Loading...
Ord 22-05 (' /' \, ORDINANCE NO. 22-05 AN ORDINANCE OF THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CI1Y OF DELRA Y BEACH, BY AMENDING SECTION 4.3.3(V), "USES INVOLVING ALCOHOLIC BEVERAGES", BY AMENDING SUBSECTION 4.3.3(V)(2), "PROHIBITIONS BY FREQUENCY" BY ESTABLISHING SUBSECTION 4.3.3(V) (2) (c) TO PROVIDE A METHOD OF DETERMINING ELIGIBILI1Y FOR A STAND ALONE BAR USE IN CERTAIN CIRCUMSTANCES; PROVIDING; A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, no more than one stand alone bar is permitted within anyone block or within 750 feet of another stand alone bar per city ordinance; and WHEREAS, a stand alone bar is a permitted use; and WHEREAS, the City desires to provide a method to allow stand alone bar uses when more than one person or entity desires to establish such a use when only one such use can be accommodated under current restrictions; and WHEREAS, at its meeting of March 21, 2005, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0 to recommend that this ordinance be approved to provide a method of determining eligibility for a stand alone bar use, based upon positive findings. NOW, THEREFORE, BE IT ORDAINED BY THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y BEACH, FLORIDA: Section 1. That Section 4.3.3(V), "Uses Involving Alcoholic Beverages" IS hereby amended by amending Section 4.3.3(V)(2) by enacting 4.3.3(V)(2)(c) to read as follows: (2) Prohibition by Fre<luen~: The sale of alcoholic beverages for on-site consumption shall be allowed as a principal use within stand alone bars and as an accessory use in chartered private clubs and golf courses with the restriction that: (' /,\ (a) Not more than one stand alone bar shall be located within anyone block, nor within seven hundred and fifty (750) feet of another stand alone bar measured from lot line to lot line in a straight line. (b) The above restriction does not apply to a duly licensed grocery store which sells beer and wine in packages for off-site consumption nor does it apply to a restaurant which holds a special restaurant license issued by the Department of Business Regulations of the State Division of Alcoholic Beverages and Tobacco. (c) To be allowed to begin operating a business as a stand alone bar the following rules shall apply: 1. A written request to establish a stand alone bar shall be submitted to the Planning and Zoning Department. Attached to the written request shall be a copy of a valid 4COP License. evidence of an executed lease to operate the business at the proposed location and a copy of an approved site plan for a restaurant or bar use (hereinafter referred to as the submission). The submission shall be date and time stamped by the Planning and Zoning Department. The submission shall be valid for a period of six (6) months. 2. If locational requirements allow for a stand alone bar to be established. a person or entity that has filed a submission as set forth above at the earliest time and date will be notified that the use may be established. If the stand alone bar use is not legally established pursuant to LDR Section 2.4.4Q)) within sixty (60) days after notification. the person or entity who filed a submission next in time and date shall have an opportunity to establish a stand alone bar use. That person or entity and subsequent persons or entities that have a submissIon on file must also comply with the sixty (60) day establishment requirement. Persons or entities that fail to establish the stand alone bar use in accordance with LDR Section 2.4.4Q)) within the sixty (60) day period shall not have any further priority to establish the stand alone bar use and the submission shall be deemed void unless no other persons or entities have filed a submission wherein a longer time to establish the use may be permitted upon request. 3. If for any reason the City is unable to determine who was first in time or unable to determine if the use was legally established and operational within the time permitted. the Planning and Zoning Board shall review all valid submissions on file regardless of time or date of the submission or establishment of the use. based on the required findings of LDR Section 2.4.5(E) and make a recommendation to the City Commission. The City Commission will then determine which stand alone bar use is the most compatible with surrounding uses. based on the following: 2 ORD. NO. 22-05 (" /"\ a. Compliance with code requirements, b. site's physical appearance, c. location, d. consistency with the Comprehensive Plan, and e. capacity of infrastructure to accommodate the proposed use, f. whether the stand alone bar will have a deleterious effect on adjacent businesses. The stand alone bar use deemed most compatible will then have the right to establish a stand alone bar use as a permitted use within sixt;y (60) days of the decision of the Cit;y Commission. 4. No assignment of any submission or rights obtained as a result of a submission to establish a stand alone bar use under this section shall be permitted. provided. however. an established stand alone bar use may continue to exist at the same location without participating in the process outlined in Subsection (c) for as long as the use is operational. If the stand alone bar use is not operational for a period of one hundred eight;y (180) days or the business location has been occupied by an intervening use. then the process described in subsection (c) herein shall apply. 5. New letters with attachments set forth above may be submitted once every six (6) months. Section 2. That should any section or proVlslon of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. 3 ORD. NO. 22-05 (' /,\ ~S~ED AND ADOPTED in regular session on second and final reading on this ~y of ~ ,2005. ~~~ ATTEST: ~~.~~ CI1Y CLERK First Reading L\ \<::.\05 Second Reading ~\ \q ~:) 4 ORD. NO. 22-05 MEMORANDUM FROM: MAYOR AND CI1Y COMMISSIONERS CI1Y MANAGER ~1 I TO: SUBJECT: AGENDA ITEM # \ () ('_ ORDINANCE NO. 22-05 - REGULAR MEETING OF APRIL 19. 2005 DATE: APRIL 15, 2005 This is second reading and second public hearing for a City initiated amendment to Land Development Regulations (LDR) 4.3.3(V)(2) "Uses Involving Alcoholic Beverages", by establishing subsection 4.3.3(V)(2)(c) to provide a method of determining eligibility for a Stand Alone Bar. At the first reading on AprilS, 2005, the Commission passed Ordinance No. 22-05. Recommend approval of Ordinance No. 22-05 on second and final reading. S.\Clty Clerk\agenda memos Ord 22-05 Stand Alone Bar 041905 CITY COMMISSION DOCUMENTATION D/( Øt1 I TO: THRU: FROM: SUBJECT: DAVID T.~N ~~AGER PAUL DORLlNG, DIRECTe:9 OF PLANNING AND ZONING JEFFREY A. COSTELLO, ASSISTANT DIRECTOR OF PLA MEETING OF APRIL 5, 2005 CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.3.3(V)(2) "USES INVOLVING ALCOHOLIC BEVERAGES" BY ESTABLISHING SUBSECTION 4.3.3(V)(2)(c) TO PROVIDE A METHOD OF DETERMINING ELIGIBILITY FOR A STAND ALONE BAR USE. t "', " BACKGROUND At its meeting of November 28, 2003, the City Commission approved an ordinance amending the definitions and regulations concerning alcoholic beverages. The amendment was processed in order to obtain consistency with State Statutes as they relate to the definition of Alcoholic Beverages, to provide clarification and establish a distance limitation between stand alone bars. In addition, the definition of Alcoholic Beverage Establishment was modified and defmitions of Stand Alone Bar and Bottle Club were added to be consistent with State Statutes. The intent of the regulations is to prevent the proliferation of cocktail lounges and bars in any given area throughout the City. The adopted regulations provide a specific distance limitation and method of measurement as follows: "Not more than one stand alone bar shall be located within anyone block nor within seven hundred and fifty (750) feet of another stand alone bar measured from lot line to lot line in a straight line." The attached ordinance provides a process to establish a stand alone bar and a method of determining eligibility for a stand alone bar. The ordinance includes submission requirements and a time frame of sixty (60) days to establish the use once the applicant is notified that the use may be established. The ordinance also includes a method to allow stand alone bar uses when more than one person or entity desires to establish a stand alone bar and only one can be accommodated under current restrictions and distance limitations. If for any reason the City is unable to determine who was first eligible or is unable to determine if a use was legally established and operational withm the time permitted, the Planning and Zoning Board shall review all valid submissions and provide a recommendation to the City Commission. The City Commission will make a determination of which stand alone bar use is the most compatible with surrounding uses based on the criteria listed in the ordinance. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan The proposed LDR amendment provides clarification to the existing ordinance. The amendment provides a process to establish a stand alone bar and a method of determining eligibility for a stand alone bar use. While the amendment does not fulfill a specific Goal, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. \0 f\ City Commission Documentation Meeting of Aprrl 5, 2005 LDR Text Amendment - Process to Establish a Stand Alone Bar Page 2 -~ , PLANNING AND ZONING BOARD CONSIDERATION At its meeting of March 21, 2005, the Planning and Zoning Board held a public hearing regarding the proposed text amendment. There was no public testimony regarding the proposal. After discussing the amendment, the Board voted 5-0 (Pike & Walker absent) to recommend to the City Commission approval of the proposed amendment to the Land Development Regulations (LDRs) by adopting the findings of fact and law contained in the staff report. r RECOMMENDED ACTION Move to approve the amendment to the Land Development Regulations (LDRs) Section 4.3.3(V)(2) "Uses Involving Alcoholic Beverages" by establishing Subsection 4.3.3(V)(2)(c), by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations, with second reading to occur on April 19, 2005. Attachment: Proposed Ordinance ORDINANCE NO.J~ -05 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 SECTION 4.3.3(V), "USES INVOLVING ALCOHOLIC BEVERAGES", BY AMENDING SUBSECTION 4.3.3(V)(2), "PROHIBITIONS BY FREQUENCY" BY ESTABLISHING SUBSECTION 4.3.3(V)(2)(c) TO PROVIDE A METHOD OF DETERMINING ELIGIBILITY FOR A STAND ALONE BAR USE IN CERTAIN CIRCUMSTANCES; PROVIDING; A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, no more than one stand alone bar is permitted within anyone block or within 750 feet of another stand alone bar per city ordinance; and WHEREAS, a stand alone bar is a permitted use; and WHEREAS, the City desires to provide a method to allow stand alone bar uses when more than one person or entity desires to establish such a use when only one such use can be accommodated under current restrictions; and WHEREAS, at its meeting of March 21, 2005, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to 0 to recommend that this ordinance be approved to provide a method of determining eligibility for a stand alone bar use, based upon positive findings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Section 4.3.3M, "Uses Involving Alcoholic Beverages" is hereby amended by amending Section 4.3.3(V)(2) by enacting 4.3.3(V)(2)(c) to read as follows: (2) Prohibition by Freauency: The sale of alcoholic beverages for on-site consumption shall be allowed as a principal use within stand alone bars and as an accessory use in chartered private clubs and golf courses with the restriction that: (a) Not more than one stand alone bar shall be located within anyone block, nor within seven hundred and fifty (750) feet of another stand alone bar measured from lot line to lot line in a straight line. (b) The above restriction does not apply to a duly licensed grocery store which sells beer and wine in packages for off-site consumption nor does it apply to a restaurant which holds a special restaurant license issued by the Department of Business Regulations of the State Division of Alcoholic Beverages and Tobacco. (c) To be allowed to beQin operatinQ a business as a stand alone bar the followinQ rules shall apply: 1. A written request to establish a stand alone bar shall be submitted to the PlanninQ and ZoninQ Department. Attached to the written request shall be a copy of a valid 4COP License, evidence of an executed lease to operate the business at the proposed location and a COpy of an approved site plan for a restaurant or bar use (hereinafter referred to as the submission). The submission shall be date and time stamped by the PlanninQ and ZoninQ Department. The submission shall be valid for a period of six (6) months. 2. If locational requirements allow for a stand alone bar to be established, a person or entity that has filed a submission as set forth above at the earliest time and date will be notified that the use may be established. If the stand alone bar use is not leQally established pursuant to LOR Section 2.4.4(0) within sixty (60) days after notification, the person or entity who filed a submission next in time and date shall have an opportunity to establish a stand alone bar use. That person or entity and subsequent persons or entities that have a submission on file must also complv with the sixty (60) day establishment requirement. Persons or entities that fail to establish the stand alone bar use in accordance with LOR Section 2.4.4(0) within the sixty (60) day period shall not have any further priority to establish the stand alone bar use and the submission shall be deemed void unless no other persons or entities have filed a submission wherein a 10nQer time to establish the use may be permitted upon request. 3. If for any reason the City is unable to determine who was first in time or unable to determine if the use was leQally established and operational within the time permitted. the PlanninQ and ZoninQ Board shall review all valid submissions on file reQardless of time or date of the submission or establishment of the use. based on the required findinQs of LOR Section 2.4.5(E) and make a recommendation to the City Commission. The City Commission will then determine which stand alone bar use is the most compatible with surroundinQ uses, based on the followinQ: a. Compliance with code requirements, b. site's phvsical appearance, c. location, d. consistency with the Comprehensive Plan. and e. capacity of infrastructure to accommodate the proposed use, f. whether the stand alone bar will have a deleterious effect on adiacent businesses. 2 ORD. NO. -05 The stand alone bar use deemed most compatible will then have the riqht to establish a stand alone bar use as a permitted use within sixty (60) days of the decision of the City Commission. 4. No assiqnment of any submission or riqhts obtained as a result of a submission to establish a stand alone bar use under this section shall be permitted, provided, however. an established stand alone bar use may continue to exist at the same location without participatinq in the process outlined in Subsection (c) for as lonq as the use is operational. If the stand alone bar use is not operational for a period of one hundred eiqhtv (180) days or the business location has been occupied bv an interveninq use. then the process described in subsection (c) herein shall applv. 5. New letters with attachments set forth above may be submitted once every six (6) months. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this _ day of 2005. MAYOR ATTEST: CITY CLERK First Reading Second Reading 3 ORD. NO. -05 et'. CM(~e- (H- ') ('I) .... CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 4.3.3(V), IIUSES INVOLVING ALCOHOLIC BEVERAGES", BY AMENDING SUBSECTION 4.3.3(V)(2), IIPROHIBITIONS BY FREQUENCY" BY ESTABLISHING SUBSECTION 4.3.3(V)(2)(c) TO PROVIDE A METHOD OF DETERMINING ELIGIBILITY FOR A STAND ALONE BAR USE IN CERTAIN CIRCUMSTANCES U) o o N cò N .c ~ '" :!E ,,:; '" '0 c: o :!E I ~ CD :z .c u '" CD .., >. f! Q; ~ o iã a: '" u o .., . e o i c: '" ~ ~ The City Commission of the City of Delray Beach, Florida, proposes 10 adapl the fol- lowing ordinance: ORDINANCE NO. 22-05 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 SEŒON 43.3(V), "USES INVOLVING ALCOHOLIC BEVERAGES", BY AMENDING SUBSECTION 4.3 3(V)(2), ·PROHIBITIONS -BY FREQUENCY" BY ESTABLISHING SUBSEŒON 4.3 3(V)(2)(c) TO PROVIDE A METHOD OF DETERMINING ELIGIBILITY FOR A STAND AlONE BAR USE IN CERTAIN CIRCUMSTANCES, PROVIDING, A SAVING CLAUSE, A GENERAl REPEALER CLAUSE, AND AN EFFECTIVE DATE The City Commission will conduct two (2) Public Hearings for the purpose of accepting public testimony regarding the proposed ordmance. The firsl Public Hearing will be held on TUESDAY. APRIL 5. 2005. AT 7:00 P.M. in the Commission chambers al City Hall, lOON W 1 sl Avenue, Delray Beach, Florida. If the proposed ordmance is passed on nrsl reading, a second Publ,c Hearing Will be held on TUESDAY. APRIL 19. 2005. AT 7:00 P.M. (or al any continuation of such meeling which is set by the CommissIon) in the Commission Chambers al City Hall, 100 N.W 1 sl Avenue, Delroy Beach, Florida. All interested citizens are invited 10 allend the public hearings and commenl upon the proposed ordinance or submll their commenls m writing on or before the dale of these hearings 10 tfie Plannmg and Zoning Deportmenl For further information or 10 obtain a copy of the proposed ordinance, please conlect the Planning and Zoning Departmenl, CIty Hall, 100 N W 1 sl Avenue, Delray Beach, Florida 33444 (ernail al pzmail@mydel- raybeach com) or by calling 561/243-7040), be1ween the hours of 800 a.m and 5:00 pm, 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 cheveIIe D. Nubin City Clerk PUBLISH: Monday, March 28, 2005 Monday April 11 , 2005 BOCA RATON NEWS ADIf NS030511 CC' C/1Jlol~~ CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 4.3.3(V), IIUSES INVOLVING ALCOHOLIC BEVERAGES", BY AMENDING SUBSECTION 4.3.3(V)(2), IIPROHIBITIONS BY FREQUENCY" BY ESTABLISHING SUBSECTION 4.3.3(V)(2)(c) TO PROVIDE A METHOD OF _DETERMINING ELIGIBILITY FOR A STAND ALONE BAR USE IN CERTAIN CIRCUMSTANCES The City Commission of the City of Delroy Beach, Florida, proposes to adopt the fol- lowing ordinance ORDINANCE NO. 22-05 AN ORDINANCE OF THE CIlY COMMISSION OF THE CIlY Of DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CIlY OF DELRAY BEACH, BY AMENDING SECTION .4.3.3M, ·USES INVOLVING ALCOHOLIC BEVERAGES·, BY AMENDING SUBSEalON .4 3 3(V)(2), ·PROHIBITIONS BY FREQUENCY· BY ESTABLISHING SUBSEŒON .4 3.3M(2)(c) TO PROVIDE A METHOD OF DETERMINING ELlGIBIUTY FOR A STAND ALONE BAR USE IN CERTAIN CIRCUMSTANCES; PROVIDING; A SAVING CLAUSE, A GENERAL REPEAlER CLAUSE, AND AN EFFECTIVE DATE. The City Commission will conduct Iwo (2) Publ,c Heanngs for the purpose of accepting public testimony regarding the proposed ordinance. The first Public Hearing will be held on TUESDAY. APRIL 5. 2005. AT 7:00 P.M. in the Commission Chambers at City Hall, 100 N.W 1 st Avenue, Delroy Beach, Florida. If the proposed ordinance is passed on first reading, a second Public Hearing will be held on TUESDAY. APRIL 19. 2005. 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, lOON W. 1 st Avenue, Delroy Beach, Florida All interested citizens are invited to attend the public hearings and comment upan 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, lOON W 1 st Avenue, Delroy Beach, Florida 33444 (email at pzmail@mydel- raybeach com) or by calling 561/243-7040), between the hours of 8:00 a m. and 5:00 p.m., Mondoy through Friday, excluding holidays PlEASE BE ADVISED THÃT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CIlY 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 SUCt! RECORD PURSUANT TO FS.286.0105. CIlY OF DElRAY BEACH Chevelle D. Nubin ~ City Clerk PUBLISH: M.onday, March 28, 2005 Monday ApriI1!, 2005 BOCA RATON NEWS AD# NS030511 I c- o <> '" :::I CD :e en <> o 3 . "" o <> '" :J' ~ ~ o CD ~ "" CD ~ ::r Z ~ I s::: o :::I Q. ~ > a ~ ~ N o o U1 ... ...