impacts on the parking lanes
for northbound traffic. The ability of the existing street
section to accommodate the additional traffic is still under
review. Some excerpts from the Traffic Study are provided in the
attachments.
Parks andOpen Space:
Park dedication requirements do not apply for nonresidential
uses. Open space requirements are a function of Section
4.6.16(H)(3)(perimeter requirements), Section 4.6.16(E)
(Internal landscape requirements) as well as Section
4.3.4.(H)(6)(b) (Special Landscape Setbacks). These requirements
must either be met or appropriate waivers and variances obtained
with the full site plan submittal. There should be no problem in
complying with these standards since Lot 3 is vacant.
Solid Waste:
Solid waste will be accommodated through individual dumpsters and
has no bearing on the rezoning. Specific locations will be
provided with the site plan submittal.
P&Z Staff Report
DBO Acres
Page 6
Consistency:
Compliance with the performance standards set forth in Section
3.3.2, along with the required findings in Section 2.4.5, 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 making of a finding of overall
consistency. The applicable performance standards of Section
3.3.2 and other policies which apply are as follows:
A) Performance Standard 3.3.2(A) states that a rezoning to
other than CF within stable residential areas shall be
denied.
* The property is not located within a stable residential
area and therefore does not apply.
B) Performance Standard 3.3.3(C) states: Additional strip
commercial zoning on vacant properties shall be avoided.
This policy shall not preclude rezonings on land that at the
time of rezoning has improvements on it. Where existing
strip commercial areas or zoning exists along an arterial
street, consideration should be given to increasing the
depth of the commercial zoning in order to provide for
better project design.
* If a rezoning to GC or AC is approved, current building
size minimums which exist under the current PC (6,000
sq.ft.) will be removed. The existing building size
requirement would prohibit certain kinds of uses which
are synonymous with strip commercial development i.e.
fast food restaurants. Given the depth and
configuration of the property strip commercial
development will likely result if GC or AC zoning is
granted.
C) Performance Standard 3.3.2(D) states: That the rezone shall
result in allowing land uses which are deemed compatible
with adjacent and nearby land use both existing and
proposed; or that if an incompatibility may occur, that
sufficient regulations exist to properly mitigate adverse
impacts from the new use.
* Zoning to GC will allow commercial uses which are
compatible with industrial uses to the south,
commercial uses to the west, auto related uses to the
north and office uses to the east. Zoning of AC is
compatible to existing uses to the north and south. To
the west comparability can be accommodated through site
design as reflected in the sketch plan. Along the
east, the sketch plan, indicates overhead doors located
P&Z Staff ~eport
DBO Acres
Page 7
so as tO face the Dixie Highway right-of-way. Adjacent
property compatibility is an issue along this property line;
however, it can be mitigated through site design. Please
refer to accompanying staff report for the conditional use
request for details.
The following Comprehensive Plan, Goals, Objectives and Polices
apply to this proposal:
Land Use Objective Al:
Vacant property shall be developed in a manner so that the future
use and intensity is appropriate in terms of soil, topographic,
and other applicable physical considerations, is complementary to
adjacent land uses, and fulfills remaining land use needs.
Given the traffic impact concerns both at the Linton
Boulevard median and at S.W. 4th Avenue, the potential
intensity allowed under GC zoning may be inappropriate given
the physical consideration of the surrounding traffic
network. The traffic impacts, pursuant to current
information, would not be complementary to adjacent land
uses.
Land Use Policy A-1.3:
Additional strip commercial zoning on vacant land shall be
avoided. This policy shall not preclude rezonings on land that
at the time of rezoning has improvements on it. Where existing
strip commercial uses or zoning exist along an arterial street,
consideration should be given to increasing the depth of the
commercial zoning in order to provide' for better project design.
As discussed under performance standard 3.3.2.(c) rezoning to
GC and AC would remove building size restrictions and
encourage development of strip commercial nature.
LDR Compliance:
Pursuant to Section 2.4.5 (D)(1), a justification statement
providing the reason for which the change is being sought must
accompany all rezoning requests. The code further identifies
certain valid reasons for approving the change being sought.
These reasons include the following:
* That the zoning had previously been changed, or was
originally established, in error;
* That there has been a change in circumstance which
makes the current zoning inappropriate;
P&Z Staff Report
DBO Acres
Page 8
* That the requested zoning is of /similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
Pursuant to Section 2.4.5(d)(5), the City Commission is required
to make a finding that the petition will fulfill one of these
reasons. The applicant submitted a justification statement which
states the following reasons for the change being sought:
"The property owner is requesting a rezoning of the subject
5.481 acre parcel from PC-Planned Commercial to
AC-Automotive Commercial in part (0.800 acres) and
GC-General Commercial in part (4.681 acres).
The subject property was included in an annexation and
rezoning approval in 1988 as part of a 5.72 acre parcel. At
that time the property was approved for GC-General
Commercial zoning. Because the parcel was over 5 acres and
under unified control, the city changed its zoning
designation to PC-Planned Commercial.
Today's City Zoning Code includes a PC-Planned Commercial
District which was created for parcels designated as
Commercial on the Future Land Use Map where the unified
development is, or will be, in excess of five (5) acres.
Because the easternmost parcel is being proposed for a
Specialized Service Shop, which is only permitted in the
AC-Automotive Commercial District, a Planned Commercial
District would not be appropriate since the overall parcel
would be less than five (5) acres. Subsequently, the
purpose of rezoning the entire 5.481 acre parcel to AC in
part, and GC in part, is to bring all platted parcels into
conformity with today's Zoning Code.
The intent of the Planned Commercial District, however, will
still be met because the overall 5.481 acre site which
includes an existing Exxon Service Station and an existing
Fast-Food Restaurant (KFC) will be well planned in terms of
traffic circulation, access to the abutting roadways and the
overall site will still be built in accordance with the
current Landscape Code requirements."
It is unclear to which valid reason the above rational is
referring. A reference is made that the proposed rezoning is to
bring all platted parcels into conformity with todays zoning
code. It has previously stated that when the parcel was zoned PC
it was acknowledged that the existing developments (Exxon & KFC)
were nonconforming but would be most appropriately zoned PC.
P&Z Staff Report
DBO Acres
Page 9
(Ylq{ER: ~
REVIEW BY OTHERS:
The development proposal is not in geographic areas requiring
review by either the (HPB) Historic Preservation Board, DDA
(Downtown Development Authority), or the CRA (Community
Redevelopment Agency).
ASSESSMENTS:
Concerns with the requested zoning change relate to two specific
areas. The first being the effect of removing the minimum
building size with the adoption of GC and AC zoning designations.
Removal would allow development of smaller buildings and given
the configuration of the parcel, development of strip commercial
uses contrary to Land Use Policy A-1.3.
The second is the effect of the traffic associated with the
increased development potential of GC or AC zoning. While an
office development potential was previously noted for the vacant
portion of the property (Lot 3), a retail use would probably be
the most intensive developed under PC zoning. The rezoning to GC
and AC along with subdivision into 4 lots, as proposed, would
allow uses of much greater intensity. The proposed traffic
increase would have a negative effect on the existing median on
Linton Boulevard and impacts on the stacking at the S.W. 4th
Avenue/Linton Boulevard intersection.
The agent's rationale that the resulting development is unified
and that traffic can be accommodated also has merit.
ALTERNATIVES:
A. Continue with direction.
B. Recommend denial of the GC and AC Rezoning request based on
failure to make positive findings with respect to Section
3.1.1 (Compatibility), Section 3.3.2 (C) (Strip Commercial),
and that the proposed zoning change fails to meet one of the
valid reasons pursuant to Section 2.4.5(D)(2).
C. Recommend approval of the rezoning request from PC to GC and
AC subject to positive findings with respect to Section
3.1.1, Section 3.3.2 and Section 2.4.5 based upon a
determination that resulting development will be in a
"planned" verses "strip" nature and that traffic impacts do
not violate level of service standards.
P&Z Staff Report
DBO Acres
Page 10
STAFF RECOMMENDATION:
Recommend denial of the GC and AC Rezoning request based on
failure to make positive findings with respect to Section 3.1.1
(Compatibility), Section 3.3.2 (Strip Commercial), and that the
proposed zoning change fails to meet one of the valid reasons
pursuant to Section 2.4.5(D)(2).
69 (,J~O ~o oD
80~
goz
~ 9 dO'o/ 6 ~ Z
89 ~ [01
J J
zgo'z~ ~go'zI
o~m ~ ~AV Ss3HgNO9 gz~
8ZI'OZ ~ ~
!STANLEY CONSULTANTS FIGURE 2
:oF FLOmO*, ~NC. DBO ACRES
ENGINEERS , PLANNERS . SURVEYORS
~A~/ NOINI/~S.
1
(,)[
(~9)~
,,,
STANLEY CONSULTANTS FIGURE ~
OF FLORIDA INC. DSO ACRES
ENGINEERS · PLANNERS · SURVEYORS
"
OVERVIEN O~ TR~FIC S~fDY SUB~I~'I'ED ~OR DBO ACI~S
LEVEL OF SERVICE STANDARDS ON ROADWAY LINKS AFFECTED BY
THIS PROJECT
ACCORDING TO THE STUDY THERE ARE NO ROADWAY LINKS THAT
WILL FALL UNDER LEVEL OF SERVICE WITHIN THE STUDY AREA.
DIRECTOR'S CONCERNS RE:
-- INCLUSION OF TRAFFIC FROM DELRAY CROSSING
-- INCLUSION OF OFFICE TRIPS INTO TEST ONE CONDITIONS
LEVEL OF SERVICE AT THE INTERSECTION OF S.W. 4TH AVE. AND
LINTON BLVD.
ACCORDING TO THE STUDY, PEAK HOUR CRITICAL MOVEMENT
ANALYSIS INDICATES THAT THE INTERSECTION WILL OPERATE
AT LEVEL OF SERVICE STANDARDS.
QUEUE LENGTH FOR THE NORTHBOUND TRAFFIC ON S.W. 4TH AVE.
THE STUDY INDICATES THAT 259 FEET SOUTH OF LINTON BLVD.
WOULD BE OCCUPIED BY WAITING VEHICLES AT MIDDAY PEAK
HOUR. THERE IS PRESENTLY 170 FEET OF STORAGE SPACE FOR
THE TWO NORTHBOUND LANES. THE STUDY INDICATES THAT THE
QUEUE LENGTH IS FOR EACH OF THE TWO LANES. THEREFORE,
AT THE MIDDAY HOUR THE INTERSECTION FOR THE COSTCO AND
DBO ACRES PROPERTY WOULD BE BLOCKED.
THE MEDIAN OPENING EAST OF S.W. 4TH AVE. ON LIN'IX)N BLVD.
THE CITY, COUNTY AND PROPERTY OWNERS FROM THE NORTH
SIDE OF THIS MEDIAN OPENING MEET TO DISCUSS THE
MODIFICATIONS WHICH WOULD BE REQUIRED AS A PART OF THE
PROPOSED SITE PLAN.
BASED ON THE EXISTING CONFIGURATION OF THE MEDIAN, THE
COUNTY STATED THAT THE MEDIAN WOULD HAVE TO BE MODIFIED
TO ALLOW ONLY LEFT TURNS INTO THE NORTH AND SOUTH
PROPERTIES. THE TRAFFIC CONSULTANT WAS REQUESTED TO
PROVIDE EXISTING TURN MOVEMENTS AT THE MEDIAN. AS A
RESULT OF THIS DATA IT HAS BEEN CONCLUDED BY THE CITY
AND COUNTY THAT THE ENTRY TO TARMAC SHOULD BE
MAINTAINED (NOTE: COUNTY AGREEMENT HAS BEEN PRESENTED
BY THE AGENT'S TRAFFIC CONSULTANT AND HAS NOT YET BEEN
VERIFIED, BY CITY STAFF, WITH THE COUNTY.)
AS A RESULT, THE STORAGE AT THE MEDIAN OPENING WILL BE
APPROXIMATELY 75 FEET IN LENGTH. THIS IS SUBSTANDARD
TO COUNTY REQUIREMENTS. THE TRAFFIC CONSULTANT IS
CONFERRING WITH THE COUNTY TO WORK OUT AN ACCEPTABLE
DESIGN SOLUTION. THE DESIGN WILL, IN ALL PROBABILITY,
ELIMINATE THE EXISTING (NEW) VEGETATION.
ADDITIONAL CITY CONCERNS:
* ON SITE STACKING AT THE EXITS (FIGURE 4)
SECTION 4.6.9(D)(3)(C) STATES THAT A MINIMUM OF 50 FEET
SHALL BE PROVIDED FOR THE EXITS WHICH EXCEED 500 ADT. BASED
ON THE SITE PLAN, THE EXITS ONTO LINTON HAVE APPROXIMATELY
45 FEET OF STORAGE, OR APPROXIMATELY 2 VEHICLES. DURING
PEAK HOUR CONDITIONS, 70 VEHICLES PER HOUR EXITING ONTO
LINTON, AT THE DRIVES WILL BLOCK THE INTERNAL INTERSECTIONS
FOR THE EAST/WEST DRIVE. THE ON SITE STACKING HAS BEEN
BRIEFLY EVALUATED. HOWEVER, AS A PART OF THE SITE PLAN
REVIEW BY STAFF THE ACTUAL STACKING LENGTH WILL BE
DETERMINED. ALSO, THERE MAY BE A NEED FOR RIGHT-TURN IN
LANES FROM LINTON INTO THE PROJECT. IF SO, ADDITIONAL SITE
REDESIGN WILL BE NEEDED.
THE TRAFFIC STUDY HAS BEEN DETERMINED TO BE ACCEPTABLE TO BE
SENT TO PALM BEACH COUNTY TRAFFIC FOR THEIR REVIEW OF
COMPLIANCE WITH THE TRAFFIC PERFORMANCE ORDINANCE. WITH THE
PROPOSED TRIP GENERATION IN EXCESS OF 1,000 A.D.T. THE
COUNTY HAS THE SOLE REVIEW OF ACCEPTANCE OF THE STUDY AS TO
WHETHER IT COMPLIES WITH THE T.P.O. THE T.P.O. REVIEW IS
ONLY FOR CONCURRENCY ISSUES, IT DOES NOT ADDRESS SITE
SPECIFIC CONCERNS.
ACCEPTANCE OF THE TRAFFIC STUDY, BY THE COUNTY, IS REQUIRED
PRIOR TO THE CITY COMMISSION APPROVAL OF A SITE SPECIFIC
DEVELOPMENT ORDER.
KED:#1ODBOTRF9/16/91
MEMORANpUM
TO: David Kovacs
Director of Planning & Zoning
FROM: Greg Luttrell
Traffic Engineer
SUBJECT: DBO ACRES - TRAFFIC STUDY & SITE PLAN
REVIEW COMMENTS
DATE: September 16, 1991
We have reviewed the revised traffic study prepared by Stanley
Consultants and dated September, 1991. The study addresses the
issues required by the County Traffic Performance Ordinance and
should be forwarded to the County for their review and comments.
Specific study issues from a more detailed level include:
1) Appendix C - The P.M. peak hour traffic conditions shows a
total of 217 vehices travelling through this intersection.
Figure 4 shows that at least 287 vehicles will traverse the
intersection in the P.M. peak hour.
Figure 4 - This figure shows the projected turning movements
at the Linton BouleYard/S.W. 4th Avenue intersection.
Comparing thi~ figure with Figure 2 (existing turning
movement volumes) yields the increase in traffic from the
project. The values from the comparison of these two
figures yields 80 SB and 124 NB project trips; however,
Figure 4 shows only 65 SB trips and shows 142 NB trips.
These two data comparisons indicate that not all of the
project impacts to the Linton Boulevard/S.W. 4th Avenue have
been shown/examined. .
2) Queue Length - The appendix contains an estimate of queue
length of the South approach to the Linton Boulevard/S.W.
4th Avenue intersection. The P.M. peak hour queue is
estimated at 234 feet and the midday queue is 259 feet. The
current spacing from the driveway on S.W. 4th Avenue to
Linton Boulevard is 200 feet. The average queue of vehicles
waiting for the signal at Linton Boulevard/S.W. 4th Avenue
will therefore, block the driveway of both the project as
well as the Costco drive during both these hours.
· '_.S, EP-16-"91 I,ICtl 16:27 I P:DELF?~' E}~'J. SER'_~IEES TEL I~'0:~107-243-?06,0 I:1579 FO3
3) Median Opening - Figure 2 shows traffic volumes for the two
driYeways to the north of Linton Boulevard (Self Storage,
Tarmac), Note that the Tarmac driveway ha~ over 4 times the
traffic volume using it compared to the storage drive.
While limiting either driveway will increase the number of
U-Turns in the area, the storage driveway carries
substantially less traffic. The alignment of the median
opening should therefore be with the Tarmac driveway.
4) The eastbound left turn lane at the Old Dixie/Linton
Boulevard intersection currently queues into the thru lanes
of Linton Boulevard. This is an undes~reable situation.
Traffic generated from this project as well as U-Turns
caused by the median reconfiguration will increase the
number of left turns at this intersection, This situation
should be addressed by this project,
5) The driveways onto Linton Boulevard are projected to carry
substantial traffic volumes (Figure 4). At the midday peak
hour, the second driveway is projected to have 85 right
turning vehicles entering the site, This is beyond the
County right turn lane threshold of 75 and well beyond the
threshold found in other traffic references. A right turn
lane must therefore be installed to serve the site.
Specific design requirements of a right turn lane may
dictate that one of the driveways to Linton Boulevard be
c~osed or relocated. This will result in a redistribution
of traffic which may cause other impacts. This issue should
be fully addressed prior to project approval.
Site plan traffic issues are outlined below:
1) The new driveways shown are 35' and 30' wide. As these
driveways will operate with right turns in/out only, the
maximum width should be 24 feet.
2) The three eastern drives are mi~aligned with the internal
aisleways, These driveways .are projected to carry
substantial amounts of traffi= and must be designed
accordingly.
3) Adequate throat length (storage) has not been provided for
any of the three eastern drives, Minimum storage distances
of 50-75 feet should be provided.
It appears that the current site will have major impacts to the
adjacent road networks. Also, th~ current site design will not
safely or efficiently handle the project traffic and must be
redesigned.
GL: smm
cc: Mark Gabriel, P.E., Asst. Director of Environmental
Services/City Engineer
Robert Taylor, Deputy Director of Public Works
File; Memos to Planning & Zoning
DBO Acres
GLTRAF 16. SMM
-SEP 13 '91 14:45 FROH P801A28/B30 F'AGE.O02
TAtum. AC FLORIDA, INC. ~ooo N.w. ~'~.~,~ w
Medley. FIo~d~ 3317~
September' 13, 1991
Mr. David Kovacs
Director of Planning
City of Oelray Beach
100 N.W. 1-st Avenue
Delray Beach, FL 33444
Re: Public Notice #91-146
Conditional Use Request
for Tire. Kingdom
Dear Mr, Kovacs:
Per my telephone conversation the other day with Paul Dor and, ! am
writing to indicate Tarmac's concern of a potentially dangerous
situation due to the change of ingress/egress from Linton Boulevard
to our facility.
We have been in business in this location for over 15 ~ears with
approximately 75 trucks trips per day entering and exit ng off of
Linton Boulevard, To change our access would create a p(tentially
dangerous situation if we had to re-route our traffi through
residental neighborhoods,
I have surveyed Tarmac'$ options should this access be c >sad off.
Our concrete truck~ would have to be re-routed throuQh t o baok of
our property onto sub-standard residental streets. Yesterday a~
five p,m. ! observed ? children playing in various locations on
Southridge Road, We are still delivering concrete at t~is time.
Also, i% must be pointed ou~ wi~h ~he existing roadway ccnditions,
our trucks could not pass each other, The road cond Cions are
anything but favorable for large concrete trucks to pass hrough at
any given %i me,
, ~"~R'B30 PA,iE O~-~x
'SEP 13 9! t4:45 FROM PSL~I~... , ....
I invite you and any other City officials to accompany me to the
location and observe the conditions as stated.
! respectfully request that thi6 letter be entered into the
official records o¢ the Hearing. Thank you.
Yery truly yours,,
Kathleen Richardson
Real Estate Coordinator
A, Townsend,
Director of Tech. Services
Technical Services-Tarmac
Jasmine Allen, City of Delray
Paul Borland, City of Delray
ORDINANCE NO. 73-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN GC
(GENERAL COMMERCIAL) DISTRICT, IN PART, AND AC (AUTO
RELATED COMMERCIAL) DISTRICT, IN PART; SAID LAND BEING
LOTS 1, 2, 3 AND TRACT "B", DBO ACRES, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 63, PAGE 13 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 GC
(General Commercial) District, in part, and AC (Auto Related Commercial)
District, in part, as defined in Chapter Four of the Land Development
Regulations of Delray Beach, Florida, to-wit:
Lots 1, 2, 3 and Tract "B", DBO Acres, according to
the Plat thereof recorded in Plat Book 63, Page 13 of
the Public Records of Palm Beach County, Florida.
The above described parcel contains a 5.481 acre
parcel of land, more or less.
The subject property is located on the south side of
Linton Boulevard between S.W. 4th Avenue and the
Florida East Coast (FEC) Railroad, 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 , 1991.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
[IT¥ JIF I]ELRI:I¥ BEI [:K
100 N.W. 1st AVE,"~tjE IDELRAY BEACH FLORIDA 33444 407/243-7000
File # 91-145
SUBJECT: PROPOSED REZONING INITIATED BY PROPERTY OWNER
- AKA DBO ACRES
PROPERTY DESCRIPTION: LOTS 1, 2, 3 AND TRACT "B" DBO
ACRES~ ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 63, PAGE 13 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY¢
FLORIDA~
CURRENT ZONING: PC (PLANNED COMMERCIAL) DISTRICT
PROPOSED ZONING: GC (GENERAL COMMERCIAL) DISTRICT IN
PART! AND AC (AUTOMOTIVE COMMERCIAL)
DISTRICT IN PART (SEE ATTACHED MAP).
Pursuant to Chapter Two of the Land Development Regulations of
the City of Delray Beach, you are hereby notified that the
Planning and Zoning Board of the City of Delray Beach, Florida,
as Local Planning Agency, is considering whether to recommend to
the City Commission a change in the zone district for the
property as shown on the attached map. Your property is located
within a five hundred (500) foot radius of the parcel being
considered for change.
The Planning and Zoning Board will hold a Public Hearing on
Monday, September 16, 1991t. at 7:00 P.M., in the City Commission
Chambers at the City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida, for the purpose of receiving public comment, and your
comments or those of your representative with regard to this
proposed action. You are not required to attend this meeting or
to have someone there to represent you; however, you are welcome
to do so if you desire.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION
MADE BY THE PLANNING AND ZONING BOARD WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS HEARING, SUCH PERSONS WILL NEED A RECORD OF
THESE PROCEEDINGS, AND FOR THIS PURPOSE SUCH PERSONS MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS BASED. THE CITY DOES NOT PROVIDE OR PREPARE SUCH RECORD.
PURSUANT TO F.S. 286.0105.
THE EFFORT ALWAYS MATTERS
PUBLIC NOTICE
FILE 91-145
PAGE TWO
If you would like further information with regard to how this
proposed action may affect your property, please contact the
Planning Department, City Hall, 100 N.W. 1st Avenue, Delray
Beach, Florida 33444, Phone: 407/243-7040, between the hours of
8:00 A.M. and 5:00 P.M. on weekdays (excluding holidays).
CITY OF DELRAY BEACH
Alison MacGregor Harty
City Clerk
DBO ACRES REZONING
(from PC to GC in part, and
AC in part)
DELRAY HALL
NORTON TIRE
IINTON BOULEVARD
COSTCO
TRANSFER r--
STATiON
DEI.RAY
LAVER'S LINCOLN-
NORTH MERCURY