Ord 03-01ORDINANCE NO. 3-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH BY AMENDING ARTICLE 4.4,
"BASE ZONING DISTRICT", SECTION 4.4.9, "GENERAL
COMMERCIAL (GC) DISTRICT", SUBSECTIONS 4.4.9(B), (C), (D),
AND (G), AND BY AMENDING SECTION 4.4.13, "CENTRAL
BUSINESS (CBD) DISTRICT", SUBSECTIONS 4.4.13(B), (C) AND
(D) WITHIN THE DOWNTOWN DEVELOMENT AUTHORITY AREA
AS MORE PARTICUARLY DESCRIBED HEREIN, BY PLACING A
MORATORIUM ON BUSINESS USES OPENED FOR BUSINESS AT
ANY TIME BETWEEN THE HOURS OF 12:00 A.M. (MIDNIGHT)
AND 5:00 A.M. AND AS FURTHER DEFINED HEREIN, FOR A
PERIOD OF SIX MONTHS FROM THE DATE OF ADOPTION OF
THIS ORDINANCE IN THE GENERAL COMMERCIAL (GC)
DISTRICT AND THE CENTRAL BUSINESS (CBD) DISTRICT
WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY AREA;
PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, business uses as defined herein and operating in the hours between 12:00
a.m. (midnight) and 5:00 a.m. located near residential uses and other business uses have
particular impacts as it relates to noise, parking, littering and public safety; and
WHEREAS, there are existing business uses as defined herein in the Downtown
Development Authority Area that operate between the hours of 12:00 a.m. (midnight) and 5:00
a.m.; and
WHEREAS, redevelopment is a priodty goal in the Downtown Development Authority
Area; and
WHEREAS, to further redevelopment, the City believes that the location of business uses
as herein defined needs study and review; and
WHEREAS, the City needs a period of time to address the issue of whether business uses
as defined herein that operate between the hours of 12:00 a.m. (midnight) and 5:00 a.m. in the
Downtown Development Authority Area is in the best interest of the City and furthers the public
health, safety and welfare of its citizens; and
WHEREAS, the City, by enacting this moratorium on business uses as defined in this
ordinance does not adopt security standards which are preempted to the state by Florida
Statutes Section 812.1725; and
WHEREAS, this zoning ordinance is adopted pursuant to the City's Home Rule Powers as
set forth in Florida Statutes Chapter 166; and
WHEREAS, this ordinance is enacted in compliance with Florida Statutes Section
166.041(c); and
WHEREAS, nothing contained herein is intended to interfere with the operation of
previously established business uses prior to the effective date of this ordinance except if the
present business use extends the hours of operation as provided herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Article 4.4, "Base Zoning District", Section 4.4.9, "General Commercial
(GC) District", Subsections 4.4.9(B), (C), (D) and (G) are hereby amended in the areas located in
the Downtown Development Authority Area, to prohibit the establishment of business uses as
defined in Section 4 for the moratorium period described in Section 5.
Section 2. That Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business
(CBD) District", Subsections 4.4.13(B), (C) and (D) are hereby amended in the areas located in
the Downtown Development Authority Area, to prohibit the establishment of business uses as
defined in Section 4 for the moratorium period described in Section 5.
Section 3.
"A" hereto.
That the Downtown Development Authority Area is described in Attachment
Section 4. That for the purposes of this moratorium ordinance, the term "Business
Use(s)" as used herein is defined as:
Any newly established place of business that is not a hotel or motel or office use or
is not solely or primarily a restaurant or cocktail lounge that is open for business at any
time between the hours of 12:00 a.m. (midnight) and 5:00 a.m. The term "business use"
also includes any existing business use(s) that is not a hotel or motel or office use or is not
solely or primarily a restaurant or cocktail lounge that was not previously open for business
at any time between the hours of 12:00 a.m. (midnight) and 5:00 a.m. that extends its
hours by opening for business at any time between the hours of 12:00 a.m. (midnight) and
5:00 a.m.
2 ORD. NO. 3-01
Section 5. The moratorium provided for herein shall be for a period of six (6) months
from the date of adoption in this ordinance.
Section 6. That should any section or provision of this ordinance, or any portion thereof
or any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part
thereof, other than the part declared to be invalid.
Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby, repealed.
Section 6. That this ordinance shall become effective upon adoption on second and final
reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of <:~'~. ,200,t~.I' .
City Clerk
First Reading //'/~,/'~ /
MAYOR
Second Reading
3 ORD. NO. 3-01
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM /OA ' - REGULAR MEETING OF FEBRUARY 6, 2001
ORDINANCE NO. 3-01 (MORATORIUM ON 24-HOUR BUSINESSES)
FEBRUARY 2, 2001
This is second reading and the second public hearing for Ordinance No. 3-01 which would place a six
month moratorium on 24-hour businesses m the Downtown Development Authority area within the
General Commercial and Central Business (CBD) zoning districts. The proposed moratorium would
prohibit the estabhshment of new businesses having operating hours between 12:00 rmdnight and
5:00 a.m., and would also prohibit existing businesses which do not currently operate during these
hours from extending their operating hours within this time frame. The moratorium will not affect
any existing businesses that currently operate between these hours. Further, Section 4 of the
ordinance provides an exemption for hotels, motels, office uses, restaurants and cocktail lounges.
The Downtown Development Authority's area is primarily along Atlantic Avenue, between 1-95 and
the Atlantic Ocean. The moratorium has been requested by the West Atlantic Redevelopment
Coalition (WARC) to allow time to study the mapacts of 24-hour businesses on adjacent residential
uses, and the redevelopment effort.
The WARC Board, the CRA Board and the Downtown Merchants Association (DMA) Board have all
reviewed the proposed ordinance and recommend approval. The Downtown Merchant and Business
Association considered the revised proposal from "24-hour convenience stores" to "24-hour
businesses" on January 17m and voted unammously to recommend approval. The Downtown
Development Authority considered the revised ordinance also on January 17th and voted unanimously
to recommend approval. The Planning and Zoning Board reconsidered the moratorium for 24-hour
businesses on January 22"d and voted unammously to recommend approval.
At first reading on January 162, the City Commission passed the ordinance by a vote of 4 to 1, with
Commissioner Perlman dissenting.
Recommend approval of Ordinance No. 3-01 on second and final reading.
Ref'Agmemol 4.Ord3-01.Moratonum.24-Hour Businesses
ORDINANCE NO. 3-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH BY AMENDING ARTICLE 4.4,
"BASE ZONING DISTRICT", SECTION 4.4.9, "GENERAL
COMMERCIAL (GC) DISTRICT", SUBSECTIONS 4.4.9(B), (C), (D),
AND (G), AND BY AMENDING SECTION 4.4.13, "CENTRAL
BUSINESS (CBD) DISTRICT", SUBSECTIONS 4.4.13(B), (C) AND
(D) WITHIN THE DOWNTOWN DEVELOMENT AUTHORITY AREA
AS MORE PARTICUARLY DESCRIBED HEREIN, BY PLACING A
MORATORIUM ON BUSINESS USES OPENED FOR BUSINESS AT
ANY TIME BETWEEN THE HOURS OF 12:00 A.M. (MIDNIGHT)
AND 5:00 A.M. AND AS FURTHER DEFINED HEREIN, FOR A
PERIOD OF SIX MONTHS FROM THE DATE OF ADOPTION OF
THIS ORDINANCE IN THE GENERAL COMMERCIAL (GC)
DISTRICT AND THE' CENTRAL BUSINESS (CBD) DISTRICT
WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY AREA;
PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, business uses as defined herein and operating in the hours between 12:00
a.m. (midnight) and 5:00 a.m. located near residential uses and other business uses have
particular impacts as it relates to noise, parking, littering and public safety; and
WHEREAS, there are existing business uses as defined herein in the Downtown
Development Authority Area that operate between the hours of 12:00 a.m. (midnight) and 5:00
a.m.; and
WHEREAS, redevelopment is a priority goat in the Downtown Development Authority
Area; and
WHEREAS, to further redevelopment, the City believes that the location of business uses
as herein defined needs study and review; and
WHEREAS, the City needs a period of time to address the issue of whether business uses
as defined herein that operate between the hours of 12:00 a.m. (midnight) and 5:00 a.m. in the
Downtown Development Authority Area is in the best interest of the City and furthers the public
health, safety and welfare of its citizens; and
WHEREAS, the City, by enacting this moratorium on business uses as defined in this
ordinance does not adopt security standards which are preempted to the state by Florida
Statutes Section 812.1725; and
WHEREAS, this zoning ordinance is adopted pursuant to the City's Home Rule Powers as
set forth in Florida Statutes Chapter 166; and
WHEREAS, this ordinance is enacted in compliance with Florida Statutes Section
166.041(c); and
WHEREAS, nothing contained herein is intended to interfere with the operation of
previously established business uses prior to the effective date of this ordinance except if the
present business use extends the hours of operation as provided herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Article 4.4, "Base Zoning District", Section 4.4.9, "General Commercial
(GC) District", Subsections 4.4.9(B), (C), (D) and (G) are hereby amended in the areas located in
the Downtown Development Authority Area, to prohibit the establishment of business uses as
defined in Section 4 for the moratorium period described in Section 5.
Section 2. That Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business
(CBD) District", Subsections 4.4.13(B), (C) and (D) are hereby amended in the areas located in
the Downtown Development Authority Area, to prohibit the establishment of business uses as
defined in Section 4 for the moratorium period described in Section 5.
Section 3.
"A" hereto.
That the Downtown Development Authority Area is described in Attachment
Section 4. That for the purposes of this moratorium ordinance, the term "Business
Use(s)" as used herein is defined as:
Any newly established place of business that is not a hotel or motel or office use or
is not solely or primarily a restaurant or cocktail lounge that is open for business at any
time between the hours of 12:00 a.m. (midnight) and 5:00 a.m. The term "business use"
also includes any existing business use(s) that is not a hotel or motel or office use or is not
solely or primarily a restaurant or cocktail lounge that was not previously open for business
at any time between the hours of 12:00 a.m. (midnight) and 5:00 a.m. that extends its
hours by opening for business at any time between the hours of 12:00 a.m. (midnight) and
5:00 a.m.
2 ORD. NO. 3-01
oo
Section 5. The moratorium provided for herein shall be for a period of six (6) months
from the date of adoption in this ordinance.
Section 6. That should any section or provision of this ordinance, or any portion thereof,
or any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part
thereof, other than the part declared to be invalid.
Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby, repealed.
Section 6. That this ordinance shall become effective upon adoption on second and final
reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2000.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
3 ORD. NO. 3-01
.. ATTACHHENT "A"
<C
DOWNTOWN DEVELOPMENT AUTHORITY
City Of Delray Beach, Florida
January 22,2001
Mr. David T. Harden, City Manager
City of Delray Beach
100 N.W. lSf Avenue
Delray Beach, FL 33444
Re: Moratorium on 24 Hour Businesses in the Downtown Development Authority
Area within the General Commercial and Central Business District.
Dear Mr. Harden:
This is to inform you that the Downtown Development Authority at their Board meeting
of January 17, 2001, voted unanimously to recommend approval of the above subject
ordinance
Thank you for your consideration of this proposed ordinance.
Sincerely,
FRANK WHEAT, Chairman
cc:
Robert A. Barcinski
Paul Dorling
64-A S.E. Fifth Avenue, Delray Beach, Florida 33483 · (561) 278-0424 · Fax (561) 278-0555
A Florida Main Street Community
January 22,2001
Mr. David T. Harden, City Manager
City of Delray Beach
100 N.W. 1 st Avenue
Delray Beach, FL 33444
Re: MORATORIUM ON 24-HOUR BUSINESSES IN THE DOWNTOWN
DEVELOPMENT AUTHORITY AREA WITHIN THE GENERAL COMMERCIAL
AND CENTRAL BUSINESS DISTRICT
Dear Mr. Harden.
The Downtown Merchant and Business Association at their Board meeting of January
17, 2001 recommended approval for the above captioned subject. Board Member
Nancy Liede moved that we support the moratorium on business uses, as presented to
our members this date by Paul Dorling, Planning and Zoning Director. This motion was
seconded by Rich McGIoin. All members were in favor. Recommendation was approved
unanimously.
Thank you for your consideration of this proposed ordinance.
Sincerely,
DAVID COOK, Chairman
/sk
cc: Robert A. Barcinski
Paul Doding
DELRAY BEACH JOINT VENTURE · Commumty Redevelopment Agency · Delray Beach Chamber of Commerce · Downtown Development Authority
64 S.E F~fth Avenue, Delray Beach, FL 33483 · Tel 561-279-1384 · 561-278-0555
DELRAY BEACH
December 4, 2000
David T, Harden
City Manager
100 NW 1 a Avenue
Deiray Beach, Florida 33444
RE:
Moratorium on New 24-hour Retail Convenience Stores--West Atlantic Avenue
Redevelopment Area
Dear David,
On Thursday, November 30, 2000, the CRA held a joint workshop with the West Atlantic
Redevelopment Coalition and the Downtown Development Authority, primarily for the purpose
of discussing problems that have been experienced with the 24-hour convenience stores on
West Atlantic Avenue. Thb boards heard from police captain Will McCollom regarding cdminal
activity that is occurring at or near these stores in the late hours, and discussed the impact that
these activities have had on nearby residents. Board members expressed concern over the
potential that at least one more market on the avenue may change to a 24-hour format in the
near future. The boards discussed the idea of the City enacting a 6-month moratorium on the
establishment of any new 24-hour retail convenience stores, in order to altow sufficient time for
the problem to be analyzed and addressed.
Due to the fact that this discussion took place at a workshop, no formal action could be taken.
However. it was clear that the overwhelming consensus of the members present was to urge
the City Commission to adopt such a moratorium as soon as possible. The members realize
that a moratbrium is a serious measure that is not to be taken lightly, however, they felt that the
continuing negative impact of these establishments warrant this action. The boards intend to
follow up on their discussion with formal action at their next meetings.
Thank you for your consideration of this request. Please advise me if there is anything that we
can do to assist in this matter.
Sincerely,
Diane Dominguez, AICP
Executive Director
c David Schmidt, Mayor
John Weaver, Chairman, CRA
Lamar Shuler, Chairman, WARC
Frank Wheat, Chairman, DDA
Susan Ruby, City Attorney
24 Nocth Swmton Avenue, l~lray Beach, 1--'londa 33444
561-276-g640 · Fax 561-276-8558
RESOLUTION 2000-
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF DELRAY BEACH RECOMMENDING TO THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH THE ADOPTION OF A TEMPORARY
MORATORIUM PROHIBITING THE ESTABLISHMENT C~F 24-HOUR
BUSINESSES ON WEST ATLANTIC AVENUE; TO AFFORD AN
OPPORTUNITY TO STUDY POTENTIAL FOR LONG-TERM SOLUTION.
WITNESSETH'
WHEREAS, the City of Delray Beach Police Department together with citizens within the
West Atlantic Avenue redevelopment area have presented to the Community Redevelopment
Agency of the City of Delray Beach (the "CRA") a request to support a community request to the
City Commission of the City of Delray Beach to adept a temporary moratorium prohibiting the
establishment of additional 24-hour businesses on West Atlantic Avenue in order to allow an
adequate opportunity to study the alternatives for a permanent solution to the disruption to
surrounding neighborhoods caused by such businesses
NOW, THEREFORE, BE IT RESOLVED THAT:
The CRA, in furtherance of its efforts to redevelop the West Atlantic Avenue
area, eliminate slum and blight, and preserve and supplement the tax base within its area, hereby
requests the City of Delray Beach City Commission to adopt a temporary moratorium prohibiting
the opening of additional 24-hour businesses on West Atlantic Avenue in order to afford an
opportunity for the City of Delray Beach and all related parties to study and pursue alternatives for
a long-term solution to the problems and negative influences such businesses are presenting
within such area.
RESOLVED this 14? day of December, 2000, by a vote of .. ~ to_~.
DELRAY/I~ACH COMMUNITY
REDEVE~LORI~:_.NT AGENCY
By: ~
15
O0 O 1:
DELRAY BEACH
December 15, 2000
Mr. David Harden
City Manager
100 NW 1 ~ Avenue
Delray Beach, FL 33444
RE: Moratorium on New 24-hour Retail Stores - West Atlantic Avenue
Redevelopment Area
Dear Mr. Harden,
The West Atlantic Redevelopment Coalition, Inc. at its most recent meeting, Wednesday,
December 13, 2000, voted to support a six month moratorium on 24 hour businesses.
The local business people are committed to the rerleveiopment oI tins area and recognize
the time and planning effort needed to make long term improvements.
Many community members have expressed their dismay over the criminal activities that
take place ia the vicinity of some of these establishments. The joint meeting of the
CRA/WARC/DDA allowed a review of the impediments to redevelopment on Atlantic
Ave. Board members have expressed concern over the potential that at least one more
market may change to a 24 hour format in the near future
The WARC Board feels that a six month moratorium may allow enough time to
sufficiently review and analyze the problem, thereby developing a long term solution
Board members understand the seriousness of the moratorium and hope this will aid in the
redevelopment of the West Atlantic Avenue Corridor
West Atlantic Coordinator
CC
David Schmidt, Mayor
Lamar Shuler, Chairman, WARC
John Weaver, Chainrtan, CRA
Frank Wheat, Chairman, DDA
Susan Ruby, City Attorney
24 North Swmton Avenue ' Dclray Beach, Florida 334~
561-276-8640 · Fax 561-276-8558
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--- EXPANDED D. D. A.
Beginning at a point on the intersection of the High Water Mark of the
Atlantic Ocean and the easterly projection of the north line of the south half
of Lot 13, Plat of the Fractional East Half Section 16, Township 46 South,
Range 43 East (according to the plat thereof as recorded in Plat Book 1,
page 25 of the Public Records of Palm Beach County, Florida); thence in
a westerly direction along said easterly projection, and the north line of the
south half of said Lot 13, and the westerly projection thereof, to the
centerline of the right of way for Andrews Avenue; thence southerly along
said centerline to the easterly projection of the south property line of the
Beach Cabanas Condominium Condo; thence westerly along said easterly
proiection, and said south property line to the west property line of the
Beach Cabanas Condominium; thence northerly along the west property
line of said Beach Cabanas Condominium to the south property line of the
Grove Condominium; thence westerly along said south property line to the
east plat limit of Seabreeze Park Subdivision (according to the plat thereof
as recorded in Plat Book 4, Page 31 of the Public Records of Palm Beach
County, Florida); thence north along said east plat limit to the northeast
corner of Lot 21, of said Plat of Seabreeze Park; thence westerly along the
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north line of said Lot 21 and the westerly projection thereof to the west plat
limit of Seabreeze Park; thence southerly along said west plat limit to the
southeast corner of Lot 29, Lowry Park Estates (according to the plat
thereof as recorded in Plat Book 24, Page
Palm Beach County, Florida); thence in a
156 of the Public Records of
northwesterly direction to the
southwest corner of said Lot 29; thence continuing along the extension of
said line to the intersection with the west right of way line of East Road (as
shown on the said plat of Lowry Park Estates); thence southwesterly along
said west right of way line to the northeast corner of Barr Terrace
Condominium Condo; thence southerly along the east property line of the
Barr Terrace Condominium Condo and the southerly extension thereof to a
point of intersection with the south right of way line of East Atlantic Avenue
(also known as State Road 806); thence westerly along said south right of
way line of East Atlantic Avenue to the intersection of the centerline of the
Intracoastal Waterway right of way; thence northerly along said centerline
of the Intracoastal Waterway to the intersection with the easterly projection
of the centerline of N.E. 1st Street right of way; thence westerly along said
easterly projection, a. nd eCthe centerline of N.E. 1st ! Ith Street right of way
to a point of intersection with the southerly projection of the west line of Lot
20, Block 115, Town of Linton (according to the plat thereof as recorded in
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Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida);
thence northerly along said southerly projection of the west line of said Lot
20 to the southwest corner of said Lot 20; thence northerly along the west
lot lines of Lots 20, 19, 18, 17, 16, 15, 14, 13, 12, and 11 of said Block 115
to the northwest corner of Lot 11, of said Block 115; thence northerly along
the northern projection of the west line of said Lot 11 to the southwest
corner of Lot 20, Block 114, said plat of the Town of Linton f~ ,...,. .,4 ;.,,. ,,-,
,~,,. ,.,,~, ,~,-.r..,.,~ -~ .,.,.,..,4.-.,4 ;,. D~.., Book ! D..,... -~ ,.,~ the
of,c~""..,,., ,~..,.,....~'-""~', r-,., ,.,,,,........, ,.j, ,~'--I'~'..., ,...,..,, thence northerly along the west line of
Lots 20, 19, 18, 17, 16, 15, 14, 13, 12and Lot 11 of said Block 114, tothe
northwest corner of Lot 11, of said Block 114; thence northerly along the
northern projection of the west line of said Lot 11 to the southwest corner
of Lot 14, Block 113, Highland Park (according to the plat thereof as
recorded in Plat Book 2, Page 79 of the Public Records of Palm Beach,
Florida); thence northerly along the west line of Lots 14, 13, 12, 11, 10, 9,
8, 7, 6, 5, 4, 3, 2, and I of said Block 113 to the northwest corner of Lot 1,
of said Block 113; thence northerly along the northern projection of the
west line of said Lot 1 to the intersection with the centerline of the right of
way of N.E. 4th Street; thence westerly along said centerline of N.E. 4th
Street to the centerline of the right of way of N.F:. 1st Avenue; thence
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southerly along said centerline of N.E. 1st Avenue to the intersection with
the centerline of the right of way of N.E. 3rd Street; thence easterly along
said centerline of N.E. 3rd Street to the intersection of the northern
projection of the east property line of Lot 1, Block 74, plat of the
Subdivision of Block 74 (accordinq to the plat thereof as recorded in Plat
Book 11, Page 12 of the Public Records of Palm Beach, Florida); thence
southerly along said projection, to the northeast corner of Lot I of said pi.at
of the Subdivision of Block 74; 7 thence southerly along the east line of
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12, and the southerly projection of
the east line of Lot 12 of said plat of the Subdivision of Block 74 to the
northeast corner of Lot 1, Block 75, said plat of the Town of Linton; thence
southerly along the east line of Lots 1, 2, 3, 4, 5, and 6, said Block 75, to
the northeast corner of Lot 7 of said Block 75; thence westerly along the
north line of Lot 7, Block 75 and the westerly projection of said north line of
Lot 7, Block 75, to the centerline of the N.E. 1st Avenue right of way;
thence southerly along said centerline of N.E. 1st Avenue right of way to its
intersection with the centerline of N.E. 1st Street; thence westerly along
said centerline of N.E. 1st Street to the intersection with the centerline of
the Swinton Avenue right of way and N.W. 1st Street; thence in a
westerly direction alonq the centerline of N.W. 1st Street to a point of
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intersection with the centerline of N.W. 3rd Avenue; thence in a
southerly direction aloncl the centerline of N.W. 3rd Avenue to a point
of intersection with the easterly extension of the north lot line of Lot
6, Revised PI.at of Block 36, Plat Book 5, PaRe 38, as recorded in the
public records of Palm Beach County, Florida; thence in an westerly
direction alon.q said extension, and the north line of said Lot 6, and
the westerly extension thereof, to a. point of intersection with the
centerline of the north/south alley of said Revised Plat of Block 36;
thence in a northerly direction alonq said centerline to a point of
intersection with the easterly extension of the south line of Lot 21, of
said Revised Plat of Block 36: thence in a westerly direction alonq
said extension line, and the south line of said Lot 21, and the westerly
extension thereof, to a point of intersection with the centerline of
N.W. 4th Avenue; thence in a northerly direction alonR said centerline
to a point of intersection with the centerline of N.W. 1st Street;
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thence in a westerly direction alonq the centerline of N.W. 1st Street
to a poi. nt of intersection with the southerly extension of the
centerline of the north-south alley of Block 27, said plat of the Town
of Linton (north half of block has since been replatted to the Plat of
Resubdivision of Block 27, Plat Book 21, pare 43, as. re.corded in the
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Public records of Palm Beach County, Florida); thence in a northerly
direction alonq said extension line, and said centerline of the north-
south alley, and the northerly extension of said centerline to .point of
intersection with the centerline of N.W. 2nd Street; thence in a
westerly direction alon.q the centerline of N.W. 2nd Street to a point of
intersection with the northerly extension of the west line of Lot 1, Plat
of Melvin S. Burd Subdivision. Plat Book 11, Pa.qe 73, as recorded in
the public records of Palm Beach County, Florida; thence in a
southerly direction alonq said extension, and west lot lines of Lots 1,
2, 3, 4, 5, 6, 7, and 8,. said Plat of.Melvin S. Burd ..Subdivision, to a
point at the south west corner of said lot 8; thence in a westerly
direction along the westerly extension of the south line of said Lot 8,
and the south line of Lot 16, said Plat of Melvin S. Burd Subd!vision,
to a point of intersection of a line 135 feet east of and parallel with,
the west line of Block 19, said plat of the Town of Linton; thence in a
southerly direction alonR said parallel line to a point of intersection
with a line 135 feet north of and parallel with, the south line of said
Block 19; thence in a westerly direction alonq said line to a point of
intersection with a line 165 feet west of and parallel with, the east line
of said Block 19; thence in a southerly direction alonq said line, and
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southerly extension thereof, to a point of intersection with the
centerline of N.W. 1st Street: thence in a easterly direction alonq said
centerline to the point of intersection with the northerly extension of a
line 135 feet east of and parallel with, the west line of Block 20, said
plat of the Town of Linton; thence in a southerly direction aloncl said
extension and parallel line to a point of intersection with a line 300
feet south of and parallel with, the north line of said Block 20; thence
in westerly direction along said parallel line to a point of intersection
with the west line of said Block 20; thence in a westerly direction to a
point at the southeast corner of Lot 17, Block 12, of the Plat of the
Monroe Subdivision, Plat Book 14, Page 67, as recorded in the public
records of Palm Beach County, Florida; thence in westerly direction
along the south line of said Lot 17, and westerly extension thereof, to
a point of intersection with the centerline of the north-south alley of
said Block 12, Monroe Subdivision; thence in a northerly direction
alon¢l said centerline to a point of intersection with the easterly
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extension of the north line of Lot 26, of said Block 12, Monroe
Subdivision; thence in a westerly direction alonq said extension, and
north line of said Lot 26, and westerly extension thereof, to a point of
intersection with the centerline of N.W. 7th Avenue; thence in a
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southerly direction alonq said centerline to a point of intersection
with the easterly extension, of the south line of Lot 17, Block 4, said
Plat of Monroe Subdivision; thence in a westerly direction alonq said
extension, and the south line of said Lot 17, and the westerly
extension thereof, and the south line of Lot 26 and 25, Block 4, said
Plat of Monroe Subdivision. and the westerly extension of said Lot 25
to a point of intersection with the centerline of N.W. 8th Avenue;
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thence in a northerly direction alonq said centerline to a point of
intersection with the easterly extension of the south line of the Plat of
West Side Heiqhts, Plat Book 13, PaRe 61, as recorded in the public
records of Palm Beach County, Florida; thence in an westerly
direction alonq said extension, and the south line of said Plat of West
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Side Heights, and the westerly extension thereof, to a point of
intersection with the centerline of N.W. 10th Avenue; thence in a
southerly direction alonq said centerline to a point of intersection
with the easterly extension of the north line of Lot 11, Block 2, Plat of
Atlantic Pines, Plat Book 13, Page 77. as recorded in the public
records of Palm Beach County, Florida; thence in a westerly direction
alonq said extension, and the north line of said Lot 11, and the
westerly extension of the north line of said Lot 11, and the north line
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of Lot 30, of said Block 2, and the westerly extension of the north line
of Lot 30 to a point of intersection with the centerline of N.W. 11th
Avenue; thence in an westerly direction to a point at the northeast
corner of Lot 14, Block 1, said Plat of Atlantic Pines; thence in a
westerly direction alonq the north line of said Lot 14, and the westerly
extension thereof to a point of intersection with the centerline of the
north-south alley in Block 1, said Plat of Atlantic Pines; thence in a
southerly direction alonq said centerline to a point of intersection
with the easterly extension of the north line of Lot 34, of said Block 1;
thence in a westerly direction alonq said extension, and the north line
of said Lot 34, and the westerly extension thereof, to a point of
intersection with the centerline of N.W. 12th Avenue; thence in a
southerly direction along said centerline to a point of intersection
with the easterly extension of the south line of Lot 21, Block 1, Plat of
Atlantic Park Gardens, Plat Book 14, Pa.qe 56, as recorded in the
public records of Palm Beach County, Florida; thence in a westerly
direction alonq said extension, and south line of said Lot 21, and
westerly extension thereof, and the south line of Lot 12, Block 1, said
Plat of Atlantic Park Gardens, and the westerly extension thereof, to a
point of intersection with centerline of N.W. 13th Avenue; thence in a
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westerly direction to a point at the southeast corner of Lot 12, Block
1, Plat of Odmanns Subdivision, Plat Book 4, Page 53, as recorded in
the public records of Palm Beach County, Florida; thence in a
westerly direction alonq the south line of said Lot 12, and the
westerly extension thereof, and the south line of Lot 21, Block 1, said
Plat of Odmanns Subdivision, to a point at the southwest corner of
said Lot 21; thence in a southerly direction to a point at the
northwest corner of Lot 21, Block 4, said Plat of Odmanns
Subdivision; thence in a easterly direction alonq the north line of
said Lot 21, and the easterly extension thereof, and the north line of
Lot 12, said Block 4, and the easterly extension thereof, to a point of
intersection with the centerline of S.W. 13th Avenue; thence in a
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easterly direction to a point at the northwest corner of Lot 12, Block 2,
said Plat of Atlantic Park Gardens; thence in a easterly direction
along the north line of said Lot 12, and the easterly extension thereof,
and the north line of Lot 21, of said Block 2, and the easterly
extension thereof, to a point of intersection with the centerline of S.W.
12th Avenue; thence in a southerly direction alonq said centerline to
a point of intersection with the westerly extension of the south line of
Lot 13, Block 5, Plat of Atlantic Gardens, Plat Book 14, Page 63, a-~
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recorded in the public records of Palm Beach County, Florida; thence
in a easterly direction alonq said extension, and the south line of said
Lot 13, and easterly extension thereof, and the south line of Lot 22,
and the easterly extension thereof, to .a point of intersection with
centerline of S.W. 11th Avenue; thence in a southerly direction alonq
said centerline to a point of intersection with the westerly extension
of the south line of Lot 15, Block 8, said Plat of Atlantic Gardens;
thence in a easterly direction alonq said extension, and the south line
of said Lot 15, and the easterly extension thereof, and the south line
of Lot 24, of said Block 8, and the easterly extension thereof, to a
point of intersection with the centerline of S.W. 10th Avenue; thence
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in a easterly direction to a point at the southwest corner of Lot 10,
Block 1, Plat of Belair Heights, Plat Book 20, Page 45, as recorded in
the public records of Palm Beach County, ..Florida; thence in a
easterly direction along the south line of said Lot 10, and the easterly
extension thereof, and the south line of Lot 19, of said Block. 1, and
the easterly extension thereof, to a point of intersection with the
centerline of $.W. 9th Avenue; thence in a southerly direction alonq
said centerline to a point of intersection with the westerly extension
of the south line of Lot 6, Block 2, said Plat of Belair Heiqhts; thence
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in a easterly direction alonq said extension, and the south line of said
Lot 6, to a point at the southeast corner of said Lot 6; thence in a
northerly direction alonq the east line of said Lot 6, and Lot 5, to a
point of intersection with a line 250 feet north of, and parallel with, the
south line of Lot 9, Plat of the Subdivision of 17-46-43, Plat Book 1,
Page 4, as recorded in the public records of Palm Beach County,
Florida; thence in a easterly direction alonq said line to a point of
intersection with the centerline of S.W. 8th Avenue; thence in a
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southerly direction alonq said centerline to a point of intersection
with the westerly extension of the south line of Lot 16, Block 5, Plat of
the Subdivision of Block 5, Plat Book 21, Page 43, as recorded in the
public records of Palm Beach County, Florida; thence in a easterly
direction alonq said extension, and the south line of Lot 16 and Lot
25, of said Block 5, and the easterly extension of the south line of said
Lot 25, to a point of intersection with the centerline of S.W. 7th
Avenue; thence in a easterly direction to the point of intersection of a
line 385 feet south of, and parallel with, the north line Block 13, said
Plat of the Town of Linton, and the west line of said Block 13; thence
in a easterly direction along said parallel line to a point of intersection
with a line 135 west of, and parallel with, the east line of said Block
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13; thence in a northerly direction alonq the directly aforementioned
)arallel line to a point of intersection with a line 250 feet north of, and
parallel with, the south line of said Block 13; thence in a easterly
direction alonq the directly aforementioned parallel line to a point of
intersection with the centerline of S.W. 6th Avenue; thence in a
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northerly direction alonq said centerline to a point of intersection with
a line 290 north of, and parallel with, the south line of Block 21, said
Plat of the Town of Linton; thence in a .easterly direction alonq said
parallel line to a point of intersection with a line 135 feet east of, and
parallel with, the west line of said Block 21; thence in a southerly
direction alonq directly aforementioned parallel line to a point of
intersection with the centerline of S.W. 1st Street; thence in a
easterly direction alonq said centerline to a point of intersection with
the southerly extension of the west line of Lot 27, Block 29, Plat of the
Resubdivision of Blocks 29 & 37, Plat Book 9, Page 66, as recorded in
the public records of Palm Beach County, Florida; thence in a
northerly direction alonq said extension, and the west line of Lots 27,
26, 25, 24, 23, 22, 21, 20, 19, 18. 17, 16, 15, 14 (all in said Block 29), to
a point at the northwest corner of said Lot 14; thence in a easterly
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direction alonq the north line of said Lot 14, and easterly extension
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thereof, to a point of intersection with the centerline of S.W. 4th
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Avenue; thence in a southerly direction alonq said centerline to a
point of intersection with the centerline of S.W. 1st Street; thence in a
easterly direction alonq the centerline of S.W. 1st Street to a point of
intersection with the centerline of S,W. 3rd Avenue; thence in a
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southerly direction alonq the centerline of S.W. 3rd Avenue to a point
of intersection with the westerly extension of the south line of the Plat
of Palm Beach County South County Judicial Center, Plat Book 60,
Pa.qe 124, as recorded in the public records of the Palm Beach
County, Florida; thence in a easterly direction alonq said extension,
and the south line of said Plat of Palm Beach County South County
Judicial Center, and easterly extension thereof, to
intersection with the centerline of S.W. 2nd Avenue;
a point of
thence in a
northerly direction aloncl said centerline to a point of intersection with
the centerline of S.W. 1st Street; thence in a easterly direction alonq
the centerline of S.W. 1st Street to a point of intersection with the
centerline of S.W. 1st Avenue; thence in a northerly direction alonq
the centerline of S.W. 1st Avenue to a point of intersection westerly
extension of the of the south line of Lot 1. Block 61, said Plat of the
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Town of Linton; thence in a easterly direction alonq said extension,
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3OO
and the south line of Lots 1, 2, 3, 4, said Block 61, and the, easterly
extension of said Lot 4, to a point of intersection with the centerline
of Swinton Avenue: thence southerly along said centerline of Swinton
Avenue to its intersection with the westerly projection of the north line of
Lot 7, plat of the Subdivision of Block 69, Plat Book 2,.. Pa.qe 43, as
recorded in the public records of Palm Beach County, Flodda; thence
easterly along said westerly projection to the northwest corner of said Lot 7
~.,.....,.~"'"'~' ~a......, T thence east along the north line of said Lot 7, ~.,._...,.~""~' ~.,-.,~a to the
northeast corner of said Lot 7, Block 69; thence easterly along the westerly
projection of the north line of Lot 24, said plat of the Subdivision of Block
69, to the northwest corner of said Lot 24, Block 69; thence easterly along
the north line of said Lot 24,--B4eC, Ce~, to the northeast corner of said Lot
24; thence easterly along the eastern projection of the north line of said Lot
24,--B4eek-8~, to the intersection with the centerline of the right of way of
S.E.N.F. 1st Avenue; thence southerly along said centerline of S.E.N.E.
1st Avenue to the intersection with the centerline of the right of way of S.E.
2nd Street; thence easterly along said centerline of S.E. 2nd Street to the
intersection of the northerly projection of the west line of Lot 2, Roebucks
Resubdivision of Block 103 (according to the plat thereof as recorded in
Plat Book 2, page 19 of the Public Records of Palm Beach County,
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Florida); thence southerly along said t4~e northerly projection of the sak~
west line of said Lot 2 to the northwest corner of said Lot 2; thence
southerly along the west line of Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, and 12 of said
Roebucks Resubdivision of Block 103 to the southwest corner of said Lot
12; thence southerly along the south projection of the west line of said Lot
12 to the intersection with the centerline of the right of way of S.E. 3rd
Street; thence easterly along said centerline of S.E. 3rd Street to the
southerly projection of the west line of Lot 13, Gracey-Byrd Subdivision of
Block 119 (according to the plat thereof as recorded in Plat Book 10, Page
52 of the Public Records of Palm Beach County, Florida); thence northerly
along said southerly projection of said Lot 13 to the southwest corner of
said Lot 13; thence northerly along the west lot line of Lots 13, 14, 15, 16,
17, 18, 19, 20, 21, 22, 23, and 24, of said plat of Gracey-Byrd Subdivision
to the northwest corner of Lot 24, of said Gracey-Byrd Subdivision; thence
northerly along the northern projection of the west line of said Lot 24 to the
southwest corner of Lot 12, subdivision of Block 118 (according to the plat
thereof as recorded in Plat Book 2, Page 8 of the Public Records of Palm
Beach County, Florida); thence northerly along the west lines of Lots 12,
11, 10, 9, 8, 7, 6, 5, 4, 3, 2, and 1, of said subdivision of Block 118 to the
northwest corner of Lot 1 of said subdivision of Block 118; thence northerly
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along the northern projection of the west line of said Lot I to the southwest
corner of Lot 24, Block 117, said plat of the Town of Linton
the "~"* thereof ..6 .,.,....,~..,~ ~., D~.* ~,...~. ! D.-~.-. 3
"~..r Palm ~"'~"~..-....,, r-,.,,.,,,,......~,,.j, ~"";'~"~', ,..,,....,, thence northerly along the west line of
Lots 24, 23, 22, 21, 20, and 19 of said Block 117, to the southwest corner
of Lot 18 of said Block 117; thence easterly along the south no~h line of
said Lot 18, and easterly projection thereof, to the east right of way line of
S.E. 7th Avenue; thence northerly along the east right of way line of S.E.
7th Avenue to the northwest seut~we~ corner of Lot 12, Palm Square, an
unrecorded plat located in Block 125 and the north half of Block 133, said
plat of the Town of Linton ~'-""~--~;-'- *'- *~'~ plat *~'-'-~"¢
~,.,,.d. 4 D.-,,..,~ "4 ,-,~ +h~ D,,k~;,.-, ~,.,,-,,-,,-,4~, ,..,.¢ Palm ~,-,.~,-,h ~'.-,,,,-,,,,
thence easterly along the north south lot lines of Lots 12, 43, 59, and 90 of
said unrecorded plat of Palm Square, and easterly proiection of the north
line of said lot 90, to the point of intersection with the east right of way line
of the Intracoastal Waterway; thence southerly along the east right of way
line of the Intracoastal Waterway to the southwest corner of the Waterway
East Commercial Condominium Condo property; thence easterly along the
south line of said property and a~ easterly extension thereof to the
southwest corner of Lot A, John B. Reid's Village Subdivision (according to
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the plat thereof as recorded in Plat Book 21, Page 95 of the Public
Records of Palm Beach County, Florida); thence easterly along the south
line of said Lot A, to a point on the southeast corner of said Lot A; thence
in a northerly direction along the west line of Lot 7, Block C of said plat of
John B. Reid's Village Subdivision to the northwest corner of said Lot 7;
thence easterly along the north line of said Lot 7, to the northeast corner of
said Lot 7; thence southerly along the east line of said Lot 7 to the
southeast seut-l=wve~ corner of said Lot 7; thence in an easterly direction
~!cng the '~*'--~" '--"~"+~'-" '-~ *~'- ~.., ,+h ~......~ ~.4 Lot 7 to the southwest
corner of Lot 8, Block 4, Ocean Park Subdivision, (accordinq to the plat
thereof as recorded in Plat Book 5, Pa,qe 15 of the Public Records of Palm
Beach County, Florida); thence easterly along the south line of said Lot 8
to the southeast seu-tCcwe~ corner of said Lot 8; thence in a northerly
direction along the east line of Lots 8, 7, and 6, to the northeast corner of
said Lot 6 (being in Block 4, Ocean Park Subdivision, as recorded in Plat
Book 5, Page 15 of the Public Records of Palm Beach County, Florida);
thence easterly to the southwest corner of Lot 8, Block 3 of said Ocean
Park Subdivision; thence easterly along the south line of said Lot 8 to the
southeast corner of said Lot 8; thence northerly along the east line of said
Lot 8 and Lot 7 to the northwest corner of Lot 24, Block 3 of said Ocean
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Park Subdivision; thence easterly along the north line of said Lot 24, to the
northeast corner of said Lot 24; thence easterly to the northwest corner of
Lot 7, Block 2, of said Ocean Park Subdivision; thence in an easterly
direction along the north line of Lots 7 and 24, Block 2, of said Ocean Park
Subdivision, to the northeast corner of said Lot 24; thence easterly to the
northwest corner of Lot 16, Block 1, of said Ocean Park Subdivision;
thence easterly along the-north line of Lots 16 and 2, Block 1, of said
Ocean Park Subdivision to a point at the northeast corner of said Lot 2,
Block 1, of said Ocean Park Subdivision; thence easterly along an
extension of the north line of Lot 2, Block 1, of said Ocean Park
Subdivision to the mean high water line of the Atlantic Ocean; thence
northerly along said high water line to the point of beginning.
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CITY COMMISSION DOCUMENTAT'ioN ......
TO:
FROM:
SUBJECT:
DA~~A~TY MANAGER
PAUL DORLING, DI~,~TOR OF PLANNING AND ZONING
MEETING OF JANUARY 16, 2001
CONSIDERATION OF A SIX MONTH MORATORIUM ON 24-HOUR BUSINESSES IN THE
DOWNTOWN DEVELOPMENT AUTHORITY AREA, WITHIN THE GC (GENERAL
COMMERCIAL) AND CBD (CENTRAL BUSINESS DISTRICT) ZONING DISTRICTS.
,BACKGROUND,, ,
The proposed 6-month moratorium will prohibit the establishment of new businesses having operating hours
between 12:00 midnight and 5:00 AM in the Downtown Development Authority area. The moratorium will also
prohibit existing business, which currently do not operate during these hours, from extending their hours of
operation between 12:00 midnight and 5:00 am. The moratorium will not effect any existing businesses that
currently operate between these hours. Further, Section zt of the ordinance provides an exemption for hotels,
motels, office uses, restaurants and cocktail lounges.
The Downtown Development Authority's area is primarily along Atlantic Avenue, between 1-95 and the Atlantic
Ocean, and includes the GC (General Commercial) zoning district and the CBD (Central Business District) [see
attached map]. The moratorium has been requested by the WARC (West Atlantic Redevelopment Coalition) to
allow time to study the impacts of 24-hour businesses on adjacent residential uses, and the redevelopment
effort.
The West Atlantic Redevelopment Coalition considered the moratorium at their December 13, 2000 and
January 10, 2001 meeting and recommended approval. The CRA (Community Redevelopment Agency)
considered the moratorium at their December 14, 2000 and January 11, 2001 meeting and also recommended
approval. The DMA Board (Downtown Merchants Association) considered the moratorium at their meeting of
January 10th 2001 meeting and recommended approval. The DDA considered a 6-month moratorium on
convenience stores at their December 20, 2000 meeting and recommended approval. Since that time the
moratorium has expanded to 24-hour businesses and is scheduled to be reconsidered by the DDA on January
17, 2000. The Downtown Business Merchants Association (DMAD) is also scheduled to consider the
moratorium at their January 17, 2001 meeting. The recommendations of both of these groups will be reported
to Commission at or before second reading.
'PLANNING AND ZONING BOARD coNSIDERATiON :: "' ...... '::!::!
The Planning and Zoning Board held a public hearing regarding a 6-month moratorium on 24-hour
convenience stores at its meeting of December 18, 2000. During the meeting the Board expanded its
discussion to 24-hour businesses as identified by correspondence from the CRA and WARC. After discussing
the amendment, the Board supported both a moratorium on 24-hour businesses and/or 24-hour convenience
stores. The Board voted 4-1 (Bird dissenting, Morris and Stark absent) to recommend approval of the 6-month
moratorium for 24-hour convenience stores. The Planning and Zoning Board will reconsider the moratorium
for 24-hour businesses at their January 22, 2001 meeting. Their formal recommendation will be reported to
Commission at or before second reading.
" ~ RECOMMENDED ACTION,
By motion, approve on first reading the ordinance establishing a 6-month moratorium on 24-hour businesses in
the Downtown Development Authority area, within the GC (General Commercial) and CBD (Central Business
District Zoning District.
Attachments: ~~
Q P&Z Staff Report of December 18, 2000
Q Ordinance by Others
i '
PLANNING AND ZONING BOARD MEMORANDUM
STAFF REPORT
MEETING OF: DECEMBER 18, 2000
AGENDA ITEM:
lV.D. - CONSIDERATION OF A SIX MONTH MORATORIUM ON
CONVENIENCE STORES IN THE DOWNTOWN DEVELOPMENT
AUTHORITY AREA WITHIN THE GC (GENERAL COMMERCIAL)
ZONING DISTRICT AND THE CBD (CENTRAL BUSINESS
DISTRICT).
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City Commission
regarding a 6-month moratorium on convenience stores in the Downtown Development
Authority (DDA) Area, within the GC (General Commercial) and CBD zoning districts.
BACKGROUND
The Downtown Development Authority's area is primarily along Atlantic Avenue,
between 1-95 and the Atlantic Ocean, and corresponds with the West Atlantic Avenue
Overlay District, including the GC (General Commercial) zoning district and the CBD
(Central Business District) zoning district. The moratorium has been suggested to study
convenience stores and their impact on the redevelopment efforts, especially in the
Downtown Development Authority area. The moratorium has been informally endorsed
by the Downtown Development Authority. The CRA unanimously recommended
approval of the moratorium at their November 30th meeting. The West Atlantic
Redevelopment Coalition unanimously recommended approval of the moratorium at
their December 13th meeting.
RECOMMENDED ACTION
By motion, recommend approval of the 6-month moratorium on convenience stores in
the Downtown Development Area, within the GC (General Commercial) and CBD
zoning districts.
DOWNTOWN DEVELOPMENT AUTHORITY
City Of Delray Beach, Florida
Janua~ 2,2001
Mr. David T. Harden, City Manager
City of Delray Beach
100 NWIst Avenue
Delray Beach, FL 33444
RE MORATORIUM ON NEW 24-HOUR RETAIL CONVENIENCE STORES
WEST ATLANTIC AVENUE REDEVELOPMENT AREA
Dear Mr Harden:
The Downtown Development Authority at their meeting of December 20, 2000 discussed
the problems that have been experienced with the 24-hour convenience stores on West
Atlantic Avenue. We discussed the criminal activity that occurs at or near these stores in
the late hours and the ~mpact these activities have on nearby residents.
After discussion, a motion was made that a letter be sent to the City Manager stating
that the DDA Board is in opposition to any new 24-hour retail convenience stores and
that the C~ty Commission adopt such a moratorium as soon as possible. Motion was
seconded and passed unanimously.
Thank you for your consideration of this request.
Sincerely,
FRANK WHEAT, Chairman
Downtown Development Authority
/sk
CC:
Robert A. Barcinski
City Commission
DDA Board Members
64-A S.E. Fifth Avenue, Delray Beach, Florida 33483 · (561) 278-0424 ° Fax (561) 278-0555
A Florida Main Street Community
Friday~ Januar~ 26, 2001
cLASSIFIED
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENTS TO TIIK~ LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH
BY PLACING A MORATORIUM ON BUSINESS USE THAT IS
' ~NOT A HOTEL OR MOTEL OR IS NOT SOLELY A RESTAURANT
~ - - OR COCKTAIL LOUNGE THAT I~ OPENED FOR BUSINESS
AT ANY TIME BETWEEN THE HOURS OF 12.'00 MIDNIGHT
---AND $.'00 A.M. IN THE GENERAL COMMERCIAL ZONING
DISTRICT AND IN THE CENTRAL BUSINESS DISTRICT
WITHIN ~ DOWNTOWN DEVELOPMENT AUTHORITY
AREA, FOR A PERIOD OF SIX MONTHS
Th~ City ~ornm~lOl~ Of the i~ty of Dc]ray Beach, Florida, proposes to adopt the following ordln~:n~e:
'ORDINANCE NO. 3-0!
AN ORDINANCE OF THE CITY CO~fl$$1ON OF T~E CT~ OF DELR.A¥ BEACH, FLORIDA, AMENDING ~
LAND DEVELOPMENT IE~GULATION$ OF ~ CODE OF OP. DINANCE~ OF THE CTFY OF DE/KAY BEACH
BY AJ~IEND~G ARTICLE 4.4, :~A~E ZONE~G DISTIUCT", SECTION 449, :"GENEKAL COMMERCIAL (GQ
DL.~/'P~CT", SU~$~N$ 449('B), (C), (D) AND ~(G), .AND BY A]VIENDEqG SECTION 4.4 ]3, 'C]~q'I'RAL
BUSINESS (C~D) DISTRICT~, SUBSECTIONS 4.4.1~("B), (C} AND (D) WITHIN THE DOWNTOWN
DEVELOPMENT AUTHOgr~ AKEA AS MORE ]~A~TIC"ULAgLY DE~CP~ED HEREIN, I~Y ]~LACEqO A
MORATORIUM ON BUSINESS USES OPENED FOR BUSINESS AT ANY TIME BETWEEN THE HOURS OF 12.~0
MIDNIGHT AND 5:00 ~ AND AS FURTHER DEFINED HEREIN, FOR A PERIOD OF SIX MONTHS PROM THE
DATE OF ADOPTION OF THIS ORDINANCE IN TH~ CcF2/F_IO~ COMMERCIAL (CC) DISTRICT AND THE
CENTRAL 8USINEfiS (CBD) DISTRICT WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY ARFA;
PROVIDING i SAVING C~US£, A ~ RI~FALF. R CLAUSE ~rD AN t~F_CrlVE DATF_
A ~ (not to ~e) ~ the ge~tal location of the at~a c~vered by the proposod ordinance ~ shown below.
-The City Co~mi,~sion will conduct two (2) Public Hearings for the purpose of accepting public testimony
zegarding the proposed ordinance. The first Pubhc Hearing will be held on TUESDAY~ JANUARY 16,
~001, AT 7:00 P.M. m the Commission Chambers at City Hall, 100 N.W 1st Avenue, Delray Beach,
Florida. If the proposed mxlmance ~s pas~ed on first reading, a second Pubhc Heating will be held on
TUF, SDA¥~ ]~F, BRUAR¥ 6~ 2001t AT 7:00 P. IVL (or at any continua~on of such meeting which is set by the
Commission).
All ~ dtizem a~e invited to attend the public hearings and comment upon the proposed ordinance or
submit their c, ol~lmant~ in writing Ol1 or before the date of these bearlng~ to the Planning and Zoning
D~par~n~nc For futthe~ infom~at/on or to obtain a copy of the proposed ordinance, please contact the
phnnlng and Zoning Depamnent, City Hall 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone
561/'243-2040), betwee~ the hours of 8:00 ~n~ and 5:00 p.m., Monday through Friday, exclnding holidays.
PLFASE BE ADVISED THAT IF A PERSON DECIDF~ TO APPEAL ANY DECISION MADE BY THE
CITY CO/vli~IIS$ION WITH RESPECt TO ANY MATTER CONSIDERED AT THESE HEARINGS,
SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL I$ TO BE BASED, THE CITY DOES
NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105.
Boca ~lray Beach News C1TY OF DELRAY BEACH
January fl, 2001 Alison MacC_~regor Harry
January 31, 2001 C~ty Clerk ^.
Ad//NS01i 0.
,O
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENTS TO THE LAND
DEVELOPMENT REGULATIONS OF THE CTTY OF DELRAY BEACH
BY PLACING A MORATORIUM ON BUSINESS USE THAT IS
NOT A HOTEL OR MOTEL OR IS NOT SOLELY A RESTAURANT
OR COCKTAIL LOUNGE THAT IS OPENED FOR BUSINESS
AT ANY TIME BETWEEN ~ HOURS OF L?..'~ MIDNIGHT
AND ~.~ A.M. IN ~ GENERAL COMMERCIAL ZONING
DISTRICT AND IN THE CENTRAL BUSINESS DISTRICT
~ THE DOWNTOWN DEVELOPMENT AUTHORITY
AREA, FOR A PERIOD OF SIX MONTHS
Th~ Ct~ Comm~s~ou of tl~ Ctty of l~lray Be, ach, F~orida. ptx)poses to adopt thc folloxv~ng ordinance
ORDINANCE NO. 3-01
AN ORDINANCE OF TIIE CITY COMMISSION OF THE CITY OF DELRA¥ BEACH, FLORIDA~ AMENDIN~ THE
LAND DEVELOP~r REGULATIONS OF THE CODE OF ORD[NANCE~ OF T~E CITY OF DELRAY BEACH
BY AM~NDEqG ARTICLE 4 4, "BASE ZONING DISTRICT", SECT[ON 4.4 9, "GENERAL CO~[ERC]AL (GQ
D~STR~C'r', SU~SEC~ON$ ,t4.9~), (C), ~) ~ (G), A~O ~Y A~G SEt. ON 4.4 ~3,
BUS~.SS (C~D) D~ST~C'r', SU~SEC-'nONS 't.'U3m). ~C) ~ (D) wrm~ T~
DEVELOP~ AUTHO]~r/Y AREA AS MORE PARTICULARLY DESC~,~IBED H~REI~, ~Y PLACING .~-
MO~mR~ ON B~S~ESS USES OP~ FOR B~S~$ AT A~ ~ ~ET~N ~ HO~'RS O~
~G~ A~ S'00 ^ ~ ~ ~S FUgn~R D~ ~. ~ ^ l~,~OD OF S~X MOrfms FROM T~
DATE OF ADOrnON OF ~S O~,D~A~C~ ~ T~ GEm'S. AL COr~X~ (~) ~ZST~
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFF~ DATE ·
A map (not to s~ale) dep~ctm~ the ~enezal locaUon of the area covered by the proposed orchnance is ~hown below.
The City Commission will conduct two (2) Public Heanngs for the ~ of accepting pobhc tesumony
regarding the proposed ordinance. The fu'st Public Hearing will be held on TUF..qDAY? JANUARY 16,
2001~ AT 7:00 P.M. in the Commi~ion Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida. If the proposed ordinance is passed on first reading, a second Public Hearing will be held od
TUESDAY~ FEBRUARY 6, 2~}017 AT 7:00 P.M. (or at any continuatiov of such meeLmg which is set by ~e
C~anission).
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 Pl~ning and Zoning
l~ut. For further information or to obudn a copy of the proposed ordinance, please contact the
Planning and Zoning lX-panmont, City Hall, 100 N.W. 1st Avenue, De[ray Beach, Florida 33444 (Phone
561/243-?040), 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
crrY COMMISSION wrrH RESPF, C~ TO ANY MATTI~ CONSIDERED AT THF~E 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 256.0105.
PUBLISH: Boca Raton/Delray Beach News
January 8, 2001
January 31, 2001
Ad,~S0110.
CITY OF DELRAY BEACH
Ahson MacCnegor Harry
City Clerk