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Ord 29-11ORDINANCE NO. 29 -11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT ", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS ", SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD) ", SUBSECTION (G), `SUPPLEMENTAL DISTRICT REGULATIONS ", TO CLARIFY THE PARKING REQUIREMENTS FOR RESTAURANTS; 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 20, 2011 and voted 6 to 0 to recommend that the changes be approved; and WHEREAS, 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 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 (G), "Supplemental District Regulations ", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. (1) Central Core and Beach Area supplemental Regulations: (a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south, the parking requirements for all non - residential uses, except restaurants, hotels and motels, and business and professional offices, shall be one space for each 300 square feet of gross floor area or fraction thereof. The parking required for the creation of new floor area, shall also include the replacement of any previously required parking which may be eliminated. Within all other geographic areas of the Central Core and Beach Area within the CBD Zone District, the provisions of Section 4.6.9(C) shall apply, as further modified within this Subsection (G)(1). (b) When the parking requirements are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be allowed. This exemption may only occur once per property. (c) If it is impossible or inappropriate to provide required parking on -site or off -site, pursuant to Subsection 4.6.9(E)(4), the in -lieu fee option provided in Section 4.6.9(E)(3) may be applied. (d) For all property located from Swinton Avenue on the west to NE /SE 5`h Avenue to the east, between Atlantic Avenue and the east -west alleys on the north and south sides of Atlantic Avenue as shown on the Town of Linton Plat (P.B. 1. P G 3), the parking requirement for restaurants is established at 12 spaces per 1,000 square feet of gross floor area up to 6.000 sq ft. and then 15 spaces per 1.000 sic ft of gross floor area over the initial 6,000 sq. ft., with the exception of Old School Square. The parking requirement for restaurants in the balance of the Central Core and Beach Area is established at six (6) spaces per 1,000 sq. ft. of gross floor area. (e) The parking requirement for hotels and motels within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south is established at 0.7 of a space for each guest room plus one (1) space per 300 sq. ft. of floor area devoted to ballrooms, meeting rooms, and shops and 12 spaces ger 1,000 square feet of gross floor area up to 6,000 sq ft. and then 15 spaces per 1,000 sq. ft of gross floor area over the initial 6,000 sq. ft., for restaurants and lounges within a hotel or motel on propeM located from Swinton Avenue on the west to NE /SE 5`h Avenue to the east, between Atlantic Avenue and the east -west alleys on the north and south sides of Atlantic Avenue, as shown on the Town of Linton Plat (P.B. 1 P.G. 3). In the balance of the Central Core and Beach Area. ORD. NO. 29 -11 the minimum parking requirement is six (6) spaces per 1,000 sq. ft. of gross floor area devoted to restaurants and lounges within the hotel or motel. (f) The parking requirements for residential units in multi- family structures and mixed -use buildings shall be as follows: • Efficiency dwelling unit 1.0 space /unit • One bedroom dwelling unit 1.25 spaces /unit • Two or more bedroom dwelling unit 1.75 spaces /unit • Guest parking shall be provided cumulatively as follows: - for the first 20 units 0.50 spaces /unit - for units 21 -50 0.30 spaces /unit - for units 51 and above 0.20 spaces /unit Within Townhouse and Townhouse type developments, parking may be provided in front of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. Location of Guest Parking Spaces: Guest parking spaces must be accessible to all visitors and guests and may be centralized or located near recreational features within a development project. (g) The parking requirement for business and professional offices within the following portions of the CBD is established at one (1) space per 300 sq. ft. of net floor area. 1. The portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south; 2. The portion of the CBD bounded by N.E. 5th Avenue on the west, N.E. 6th Avenue on the east, N.E. 2nd Street on the south and George Bush Blvd. on the north; and 3. The portion of the CBD bounded by S.E. 5th Avenue on the west, S.E. 6th Avenue on the east, S.E. 2nd Street on the north and S.E. 4th Street on the south. 3 ORD. NO. 29-11 (2) West Atlantic Neighborhood Supplemental District Regulations: The following supplemental district regulations apply in the West Atlantic Avenue Overlay District as defined in Section 4.5.6(B): (a) Commercial structures are limited to a maximum depth of 150 feet from the ultimate right -of -way of Atlantic Avenue, unless the parcel has frontage on N.W. 5th Avenue or S.W. 5th Avenue. Accessory uses such as parking areas, landscaping, and drainage retention areas may extend beyond the 150 foot limit. Establishment or expansion of structures beyond the 150 foot limit may be allowed as a conditional use, subject to the required findings of Section 2.4.5(E)(5). (b) There is no restriction on repair and /or reconstruction of non - conforming single family residences located a minimum of 150 feet from Atlantic Avenue. (c) Six (6) parking spaces per 1,000 square feet of gross floor area are required for restaurants and one (1) parking space per 300 square feet of gross floor area is required for all other non - residential uses, except hotels and motels, and business and professional offices. Parking spaces for residential uses are required at the rates established in Section 4.6.9(C)(2). (d) The parking requirement for hotels and motels is established at 0.7 of a space for each guest room plus one (1) space per 300 sq. ft. of floor area devoted to ballrooms, meeting rooms, and shops and six (6) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges within the hotel or motel. (e) If it is impossible or inappropriate to provide required parking on site or off -site, the in -lieu fee option provided in Section 4.6.9(E)(3) may be applied. (f) Parking areas and accessways to parking lots must be located to the rear of commercial structures that have frontage on Atlantic Avenue. Where locating parking to the rear of the structure is impossible or inappropriate, the Site Plan Review and Appearance Board may approve an alternate location. (g) The parking requirement for business and professional offices is established at one (1) space per 300 sq. ft. of net floor area. Section 3. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD) ", Subsection (G) "Supplemental District Regulations ", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: 4 ORD. NO. 29-11 (G) Supplemental District Regulations: Supplemental district regulations as set forth in Article 4.6, except as modified herein, apply: (1) Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd Street (Banker's Row) shall comply with either provisions of Article 4.6 of these Supplemental District Regulations [Subsection (G)], or provisions of the Banker's Row Development Plan, whichever is more permissive. (2) The perimeter landscaping requirements of Section 4.6.16(H)(3)(e) shall not apply. (3) All parking, except for single family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley. No such parking shall be located in the area between any street and the closest building or structure. Where there are existing buildings or structures, the Historic Preservation Board may waive this requirement during the site plan review process, provided that it is determined that compliance is not feasible and that the character of the area will be maintained. If approved, such parking shall be substantially screened from off - premises view by a hedge or decorative fencing. (4) Parking Requirements: (a) All non - residential uses, with the exception of restaurants, and business and professional offices, shall provide one parking space per 300 sq. ft. of total new or existing gross floor area being converted to non - residential use. This requirement may be reduced to one parking space per 400 sq. ft. of gross floor area, or by at least one space, where there is a mix of residential and non- residential use in the same structure. (b) Restaurants shall provide six spaces per one thousand square feet of total new or existing floor area being converted to restaurant use, except for Lots 1 through 6 in Block 69 where 12 spaces per 1,000 square feet of gross floor area up to 6,000 sq. ft and then 15 spaces per 1,000 scl ft of gross floor area over the initial 6 -000 sq. ft. is required. (c) Residential -type inns shall provide one parking space per guest room /unit. Other accessory uses shall be calculated separately based upon square footage of the use area as provided for in subsections 4.4.24 (G) (4) (a) and (b) above. (d) Business and professional offices shall provide one (1) space per 300 sq. ft. of total new or existing net floor area being converted to office use. This requirement may be reduced to one parking space per 400 sq. ft. of net floor area, or by at least one space, where there is a mix of residential and office use in the same structure. ORD. NO. 29-11 (5) If it is impossible or inappropriate to provide required parking on -site or off -site, pursuant to Section 4.6.9(E)(4), the in -lieu fee option provided in Section 4.6.9(E)(3) may be collected. For the purpose of this provision, "inappropriateness" may be considered in relationship to the historic character of this zone district. (6) When the parking requirements of Section 4.6.9(C) are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be allowed. This exemption may only occur once per property. 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. t� PASSED AND A OPTED in regular session on second and final rAng on this the p� day of )2011. ATTEST M A City Clerk First Readin Oe.� Second Readinrzz 6 ORD. NO. 29 -11 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director Planning and Zoning THROUGH: David T. Harden, City Manager DATE: September 12, 2011 Pagel of 3 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2011 ORDINANCE NO. 29-11 ITEM BEFORE COMMISSION Second reading of a city- initiated amendment to the Land Development Regulations (LDRs) that will increase the parking requirements for restaurant uses along Atlantic Avenue from Swinton Avenue to NE /SE 5th Avenue, between the east -west alleys that are located immediately north and south of Atlantic Avenue (see attached location map). The parking requirement will be increased from 6 spaces to 12 spaces per 1,000 sq. ft. for restaurants to be equal to parking requirements City -wide. BACKGROUND Historic City Restaurant parking requirements: Staff has researched old City Zoning codes to determine historic parking requirements for restaurants. Prior to 1972 (pre 1959 to 1972) the city's requirements for restaurants were based on seats vs. square footage. These requirements have been converted to spaces per 1,000 sq. ft. by dividing restaurant space into kitchen and dining room spaces. This was done utilizing a standard formula for restaurant layouts which allots about 60 percent of the space for dining and 40 percent for the kitchen and storage area. The seating capacities were then calculated by dividing the 600 sq. ft. by 10, 15 or 20 sq. ft. per person depending on the type of restaurant. An average of 15 sq. ft. for these calculations was utilized resulting in 40 seats per 1,000 sq. ft. restaurant. Citywide (Including CBD until 1973 when CBD zoning was created) Date Parking Requirement Square Footage Equivalent Pre 1959 to approx. 1967 1 space per 4 seats 10 per 1000 1967 to approx 1972 1 space per 4 seats + 1 per 3 employees 10 per 1000 + 1 per 3 employees 1972 to approx 1976 12 spaces per 1000 (Citywide) 12 per 1000 http:// itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemID= 4894 &MeetinglD =330 9/22/2011 Coversheet Page 2 of 3 1976 to approx 1981 12 spaces per 1000 + 1 for every 12 spaces per 1000 + 1 for 10 per 1000 +em /all other uses 1/300 emp every em 1981 -2011 12 spaces per 1000 / 15 per 1000 12 spaces per 1000 / 15 per 1/300 for all uses, including restaurants over 6000 sf 1000 over 6000 sf CBD District (created 1973) Date Parking Requirements 1973-1976 10 per 1000 +em /all other uses 1/300 1976-1980 1/300 for all uses, including restaurants 1980-1984 12 per 1,000 / 15 spaces per 1000 over 6,000 sf for restaurants / all other uses 1/300 1/300 for all uses, including restaurants .1984-1993 1993-2001 1/300 all uses, including restaurants in original DDA area / 6 per 1000 for restaurants in other parts of CBD 2001 -2011 6/1000 restaurants entire CBD (Language added that changes in use must provide parking) Restaurant Parking Ratio Comparisons: During previous discussions, questions were raised about whether a parking ratio of 12 spaces per 1,000 sq. ft. for restaurants was reasonable. As noted above a 1,000 sq. ft. restaurant space has the potential to accommodate 40 seats. If you assume 2 persons per vehicle this would equate to an actual parking impact of 20 vehicles, although there would be significantly more demand than 20 once you factor in the high number of employees also generated by this use. Given these factors, it would appear that 12 spaces per 1,000 is a very conservative number which is significantly less than the potential parking impact of this use. Staff has also reviewed other planning organization's recommendations with respect to restaurant requirements. While the city has 6 per 1,000 in the core area and 12 per 1,000 city wide, the ULI (Urban Land Institute) recommends 14 spaces per 1,000 and the ITE (Institute of Transportation Engineers) recommends 13 spaces per 1,000. City staff has also researched how other municipalities address this issue and found that they range from a high of 16 per 1,000 to a low of 1 per 1,000 (see attached). It is further acknowledged that the City, unlike some other municipalities, does not assess parking for sidewalk cafd seating. In reviewing all of the above info, it is clear the city requirement of 12 per 1,000 is in the same range with surrounding municipalities and industry standards. Current Diversity of Uses: In 2004, the City of Delray Beach Downtown Cluster Study was conducted. Cluster 4 in particular (along Atlantic Avenue from Swinton Avenue to NE /SE 5th Avenue, between the east -west alleys north and south of Atlantic Avenue), was identified as having an abundance of restaurants (36 %) and the study included recommendation language that encouraged retail uses without adding new restaurants. Since then, significant additional conversions to restaurants have occurred, almost doubling the restaurant percentages. Staff canvassed the current uses within Cluster 4 and estimates that the current percentage of restaurant uses on the north side of the street is approaching 56% (63% if you include cafe uses) and 63% (70 % if you include cafes) on the south side of the street. Public Parking utilization rates: http:// itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemID= 4894 &MeetingID =330 9/22/2011 Coversheet Page 3 of 3 The ongoing conversion to restaurants and utilization of the in lieu options (no additional parking provided) has resulted in an impact on the current public parking pool in the downtown area. The adopted Parking Management Plan identifies current utilization rates of public parking. These include utilization rates of surface parking lots in the low to moderate range on the weekdays and moderate to high range (in some cases above capacity range) on Fridays and Saturdays, and the low range on Sundays. The parking garage facilities have low utilization rates on weekdays and Sundays and low to moderate ranges on Fridays and Saturdays. REVIEW BY OTHERS The Pineapple Grove Main Street (PGMS) committee reviewed the item at their June 1, 2011 meeting and discussed their concern over the approach to create a disincentive for restaurants, rather than creating an incentive to achieve what is desired, which is the retention and attraction of retail. They felt that the amendment should be crafted such that it gets us what we want, rather than what we don't want. One suggestion was to evaluate the current "credit" that is given to existing retail establishments when they go about converting to restaurant use; it was suggested that they start at zero and not be given credit for "existing" spaces when those spaces may merely be grandfathered. This approach would in fact increase the parking requirement similar to this amendment. The proposed approach to increase the parking ratio and return them to a level commensurate with the overall city requirement is much more defensible. The Community Redevelopment Agency (CRA) reviewed the item at their June 9, 2011 meeting and recommended that P &Z work with CRA staff to incorporate this amendment with other parking changes such as reductions for offices, etc. There were also questions concerning whether or not doubling of the requirements was too much of a change, and if the area subject to the increase might be changed (i.e. only certain clusters). Since their consideration, the area has been significantly reduced. Staff will be working with the CRA staff on further incentives to encourage business diversity in the downtown. The Downtown Development Authority (DDA) reviewed the item at their June 13, 2011 meeting and a recommendation of approval was made. The West Atlantic Redevelopment Coalition (WARC) reviewed the item at their June 14, 2011 meeting and a recommendation of approval was made. The Planning and Zoning Board reviewed the item at their June 20, 2011 meeting and a unanimous recommendation of approval was made, with the comment that the area affected by this amendment be generally limited to the Central Core area between Swinton Avenue to East 5th Avenue, immediately north and south of Atlantic Avenue. The area recommended by the Planning and Zoning Board is reflected in the current ordinance. RECOMMENDATION By motion, approve Ordinance No. 29 -11 on second reading for a city - initiated amendment to the Land Development Regulations, 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. http: // itwebapp / Agendalntranet /Bluesheet.aspx ?ItemID= 4894 &MeetingID =330 9/22/2011 ORDINANCE NO. 29-11 AN ORDINANCE OF THE CITY COMNIISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT ", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS ", SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD) ", SUBSECTION (G), 'SUPPLEMENTAL DISTRICT REGULATIONS ", TO CLARIFY THE PARKING REQUIREMENTS FOR RESTAURANTS; 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 20, 2011 and voted 6 to 0 to recommend that the changes be approved; and WHEREAS, 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 WHE RE AS, 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 COMNIISSION OF THE QTY 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 (G), "Supplemental District Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. (1) Central Core and Beach Area supplemental Regulations: (a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south, the parking requwements for all non - residential uses, except restaurants, hotels and motels, and business and professional offices, shall be one space for each 300 square feet of gross floor area or fraction thereof. The parking required for the creation of new floor area, shall also include the replacerrent of any previously required parldng which may be eliminated Within all other geographic areas of the Central Core and Beach Area within the CBD Zone District, the provisions of Section 4.6.9(C) shall apply, as further modified within this Subsection (G)(1). (b) When the parking requirements are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be allowed This exemption may only occur once per property. (c) If it is impossible or inappropriate to provide required parking on -site or off -site, pursuant to Subsection 4.6.9(E)(4), the in -lieu fee option provided in Section 4.6.9(E)(3) maybe applied (d) For all propPft located from Swinton Avenue on the west to NE /SE 5" Avenue to the east between Atlantic Avenue and the east -west alleys on the north and south sides of Atlantic Avenue as shown on the Town of Linton Plat (P.B. 1, P G 3) the parlance requirernent for restaurants is established at 12 spaces per 1,000 square feet of gross floor area up to 6,000 sq ft and then 15 spaces per 1,000 sq ft of gross floor area over the initial 6,000 4. ft. , with the exception of Old School Square. The parldng requirement for restaurants in the balance of the Central Core and Beach Area is established at six (6) spaces per 1,000 sq. ft. of gross floor area (e) The parldng requirement for hotels and motels within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south is established at 0.7 of a space for each guest room plus one (1) space per 300 sq. ft. of floor area devoted to ballrooms, meeting rooms, and shops and 12 spaces per 1,000 square feet of gross floor area up to 6,000 sq ft and then 15 spaces per 1,000 4 .ft.. of grross floor area over the initial 6,006 sq. ft. , for restaurants and lounges within a hotel or motel on property located from Swinton Avenue on the west to NE /SE 5' Avenue to the east between Atlantic Avenue and the east -west alleys on the north and south sides of Atlantic Avenue, as shown on the Town of Linton Plat (P.B. 1 P.G. 3). In the balance of the Central Core and Beach Area, ORD. NO.29 -11 the minimum parking requirement is six (6) spaces per 1,000 sq ft. of gross floor area devoted to restaurants and lounges within the hotel or rrotel. (f) The parking requirements for residential twits in multi- family structures and mixed -use buildings shall be as follows: • Efficiency dwelling unit 1.0 space /unit • One bedroom dwelling unit 1.25 spaces /unit • Two or more bedroom dweffing unit 1.75 spaces /unit • Guest parking shall be provided ctnnulatively as follows: - for the first 20 units 0.50 spaces /unit - for units 21 -50 0.30 spaces /unit - for units 51 and above 0.20 spaces /unit Within Townhouse and Townhouse type developments, parking may be provided in front of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. Location of Guest Parking Spaces: Guest parking spaces must be accessible to all visitors and guests and may be centralized or located near recreational features within a development project. (g) The parking requ avrnent for business and professional offices within the following portions of the CBD is established at one (1) space per 300 sq. ft. of net floor area The portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south; 2. The portion of the CBD bounded by N.E. 5th Avenue on the west, N.E. 6th Avenue on the east, N.E. 2nd Street on the south and George Bush Blvd on the north; and 3. The portion of the CBD bounded by S.E. 5th Avenue on the west, S.E . 6th Avenue on the east, S.E. 2nd Street on the north and S.E. 4th Street on the south ORD. NO.29 -11 (2) West Atlantic Neighborhood Supplemental District Regulations: The following supplernental district regulations apply in the West Atlantic Avenue Overlay District as defined in Section 4.5.6(B): (a) Commercial stn rhzes are limited to a rnaximtml depth of 150 feet from the ultimate right -of -way of Atlantic Avenue, unless the parcel has frontage on N.W. 5th Avenue or S.W. 5th Avenue. Accessory uses such as parking areas, landscaping, and drainage retention areas may extend beyond the 150 foot limit. E stablisln-clt or expansion of structures beyond the 150 foot limit may be allowed as a conditional use, subject to the required findings of Section 2.4.5(E)(5). (b) There is no restriction on repair and /or reconstruction of non conforming single family residences located a minimum of 150 feet from Atlantic Avenue. (c) Six (6) parking spaces per 1,000 square feet of gross floor area are required for restaurants and one (1) parking space per 300 square feet of gross floor area is required for all other non - residential uses, except hotels and motels, and business and professional offices. Paridng spaces for residential uses are required at the rates established in Section 4.6.9(C)(2). (d) The parking re uir en-ent for hotels and motels is established at 0.7 of a space for each guest room plus one (1) space per 300 sq. ft. of floor area devoted to ballrooms, meeting rooms, and shops and six (6) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges within the hotel or motel. (e) If it is impossible or inappropriate to provide required parking on site or off -site, the in -lieu fee option provided in Section 4.6.9(E)(3) maybe applied (f) Parldng areas and accessways to parking lots must be located to the rear of conumrcial structures that have frontage on Atlantic Avenue. Where locating parking to the rear of the structure is impossible or inappropriate, the Site Plan Review and Appearance Board may approve an alternate location (g) The parldng requirerrent for business and professional offices is established at one (1) space per 300 sq. ft. of net floor area. Section 3. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD) ", Subsection (G) "Supplemental District Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: ORD. NO.29 -11 (G) Supplemental District Regulations: Supplemental district regulations as set forth in Article 4.6, except as modified herein, apply. (1) Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd Street (Banker's Row) shall comply with either provisions of Article 4.6 of these Supplemental District Regulations [Subsection (G)], or provisions of the Bankers Row Development Plan, whichever is more permissive. (2) The perimeter landscaping requirements of Section 4.6.16(H)(3)(e) shall not apply. (3) All parking, except for single family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley. No such parking shall be located in the area between any street and the closest building or structure. Where there are existing buildings or stn.ictures, the Historic Preservation Board may waive this requirement during the site plan review process, provided that it is determined that compliance is not feasible and that the character of the area will be maintained If approved, such parking shall be substantially screened from off - premises view by a hedge or decorative fencin& (4) Parking Requirements: (a) All non - residential uses, with the exception of restaurants, and business and professional offices, shall provide one parking space per 300 sq. ft. of total new or existing gross floor area being converted to non - residential use. This requirement may be reduced to one parking space per 400 sq ft. of gross floor area, or by at least one space, where there is a mix of residential and non- residential use in the same structure. (b) Restaurants shall provide six spaces per one thousand square feet of total new or existing floor area being converted to restaurant use, except for Lots 1 througkr 6 in Block 69 where 12 spaces per 1,000 square feet of gross floor area up to 6000 scl. ft. and then 15 spaces per 1,000 sq. ft. of gross floor area over the initial 6,000 sa. ft. is regtrired. (c) Residential -type inns shall provide one parking space per guest room /unit. Other accessory uses shall be calculated separately based upon square footage of the use area as provided for in subsections 4.4.24 (G) (4) (a) and (b) above. (d) Business and professional offices shall provide one (1) space per 300 sq. ft. of total new or existing net floor area being converted to office use. This requirement may be reduced to one parking space per 400 sq ft. of net floor area, or by at least one space, where there is a mix of residential and office use in the same structure. ORD. NO.29 -11 (5) If it is impossible or inappropriate to provide required parking on -site or off -site, pursuant to Section 4.6.9(E)(4), the in -lieu fee option provided in Section 4.6.9(E)(3) may be collected For the purpose of this provision, "inappropriateness" may be considered in relationship to the historic character of this zone district. (6) When the parking requirements of Section 4.6.9(C) are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be allowed. This exemption may only occur once per property. 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective imrnetiately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2011. ATTEST City Clerk First Reading Second MAYOR ORD. NO.29 -11 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: September 2, 2011 Page 1 of 4 SUBJECT: AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011 ORDINANCE NO. 29-11 (RECONSIDERATION OF RESTAURANT PARKING REQUIREMENT CHANGE) ITEM BEFORE COMMISSION Reconsideration of a city- initiated amendment to the Land Development Regulations (LDRs) that will increase the parking requirements for restaurant uses along Atlantic Avenue from Swinton Avenue to NE /SE 5th Avenue, between the east -west alleys that are located immediately north and south of Atlantic Avenue (see attached location map). The parking requirement will be increased from 6 spaces to 12 spaces per 1,000 sq. ft. for restaurants to be equal to parking requirements City-wide . BACKGROUND Historic City Restaurant parking requirements: Staff has researched old City Zoning codes to determine historic parking requirements for restaurants. Prior to 1972 (pre 1959 to 1972) the city's requirements for restaurants were based on seats vs. square footage. These requirements have been converted to spaces per 1,000 sq. ft. by dividing restaurant space into kitchen and dining room spaces. This was done utilizing a standard formula for restaurant layouts which allots about 60 percent of the space for dining and 40 percent for the kitchen and storage area. The seating capacities were then calculated by dividing the 600 sq. ft. by 10, 15 or 20 sq. ft. per person depending on the type of restaurant. An average of 15 sq. ft. for these calculations was utilized resulting in 40 seats per 1,000 sq. ft. restaurant. Citywide (Including CBD until 1973 when CBD zoning was created) Date Parking Requirement Square Footage Equivalent Pre 1959 to approx. 1967 1 space per 4 seats 10 per 1000 1967 to approx 1972 1 space per 4 seats + 1 per 3 employees 10 per 1000 + 1 per 3 employees http: // itwebapp /AgendalntranetBluesheet .aspx ?ItemID = 4865 &MeetingID =328 9/12/2011 Coversheet Page 2 of 4 1972 to approx 1976 12 spaces per 1000 (Citywide) 12 per 1000 1976 to approx 1981 12 spaces per 1000 + 1 for every 12 spaces per 1000 + 1 for 1980-1984 emp every em 1981 -2011 12 spaces per 1000 / 15 per 1000 12 spaces per 1000 / 15 per 2001-2011 over 6000 sf 1 1000 over 6000 sf CBD District (created 1973) Date Parking Requirements 1973-1976 10 per 1000 +em /all other uses 1/300 1976-1980 1/300 for all uses, including restaurants 1980-1984 12 per 1,000 / 15 spaces per 1000 over 6,000 sf for restaurants / all other uses 1/300 1984-1993 1/300 for all uses, including restaurants 1993-2001 1/300 all uses, including restaurants in original DDA area / 6 per 1000 for restaurants in other parts of CBD 2001-2011 6/1000 restaurants entire CBD (Language added that changes in use must provide parking) Restaurant Parking Ratio Comparisons: During previous discussions, questions were raised about whether a parking ratio of 12 spaces per 1,000 sq. ft. for restaurants was reasonable. As noted above a 1,000 sq. ft. restaurant space has the potential to accommodate 40 seats. If you assume 2 persons per vehicle this would equate to an actual parking impact of 20 vehicles, although there would be significantly more demand than 20 once you factor in the high number of employees also generated by this use. Given these factors, it would appear that 12 spaces per 1,000 is a generous number which is significantly less than the parking impact of this use. Staff has also reviewed other planning organization's recommendations with respect to restaurant requirements. While the city has 6 per 1,000 in the core area and 12 per 1,000 city wide, the ULI (Urban Land Institute) recommends 14 spaces per 1,000 and the ITE (Institute of Transportation Engineers) recommends 13 spaces per 1,000. City staff has also researched how other municipalities address this issue and found that they range from a high of 16 per 1,000 to a low of 1 per 1,000 (see attached). It is further acknowledged that the City, unlike some other municipalities, does not assess parking for sidewalk cafe seating. In reviewing all of the above info, it is clear the city requirement of 12 per 1,000 is in the same range with surrounding municipalities and industry standards. Current Diversity of Uses: In 2004, the City of Delray Beach Downtown Cluster Study was conducted. Cluster 4 in particular (along Atlantic Avenue from Swinton Avenue to NE /SE 5th Avenue, between the east -west alleys north and south of Atlantic Avenue), was identified as having an abundance of restaurants (36 %) and the study included recommendation language that encouraged retail uses without adding new restaurants. Since then, significant additional conversions to restaurants have occurred, almost doubling the restaurant percentages. Staff canvassed the current uses within Cluster 4 and estimates that the current percentage of restaurant uses on the north side of the street is approaching 56% (63% if you include http: // itwebapp /AgendalntranetBluesheet .aspx ?ItemID = 4865 &MeetingID =328 9/12/2011 Coversheet Page 3 of 4 cafe uses) and 63% (70 % if you include cafes) on the south side of the street. Public Parking utilization rates: The ongoing conversion to restaurants and utilization of the in lieu options (no additional parking provided) has resulted in an impact on the current public parking pool in the downtown area. The adopted Parking Management plan identifies current utilization rates of public parking. These include utilization rates of surface parking lots in the low to moderate range on the weekdays and moderate to high range (in some cases above capacity range) on Fridays and Saturdays, and the low range on Sundays. The parking garage facilities have low utilization rates on weekdays and Sundays and low to moderate ranges on Fridays and Saturdays. REVIEW BY OTHERS The Pineapple Grove Main Street (PGMS) committee reviewed the item at their June 1, 2011 meeting and discussed their concern over the approach to create a disincentive for restaurants, rather than creating an incentive to achieve what is desired, which is the retention and attraction of retail. They felt that the amendment should be crafted such that it gets us what we want, rather than what we don't want. One suggestion was to evaluate the current "credit" that is given to existing retail establishments when they go about converting to restaurant use; it was suggested that they start at zero and not be given credit for "existing" spaces when those spaces may merely be grandfathered. This approach would in fact increase the parking requirement similar to this amendment. The proposed approach to increase the parking ratio and return them to a level commensurate with the overall city requirement is much more defensible. The Community Redevelopment Agency (CRA) reviewed the item at their June 9, 2011 meeting and recommended that P &Z work with CRA staff to incorporate this amendment with other parking changes such as reductions for offices, etc. There were also questions concerning whether or not doubling of the requirements was too much of a change, and if the area subject to the increase might be changed (i.e. only certain clusters). Since their consideration, the area has been significantly reduced. Staff will be working with the CRA staff and further incentives to encourage business diversity in the downtown. The Downtown Development Authority (DDA) reviewed the item at their June 13, 2011 meeting and a recommendation of approval was made. The West Atlantic Redevelopment Coalition (WARC) reviewed the item at their June 14, 2011 meeting and a recommendation of approval was made. The Planning and Zoning Board reviewed the item at their June 20, 2011 meeting and a unanimous recommendation of approval was made, with the comment that the area affected by this amendment be generally limited to the Central Core area between Swinton Avenue to 5th Avenue, immediately north and south of Atlantic Avenue. The area recommended by the Planning and Zoning Board is reflected in the current ordinance. RECOMMENDATION By motion, approve Ordinance No. 29 -11 on first reading for a city- initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and http: // itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemID= 4865 &MeetingID =328 9/12/2011 Page 4 of 4 criteria set forth in http: // itwebapp /AgendaIntranetBluesheet .aspx ?ItemID = 4865 &MeetingID =328 9/12/2011 3�V H1S 3'N 3Ad H1S 3 S LL ]AV Hit 'TN Q 3AV Hit F1 34 Q 3S -1v U L T — one ONZ 'TN ~ IAV OW I'S z Q J Q end 1S L 'TN end *1S L 'I'S J W - O O rU^ rC v 1 v 1 3 n N 3 n b N 0 1 N I M S C v /� O z Q a Q � c w � LL � O rn c o a I CO w N a- U Q z z w O w Q U cLU O cr- 0 _z Y Q 0 w m U) w Q aiw w Ia mo a c� z z O N z Q w c? a za w zo z a a 1, U u a LL a j c o 5N� C ZS w C E y 0 p a ja Q .a � a > v W a o _ m M ry a a p � a O ,y CCCJJJ UUU N V 0 Z C !0 OCO N C O 0 IL a U a O C a T V j O n on c N o0 c 0 a o o ° O V N O N m O ° ry 0 g C C O 0 a a Jf a 0 � Z o. a` v N O � U a v ` C C O A a C O Y > v = m c - O O O > uC0 O O O > V Y a a a m c a y m c a v v a y v pq a v A a° a c -M oi a0 a a m a v o g E o o : a A o 0 + ac O o N O go 3 3 U ,g o p + Wu < + m $ U N u `Q d °QA g c 'a Y o IEW C ° � a ° O Q« a a o n °1 m a v + '° .r u .... n 25 iO o c a .... '" v w .oi 'a^ u Q o n n Z 0 o n 0 0 .+ n E o 1. c `o > a O V O T pQp C > V � O � i V q V V ma U° o m c c n r L m u m E L I --- o m° - - - -- m V° 3 a E a E a" v 3 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: JUNE 20, 2011 AGENDA NO: IV. C. AGENDA ITEM: CONSIDERATION OF A CITY - INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT ", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS ", SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD) ", SUBSECTION (G), `SUPPLEMENTAL DISTRICT REGULATIONS ", AND SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT - RAILROAD CORRIDOR (CBD -RC) ", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS ", TO CLARIFY THE PARKING REQUIREMENTS FOR RESTAURANTS. 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 remove the current parking incentive enjoyed by restaurant uses in the CBD, CBD -RC, and OSSHAD (except in two areas: West Atlantic Avenue and Pineapple Grove Main Street, where additional redevelopment incentives are desired). The parking requirement will be increased to be commensurate with parking requirements City -wide from 6 to 12 spaces per 1,000 sq. ft. for restaurants. 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. BACKGROUND/ANALYSIS Restaurant uses have enjoyed a huge success in downtown Delray Beach. Attracting restaurants, along with mixed -use developments, was an intentional part of the City's rebirth from its days of blight and distress. Creating other incentives, including utilizing shared parking, allowing off -site parking agreements, approval of valet service, have all helped to shape downtown to the success it has become today. In 1990, the Land Development Regulations listed a parking requirement for all uses in the Central Business District at 1 space per 300 sq. ft. and required that any parking spaces that are eliminated through redevelopment be replaced. This 1 space per 300 sq. ft. parking ratio was the requirement for restaurants at that time. In 1993, the parking requirement for restaurants within the original DDA area was increased to six (6) spaces for each 1,000 sq. ft. This was half the requirement for restaurants elsewhere in the city, where the requirement was (and remains) at 12 spaces for the first 6,000 sq. ft., and 15 spaces for each 1,000 sq. ft. over 6,000 sq. ft. This incentive was created to attract restaurant uses into the downtown. This incentive has been extremely successful and we are now experiencing an economically unhealthy saturation of restaurants within certain portions of the downtown area. Planning and Zoning Board Meeting, June 20, 2011 LDR Amendment- Restaurant Parking Requirements in the Central Core In 2004, the City of Delray Beach Downtown Cluster Study was conducted. Cluster 4, in particular, was identified as having an abundance of restaurants, and it recommended no further conversion of retail over to restaurants. While reference to the Cluster Study and its discouragement of restaurant conversions has been made in staff reports, such proposals and conversion have continually been made. A diversity of uses within the downtown is desired to provide customers a variety of options (dining, shopping, entertainment venues, etc.) Limiting options to "dining only" will affect the economic complexion of our downtown. Recently, there has been increased concern by the business community that too many restaurants have saturated the downtown, and that something needs to be done to incentivize new restaurants to areas where they have not currently located (Pineapple Grove and West Atlantic) and to encourage other types of uses including retail opportunities. This amendment increases the required parking for restaurants to what it is in the balance of the City (12/1,000, then 15/1,000 for floor area over 6,000 sq. ft.) in the Central Core and Beach sections of the CBD. The parking requirement of 6 spaces per 1,000 sq. ft. remains unchanged for the Pineapple Grove and the West Atlantic neighborhoods. This amendment should not be characterized as an increase but more as a removal of an incentive which has been extremely successful and is no longer needed. This amendment will provide more of an incentive to retain non - restaurant uses (discourage retail conversions to restaurants) in the Central Core. This change will be followed up with additional incentives for retail retention and expansion with a combined goal to ensure there is a mix of downtown activities that include those beyond exclusively restaurants. 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 and policies support this proposed amendment: GOAL AREA "C" Blighted areas of the city shall be redeveloped and renewed and shall be the major contributing areas to the renaissance of Delray Beach. Obiective C -3 The Central Business District (CBD) and surrounding neighborhoods, including A -1 -A, Seacrest and Swinton Avenue represents the essence of what is Delray Beach i.e. a "village by the sea ". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan by managing growth and preserving the charm. The following policies and activities shall be pursued in the achievement of this objective. Policy C -3.1 The Central Business District (CBD) Zoning District regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: ❑ incentives for locating retail on the ground floor with office and residential use on upper floors. By returning the parking requirement to that which is consistent with this use City -wide, retail uses will become more attractive to the Central Core of the CBD. Restaurant uses will continue to be Planning and Zoning Board Meeting, June 20, 2011 LDR Amendment- Restaurant Parking Requirements in the Central Core incentivized in the Pineapple Grove and West Atlantic Avenue neighborhoods. This amendment is consistent with this policy of the Comprehensive Plan. REVIEW BY OTHERS The Pineapple Grove Main Street (PGMS) committee reviewed the item at their June 1, 2011 meeting and discussed their concern over the approach to create a disincentive for restaurants, rather than creating an incentive to achieve what is desired, which is the retention and attraction of retail. They felt that the amendment should be crafted such that it gets us what we want, rather than what we don't want. One suggestion was to evaluate the current "credit" that is given to existing retail establishments when they go about converting to restaurant use; it was suggested that they start at zero and not be given credit for "existing" spaces when those spaces may merely be grandfathered. This approach would in fact increase the parking requirement similar to this amendment. The proposed approach to remove the current incentive (reduction) enjoyed by the restaurant uses, and return them to a level commensurate with the overall city requirement, is much more defensible. The Community Redevelopment Agency (CRA) reviewed the item at their June 9, 2011 meeting and recommended that P &Z work with CRA staff to incorporate this amendment with other parking changes such as reductions for offices, etc. There were also questions concerning whether or not doubling of the requirements was too much of a change, and if the area subject to the increase might be changed (i.e. only certain clusters). Staff will be working with the CRA staff and further incentives to encourage business diversity in the downtown. The Downtown Development Authority (DDA) reviewed the item at their June 13, 2011 meeting and a recommendation of approval was made. The West Atlantic Redevelopment Coalition (WARC) reviewed the item at their June 14, 2011 meeting and a recommendation of approval was made. Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: • Neighborhood Advisory Council • Progressive Residents of Delray (PROD) Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION By returning the parking requirement to that which is consistent with this use City -wide, retail uses will become more attractive to the Central Core of the CBD. Restaurant uses will continue to be incentivized in the Pineapple Grove and West Atlantic Avenue neighborhoods. 3 Planning and Zoning Board Meeting, June 20, 2011 LDR Amendment- Restaurant Parking Requirements in the Central Core ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, By Amending Section 4.4.13, "Central Business (CBD) District ", Subsection (G), "Supplemental District Regulations ", Section 4.4.24, "Old School Square Historic Arts District (OSSHAD) ", Subsection (G), `Supplemental District Regulations ", And Section 4.4.28, "Central Business District - Railroad Corridor (CBD - RC)", Subsection (G), "Supplemental District Regulations ", To Clarify The Parking Requirements For Restaurants, 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, By Amending Section 4.4.13, "Central Business (CBD) District ", Subsection (G), "Supplemental District Regulations ", Section 4.4.24, "Old School Square Historic Arts District (OSSHAD) ", Subsection (G), `Supplemental District Regulations ", And Section 4.4.28, "Central Business District - Railroad Corridor (CBD - RC)", Subsection (G), "Supplemental District Regulations ", To Clarify The Parking Requirements For Restaurants, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet 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, By Amending Section 4.4.13, "Central Business (CBD) District ", Subsection (G), "Supplemental District Regulations ", Section 4.4.24, "Old School Square Historic Arts District (OSSHAD) ", Subsection (G), `Supplemental District Regulations ", And Section 4.4.28, "Central Business District - Railroad Corridor (CBD -RC) ", Subsection (G), "Supplemental District Regulations ", To Clarify The Parking Requirements For Restaurants, 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). Attachment: • Proposed Ordinance . Opbst Beach a s 6: cl LRAW BEAC IDAL 'RI A.'68. uc.. L f . t4 ririp respect to-1 Pro.-. posi ORDINANCE Ao. AN ORDINANCE OF T49 CiTY:*C6M--_- MISSION OFJHE`CITY OVEPELRAY. BEACH,: FLORIDA AM046ING THE- LAND'DWELopmNtREGULATIONS.: OF THE CITY.OF DELRAY BEACH.--BY, SITE PLAN.''.