File #: 20-083    Version: 1 Name:
Type: Request Status: Passed
File created: 1/23/2020 In control: City Commission
On agenda: 2/11/2020 Final action: 2/11/2020
Title: RESOLUTION NO. 38-20: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DETERMING THAT BASED ON A SIMILARITY OF USE REQUEST THE USE OF “GARAGES AND LOTS FOR THE PARKING AND STORAGE OF VEHICLES” IS SIMILAR TO OTHER CONDITIONAL USES ALLOWED IN THE COMMUNITY FACILITIES (CF) ZONING DISTRICT, PARTICULARLY TO THE USE LISTED AS A “PRIVATELY-OPERATED PARKING LOT” (QUASI-JUDICIAL).
Sponsors: Development Services Department
Attachments: 1. Agenda Cover Report, 2. Appeal Review of Similarity of Use Action - Resolution 38-20, 3. Appeal Review of Similarity of Use Action - CF Zoned Properties Map, 4. Appeal Review of Similarity of Use Action - Request Letter, 5. Appeal Review of Similarity of Use Action - Planning and Zoning Report, 6. Appeal Review of Similarity of Use Action - Resolution Legal Review Approval
TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: George Gretsas, City Manager
DATE: February 11, 2020

Title
RESOLUTION NO. 38-20: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DETERMING THAT BASED ON A SIMILARITY OF USE REQUEST THE USE OF “GARAGES AND LOTS FOR THE PARKING AND STORAGE OF VEHICLES” IS SIMILAR TO OTHER CONDITIONAL USES ALLOWED IN THE COMMUNITY FACILITIES (CF) ZONING DISTRICT, PARTICULARLY TO THE USE LISTED AS A “PRIVATELY-OPERATED PARKING LOT” (QUASI-JUDICIAL).

Body
Recommended Action:
Recommendation
Review and consider Resolution No. 38-20 for a Similarity of Use request associated with properties zoned Community Facilities.

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Background:
At its meeting of January 16, 2020, the City Commission voted on a 5 to 0 vote to appeal the Planning and Zoning Board action pertaining to the Similarity of Use request (2020-021) for properties zoned Community Facilities (CF). At its meeting of December 16, 2020, the Planning and Zoning Board determined on a 5-1 vote (Juli Casale) that the use of “garages and lots for the parking and storage of vehicles” is similar to other Conditional Uses allowed in the Community Facilities (CF) zoning district, particularly to the use listed as a “privately-operated parking lot”, by finding that the request is consistent with the Land Development Regulations and the Comprehensive Plan.

Request Description
Uses identified within the LDRs are allowed only as listed in each zoning district. Pursuant to LDR Section 4.3.2(C), Determination of Similarity of Use, when the use is of a specific nature and is listed as a specific use in another zoning district, the use may be established within the specific zoning district by action of the Planning and Zoning Board in authorizing it through a determination of similarity of use.

The Applicant, Greico Motors LLC, has requested a determination of similarity of use to operate a parking lot for privat...

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