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Ord 37-98
FAILED ON 2ND/FINAL READING - OCTOBER 6, 1998 ORDINANCE NO. 37-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS DISTRICT (CBD)", SUBSECTION 4.4.13(C), "ACCESSORY USES AND STRUCTURES PERMITTED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO ALLOW ASTROLOGISTS, CLAIRVOYANTS, FORTUNE TELLERS, PALMISTS, PHRENOLOGISTS, PSYCHIC READERS, SPIRITUALISTS, NUMEROLOGISTS AND MENTAL HEALERS AS AN ACCESSORY USE TO BOOK STORES, ANTIQUE SHOPS, GIFT SHOPS, MUSIC STORES, AND ARTS AND CRAFTS SHOPS WITHIN THE CBD ZONE DISTRICT, SUBJECT TO CERTAIN SPECIAL PROVISIONS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING 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 on August 17, 1998, and voted 4 to 2 to recommend that the change not be adopted, based upon a failure to make positive findings; and WHEREAS, the City Commission of the City of Delray Beach finds that the change is not inconsistent 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 Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(C), "Accessory Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when part of, or accessory to the principal use: (1) Parking Lots (2) Refuse and service areas (3) Provision of incidental to the principal use. services and repair of items FAILED ON 2ND/FINAL READING - OCTOBER 6, 1998 (4) Storage of inventory either within the same structure as where the sale of goods occur or in a separate structure on the same parcel provided that such storage facilities are not shared or leased independent of the primary commercial use of the site. (5) A single family residence, either separate or within a structure housing a nonresidential use, provided that the residence is occupied by the owner, proprietor, or employee of a business enterprise conducted on the property. (6) Recreational facilities attendant to a multi-family residential development, such as tennis courts, swimming pools, exercise areas, and meeting rooms. (7) Astroloqists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers as an accessory use to book stores, antique shops, gift shops, music.stores, and arts and crafts shops, subject to the following special provisions: (a) That there be one readinq room with one psychic reader/fortune teller, etc. at an appointment; (b.~. That the room be located in the rear of the store/bay, separated from customer/display/retail areas by a waiN, and limited to 50 sg.ft.; (c) That no signs be permitted advertisinq the secondary use; and (d) That each psychic reader/fortune teller, etc. obtain an occupational license from both the City and Palm Beach County. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 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. - 2 - Ord. No. 37-98 FAILED ON 2ND/FINAL READING - OCTOBER 6, 1998 Section 4. 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 , 1998. ATTEST: MAYOR City Clerk First Reading September 22, 1998 Second Reading - 3 - Ord. No. 37-98 FAILED ON 2ND/FINAL READING - OCTOBER 6, 1998 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~'/1 AGENDA ITEM/~,~,- REGULAR MEETING OF OCTOBER 6, 1998 ORDINANCE NO. 37-98 (PSYCHIC READERS AS ACCESSORY USE IN THE CENTRAL BUSINESS DISTRICT) SEPTEMBER 30, 1998 This is second reading and the second public hearing for Ordinance No. 37-98 which amends LDR Section 4.4.13, "Central Business District", to allow psychic readers and other similar uses as an accessory use to book stores, antique shops, gift shops, music stores, and arts and crafts shops, subject to special provisions. On July 20, 1998, the Planning and Zoning Board held a public hearing regarding a determination of similarity of use request to allow "psychic readings" in the CBD at Shining Through, a 'New Age' bookstore retail establishment located at 426 East Atlantic Avenue. There was public testimony in support of the similarity of use request. The applicant stated that the psychic readings have occurred since 1993 although an occupational license was not obtained to conduct the use. After discussion, the Board determined the similarity of use approach was not appropriate, but that the use request might be appropriate for inclusion in the code as an accessory use through a formal text amendment. Hence, staff prepared a text amendment to that effect. The Planning and Zoning Board considered the text amendment at a public hearing on August 17, 1998. There was extensive public testimony both in support of and in opposition to the amendment. After discussion, the Board voted 4 to 2 (Bird and Carbone dissenting, Schwartz absent) to recommend denial of the amendment based upon a failure to make positive findings with respect to the Purpose and Intent statement of the CBD regulations [Section 4.4.13(A)], Future Land Use Element Policy C-4.1 and LDR Section 2.4.5(M) (5), that the proposal is inconsistent with the Goals, Objectives and Policies of the Comprehensive Plan. On August 19th, the DDA recommended approval of the amendment subject to replacing the language referencing rear of the store with "out of view of front windows/customer display areas" and adding "lesser of 20% or 50 sq.ft." At first reading on September 22nd, the Commission passed the ordinance by unanimous vote for the purpose of moving the item to second reading and the second public hearing. Recommend denial of Ordinance No. 37-98 on second and final reading, based upon the findings and recommendat ion of the Planning and Zoning Board. TO: THRU: FROM: SUBJECT: DIANE DOMINGUEZ, DIRECTOR OF PLANNING A _ .,~ JEFFREY A. COSTELLO, PRINCIPAL PLANNER~- MEETING OF SEPTEMBER 22, 1998 CONSIDERATION OF AN AMENDMENT TO LDR SECTION 4.4.13(C) CENTRAL BUSINESS DISTRICT (CBD), TO ALLOW ASTROLOGISTS, CLAIRVOYANTS, FORTUNE TELLERS, PALMISTS, PHRENOLOGISTS, PSYCHIC READERS, SPIRITUALISTS, NUMEROLOGISTS AND MENTAL HEALERS AS AN ACCESSORY USE TO BOOK STORES, ANTIQUE SHOPS, GIFTS SHOPS, MUSIC STORES, ARTS AND CRAFTS SHOPS, SUBJECT TO SPECIAL PROVISIONS. At its meeting of July 20, 1998, the Planning and Zoning Board held a public hearing regarding a determination of similarity of use request to allow "psychic readings" in the CBD zone district at "Shining Through (426 E. Atlantic Avenue) a retail establishment (New Age bookstore) which sells items such as books, jewelry, and music. There was public testimony in support of the determination of similarity of use request. While the applicant stated that the psychic readings have occurred since 1993 in conjunction with a bookstore, an occupational license was not obtained to conduct the use. After further discussion, the Board determined that the similarity of use approach was not appropriate, but that the use request is recommended for inclusion to the code through a formal text amendment. The Board suggested that it may be appropriate to allow the use as an accessory use to shops, such as bookstores and gift shops and recommended that a text amendment be prepared to that effect. Additional background and an analysis of the text amendment are found in the attached Planning and Zoning Board Staff Report. The Planning and Zoning Board considered the request at a public hearing on August 17, 1998. There was extensive public testimony both in support of and in opposition to the text amendment. After discussing the amendment, the Board voted 4-2 (Bird and Carbone dissenting, Schwartz absent) to recommend to the City denial of the amendment, based upon a failure to make positive findings with respect to the Purpose and Intent statement of the CBD regulations [Section 4.4.13(A)], Future Land Use Element Policy C-4.1, and LDR Section 2.4.5(M)(5), that the proposal is inconsistent with the Goals, Objectives and Policies of the adopted Comprehensive Plan. At its meeting of August 19, 1998, the DDA (Downtown Development Authority) recommended approval of the text amendment subject to replacing the language referencing rear of the store with "out of view of front windows/customer display areas" and adding "lesser of 20% or 50 sq.ft.". Deny the amendment to LDR Section 4.4.13(C)Central Business District (CBD), Accessory Uses and Structures Permitted, to allow astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers as an accessory use to bookstores, antique shops, gift shops, music stores, arts and crafts shops, based upon the findings and recommendation of the Planning and Zoning Board. Attachments: P&Z Staff Report and Documentation of August July 20, 1998 -- '<~/~2-~-//~ Ordinance by Others ,//0 ~'~' MEETING DATE: AUGUST 17, 1998 AGENDA ITEM: II1.1. - AMENDMENT TO LDR SECTION 4.4.13(C) CENTRAL BUSINESS DISTRICT (CBD), TO ALLOW ASTROLOGISTS, CLAIRVOYANTS, FORTUNE TELLERS, PALMISTS, PHRENOLOGISTS, PSYCHIC READERS, SPIRITUALISTS, NUMEROLOGISTS AND MENTAL HEALERS AS AN ACCESSORY USE TO BOOK STORES, ANTIQUE SHOPS, GIFTS SHOPS, MUSIC STORES, ARTS AND CRAFTS SHOPS, SUBJECT TO SPECIAL PROVISIONS. The item before the Board is that of making a recommendation to the City Commission regarding an amendment to the Land Development Regulations Section 4.4.13(C) Central Business District (CBD), Ac(;essory Uses and Structures Permitted, to allow astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers as an accessory use to book stores, antique shops, gifts shops, music stores, and arts and crafts shops, subject to special provisions, pursuant to LDR Section 2.4.5(M). The amendment was initiated by the Planning and Zoning Board at its meeting of July 20, 1998. Pursuant to LDR 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. "Shining Through" is a business that has been licensed since 1993 as "Merchant - Retail" at 426 E. Atlantic Avenue, which is located within the CBD (Central Business District) zoning district. The business is a retail establishment (New Age bookstore) which sells items such as books, jewelry, and music. On June 5, 1998, the owner of Shining Through submitted a request for a determination of similarity of use to allow "psychic readings" in the CBD zone district at the current business location. At its meeting of July 20, 1998, the Planning and Zoning Board held a public hearing regarding the determination of similarity of use request. There was public testimony in support of the determination of similarity of use request. While the applicant stated that the use has been in operation since 1993 in conjunction with a book store, an occupational license was not obtained to conduct the use. After further discussion, the Board determined that the similarity of use approach was not appropriate, but that the use request is recommended for inclusion to the code through a formal text P & Z Board Memorandum Staff Report LDR Text Amendment - Psychic Readers, Fortune Tellers, etc. as an Accessory Use in the CBD Zoning District Page 2 amendment. The Board suggested that it may be appropriate to allow the use as an accessory use to shops, such as book stores and gift shops and recommended that a text amendment be prepared to that effect. The text amendment is now before the Board for action. At the same meeting the Board held a public hearing regarding an amendment to the Land Development Regulations"to allow psychic readers as a permitted use in the GC (General Commercial) zone district subject to certain Iocational restrictions. The text amendment was being processed due to the lack of clarity in the code regarding the appropriate locations for psychic readers and similar types of operations. Aisc, the City acknowledged that the use must be permitted within the City and therefore established guidelines and criteria to allow such uses. The Board recommended approval of the text amendment. On August 4, 1998, the City Commission approved the text amendment on second and final reading. LDR Section 2.4.5(M)(5) (Findings): In addition to provisions of 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 proposed LDR text amendment is to allow astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers as an accessory use to book stores, antique shops, gifts shops, music stores, and arts and crafts shops, subject to the following special provisions: that there be one reading room with only one psychic reader/fortune teller etc. at an appointment; that the room be located in the rear of the store/bay, separated from customer/display/retail areas by a wall, and limited to 50 sq.ft.; that no signs be permitted advertising the secondary use; and that each psychic reader/fortune teller etc. obtain an occupational license from both the City and Palm Beach County. The size and Iocational limitations on reading rooms and the restriction on signage are provided to insure that the use remains an accessory use. Consideration was given to determining the size of the reading room based upon a percentage to the total floor area of the store, however, this could result in large reading rooms which could act as a primary use. The requirement regarding occupational licensing is to insure that each psychic reader/fortune teller, etc. is appropriately licensed. CBD (CENTRAL BUSINESS DISTRICT- PURPOSE AND INTENT): With regard to the appropriateness of the use within the CBD, LDR Section 4.4.13(A) (CBD Zone District - Purpose and Intent), states that "the Central Business District zone district is established to preserve and protect the cultural and historic aspects of downtown Delray Beach and simultaneously provide for the P & Z Board Memorandum Staff Report LDR Text Amendment - Psychic Readers, Fortune Tellers, etc. as an Accessory Use in the CBD Zoning District Page 3 stimulation and enhancement of the vitality and economic growth of this special area. Establishment of the CBD district is consistent with and implements, in part, Objective C-4 of the Future Land Use Element of the Comprehensive Plan." The CBD is clearly a very special place within the City. It has been at the core of the City's redevelopment efforts, from which the Citywide renaissance has spread. Through careful regulation of u§es and development standards, and the expenditure of millions of public dollars in beautification and traffic circulation improvements, the City has recovered from the blight and economic stagnation of a decade ago. The mix and character of uses permitted within the district must be carefully considered in order to be consistent with the on going revitalization efforts in the downtown. COMPREHENSIVE PLAN POLICIES: A review of the goals, objectives and policies of the Comprehensive Plan was conducted and the following applicable objective and policy are noted. Future Land Use Element Ob.iective C-4 - The Central Business District (CBD) represents the essence of Delray Beach i.e. a "village like, community by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan of "A City Set Apart in South Florida". The following policies and activities shall be pursued in the achievement of this objective. Future Land Use Element Policy C-4.1 - The Central Business District (CBD) Zoning District regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: · deletion of inappropriate uses incentives for locating retail on the ground floor with office and residential use on the upper floors · accommodating parking needs through innovative actions · incentives for dinner theaters, playhouses, and other family oriented activities · allowing and facilitating outdoor cafes · incentives for mixed use development and rehabilitations · elimination of side yard setback requirements · allow structural overhang encroachments into required yard areas. As stated above, the CBD regulations shall facilitate and encourage rehabilitation and revitalization through the "deletion of inappropriate uses" within the District. Also, the City has invested in the downtown through streetscape and parking improvements, to' encourage quality developments, uses and private investment in the downtown. The uses allowed in the CBD are more specialized than those permitted in other commercial zoning districts in the City. The intent is to provide a cultural and business environment which also offers services for residents of the district and tourists. P & Z Board Memorandum Staff Report LDR Text Amendment - Psychic Readers, Fortune Tellers, etc. as an Accessory Use in the CBD Zoning District Page 4 While the text amendment is to be applied only to the CBD, it would open the door to similarity of use determinations and future amendment requests to broaden the scope to other zoning districts. There is no reason why the proposed accessory use would not then be allowed in the other general commercial and mixed use zoning districts [GC (General Commercial), PC (Planned Commercial), and OSSHAD (Old School Square Historic Arts District)]. The intent of the text amendment adopted on August 4th , which permits the use in certain geo[jraphical areas of the GC, was to direct these types of uses to areas which are considered to be the most appropriate. The use was specifically excluded from redevelopment areas as the City is encouraging economic stimulation and revitalization of these areas. Also, the use was excluded from the CBD as a permitted use as Comprehensive Plan policies regarding the City's Central Business District (CBD) refer to the need to have an appropriate mix of uses as part of an economic development strategy. The types of businesses desired for these areas are those which will generate significant job growth and pedestrian traffic, and which will complement other uses within the area (i.e. restaurants, retail, office). It was identified that the mix and character of uses permitted within the district must be carefully considered in order to be consistent with the on going revitalization efforts in the downtown. Other commercial districts were considered by staff during the preparation of the amendment but were subsequently rejected. The PC (Planned Commercial) zone allows many of the same uses as the GC district, however, it is intended to be applied to large sites which are to be developed in a coordinated, well-planned fashion, and which generally involve much larger tenants than the typical psychic reading business. If the Board determines that the use is appropriate as an accessory use in the CBD, there is no reason why the use should not be allowed within the PC zone district. For that matter it may be difficult to argue why it could not be allowed as an accessory use in the redevelopment areas zoned GC district. If the Board determines that the Citywide implications may be too great, the Board should recommend denial of the text amendment. By denying the request, the action would not be unconstitutional, as it is permitted in the GC zone district in certain geographical areas and will have been handled in a manner similar to other first amendment uses such as churches and adult entertainment establishments. Churches are only allowed as a conditional use in residential and community facilities zoning districts, and pursuant to a proposed text amendment adult entertainment establishments will be allowed as a Conditional Use in the Mixed Industrial and Commercial zoning district. P & Z Board Memorandum Staff Report LDR Text Amendment - Psychic Readers, Fortune Tellers, etc. as an Accessory Use in the CBD Zoning District Page 5 Community Redevelopment Agency: At its meeting of August 13, 1998, the CRA Board reviewed and recommended denial of the determination of similarity, of use. The consensus of the Board was that the use is inappropriate for the Central Business District. Downtown Development Authority: This item has been scheduled for the August 19th DDA meeting. Their recommendation will be forwarded to the City Commission. Courtesy Notices: A special courtesy notice was provided to the following civic and homeowner's associations: · Beach Properties Association · Chamber of Commerce · Delray Merchants Association · Progressive Residents of Delray (PROD) · President's Council Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. A. Continue with Direction. Recommend to the City Commission approval of the amendment to LDR Section 4.4.13(C) Central Business District (CBD). Accessory Uses and Structures Permitted, to allow astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers as an accessory use to book stores, antique shops, gifts shops, music stores, and arts and crafts shops, and the associated special provisions, based upon positive findings with LDR Section 2.4.5(M). Recommend to the City Commission denial of the amendment to LDR Section 4.4.13(C) Central Business District (.CBD). Accessory. Uses and Structures Permitted, to allow astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers as an accessory use to bookstores, antique shops, gift shops, music stores, and arts and crafts P & Z Board Memorandum Staff Report LDR Text Amendment - Psychic Readers, Fortune Tellers, etc. as an Accessory Use in the CBD Zoning District Page 6 shops, and the associated special provisions, based upon a failure to make positive findings with respect to the Purpose and Intent statement of the CBD regulations [(Section 4.4.13)(A)], Future Land Use Element Policy C-4.1, and LDR Section 2.4.5(M)(5), that the proposal is inconsistent with the Goals, Objectives and Policies of the adopted Comprehensive Plan. Recommend to the City Commission denial of the amendment to LDR Section 4.4.13(C) Central Business District (CBD), Accessory. Uses and Structures Permitted, to allow astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers as an accessory use to bookstores, antique shops, gift shops, music stores, arts and crafts shops, based upon a failure to make positive findings with respect to the Purpose and Intent statement of the CBD regulations [(Section 4.4.13)(A)], Future Land Use Element Policy C-4.1, and LDR Section 2.4.5(M)(5), that the proposal is inconsistent with the Goals, Objectives and Policies of the adopted Comprehensive Plan. Attachment: · Proposed Ordinance Section 4.4.13 Central Business District (CBD): (c) Accessory Uses and Structures Permitted: The following uses are allowed when part of, or accessory to the principal use: (1) Parking Lots (2) Refuse and service areas (3) Provision of services and repair of items incidental to the principal use. (4) Storage of inventory either within the same structure as where the sale of goods occur or in a separate structure on the same parcel provided that such storage facilities are not shared or leased independent of the primary commercial use of the site. (5) a single family residence, either separate or within a structure housing a nonresidential use, provided that the residence is occupied by the owner, proprietor, or employee of a business enterprise conducted on the property. (6) Recreational facilities attendant to a multi-family residential development, such as tennis courts, swimming pools, exercise areas, and meeting rooms. (Add the following) (7) Astrologists, clairvoyants, fortune tellers, palmists. phrenologists, psychic readers, spiritualists, numerologists and mental healers as an accessory use to book stores, antique shops, gifts shops, music stores, and arts and crafts, shops, subject to the following special provisions: a) That there be one reading room with one psychic readedfortune teller etc. at an appointment; b) That the room be located in the rear of the store/bay, separated from customer/display/retail areas by a wall. and limited to 50 sq.ft.: c_)_ That no signs be permitted advertising the secondary_ use: and, d) That each psychic reader/fortune teller etc. obtain an occupational license from both the City and Palm Beach County. August 13, 1998 TO: City Commissioners The City of Delray Beach Planning and Zoning RE: Proposed Text Amendment to allow Psychic Readings on East Atlantic Avenue We are business owners on East Atlantic Avenue concerned with maintaining the upscale image and progress the city has made and preserving our investment in East Atlantic Avenue. Association is often made between psychic shops, flea markets, tattoo parlors, prostitution houses, etc. While we realize this may, today, be an extreme association, we would not want East Atlantic Avenue to have the stigma of such businesses in the future, as would be allowed by the proposed text amendment. The undersigned businesses are OPPOSED to the text amendment considered by the City at this time and is opposed to psychics whether they be touted as reputable or not. The City cannot control the reputation of psychics each business would be entitled to hire and bring into their store. Is this entertainment business a can of worms the City wants to open? Shining Through came to many of our businesses to solicit signet,res on their petition for support and we wo.ld not sign. We VOTE NO to the proposed text amendment allowing PSYCHICS on East Atlantic Avenue. 'ENLIGHTEN YOUR MIND · ENRICH YOUR WORLD Book & Gift Shoppe ,.glZlvI'F_3~ER /OCTOBER 1998 (:ROWINC PAINS AND (:RATITL/DE There have been times in my life when I've felt disap- proposed text amendment. Over 50 merchants on Atlantic pointment and disillusionment, fear and frustration, inad- Avenue signed a ringing endorsement of our store. And in equacy and even alienation. Certainly the last few months - just a short time, we gathered over 1200 petition signatures caught in the midst of a highly publicized battle with the from our customers. City of Delray over "psychic readings" - I have experienced And I am so proud of all of us! How magnificent to all of these feelings and more. watch as we've all come together and spoken out for a ' I have found myself and my store the subject of numer- common cause. How important it is that we have stepped ous news stories in the Palm Beach Post, Sun-Sentinel, New up to take our pDce at the table,~t9 stake our claim in this Times and City Link. as well as television channels 5, 12 & . commur,.'t7 and to honor our~elves bY moving be?od Fear 25. And many, if .:¢;: most of these stories have been less - -And covap,acency, ii'i).:!/?'!,,, : t.han fair and accurate in their Portrayals. . : We have lost a couple of battles, but we have won a ,: :. . . . -I have felt betrayed by the Dglray Beach Chamber o~' ~. few also. And the fight is far from over. I stress to all of you 'i,!'; "...,~;~ ?Commerce - of which SHINING THROUGH is a member a~ ' how vital it is that SHINING THROUGH make a strong show- ~5:4'!7 '~7 in their oppositi°n to our proposed amendment to the Zon'-'. i j hag at the October 6th City Council meeting. WE NEED '. '' '~'7{~"' ; ' ' ' " '~ ' - ' ' "': '< ..... '~t.-.'mg ordinance regulation .. psychic readings. Th~s bus,ness.,. YOUR HELP AND SUPPORTH Please try to be at the Delray .. , ,', ' . group did not ask to hear our side of said controversy and City Hall - 100 NW Firit Avenue - at 6pm on Tuesday, Octo- \'-,;' failed to even notify me that' they were officially speaking bet 6. Remember that this is about so much more than '- ' out'against the amehdment. "psychic readings." This is about freedom, respect, and the 'i E.J And, ! have also felt attacked by a small but vocal mi- character of our store.. nority of merchants on Atlantic Avenue who seem to feel : My heroes have ~lways been individuals who spoke · that our store doesn't represent the kind of "family values" their truth loudly and clearly, without hesitation or reluc- ... ' '-. which they hold so dear. Indeed, this particular group has tance. As I thought of how these people always stood strong 5 likened our store to a strip club or a "house of prostitution." and firm in the face of controversy and criticism, I was truly I have witnessed SHINING THROUGH misrepresented inspired. · as a small, insignificant fringe store which has been know- I would like to share with you a writing that Carol re- ingly violating the law for the last six years. Finally, we cently introduced to me. I think you'll find it as inspiring have been characterized as some "airy fairy new agers" bent and hopeful as I did. on opening up an undesirable can of worms. BORN TO MANIlq~STTHE GLORY In the midst of my anger and hurt, my shock and my Our deepest fear is not that we ate inadequate. outrage, I found myself far from center, troubled and out of Our deepest fear is that we are powerful beyond measure. sorts. Needless to say, it has been a difficult time for me. It is our light, not our darkness, that most frightens us. Yet, Out of such personal difficulty arose one of those We ask ourselves... great "moments of clarity" for me, a profound revelation Who am I to be brilliant, gorgeous, talented, and fabulous? which brought forth a new and fresh perspective on SHIN- Actually, who are you not to be? lNG THROUGH and its current legal battles. You are a child of God. Your playing small doesn't serve the world. Of course, that which is most profound is often very There is noihing enlightened about shrinking so that simple. I quickly realized that it was only important for 11~ Other people won't feel insecure around you. to stand in m y truth, for me to maintain a space of integrity, We are born to make manifest the glory of God that is within us. honesty and character for myself and my store. And as we let our own light shine, we unconsciously give other I began to focus on the many gifts in mv professional ~ people permission to do the same. life - a beautiful and highly successful business, a loyal and thoroughly dedicated staff, an equally faithful customer base, and a group of friends and loved ones - all of which make up the wonderful, close-knit SHINING THROUGH family. I am so thoroughly grateful for the large outpouring of support for SHINING THROUGH in this matter. The Down- town Development Authority recommended approval of our As we are liberated from our own fear, our presence automatically liberates others. Nelson Mandela In Peace, ~r~/~/f3994 Inaugural Speech Michael C. Stevenson This weekly course is a meditation based group which incorporates a. wide variety of spiritual methods for encouraging growth and healing. Facilitator Stevie Kusper has been working in the personal development field for over 14 years, teaching anything from Medi- tation to Language Mastery. Share with Stevie the spiritual food of love, empowerment, and inspiration. Every Sunday at 7:30pm. $5 love offering. A (OURSE IN /V~IRACLES "I would see you as my friend that I remember you as part of me ~ and come to know myself." Participate in studying the spiritual principles of love and forgiveness in this weekly ongoing course which continues to grow in popularity and outreach. Facilitated by Joe Sartorio. Every Tuesday at 7:30pm. $10 donation. REIKi (IRCLE WITH RINAVIN(I (re BARBARA/~60SES Well known Reiki Masters Rina Vinci and Barbara "Mriduia" Moses hold this healing circle every other Wednesday at 7:30pm. These healers share their gifts through this ancient modality of spiritual growth and personal healing in a loving, supportive environment. Wednesdays - September 2, 16 and 30. October 14 and 28. $10 donation. " PRAISE (~OD! - SUNDAY SERVI(E Come celebrate life, love, and tile sacred beauty of our existence at this non-denominational service, Reverends Lein Doucet and Rina Vinci alternate Sundays, sharing joy and wisdom, love and laughter at this fellowship of the heart. Service resumes in October - every Sunday at 10am. Love offering suggested, : FEN(: SHUI WORKSHOPS WITH t~ARSHA FRANTZ Feng Shui is the ancient Chinese art of placement, used for creating · balance, harmony, peace, and prosperity in the home or work- place. Join instructor Marsha Frantz as she assists you in creating a sanctuary that'enhances your well-being and thus your destiny. FE2VG $/-/U/AND T/-/~/-/OM~- Learn how to use the Bogus to help diagnose your home environment. Many considerations will be addressed, including the importance of bed, stove, and desk placement. Monday, September 14 at 7:30pm. $18 investment. F~,a~G$Iq'UI~ R~I'A2'ION$I. tla~- Ms. Frantz will lecture on how the feng shui of the home affects the relationships of those who inhabit it. Indeed, feng shui principles can neutralize negative influences using simple adjustments that enhance happiness and good fortune. Thursday, October 1 at 7:30pm. $18 investment. Please join us for these two enlightened evenings, and in keeping with Chinese custom, please bring 3 red envelopes with a small amount of money in each to be donated to charity. The envelopes will be available for purchase the evening of class for your convenience. DRU/V~/V~INC; (IRCLE WITH SUE BEE Bring your drums, shaker, rattles, and flutes for this evening of Native American celebration in song and dance. The fellowship and rhythms help connect us to Father Sky and Mother Earth with the sacred pulse of nature. Monday, September 2l at 7:30pm. $5 love donation. STORE AUTO(;RAP H I Noted local author Keitan Windsor will be at the store signing cop- ies of his book Moonphase: The Spirit of Change on Saturday, Sep- tember 19 from 12 noon to 4pm. Keitan will also be available for commentary and discussion during this time. WO/V~EN'S E36POWERA6ENT (~ROUP Suzannc Shapiro is a gifted spiritual healer, teacher and psychic who holds a master's degree in counseling. Join her in this group which focuses on women supporting one another in their indi- vidual quest to become whole and integrated - free, enlightened and empowered. Ongoing course beginning in October on7 and 21 atT:30pm. $12 investment. Please call (561) 276-8559 for reser- vations as space is limited. TH E ARTIsT's WAY Caeativity is the ability to express our t~ue nature fully and freely, leading us to live healthier, happier, more balanced and harmoni- ous lives. Susan Schanerman - with over 20 years of experience in psychology, personal growth, teaching, and the creative arts - of- fers a simple step-by-step course that will help you reclaim your creative nature. This introductory seminar is truly a iourney of discovery and recovery of our creative selves. Wednesday, Sep- tember 23 and Monday, October 19 at 7:30pm. $7 investment. (HANNELIN(; (IR(LE WITH DOUGLAS G- THEA (RE'ED This evening is dedicated to finding that place within you that is love and to expressing that love throughout every aspect of your life. Welcome back Douglas and Then Creed for this unique and wondrous evening of healing, as they channel for us the energy and wisdom of Abraham and the Masters. Wednesday, September 9 at 7:30pm. $20 investment. "TVRTLE RAq-FLE WO/~AN" A resident of Naples, Florida, Turtle Rattle Woman is a respected Cherokee (Tsalagi) Elder, as well as a Medicine Person and a Rain- bow Warrior. We are so pleased that she will be in Delray Beach on a regular monthly basis to offer events at SHINING THROUGH. $~IC WAlOS- Neither a class nor a workshop, the evening experiences in this ongoing event will be of a participatory nature that utilize sacred drumming, meditation, and other activities geared to an understanding of Native Ways and ceremonies. The first sion will be on Thursday, October 8 at 7:30pm. $15 investment DRUMMING CIR~L~OIV ~BF_dlCI't- Rhythm is the heart of and mystery and drum constitutes its beat. Drumming in sacred play forges a connection to that which is larger than self. Attune your rhythms to that of the Universe by using the power of the native drums, chants, and dance. If you have a drum or rattle, bring it. It not, they will be available for play and\or purchase. We will. meet at the store at 7:30pm on Monday, October 12. Turtle Rattle Woman will be available for private, individual ses- sions on Friday, October 9 and Saturday, October 10. She offers individual Shamanic Voyage and House and Apartment Blessings. Far reservations and more information call (561) 276-8559. SIN(:IN(; BOW~. WORKSHOP Facilitator Robert Stein demonstrates and lectures on the use of Himalayan Singing Bowls in meditation and other Eastern spiritual practices and ceremonies. Mg Stein will bring a variety of different bowls so that you may experience the sound, tone, and vibrational level of each. Thursday, October 29 at 7:30pm. $24 investment. JULIA ALLISON WORKSHOPS Julia Allison is a well known and gifted healer specializing in hyp- notherapy, past life regression, and rebirthing. She is also a long time, local favorite here at SHINING THROUGH. Ms. Allison will be offering the following workshops. PA,qTLZFE~G~E$$ION- This regression in a group setting fo- ruses on experiencing past lives in a therapeutic and growth-ori- ented manner. Monday, October 5 at 7:30pm. $15 investment. REBIRTt'tI2VGSE_.~$ION- Join Ms. Allison for this evening of heal- ing using breathwork in a safe, supportive and nurturing environ- ment. Please bring pillow and blanket. Monday, October 26 at 7:30pm. $15 investment. FAITH PHOBIA- FREE! Cynthia Blum has a masters in counseling and has worked for over a decade with a wide variety of people on a wide variety of issues. Join Ms. Blum in this lecture which deals with the fears and skepti- cism some may have towards faith and spirituality. Monday, Sep- tember 28 at 7:30pm. $8 investment. HOW TO (HAN(:E JL/ST ABOUTANYTHINC In this workshop, Cynthia Blum discusses how to use change and transformation in the achievement of our goals and dreams. Ms. Blum's goal is to unlock people's own inner resources so that self healing, direction, and growth can take place. Thursday, October 15 at 7:30pm. $8 investment. 1 A COURSE ~ REIKI CIRCLE IN MIRACLES w/Rina Vinci & STORE OPEN STORE OPEN w/Joe Sa~orio aar~ra Moses UNTIL UNTIL 7:30pm, Ongoing 7:30pm $10 Donation $10 Do,ation 11:00 PM 11:00 PM 6 7 8 9 10 11 12 MIRACLES, A COURSE CHANN~ING MAGIC ~ MORE IN MIRACLES CIRCLE ~TORE OPEN BTORE OPEN ~/$lmvi~ Ku~r, w/Joe ~a~orio ~1 D~ & Ongoing, 1:30pm 1:30pm, Ongoing ~ C~ UNTIL UNTIL $5 Donali~o $10 Donation 7:~0~,~ D~ti~n 11:00 15 UmACCES, 1~ FEU~ S~U~ I 5A COURSE 16 ~E~Z~ CmCCE 17 18 19 MAGIC ~ MORE FOR YOUR HO~E IN MIRACLES ~/Ri~ Vinci ~ STORE OPEN AUTOGRAPHING w/$tmvim Ku~r, w/M~ha F~n~ wi. Join San~rio Bar~ara Mo~e~ UNTIL w/KeiIan Windsor Ongoing, 7:aOpm T:30~m 7:aOpm, Ongoing 7:aO~ 11:00 PM 12 noon - 4pm ~ Don~ti~ $1 ~ Inves~ent $10 Donation $10 20 21 22 23 2~ 25 26 A COURSE MIRA~E~, DRUMMING ~E AR~ WAY MAGIC ~ ~ORE CIRCLE IH MIRACLES STORE OPEN STORE OPEN ~1 St~vi* Ku~r, w/~ ~ wi J~ Sa~mri~ ~0. LE~RE UNTIL UNTIL O~gming, ~:3~m ~:~ 7:~opm, Ongoing wi S~n ~n ~ D~n~tio~ ~ L~ D~ ~10 Don~tbn 1:~' ~ ~ 11:00 PM 11 :~ PM FA~ PHO8~?.. A COURSE i ~ CIRCLE STORE OPEN STORE OPEN ~GIC & MORE FREE; IN MIRACLES w/R~ Vinci & wi S~e Kus~r, wi ~b Blum wi Joe Sa,orio Ba~ Mos~ UNTIL UNTIL O~oing, 7:~m 7:~ 7:30pm, Ongoiag 7:~ 11:00 PM 11:00 PM ~ Donation ~ b~ $10 Donation ~10 Oonation FENG 5MUI IN RE~TIONSHIPS STORE OPEN STORE OPEN wi Mamha Fmn~ UNTIL UNTIL 7:30pm 11:00 PM 11:~ PM $18 Inv~nt SUNDAY SERVICE 5 6 7 WOMEN'S 8 9 10 PRAISE GODI PAST LIFE A COURSE EMPOWERMENT. SHAMANIC WAYS lo~ REGRESSION IN MIRACLES GROUP w/~u~le R~le STORE OPEN STORE OPEN BIRAC~, w/Jul~ Allison w/J~ ~io w/S~n~ Shapiro Worn' UNTIL UNTIL MAGIC & MORE w/Sm~e Ku=~r, 7:30pm 7:30pm, Ongoing 7:30pm 7:30pm 11:00 PM 11:00 PM 7:~pm,$SD~aaon $15 Inve~ent $10 Oo~tion $12 O~atlon $15 Inv~ent 11suN=AYs~"~cE 12 DRUMMING 1~ 1'~ 1~ 16 17 PRAISE ~Ol CIRCLE A COURSE REIKI CIRCLE HOW ~ CHANGE 10~ wi 'Tulle Ramie IN MIRACLES wi Rina Vinci & JU~ ABO~ STORE OPEN STORE OPEN BRACLES, UNTIL UNTIL MAGIC & MORE Woman" w/J~ ~fl~io Bar~;a MM~ AN~ING wlS~. Ku~, 7:30pm 7:30pm, Ongoing 7:30~ w/~b BI~ 11:00 PM 11:00 PM 7:~,$5 ~0on $15 Investment $10 Don~ion $10 Donation 7:3~, ~ ~m RSU'O*~SEaWCE 19 ZO 21 WOMEN'S :22 ,2~ 2& ~ PRNSE GODI A COURSE EMPOWERMENT ~ ~ ]~ STORE OPEN STORE OPEN lOam ~E A~S~S WAY IN MIRACLES GROUP MIRACLe, I~O. LE~RE w/J~ Sa~orio w/S~n~ Shapiro ~B I~ ~ UNTIL UNTIL MAGIC & ~RE ~n ~a~n 11:~ PM 11:~ PM w/Stev~ Kus~r, 7:~, ~ ~o~ 7:30pm, Ongoing 7:30pm STORE OPEN 7:~pm,$5 Donjon $10 Donation $12 Donation U~IL MIDNIGHT ~ SU.~A~ s;.v,c. 2 6 2 7 2 8 2 ~ ~ O I ~ ~ PRAISE GOO; A COURSE REIKI CIRCLE HIMALAYAN 10~ REBIRTHING IN MIRACLES wi Rina Vinci & SINGING BOWL ~RACLES, w/Julia Allison w/Joe ~io BaSra Mos~ WORKSHOP MAGIC & MORE 7:30pm w/S~vle Ku~r, $15 Donation 7:30pm, Ongoing 7:30pm 7:30pm 7:~pm; $5 Donation $10 Donation $10 Donation $24 Donation ;PECIAL NOTICE: PLEASE CALL TO MAKE RESERVATIONS. It is important to phone the store ahead of time to make reservations for the class you wish to attend. Often classes or groups become full, and we need to know how many people to expect for a given event. REMEMBER: Please call ahead for reservations and infor- mation regarding classes, workshops, and groups: (561} 276-8559. THROUGH 426 East Atlantic Avenue ° Delray Beach, FL 33483 TORE HOVR MONDAY- THURSDAY ......... 10am to 7pm FRIDAY & SATURDAY .......... 10am to t 1 pm SUNDAY.,...; ...... i;!il..' ........ ': ....... 1 lam to 5pm WHAT'S; NEW IN At,k/il( Douglas Spotted Eagle - PtL4Y- World renowned as a Native American flautist and composer, Douglas Spotted ~agle offers a beautiful musical style that has been termed "modern ethnic." This album is both a musical and spiritual journey which com- bines ancient and progressive sensibilities in a dazzling multi- cultural context. Gary Stadler - FAiRYNIGHTSONG.;- In this follow-up to the best-selling FA1RY OF THE W/OODS, Gary Stadler is joined by famous female vocalist Singh Kaur. Gary's magical style and Singh Kaur's sweet voice take you deep into the mysticalWorld of the Fairy night with songs of Celtic Fairy traditions. Various Artists - GYPST'XOUL- Superlative artists in vibrant, dynamic, and unique performances - the masters of new fla- menco. Contributing artists include Ottmar Liebert, Jesse Cook, A1 DiMeola, and many others. Unique artistry and compelling rhythm make this a magical collection! Alex De Grassi - THE 1~',4/ERCMRDEN- One of the world's top acoustic guitarists, Alex De Grassi revisits his roots with this lat- est release. This lush collection of solo acoustic guitar pieces is linked~by a water theme both beautiful and haunting in its melo- dies. Don't miss this one! James Asher - TIGIdtLS'OFTHIz'R/~J- After his phenomenal suc- cess with Fb~TINTIffE3'OU[., James Asher returns with this next' drum album. A wonderful, ecstatic blend of sultry Indian rhythms and breathtaking vocals inspired by the color, splendor and epic sense of adventure of the palaces of Raiasthan. NOTES FROA4 THE ;TAFF Best wishes and a fond farewell to Bradley Gillman, who left us back in July. Bradley has moved on to full time work and will be finishing school this next year. We miss you "Bubba" and think of you often. A big, warm mushy welcome to Joe Sartorio, who is now facili- tating the Course in Miracles on Tuesday evenings. Joe is a recently arrived resident of the South Florida area 'and we are so grateful to have him at ouk store. Join Joe on Tuesday evenings at 7:30pm for lessons in love and compassion. We will resume offering our Sunday Service beginning in' Oc- tober. Rev. Lien Doucet and Rev. Rina Vinci will be alternating Sundays throughout the season Join us Sunday mornings at 10am for this wonderful way to worship together. For the first time ever, we are pleased to be Offering a Women's Empowerment Group, facilitated by Suzanne Shapiro. Suzanne is a gifted spiritual counselor and healer with a master's degree in psy- chology. She has worked extensively with well-known psychiatrist and author Brian Weiss, and has been studying metaphysics most of her life. This group will begin meeting In October, every other Wednesday at 7:30pm. Please call ahead for reservations as space is limited. Woe are we[[ Julie, Carol and I didn't make it to California last month, but will be going next year. However, we do have lots and lots of great new "stuff" coming in. Gifts galore - and additional "spiritual" card line, new aromatherapy candle lines, and more than one new line of body care products. Don't worry, we've also found quite a few surprises for those looking for the rare and unusual!!!!! Julie Feldman is a massage therapist extraordinaire and she has recently incorporated a new healing modality into her massage work - "Raindrop Therapy." Raindrop Therapy combines aromatherapy with the techmques of Vita Flex, reflexology, and massage in the application of essen- tial oils to various areas ot' the body, bringing about structural and electrical alignment. This therapy als() helps align and clear the Chakras without using £orce or excessive pressure. Ask Julic about this new and unique process. Personal/y, [ experienced truly wonderful results! N~I OR[NNN~ICE OF 1HE CffY COM** MISSION OF'[HE cr[Y OF DELRAY BEACH, FLORIt~ AMENOING TIE CODE OF ORDINANCES OF THE CiTY OF DELRAY BEACH BY AMENDING CtU~PTER 113, '/~HO~.IC BEVeR- AGES', SECTION 11320 "PROHIBI- 11ON OF NUDIIY, PARTIAL NUDITY, SE)O..LN. CONDUCT AT ALCOH(OC BE'V~RAGE ESTN~I. ISHIdEN~', SUBSECTION 113.20(A), 't)E]:INI- TIONS", BY AMENDING StJSEC- 'nON 113.20(A)(1), "~ BEVERAGE ESTABUSHMEN~, TO PROVIDE AN ~ DEflMTION ESTABLISHMENTS WHERE NCO** HOUC BEVERAGES, BEER OR WINE IS AVNLABI.E TO BE, OR IS ACTUAL. LY SOLD, DISPENSED, SERVED, ~ESSED OR 0FfERED FOR SALE OR . Im'Y OF DELRAY BEACH NOTICE OF ACCESSORY USE CHANGE W11111N : THE BUSINESS DISTRICT (CBD) '.The City Commission Of the City of Delray Beach, Florida, proposes . to adopt the following ordinance: ; '- ORDINANCE NO. 37-98 AN OR~)INANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS DISTRICT (CBD)", SUBSECTION 4.4.13 (C), 'ACCESSORY USES AND STRUCTURES PERMITTED', OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO ALLOW ASTROLOGISTS, CLAIRVOYANTS, FORTUNE TELLERS, PALMISTS, PHRENOLOGISTS, PSYCHIC READERS, SPIRITUALISTS, NUMEROLOGISTS AND MENTAL HEALERS AS AN ACCESSORY USE TO BOOK STORES, ANTIQUE SHOPS, GIFT SHOPS, MUSIC STORES, AND ARTS AND CRAFTS SHOPS WITHIN THE CBD ZONE DISTRICT, SUBJECT TO CERTAIN SPECIAL PROVISIONS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING 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, :SEPTEMBER 22, 1998, AT 7:00 PM (or at any continuation of such meeting which is set by the Commission), in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If the ordinance is passed on first reading, a second Public Hearing will be held on TUESDAY, OCTOBER 6, 1998, 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 hearin{Is 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 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 33~.~.~, (Phone 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, 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 Alison MacGregor Harry ~ .... City Clerk PUBLISH: Boca Raton News September 14, 1998 September 30, 1998 Ad//780723 · Boca Raton News, Monday, September 14, 1998 OF. DGllAY BEACH ff A ESSOIIY USE aiANGE WTlllIN 111E CEHTllAL mlSllESS ( IID) The City Commission of the City of Delray Beach, Florida, Proposes to adopt the following ordinance: , ORDINANCE NO. 37-98 AN ORDINANCE'OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, ~CENTRAL BUSINESS DISTRICT (CBD)", SUBSECTION 4.4.13 (C), 'ACCESSORY USES AND STRUCTURES PERMITTED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO ALLOW ASTROLOGISTS, CLAIRVOYANTS, FORTUNE TELLERS, PALMISTS, PHRENOLOGISTS, ,PSYCHIC READERS, SPIRITUALISTS, NUMEROLOGISTS AND MENTAL HEALERS AS AN ACCESSORY USE 1'O BOOK STORES, ANTIQUE SHOPS, GIFT SHOPS, MUSIC STORES, AND ARTS AND CRAFTS SHOPS WITHIN THE CBD ZONE DISTRICT, SUBJECT TO CERTAIN SPECIAL PROVISIONS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING 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, SEPTEMBER 22, 1998, AT 7:t~ PM (or at any continuation of such meeting which is set by the Commission), 'in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If the ordinance is passed on first reading, a second Public Hearing will be held on TUESDAY, OCTOBER 6, 1998, AT 7:1)0 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 further information or to obtain a copy of the proposed ordinance, please contact the Planning and Zoning Department, City Hall, 100 N.W. 1st ~venue, Delray Beach, Florida 33~.~.~, (Plxjne 561/243-7040), J3etween ate hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidaYs. -~LEASE BE ~ADVlSED THAT IF A PERS~ DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATI'ER 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 ...... PUBLISH: Boca Raton News September 14, 1998 September 30, 1998 ' · CITY OF DELRAY BEACH '. ............ '-~,~,l~n MacGregor Harry City Clerk Ad ,f'780723 CITY OF DELRAY BEACH NOTICE OF ACCESSORY USE CHANGE WITHIN THE CENTRAL BUSINESS DISTRICT (CBD) The City Commission of the City of Delray Beach, proposes to adopt the following ordinance: Florida, ORDINANCE NO. 37-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS DISTRICT (CBD)". SUBSECTION 4.4.13(C), "ACCESSORY USES AND STRUCTURES PERMITTED'' OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO ALLOW ASTROLOGISTS, CLAIRVOYANTS, FORTUNE TELLERS, PALMISTS, PHRENOLOGISTS, PSYCHIC READERS, SPIRITUALISTS, NUMEROLOGISTS AND MENTAL HEALERS AS AN ACCESSORY USE TO BOOK STORES, ANTIQUE SHOPS, GIFT SHOPS, MUSIC STORES, AND ARTS AND CRAFTS SHOPS WITHIN THE CBD ZONE DISTRICT, SUBJECT TO CERTAIN SPECIAL PROVISIONS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING 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, SEPTEMBER 22, 1998, AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission), in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If the ordinance is passed on first reading, a second Public Hearing will be held on TUESDAY, OCTOBER 6, 1998, AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission). Ail 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 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 (Phone 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, 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. PUBLISH: The News CITY OF DELP~AY BEACH September 14, 1998 Alison MacGregor Harry September 30, 1998 City Clerk Instructions to Newspaper: This ad is not to be placed in the legal ads/classified section of the newspaper. It must be at least two standard columns wide and ten inches long. The entire headline must be an 18 point bold headline. Thank you. REF:USENOTIC CiTY OF DELRFIY BEfli:H DELRAY BEACH Ail-America City_ . _ 1993 100 N.W. 1st AVENUE Ms. Debra Dusek-Van Treese, Esq. Hardig, Parsons & Pedersen 515 N. Flagler Drive, Suite 1450 West Palm Beach, FL 33401 · DELRAY BEACH, FLORIDA 33444 ***VIA FAX/MAIL*** · (561) 243-7000 Re: Psychic Readers/Fortune Tellers as an Accessory Use in the CBD Zone District - LDR Text Amendment Dear Ms. Dusek-Van Treese: This letter is being provided as a follow-up to my August 24th letter, which stated that first reading of the proposed ordinance would occur at the City Commission meeting of September 15, 1998. However, due to advertising/notice requirements, first reading of the proposed ordinance must be held on September 22, 1998. This will not affect the second reading date of October 6, 1998. Please be aware that both readings will be held as public hearings. I apologize for any inconvenience this may cause. questions, do not hesitate to contact me at 243-7046. Should you have any ianner C; Diane Dominguez, Director of Planning and Zoning Alison MacGregor Harty, City Clerk Printe~ on Recycled Paper THE EFFORT ALWAYS MATTERS Fr=rn: T~e Staff Tc: Jeff Costellc ~:,ate: 8117,,98 T,rne: 11:5' ::)¢ AM This will be coming before Commission on September 15, 1998. Page 1 of 1 GREA~'IER DELRAY BEACH Chamber o[ Commerc~ To: Delray Beach City Commissioners, City Manager, P &Z Board Members & Staff From: Date: Bill Wood, President Greater Delray Beach Chamber of Commerce Statement on Psychic Reading/Fortune Telling Llse in the CBD August 17, 1998 The chamber's mission is to promote the economic well-being of our total community, to preserve our free enterprise system and to promote business growth and development. We mention this because our position against psychic readings/astrology and fortune telling as a permitted use on Atlantic Avenue may seem to some as conflicting with our mission statement. Assuredly it does not. Atlantic Avenue, the signature street and heart of our Central Business District, has undergone enormous change over the last ten plus years. Its success was slowly, careDJlly, deliberately shaped and did not happen over night. It was achieved through significant investment in its identity. The private sector's investment in many new businesses-- buildings both new and renovated, downtown promotional efforts of the chamber, CRA and DDA and millions of dollars invested by citizens for infrastructure co beautify, enhance and promote Atlantic Avenue is the foundation for its success as a shopping, dining and entertainment destination. A crudat component of The A venue'5 identity is the mix of types of business establishments which make up the Central Business District, one of the very reasons zoning laws exist. Consequently, l:>elray has already made zoning changes to discourage certain types of businesses in the Central Business District. Economic development wisdom indicates that tattoo parlors, adult businesses, second hand stores and psychic/fortune telling uses only detract from a downtown's reputation and integrity as a thriving, viable Central Business District. Our zoning already permits this use in other parts of the city. In order to protect investment already made and the future stability of the CBD, we respectfully ask that you deny the text amendment that would permit psychic, astrology and palm readings in the CBD. 64 SE 5th Avenue Delray Beach, FL 33483 561/279-1386, ext 13 kaguirrei~delraybeach.com RECEIVED AUto 1 ? 1998 August 13, 1998 The City of Delray Beach Planning and Zoning RE: Proposed Text Amendment to allow Psychic Readings on East Atlantic Avenue We are business owners on East Atlantic Avenue concerned with maintaining tile upscale image and progress the city has made and preserving our investment in East Atlantic Avenue. Association is often made between psychic shops, flea markets, tattoo parlors, prostitution houses, etc. While we realize this may, today, be an extreme association, we would not want East Atlantic Avenue to have the stigma of such businesses in the future, as would be allowed by the proposed text amendment. The undersigned businesses are OPPOSED to the text amendment considered by the City at this time and is opposed to psychics whether they be touted as reputable or not. The City cannot control the reputation of psychics each business would be entitled to hire and bring into their store. Is this entertainment business a can of worms the City wants to open? Shining Through came to many of our businesses to solicit signatures on their petition for support and we would not sign. We VOTE NO to the proposed text amendment allowing PSYCHICS on East Atlantic Avenue. , August 13, 1998 TO: City Commissioners 'The City of Delray Beach Planning and Zoning RE: Proposed Text Amendment to allow Psychic Readings on East Atlantic Avenue We are business owners on East Atlantic Avenue concerned with maintaining the upsc~le image and progress the city has made and presenting our investment in East Atlantic Avenue. Association is often made between psychic shops, flea markets, tattoo parlors, prostitution houses, etc. While we realize this may, today, be an extreme association, we would not want East Atlantic Avenue to have the stigma of such businesses in the future, as would be allowed by the proposed text amendment. The undersigned businesses are OPPOSED to the text amendment considered by the City at this time and is opposed to psychics whether they be touted as reputable or not. The City cannot control the reput.at.ion of psychics each business would be entitled to hire and bring into thek store. Is this entertainment business a can of worms the City wants to open? Shining Through came to many of our businesses to solicit signatures on their petition for support and we would not sign. We VOTE NO to the proposed text amendment allowing PSYCItlCS on East Atlantic Avenue. .August 13, 1998 Dear City Commissioner, Please be advised that I am opposed to the proposed text amendment allowing psychic readings on East Atlantic Avenue. I feel it compromises the integrity of all our businesses, as well as promotes a negative image of Delray Beach's East Atlantic Avenue. We, together with the City, have Worked so hard to upgrade the Avenue with quality establishmems and look well into Dekay Beach's future as a lasting investment. Please do not allow the text amendment to pass. Thank you very much for your time and consideration. Sincerely. . P. MICHAEL MANNING Attorney-At-law 101 S.E. 6th Avenue · Suite B Delray Beach, Florida 33453-5261 (561) 2'/6-1989 Fax (561) 2764550 · August 13, 1998 Dear City Commissioner, Please be advised that'I am opposed to the proposed text amendmem allowing psychic readings on East Atlantic Avenue. I feel it compromises the integrity of all our businesses, as well as promotes a negative image of Delray Beach's East Atlantic Avenue. We, together with the City, have Worked so hard to upgrade the Avenue with quality establishments and look well into Dekay Beach's future as a lasting investmem. Please do not allow the text amendment to pass. Thank you very much for your time and consideration. Sincerely, ARt SUPPLIES- HALLMARK CARDS & GIFTS - BOOK DEPT. ! 0ELRAY I~J~.CH, FL 33~3 PHONE (~61) 276-4194 FAX 27~.4190 -----.--' SINC F-. · August 13, 1998 Dear City Commissioner, Please be advised that'I am opposed to the proposed text amendment allowing psychic readings on East Atlantic Avenue. I feel it compromises the integrity of all our businesses, as well as promotes a negative image of Delray Beach's East Atlantic Avenue. We, together with the City, have worked so hard to upgrade the Avenue with quality establishments and look well into Defray Beach's future as a lasting investment. Please do not allow the text amendment to pass. Thank you very much for your time and consideration. Sincerely, 335 E. ATLANTIC AVE. DELRAY BEACH FL 33483 561~276-6570 · ~1-800-926-7463 #4";'~ P. 01/01 August 13, 1998 Dear City Commissioner, Please be advised that I am opposed to the proposed text amendment allowing psychic readings on East Atlantic Avenue. I feel it compromises the integrity of all our businesses, as well as promotes a negative image of Delray Beach's East Atlantic Avenue. We, together with the City, have worked so hard to upgrade the Avenue with quality establishments and look well into Delray Beach's future as a lasting investment. Please do not allow the text amendment to pass. Thank you very much for your time and consideration. Sincerely, 290 East Atlantic Ave. Delra¥ Beach, FL 33444 (561) 243-O140 Fax (561) 243-9277 August 13, 1998 Dear City Commissioner, Please be advised that I am opposed to the proposed text amendment allowing psychic readings on East Atlantic Avenue. I feel it compromises the integrity of all our businesses, as well as promotes a negative image of Delray Beach's East Atlantic Avenue. We, together with the City, have worked so hard to upgrade the Avenue with quality establishments and look well into Dekay Beach's furore as a lasting investment. Plg;ssi~ed;at~oOnt. allow the text amendment to pass. Thank you very much for your t~ August 13, 1998 Dear City Commissioner, Please be advised that I am opposed to the proposed text amendment allowing psychic readings on East Atlantic Avenue. I feel it compromises the imegrity of all our businesses, as well as promotes a negative image of Delray Beach's East Atlantic Avenue. We, together with the City, have worked so hard to upgrade the Avenue with quality establishments and look well into Delray Beach's future as a lasting investment. Please do not allow the text amendment to pass. Thank you very much for your time and consideration. KATHLEEN AND CHAD RAGLAND OWNERS 504 East Atlantic Avenue Delray Beach, Florida 33483 561-272-4495 FAX 561-274-4676 800-450-2324 www. sharedvisions.com August 13, 1998 Dear City Commissioner, Please be advised that I am opposed to the proposed text amendment allowing psychic readings on East Atlantic Avenue. I feel it compromises the integrity of all our businesses, as well as promotes a negative image of Delray Beach's East Atlantic Avenue. We, together with the City, have worked so hard to upgrade the Avenue with quality establishments and look well into Delray Beach's future as a lasting investment. Please do not allow the text amendment to pass. Thank you very much for your time and consideration. Sincerely, .August 13, 1998 Dear City Commissioner, Please be advised that I am opposed to the proposed text amendment allowing psychic readings on East Atlantic Avenue. I feel it compromises the integrity of all our businesses, as well as promotes a negative image of Delray Beach's East Atlantic Avenue. We, together with the City, have Worked so hard to upgrade the Avenue with quality establishments and look well into Delray Beach's furore as a lasting investment. Please do not allow the text amendment to pass. Thank you very much for your time and consideration. Sincerely, FAX (4.07) RONALD/2. BACKER GRACEY-BACKER, INC, e, os ir. ATLAlqTIC AVI[NOIr IIq $ tJt:~.lq C £ DEl,RAY BEACH. FhOBIDA 3a4.~'3 August 13, 1998 Dear City Commissioner, Please be advised that I am opposed to the proposed text amendment allowing psychic readings on East Atlantic Avenue. I feel it compromises the integrity of all our businesses, as well as promotes a negative image of Delray Beach's East Atlantic Avenue. We, together with the City, have worked so hard to upgrade the Avenue with quality establishments and look well into Delray Beach's future as a lasting investment. Please do not allow the text amendment to pass. Thank you very much for your time and consideration. · August 13, 1998 Dear City Commissioner, Please be advised that'I am opposed to the proposed text amendment allowing psychic readings on East Atlantic Avenue. I feel it compromises the integrity of all our businesses, as well as promotes a negative image of Dekay Beach's East Atlantic Avenue. We, together with the City, have worked so hard to upgrade the Avenue with quality establishments and look well into Delray Beach's future as a lasting investment. Please do not allow the text amendment to pass. Thank you very much for your time and consideration. Sincerely, G~FTS · TOYS · BAKERY - HAND WEAVING sTUDIO ! ~ ESTABU~iHED 1981 I _ ~, ~ 8EBBY WEIGAND DELRAY BEAGH, FLORIDA PENELOPE MORGAN (,561) 272-1000 -August 13, 1998 Dear City Commissioner, Please be advised that'I am opposed to the proposed text amendment allowing psychic readings on East Atlantic Avenue. I feel it compromises the integrity of all our businesses, as well as promotes a negative image of Delray Beach's East Atlantic Avenue. We, together with the City, have Worked so hard to upgrade the Avenue with quality establishments and look well into Delray Beach's future as a lasting investment. Please do not allow the text amendment to pass. Thank you very much for your time and consideration. Sincere~ DOUGLAS COLOMBO Cm£F F~c~. Omc~ August 13, 1998 Dear City Commissioner, Please be advised that I am opposed to the proposed text amendment allowing psychic readings on East Atlantic Avenue. I feel it compromises the integrity of all our businesses, as well as promotes a negative image of Delray Beach's East Atlantic Avenue. We, together with the City, have worked so hard to upgrade the Avenue with quality establishments and look well into Delray Beach's future as a lasting investment. Please do not allow the text amendment to pass. Thank you very much for your time and consideration. Sincerely, s31east- 531 East Atlantic Avenue ® Delray Beach, FL 33483 · (561) 272-F_AST -August 13, 1998 Dear City Commissioner, ? Please be advised that'I am opposed to the proposed text amendment allowing psychic readings on East Atlantic Avenue. I feel it compromises the integrity of all our businesses, as well as promotes a negative image of Delray Beach's East Atlantic Avenue. We, together with the City, have worked so hard to upgrade the Avenue with quality establishments and look well into Delray Beach's future as a lasting investment. Please do not allow the text amendment to pass. Thank you very much for your time and consideration. Sincerely, 330 EAST AT~NTIC AVENUE · ~EL~Y BEACH 272-7766 BILL CLINE DAVE GENSMAN .August 13, 1998 Dear City Commissioner, Please be advised tha(I am opposed to the proposed text amendment allowing psychic readings on East Atlantic Avenue. I feel it compromises the integrity of all our businesses, as well as promotes a negative image of Delray Beach's East Atlantic Avenue. We, together with the City, have worked so hard to upgrade the Avenue with quality establishments and look well into Dekay Beach's future as a lasting investment. Please do not allow the text amendment to pass. Thank you very much for your time and consideration.f~ I:iT¥ OF DELRR¥ BER£H DB_RAY BEACH ~August 24, 1998 ~o0 N.W. 1st AVENUE llI-AmedcaCity e Hardig, Parsons & Pedersen 1993 515 N. Flagler Drive, Suite 1450 West Palm Beach, FL 33401 ° DELRAY BEACH. FLORIDA 33444 - (561/243-7000 Re: Psychic Readers/Fortune Tellers as an Accessory Use in the CBD Zone District - LDR Text Amendment Dear Ms. Dusek-Van Treese: As you are aware at its meeting of August 17, 1998, the Planning and Zoning Board recommended denial (4-2) of the proposed text amendment to the City of Delray Beach Land Development Regulations to allow Psychic Readers/Fortune Tellers as an accessory use in the CBD (Central Business District) zone district. First reading of the proposed ordinance is scheduled for the City Commission meeting of September 15, 1998. A public hearing will be conducted at second and final reading which is scheduled for the October 6, 1998. Please be aware that at its meeting of August 19, 1998, the DDA (Downtown Development Authority) recommended approval of the text amendment subject to replacing the language referencing rear of store with "out of view of front windows/customer display areas" and adding "lesser of 20% or 50 sq.ft.". This recommendation will be forwarded to the City Commission along with the documentation/report for the September 15th meeting. Enclosed is a copy of the letter from the Chamber of Commerce and the petition from business owners opposed to the text amendment which were presented to the Planning and Zoning Board at the August 17th meeting. Also enclosed are letters of opposition that have been addressed to the City Commission. These documents were forwarded to Shining Through on August 20th. I recommend you periodically check with the City Clerk's office at 243-7050, for additional letters or documentation either in support of or in opposition to the proposed text amendment. Should you have any questions, do not hesitate to contact me at 243-7046. Sincerely, ./ !,,: ,: OeffmY/A. Costello Seni~ Planner C: Paul Dorling, Acting Planning Director Alison MacGregor Harry, City Clerk Fr~m: T'~e Etalf, Tc' Jeff Co$1el,c ~'ate: 8J17'198 T=,me: qI'5' 'D4 AJ~q Page 1 of q ~ D ELRAY BEACH Charn~r of Commerce To: Delray Beach City Commissione~, City Manager, P ~ Board Members & Staff 7FOrT1,,: Date: Bill Wood, President Greater Delray Beach Chamber of Commerce Statement on Psychic Reading/Fomune Telling rise in the CBD August 17, l c2c'~S The chamber's mission is to promote the economic well-being of our to[al community, to preserve our free enterprise system and to promote business growth and development. We mention this because our position against psychic readings/as~ology and fo~une telling a~s a permitted use on Atlantic Avenue may seem to some as conflicting with our mission statement. Assuredly it does not. Atlantic Avenue, the signature street and hea~ of our Central Business District, has undergone enormous change c~,er the last ten plus years. Its success w~s slowly, care~Jlly, deliberately shaped a_nd did not happen over night. It w~s achieved through sigI~ifirant investment in its identity. The private sector's investment in many ne~ businesses-- buildings both new and renovated, downtown promotional efforts of :he chamber, CRA and DDA and millions of dollars invested by citizens for infrastructure to beautify, enhance and promote Atlantic Avenue is the foundation for its success e~s a shopping, dining and entertainment destination. A crurJai component of The A venue's identity is the mix of types of business establishments which make up the Central Business District, one c~ the very reasons zoning laws exist. Consequent)y, Delray has already made zoning changes to discourage certain types of Dusinesses in the Central Business District. Economic development wisdom indicates that tattoo parlors, adult businesses, second hand stores and psychic/fortune t~iing uses only detract from a downtown's reputation and integrity as a thriving, viable Central Busing-ss Distri~. Our z~nin~ already permits this use in other p~rts of the city. In order to protect investment already made and the future sta.biiity of the CBD, we respectfully ask that yoo deny the text amendment that would pe.q'nit psychic, astrology and palm readings in the CBD. S4 SE 5th Avenue August 13, 1998 TO: City Commissioners The City of Delray Beach Planning and Zoning RE: Proposed Text Amendment to allow Psychic Readings on East Atlantic Avenue We are business owners on East Atlantic Avenue concerned with maintaining the upscale image and progress the city has made and preserving our investment in East Atlantic Avenue. Association is often made between psychic shops, flea markets, tattoo parlors, prostitution houses, etc. While we realize this may, today, be an extreme association, we would not want East Atlantic Avenue to have the stigma of such businesses in the future, as would be allowed by the proposed text amendment. The undersigned businesses are OPPOSED to the text amendment considered by the City at this time and is opposed to psychics whether they be touted as reputable or not. The City cannot control the reputation of psychics each business would be entitled to hire and bring into their store. Is this entertainment business a can of worms the City wants to open? Shining Through came to many of our businesses to solicit signatures on their petition for support and we would not sign. We VOTE NO to the proposed text amendment allowing PSYCHICS on East Atlantic Avenue. August 13, 1998 TO: City Commissioners The City of Delray Beach Planning and Zoning RE: Proposed Text Amendment to allow Psychic Readings on East Atlantic Avenue We are business owners on East Atlantic Avenue concerned with maintaining the upscale image and progress the city has made and preserving our investment in East Atlantic Avenue. Association is of[en made between psychic shops, flea markets, tattoo parlors, prostitution houses, etc. While we realize this may, today, be an extreme association, we would not want East Atlantic Avenue to have the stigma of such businesses in the future, as would be allowed by the proposed text amendment. The undersigned businesses are OPPOSED to the text amendment considered by the City at this time and is opposed to psychics whether they be touted as reputable or not. The City cannot control the reputation of psychics each business would be entitled to hire and bring into their store. Is this entertainment business a can of worms the City wants to open7 Shining Through came to many of our businesses to solicit signatures on their petition for support and we would not sign. We VOTE NO to the proposed text amendment allowing PSYCHICS on East Atlantic Avenue. August 13, 1998 : ._'. ~ ~.Uo ~ . Dear City CommisSioner, Please be advised that I am opposed to the proposed text amendment allowing psychic readings on East Atlantic Avenue. I fee] it comprolTfiSeS the integrity of all our businesses, as well as promotes a negative image o£Delray Beach's East Atlantic Avenue· We, together with the Ci~, have worked so hard to upgrade the .&venue with qualiD, establishments and look well into Delray Beach's future as a lasting investment· Please do not allow the text amendment to pass. Thank you very much for your time and consideration. Sincerely, · ) ' t:' ~¢ i//I ~t I? ,' ORESTt~ JEWELERS FINE JEWELRY Design and Repair 400 East Atlantic Ave. Delray Beach, FL 35483 OrestE Cardillo (561) 2746068 Fax (561) 2744193 August 13, 1998 Dear City Commissioner, Please be advised that I am opposed to the proposed text amendmem allowing psychic readings on East Atlantic Avenue. I feel it compromises the int%m-iry of all our businesses, as well as promotes a negative image of Delr~, Beach's East Atlantic Avenue. We, together with the City, have worked so hard to up~ade the Avenue with qualiD~ estabhshments and look well into Delray Beach's future as a lasting investment. Please do not allow the text amendment to pass. Thank you very much for your time and consideration. Sincerely, / / August 13, ] 998 Dear City Commissioner, ~il AUG I 4 lgg8 ~© ~ rlTv C 0,.,'...{ ~$!.:; ~ S ~ n,~li Please be advised that I am opposed to the proposed text amendment allov,4ng psychic readings on East Atlantic Avenue. I feel it compromises the inte_m-ity of all our businesses, as well as promotes a negative image of Delray Beach's East Atlantic Avenue. We, together w/th the City, have worked so hard to up~ade the Avenue with quality establishments and look well into Dekay Beach's future as a lasting investment. Please do not allow the ten amendment to pass. Thank you veD, much for your time and consideration. Sincerely, August 13, 1998 Dear City Commissioner, Please be advised that I_am opposed to the proposed text amendment allowing psychic readings on East Atlantic Avenue. I feel it compromises the integ_r'ity of all our businesses, as well as promotes a negative image of Delrav Beach's East Atlantic Avenue. We, together with the City, have worked so hard to up=m'ade the Avenue with quality establishments and look well into Delray Beach's future as a lasting investment. Please do not allow the text amendmem to pass. Thank you very much for your time and consideration. Sincerely, ES-rAT~ & B~u~' DQU~D~ CARL & SU~NNE WE~S 425 E Atlaflc Ave. (~1) 243-9911 Delmy Beach, FL 3~3 MEETING DATE: AUGUST 17, 1998 AGENDA ITEM: II1.1. - AMENDMENT TO LDR SECTION 4.4.13(C) CENTRAL BUSINESS DISTRICT (CBD), TO ALLOW ASTROLOGISTS, CLAIRVOYANTS, FORTUNE TELLERS, PALMISTS, PHRENOLOGISTS, PSYCHIC READERS, SPIRITUALISTS, NUMEROLOGISTS AND MENTAL HEALERS AS AN ACCESSORY USE TO BOOK STORES, ANTIQUE SHOPS, GIFTS SHOPS, MUSIC STORES, ARTS AND CRAFTS SHOPS, SUBJECT TO SPECIAL PROVISIONS. The item before the Board is that of making a recommendation to the City Commission regarding an amendment to the Land Development Regulations Section 4.4.13(C) Central Business District (CBD). Accessory_ Uses and Structures Permitted, to allow astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers as an accessory use to book stores, antique shops, gifts shops, music stores, and arts and crafts shops, subject to special provisions, pursuant to LDR Section 2.4.5(M). The amendment was initiated by the Planning and Zoning Board at its meeting of July 20, 1998. Pursuant to LDR 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. "Shining Through" is a business that has been licensed since 1993 as "Merchant - Retail" at 426 E. Atlantic Avenue, which is located within the CBD (Central Business District) zoning district. The business is a retail establishment (New Age bookstore) which sells items such as books, jewelry, and music. On June 5, 1998, the owner of Shining Through submitted a request for a determination of similarity of use to allow "psychic readings" in the CBD zone district at the current business location. At its meeting of July 20, 1998, the Planning and Zoning Board held a public hearing regarding the determination of similarity of use request. There was public testimony in support of the determination of similarity of use request. While the applicant stated that the use has been in operation since 1993 in conjunction with a book store, an occupational license was not obtained to conduct the use. After further discussion, the Board determined that the similarity of use approach was not appropriate, but that the use request is recommended for inclusion to the code through a formal text P & Z Board Memorandum Staff Report LDR Text Amendment - Psychic Readers, Fortune Tellers, etc. as an Accessory Use in the CBD Zoning District Page 2 amendment. The Board suggested that it may be appropriate to allow the use as an accessory use to shops, such as book stores and gift shops and recommended that a text amendment be prepared to that effect. The text amendment is now before the Board for action. At the same meeting the Board held a public hearing regarding an amendment to the Land Development Regulations to allow psychic readers as a permitted use in the GC (General Commercial) zone district subject to certain Iocational restrictions. The text amendment was being processed due to the lack of clarity in the code regarding the appropriate locations for psychic readers and similar types of operations. Also, the City acknowledged that the use must be permitted within the City and therefore established guidelines and criteria to allow such uses. The Board recommended approval of the text amendment. On August 4, 1998, the City Commission approved the text amendment on second and final reading. LDR Section 2.4.$(M)(5) (Findings): In addition to provisions of 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 proposed LDR text amendment is to allow astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers as an accessory use to book stores, antique shops, gifts shops, music stores, and arts and crafts shops, subject to the following special provisions: that there be one reading room with only one psychic reader/fortune teller etc. at an appointment; that the room be located in the rear of the store/bay, separated from customer/display/retail areas by a wall, and limited to 50 sq.ft.; that no signs be permitted advertising the secondary use; and that each psychic reader/fortune teller etc. obtain an occupational license from both the City and Palm Beach County. The size and Iocational limitations on reading rooms and the restriction on signage are provided to insure that the use remains an accessory use. Consideration was given to determining the size of the reading room based upon a percentage to the total floor aroa of the store, however, this could result in large reading rooms which could act as a primary use. The requirement regarding occupational licensing is to insure that each psychic reader/fortune teller, etc. is appropriately licensed. CBD (CENTRAL BUSINESS DISTRICT- PURPOSE AND INTENT).: With regard to the appropriateness of the use within the CBD, LDR Section 4.4.13(A) (CBD Zone District - Purpose and Intent), states that "the Central Business District zone district is established to preserve and protect the cultural and historic aspects of downtown Delray Beach and simultaneously provide for the P & Z Board Memorandum Staff Report LDR Text Amendment - Psychic Readers, Fortune Tellers, etc. as an Accessory Use in the CBD Zoning District Page 3 stimulation and enhancement of the vitality and economic growth of this special area. Establishment of the CBD district is consistent with and implements, in part, Objective C-4 of the Future Land Use Element of the Comprehensive Plan." The CBD is clearly a very special place within the City. It has been at the core of the City's redevelopment efforts, from which the Citywide renaissance has spread. Through careful regulation of uses and development standards, and the expenditure of millions of public dollars in beautification and traffic circulation improvements, the City has recovered from the blight and economic stagnation of a decade ago. The mix and character of uses permitted within the district must be carefully considered in order to be consistent with the on going revitalization efforts in the downtown. COMPREHENSIVE PLAN POLICIES: A review of the goals, objectives and policies of the Comprehensive Plan was conducted and the following applicable objective and policy are noted. Future Land Use Element Objective C-4 - The Central Business District (CBD) represents the essence of Delray Beach i.e. a "village like, community by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan of "A City Set Apart in South Florida". The following policies and activities shall be pursued in the achievement of this objective. Future Land Use Element Policy C-4.1 - The Central Business District (CBD) Zoning District regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: · deletion of inappropriate uses · incentives for locating retail on the ground floor with office and residential use on the upper floors · accommodating parking needs through innovative actions · incentives for dinner theaters, playhouses, and other family oriented activities · allowing and facilitating outdoor cafes · incentives for mixed use development and rehabilitations · elimination of side yard setback requirements · allow structural overhang encroachments into required yard areas. As stated above, the CBD regulations shall facilitate and encourage rehabilitation and revitalization through the "deletion of inappropriate uses" within the District. Also, the City has invested in the downtown through streetscape and parking improvements, to encourage quality developments, uses and private investment in the downtown. The uses allowed in the CBD are more specialized than those permitted in other commercial zoning districts in the City. The intent is to provide a cultural and business environment which also offers services for residents of the district and tourists. P & Z Board Memorandum Staff Report LDR Text Amendment - Psychic Readers, Fortune Tellers, etc. as an Accessory Use in the CBD Zoning District Page 4 While the text amendment is to be applied only to the CBD, it would open the door to similarity of use determinations and future amendment requests to broaden the scope to other zoning districts. There is no reason why the proposed accessory use would not then be allowed in the other general commercial and mixed use zoning districts [GC (General Commercial), PC (Planned Commercial), and OSSHAD (Old School Square Historic Arts District)]. The intent of the text amendment adopted on August 4th , which permits the use in certain geographical areas of the GC, was to direct these types of uses to areas which are considered to be the most appropriate. The use was specifically excluded from redevelopment areas as the City is encouraging economic stimulation and revitalization of these areas. Also, the use was excluded from the CBD as a permitted use as Comprehensive Plan policies regarding the City's Central Business District (CBD) refer to the need to have an appropriate mix of uses as part of an economic development strategy. The types of businesses desired for these areas are those which will generate significant job growth and pedestrian traffic, and which will complement other uses within the area (i.e. restaurants, retail, office). It was identified that the mix and character of uses permitted within the district must be carefully considered in order to be consistent with the on going revitalization efforts in the downtown. Other commercial districts were considered by staff during the preparation of the amendment but were subsequently rejected. The PC (Planned Commercial) zone allows many of the same uses as the GC district, however, it is intended to be applied to large sites which are to be developed in a coordinated, well-planned fashion, and which generally involve much larger tenants than the typical psychic reading business. If the Board determines that the use is appropriate as an accessory use in the CBD, there is no reason why the use should not be allowed within the PC zone district. For that matter it may be difficult to argue why it could not be allowed as an accessory use in the redevelopment areas zoned GC district. If the Board determines that the Citywide implications may be too great, the Board should recommend denial of the text amendment. By denying the request, the action would not be unconstitutional, as it is permitted in the GC zone district in certain geographical areas and will have been handled in a manner similar to other first amendment uses such as churches and adult entertainment establishments. Churches are only allowed as a conditional use in residential and community facilities zoning districts, and pursuant to a proposed text amendment adult entertainment establishments will be allowed as a Conditional Use in the Mixed Industrial and Commercial zoning district. P & Z Board Memorandum Staff Report LDR Text Amendment - Psychic Readers, Fortune Tellers, etc. as an Accessory Use in the CBD Zoning District Page 5 Community_ Redevelopment Agency: At its meeting of August 13, 1998, the CRA Board reviewed and recommended denial of the determination of similarity of use. The consensus of the Board was that the use is inappropriate for the Central Business District. Downtown Development Authority: This item has been scheduled for the August 19th DDA meeting. Their recommendation will be forwarded to the City Commission. Courtesy Notices: A special courtesy notice was provided to the following civic and homeowner's associations: · Beach Properties Association · Chamber of Commerce · Delray Merchants Association · Progressive Residents of Delray (PROD) · President's Council Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. A. Continue with Direction. Recommend to the City Commission approval of the amendment to LDR Section 4.4.13(C) Central Business District (CBD). Accessory. Uses and Structures Permitted, to allow astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers as an accessory use to book stores, antique shops, gifts shops, music stores, and arts and crafts shops, and the associated special provisions, based upon positive findings with LDR Section 2.4.5(M). Recommend to the City Commission denial of the amendment to LDR Section 4.4.13(C) Central Business District (CBD). Accessory Uses and Structure~; Permitted, to allow astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers as an accessory use to bookstores, antique shops, gift shops, music stores, and arts and crafts P & Z Board Memorandum Staff Report LDR Text Amendment - Psychic Readers, Fortune Tellers, etc. as an Accessory Use in the CBD Zoning District Page 6 shops, and the associated special provisions, based upon a failure to make positive findings with respect to the Purpose and Intent statement of the CBD regulations [(Section 4.4.13)(^)], Future Land Use Element Policy C-4.1, and LDR Section 2.4.5(M)(5), that the proposal is inconsistent with the Goals, Objectives and Policies of the adopted Comprehensive Plan. Recommend to the City Commission denial of the amendment to LDR Section 4.4.13(C) Central Business District (CBD). Accessory. Uses and Structures Permitted, to allow astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers as an accessory use to bookstores, antique shops, gift shops, music stores, arts and crafts shops, based upon a failure to make positive findings with respect to the Purpose and Intent statement of the CBD regulations [(Section 4.4.13)(A)], Future Land Use Element Policy C-4.1, and LDR Section 2.4.5(M)(5), that the proposal is inconsistent with the Goals, Objectives and Policies of the adopted Comprehensive Plan. Attachment: · Proposed Ordinance Secti¢n 4.4.13 Central Business District {CBD): (c) Accessory_ Uses and Structures Permitted: The following uses are allowed when part of, or accessory to the principal use: (1) Parking Lots (2) Refuse and service areas (3) Provision of services and repair of items incidental to the principal use. (4) Storage of inventory either within the same structure as where the sale of goods occur or in a separate structure on the same parcel provided that such storage facilities are not shared or leased independent of the primary commercial use of the site. (5) a single family residence, either separate or within a structure housing a nonresidential use, provided that the residence is occupied by the owner, proprietor, or employee of a business enterprise conducted on the property. (6) Recreational facilities attendant to a multi-family residential development, such as tennis courts, swimming pools, exercise areas, and meeting rooms. (Add the following) (.7) Astrologists. clairvoyants, fortune tellers, palmists. phrenologists, psychic readers, spiritualists, numerologists and mental healers as an accessory, use to book stores, antio, ue shops, gifts shops, music stores, and arts and crafts shops, sub!ect to the following special provisions: a) That there be one reading room with one psychic reader/fortune teller etc. at an appointment: b) That the room be located in the rear of the store/bay, separated from customer/display/retail areas by a wall. and limited to 50 sci..ft.; c) That no signs be permitted advertising the secondary, use; and, d) That each psychic reader/fortune teller etc. obtain an occupational license from both the City and Palm Beach County. JOSEPH L. HARDIG, JR. * DONALD H. PARSONS '~ JOSEPH L. HARDIG, Itl ~ DEBRA (3. DUSEK*VAN TRE£SE HARE) IG PARSONS ~ PEDERSEN ATTORNEYS AND COUNSELORS 51S hi. fLAGLEF~ DF~VE, SUitE 9450 WESt PALM BEACH~ FLORIDA 33401 TELEPHONE (40?) 833-3844 FACSIMILE ([407) 832-2975 2000 N. WOODWARD AVE. SUITE 100 BLOOMFIELD HILLS~ MI 48304 ~1~ BRIDGE STREET CHAiR~LEVOIX~ M~ 49720 ~.O. BOX 1607 2r6 HIGHWAY 17 PAWLEY~S ISLAND~ S.C. 29555 September 22, 1998 Mayor Jay Alperin Vice-Mayor Kevin Egan Deputy Vice-Mayor Kenneth Ellingsworth Commissioner David Randolph Commissioner David W. Schmidt Re: Spiritual Counseling as an Approved Accessory Use in the CBD Dear Mayor and Commissioners: Shining Through, a new age bookstore and retail store, located at 426 Atlantic Avenue, has been in business for over 5 ½ years at the same location and is recognized as one of the anchors of Atlantic Avenue's retail resurgence. For over 5 ½ years Shining Through has offered spiritual counseling on weekend afternoons by appointment with no complaints fi.om city staffor anyone else. CITY STAFF INVITES LAWSUIT In the Spring of 1998, an unrelated business (World of Angels) rented space on Atlantic Avenue for the first time and attempted to offer psychic readings as a primary business. Even though Shining Through offered spiritual counseling for over 5 ½ years, the Delray Beach city planning staff determined the CBD allowed uses did not include psychic readings. Staff sent a city police officer, Detective Jack Makler, to Shining Through who threatened to close the business and charge the owner criminally if the spiritual counseling/psychic readings were not stopped. The city staff took this unusual action, even though: Spiritual counseling/psychic readings was not specifically allowed in any zoning district in Delray Beach. The law requires the city to allow spiritual counseling/psychic readings within Delray Beach. The CBD district listed the most similar uses to spiritual counseling/ psychic readings compared to any other zoned district. o Prohibiting spiritual counseling/psychic readings is clearly an unconstitutional infringement of both freedom of speech and freedom of religion. City staff invited a lawsuit by their actions. PLANNING AND ZONING BOARD REJECTS CITY STAFF AND RECOMMENDS SPIRITUAL COUNSELING/PSYCHIC READINGS AS AN ACCESSORY USE IN CBD Shining Through filed a petition for determination of similarity of use on June 5,1998 as required by the Delray city zoning staff. (See attached application and memorandum of law in support of petition for determination of similarity of use, Exhibit 1, 9 pages). Supporting Shining Through's application was a petition signed by more than 1,200 patrons of Atlantic Avenue (Exhibit 2, 1 page) and letters of support signed by 50 merchants on Atlantic Avenue (Exhibit 3, 3 pages). The city planning staff, with no notice to Shining Through or its attorneys, brought the issue of "psychic readers" to the agenda of the CRA board on June 25, 1998 and persuaded the board through misleading arguments that the CRA should recommend denial of the determination of similarity of use. On July 20, 1998 the planning and zoning board held a quasi-judicial hearing on whether spiritual counseling/psychic readings was a similar use pursuant to section 4.3.2(C)(2) of the Delray Beach zoning ordinance. The city staff argued the planning and zoning board should determine spiritual counseling was not similar to any allowed use within the CBD and was inconsistent with the purpose and intent statement of the CBD regulation. The planning and zoning Board, by a unanimous 7 - 0 vote, rejected the city staff's recommendation and determined that although the similarity of use approach was not appropriate, the proposed use should be recommended for inclusion to the CBD through a formal text amendment. The consensus of the board members at the July 20, 1998 meeting was the use as it existed for over 5 ¥2 years at Shining Through is not objectionable and in fact is beneficial to the CBD. AUGUST 17, 1998, PLANNING AND ZONING BOARD MEETING At the subsequent August 17, 1998 meeting of the planning and zoning board, the Delray Beach city staff regrouped and argued the planning board should reverse itself and vote against the proposed amendment. City staff's primary arguments in support of asking the Planning and Zoning Board to reverse its unanimous vote was providing a letter from the Delray Beach Chamber of Commerce, comparing the activities at Shining Through to tattoo parlors, adult businesses, and second hand stores and offering a petition signed by a limited number of downtown merchants and a form letter signed by four individuals. The petition went even further than the Chamber ofCommerce's mischaracterization and attempted to place spiritual counseling in the same category as "flea markets, tattoo parlors, and "prostitution houses." Whether the author of the petition opposing spiritual counseling was drawing upon ignorance or arrogance, it is clear that spiritual counseling bears no relationship with houses of prostitution, flea markets or tattoo parlors. In fact, one of the few business owners who signed the petition against spiritual counseling included someone signing on behalf of a "news" shop whose primary business appears to be selling pornographic magazines. The real message behind those opposed to spiritual counseling is they simply do not "approve" spiritual counseling/psychic readings. As a result of the misguided messages supported by the city staff, the planning and zoning board reversed its earlier unanimous decision and voted on a split 4 - 2 basis to deny the text amendment as proposed. AUGUST 19, 1998, DDA RECOMMENDS SPIRITUAL COUNSELING AS ACCESSORY USE On August 19, 1998, the Downtown Development Authority recommended approval of the text amendment subject to the proposed use being "out of view of the front window customer display areas" and be limited to "the lesser of 20% or 50 square feet." (See attached excerpts of DDA minutes, Exhibit 4, 3 pages) CITY COMMISSION SHOULD Al. LOW SPIRITUAL COUNSELING AS AN ACCESSORY USE Unlike the issues facing the planning and zoning board with the similarity of use application, this city counsel is not bound by interpreting an existing ordinance. Rather, the real issue for this counsel is whether spiritual counseling as an extremely limited accessory use is compatible with the other uses allowed in the CBD. Unlike the vast majority of other zoning changes coming in front of this counsel, there is a 5 ½ year history in this case which provides compelling evidence that the use is compatible. We suggest the city counsel should follow the recommendation of the DDA and the seven planning and zoning members who voted in favor of the proposed accessory use on July 20, 1998, for the following reasons: The proposed use is virtually undetectable from any public perspective. There is a 5 V2 year history of this use being conducted at Shining Through with no complaints. If it isn't broken, why fix it? To deny the use invites a federal lawsuit against the city staff's actions in ordering the city police officer to terminate the use. City staff's recommending -3- a change in the general commercial ordinance to allow spiritual counseling/ psychic readings after the fact will have no impact on this lawsuit, which the city is assured to lose. (See attached article criticizing city staff's actions, Exhibit 5) * The DDA supports the proposed text amendment. * More than 50 downtown merchants support the proposed use. * More than 1,200 shoppers signed a petition in favor of the proposed use. Putting politics aside, and addressing only the planning issues, clearly allowing an accessory use in such a limited form will do nothing but benefit the viability of a recognized anchor store on Atlantic Avenue. City Counsel should reject the insulting argument that people who believe in spiritual counseling/psychic readings are somehow "unsavory" people who would frequent houses of prostitution, tattoo parlors, or adult businesses as suggested by the closed minds signing the petition against this use. They Are opposed to spiritual counseling/psychic readings whether "reputable or not." City staff allows the Christian Science Reading Room to conduct the same use in the CBD. * The city will incur multiples of $100,000 in damages and attorney fees. The bottom line is that America has been built on laws protecting minority viewpoints against small minded people who don't want things they don't understand or believe in to be in "their" neighborhood. It is up to this city counsel to do the right thing, reject the rather absurd and insulting arguments there is something "wrong or unsavory" with spiritual counseling/psychic readings offered at Shining Through, and allow a business activity that has been going on for the past 5 ½ years with no complaints to continue. Date: HARDIG PARSONS & PEDERSEN Attorneys for Shining Through, Inc. Northbridge Centre, Suite 1450 515 North Flagler Drive West Palm Beach, Florida 33401 By: Debra Dusek-VanTreese, Esq. FBN: 0005282 -4- SPIRITUAL COUNSELING AS AN APPROVED USE IN THE CBD INDEX Exhibit 1 Application and Memorandum of Law in Support of Similarity of Use Exhibit 2 Petition in Support of Use (Signed by more that 1,200 Atlantic Avenue patrons) Exhibit 3 Letters of Support from Atlantic Avenue Businesses Exhibit 4 Excerpts from August 19, 1998 DDA minutes recommending approval of text amendment Exhibit 5 City Link article criticizing city staff's actions G. DUSEK'VANTFII~'~'~E HARDIG, PARSONS ~ PEDERSEN ATTORNEYS AND COUNSELORS 5 I 5 N. I"LAGI-~"R DnlV~', SUIT~ 1450 ~PHON~ (~ I } 833-3844 FACSIHILE (5~ I ) 832-2975 FORT LAUOERDALIr, FL BLOOMIrlIrLD HILLS, MI CHARLI~VOIX, MI PAWLLry'$ ISLANrt, June 25, 1998 Via Facsimile (561) 243-7221 and Regular Mail City of Delray Beach 100 N.W. 1 st Avenue Delray Beach, Fl 33444 Attention: Jasmin Allen, Planner Dear Ms. Allen: Thank you for your letter of June 24, 1998. Enclosed please find a Memorandum in support of my client's request, which comports with LDR Section 2.4.5(N)(2). Given the fact the Zoning Department's response will not be available until Friday, July 17, 1998, my client reserves the right to supplement the enclosed Memorandum to respond to the Zoning Department's analysis and/or written staff report. Would you be kind enough to contact me regarding two remaining issues: (1) What written standards does the City employ concerning the nature of the July 20, 1998 hearing, e.g., is there a procedure for sworn testimony, submission of affidavits, cross-examination, etc.? (2) Is the hearing recorded? If so, what is the cost for obtaining transcripts or partial transcripts of the hearing? If the hearing is not recorded, please let me know so I can arrange for a court stenographer to be present. I assume that Mr. Jeff Costello will handle this matter on behalf of the City staff. I would be happy to speak with Mr. Costello if he has any questions or comments prior to July 17, 1998, to determine if an amicable resolution can be reached or in an attempt to stipulate to any facts or law in order to limit the issues for consideration by the Planning & Zoning Board. Very truly yours, DDVT/ml CITY OF DELRAY BEACH ZONING AND PLANNING BOARD In Re: Application for Determination of Similarity of Use Memorandum of Law in Support of Petition for Determination of Similarity of Use The applicant, Shining Through, Inc., has petitioned the Zoning and Planning Board ("the Board") for a determination that spiritual counseling/psychic readings is a similar use to those allowed in the Delray Beach Central business District ("CBD"). The applicant's request is based upon a decision of the Delray beach Zoning staff that spiritual counseling/psychic readings is not a specifically listed use within the CBD. Facts Shining Through is a new age book store and retail store located at 426 Atlantic Avenue, Delray Beach, Florida. Shining Through has been in business for over 5-1/2 years and has long been recognized as one of the anchors of Atlantic Avenue's retail resurgence. For over 5-1/2 years, Shining Through has offered spiritual counseling/psychic readings on weekend afternoons by appointment. To the knowledge of your applicant, there has never been a complaint to the City of Delray Beach, any licensing authority, or any local, state or federal police agency concerning the spiritual counseling/psychic readings offered at Shining Through. In addition, the City of Delray Beach's Zoning and Planning Department was aware of the Weekend afternoon spiritual counseling/psychic readings' activities for over five years. Approximately March, 1998, an unrelated business (World of Angels) rented space on Atlantic Avenue for the first time and attempted to offer psychic readings as a primary business. As a result of this neighboring business activity, the Delray Beach Planning staff determined that allowed uses within the CBD does not include "psychic readings". The specific uses enumerated within the Delray Beach CBD are: (1) All uses allowed as such within the GC District [Section 4.4.9(B)(1)&(2)]. (2) 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. (3) 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.~ (4) Automobile brokerage, including vehicle display within an enclosed structure, but excluding any preparation, service, or repair work. (5) 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, laundromats limited to self-service facilities, pet grooming, restaurants excluding drive- in and drive-through, outdoor cafes, 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). [Amd. Ord. 15-98 4121198] Galleries, broadcast studios butcher shops, cocktail lounges, exercise facilities, e.g. gyms and clubs, museums, libraries, Section 4.4.13 Central Business (CBD) District, 4419 2 newsstands, commercial or public parking lots and parking garages. (6) Multi-family dwelling units, excluding duplexes, up to a maximum density of thirty (30) units per acre except for the portion of the CBD located east of the Intracoastal Waterway, where the maximum density is twelve (12) dwelling units per acre. [Amd. Ord. 8-98 2/3/98]; [Amd. Ord. 80-95 12/5/95] (7) Hotels, Motels, Bed and Breakfast Inns, and Residential-Type Inns. [Amd. Ord. 9-98 2/17/98].2 It should be noted that n~o zoning district in Delray Beach specifically allow spiritual counseling/psychic readings. Therefor, under the decision of the Delray Beach Zoning staff that spiritual counseling/psychic reading is not an allowed use in the CBD because it is not specifically listed or similar to other uses, n._~o zoned district within Delray Beach would allow spiritual counseling/psychic readings. Thus, to uphold the decisio~n of the Delray Beach Planning staff would be to effectively prohibit spiritual counseling/psychic readings in all zoning districts within the City of Delray Beach. Law and Discussion I. Standard of Review. Florida law requires the Board give words used in the zoning ordinance their broadest meaning, when there is no definition or clear intent to the contrary, and interpret an ordinance in favor of the property owner. This rule of Florida law is based upon the legal principle that zoning regulations are in derogation of private rights of ownership and must be strictly construed? Florida law is in accord with the majority of the states' finding that zoning ordinances are limitations upon the basic right to use private property and are to be construed in favor of the right of a property owner to an unrestricted use of his property.4 Most courts agree that zoning ordinances are not to be extended by implication to prevent a use not clearly prohibited. II. Spiritual conseling/pysic readings is a similar use to other uses allowed in the CBD. Ibid., 4435. Rinker Materials Corp. v. The City of North Miami, 286 So.2d 552 (Fla. 1973). Antiochf Municipal Corporation Law, Sec. 7.158 (hereinafter "Antioch"). 3 Section 4,4.1 3' of the Deray Beach Land Development Regulations (the Ordinance), Subsection (A) provides the CBD is the "commercial core" of Delray Beach and allows both all general retail and business and professional uses allowed within the general commercial district (Section 4.4.9(B)(1)&(2)as well as additional services and facilities that can best be described as the most intense service or retail uses allo.wed anywhere ,w~hin ~Delray Beach including auctions, laundromats, pet grooming, ~'es_taurants,~.outd~or cafes, bicycle, skate and boogie board rentals, small item repair shops, "~utch, er.~sh~ps, bars, gyms, c u,bs,, new~stands, parking lots, and what is appacently a generally catch all category of "business". Ths applicant will show,.and the'City staff will be unable to rebut, evidence that these allowed uses are substantially more intense and have a greater impact upon surrounding properties than the use of spiritual counseling/psychic readings. Other commercial-zoned districts in Delray Beach are either specific to a particular type of commercial use (e.g., automotive commercial) or allow less intensive use (e.g., neighborhood commercial). Simply stated, if the Planning staff cannot fit spiritual counseling/psychic readings within the CBD, there is no other zoned district that is more compatible. If there is no zone which specifically permits a use, it is incumbent upon the City to permit the activitiy within the zone most nearly applicable? From a purely planning point of view, the use of spiritual counseling/psychic readings is no different, and is probably a less intense use, than a typical office of an attorney, stockbroker, dentist, doctor, or other uses which are specifically autorized in the CBD. Surely no one would seriously argue that spiritual counseling/psychic readings use is more intense than other uses allowed within the CBD such as auctions, boogie-board rentals, newsstands, bars, butcher shops, etc. On average, the spiritual counseling/psychic readings use generates 5- 10 individuals entering into a store per day for appointments which occur in a private office area within the store. If one puts aside one's bias or prejudice towards the content of the speech that occurs in the office, there is no articulable basis to distinguish the activity generated by the spiritual counseling/psychic readings from that of a stockbroker or lawyer. (One could also question the relative success of predictions by spiritual counselors/psychics verses stockbrokers and lawyers.., but that is beyond the scope of this discussion.) Simply stated, the use of spiritual counseling/psychic readings is most similar to other uses allowed within the CBD, including professional and business office uses and is probably less intense than the majority of uses specifically listed in the CBD. There is no objective, articuable basis to discriminate against spiritual Thomas v. City of Crescent City, 503 So.2d 1299, 1301 (Fla. 5th DCA 1987). 4 counseling/psychic readings as an allowed use within the commercial core of any city, particularly given the other types of uses allowed within Delray Beach's CBD. III. Banning spiritual counseling/psychic readings is an unconstitutional infringement on both freedom of religion and freedom of speech guaranteed by the United States and Florida constitutions. Spiritual counseling/psychic readings and fortune telling all fall within the provisions of the Federal Constitution's First Amendment guarantee of freedom of speech? In the Rushman case, Carol Rushman was a full-time astrologer who maintained a tent in Cathedral Park in Milwaukee each summer beginning in 1984 and charged $15 for a reading. In 1995 the City of Milwaukee threatened to prosecute her for practicing astrology based upon an ordinance which prohibited solving certain problems through psychic powers, prophesy, astrology, science, or other means, whether free or for a fee. The City's rationale was that people often use fortune telling to defraud individuals. The con artist will predict the client must turn money over to the con artist or an accomplice based upon the client's fortune. Based upon the record in Rushman, Carol Rushman had never committed that type of fraud nor ever accused of it. The court found that telling fortunes or giving advise based upon astrology is protected speech under the First Amendment. The court threw out the Milwaukee ordinance on the basis the ordinance, if allowed, would permit the city to ban any statement or belief and render the First Amendment a cruel hoax more worthy of Orwellian thinking than the United States of America.7 The court found fortune telling without more, to be similar on a constitutional analysis to providing legal advice or medical advice? In the present case, the applicant has been told by the Delray Beach Planning staff and by a Delray Beach police officer that his business may be shut down, and he may be arrested unless he immediately stops an activity that has been allowed by the City for more than 5-1/2 years. Further, he has been told by the City that spiritual counseling/psychic readings are not allowed in the CBD because it is not specifically enumerated within the CBD list of uses, even though the City staff can point to no other zoned district in the City where the use would be allowed. Under the circumstances, the applicant justifiably believes the City's decision that spiritual counseling/psychic readings is not a "similar use" is a pretext Rushman v. City of Milwaukee, 959 F.Supp.1040 (E.D. Wisconsin, 1997). Id. at 959 F.Supp. 1040, 1044. Id. at 1043. 5 to prohibit this activity anywhere within the City. In fact, the practical effect of the City staff's decision is to ban spiritual counseling/psychic readings anywhere within the City of Delray Beach. The United States Constitution does not allow this outright ban. This Board should not condone an attempt to construe the Delray Beach's ordinance as unconstitutional as applied to your applicant. IV. Banning spiritual counseling/psychic readings is not a reasonable "time, place and manner" restriction. In Howell v. City of New Orleans,9 the City of New Orleans attempted to regulate fortunetellers or psychics (defined as "readers" by the ordinance) by adopting an ordinance prohibiting the issuance of permits within Jackson Square. The city contended that readers were not prohibited in the remainder of the French Quarter and the rest of the city and the ordinance constituted merely a reasonable time, place and manner restriction. However, the federal court determined the First Amendment generally prevents the government from proscribing speech or even expressive conduct because of the disapproval of ideas expressed, even with respect to time, place and manner restrictions, citing the U.S. Supreme Court's decision in Ray v. St. Paul MinnesotaTM In the present case, the City of Delray Beach's staff's decision to disallow spiritual counseling/psychic readings in the CBD on the basis such activity is not specifically allowed within the CBD list of approved uses constitutes an outright ban on spiritual counseling/psychic readings anywhere in the city. This is so because there is no other zoned district within the City of Delray Beach that specifically allows spiritual counseling/psychic readings. The same logic that would prohibit spiritual counseling/psychic readings in the CBD would prohibit spiritual counseling/psychic readings. The City of Delray Beach can regulate spiritual counseling/psychic readings effectively through the use of licensing ordinances without resorting to making changes in the zoning ordinance. The City of Milwaukee's ordinance in the Rushman case was based upon a perception that people use fortune telling to defraud individuals. A con artist might predict that a client must turn money over to the con artist (or an accomplice) based upon the fortuneteller's recommendation, or told they had curses that could only be removed for a fee, or that they would not feel better unless they got rid of their "evil money" or that the client should sell their homes to 844 F. Supp. 292 (E.D. Louisiana, 1994). lo 505 U.S. 377 (1992). 6 her or her proxy at bargain basement prices. State law already prohibits all of these practices. If the City of Delray Beach wishes to regulate and license psychics or spiritual counselors, it need look only to its code of ordinances and compare the licensure provisions concerning "astrologists, clairvoyance, fortune tellers, palm readers, phrenologists, spiritualists, numerologists and mental healers, which must only pay a $125 fee and are entitled to an immediate license with no standards for revocation to the Delray Beach ordinance concerning peddlers, itinerant merchants and solicitors, Section 118.01. The provisions of the licensure proceedings for peddlers requires an application listing detailed information regarding the applicant, exactly how, when, and where the activity will be conducted, if goods were sold where, they were manufactured or grown, the type of advertising, whether the applicant was ever convicted of a crime or misdemeanor, a physical description of the applicant, a description of any vehicle used in the business, copies of all printed advertisements, etc. Further, the ordinance provides that an investigation shall be made and that certain standards must be required for issuance of any peddler's license, which provides that a license shall not be granted where there is evidence that the business would pose a substantial threat to the public health, safety, morals or general welfare, where an applicant was convicted of a crime of moral turpitude, where the applicant made a willful misstatement in the application, where the applicant had been guilty of prior violation of ordinances pertaining to itinerant merchants, where the applicant had committed a prior fraudulent act, or where the applicant had a record of continued breaches of contracts. The ordinance goes on to provide for revocation of license, including standards of revocations. Your applicant respectfully suggests that if the perceived fear of spiritual counseling/physic readings is fraud on the public, let the City of Delray Beach pass an ordinance regulating counselors and psychics and refusing to license or revoking the license of any counselor or psychic who engaged in fraudulent acts. Your applicant has conducted an honest business with over 5-1/2 years of activity without any single complaint from a client or other member of the public. Simply stated, your applicant believes the City's use of a zoning ordinance to ban all spiritual counseling/psychic readings harms legitimate, long- standing, existing members of the Delray Beach business community by failing to discriminate between honest business and constitutionally protected speech on the one hand versus perceived fraudulent activities on the other. 7 Relief Requested Petitioner requests this Board determine that spiritual counseling/psychic readings as offered by Shining Through for over 5-1/2 years constitutes a legally acceptable or similar use within the Delray Beach Central Business District. Date: HARDIG PARSONS & PEDERSEN Attorneys for Applicant Northbridge Centre, Suite 1450 515 North Flagler Drive West Palm Beach, Florida 33401 (40~,7). 833-:~844 Debra Dusek-VanTreese Florida Bar No. 0005282 8 s/Al, ¢O~,/NgELING/PSYCHI( It, E^DIN~. IN THE D£LP, AY B£ACH (BI) We, d~: undersigned, request the Delroy Beach l:'lanning and Zoning board to allow splrhual couns¢lin~@sychlc marling withiu the Cenlr.,! Business District. · We suon~ly believe that the spiritual counseling/psychic readin;s otTe~d al J H INIId(~ TH I~O~/~ H, 426 Bast Adantic Avenue, arc sJmil~ to ot~r u~s al~ady allowed in thc · We ~lle~ ~y ~{emp( to wrongly limit spiritual c~n~t[ng/p~ychic r~di.ss st f H I N I N C Tit ROU~ It is nothins mom ~ ~ effo~ to limit ~dom of t~ght, ~b, and religion, · ~ eff~ m lt~l spi~tud cou~lin~psycMc ~dings in thc CBD is an o~cd~ fo ~mel~ p~lems ~t ~d~ by s~cific mgulatJon~ - not through a misgutd~ ~ttemp/lo apply zoning laws lo ~ u~ ~hat is ~nsl~t with other t~ tn ~D. 1. II. A~ress J3. 'l~rl~d l~me 4. 14. Address 15. IMmed N~me '7. B. 9. 19. Add~,s Add~u Addmr, s LETTER IN SVPPORT OF (ONTINVIN¢ SPIRITVAi, (OVNt;ELIN¢/PSY(HIC READING IN THE DELRAY BEA(H (BI) City of Deiray hath Planning and :Toning Board 100 North We, et 1st Avenue Delray Beach, Florida 33444 (S61) 243-7000 · I, the undersigned, as a business/professional person located in the Cent. raJ Business District of Deh'ay Beach, Florida, wish to express my support for the SHININ~ THROV~H BOOK G ~ I FT STO R E in ils efforts to ~n~uue offering splritual counsells~glpsychlc readings on its ptemlses at 42~ 1hat Atlantic Av~nu.. I strongly believe that the spiritual counseling/psychic readings offered at $ H IN IN C; TH ROVG H are sirnila~ Io other uses already allowed in lhe Cemrat Business DisUici. I, also bdieve any attempt to wrongly limit spiritual counselling/psychic readings at $ H I N 1 N G TH ROVG H would result in an effort to limit freedom of thought, speech, and religion. I know SH I N I N(: TH ROVGH to be a well-established and well-respected business in Delray Beach community, ~ well as a thriving business and "anchor store" on Atlantic Avenue, The spiritual counseling/psychic readings which have been held at ~ H I N I N (~ TH RO 1,/(~ H for over five years have never presented problems to the business community or presented any image which was anything other than respectable, professional, and discreet. I believe the effort to limit spiritual counselin~psychJc readings at ~ H I N i N C TH Re ~/G H is an overreaotion to perceived problems with other "psyclti¢ re.ers" m~d tlxat these problems are best addressed by specific regulations- not through a n~lsgulded attempt to apply zoning laws in a use that is consistent with other uses in the Central Business District, Printea Name ........... ausine. Name Business Addr~s ATLANTIC AVENUE BUSINESSES SUPPORTING SHINING THROUGH 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. Thirty-two East Restaurant City Limits Restaurant & Club Old School Bread Co. Goodness Gracious Cafe Printing Plus Devil's Play Fine Art Shared Visions Gallery Casa di Menotti Family Behavioral Center Deiray Cafe George Brewer Architecture Durango's Attic Dakotah 624 Restaurant Boheme Bistro N. Reagan & Company Green Tangerine Gallery Snappy Turtle Doc's All American Mailboxes, Etc. Splendid Biended's Cafe Peter's Stone Crab Stefano's Restaurant Masquerade Cafe Palm Beach Evaluation & Treatment Center Atlantic Businesses Support/page 2 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. Fisher Dental Associates A Victorian Garden Just Hearts Charles Gleason - Otavulio The Hamlin Company Powers Lounge The Mermaid's Purse Sonoma Cafe Gerfalcon Art Galleries Foxy's Ice Cream Quilter's Marketplace A & A Antiques The Coffee Table Gleason St. Cafe Palm Plaza Pizza Frank & Jo's Excellent Adventure Java Bean Junction Center for Health - Dr. Edward Scarlett Salon 777 East Wigs, Etc. Haitian Art Gallery Baobob Suite Cheri Boutique Nutrition Cottage The Yoga Room Shared Visions DOWNTOWN DEVELOPMENT AUTHORITY City Of Delray Beach, Florida IF YOU ARE UNABLE TO ATTEND THIS MEETING PLEASE CALL 279-1380,EXT 15 ; - AGENDA ; DOWNTOWN DEVELOPMENT AUTHORITY WEDNESDAY, SEPTEMBER 16, 1998 CHAMBER OF COMMERCE UPSTAIRS CONFERENCE ROOM o o 9. 10. Call to Order/Roll Call Approval of Agenda- September 16, 1998 ACTION Approval of DDA Minutes of August 19, 1998 ACTION Acceptance of Joint Venture Minutes of July 23, 1998 ACTION Acceptance of Joint Venture Minutes of August 13, 1998 ACTION Approval of Treasurer's Report- August, 1998 ACTION PRESENTATION a. City Report- Paul Dorling NEW BUSINESS · OLD BUSINESS ao f. Fen'er Event Update - Marjorie Ferrer , Update - Direction/Information Signage - Marjorie Ferret Status - November Election/DDA Expansion Update - Transportation for Downtown Christmas Tree -'Marjorie Ferrer Update - Sidewalk Cafes/Alcoholic Permits for Special Events - Marjorie COMMITTEE REPORTS NON-AGENDA ITEMS ADJOURNMENT 64 S.E. Fifth Avenue, Deiray Beach, Florida 33483 · (407) 2~9-1384 · Fax (407) 278-0555 A Florida Main Street Community an apartment building without on-site parking and paying the in-lieu of fee. They felt that if someone wanted to build an apartment building downtown, with no on- site parking for the residences, and pay an in-lieu of fee, and have people park on the streets this was not good. They did not want to set the wrong tone. He asked what would stop them from converting their offices into to a restaurant. Mr. Silberstein: They are not allowed to do this. One of the conditions of this approval' is that it has to remain commercial or retail and cannot become a restaurant use. He feels there is a need for this kind of development downtown and right now there is ample parking in the downtown area. Michael Listick agreedthis is a nice project, but questioned if this will work for the downtown. Chris Brown: The Planning Department of the City is in the process of revamping the in-lieu of fee ordinance, in which the DDA, CRA and others will have a chance to give their input. He views this as a landmark case. We want small in- fill projects and this is a quality project. He would not like to see all of our in-fill sites provide parking. Our downtown could end up being little buildings with lots of parking. The CRA clearly wants to see people pay in-lieu of parking fees, .because they are the agency that requests money from the in-lieu of parking fund to build parking. He agrees with the urban philosophy, that is, to concentrate your parking in a small area, provide deck parking and not spread the asphalt all over the City. Michael Listick: We do not have four people here to officially change our position. However, for the benefit of expressing an opinion we will call the question. We are being asked to change our prior position of suggesting denial based on a parking problem. Should we allow them to do this or stay with our prior position? Tim Onnen: voted to allow the change. Frank Wheat: to allow. Michael Listick~ against. The vote was two to one, to reverse and allow this change. We do not have four members to officially change it but It was voted two to one to make the recommendation to approve the project and reverse our prior suggestion of denial. Officially we can't do it, because we need four members for an action. We do not have enough people present to make it a four member vote. At this time Jon Levinson arrived. Michael Listick asked Mr. Levinson if he remembered this project and the parking question and how he voted. Mr. Levinson stated he voted affirmative, for the project. He does not want to change his vote. Michael Listick: At this time Mr.~Levinson is the fourth member of our quorum. We have a two to one vote to allow this project, which reverses the previous recommendation. For the unofficial consensus we are one member short of a DDA Board, as we are operating with only four members. We have a quorum, but we did not get a new appointee. The vote was three to one to recommend approval of the project and reverse our prior suggestion of denial, but is not official. b. City Report -Amendment to the Land Development Re,qulations Re.qardin,q "Psychic Readin.qs/Fortune Tellin.q", etc., in the Central Business District. Paul Dorlin,q: The Planning and Zoning Board considered this on Monday, _ July 20t~'.and was not able to provide direction, other than general direction, related to "psychic reading" and "fortune tellers". There was initially a request for similarity of use in the CBD and that was opposed by the Planning and Zoning Board who sent it back to staff. They suggested we might add it as an accessory use to book stores, gift shops, music stores and arts and craft stores with some specific provisions with respect to limiting the size of the rooms so that clearly it remains .... (sentence not finished). Specifically, the Planning & Zoning Board turned down Shining Through. Michael Listick: What they are basically suggesting is that psychic readings/fortune telling be in the back of the business, no more than 50 square feet, with no signage and by appointment only, with a separate occupational license from the book store, and be allowed as an accessory use to that book store. Paul Dorlin.q: 'Shining Through may be the party that is arguing the case, but this is not aboui Shining Through. They just happen to be doing this for several years, illegally.I This is about allowing this use in the CBD. The Planning & Zoning Board recommended denial to allow as an accessory use in the CBD at their Monday meeting. Michael Listick: If it is separated from the customer display retail area by a wall, why does it have to be in the rear? He questioned the word "rear". You could say that it shouldn't be visible from the street or has to be separated from the cUstomer display area, but it doesn't have to be in the exact rear. If this is voted on, he would question that particular wording. Paul Dorlin.q: This may be so that you don't have it occupying primary window space and is not construed as an accessory, but a primary use. But this is not the issue here. Michael Listick: The first question is, do we want them even as an accessory use? Paul Dorlinq:. One of the concerns that was brought up at the Planning & Zoning Board meeting is that if you allow this as an accessory use to these types of uses, it may be hard in the future to say, if we have similar use requests, not to allow this in the PC, GC, unrestricted areas or throughout the City. That creates a concern for them. Right now it is permitted in the GC district between 3rd and 4th and 10th, and northbound 3"* and 7"' on Federal Highway. Michael Listick suggested that the language be changed (see Page 2 of the Planning & Zoning Department's memorandum from Paul Dorling), where it states "that the room be located in the rear" to read "that the room be located out of view of the windows and the customer display area", and to take out "in the rear". Where it states "limited to 50 square feet", it should be changed to "limited to the lesser of 20% of the total square footage of the entire business space or 50 square feet, whichever is less. Paul Dorling asked if the Board is endorsing .all these changes. Michael Listick: "If we are going to vote for this, this is the way he would rewrite it. He aske<J if the Board had any problems with the changes he was suggesting. He asked for a vote, provided these recommended changes are made. Motion so moved by Frank Wheat, seconded by Jon Levinson. All in favo.r. Approved. The Board recommended approval, only with these safeguards. .De. lray Beach Marriott. This is a request for site plan modification to allow the construction of a one-story restaurant at the southeast corner of the site adjacent to the Ocean Boulevard/Atlantic Avenue .intersection. The new restaurant is comprised of a 4,900 sq. ft. building, and a 1,000 sq. ft. outdoor dining area. With this proposal the existing penthouse restaurant will be converted to 5 penthouse units and the existing patio/snack bar and tiki hut Mind ,gam,es Is Delray Beach wrongly persecuting new age business owners or is it all in their heads? Michael Stevenson's new age ~ on I)elray Beach's trendy At, tic Avem~ .i~'all about emotional ~ spiritual fltmmeent and lem~i~ to overcon~ whatever ~ torment yOWL But since city off~ials learned ~ weekends in a tiny °ffice in the back of Shin- city's hub.. No Ired feelings, c~ ~ ~ tom ness decision m ouihw ps. hie ami ~ ly-orie~-svmue. yearn jmt om 10k~k e~t of hi~ ~om? Dm~ selling boob o~ ne~ ~e wimiom. "It's the ideals of ~ ~ Coalition v~. free- dom of thoui~ amt n~i~io~ ' Stevenmm i~ ~ ~ through this age store owners are no more legitim~e than snake-oil salesmen. ~ Tlvough's Suzanne shapiro and Michae[ Stevenson fzjht bigolnj. It's become a moral issue, and it truly represents the ideals of the Christian Coalition vs. freedom of thought and religion." - ~ ~ ow,,~ mm~mm se~v~,~.,, l~s in legal fees. The city has more important things to do.' Someone's got to say that.' But so far, Stevenson says city officials have gone out of their way to attack his business and have shown no signs of backing off. He says his bUSiness got sucked into a moral hame in April, during the city's pm, met ev,~t weekend-long patty where artists, mUSicians virtually the same as othem on Atlantic Avenue," Van Tmese told the board in late July. But planning, board members were not swayed, and denied a request to allow psychic readings to be included in the list of approved businesses for the area. But board members did offer a compromise. They told Stevenson to file a request that would allow him to offer psychic counseling as a side venture, as long as it didn't become a main source of his business. As Stevenson waited to pitch his case at the Aug. 20 meeting, city officials quickly psyd~c obsenratiom a~l her mazter's degree in counseling from Florida Atlantic U~ to help her clients deal with traumas they could not overcom~ by ~. She's worked with Brinn Weiss, the now famous Univemi~ of ~ ~r ~ ~ a best-~mlling book about reinca.mation tided Many Live~ Many Masters. restricted from working along Atlantic Avenue, she ~0ed checking with ~orney~ 9 think [city officials] have to see beyond tt~ suppose~ m~e roue [of zo~,~l," she downright male when aaked to exphin why they Jeff Costelio, a city plainer who is working on the ordinances regulating psychics and new age cour~k~ declined comment. But city officials nothing to do ~ spiritual persecution. But despite city officials' protestaQous, God and Christian values are COnstant refrains among business owners who are pushing for "Personally, I'm a God-helieving personi so I don't believe in all of that tarot card B.S.," says Albert Richwagon, whose family h~ owned a bicycle store on the avenue since 1961. "I think it's a scarer That's ~~ ~. ~ ~ for ~ y~ ~ ~ ~ S~n ~ew, the _~ ~ ~ ~ ~ ~ng ~ shut wrote a new ordinance that would b~n chic' readin~ along Atlantic Avenue. To offer the service, he would' have to move his store to a less-traveled commercial area a couple of blocks away. to sl~ a bm i~ t~ boo~ that tumid m~e have the ~ to t~e them to court, tom line is tl~I ha~,e news for'them -- they a comer, I'm ~ to mtal/~. And if force me, I wi~ t~ke them for eve~ pem~y I whit she id wout4~-word, but it tion t~at it was a legal use. We talked Through is l~obably a place La which you mi{hr leMt expect to fmd it," he ~ -years ~go, the dty of Hialeah pied a htw agaimt animal sacri- ptm d ~ law w~s that people in cl~ olik~ st~l~l her sM po~i e~lt Iii I~t did tlla for 18 'I bdiev~ ~ w~ p~s [the aimi' MI back~our~t che~k re~l~onl," I)ehn predicts. 'I don't have aproblem With it because it will keep the scare ar~/out of the axe~" But De]ray Beach, ~o f~r, .won't consider chan~ its o~cupational l~¢ensLaR rule~ on p~y¢l~cs to weed out the Rood from the cdmLaaL In~tead, they ~eem content with usLaR zon~ng regulations, even though they may have to defend that dec~don La court W~¢h makes ButLa and Rivas believe that city officials are me~ely caving La to demands of business leaders and · DUI · Traffic · Do~se Sus~nsions . 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