Ord 49-04
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ORDINANCE NO. 49-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES, BY AMENDING SUBSECTION 2.4.6
(H) (3) (D) BY ADDING SUBSECTION 2.4.6(H) (3) (D), (2),
ALLOWING THE USE OF HORSE DRAWN CARRIAGES
FOR SPECIAL EVENTS IF THE OWNER OR OPERATOR
HAS A LICENSE AGREEMENT APPROVED BY THE CITY
COMMISSION AND PROVIDING FOR LIMITED HOURS
IN THE SUMMER SEASON; 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 October 18, 2004, and voted 6 to 0 to
recommend that the changes be approved without the limitations on summer hours; and
WHEREAS, pursuant to Florida Statutes 163.3174(4), the Planning and Zoning Board,
sitting as the local planning agency, has detennined that the change is consistent and furthers the
goals, objectives and policies of the Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITI OF DELRA Y BEACH, FLORIDA AS FOLLOWS:
Section 1. That Section 2.4.6(H)(3), "Regulations and Restrictions" be amended by
amending subsection 2.4.6(H)(3)(d) of the Land Development Regulations of the City of Delray
Beach to read as follows:
2.4.6(H) (3). Regulations and Restrictions.
(d) Horse Drawn Carriage Rides, Ice Skating Rink, Carousel, and other
related Holiday, Seasonal/Temporary Uses.
(1) The horse drawn carriage rides, ice skating rink, carousel, and
other related holiday, seasonal/temporary uses must be sponsored by the City, Community
Redevelopment Agency, the Downtown Joint Venture, or other agency which is formulated
for the purposes of economic development as approved by the City Commission. The
owner/ operator of the horse drawn carriage rides must have a license agreement approved
by the City Commission prior to commencing the use.
"
.(2). In addition to the holiday. seasonal and temporary uses
referred to in Section 2.4.6(H)(3)(d)(1) above. horse drawn carriage rides are also permitted
for certain special events under the terms and for the times permitted in a license agreement.
Horse drawn carriage special event rides not governed by Section 2.4. 6 (H) (3) (d) (1) above.
are only permitted between 6:00 p.m. and 10:00 p.m. from June 1st through November 1.
except for weddings. which may also occur between the hours of 8:00 a.m. and 12:00 noon
from June 1st through November 1st.
Section 2. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, clause 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
hereof other than the part declared invalid.
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 passage on second and
final reading.
\ \0 ~ P ASSED AND~DOPTED in regular session on second and final reading on this
the day of ~\J~Qi .2004.
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ATTEST:
~~.~~
City Clerk
First Reading \\\'d..\ð4
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Second Reading \\~~\~
2 ORD NO. 49-04
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tfl11
SUBJECT: AGENDA ITEM # \ 0 ~ - REGULAR MEETING OF NOVEMBER 16. 2004
ORDINANCE NO. 49-04
DATE: NOVEMBER 12, 2004
This is second reading and second public hearing for ordinance No. 49-04 amending Chapter 2,
"Administrative Provisions", of the Land Development Regulations by amending Section 2.4.6(H),
"Temporary Use Perrmt" regarding horse drawn carriages to allow the use of horse drawn carriages
(for special events) if the owner or operator has a license agreement approved by the City
Commission and providing for limited hours in the summer season.
The proposed amendment will allow horse drawn carriage rides for certain special events including
but not limited to weddings if the owner/operator enters into a license agreement with the City. The
license agreement would identify specific terms and times. Horse drawn carriage special event rides
would not be permitted before 6:00 p.m. or after 10:00 p.m. from June 1st through November 1st for
all special events except for weddings which are also allowed to occur between the hours of 8:00 a.m.
and 12:00 noon from June 1st through November 1st. This restnction would assure that the rides
would not be conducted between the hottest parts of the day.
Attached, please find a letter from Rebecca Learman, President of Horse Drawn Carriages, Inc., in
which she suggests limiting summer events booked before 7:00 p.m. to 1 % hours instead of limiting
the time of day. According to Ms. Learman, most weddings take place in mid to late afternoon (4:00
p.m.) and July is traditionally a popular wedding month. This would allow Horse Drawn Carriages,
Inc. to accommodate their customers and it would be easy work for any carriage horse.
At the first reading on November 2, 2004, the Commission passed Ordinance No. 49-04.
Recommend approval of Ordinance No. 49-04 on second and final reading.
S: \Ct£y Clerk \agenda memos Ord 49.04.Horse Drawn Carnage RIdes, Speaal Events.tt t6 04
, . FAX NO. :561 333 0920 Nov. 05 2004 10:59AM p~
FROM :Horse Drawn CarrIageS
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Rebecca Leannan. Horse Drawn Carriages. Inc. .11715 Sunset Blvd. WPB. FL 33411
Jon Levinson, R£CEIVEO
City ofDe1ray Beach Commissioners ¡nv 5 - 2004
100 NW }" Ave ~~¿rv MANAGË~
Dehay Beach~ F1 33444
November 4 2004
re: Smnmer hours
Again, Thank you for your concern for the welfare of horses working in Delray Beach. I
understand the city~s need to regulate their activity during swnmer events such as
weddings.
Although I work all of Palm Beach County and Martin and Broward, Delray Beach is
very important to me.
We will be on The A venue during the Season and many Dekay brides-to-be will faIl in
love with my carriages and book a wedding. Some of these will be during the summer
months. JuIy is traditionally a popular wedding month.
Because most weddings take place in the mid to late afternoon (4:00pm)~ I would like to
suggest limiting summer events booked before 7:00pm to 131z hours instead of limiting
the time of day.
This would be easy work for any carriage horse and would allow us to accommodate
these brides' and grooms' special day.
Thank you for your consideraûon.
Rebecca Learman
~<¡
Horse Drawn Carriages, Inc. --.. .
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I . CITY COMMISSION DOCUMENTÄTION f
TO: DAVlr~N
FROM: OF PLANNING AND ZONING
PAUL DORLlNG, IRECT
SUBJECT: MEETING OF NOVEMBE ,2004
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS SECTION 2.4.6(H)(3) "REGULATIONS AND
RESTRICTIONS" BY ADDING SUBSECTION 2.4.6(H)(3)(d)(2), ALLOWING
HORSE DRAWN CARRIAGE RIDES FOR SPECIAL EVENTS IF THE
OPERA TOR HAS A LICENSE AGREEMENT APPROVED BY THE CITY
COMMISSION AND PROVIDING LIMITED HOURS IN THE SUMMER
SEASON.
¡
I BACKGROUND I
At its meeting of November 4, 2003 the City Commission approved an amendment to the
Land Development Regulations regarding Section 2.4.6.(H) adding "Horse Drawn Carriage
Rides, Ice Skating Rink, Carousal, and Other Related Holiday, Seasonal/ Temporary Uses"
as one of the temporary use categories allowed under LOR Section 2.4.6 (H). This
amendment further imposed regulations and restrictions under a new sub paragraph 2.4.6
(H)(3)(d) which requires these uses to be sponsored by the City, Community Redevelopment
Agency, the Downtown JOint Venture or other agency which is formulated for the purposes of
economic development as approved by the City Commission.
A new amendment is now proposed which will allow "Horse drawn carriage rides for certain
special events including but not limited to weddings if the owner/operator enters into a
license agreement with the City of Delray Beach. The License agreement would identify
specifics terms and times. Horse drawn carriage special event rides would not be permitted
before 6:00 p.m. or after 10:00 p.m. from June 1st through November 1st for all special
events except for weddings which are also allowed to occur between the hours of 8 00 a.m.
and 12:00 noon from June 1 st through November 1 st". This restriction would assure that the
rides would not be conducted between the hottest parts of the day.
Pursuant to LOR Section 2.4.5(M)(5), approval of an LOR amendment must be based upon a
finding that the amendment IS consistent with and furthers the Goals, Objectives, and
Policies of the Comprehensive Plan. While the amendment does not specifically further the
Goals, Objectives and Policies of the Comprehensive Plan, it is not inconsistent with them.
Therefore, a positive finding can be made with respect to LOR Section 2 4.5(M) (5).
J PLANNING AND ZONING BOARO'CONSIDEAATrOrf' ,
The Planning and Zoning Board first considered the amendment on August 26, 2004. After
discussing the amendment it was continued with direction to provide clarifying language.
The ordinance was amended by the City Attorney's office and reconsidered by the Board at
their October 18th meeting. The Board took public testimony from the owner of Horse
Carriages Inc. (current vendor) who felt there should be no restrictions on the hours of
operation. After deliberation the Planning and Zoning Board recommended approval of the
proposed amendment without the language restricting hours of operation, by adopting the
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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 Section 2.4.5(M) of the Land
Development Regulations.
CRA Review
The CRA considered the LOR amendment at their August 12, 2004 meeting and after
discussion voted to defer this item to the City Commission.
DDA Review
The DDA considered the amendment at their August 13, 2004 meeting and recommended
denial. The Board felt that there should be no restrictions on the hours of operation because
that would be self regulated by the carriage operators. It was thought that the operators
would have the animal's welfare in mind and would not operate at times it would be
dangerous for the anrmals.
t RECOMMENDED ACTION ~
By motion, approve of the amendment to the Land Development Regulations Section
2.4.6(H)(3) "Regulations and Restrictions" by adding Subsection 2.4.6.(H)(3)(d)(2), allowing
Horse Drawn carriages rides for special events if the operator has a license agreement
approved by the City Commission and providing limited hours in the summer season 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 Section 2.4.5(M) of
the Land Development Regulations, with second reading to occur on November 16, 2004.
Attachment: Proposed Ordinance
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ORDINANCE NO. 49-04
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 SUBSECTION 2.4.6 (H)(3)(D) BY
ADDING SUBSECTION 2.4.6(H)(3)(D), (2), ALLOWING THE USE
OF HORSE DRAWN CARRIAGES FOR SPECIAL EVENTS IF
THE OWNER OR OPERATOR HAS A LICENSE AGREEMENT
APPROVED BY THE CITY COMMISSION AND PROVIDING FOR
LIMITED HOURS IN THE SUMMER SEASON; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on October 18, 2004, and voted 6 to 0 to
recommend that the changes be approved without the limitations on summer hours; and
WHEREAS, pursuant to Florida Statutes 163.3174(4), the Planning and Zoning Board,
sitting as the local planning agency, has determined that the change is consistent 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 2.4.6(H)(3), "Regulations and Restrictions" be amended by
amending subsection 2.4.6(H)(3)(d) of the Land Development Regulations of the City of Delray
Beach to read as follows:
2.4.6(H)(3). Regulations and Restrictions.
(d) Horse Drawn Carriage Rides, Ice Skating Rink, Carousel, and other
related Holiday, SeasonalfTemporary Uses.
(1 ) The horse drawn carriage rides, ice skating rink, carousel, and
other related holiday, seasonal/temporary uses must be sponsored by the City, Community
Redevelopment Agency, the Downtown Joint Venture, or other agency which is formulated
for the purposes of economic development as approved by the City Commission. The
owner/operator of the horse drawn carriage rides must have a license agreement
approved by the City Commission prior to commencing the use.
·
í21 In addition to the holiday, seasonal. and temporary uses
referred to in Section 2.4.6(H)(3)(d)(1) above, horse drawn carriaQe rides are also
permitted for certain special events under the terms and for the times permitted in a
license aQreement. Horse drawn carriaQe special event rides not Qoverned by Section
2.4.6(H)(3)(d)(1) above. are only permitted between 6:00 p.m. and 10:00 p.m. from June
1 st throuQh November 1. except for weddinQs, which may also occur between the hours of
8:00 a.m. and 12:00 noon from June 1st throuQh November 1st.
Section 2. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, clause 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 hereof
other than the part declared invalid.
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 passage on second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2004.
ATTEST:
City Clerk MAYOR
First Reading
Second Reading
2 ORD NO. 49-04
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~ ~ ~ ~ . tC: ΠdA.tJ (lJ.IlI1CITY OF DELRAY BEACH (f11iJ
NOTICE OF PROPOSED AMENDMENT TO
THE LAND DEVELOPMENT REGULATIONS
AMENDING SUBSECTION 2.4.6(H)(3)(D)
TO ALLOW THE USE OF HORSE DRAWN
CARRIAGES (FOR SPECIAL EVENTS) IF THE
OWNER OR OPERATOR HAS A LICENSE
AGREEMENT APPROVED BY THE CITY
COMMISSION AND PROVIDING FOR
LIMITED HOURS IN THE SUMMER SEASON
The City Commission of the City of Delray Beach, Florida, proposes to adopt
the following ordinance.
ORDINANCE NO. 49-04
AN ORDINANCE Of THE CITY COMMISSION QF THE CITY Of DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES, BY AMENDING SUBSECTION 2.4.6 (H)(3)(D)
BY ADDING SUBSECTION 2.4.6(H){3){Dj¡ (2), ALLOWING THE USE OF
HORSE DRAWN CARRIAGES (FOR SPECIAL EVENTS) IF THE OWNER OR
OPERATOR HAS A UCENSE AGREEMENT APPROVED BY THE CITY COM-
MISSION AND PROVIDING FOR UMITED HOURS IN THE SUMMER SEASON;
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 ordinance The first Public
. Hearing will be held on TUESDAY. NOVEMBER 2. 2004. AT 7:00 P.M.
in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delroy
Beach, Florida. If the proposed ordinance is passed on first reading, a sec-
ond Public Hearing will be held on TUESDAY. NOVEMBER 16.2004. AT
7:00 P.M. (or at any continuation of such meeting which is set by the
Commission).
All interested citizens are invited to attend the public hearings and comment
upon the proposed ordinance or submit their comments in writing on or before
the date of these hearings to the Planning and Zoning Department. For fur-
ther infolJTlation or to obtain a copy of the proposed ordinance. please con-
tact the Planning and Zoning Deportment, City Hall, 100 N.W. 1st Awnue,
~Delray Beach. Florida 33444 (email at pzmåil@mydelraybeach.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 DEO-
SION MADE BY.THE CITY COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE
THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE
NOR PREPARE SUCH RECORD PURSUANT TO F.S. 286.0105.
CITY OF DElRAY BEACH
Chevelle D. Nubin'
Acting City Clerk
PUBLISH: Monday, October 25,2004
Tuesday, November 9, 2004
AD#: NS1OO471
ee: (JdAO/tuhL
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT TO
THE LAND DEVELOPMENT REGULATIONS
AMENDING SUBSECTION 2.4.6(H)(3)(D)
TO ALLOW THE USE OF HORSE DRAWN
CARRIAGES (FOR SPECIAL EVENTS) IF THE
OWNER OR OPERATOR HAS A LICENSE i
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AGREEMENT APPROVED BY THE CITY g
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COMMISSION AND PROVIDING FOR i5
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LIMITED HOURS IN THE SUMMER SEASON .
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The City Commission of the City of Delray Beach, Flonda, proposes to adopt ~
the following ordinance' 0
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ORDINANCE NO. 49-04 ""
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY z
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF i
THE CODE OF ORDINANCES, BY AMENDING SUBSECTION 2 4 6 (H)(3)(D) I
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BY ADDING SUBSECTION 2.4 6(H)(31(D),(2), ALLOWING THE USE OF m
HORSE DRAWN CARRIAGES (FOR SPECIAL EVENTS) IF THE OWNER OR c.
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OPERATOR HAS A LICENSE AGREEMENT APPROVED BY THE CITY COM- :z:
MISSION AND PROVIDING FOR LIMITED HOURS IN THE SUMMER SEASON; S!
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PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN C"
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EFFECTIVE DATE. ~
The City Commission will conduct two (2) Public Hearings for the purpose of c.
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accepting public testimony regarding the proposed ordinance The first Public en
c.
Hearing will be held on TUESDAY, NOVEMBER 2. 2004, AT 1:00 P.M. ~
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in the Commission Chambers at City Hall, 100 N W. 1 st Avenue, Delroy S!
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Beach, Florida. If the proposed ordinance is passed on first reading, a sec- :I
.,.
ond Public Heanng will be held on TUESDAY, NOVEMBER 16, 2004, AT !II
-
1:00 P.M. (or at any continuation of such meeting which is set by the ?
Commission). N
8
....
All interested citizens are invited to attend the public hearings and comment ...
...
upon the proposed ordinance or submit their comments in writing on or before
the date of these hearings to the Planning and Zoning Deparfment. for fur-
ther information or to obtain a copy of the proposed ordinance, please con-
tact the Planning and Zoning Department, City Hall, 100 N W 1 st Avenue,
Delray Beach, Florida 33444 (email at pzmail@mydelraybeach 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 DECI-
SION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE
THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE
NOR PREPARE SUCH RECORD PURSUANT TO F.S. 2860105
CITY OF DELRAY BEACH
Chevelle D. Nubin
Acting City Clerk
PUBLISH: Monday, October 25, 2004
Tuesday, November 9, 2004
AD#: NS 100471