File #: 16-196    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 2/3/2016 In control: City Commission
On agenda: 2/16/2016 Final action: 2/16/2016
Title: ORDINANCE NO. 03-16, REZONING FROM AC (AUTOMOTIVE COMMERCIAL) TO GC (GENERAL COMMERCIAL) FOR THE PROPERTY LOCATED AT 2455 OLD DIXIE HIGHWAY (QUASI-JUDICIAL HEARING) (SECOND READING)
Sponsors: Planning & Zoning Department
Attachments: 1. Ordinance No. 03-16, 2. Delray Beach P&Z Staff Report 12-21-15 Meeting, 3. Delray Beach Boxing Streetscape Photos, 4. Letter regarding Non-Conformity

TO:                     Mayor and Commissioners

FROM:                     Tim Stillings, Director of Planning and Zoning

THROUGH:                     Donald B. Cooper, City Manager

DATE:                     February 16, 2016

 

Title

ORDINANCE NO. 03-16, REZONING FROM AC (AUTOMOTIVE COMMERCIAL) TO GC (GENERAL COMMERCIAL) FOR THE PROPERTY LOCATED AT 2455 OLD DIXIE HIGHWAY (QUASI-JUDICIAL HEARING) (SECOND READING)

 

Body

Recommended Action:

Recommendation

Motion to Approve Ordinance No. 03-16 on second reading and quasi-judicial hearing for the rezoning of the property located at 2455 Old Dixie Highway from AC to GC.

 

Body

Background:

The item before the City Commission is to consider rezoning the property located at 2455 Old Dixie Highway from AC (Automotive Commercial) to GC (General Commercial).

 

The property is located on the east side of Old Dixie Highway, approximately 0.25 miles south of Gulfstream Boulevard and just north of NE 22nd Lane. The 0.78 acre lot is located within the North Federal Highway Overlay District and contains a one-story, two tenant building constructed in 2003.

 

The complete zoning history of the property and analysis of the request is provided in the attached Planning and Zoning Board Staff Report from the meeting of December 21, 2015.

 

The property has a new owner who wishes to rezone the property back to GC for the purpose of establishing a boxing facility (gym) within one of the two tenant spaces within the building. The golf cart rental business (Exhiliride) will remain, but will become a non-conforming use with rezoning to GC. If the non-conforming use ceases for any reason for a continuous period of 180 days, all future change of uses must comply with the GC zoning district.

 

Review by Others

At its meeting of December 15, 2015, the Community Redevelopment Agency (CRA) recommended approval of the request.

 

At its meeting of December 21, 2015, the Planning and Zoning Board recommended approval of Ordinance 03-16 with a vote of 6 to 0 (Jocelyn Patrick Absent). The recommendation was approved with a stipulation that the existing lease of the golf cart rental business not be extended due to the created non-conformity. The Authorized Agent has provided a letter indicating that the property owner has agreed not to extend the lease which will expire on December 31, 2016, with an option to extend for an additional 6 months to June 30, 2017.

 

City Attorney Review:

This ordinance was advertised in the Sun Sentinel newspaper on February 9, 2016.  Approved as to form and legal sufficiency.