Ord 43-04 ORDINANCE NO. 43-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVEI,OPMENT REGULATIONS OF THE CODE
OF ORDINANCES, BY AMENDING SECTION 4.4.9,
"GENERAL COMMERCIAL (GC) DISTRICT",
SUBSECTION 4.4.9(]3), "PRINCIPAL USES AND
STRUCTURES PERMI'ITED" TO PROVIDE THAT
COMMERCIAL USES ARE AH.OWED IN MIXED-USE
DEVELOPMENTS IN THE GC ZONING DISTRICT IF
COMMERCIAL USES ARE PROVIDED ON THE GROUND
FLOOR AND OCCUPY NO LESS THAN 25% OF THE
STRUCTURE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning xan4 Zoning Board
reviewed the proposed text amendment at a public hearing held on '~\\~k\~ . and voted
~ to ~) to recommend that the changes be approved; and ~ x ,
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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4.4.9, "General Commercial (GC) District", Subsection 4.4.9(B),
"Principal Uses and Structures Permitted" of the Code of Ordinances of the Land Development
Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(B) Principal Uses and Structures Permitted: The following are allowed within the
GC District as permitted uses, except as prohibited in the West Atlantic Avenue Overlay District by
Section 4.4.9(G)(1)(a):
(1) General retail uses including, but not limited to:
· Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor
covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and
slipcovers, medicines and prescriptions, electrical fixtures and supplies, fabrics, fish,
flowers and plants, fruits and vegetables, food, garden supplies, gifts, glassware,
hardware and paints, home furnishings, ice cream, lawn care equipment, leather
goods, luggage, medical and surgical equipment, music and musical instruments,
nautical supplies, office furniture equipment and supplies, pets and pet supplies,
photographic equipment and supplies, sewing supplies, sporting goods, toys, wearing
apparel and accessories, appliances, bicycles, business machines, jewelry.
(2) Business and Professional uses including, but not limited to:
· Interior decorating, medical and dental clinics, medical and dental laboratories,
photographic studios, printing and publishing, professional offices.
(3) Contractor's Offices, including but not limited to:
· 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:
· Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to
on-site processing for customer pickup only, city 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, gynmastics,
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).
· 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 in the same structure as commercial uses provided that: at Ic-~;t 59%
........ :.~ ...... commercial uses must be t~rovided on the
gro~md floor: commercial uses on the ~ound 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
~ound 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.
2 Ord. No. 43-04
(6) Astrologists, clairvoyants, fortune tellers, palmists, pb_renologists, psychic readers,
spiritualists, numerologists and mental healers, subiect to the locational restrictions of Section
4.4.9(H)(5).
(7) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1).
Section 2. 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 iutisdiction 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same a~e hereby repealed.
Section 4. That this ordinance shall become effective upon its adoption on second and
final reading.
PASSED AND ADOPTED in reg,~l~? session on second and final reading on this the I"'~
day of ~:~,x~a~.~, 200~.
ATI~EST:
Acting City Clerk
First Reading
Second Reading
3 Ord. No. 43-04
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM $$ kC'~ ~ - REGULAR MEETING OF AUGUST 17. 2004
ORDINANCE NO. 43-04 (.AMENDING LDR SECTION 4.4.9(B)(5)
DATI~: AUGUST 13, 2004
This ordinance is before City Commission for second reading and second public hearing to amend
Land Development Regulations (LDR) Section 4.4.9(B)(5), "General Commercial Zoning District", to
provide that commercial uses are allowed in mixed-use developments in the General Commercial
(GC) Zoning District if commercial uses are provided on the ground floor and occupy no less than
25% of the structure.
During the course of reviewing recent development proposals for mixed-use projects, staff has
identified a concern with Land Development Regulations (LDR) Section 4.4.9(B)(5), which requires a
minimum of 50% of the gross floor area of a mixed-use building to be devoted to commercial uses.
The current provision is reasonable for a two-story structure; however it becomes more impractical
for a three or four-story structure. Thus, the proposed amendment would require the ground floor of
a mixed-use building to be devoted to commercial uses and equate to at least 25% of the total building
square footage.
The Planning and Zoning Board held a public hearing regarding this item. After deliberation, the
Board voted 6-0 to recommend to the City Commission approval of the proposed amendment to
Land Development Regulations Section 4.4.9(B)(5), 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 criteria set forth in Sections 1.1.6(A) and 2.4.5(M) of the Land Development Regulations.
At the first reading on August 3, 2004, the City Commission passed the Ordinance No. 43-04.
Recommend approval of Ordinance No. 43-04 on second and final reading.
S:\City Clerk\asenda memo* \O~.43.04.08A 7.04
THRU: PAUL DORLING, DIRECT(~ OF PLANNING AND ZONING
FROM: ROBERT G. TEFFT, SENIOR("'/PLANNER ~.~.F~
SUBJECT: MEETING OF AUGUST 3, 2004
AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION 4.4.9(B) (5), TO
PROVIDE THAT COMMERCIAL USES ARE ALLOWED IN MIXED-USE DEVELOPMENTS IN
THE GC ZONING DISTRICT IF COMMERCIAL USES ARE PROVIDED ON THE GROUND
FLOOR AND OCCUPY NO LESS THAN 25% OF THE STRUCTURE.
During the course of reviewing recent development proposals for mixed-use projects, staff has identified a
concern with LDR Section 4.4.9(B) (5), which requires a minimum of 50% of the gross floor area of a mixed-
use building to be devoted to commercial uses. As development is becoming more intense (i.e. throe and four
stories, rather than two stories), the curront percentage threshold is croating conflicts. The current provision of
at least 50% of the total floor area is reasonable for a two-story structure; however it becomes moro impractical
for a three or four-story structure to accommodate such minimum percentages of commercial floor area. As
mixed-use developments typically consist of commercial uses at ground level with either office or rosidential
use on the second level and residential uses on the remaining upper stories, it is reasonable that the
rogulations should be more reflective of the type of development they are intended to govern. Thus, the
proposed amendment of LDR Section 4.4.9(B) (5) is to roquiro the ground floor of a mixed-use building be
devoted to commercial uses and that the ground floor equates to at least 25% of the total building square
footage. Square footage devoted to vehicular use (i.e. parking spaces, travel lanes, etc.) should be excluded
from the 25% calculation. The amended text will also restrict rosidential uses from occupying the ground level
of a mixed-use structure. Additional background and analysis can be found in the attached Planning and
Zoning Board Staff Report.
Pursuant to LDR Section 2.4.5(M) (5), in addition to the provisions of 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 Comprohensive Plan. The Comprehensive Plan has been roviewed and while the
proposed text amendment does not further any specific Goal, Objective or Policy, the amendment is not
inconsistent with them and will serve to provide less restrictive and more effective regulations regarding mixed-
use development within the GC zoning district.
At its meeting of July 19, 2004, the Planning and Zoning Board held a public hearing in conjunction with the
proposed text amendment. After deliberation, the Board recommended approval of the proposed text
amendment on a vote of 6-0 (Peltzie absent), by adopting the findings of fact and law contained in the staff
report, and finding that the request and approval theroof is consistent with the Comprehensive Plan and meets
criteria set forth in Sections 1.1.6(A) and 2.4.5(M) of the Land Development Regulations.
Move approval on first reading of the amendment to LDR Section 4.4.9(B) (5), by adopting the findings of fact
and law contained in the staff report, and finding that the request and approval theroof is consistent with the
Comprehensive Plan and meets criteria set forth in Sections 1.1.6(A) and 2.4.5(M) of the Land Development
Regulations and set a public hearing date of August 17, 2004.
Attachments: Planning and Zoning Board Staff Report of July 19, 2004; and Proposed Ordinance
MEETING DATE: JULY 19, 2004
AGENDA ITEM: III. F. - AMENDMENT TO LAND DEVELOPMENT REGULATIONS
SECTION 4.4.9(B) (5), TO PROVIDE THAT COMMERCIAL USES ARE
ALLOWED IN MIXED-USE DEVELOPMENTS IN THE GC ZONING
DISTRICT IF COMMERCIAL USES ARE PROVIDED ON THE GROUND
FLOOR AND OCCUPY NO LESS THAN 25% OF THE STRUCTURE.
The item before the Board is that of making a recommendation to the City Commission
regarding an amendment to Land Development Regulations (LDR) Section 4.4.9(B) (5) to
modify the minimum gross floor area requirement for commercial uses in mixed-use
developments in the General Commercial (GC) zoning district, pursuant to LDR Section
2.4.5(M).
Pursuant to LDR Section 1.1.6(A), the text of the LDR may from time to time be amended,
changed, supplemented, or repealed. No such action, however, shall be taken until a
recommendation is obtained from the Planning and Zoning Board and until a public headng has
been held by the City Commission. Any such change shall be made by ordinance, pursuant to
procedures found in LDR Section 2.4.5(M).
At its meeting of March 21, 2000, the City Commission approved on second reading a text
amendment to LDR Section 4.4.9(B) (5), which established the language as to how mixed-use
developments are permitted within the GC zoning district. The text amendment was associated
in part with Comprehensive Plan Amendment 99-1, which was to amend the GC land use
description to correct an inconsistency between the land use and zoning descriptions regarding
stand-alone residential uses, and to establish a maximum allowable density. The text
amendment modified LDR Section 4.4.9(B) (5) as follows:
(5) Dwelling units in the same structure as commercial uses provided that: mere-than at
least 50% of the gross floor area is devoted to commercial uses; residential uses and
non-residential uses are physically separated and have separate accessways; and
the residential density does not exceed 12 units per acre.
Dudng the course of reviewing recent development proposals for mixed-use projects, staff has
identified a concern with the aforementioned section of the LDR. As development is becoming
more intense (i.e. three and four stories, rather than two stories), the current percentage
threshold is creating conflicts. The intent of the mixed-use scenario is to provide residences
that support the commercial and service uses within the development as well as the surrounding
area. The current provision within the LDR requires that at least 50% of the total floor area of
the structure be devoted to commercial use, and while this is reasonable for a two-story
structure it becomes more impractical for a three or four-story structure to accommodate such
minimum percentages of commercial floor area. As mixed-use developments typically consist
Planning and Zoning Board Staff Report
Amendment to LDR Section 4.4.9(B) (5)
Page 2
of commercial uses at ground level with either office or residential use on the second level and
residential uses on the remaining upper stories, it is reasonable that the regulations should be
more reflective of the type of development they are intended to govern. Thus, it is proposed
that the text of LDR Section 4.4.9(B) (5) is amended to require the ground floor of a mixed-use
building be devoted to commercial uses and that the ground floor equates to at least 25% of the
total building square footage. Square footage devoted to vehicular use (i.e. parking spaces,
travel lanes, etc.) should be excluded from the 25% calculation. The amended text will also
restrict residential uses from occupying the ground level of a mixed-use structure.
Pursuant to LDR Section 2.4.5(M) (5), in addition to the provisions of 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. The Comprehensive Plan has
been reviewed and while the proposed text amendment does not further any specific Goal,
Objective or Policy, the amendment is not inconsistent with them and will serve to provide less
restrictive and more effective regulations regarding mixed-use development within the GC
zoning district.
Community Redevelopment Agency:
At its meeting of July 8, 2004, the Community Redevelopment Agency (CRA) recommended
approval of the proposed text amendment.
Downtown Development Authority:
At its meeting of July 14, 2004, the Downtown Development Authority (DDA) recommended
approval of the proposed text amendment.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the amendment to LDR
Section 4.4.9(B) (5), by adopting the findings of fact and law contained in the staff report,
and finding that the request and approval thereof is consistent with the Comprehensive Plan
and meets criteria set forth in Sections 1.1.6(A) and 2.4.5(M) of the Land Development
Regulations.
C. Move a recommendation of denial to the City Commission for the amendment to LDR
Section 4.4.9(B) (5), by adopting the findings of fact and law contained in the staff report,
and finding that the request is inconsistent with the Comprehensive Plan and does not meet
criteria set forth in Sections 1.1.6(A) and 2.4.5(M) of the Land Development Regulations.
Move a recommendation of approval to the City Commission for the amendment to LDR Section
4.4.9(B) (5), by adopting the findings of fact and law contained in the staff report, and finding
that the request and approval thereof is consistent with the Comprehensive Plan and meets
criteria set forth in Sections 1.1.6(A) and 2.4.5(M) of the Land Development Regulations.
A~tachments: proposed Ordinance
Planning and Zoning Board Staff Report
Amendment to LDR Section 4.4.9(B) (5)
Page 3
ORDINANCE NO.~-04
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" TO
PROVIDE THAT COMMERCIAL USES ARE ALLOWED IN
MIXED-USE DEVELOPMENTS IN THE GC ZONING
DISTRICT IF COMMERCIAL USES ARE PROVIDED ON THE
GROUND FLOOR AND OCCUPY NO LESS THAN 25% OF
THE STRUCTURE; 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 , and
voted __ to __ 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4.4.9, "General Commercial (GC) District", Subsection
4.4.9(B), "Principal Uses and Structures Permitted" of the Code of Ordinances of the Land
Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
(B) Principal Uses and Structures Permitted: The following are allowed within the
GC District as permitted uses, except as prohibited in the West Atlantic Avenue Overlay District
by Section 4.4.9(G)(1)(a):
(1) General retail uses including, but not limited to:
· Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor
covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats,
draperies and slipcovers, medicines and prescriptions, electrical fixtures and
supplies, fabrics, fish, flowers and plants, fruits and vegetables, food, garden
supplies, gifts, glassware, hardware and paints, home furnishings, ice cream,
lawn care equipment, leather goods, luggage, medical and surgical equipment,
music and musical instruments, nautical supplies, office furniture equipment and
Planning and Zoning Board Staff Report
Amendment to LDR Section 4.4.9(B) (5)
Page 4
supplies, pets and pet supplies, photographic equipment and supplies, sewing
supplies, sporting goods, toys, wearing apparel and accessories, appliances,
bicycles, business machines, jewelry.
(2) Business and Professional uses including, but not limited to:
· Interior decorating, medical and dental clinics, medical and dental laboratories,
photographic studios, printing and publishing, professional offices.
(3) Contractor's Offices, including but not limited to:
· 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:
· 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).
· 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 in the same structure as commercial uses provided that: atAeast
~no/. of *~'c ..... ~] ....... i~ ,~ .... *"'~ * ........ ~'-~ ..... · commercial uses must be provided
on the ground floor; commercial uses on the qround floor must occupy no less than 25% of the
total structure excludinq square footaqe devoted to vehicular use; residential uses are not
located on the qround 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.
(6) Astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic
readers, spiritualists, numerologists and mental healers, subject to the Iocational restrictions of
Section 4.4.9(H)(5).
(7) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I).
Section 2. 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.
Planning and Zoning Board Staff Report
Amendment to LDR Section 4.4.9(B) (5)
Page 5
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective upon its adoption on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,200_.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT
TO THE LAND DEVELOPMENT
REGULATIONS AMENDING
SUBSECTION 4,4,9(B)TO PROVIDE
THAT COMMERCIAL USES ABE
ALLOWED IN MIXED-USE
DEVELOPMENTS IN THE GC ZONING
,DISTRICT IF COMMERCIAL USES ARE
PROVIDED ON THE GROUND FLOOR
AND OCCUPY NO LESS THAN 25% OF
THE STRUCTURE
Reach Flodda proposes
The City CommisSion of the City of Delray, ,
to adopt the following ordinance:
ORDIN~CE NO, ~ '
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULA-
TIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION
4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT"; SUBSECTION
4.4.9(B), "PRINCIPAL USES AND STRUCTURES PERMITrED" TO
PROVIDE THAT COMMERCIAL USES ARE ALLOWED IN MIXED-USE
DEVELOPMENTS IN THE GC ZONING DISTRICT IF COMMERCIAL USES
ARE PROVIDED ON THE GROUND FLOOR AND OCCUPY NO LESS
THAN 25% OF THE STRUCTURE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the
purpose of accepting public testimony regarding the proposed ordi'
nance. The first Public Hearing will be held on TUESDAY. AUGUST
3. 2004, AT 7:00 RM. in the CommissiOn Chambers at City Hall, 1 O0
N,W. 1st Avenue, Delray Beach, Florida. If the proposed ordinance is
first reading, a second Public Hearing will be held on
TUESDAY. AUGUST 17. 2004. AT 7:00 RM. (or at any continuation of
such meeting which is set by the Commission).
All interested citizens are invited to attend the pUblic hearing~ and
comment upon the proposed ordinance or submit their comments in
writing on or before the date of tl~ase hearings to the Planning and
Zoning Department. For further information-or to obtain a copy of
the proposed ordinance, please contact the Planning and Zoning
Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida
33444 (email at ozmail@mvdelravbeach.com)or by calling
561/243-7040), between the hours of 8:00 a.m. and_5:00 p.m.,
Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT iF A PERSON DECIDES TO APPEAL ANY
DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY
MATTER CONSIDERED AT THESE HEARINGS, SUC'H PERSON MAY
NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTI-
MONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD PUR-
SUANT TO FS. 286.0105.
CITY OF DELRAY BEACH
Chevalle D. Nubin
Acting City Clerk
I~UBLISH: Monday, July 26, 2004