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Ord 36-11ORDINANCE NO. 36 -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 4.4.9 "GENERAL COMMERCIAL (GC) DISTRICT ", SUBSECTION 4.4.9(B), "PRINCIPAL USES AND STRUCTURES PERMITTED "; AND SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(B), "PRINCIPAL USES AND STRUCTURES PERMITTED "; TO CLARIFY THAT BICYCLES WITH AN ELECTRIC - HELPER MOTOR ARE THE ONLY MOTORIZED EQUIPMENT PERMITTED IN THE "RENTAL OF SPORTING GOODS AND EQUIPMENT" USE CATEGORY WITHIN THE GC AND CBD ZONING DISTRICTS; 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 September 19, 2011 and voted 6 to 1 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 4.4.9, "General Commercial (GC) District ", Subsection 4.4.9(B), "Principal Uses and Structures Permitted," of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: (B) Principal Uses and Structures Permitted: The following are allowed within the GC District as permitted uses, except as modified in the Four Corners Overlay District by Section 4.4.9(G)(3)(a). (1) General retail uses and /or facilities, including, but not limited to: (a) Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and slipcovers, pharmacies, 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, Professional, and Medical uses including, but not limited to: (a) Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, business offices, professional offices, and medical offices. (3) Contractor's Offices, including but not limited to: (a) Air conditioning, general contractor, electrical, painting, and plumbing; however, any outside storage of materials is prohibited. (4) Services and Facilities including, but not limited to: (a) Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on -site processing for customer pickup only, dry cleaning and laundry pickup stations, financing e.g. banks and similar institutions including drive - through facilities, laundromats limited to self - service facilities, pet grooming, restaurants including drive -in and drive- through, 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 goods and equipment (such as but not limited to bicycles, skates, boogie boards). With the exception of bicycles with an electric- helper motor as defined in section 72.02, Delray Beach Code of Ordinances, all rented sporting goods must be non - motorized. 2 ORD. NO. 36 -11 (b) Abused spouse residence with forty (40) or fewer residents, galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms and clubs, indoor shooting ranges, museums, libraries, newsstands, commercial or public parking lots and parking garages, theaters excluding drive -ins. (5) Dwelling units and residential licensed service provider facilities in the same structure as commercial uses provided that: commercial uses must be provided on the ground floor; commercial uses on the ground floor must occupy no less than 25% of the total structure excluding square footage devoted to vehicular use; residential uses are not located on the ground level; residential uses and non - residential uses are physically separated and have separate accessways; and the residential density does not exceed 12 units per acre, except the Four Corners District which may have a free standing residential building as part of a multi- building unified master plan or the residential component may be a part of a single mixed use building. The density of the Four Corners Master Plan shall not exceed 30 dwelling units per acre and is subject to the provisions under Section 4.4.9 (G) (3) (d) (4) . (6) Astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers, subject to the locational restrictions of Section 4.4.9 (H) (3) . (7) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). Section 3 . That Section 4.4.13, "Central Business (CBD) District ", Subsection 4.4.13(B), "Principal Uses and Structures Permitted," of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the CBD District as a permitted use: (1) General retail uses and /or facilities, including, but not limited to: (a) Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and slipcovers, pharmacies, 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. 3 ORD. NO. 36 -11 (2) Business, Professional and Medical 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, business, medical and 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 for 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 goods and equipment (such as but not limited to bicycles, skates, boogie boards). With the exception of bicycles with an electric - helper motor as defined in section 72.02, Delray Beach Code of Ordinances, all rented sporting goods must be non - motorized. (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 space plazas (4) Multi- family dwelling units, including residential licensed service provider facilities, but 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. (5) Hotels, motels, and residential -type inns except in the West Atlantic Neighborhood. (6) Assisted Living Facilities, Nursing Homes, and Continuing Care Facilities, 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. (7) Bed and Breakfast Inns, except in the West Atlantic Neighborhood, subject to the provisions of Section 4.3.30. 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 4 ORD. NO. 36 -11 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. PASS D AND ADOPTED in regular session on second and final reading on this the day of )2011. Si e ATTEST mAy6V-,,U City Clerk First Readin 0 Second Readin 5 ORD. NO. 36 -11 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 11, 2011 Page 1 of 1 SUBJECT: AGENDA ITEM 10 A - REGULAR COMMISSION MEETING OF OCTOBER 18, 2011 ORDINANCE NO 36 -11 (SECOND READING /SECOND PUBLIC HEARING) ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and public hearing to consider a privately initiated amendment to the Land Development Regulations (LDR) Section 4.4.9. (B), "Principle Uses and Structures Permitted ", and Section 4.4.13 (B), "Principal Uses and Structures Permitted ", to clarify that bicycles with an electic helper motor are the only motorized equipment permitted in the "rental of sporting goods and equipment" use category. BACKGROUND At first reading on October 4, 2011, the Commission passed Ordinance No. 36 -11. At first reading, the Commission discussed a need for additional information regarding maintenance of bicycles equipped with an electric helper motor. The Electric Experience provides a 218.50 square foot indoor service area within the tenant space for the repair of the Segways, and this seems to be the areas that will be used for maintenance /repair of the electric helper bicycles (see attached floor plan). RECOMMENDATION Recommend approval of Ordinance No. 36 -11 on second and final reading. http: // itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemID= 5013 &MeetinglD =362 10/20/2011 ORDINANCE NO. 36-11 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 4.4.9 "GENERAL COMMERCIAL (GC) DISTRICT ", SUBSECTION 4.4.9(B), "PRINCIPAL USES AND STRUCTURES PERMITTED 11; AND SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT ", SUBSECTION 4.4.13(B), "PRINCIPAL USES AND STRUCTURES PERMITTED "; TO CLARIFY THAT BICYCLES WITH AN ELECTRIC - HELPER MOTOR ARE THE ONLY MOTORIZED EQUIPMENT PERMITTED IN THE "RENTAL OF SPORTING GOODS AND EQUIPMENT" USE CATEGORY WITHIN THE GC AND CBD ZONING DISTRICTS; PROVIDING A SAVING CLAUSE, A GENERAL RE PE ALE R 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 September 19, 2011 and voted 6 to 1 to recomnld 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 WIE RE AS, 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 4.4.9, "General Commercial (GC) District ", Subsection 4.4.9(B), "Principal Uses and Structures Permitted," of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: (B) Principal Uses and Structures Permitted The following are allowed within the GC District as permitted uses, except as modified in the Four Comers Overlay District by Section 4.4.9(G)(3)(a). (1) General retail uses and /or facilities, including, but not limited to: (a) Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor covering cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and slipcovers, phan-nacies, 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, Professional, and Nledical uses including but not limited to: (a) Interior decorating medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing business offices, professional offices, and medical offices. (3) Contractor's Offices, including but not limited to: (a) Air conditioning general contractor, electrical, painting and plumbing; however, any outside storage of materials is prohibited (4) Services and Facilities including, but not limited to: (a) Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on-site processing for customer pickup only, dry cleaning and laundry pickup stations, financing e.g. banks and similar institutions including drive - through facilities, laundromats limited to self- service facilities, pet grooming restaurants including drive -in and drive - through, tailoring tobacconist, vocational schools limited to arts and crafts, business, beauty, dancing driving gymnastics, photography, modeling and karate-] udo, small item repair, and rental of sporting goods and equipment (such as but not limited to bicycles, skates, boogie boards). With the exception of bicycles with an electric- helper motor as defined in section 72.02, Delray Beach Code of Ordinances, all rented spo�Qoods must be non - motorized (b) Abused spouse residence with forty (40) or fewer residents, galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g. 2 ORD. NO. 36-11 gyres and clubs, indoor shooting ranges, museums, libraries, newsstands, commercial or public parking lots and parking garages, theaters excluding drive -ins. (5) Dwelling units and residential licensed service provider facilities in the same structure as commercial uses provided that: commercial uses must be provided on the ground floor, commercial uses on the ground floor must occupy no less than 25% of the total structure excluding square footage devoted to vehicular use, residential uses are not located on the ground level, residential uses and non - residential uses are physically separated and have separate accessways, and the residential density does not exceed 12 units per acre, except the Four Corners District which may have a free standing residential building as part of a multi- building unified master plan or the residential component may be a part of a single mixed use building. The density of the Four Corners Master Plan shall not exceed 30 dwelling units per acre and is subject to the provisions under Section 4.4.9 (G)(3)(d)(4). (6) Astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and nnental healers, subject to the locational restrictions of Section 4.4.9(H)(3). (7) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). Section 3. That Section 4.4.13, "Central Business (CBD) District ", Subsection 4.4.13(B), "Principal Uses and Structures Permitted," of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: (B) Principal Uses and Structures Permitted The following types of us>e are allowed within the CBD District as a permitted use: (1) General retail uses and /or facilities, including, but not limited to: (a) Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor covering; cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and slipcovers, pharmacies, 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 instrunnents, 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, Professional and Medical uses pursuant to restrictions set forth in Section ORD. NO. 36-11 4.4.13("(1) including, but not limited to: (a) Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, business, medical and 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 for 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 goods and equipment (such as but not limited to bicycles, skates, boogie boards). With the exception of bicycles with an electric - helper motor as defined in section 72.02, Delray Beach Code of Ordinances, all rented sUOrtin goods must be non-motorized (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 space plazas (4) Multi- family dwelling units, including residential licensed service provider facilities, but excluding duplexes, up to a maximurn 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. (5) Hotels, motels, and residential -type inns except in the West Atlantic Neighborhood (6) Assisted Living Facilities, Nursing Homes, and Continuing Care Facilities, 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. (7) Bed and Breakfast Inns, except in the West Atlantic Neighborhood, subject to the provisions of Section 4.3.3(Y). 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 4 ORD. NO. 36-11 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. PASSED AND ADOPTED in regular session on second and final reading on this the day of /2011. ATTEST City Clerk First Reading Second Reading MAYOR ORD. NO. 36-11 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, AICP, FCP, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: September 28, 2011 SUBJECT: AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 ORDINANCE NO. 36-11/ (FIRST READING /FIRST PUBLIC HEARING) ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of a privately initiated text amendment to LDR (Land Development Regulation) Section 4.4.9(13)(4)(a) [General Commercial — Principal Uses] and Section 4.4.13(B)(3)(a)[Central Business District — Principal Uses] to clarify that bicycles witn an electric- helper motor are the only motorized equipment permitted in the "Rental of Sporting Goods Equipment" use category. BACKGROUND The proposed text amendment is related to the establishment of The Electric Experience at 1047 East Atlantic Avenue. This business wants to rent bicycles that have electric - helper motors to the general public at this site. The current rental of sporting goods and equipment category is limited to non - motorized goods and equipment. As the rental of motorized sporting goods is not currently allowed in the CBD or GC zoning districts, the applicant has submitted this privately- initiated LDR text amendment. It is noted that the applicant has also submitted a conditional use application for Segway sales and tours at this site and a request that the City modify the Code of Ordinances definition of "bicycle" to include the electric - helper motor versions of bicycles. REVIEW BY OTHERS The proposed text amendment was reviewed by the CRA (Community Redevelopment Agency) at its meeting of September 8, 2011 which recommended approval. The DDA (Downtown Development Authority) considered the proposed text amendment at its meeting of September 12, 2011 and recommended approval. At its meeting of September 13, 2011, the WARC (West Atlantic Redevelopment Coalition) considered the proposed text amendment and recommended approval and expressed concerns with the use of these devices on the public sidewalk. Planning and Zoning Board: The Planning and Zoning Board considered the proposed LDR text amendment at its meeting of September 19, 2011 and recommended approval (6 to 1 vote, Mr. Jacquet dissenting). Mr. Jacquet indicated that the rental of motorized bicycles is not consistent with the vision of the City. RECOMMENDATION By motion, approve the text amendment to clarify that "bicycles with an electric- helper motor" are the only motorized equipment permitted in the "rental of sporting goods and equipment" use category in the GC [LDR Section 4.4.9(B)(4)(a)] and CBD [4.4.13(B)(3)(a)] zoning districts, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). MEETING DATE: SEPTEMBER 19, 2011 AGENDA NO.: VI.B. AGENDA ITEM: PRIVATELY - INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATION (LDR) SECTION 4.4.9(B)(4)(a) [GENERAL COMMERCIAL — PRINCIPAL USES] AND SECTION 4.4.13(B)(3)(a) [CENTRAL BUSINESS DISTRICT — PRINCIPAL USES] TO CLARIFY THAT "ELECTRIC- HELPER MOTORIZED BICYCLES" ARE THE ONLY MOTORIZED EQUIPMENT PERMITTED IN THE "RENTAL OF SPORTING GOODS EQUIPMENT" USE CATEGORY. IT1V�,F0F 1'l BOQ�RD, The item before the Board is that of making a recommendation to the City Commission regarding a privately- initiated text amendment to LDR Section 4.4.9(B)(4)(a) [General Commercial District] and 4.4.13(B)(3)(a) [Central Business District]. The amendment will clarify that "electric- helper motorized bicycles" are the only motorized equipment permitted in the "rental of sporting goods and equipment" use category. A corresponding City- initiated Code of Ordinances amendment is being made to modify the definition of "bicycle" to include bicycles that have electric - helper motors. This associated Code of Ordinances amendment will proceed directly to City Commission. Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BA1ND :'- The proposed text amendment is related to the establishment of The Electric Experience at 1047 East Atlantic Avenue. This business wants to rent bicycles that have electric - helper motors to the general public at this site. The current rental of sporting goods and equipment category is limited to non - motorized goods and equipment. As the rental of motorized sporting goods is not currently allowed in the CBD or GC zoning districts, the applicant has submitted this privately- initiated LDR text amendment. It is noted that the applicant has also submitted a conditional use application for Segway sales and tours at this site and a request that the City modify the Code of Ordinances definition of "bicycle" to include the electric - helper motor versions of bicycles. At its meeting of April 21, 1998, the City Commission approved Ordinance #15 -98, which added the rental of sporting goods and equipment such as bicycle, skates, boogie boards, etc. Prior to that time, only the sale of such goods was allowed. During consideration of that Ordinance, there was discussion that this rental category should be limited to non - motorized sporting goods and equipment only. This was based in part on concerns raised during consideration of a prior Ordinance which would have allowed rental of mopeds as a permitted use in the CBD. That ordinance was denied by City Commission. Pursuant to LDR Section 2.4.5(M) (1), amendments to the Land Development Regulations may be initiated by the City Commission, Planning and Zoning Board or City Administration; or an individual may request an amendment. The proposed amendment is a privately- initiated text amendment to the Planning and Zoning Board Staff Report LDR Text Amendment Electric - Helper Motor Assisted Bicycles Land Development Regulations which in concert with the Code of Ordinance definition change will expand the rental of bicycles category allowed under sporting goods and equipment to include both motorized and non - motorized versions. The LDR amendment will also clarify that this is the only motorized sporting goods and equipment permitted in this use category. . 'EN D t AhN1-114 PSIS The following is an excerpt from a justification narrative submitted by the applicant: "...We do not believe that the amendments would have any negative impacts. The suggested language would allow rental of electric -motor assisted bicycles that comply with the statutory definition of "bicycle" It would also clearly state in the LDRs that rental of sporting equipment must be non - motorized equipment (with the exception of electric -motor assisted bicycles). While the apparent intent of the amendment allowing rental of sporting equipment was to only allow rental of non - motorized sporting equipment, the LDR sections proposed to be amended do not state that limitation..." The privately - initiated LDR text amendment will clarify that "electric- helper motorized bicycles" are the only motorized equipment permitted in the "rental of sporting goods and equipment" use category. The Code of Ordinance change will add the electric - helper motor bicycle to the definition of bicycle, the rental of which is a permitted use in the CBD and GC zoning districts. The Code or Ordinances bicycle definition amendment would limit the electric - helper motor to 750 watts (1 horsepower), which has a capable speed of no more than 20 miles per hour. The definition also has a provision that limits these devices to persons 16 years or older to operate or ride upon. The Code of Ordinances chnage and this LDR change apply to bicycles and do not include other motorized devices such as mopeds, scooters, wave runners, jet skis, etc. As noted in the background section of this report, the City Commission approved the rental of certain sporting goods such as bicycles, skates, boogie boards, etc. in April of 1998, in recognition of the service that would be provided to tourists and visitors. Prior to that time, only the sale of such goods were allowed. Since this approval, the Florida State Statutes have been revised to modify the definition of bicycle to include these electric - helper motor assisted devices. These changes clarify that the category of non - motorized sporting goods and equipment will include bicycles as defined by Florida Statutes. Thus, the LDR text amendment and companion Code or Ordinance definition amendment (definition of bicycle) updates these City documents to comport with the current State -wide definition of a bicycle. LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no applicable goals, objectives or policies noted. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. RE1/IEW BY OTHFIRS:.: Community Redevelopment Agency (CRA): At its meeting of September 8, 2011, the CRA reviewed the text amendment request and recommended approval. K Planning and Zoning Board Staff Report LDR Text Amendment Electric - Helper Motor Assisted Bicycles Downtown Development Authority: At its meeting of September 12, 2011, the DDA reviewed the text amendment request and recommended approval. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. A SE .SM�N1`'A VD CONCLUSt N The City has received a privately- initiated LDR text amendment to clarify that "electric- helper motorized bicycles" are the only motorized equipment permitted in the "rental of sporting goods and equipment" use category in the GC and CBD zoning districts. The primary customers of these devices will likely be tourists and visitors. Thus, allowing the rental of such devices may enhance the image of Delray Beach as a destination for this market. A positive finding can be made with respect to LDR Section 2.4.5(M) (5). ALTERNATIV. A+ICjN5 . A. Postpone with direction. B. Move a recommendation of approval to the City Commission of the text amendment to clarify that "electric- helper motorized bicycles" are the only motorized equipment permitted in the "rental of sporting goods and equipment" use category in the GC zoning district [LDR Section 4.4.9(B)(4)(a)] and CBD zoning district [4.4.13(B)(3)(a)], by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5), subject to conditions of approval. C. Move a recommendation of denial to the City Commission of the text amendment to clarify that "electric - helper motorized bicycles" are the only motorized equipment permitted in the "rental of sporting goods and equipment" use category in the GC zoning district [LDR Section 4.4.9(B)(4)(a)] and CBD zoning district [4.4.13(B)(3)(a)], based on a failure to make positive findings as the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M)(5). [� A Y■:rl.: } EGOIIA:M"� - Move a recommendation of approval to the City Commission of the text amendment to clarify that "electric- helper motorized bicycles" are the only motorized equipment permitted in the "rental of sporting goods and equipment" use category in the GC zoning district [LDR Section 4.4.9(B)(4)(a)] and CBD zoning district [4.4.13(B)(3)(a)], by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Attachment: • Applicant's Proposed Ordinance • Proposed Amendmdent to Code of Ordinances Definition of Bicycle 3 r - s � .� -... AY V It'i�OiEI trl tr 9!r • fore ea -�+ � r � ele .. � Nil f -y 1 ti a r '�SPM7l c.e i 4 p Ale iii f -�•.w� �.. +'.�+++r �:■.nr•�■ • o • � � • .� � - .. +mow♦• w ...� - w► +�•ww■�w •w+� • r n • •�� . w•� � . � +. rw w . r r.. r , • • r . .••• �.#1■w1■1►+ .► • �.�+r.•ww -w�r�. wwr ~�..'•.�� � .+.fir..► +► • � �• �.- ...�..�■r. ■��i�w —� • ♦ .w s # • � • • • • ♦ am ► .f■S . MOM r ♦ AIM r ♦ L M L M ft a�♦wrrna T PAI.N IE f BEACH POST ` • WEDIVESDAY,;OOBEIZ „12, 211. No. 627222. a { �tT1(?E ©ELY BEACH; NoiliF PI OPEQrADN[NT Q7 t , 'FCC SHE M,.,' D QELeflV1 ` T Ru��aN te. City G?4brro`t�i��fy° D B�tRf Florida, 'roposes to acopfe'followang ordigrtC ORDINANCE NO.36 -11 AN, INANCE OF THE CiTY� COMMISSION OF DEULAI!~ BEACH AlllrENDING THE EITY`QE:... . r FIA, .... n . THE. I:AND QEVEMPM BI GULA�'IO1V� OF THE CODE OF ` 0 .01NANCES; By AN4 LADING SECTION 4.4:9 "GENliAl COj1AERCU!►I. (GR+Cj DISTRICT SUBSECTION 4.4.9(B)� PRIIJCI USA_ S AND STItURFS _ AND ALLQ... , �Y ANN SEC1l N -'" B�SlNE55 �CBt DlikklCiy'IjBSETII'4.1;3jBf , "PRINCIPAL USES F ANA U* M, ' E (Ihl1'rEW TO. CLARIFY T E.I,CYRIC'HELPER;° jGICC1CtID BICYC1.Si` Aii6` `4i1V1 °MOT ,,.. :.. 't; �Ea�..._ .. UISTRI, { c tr 'xi.' w F.I:. tr::'• d5:.. T F� P CCU e City rniwgi(� conduct two {} Pubi Hearings for the pur oqE ctcce tit public teshnl4h �rd�rti the proposecgrt�trlanGefi9nr3t. Public Hearing wll(: be h�l on Y ItR��n1riSSlOn. zFC....., ...; OI1p`nr }'; at City I-fidlEcQ'�tV,W l st��enu, Delray r< '13`ay _load . if tie. propted �` .. li�nc�s pets on first '�readiitig ai:secohd''�ibltc: �I'' � �r� I!' � ate �'' ` ply =:�#.c continuation of such Meetir► - ,3et r3�ion) in the t ommissiorr q'rr1l1, r qty Fltall,` 10(Y N, : 1 sf, Avert e, t5•? : Y`„si by 3Z;t >4:,�4�• • Yti'. All mf ..r"J" ihz�rtx ore i kt attec��ht lic hearings y I - f 1 ar1dF, i t tt ;proposed or:, . a +$fir on "if bn` , befor they.. _ Mj to the �{'�j('� .y�i��•(/���,j'�.j- �,..... .:�. ���., ¢ W��• � -�• � '}£ s ;� �A�� +^. ��j•4:TC: infprrtatibr CN:oitcrirtq:.f prop�l_ticti!fc (9QS@^ COw'�(GGf: ... P6. :�It1 18 eft'': 3:' SL ;�;a1i. 561:,/ 3040 ` beiwee'�: ei;; 4.....::.. Wdd Kt(onday �: t= Please be advi ed that. If a [+atc q:.I:,��_,:,7,:�;;:;' derision mod - y tha` trityo�pmiaibt� with:.'re tQ' an qw matte �,ctruid` at ttese hearin "` "-` to eiiire that :q%:`v4rEatim;.: record::irlcluiielt~`'tbstiri ` lt` 'and',,.. t ,.;• .. � �Y' - �viccs uRor`vYiihRhi�e. ap is atk= saa; e I ., r GIty does L:.,�Y ; fw4vfC�e�nOr •••Ire1!:.SVCI�`ferd�pu�Sucltlt to CITY IRY �E CH �r .'.,.0 t•:2ti.:Z�_`5.2:•E� >;,:' V. -�,., Il�.l;'.��M�!1 �•��c!. .:f!r,'..?- �d:,�7r3:::% Ott• ,, <i:t;; .•. JCS -.ti ,:F• �:. "!'a "sl':`•' %i`.i'r'•' S`v'c'`".?':: �''c �t.� PUIS�1: ::.,Ttt Palm I3eocEi`F'ost Nlo idaX; Sep.embed' 6, 2011 VVdr►esc�try'ctaber 12, 2011 �,