Ord 10-12ORDINANCE NO. 10 -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 SECTION 4.6.9, "OFF- STREET PARKING
REGULATIONS ", SUBSECTION (C)(3)(D), "RESTAURANTS "; AND
SECTION 6.3.3(F), "REGULATIONS GOVERNING THE USE, DESIGN,
AND MAINTENANCE OF A SIDEWALK CAFE ", TO CLARIFY
PARKING REQUIREMENTS AND SIDEWALK CAFE COMPONENTS
FOR DELICATESSENS AND SIMILAR USES; 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 February 27, 2012 and voted 4 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 4.6.9, "Off- Street Parking ", Subsection "4.6.9(C), "Number of
Parking Spaces Required ", Sub - Subsection 4.6.9(C)(3), "Requirements for Commercial Uses ",
Paragraph (d), "Restaurants ", of the Land Development Regulations of the Code of Ordinances of
the City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
(d) Restaurants: Inclusive of drive -ins, drive -thru, snack shops, night clubs, lounges shall
provide 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 sq.ft. All other uses (deli,
sandwich shops, coffee shops sub shops, etc) not classified as a restaurant, but otherwise
qualifying for a sidewalk cafe permit which have no inside seating; shall be considered a
general commercial use with respect to parking requirements All other uses (deli,
sandwich shops coffee shops, sub shops, etc) which have inside seating shall be
considered a restaurant use with respect to parking requirements
Section 3. That Section 6.3.3, "Use and Work in the Public Right of Way ", Subsection
"6.3.3, "Sidewalk Cafe", Paragraph (F), "Regulations Governing the Use, Design, and Maintenance of
a Sidewalk Cafe', of the Land Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, be and the same is hereby amended to read as follows:
(F) Regulations Governing the Use, Design, and Maintenance of a Sidewalk Cafe:
(1) A sidewalk cafe shall only be established in conjunction with a legally established restaurant or
business, where the food product is prepared, processed, or assembled on the premises (for example: deli, ice
cream store, eandg stere, sandwich shop) where the food product preparation is the main or sole purpose of
the business. A business that prepares, processes or assembles food on the premises, where such food
preparation or assemblage is not the main or sole purpose of the business shall not be allowed to establish a
sidewalk cafe.
(2) A sidewalk cafe may only be established in front of the business or along a side street adjacent
to the business, or in front of public open space plazas adjacent to the business, and such businesses
immediately adjacent to the business with which the sidewalk cafe is associated. The sidewalk cafe shall not be
established adjacent to a travel lane or on -street parking, unless there is no ability to establish a sidewalk cafe
adjacent to the storefront, in which case a sidewalk cafe may be located adjacent to a traffic lane or street
parking as long as a five foot clear pedestrian path is provided and the tables and associated chairs provide a
minimum setback of 2' from the vehicular travel lane and associated curbing. This 2' setback does not apply
when the tables are immediately adjacent to on street parking.
(3) Alcoholic beverages may be consumed at a sidewalk cafe.
(4) The use of the tables and chairs at a sidewalk cafe shall be only for the customers of the
business with which the sidewalk cafe is associated. Tables, chairs, umbrellas, barriers and other objects
associated with a sidewalk cafe shall be of quality design, materials and workmanship both to ensure the safety
and convenience of users and to enhance the visual and aesthetic quality of the urban environment, as
previously approved by the City and as shown and depicted in the approved Sidewalk Cafe permit.
Deleted number (5) and renumbered.
(5) Sidewalk cafe operators shall maintain a clear pedestrian path of a minimum of five feet (5') at
all times. The five foot (5) clear pedestrian path shall be parallel to the street and /or alley. In the event a five
foot (5') clear pedestrian path adjacent to the curb is interrupted by street furniture, trees, tree grates or
similar impediments, then the sidewalk cafe operator may provide for a five foot (5') clear pedestrian path
commencing from the edge of the impediment closest to the building facade for a distance of five feet (5')
towards the building. In areas of higher pedestrian traffic or activity or if conditions are such that additional
clearance is required to assure safe pedestrian travel, additional clear space shall be required. A clear
pedestrian path greater than five feet (5') may be required on sidewalks with an adjacent traffic lane.
2 ORD. NO. 10 -12
(6) A "No Table Zone" is hereby established. No sidewalk cafe tables or chairs shall be located
within the "No Table Zone ". The "No Table Zone" is that area located at the intersections of Atlantic
Avenue with any side street, within fifteen feet (15') of the extended curb line. The fifteen feet (15') will be
measured perpendicular to the street from the extended curb. For non - Atlantic Avenue intersections, the
"No Table Zone" shall be ten feet as measured above.
(7) The sidewalk cafe area is to be segregated from the pedestrian pathway by means of barriers
such as planters, railings or other similar moveable fixtures or other clearly visible demarcation. No part of
the barrier shall be located within the required 5' clear pedestrian pathway as defined in subsection (5) above.
(8) In addition to previously approved business signs, the sidewalk cafe may have one of the
following signs:
(a) A wall mounted menu board sign that does not exceed three square feet (3 sq.ft.).
(b) A free standing easel or art object that does not exceed five feet (5') in height that holds a
menu board with a sign face not to exceed six square feet (2 ft. x 3 ft.).
(c) Logos upon table umbrellas.
The free standing easel or art object must be placed immediately in front of the business in the permitted
sidewalk cafe area. These signs shall not require further Site Plan Review and Appearance Board approval
and are an exemption to requirements with the City's sign code. Portable signs shall be prohibited except as
allowed in Section 4.6.7(E) (3) (d) Grand Opening Portable Signs.
(9) Use area and /or seating capacity realized through a sidewalk cafe use and contiguous outdoor
dining areas shall not invoke provisions of the zoning code as they pertain to parking or other matters.
(10) Food may be carried to tables by patrons or served by a table waiterlwaitress for all uses that
have been assessed restaurant parking requirements. All other uses that have been assessed general
commercial parking requirements, but otherwise qualifying for sidewalk cafe permit, shall be for take-out
food only (food may be carried to tables by patrons, waiter /waitress service is allowed). The use of food
preparation stations, trash receptacles and cash registers are prohibited within the sidewalk cafe area.
(11) The use of carpeting, artificial turf, or other services of any kind must be approved as a part of
the sidewalk cafe application.
(12) All services provided to patrons of a sidewalk cafe and all patron activity (i.e., sitting, dining,
etc.) shall occur within the designated sidewalk cafe area, and shall not impinge on the required 5' clear
distance for pedestrian passage at any time.
(13) Hours of operation shall be the same as the associated businesses.
(14) The area covered by the permit, including the sidewalk, curb and gutter immediately adjacent
to it, shall be maintained in a clean, neat, attractive and orderly manner at all times and the area shall be
cleared of all debris and stains on a periodic basis during the day and again at the close of each business day,
ensuring a tidy appearance. The permittee shall also be responsible to pressure clean the sidewalk surface on
ORD. NO. 10 -12
which the sidewalk cafe is located at least once a week or more frequently, if needed and pick up all litter and
debris including litter and debris in the landscaped areas adjacent to the sidewalk cafe area under permit.
(15) No tables, chairs, or any other part of sidewalk cafes shall be attached, chained, or in any
manner affixed to any tree, post, sign or other fixtures, curb or sidewalk within or near the permitted area.
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. il
PASSED AND ADOPTED in regular session on second and final reading on this the day of
2012. Qa�—
ATTEST �\ M A
City Clerk
First Readin
Second Readin A XU
ORD. NO. 10 -12
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: March 28, 2012
SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF APRIL 3, 2012
ORDINANCE NO.10 -12
ITEM BEFORE COMMISSION
Page 1 of 1
This ordinance is before Commission for second reading to consider a city - initiated amendment to the
Land Development Regulations (LDR) Appendix "A ", "Definitions ", to provide a definition of
"Delicatessen ", Section 4.6.9, "Off- Street Parking Regulations ", and Article 6.3, "Use and Work in the
Public Right of Way ", Subsection 6.3.3, "Sidewalk Cafe ", to provide a definition, clarify required
parking, and to clarify the characteristics of a Delicatessen.
BACKGROUND
At the first reading on March 20, 2012, the Commission passed Ordinance No. 10 -12.
RECOMMENDATION
Recommend approval of Ordinance No. 10 -12 on second and final reading.
http: // itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemID= 5488 &MeetinglD =372 4/9/2012
ORDINANCE NO. 10 -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" BY ENACTING A
NEW DEFINITION OF "DELICATESSEN "; BY AMENDING 4.6.9, "OFF -
STREET PARKING REGULATIONS ", SUBSECTION (C)(3)(D),
"RESTAURANTS "; AND SECTION 6.3.3(F), "REGULATIONS
GOVERNING THE USE, DESIGN, AND MAINTENANCE OF A
SIDEWALK CAFA ", TO CLARIFY PARKING REQUIREMENTS AND
SIDEWALK CAFA COMPONENTS FOR DELICATESSENS AND
SIMILAR USES; 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 February 27, 2012 and voted 4 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 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 enacting a new definition
of "Delicatessen" to read as follows:
Delicatessen (Deli l
An establishment where food is sold primarily for consumption off premise. and no counters or
tables for in -store consumption of food are provided, but excludes grocery and supermarkets. These
providers shall be licensed under Florida Department of Business Professional Regulation as a deli
(non - eating establishmentl.
Section 3. That Section 4.6.9, "Off- Street Parking ", Subsection "4.6.9(C), "Number of
Parking Spaces Required ", Sub - Subsection 4.6.9(C)(3), "Requirements for Commercial Uses ",
Paragraph (d), "Restaurants ", of the Land Development Regulations of the Code of Ordinances of
the City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
(d) Restaurants: Inclusive of drive -ins, drive -thru, snack shops, night clubs, lounges shall
provide 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 sq.ft. All other uses (deli,
sandwich shops, coffee shops, sub shops, etc.) not classified as a restaurant, but otherwise
qualifying for a sidewalk cafe permit which have no inside seating shall be considered a
general commercial use with respect to parking requirements. All other uses (deli,
sandwich shops. coffee shops, sub shops, etc.) which have inside seating shall be
considered a restaurant use with respect to parking requirements.
Section 4. That Section 6.3.3, "Use and Work in the Public Right of Way ", Subsection
"6.3.3, "Sidewalk Cafe', Paragraph (F), "Regulations Governing the Use, Design, and Maintenance of
a Sidewalk Cafe ", of the Land Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, be and the same is hereby amended to read as follows:
(F) Regulations Governing the Use, Design, and Maintenance of a Sidewalk Cafe:
(1) A sidewalk cafe shall only be established in conjunction with a legally established restaurant or
business, where the food product is prepared, processed, or assembled on the premises (for example: deli, ice
cream store, eandy - stare, sandwich shop) where the food product preparation is the main or sole purpose of
the business. A business that prepares, processes or assembles food on the premises, where such food
preparation or assemblage is not the main or sole purpose of the business shall not be allowed to establish a
sidewalk cafe.
(2) A sidewalk cafe may only be established in front of the business or along a side street adjacent
to the business, or in front of public open space plazas adjacent to the business, and such businesses
immediately adjacent to the business with which the sidewalk cafe is associated. The sidewalk cafe shall not be
established adjacent to a travel lane or on -street parking, unless there is no ability to establish a sidewalk cafe
adjacent to the storefront, in which case a sidewalk cafe may be located adjacent to a traffic lane or street
parking as long as a five foot clear pedestrian path is provided and the tables and associated chairs provide a
minimum setback of 2' from the vehicular travel lane and associated curbing. This 2' setback does not apply
when the tables are immediately adjacent to on street parking.
(3) Alcoholic beverages may be consumed at a sidewalk cafe.
(4) The use of the tables and chairs at a sidewalk cafe shall be only for the customers of the
business with which the sidewalk cafe is associated. Tables, chairs, umbrellas, barriers and other objects
associated with a sidewalk cafe shall be of quality design, materials and workmanship both to ensure the safety
2 ORD. NO. 10 -12
and convenience of users and to enhance the visual and aesthetic quality of the urban environment, as
previously approved by the City and as shown and depicted in the approved Sidewalk Cafe permit.
Deleted number (S) and renumbered.
(5) Sidewalk cafe operators shall maintain a clear pedestrian path of a minimum of five feet (5') at
all times. The five foot (5') clear pedestrian path shall be parallel to the street and /or alley. In the event a five
foot (5') clear pedestrian path adjacent to the curb is interrupted by street furniture, trees, tree grates or
similar impediments, then the sidewalk cafe operator may provide for a five foot (5') clear pedestrian path
commencing from the edge of the impediment closest to the building facade for a distance of five feet (5)
towards the building. In areas of higher pedestrian traffic or activity or if conditions are such that additional
clearance is required to assure safe pedestrian travel, additional clear space shall be required. A clear
pedestrian path greater than five feet (5� may be required on sidewalks with an adjacent traffic lane.
(6) A "No Table Zone" is hereby established. No sidewalk cafe tables or chairs shall be located
within the "No Table Zone ". The "No Table Zone" is that area located at the intersections of Atlantic
Avenue with any side street, within fifteen feet (15� of the extended curb line. The fifteen feet (15') will be
measured perpendicular to the street from the extended curb. For non - Atlantic Avenue intersections, the
"No Table Zone" shall be ten feet as measured above.
(7) The sidewalk cafe area is to be segregated from the pedestrian pathway by means of barriers
such as planters, railings or other similar moveable fixtures or other clearly visible demarcation. No part of
the barrier shall be located within the required 5' clear pedestrian pathway as defined in subsection (5) above.
(8) In addition to previously approved business signs, the sidewalk cafe may have one of the
following signs:
(a) A wall mounted menu board sign that does not exceed three square feet (3 sq.ft.).
(b) A free standing easel or art object that does not exceed five feet (5') in height that holds a
menu board with a sign face not to exceed six square feet (2 ft. x 3 ft.).
(c) Logos upon table umbrellas.
The free standing easel or art object must be placed immediately, in front of the business in the permitted
sidewalk cafe area. These signs shall not require further Site Plan Review and Appearance Board approval
and are an exemption to requirements with the City's sign code. Portable signs shall be prohibited except as
allowed in Section 4.6.7(E)(3)(d) Grand Opening Portable Signs.
(9) Use area and /or seating capacity realized through a sidewalk cafe use and contiguous outdoor
dining areas shall not invoke provisions of the zoning code as they pertain to parking or other matters.
(10) Food may be carried to tables by patrons or served by a table waiter /waitress for all uses that
have been assessed restaurant parking requirements. All other uses that have been assessed general
commercial parking requirements, but otherwise qualifying for sidewalk cafe permit, shall be for take -out
food only (food may be carried to tables by patrons, no waiter /waitress service is allowed). The use of food
preparation stations, trash receptacles and cash registers are prohibited within the sidewalk cafe area.
ORD. NO. 10 -12
(11) The use of carpeting, artificial turf, or other services of any kind must be approved as a part of
the sidewalk cafe application.
(12) All services provided to patrons of a sidewalk cafe and all patron activity (i.e., sitting, dining,
etc.) shall occur within the designated sidewalk cafe area, and shall not impinge on the required 5' clear
distance for pedestrian passage at any time.
(13) Hours of operation shall be the same as the associated businesses.
(14) The area covered by the permit, including the sidewalk, curb and gutter immediately adjacent
to it, shall be maintained in a clean, neat, attractive and orderly manner at all times and the area shall be
cleared of all debris and stains on a periodic basis during the day and again at the close of each business day,
ensuring a tidy appearance. The permittee shall also be responsible to pressure clean the sidewalk surface on
which the sidewalk cafe is located at least once a week or more frequently, if needed and pick up all litter and
debris including litter and debris in the landscaped areas adjacent to the sidewalk cafe area under permit.
(15) No tables, chairs, or any other part of sidewalk cafes shall be attached, chained, or in any
manner affixed to any tree, post, sign or other fixtures, curb or sidewalk within or near the permitted area.
Section 5. 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 6. That all ordinances or parts of ordinances in conflict here «nth be, and the same are
hereby repealed.
Section 7. 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
2012.
ATTEST
City Clerk
First Reading
Second Reading
MAYOR
ORD. NO. 10 -12
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
Page 1 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.B. - REGULAR COMMISSION MEETING OF MARCH 20, 2012
ORDINANCE NO. 10-12
ITEM BEFORE COMMISSION
Approval of a city- initiated amendment to the Land Development Regulations (LDRs) that will clarify
parking requirements for delicatessen and similar uses, identify how sidewalk cafd components can be
utilized for these uses, and to provide a new definition for delicatessen.
BACKGROUND
The primary purpose of this amendment is to clarify parking requirements for delis, sandwich shops,
coffee shops, and sub shops, and to identify how sidewalk cafd components can be utilized for these
uses, and to provide a new definition for delicatessen. An additional change is included to clarify where
sidewalk cafds can be established by modifying the current reference from "public space" to "in front of
public open space plazas adjacent to the business ".
Delicatessen uses, along with ice cream stores, sandwich shops, sub shops, coffee shops, and other
similar uses with no indoor seating are considered `take -out only' facilities and are assessed a general
commercial parking requirement. If these uses have indoor seating, they are more akin to restaurant uses
and the restaurant parking requirement is applied.
These take -out uses are allowed to have sidewalk cafds where take -out products could be
consumed. Additional clarification is provided in the sidewalk cafd section of the LDRs that limit
sidewalk cafd operations for take -out facilities to take -out food only. Waiter /waitress service to tables is
only allowed for restaurants or facilities which have been assessed restaurant parking requirements.
The amendment also modifies the reference to "open space" in the sidewalk cafd regulations to reflect
"public open space plazas ".
Finally, a definition for Delicatessen is provided to further help regulate and provide a distinction from
restaurant uses.
http:// itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemlD= 5448 &MeetinglD =348 3/28/2012
Coversheet
Page 2 of 2
REVIEW BY OTHERS
The Pineapple Grove Main Street Committee reviewed the item at their March 7, 2012 meeting and
recommended approval.
The Planning and Zoning Board reviewed the item at their February 27, 2012 meeting and a
recommendation for approval on a 4 -0 vote was made.
RECOMMENDATION
By motion, approve Ordinance No. 10 -12 on first reading for a city- initiated amendment to the Land
Development Regulations, Appendix "A ", "Definitions" By Enacting A New Definition Of
"Delicatessen "; By Amending 4.6.9, "Off- Street Parking Regulations ", Subsection (C)(3)(D),
"Restaurants "; And Section 6.3.3(F), "Regulations Governing The Use, Design, And Maintenance Of A
Sidewalk Cafd ", To Clarify Parking Requirements And Sidewalk Cafe Components For Delicatessens
And Similar 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= 5448 &MeetingID =348 3/28/2012
PLANNING AND ZONING BOARD
STAFF REPORT
MEETING DATE: FEBRUARY 27, 2012
AGENDA NO: V. C.
AGENDA ITEM: CONSIDERATION OF A CITY- INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR), BY AMENDING APPENDIX "A"
DEFINITIONS, TO PROVIDE A DEFINITION OF "DELICATESSEN ",
SECTION 4.6.9 "OFF- STREET PARKING REGULATIONS ", AND
ARTICLE 6.3 "USE AND WORK IN THE PUBLIC RIGHT OF WAY ",
SUBSECTION 6.3.3, "SIDEWALK CAFE ", TO CLARIFY REQUIRED
PARKING, AND TO CLARIFY THE CHARACTERISTICS OF A
DELICATESSEN.
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 clarify parking
requirements for delicatessen and similar uses, and to identify how sidewalk cafe components can
be utilized for these uses, and to provide a new definition for delicatessen.
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
The primary purpose of this amendment is to clarify parking requirements for delis, sandwich
shops, coffee shops, and sub shops, and to identify how sidewalk cafe components can be utilized
for these uses, and to provide a new definition for delicatessen. An additional change is included
to clarify that a sidewalk cafe can be established in front of the business or alongside a side street
adjacent to a business or public open space 1p azas (i.e., current reference to "public space" is
being modified to read "public open space plazas ").
A delicatessen use, along with ice cream stores, sandwich shops, sub shops, coffee shops, and
other similar uses with no indoor seating are considered 'take -out only' facilities and are assessed
a general commercial parking requirement. If these uses have indoor seating, they are more akin
to restaurant uses and the restaurant parking requirement is applied.
These take -out uses are allowed to have sidewalk cafes where take -out products could be
consumed. Additional clarification is provided in the sidewalk cafe section of the LDRs that limit
sidewalk cafe operations for take -out facilities to take -out food only. Waiter service to tables is only
allowed for restaurants or facilities which have been assessed restaurant parking requirements.
The amendment also clarifies that sidewalk cafes allowed in public space adjacent to the front or
side street of a business or public space refers to public open space plaza areas (like Worthing
Park) for which the public space language was originally envisioned.
Planning and Zoning Board Staff Report
February 27, 2012
Delicatessen
Finally, a definition for Delicatessen is provided to further help regulate and provide a distinction
from restaurant uses.
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.
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 food must be packaged as "take -out' with utensils.
The West Atlantic Redevelopment Coalition (WARC) reviewed the item at their February 14,
2012 meeting and a unanimous recommendation of approval was made, but with the suggestion
that the full term "delicatessen" be used, and with the shortened nickname of "deli" be included in
parenthesis.
The Community Redevelopment Agency (CRA) reviewed the item at their February 23, 2012
meeting and a consensus was reached to recommend approval.
The Pineapple Grove Main Street (PGMS) committee will review the item at their March 7, 2012
meeting and their recommendation will be reported at the City Commission meeting.
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 ordinance will provide a distinction between restaurants and delicatessens which will
help to regulate such uses, allow application of the appropriate parking ratio assignment, and
clarify appropriate utilization of related sidewalk cafe operations.
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 provide a definition for Delicatessen,
2
Planning and Zoning Board Staff Report
February 27, 2012
Delicatessen
Section 4.6.9, "Off -site Parking Regulations ", and Subsection 6.3.3, "Sidewalk Cafe", 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 provide a definition for Delicatessen,
Section 4.6.9, "Off -site Parking Regulations ", and Subsection 6.3.3, "Sidewalk Cafe", 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, Appendix A
Definitions to provide a definition for Delicatessen, Section 4.6.9, "Off -site Parking
Regulations ", and Subsection 6.3.3, "Sidewalk Cafe", 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
3