Ord 79-04
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ORDINANCE NO. 79-04
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 SECTION 4.4.24,
"OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT
(OSSHAD)", SUBSECTION 4.4.24(B), "PRINCIPAL USES
AND STRUCTURES" TO INCLUDE AN ADDITIONAL
PROPERTY THAT IS ALLOWED THE PERMITTED USES
OF THE CBD ZONING DISTRICT; AMENDING
SUBSECTION 4.4.24(F), "DEVELOPMENT STANDARDS",
TO INCLUDE AN ADDITIONAL PROPERTY IN THE
OSSHAD DISTRICT THAT IS SUBJECT TO THE
STANDARDS OF THE CBD ZONING DISTRICT;
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 December 20, 2004 and voted 4 to 1 to
approved the amendments; 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 DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)",
Subsection 4.4.24(B), "Principal Uses and Structures" 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: The following types of uses are allowed within the
OSSHAD as a permitted use:
(1) Residential uses of single family detached dwellings and duplexes.
(2) Business, Professional, and Governmental Offices.
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(3) Retail sales through specialty shops (single purpose businesses) such as: bath
shops, book stores, gift shops, florists, hobby shops, kitchen shops, boutiques, bicycle shops.
(4) Arts related businesses such as craft shops, galleries, and studios within
which is conducted the preparation of, display of, and/or sale of art products such as antiques,
collectibles, custom apparel, jewelry, paintings, photography, picture framing, pottery, sculpture,
stained glass.
(5) Educational and/or Instructional activities including training, vocational, or
craft schools, the arts, personal development, and libraries, museums, and social and philanthropic
institutions.
(6) Restaurants of a sit down nature such as a cafe, snack shop, full service
dining but excluding any drive-in and/or drive-through facilities or features.
fJ)
cosmetologists.
Providing of personal services such as barbershops, beauty shops, salons,
(8)
Bed and Breakfast Inns.
(9) Catering services not associated with a restaurant, subject to the special
regulations of Section 4.4.24(H).
(10) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1).
(11) Within the following described areas, the uses allowed as permitted uses in
Section 4.4.13(B) pursuant to the base district and special provisions of the Central Business
District regulations shall also be allowed in the OSSHAD:
(a) Lots 13-16, Block 60
(b) Lots 1-4, Block 61
(c) Lots 1-7 and 19-24, Block 69
(d) Lots 7-8 and the South 34.75 feet of Lot 6. Block 75; and
(e) Lots 1-6, Block 76
Section 2. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)",
Subsection 4.4.24(F), "Development Standards", 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:
(F) Development Standards: The development standards as set forth, for the OSSHAD
District, in Section 4.3.4 apply, except for:
2
ORD. NO.79-04
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(1) The following locations shall be subject to the standards of the CBD Zone District:
(a) Lots 13-16, Block 60
(b) Lots 1- 4, Block 61
(c) Lots 1- 7 and 19-24, Block 69
(d) Lots 7- 8 and the South 34.75 feet of Lot 6. Block 75: and
(e) Lots 1- 6, Block 76
(2) Parcels located along N .E. 1 st Avenue between N .E. 2nd Street and N .E. 3rd Street
(Banker's Row) shall comply with either provisions of Section 4.3.4 or provisions of the Banker's
Row Development Plan, whichever is more permissive.
Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective upon its adoption on second and
final reading.
\:::::i~ PASSED AND ADOPTED in regular session on second and final reading on this the
~ _ day of ~~ ,2005.
!Jæo~ ~
ATTEST:
~~.~~
City Clerk
Second Reading
First Reading
3
ORD. NO.79-04
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERø1
AGENDA ITEM # 'öß - REGULAR MEETING OF JANUARY 18.. 2005
ORDINANCE NO. 79-04
TO:
SUBJECT:
DATE:
JANUARY 14,2005
This Ordinance is before Commission for second reading and quasijudicial hearing for a privately initiated
amendment to Land Development Regulations (LDR) Section 4.4.24, "Old School Square Historic Arts
District" (OSSHAD), Subsection 4.4.24(B), "Principal Uses and Structures", and Subsection 4.4.24(F),
"Development Standards", to allow the permitted uses and development standards of the Central
Business District (CBD) zoning district to apply to the south 34.75 feet of Lot 6, Block 75.
A development proposal was submitted for a mixed-use development for Lots 5 through 8 and Lots 13
through 16, Block 75. Lots 13 through 16 are zoned CBD and Lots 5 through 8 are zoned OSSHAD.
Accompanying the development request was an LDR text amendment to include Lot 5 and Lot 6 in the
list of properties that could be developed pursuant to the CBD development standards.
At its meeting of September 15, 2004, the Historic Preservation Board recommended approval of the
text amendment. The Planning and Zoning Board recommended denial at its meeting of September 27,
2004. The City Commission considered the text amendment at its meeting of November 2, 2004 and
postponed the ordinance on first reading at the request of the applicant.
The applicant revised the LDR text amendment proposal to include the south 34.75 feet of Lot 6 as the
property to be developed pursuant to the allowed uses and development standards of the CBD zoning
district. The remainder of Lot 5 and Lot 6 would continue to be developed under the OSSHAD district
regulations providing a transition between CBD to the south and OSSHAD to the north.
At its meeting of December 15, 2004, the Historic Preservation Board recommended approval. On
December 20, 2004, the Planning and Zoning Board held a public hearing regarding this item. There
were two members of the public who spoke in opposition to the amendment. After discussing the
amendment, the Board voted 4-1 to recommend to the City Commission approval of the proposed
amendment, by adopting the findings of fact and law contained in the staff report, and fmding that the
request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section
2.4.5(M) (Amendment to the Land Development Regulations).
At the first reading on January 4, 2005, the Commission passed Ordinance No. 79-04.
Recommend approval of Ordinance No. 79-04 on second and final reading.
S:\City Clerk\agenda memos.Ord 79.04.0SSHAD Amending 4.4.4(B) & (~
FROM:
CITY COMMISSION DOCUMENTATION
D VI ~ ,CI
SCOTT PAPE, SENIO PLANNER Vo!L-
MEETING OF JANUARY 4, 2005
PRIVATELY INITIATED AMENDMENT TO LDR SECTION 4.4.24{B) & (F) BY
ALLOWING THE PERMITTED USES AND DEVELOPMENT STANDARDS IN THE
CENTRAL BUSINESS DISTRICT (CBD) TO APPLY TO THE SOUTH 34.75-FEET OF
LOT 6, BLOCK 75 OF THE TOWN OF DELRAY SUBDIVISION.
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TO:
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SUBJECT:
BACKGROUND AND ANALYSIS
A development proposal has been submitted for Lots 5 through 8 and 13 through 16, Block 75 of the
Town of Delray subdivision for a mixed-use development (commercial and residential uses). Lots 13
through 16 are zoned CBD and Lots 5 through 8 are zoned OSSHAD. Lots 7 and 8 are subject to the
CBD development regulations while Lots 5 and 6 are subject to the development standards of
OSSHAD. Accompanying the development request was an LDR text amendment to include Lot 5 and
Lot 6 in the list of properties that could be developed pursuant to the CBD development standards.
At its meeting of September 15, 2004, the Historic Preservation Board recommended to the City
Commission approval of this LDR text amendment. At its meeting of September 27, 2004, the
Planning and Zoning Board recommended denial of the text amendment. The City Commission
considered this text amendment at its meeting of November 2,2004 and postponed the ordinance on
first reading at the request of the applicant.
The applicant has revised the LOR text amendment proposal. The request now includes only the
south 34.75' of Lot 6 as the property which could be developed pursuant to the allowed uses and
development standards of the CBD zoning district. The remainder of Lot 5 and Lot 6 would continue
to be developed under the OSSHAD district regulations providing a transition between CBD to the
south and OSSHAD to the north.
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
Land Development Regulations.
REVIEW BY OTHERS
Community RedeveloDment Aaencv:
The CRA considered the text amendment at its meeting of December 9,2004 and unanimously (4-0)
recommended approval.
PineaDDle Grove Main Street Executive Committee:
At its meeting of December 1, 2004, the Pineapple Grove Main Street Executive Committee
considered the LDR text amendment and recommended approval.
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Historic Preservation Board:
At its meeting of December 15, 2004, the Historic Preservation Board considered the LDR text
amendment to Sections 4.4.24(B) & (F), and the Board unanimously recommended approval.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board held a public hearing regarding this item at its meeting of December
20, 2004. There were two people from the public that expressed opposition to the proposed text
amendment. After discussing the amendment, the Board voted 4-1 (Kincaide dissenting) to
recommend to the City Commission approval of the proposed amendment to Land Development
Regulation Sections 4.4.24(B) and (F), by adopting the findings of fact and law contained in the
attached 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).
RECOMMENDED ACTION
Move to approve the privately initiated Land Development Regulation Text Amendment for the
Pineapple Grove Limited Mixed-Use Project to allow the permitted uses and development standards
of the CBD to apply to the southerly 34.75-feet of Lot 6, Block 75 of the Town of Delray Subdivision
by adopting the findings of fact and law contained in the attached 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: Map of OSSHAD Zoned Properties that are Subject to CBD Development Standards.
Planning and Zoning Memorandum Staff Report of December 20, 2004 and Proposed
Ordinance.
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MAP REF: LMA122
ORDINANCE NO. 79-04
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 4.4.24, "OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION
4.4.24(B), "PRINCIPAL USES AND STRUCTURES" TO INCLUDE
AN ADDITIONAL PROPERTY THAT IS ALLOWED THE
PERMITTED USES OF THE CBD ZONING DISTRICT; AMENDING
SUBSECTION 4.4.24(F), "DEVELOPMENT STANDARDS", TO
INCLUDE AN ADDITIONAL PROPERTY IN THE OSSHAD
DISTRICT THAT IS SUBJECT TO THE STANDARDS OF THE
CBD ZONING DISTRICT; 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 December 20, 2004
and voted 4 to 1 to approved the amendments; 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 4.4.24, "Old School Square Historic Arts District (OSSHAD)",
Subsection 4.4.24(B), "Principal Uses and Structures" 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: The following types of uses are allowed within the
OSSHAD as a permitted use:
(1) Residential uses of single family detached dwellings and duplexes.
(2) Business, Professional, and Governmental Offices.
(3) Retail sales through specialty shops (single purpose businesses) such as:
bath shops, book stores, gift shops, florists, hobby shops, kitchen shops, boutiques, bicycle
shops.
(4) Arts related businesses such as craft shops, galleries, and studios within
which is conducted the preparation of, display of, and/or sale of art products such as antiques,
collectibles, custom apparel, jewelry, paintings, photography, picture framing, pottery, sculpture,
stained glass.
(5) Educational and/or Instructional activities including training, vocational, or
craft schools, the arts, personal development, and libraries, museums, and social and
philanthropic institutions.
(6) Restaurants of a sit down nature such as a cafe, snack shop, full service
dining but excluding any drive-in and/or drive-through facilities or features.
(7) Providing of personal services such as barbershops, beauty shops, salons,
cosmetologists.
(8) Bed and Breakfast Inns.
(9) Catering services not associated with a restaurant, subject to the special
regulations of Section 4.4.24(H).
(10) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1).
(11) Within the following described areas, the uses allowed as permitted uses in
Section 4.4.13(B) pursuant to the base district and special provisions of the Central Business
District regulations shall also be allowed in the OSSHAD:
(a) Lots 13-16, Block 60
(b) Lots 1-4, Block 61
(c) Lots 1-7 and 19-24, Block 69
(d) Lots 7-8 and the South 34.75 feet of Lot 6, Block 75: and
(e) Lots 1-6, Block 76
Section 2. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)",
Subsection 4.4.24(F), "Development Standards", 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:
(F) Development Standards: The development standards as set forth, for the OSSHAD
District, in Section 4.3.4 apply, except for:
(1) The following locations shall be subject to the standards of the CBD Zone District:
2
ORD. NO.79-04
(a) Lots 13-16, Block 60
(b) Lots 1- 4, Block 61
(c) Lots 1- 7 and 19-24, Block 69
(d) Lots 7- 8 and the South 34.75 feet of Lot 6. Block 75; and
(e) Lots 1- 6, Block 76
(2) Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd Street
(Banker's Row) shall comply with either provisions of Section 4.3.4 or provisions of the Banker's
Row Development Plan, whichever is more permissive.
Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. 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 , 2005.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
3
ORD. NO.79-04
MEETING DATE:
DECEMBER 20, 2004
IV.C. PRIVATELY INITIATED AMENDMENT TO LDR SECTION
4.4.24(B) & (F) BY ALLOWING THE PERMITTED USES AND
DEVELOPMENT STANDARDS IN THE CENTRAL BUSINESS
DISTRICT (CBD) TO APPLY TO THE SOUTH 34.75-FEET OF
LOT 6, BLOCK 75 OF THE TOWN OF DELRAY SUBDIVISION.
AGENDA ITEM:
The item before the Board is that of making a recommendation to the City Commission
regarding a privately initiated text amendment to the Land Development Regulations (LOR)
Sections 4.4.24(B) & (F). The applicant proposes to amend the Old School Square Historic
Arts District (OSSHAD) regulations by allowing the permitted uses and development
standards in the Central Business District (CBD)[LDR Section 4.4.13] to apply to the southern
34.75-feet of Lot 6, Block 75 of the Town of Delray subdivision. This lot is located on the east
side of NE 1st Avenue, approximately 163' north of NE 1st Street.
A development proposal has been submitted for Lots 5 through 8 and 13 through 16, Block
75 of the Town of Delray subdivision for a mixed-use development (commercial and
residential uses). Lots 13 through 16 are zoned CBD and Lots 5 through 8 are zoned
OSSHAD; however Lots 7 and 8 are subject to the CBD regulations. Lots 5 and 6 are
currently subject to the development standards of OSSHAD and contain an existing two-
story, 6-unit multiple family structure and a duplex (8 total dwelling units). The duplex was
constructed in 1950 and the 6-unit structure was constructed in 1972. The existing density
for these two lots is approximately 22 dwelling units per acre. Lots 7 and 8, which were the
former site of Neal's Market and Jo's Back Room, are currently vacant. The buildings,
constructed in 1925, 1954, and 1960,· were all demolished in 2001. Lots 13 through 16
contai{1 an auto parts business in a 4,854 square foot building, constructed in 1985 and an
8,556 square foot retail building, constructed in 1965.
At its meeting of September j 5, 20p4, the Historic Preservalion Board recommended to the
City Commission approval of a-request to include a portion of Lot 5 and all of Lot 6, Block 75,
in the list of properties that can be developed pursuant to the CBD development standards.
At its meeting of September 27, 2004, the Planning and Zoning Board recommended to the
City Commission denial of the text amendment. The City Commission considered this text
amendment at its meeting of November 2,2004 and postponed the ordinance on first reading
at the request of the applicant.
Meeting Date: December 20, 2004
Agenda Item: IV.C.
Planning and Zoning Board Staff Report
LDR Text Amendment - Pineapple Grove Limited
Page 2
'~
The applicant has revised the LOR text amendment proposal. The proposal now includes
only the south 34.75' of Lot 6 as being developable pursuant to the allowed uses and
development standards of the CBD zoning district, which is now before the Board.
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Pursuant to LOR 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 Land Development Regulations.
CBO Permitted Uses (lDR Section 4.4.24(B)):
In 1990, with the Citywide rezoning, the OSSHAD (Old School Square Historic Arts District)
zoning district was created and applied to properties located within the historic district,
including Lots 5 through 8. Lots 5 and 6 were rezoned from RO (Residential Office) to
OSSHAO. Lots 7 and 8 were rezoned from GC (General Commercial) to OSSHAD. The
ass HAD zoning was, and continues to be, a district that provides for mixed uses of
residential, office, and commercial activities, and promotes the restoration and reuse of
existing structures. Permitted uses include single family and duplex dwellings, offices, retail
shops, restaurants, arts related businesses, training and vocational schools, libraries and
museums, barber and beauty shops, and bed and breakfast inns. Allowed as conditional )
uses are multi-family dwellings in a mixed-use structure, outdoor dining, various types of
residential care facilities (Le. Adult Congregate Living Facilities, alcohol and drug abuse
treatment facilities, nursing homes), parking lots not associated with a use (Le. public
parking), and resiçJential inns.
There are several lots located within OSSHAD that may be developed in accordance with the
permitted uses and development standards of the CBO. These lots, which are identified in
the attachment, include the blocks fronting on Atlantic Avenue on either side of Swinton
Avenue (excluding the Old School Square complex), the Neal's Market property, and the east
half of Block 76 across from Old School Square. These lots were so identified because their
existing or potential uses and/or development pattern were more typical of the CBO than
OSSHAO ~zoning.
The effect of the revised amendment would be to add the southern 34.75 feet of Lot 6, Block
75, to the list of proþ'erties that càn be developed pursuant to the CBO development
standards. The proposed changes would increase the types of permitted uses that could be
established and allow for a wider, range of retail, service, and office uses, as well as higher
density multi-family residential development.
The amendment as submitted modifies LOR Section 4.4.24(B), to allow permitted uses
pursuant to the CBD district which will accommodate stand alone multi-family uses which are
not currently allowed, and at residential densities up to 30 dwelling units per acre. Currently,
a maximum density of 10.89 du/ac is allowed in the OSSHAD with residential units limited to
single family, duplex or up to maximum of two residential units in a mixed-use structure. The
amendment would permit similar uses as allowed on the adjacent Lots 7 and 8 [also zoned
)
,/
Planning and Zoning Board Staff Report
LDR Text Amendment - Pineapple Grove Limited
Page 3
OSSHAD], which are also part of this overall development. Pursuant to LDR Section
4.4.24(8)(11), special consideration was given to Lots 7 and 8 given the commercial
development history (Neal's Market) of these lots prior to the establishment of the OS SHAD
zoning district.
CBD Development Standards (LDR Section 4.4.24(F):
The applicant has revised the LDR text amendment request to allow the development
standards of the CBD to apply to only the southern 34.75 feet of Lot 6. These development
standards would allow the increase in the height of the building, reduce the setbacks,
increase the lot coverage, reduce the required open space and increase the allowed ratio of
floor area for residential units within a mixed-use development. The result of this text
amendment would allow an increase in height from 35' to 48'. However, it is noted that per
the OSSHAD text amendment adopted on November 16, 2004, an increase in height above
48' is not allowed The proposed text amendment would increase the maximum lot coverage
from 400/0 to 900/0 and the reduction of the minimum open space requirement from 25% to
10%. The text amendment would allow parking within the front yard. The parking for a
mixed-use development would need to comply with the CBD requirements, which are
typically greater for commercial uses and less for multiple family units. The restriction within
the OSSHAD zoning district that limits the residential floor area to not more than 500/0 of a
mixed-use building would be eliminated. The following table identifies the changes in the
setback requirements between the OSSHAD and CBD zoning districts that would result due
to the proposed text amendment noting that the proposed development was submitted prior
to adoption of the downtown design guidelines:
*When there is no dedicated access to the rear of any structure a 10' side yard setback shall
be provided.
Comprehensive Plan Policies:
A review of the objectives and policies of the adopted Comprehensive Plan was conducted
and the following applicable objectives or policies were noted;
-
. -
Future Land Use eiement Obiective A-1 - Property shall be developed or redeveloped
in a manner so that the future use and intensity is appropriate and complies in terms
of soil, topographic, and other applicable physical considerations, is complimentary to
adjacent land uses, and fulfills remaining land use needs.
The ptoperty subject to the proposed LDR text amendment is 34.75' wide by 135' deep
(4,691.25 square feet). The property to the south (Lots 7 and 8) were formerly occupied by
Neal's Market and have the same zoning designations as the subject property. These lots
are zoned OSSHAD but are allowed the permitted uses and are subject to the development
standards of the CBD zoning district. The text amendment associated with the subject
Planning and Zoning Board Staff Report
LOR Text Amendment - Pineapple Grove limited
Page 4
\.
property would be complimentary to this property. Furthermore~ the text amendment would
not create an inconsistency since the southern portion of Lot 5 and remaining portion of Lot 6
are a developable tract of land (8,000 sq. ft. minimum lot size required in OSSHAO) and
would maintain the transition between the properties subject to the CBD zoning district
regulations and the OSSHAD district.
")
Future land Use Element Policy A-4.1 - Prior to approval or recommending approval
of any land use or development application for property located within a historic
district or designated as a historic site, the Historic Preservation Board must make a
finding that the requested action is consistent with the provisions of Section 4.5.1 of
the land Development Regulations relating to historic sites and districts and the
"Del ray Beach Design Guidelines".
Housina Obiective A-12: To assist residents of the City in maintaining and enhancing
their neighborhood environment, the City shall take steps to ensure that modifications
in and around the neighborhood do not lead to its decline, such as those described in
the following policies.
Housina Policy A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on the
stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes
and circulation patterns shall be reviewed in terms of their potential to negatively
impact the safety, habitability and stability of residential areas. If it is determined that
a proposed development will result in a degradation of any neighborhood, the project
shall be modified accordingly or denied.
The increase in the intensity associated with the additional 34.75'-wide strip of land will be
negligible. Since the majority of Lots 5 and 6 will remain under the requirements of the
OSSHAO zoning district, a sufficient transition between the subject property and the historic
district will be provided.
Pursuant to LOR Section 2.4.5(M)(5), 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. While the proposed amendment does not fulfill a specific goal,
objective or policy, the proposal is not inconsistent with them.
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The proposed LOR text amendment is for a 34.75'-wide strip of land that will allow the
permitted uses and development standards of the CBO zoning district to apply to the
OSSHAO zoned property. A positive finding can be made that the text amendment is
consistent, with Comprehensive Plan and LOR Section 2.4.5(M)(5) since the remaining
portions of Lot 6 and the southerly portion of Lot 5 will remain under the guidelines of the
OSSHAO zoning district and provide sufficient transition to the balance of the historic district. ,J
Further, the increase in the intensity of the 34.75'-wide strip will be negligible.
Planning and Zoning Board Staff Report
LDR Text Amendment - Pineapple Grove Limited
Page 5
By motion, recommend to the City Commission approval of the land Development
Regulation Text Amendment for the Pineapple Grove Limited Mixed-Use Project to allow the
permitted uses and development standards of the CBO to apply to the southern 34.75-feet of
lot 6 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 LOR
Section 2.4.5(M)(5).
Attachments:
. Proposed Amendment
. Location Map/OSSHAD Lots Subject to CBD Regulations
-
-
Planning and Zoning Board Staff Report
LDR Text Amendment - Pineapple Grove limited
Page 6
\.
)
PROPOSED LDRAMENDMENT FOR BLOCK 75
(B) Principal Uses and Structures
(11) Within the following described areas, the uses allowed as permitted
uses in Section 4.4.13(B) pursuant to the base district and special provisions of the Central
Business District regulations shall also be allowed in the OSSHAD:
(a) Lots 13-16, Block 60;
(b) Lots 1-4, Block 61;
(c) Lots 1-7 and 19-24, Block 69 [Amd. Ord. 47-99 1/4/00];
(d) Lots 7-8 and the South 34.75-feet of Lot 6. Block 75: and
(e) Lots 1-6, Block 76.
(F) Development Standards:
(1) The following locations shall be subject to the standards of the CBD Zone
District:
(a) Lots 13-16, Block 60;
(b) Lots 1- 4, Block 61;
(c) Lots 1- 7 and 19-24, Block 69 [Amd. Ord. 47-99 1/4/00];
(d) Lots 7- 8 and the South 34.75-feet of Lots 6. Block 75; and
(e) Lots 1- 6, Block 76.
)
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CITY :01 DELHY BEACH
NOTICE, OF PROPOSED AMENDMENT
_, TO ,1."E.·14ND DEVELOPMENT
~.'a~GÜLA'IÖNS B'~' AMENDING -r<
SlCTIQN 4.4.24,''-01J) -SCHOOL
SQUARE HISTORIC ARTS DISTRICT
(ÕSSHAD)", SV'BSECTION 4.~.~4(B),
"PRINCIPAL~USES AND STRUC-
TU.IES"-TO INCLUDE·· AN
-~DDITIÓNAL :'PROPERTY TH~T IS \.
ALLOWED THE ~PERMI'TED.,USES OF
;:-TH~', CIID:·'ZON:ING DISTRICT;
Alt\ENDING SUB.SECTJON 4.4.24(F),
"DEVELOPMENT STANDARDS", TO
INCLUDE AN ADDITIONAL PROPERTY'
IN THE ·OSSHAD DISTRICT'IHAT IS·
SUBJECT TO THE-STANDARDS OF .TME
·CBD· ZONING DISTRICT
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Th~ City Commission of th~ City of Delroy Beach, Florida,' proposeS to
adOpt the followin$;J ordinance: ' '
~RDINANCE NO. 79-04
AN ORDINANCE OF THEctTY COMMISSION OF THE CITY OF DEtRAY
BEACH, flORIDA, AMENDINGTHÉ LAND DEVELOPMENT REGuLA-
nONS OF THE CODE OF ORDINANCES, BY AMENDING-5ECTJON
4.4.24, "OLD SCHOOL SQUARE 'HISTORIC ARTS DISTRICT ({)SSHAD)~; ó
SUBSECTION 4.4.24(B), "PRINCIPAL USES AND- STRUCTURES" JO -
INCLUDE AN ADDITIONAL PROPERTY THAT IS AlLOWED THE PERMIT-
'TED USES OF THE CBD ZONING DISTRICT; AMENDING SUBSECTION .
4.4.24(F), "DEVELOPMENT STANDARDS", TO INCLUDE AN ADDmON~
AL PROPERTY IN THE OSSHAD DISTRICT THAT IS SUBJECT TO THE STAN-
DARDS OF THE CBD ZONING DISTRICT; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. .
- The City C~mmission wiJI conduct two (2) Publi~ Hèai-Ings for the þ~~se
of ~~cepßn~'publi~ testimony regarding the proposed ordinance. The,First
pubrlc Heanng'wllI be held on TUE~AY. JANUARY 4. 2005.- AT
7:00 P.M. in the Commission Chambers at City Hall, 100' N.W. 1 st
Avenue, Delroy Beach, Florida. If the p'~sed ordinance is 1JOssed on
. First reading, a second Public Hearing will be held on TUESDAY. JANU-
ARY 18.200~. AT-7:oo P.M. (or at any continua~on of such meeting
which is set by' e Commission). -.
All interested citizens are invited to attend the public hearings and com- ~
~t upon the pl'9PO~ ordinance o~ submit their comm!,,"ts ,in writing.Of'
or before the date of these heanngs to.' the Planning, and Zoning>
Department. for ~rther informatiO!" or to obtain a còpy of the propoSed
ordinance, please conted the Planning and Zoning Department; City Hall, .
100 N.W. 1st Avenue, Dèlr<:JY Beach, . Ftorida 33444 (er'rlail at
pzmail@mydelraybeach.com) or DY calli~ 561/243-7040), between the
hours of 8:00 a.m. and 5:00 p.m., MondaY through Friday, éxcluding hol- >
idays.
PLEAS~ BE ADVISED THAT IF A PERSONDÉCIDES TO APPEAbÁNY .PECI- :
SION MADE BY THE CITY COMMISSION WITH RESPECT TÒ»f( MAT- :
TER CONSIDERED AT THESE HEARINGS, SUCH PERSON MÂY NEED TO '
ENSURE THAT A VERBATIM RECORD INCLUDES THE TESJlMONY AND ,
EVIDENéE UPON WHICH THE APPEAL IS TO BE BASED. THE CfJY DOES .
NOT PROVIDE NOR PREPARE· SUCH RECORD' PURSÚANT TO . F.S. .
286.0105.
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Boca Raton/DeI!'OY Beach News
PUBUSH: ~, December 27, 2004
Thursdãy, January 131 2005
. Ad#-:NS1204305 -
. CITY OF DElRAY BEACH:
Chevelle D. Nubin'
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CITY OF - DELIAY lEACH .
NOTICE OF PROPOSED -AMENDMENT
TO THE LAND DEVELOPMENT
REGULATIONS IY AMENDING
SECTION 4.4.24, IIOLD SCHOOL
SQUARE HISTORIC ARTS DIS-rRICT
(OSSHAD)", SUBSECTION 4.4.24(1),
IIPRINCIPAL USES AND STRUC-
TURES" TO INClUDE AN -'
ADDITIONAL PROPERTY THAT IS
- ALLOWED THE PERMITTED.- USES OF .
" THE . ~I~ ZO",ING DISTRICT;
AMENDING SUBSECTION 4.4.24(F),
IIDEVELOPMENT STANDARDS", TO-_
INCLU~E AN ADDITIONAL 'ROPE-RT'
IN THE OSSHAD DISTRICT THAT" IS
SUBJECT TO THE STANDARDS OF THE
CBD ZONING DISTRICT
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The City Commission of the City of Delray Beach, Florida, proposes to
adopt the. following ordinance: ' -
ORDINANCE NO. 79-G4
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
4.4.24, NOLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHADt,
SUBSECTION 4.4.24(B), NPRINClPAl USES AND STRUCTURESN TO
INCLUDE AN ADDITIONAL PROPERTY THAT IS AllOWED THE PERMIT-
TED USES OF THE CBD ZONING DISTRICT; AMENDING SUBSECTION
4.4.24(F}, NDEVElOPMENT STANDARDS", TO INCLUDE AN ADDITION-
Al PROPERTY IN THE OSSHAD DISTRICT THAT IS SUBJECT TO THE STAN-
DARDS OF THE CBD ZONING DISTRICT; p'ROVIDfNG, A SAVING
CLAUSE, A GENERAL REPEAlER CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will condud two (2) Public Hearings for the P!JfP5>se
-of accepting public testimony regarding the proposed ordinance. The first
Public Hearing will be held on TUESDAY. JANUARY 4. 2005. AT
7:00 P.M~ in the Commission Chambers at City Hall, 100 N.W. 1 st
Avenue, De ray Beach, Florida. If the p'ro~sed ordinance is passed on
first reading, a second Public Hearing will De held on TUESDAY. JANU-
ARY 18. 2~~. AT 7:00 P..M. (or at any continuation of such meeting
which is set y e Commission). -
Ail interested citizens are invited to attend the public hearings and com-
ment upon the prqx>sed ordinance o~ submit-their comm~ts in writing.on
or before the d~ of these heanngs to the Planning, and ,Zoning
Department. For further information or to obtain a copy of the proposed
ordinance, please contad 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 hol-
idays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECI-
SION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MAT-
TER CONSIDERED AT TÌ-lESE 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.
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Boca Raton/Delray Beach News
PUBUSH: Mond~, DecemQer 27,2004
Thursdãy, January 13, 2005
Ad# NS 120.4305 _
CITY OF DElRAY BEACH
Chevelle D. Nubfn
City-Clerk