Ord 09-12 DENIEDORDINANCE NO. 09 -12
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 APPENDIX "A ", "DEFINITIONS ",
TO EXPAND THE DEFINITION OF "RESTAURANT (BONA, FIDE)"
TO CLARIFY REQUIRED OPERATIONS AND COMPONENTS FOR
RESTAURANT USES, PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Land Development RegulationAlc 1. 1.6, the Planning and Zoning Board
reviewed the proposed text amendment at a public hearing "February 27, 2012 and voted 4 -;to 0 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 changes are consistent with and furthers the objectives and
policies of the Comprehensive Plan; and y
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and
Zoning Staff Report; and
WHEREAS, the City Co ssion .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.
F
Section 2. That the Land Development: Regulations of the Code of Ordinances of the City of Delray
Beach, Florida; Appendix "A", "Definitions ".be and the same is hereby amended by amending the definition of
"Restaurant (Bona Fide)" to read as follows:
RESTAURANT (BONA FIDE)
(a) A bona fide restaurant shall mean an establishment engaged primarily in the service of food where the sale
or service of alcoholic beverages is incidental to the sale and service of food. A cafeteria or fast food
establishment shall be deemed a bona fide restaurant for the purposes of zoning classification. All other
establishments must meet the following criteria:
1. A bona fide restaurant must, during all hours of operation, continually offer food service
consisting of full course meals;
a. Full course meals shall include a salad or vegetable, entree and dessert.
2. A bona fide restaurant must have full kitchen facilities, which are located in a completely
enclosed room, under roof of the main structure, or in an interior court and food preparation
staff capable of preparing and serving full course meals during all hours of operation.
3. A bona fide restaurant must have a customer service area consisting of tables, chairs or
customer counters. The tables or customer counters within the customer service area must be
of adequate size to accommodate the service of full course meals. All tables, chairs and counter
areas are to remain available for this full course meal service during all hours of operation:
tables and seating cannot be cleared away to accommodate other activities, such as a dance floor
or other open occupancy areas.
4. In order for tables, chairs or customer counters to be included in the customer service area, the
service of full course meals must be available at each seat or chair at each table or customer
counter in accordance with the following:
a. The total number of seats or chairs at the tables, customer counters and bars within the
customer service area must be sufficient to accommodate the maximum occupant load
of the restaurant; `'
b. The full occupant load shall be determined in accordance with the provisions of the
standard Florida Building Code or its successor code.
5. A bona fide restaurant must have the appropriate license issued by the" state as well as all
municipal or county permits required by law, and must meet all local zoning requirements.
386.203(11), do not qualify as bona fide restaurants
6. Service of full course meals must be available aijdlW=s alcoholic bevera es are being served.
Section 3. That all ordinances or parts of ordinances in con `herewith be, and the same are hereby
repealed.
Av-
..
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. `Y
Section 5. That this ordinance shall a Come effective immediately upon passage on second and final
reading.
PASSED AND ADOPTED in regular session on second and final reading on this the day of
2012..
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
—
2 ORD NO. 09 -12
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
Page l of 2
FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING
PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING
THROUGH: CITY MANAGER
DATE: March 14, 2012
SUBJECT: AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF MARCH 20, 2012
ORDINANCE NO. 09-12
ITEM BEFORE COMMISSION
Approval of a city- initiated amendment to the Land Development Regulations (LDRs) that will expand
the definition of "Restaurant ".
BACKGROUND
Over the last several years, the City has become increasingly aware that some establishments in the
downtown area that are approved as restaurants transform into stand -alone bars and nightclubs after a
certain hour of the evening. When this occurs, the uses are in violation because they either become
stand -alone bars for which they are not approved, and /or they fail to satisfy the requirements for
operation as a restaurant.
To help remedy this situation and to make the Land Development Regulations even more clear, the
current definition of restaurant is being expanded. To avoid such establishments from becoming dance
clubs, language is added that requires that all tables, chairs and counter areas are to remain available for
full course meal service during all hours of operation. New language is added that states that "stand
alone bar facilities serving food" do not qualify as bona fide restaurants. Finally, the definition is
strengthened to require that service of full course meals must be available at all times that alcoholic
beverages are being served.
REVIEW BY OTHERS
The Pineapple Grove Main Street Committee reviewed the item at their March 7, 2012 meeting and
recommended approval, subject to adding language that would allow restaurants to move some tables to
provide space for entertainment venues (i.e., bands, music, etc.)
The Planning and Zoning Board reviewed the item at their February 27, 2012 meeting and
recommended approval on a 4 -0 vote.
http:// itwebapp/ AgendalntranetBluesheet .aspx ?ItemlD= 5447 &MeetingID =348 3/28/2012
Coversheet
RECOMMENDATION
Page 2 of 2
By motion, approve Ordinance No. 09 -12 on first reading for a city- initiated amendment to the Land
Development Regulations, Appendix A, "Definitions ", to Clarify Required Operations and Components
for Restaurant Uses, 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= 5447 &MeetinglD=348 3/28/2012
PLANNING AND ZONING BOARD
STAFF REPORT
MEETING DATE: FEBRUARY 27, 2012
AGENDA NO: V. B.
AGENDA ITEM: CONSIDERATION OF A CITY- INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR), BY AMENDING APPENDIX "A"
DEFINITIONS, TO EXPAND THE DEFINITION OF "RESTAURANT"
ITEM BEFORE THE BOARD
The item before the Board is to make a recommendation to the City Commission regarding a city -
initiated amendment to the Land Development Regulations (LDRs) that will expand the definition of
"Restaurant ".
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
Over the last several years, the City has become increasingly aware that some establishments in
the downtown area that are approved as restaurants transform into stand -alone bars and
nightclubs after a certain hour of the evening. When this occurs, the uses are in violation because
they either become stand -alone bars for which they are not approved, and /or they fail to satisfy the
requirements for operation as a restaurant.
To help remedy this situation and to make the Land Development Regulations even more clear,
the current definition of restaurant is being expanded. To avoid such establishments from
becoming dance clubs, language is added that requires that all tables, chairs and counter areas
are to remain available for full course meal service during all hours of operation. New language is
added that states that "stand alone bar facilities serving food" do not qualify as bona fide
restaurants. Finally, the definition is strengthened to require that service of full course meals must
be available at all times that alcoholic beverages are being served.
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. While there were no specific sections of the Comprehensive Plan to support
the proposed amendment, it is not inconsistent with the Comprehensive Plan.
Planning and Zoning Board Staff Report
February 27, 2012
Definition of "Restaurant"
REVIEW BY OTHERS
The Downtown Development Authority (DDA) reviewed the item at their February 13, 2012
meeting and a unanimous recommendation of approval was made, but suggested that language
be added to state that the kitchen staff be on hand at all times.
The West Atlantic Redevelopment Coalition (WARC) reviewed the item at their February 14,
2012 meeting and a unanimous recommendation of approval was made.
The Community Redevelopment Agency (CRA) reviewed the item at their February 23, 2012
meeting and a unanimous recommendation of denial was made. The CRA Board felt that if
restaurants desired to move away tables and chairs at a certain point of the evening, and thereby
transition into a dance floor /night club, that such an option should be available.
The Pineapple Grove Main Street (PGMS) committee will review the item at their March 7, 2012
meeting and their recommendation will be forwarded to the City Commission.
Courtesy Notices
Courtesy notices were provided to the following homeowner and civic associations:
• Neighborhood Advisory Council
• Alliance of Delray
Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting.
ASSESSMENT AND CONCLUSION
The proposed amendment will help to further clarify the required operations and components for a
use to qualify as a restaurant. This should help to curb the conversion activities that are becoming
more prevalent.
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Move a recommendation of approval to the City Commission of the amendment to Land
Development Regulations, Appendix A, "Definitions ", to Clarify Required Operations and
Components for Restaurant Uses, 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, Appendix A, "Definitions ", to Clarify Required Operations and
Components for Restaurant Uses, 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).
K
Planning and Zoning Board Staff Report
February 27, 2012
Definition of "Restaurant"
RECOMMENDED ACTION
Recommend approval of the amendment to Land Development Regulations, Appendix A,
"Definitions ", to Clarify Required Operations and Components for Restaurant Uses, 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:
Draft Language
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