Ord 32-09ORDINANCE Nfl. 32-09
AN ORDINANCE flF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORII7A, AMENDING THE LAND DEVELOPMENT REGULATIONS OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.4,13,
"CENTRAL BUSINESS {CBD) DISTRICT", SUBSECTION {B}, "PRINCIPAL USES
AND STRUCTI:JItES PERMITTED", TO CLARIFY THAT PUBLIC OPEN
SPACE(PLAZA IS A PERIVIITTED USE IN THE CENTRAL BUSINESS DISTRICT;
PROVIDING A SAVING CLAUSE, A GENES REPEALER CLAUSE, A,ND AN
EFFECTIVE DATE.
UTHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on 3une 15, 2009 and voted 4 to 0 to recommend
that the changes be approved; and
~THEREAS, pursuant to Florida Statute 163.3174{4}{c}, the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
~THEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE TT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.4.13, "Central Business {CBD) District", Subsection {B},
"Principal Uses and Structures Permitted", of the Land Development Regulations of the City of
Delray Beach, Florida, be and the same is hereby amended to read as follows:
{B) Principal Uses and Structures Permitted: The fallowing types of use are allowed within the CBD
District as a permitted use:
{1} General retail uses including, but not limited to:
{a} Antiques, arts and crafts, automotive parts, baked goods, banks, carpet and Haar
covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and
slipcovers, medicines and prescriptions, electrical fixtures and supplies, fabrics, fish,
flowers and plants, fruits and vegetables, food, garden supplies, gifts, glassware,
hardware and paints, home furnishings, ice cream, lawn care equipment, leather goods,
luggage, medical and surgical equipment, music and musical instil~uments, nautical
supplies, office furniture equipment and supplies, pets and pet supplies, photographic
equipment and supplies, sewing supplies, sporting goods, toys, wearing apparel and
accessories, appliances, bicycles, business machines, jewelry.
(2} Business and professional uses pursuant to restrictions set forth in Section 4.4.13(H}{1}
including, but not limited to:
{a} Interior decorating, medical and dental clinics, medical and dental laboratories,
photographic studios, printing and publishing, professional offices.
{3} Services and facilities including, but not limited to:
{a} Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on-site
processing far customer pickup only, dry cleaning and laundry pickup stations,
Laundromats limited to self-service facilities, pet grooming, restaurants excluding drive-in
and drive-through, outdoor cafes, tailoring, tobacconist, vocational schools limited to arts
and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and
karate judo, small item repair, and rental of sporting goads and equipment (such as but
not limited to bicycles, skates, boogie boards}.
(b} Galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g, gyms
and clubs, museums, libraries, newsstands, commercial or public parking lots and parking
garages.
~c Public omen space/ 1p azas.
{4} Multi-family dwelling units, excluding duplexes, up to a maximum density of thirty (30}
units per acre except for the West Atlantic Neighborhood or .Beach District, where the maximum density is
twelve (12) dwelling units per acre.
(S} Hotels, motels, bed and breakfast inns, and residential-type inns except in the West
Atlantic Neighborhood.
{b) Assisted Living Facilities and Continuing Dare Facilities.
Section 3. 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
~ ate. NQ. ~~-o~
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 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
P SSED t ADOPTED in regular session on second and final reading on this the
day of , 2009.
ATTEST
~~_ ~
City Clerk
First Reading ~ ~~
Second Reading ~ '~
MAYO
3 ORD, NO.32-09
Page 1 of 1
ME~ORANUU~
TO; Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: July 28, 2009
SLT$JECT: AGENDA ITEM IO.E. -REGULAR COMMISSION MEETING OF AUGUST 4 2009
ORDINANCE NO.32-09 SECOND READINGISECOND PUBLIC HEARING)
ITEM BEFORE COMMISSION
This ordinance is before Commission far second reading and second public hearing to consider acity-
initiated amendment to the Land Development Regulations {LDR} Section 4.4.13{B}{3}, "Principle
Uses and Structures Permitted", to clarify that "Public Open SpacelPlaza", is a principal (permitted) use
within the Central Business District (CBD}.
BACKGROUNI}
At the first reading on July 21, 2009, the Commission passed Ordinance Na. 32-09.
RECOMMENDATION
Recommend approval of Ordinance No. 32-09 on second and final reading.
http;/lwww.mydelraybeach.com/AgendaslBluesheet.aspx?ItemID=2424&MeetingID=214 8/18/2009
ORDINANCE NO. 32-09
AN ORDINANCE OF THE CITY COMMISSION aF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS aF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION (B), "PRINCIl'AL USES
AND STRUCTL~ItES PERNIITT> D", TO CLARIFY THAT PUBLIC OPEN
SPACEIPLAZA IS A PERMITTED USE IN THE CENTRAL BUSINESS DISTRICT,
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1,6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on June 1 S, 2049 and voted 4 to 0 to recommend
that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163,3174{4)(c), the Panning and Zanung Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4,4.13, "Central Business {CBD} District", Subsection {B),
"Principal Uses and Structures Permitted", of the Land Development Regulations of the City of
Delray Beach, Florida, be and the same is hereby amended to read as follows:
(B} Princit~al Uses and Structures Permitted: The fallowing types of use are a]lowed within the CBD
District as a permitted use:
(]) Genera] retau] uses including, but not ]united ta:
(a} Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor
covering, cheeses, beer, wane, ]iquar, confectionerues, cosmetics, meats, draperies and
slipcovers, medicines and prescriptions, electrical fixtures and supplies, fabrics, fish,
flowers and plants, fruits and vegetables, food, garden supplies, gifts, glassware,
hardware and paints, home furnishings, ice cream, lawn care equipment, leather goods,
luggage, medical and surgical equipment, music and musical instruments, nautical
supplies, office furniture equipment and supplies, pets and pet supplies, photographic
equipment and supplies, sewing supplies, sporting goods, toys, wearing apparel and
accessories, appliances, bicycles, business machines, jewelry.
{2) Business and professional uses pursuant to restrictions set forth in Section 4.4.13(H)(1)
including, but not limited to:
(a) Interior decorating, medical and dental clinics, medical and dental laboratories,
photographic studios, printing and publishing, professional offices.
(3) Services and facilities including, but not limited to:
(a) Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on-site
processing far customer pickup only, dry cleaning and laundry pickup stations,
laundramats limited to self-service facilities, pet grooming, restaurants excluding drive-in
and drive-through, outdoor cafes, tailoring, tobacconist, vocational schools limited to arts
and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and
karate judo, small item repair, and rental of sporting goads and equipment {such as but
not limited to bicycles, skates, boogie boards).
(b) Galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms
and clubs, museums, Libraries, newsstands, commercial or public parking lots and parking
garages.
{c) Public open spacelplazas.
(4) Multi-family dwelling units, excluding duplexes, up to a maximum density of thirty {30)
units per acre except for the West Atlantic Neighborhood ar Beach District, where the maximum density is
twelve (12) dwelling units per acre.
(S) Hotels, motels, bed and breakfast inns, and residential-type inns except in the West
Atlantic Neighborhood.
{b) Assisted Living Facilities and Continuing Care Facilities.
Section 3. 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
2 CaIZD. NQ. 32-09
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 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2049.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
3 ORD. NC}. 32-fl9
Page 1 of 1
MEM{)RANDUM
TO: Mayor and City Commissioners
FROM: PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING
THROUGH: CITY MANAGER
DATE: July 14, 2009
SUBJECT: AGENDA ITEM 10,D. -REGULAR COMMISSION MEETING OF JULY 2] 2009
ORDINANCE 32-{~ CFIRST READINGI~'IRST PUBLIC HEARING)
ITEM BEFORE COMMISSION
Consideration of achy-initiated amendment to Land Development Regulations ¢DRs} that will clarify
that public open space/plazas are a permitted use in the CDB zoning district.
BACKGROUND
The current Land Development Regulations allow several public facilities in the CBD zoning district
including libraries, public parking lots and public parking garages. While public plaza and open space
features are not specifically indentified in the facilities category, they exist in the CBD district
(Worthing Park and Sara Gleason Park}. The amendment clarifies that the specific use of public open
space/ plazas are allowed as a permitted use in the CBD. This would accommodate the existing facilities
identified above (Worthing Park and Sarah Gleason Park} and the proposed open space plaza currently
proposed at the southwest corner of West Atlantic Avenue and SW 5th Avenue.
REVIEW BY OTHERS
The text amendment was considered by the Planning and Zoning Board on June 15, 2009. The Board
unanimously reconunended approval on a 4 to 0 vote, by adopting the findings of fact and law
contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan
and meets criteria set forth in Section 2.4.5{M} of the Land Development Regulations.
RECOMMENDATION
By motion, recommend approval on first reading of Ordinance No. 32-09 far achy-initiated amendment
to the Land Development Regulations, Section 4.4.13.(B}(~} to clarify that public open space/plazas are
allowed as a permitted use in the CBD, by adopting the findings of fact and law contained in the staff
report, and finding that the text amendment and approval thereof is consistent with the Comprehensive
Plan and meets the criteria set forth in LDR Section 2.4.5(M}.
http:llmiweb001/Agendas/Bluesheet.aspx?IternID=2388&MeetingID=213 "712$12009
PLANNING AND ZONING BOARD STAFF REPORT
MEETING DATE: JUNE 15~ 2pp9
AGENDA NO: V. A.
AGENDA ITEM: CONSIDERATION OF A CITY•INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS {LDR}, BY AMENDING LDR
SECTION 4.4.13 {B}{3) TO INCLUDE PUBLIC OPEN SPACE/PLAZAS
AS A PERMITTED USE IN THE CBD DISTRICT.
ITEM;BEFORE THE BOARD
The item before the Board is to make a recommendation to the City Commission regarding a
city-initiated amendment to Land Development Regulations {LDRs} that will clarify that public
open spacelplazas are a permitted use in the CDB zoning district.
Pursuant to Section 1.1,6, an amendment to the text of the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
BACKGROUNDIANALYSIS
The current Land Development Regulations allows several public facilities including libraries,
public parking lots and public parking garages, While public plaza and open space features are
not specifically indentified in the facilities category they exist in the CBD (Worthing Park and
Sara Gleason Park}. The amendment clarifies that the speck use of Public open space! plazas
is allowed as a permitted use in the CBD. This would apply to the existing facilities such as
Worthing Park and Sarah Gleason Park and the proposed open space plaza currently proposed
at the southeast corner of West Atlantic Avenue and SW 5th Avenue,
REQUIRED FINDINGS
Comprehensive Plan Conformance
LDR Section 2,4.5{M}{5} {Findings} requires that the City Commission make a finding that the
text amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan. A thorough review of the Comprehensive Plan was conducted and the
following goals, objectives andlor policies are identified:
Oblective A-2
Park and recreation facilities shall be adequately and efficiently provided with adequate parking
and public access and shall be compatible with surrounding existing properkies and new
development through implementation of the following policies:
Policy A-2.1 The City shall provide additional park, recreation, and open space facilities
through enhancement of existing facilities, major capital improvements, and the provision of new
services to geographic areas which do not have facilities readily available to them.
Planning and Zoning Board Meeting -June 15, 2009
LC}R Amendment -Public Open SpacelPlazas
Policy A-2.2 The City, through the Parks and Recreation Department, shall place its first
recreation priority on the provision of facilities for activities which serve all residents of the
community and which can be achieved through completing the development of existing park
areas, enhancing existing facilities, and adding specialized items such as playgrounds to
existing facilities.
This ordinance amendment is a clarification of permitted uses in the CBD zoning district and
continues to be consistent with the Comprehensive Plan objectives and policies noted above.
REVIEW BY OTHERS
Courtesy Notices
Courtesy notices were provided to the following homeowner and civic associations:
^ Neighborhood Advisory Council
Letters of objection and support, if any, will be provided at the Planning and Zoning Board
meeting.
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Move a recommendation of approval to the City Commission of the amendment to Land
Development Regulations, Section 4.4.13.{B}{3} to clarify that public open spacelplazas are
allowed as a permitted use in the CBD, by adopting the findings of fact and law contained in
the staff report, and finding that the text amendment and approval thereof is consistent with
the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4,5(M}
C. Move a recommendation of denial to the City Commission of the amendment to Land
Development Regulations, Section 4.4.13. (B}{3} to clarify that public open spacelplazas are
allowed as a permitted use in the CBD, by adopting the findings of fact and law contained in
the staff report, and finding that the text amendment and approval thereof is consistent with
the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M}. {Motion to
be made in the affirmative}.
RECOMMENDED ACTION
Recommend approval of the amendment to Land Development Regulations, Section
4.4.13.(B}{3} to clarify that public open space/plazas are allowed as a permitted use in the CBD,
by adopting the findings of fact and law contained in the staff report, and finding that the text
amendment and approval thereof is consistent with the Comprehensive Plan and meets the
criteria set forth in LDR Section 2.4.5(M}
Attachments:
^ Proposed Ordinance
^ LDR Section 4.4.13{B}
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,A~END~~NTTOTHE _~
LAND ~EU'ELQPI~ENT
"' I~EULATICINS
The Ciiy Commis~an of the City of Defray Beach, Florida,
proposes to adopt the following ordinances:
ORO1Ngt~DE ~ti1.32.09
AN ORDINANCE OF THE CITY COMMISSIfltJ OF THE
~ CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF
• BY AMENDING SECTION
FLORIDA
DELRAY BEACH
~ ,
,
4.4,13, "CENTRAL BUSINESS (CBD) .DISTRICT",
SUBSECTION (B), "PRINCIPAL USES AND STRUC-
TURES PERMITTED", TO CLARIFY THAT PUBLIC OPEN
SPACElPLAZA IS A PERMITTED USE IN THE CENTRAL
~
~ BUSINESS DISTRICT; PROVIDING A SAVING CLAUSI=,
~ A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
~ DATE.
Q.I~D.~Ai~C_~O.33.09 . I
~,
n AN ORDINANCE OF THE CITY COMMISSION OF THE
;' CI`fY OF DELRAY BEACH, FLORIDA, AMENDING THE
~ LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH
FLORIDA
BY AMENDING SUBSEC- `
,
,
TION 2.4.3(K}, "FEES", SUB-SUBSECTION (i}, "DEVEL-
OPMENT APPLICATIONS', SUB-SUBSECTION. (3},
"PERMIT FEES", TO PROVIDE FOR AN INCREASE IN
SUCH FEES; PR01tiDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
ORDINANCE NO.35.49
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULA1"IONS OF 'fHE CODE
OF ORDINANCES,. BY AMENDING SECTION 4,6.9,
"OFF-STREET PARKING REQUIREMENTS", SUBSEC-
TION (C}, "NUMBER OF PARKING SPACES REQUIRED",
SUB-SUBSECTION (8}, "MULTIPLE USES", PARR-
GRAPH (A), "SHARED PARKING", TO ALLOW THE UTILI-
~
'
ZATION OF THE SHARED PARKING CALCULAi"IONS,
I TABLE FOR MIXED-USE DEVELOPMENTS WHEN A
• ~ RESIDENTIAL USE IS NOT PROVIDED, PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
DINANCE NO
AN ORDENANCE OF•T'FIE C1T1( COMMISSIC?PI OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES, BY AMENDING SECTION 4.3.4,
°BASE DISTRICT: DEVELOPMENT STANDARDS",
SUBSECTION (K), "DEVELOPMENT STANDARDS
MATRIX", TO CHANGE THE MINIMUM 'BUILDING
SETBACKS FOR THE. RESIDENIAL OFFICE (RO)
DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE,
The City Commission wilt conduct two (2} Public Hearings
far the purpose of accepting public testimony regarding the
proposed ordinance. The first Public Nearing will be held
an TUESDAY JULY 27= 2009 AT 7:00 RM. in the Commis-
sion Chambers at City Hall,10D N.IN, ist Avenue, Delray
Beach, Florida. If the proposed ordinance Is passed on first
reading, a second Public Hearing will be t-eld on TUES-
[,~AY. AUGUST 4, 2009 A7 7:00 P M. (or at any continua-
tion ofsuch meeting which is set by the Commission} in the
Commission Cham~rs at City Hall,100 N.W. 1st Avenue,
Delray Beach, Florida. `
All interested citizens are ihvited to attend the public
hearings and comment uprrn the proposed ordinance or
submit their comments in writing on or before the date of
these hearings to the Planning and Zoning Department,
For further iMarmation or to obtain a copy of the proposed
ordinance, please ccnkact the Planning and Zoning Depart-
nierit, C9y `Hall; 100 N.W. 1st Avenue, Delray Beach,
Florida 33444 (email at pzmaii~mytlelraybeach.com) ar by
calling 5611243-7044}; tietween.the hours of 8:00 a.m. and
5:00 p.m., Monday through Friday, excluding holidays.
Please lie: advised th'atif a person decides to appeal any
decision made bythe-City Cotnmissiori `with respect to any
matter considered at ,these. hearings,: such person may
need to ensure that a verbatim `record includes; the
testirtiony aril evidence upon which the appeal is to.be
based, fihe City does'not provide riot prepare'silct record
pursuant to.F:S: 28fi.(}105..:_ :: ;:
CITY OF DELRAY BEACH .
Chevelle D. Nubin, CMC .:::....: ..:: .. `. :
Ciky Clerk .,, ..':.' ` ...::.' ''.:.:.;:.'; . ,
PUBLISH;;-Tuesday; July 1~; 2009` ';::;`::`;: .:.
... ',Tliirsday, July 30; 20~~`. :. `.
Delray. BsaclilBoca Raton Nei °; .:.. _, <: _. `.