Ord 05-00ORDINANCE NO. 5-00
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR,
"ZONING REGULATIONS", SECTION 4.4.24, "OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", OF THE LAND
DEVFJ.OPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, BY AMENDING SUBSECTION 4.4.24(B), "PRINCIPAL USES
AND STRUCTURES", BY ADDING 'CATERING SERVICES' AS A
PERMITTED USE; AMENDING SUBSECTION 4.4.24(H), "SPECIAL
DISTRICT REGULATIONS", TO PROVIDE FOR FLOOR AREA
LIMITATIONS AND RESTRICTIONS ON VEHICLE STORAGE IN
CONJUNCTION WITH CATERING SERVICES; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board
reviewed the proposed text amendment at a public hearing held on January 24, 2000, and voted
unanimously to recommend that it be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning
Board, sitting as the Local Planning Agency, has determined that the text amendment is consistent
with and fttrthers the goals, objectives and pohcies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning
District", Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection
4.4.24(13), ''Principal Uses and Structures", of the Land Development Regulations of the City of
Delray Beach is hereby amended to read as follows:
(B) Principal Uses and Structures: The following types of uses are allowed within
the OSSHAD as a permitted use:
(1) Residential uses of single family detached dwellings and duplexes.
(2) Business, Professional and Governmental Offices.
(3) Retail sales through specialty shops (single purpose businesses) such as bath
shops, book stores, gift shops, florists, hobby shops, kitchen shops,
boutiques, bicydes shops.
Arts related businesses such as craft shops, galleries, and studios within
which is conducted the preparation of, display of, and/or sale of art
products such as antiques, collecfibles, custom apparel, jewelry, paintings,
photography, picture framing, pottery, sculpture, stained ghss.
Educational and/or instructional activities, including training, vocational or
craft schools, the arts, personal development, and libraries, museums, and
social and philanthropic institutions.
(6) Restaurants of a sit-down nature such as a cafe, snack shop, full service
dining, but excluding any drive-in and/or drive-through facilities or features.
(7) Providing of personal services such as barbershops, beauty shops, salons,
cosmetologists.
(8) Bed and Breakfast Inns.
(9) Catering services not associated with a restaurant, subject to the special
regulations of Section 4.4.24(H).
(-9) (10) Within the following described areas, the uses allowed as permitted uses
in Section 4.4.1303) pursuant to the base district and special provisions of the
Central Business District regulations shall also be allowed in the OSSHAD:
(a) Lots 13-16, Block 60
(b) Lots 1-4, Block 61
(c) Lots 1-7 and 19-24, Block 69
(d) Lots 7-8, Block 75
(e) Lots 1-6, Block 76
Section 2. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning
District", Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection
4.4.24(H), "Specaal Dismct Regulations", of the Land Development Regulations of the City of
Delray Beach is hereby amended to read as follows:
(H) Special District Reg-l~tions:
(1)
Residential units within a structure containing permitted non-residential
use(s) shall not use more than 50% of the gross floor area of the
structure within which they are located.
- 2 - Ord. No. 5-00
Residential uses shall comprise no less than 10% of the uses in the
OSSHAD District as expressed by the exclusive use of individual parcels,
other than condominium ownership. The existence of an occupational
license, except for one issued for a home occupation, shall establish that
such a parcel is non-residential.
0)
Residential-type inns shall create a transitional or buffer area between
residential uses and non-residential uses (such as office, commercial, etc.)
which are either on or near the subject property.
(4) A residential-type inn shall be associated with an historic structure and
must be residential in design, scale and character.
(5)
Catering Services cannot exceed 2,000 sq. ft of total floor area and shall
not have overnight storage of more than two vehicles, which shall not
exceedl-1/2 ton capacity.
Section 3. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence or word be declared by a coturt of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage
on second and final reading.
the 7th
PASSED AND ADOPTED in rega~br session on second and final reading on this
__ day of March ,2000.
ATTEST:
- City Clerf
FirstReadmg February 15, 2000
Second Reading March 7, 2000
- 3 - Ord. No. 5-00
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER
DIANE DOMINGUEZ, DIRECTOR OF PEANNING
JEFFREY A. COSTELLO, PRINCIPAL PLANNE
MEETING OF FEBRUARY 15, 2000
CONSIDERATION OF AN AMENDMENT TO LDR SECTIONS 4.4.24(B) AND
(H) TO ALLOW CATERING SERVICES IN THE OSSHAD (OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT) ZONING DISTRICT
"Yum! Catering, Inc." wishes to locate at 130 SE 1st Avenue, which is zoned OSSHAD, via
conversion of the existing nonconforming duplex to a catenng business. At its meeting of
December 13, 1999, the Planning and Zoning Board heard the request for a determination of
similarity of use to allow the catering servme in the OSSHAD zoning district The request was to
determine that a catering serwce was similar to restaurants, which are permitted in the
OSSHAD zone district. The Board had concerns, which related to the large size of some
catering operations as well as truck traffic and vehicle storage. Based upon these concerns the
Board determined that the use should be specifically listed as a conditional use in the OSSHAD.
The request is to allow catering service as a permitted use rather than a conditional use.
However, staff is recommending floor area limitations and restrictions on vehicle storage.
These restrictions would eliminate the need to have the use listed as a conditional use.
Additional background and an analys~s of the request are found in the attached Planning and
Zoning Board staff report.
The Planning and Zoning Board held a public hearing regarding this ~tem at its meeting of
January 24, 2000. There was no public testimony regarding the request. After discussing the
amendment, the Board voted 7-0 to recommend to the City Commission that LDR Sections
4.4.24(B) and (H) of the OSSHAD zoning district be amended to allow catering services.
By motion, approve on first reading a text amendment to LDR Sections 4.4.24(B) and (H) to
allow catering services as a permitted use in the OSSHAD zoning district.
Attachments:
P&Z Staff Report and Documentation of October 18, 1999
Ordinance by Others
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER
AGENDA ITEM 10. [~ - REGULAR MEETING OF MARCH 7, 2000
ORDINANCE NO. 5-00 (CATERING SERVICES IN THE OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT)
MARCH 3, 2000
This is second reading and a public hearing for Ordinance No. 5-00 which amends LDR Secuon
4.4.24, "Old School Square Historic Arts Dismct", by adding 'catering services' as a permitted use
within the district, subject to floor area lirmtattons and restrictions on vehicle storage.
'~um! Catering, Inc." wishes to locate at 130 S.E. 1't Avenue, which is zoned OSSHAD, via
conversion of the existing nonconforming duplex to a catering business. At its meeting of December
13, 1999, the Planning and Zoning Board heard the request for a deterrnmauon of snnilarity of use to
allow the catering service in the OSSHAD dismct. The request was to determine that a catering
service was sn-nilar to restaurants which are permitted m OSSHAD. The Board had concerns which
related to the large s~ze of some catering operations as well as truck traffic and vehicle storage. Based
upon these concerns the Board determined that the use should be specifically listed as a condiuonal
use m the OSSHAD.
The request is to allow catering service as a'perrmtted use rather than a conditional use. However,
staff ~s recommending floor area limitations and resmctions on vehtcle storage. These restricuons
would eliminate the need to have the use listed as a conditional use. Adrhtional background and an
analysis of the request are provided in the attached Planning and Zoning Board staff report.
The Planning and Zoning Board held a public hearing on the proposed text amendment on January
24, 2000. There was no public testimony. After discussing the amendment, the Board voted
unanimously to recommend approval to the City Commission. At first reading and the first public
hearing on February 15~h, the City Comrmssion passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 5-00 on second and final reading.
RefiAgmemo21.OrdS-00.LDR Amendment Catering Sermces. OSSHAD
MEETING DATE:
JANUARY 24, 2000
AGENDA ITEM:
IV.I. - AMENDMENT TO LDR SECTION 4.4.24(B) TO
ALLOW CATERING SERVICE AS A PERMITTED USE IN
THE OSSHAD (OLD SCHOOL SQUARE HISTORIC ARTS
DISTRICT) ZONING DISTRICT.
The item before the Board is that of making a recommendation to the City Commission
regarding an LDR _am__endment to Section 4.4.24(B) Old School Square Historic Arts
district (OSSHAD) zoning district, Principal Uses and Structures Allowed, to add
"catering service" as a permitted use, and Section 4.4.24(H)(Special District
Reclulations) regarding catering services, pursuant to LDR Section 2.4.5(M).
Pursuant to Section 1.1.6, an amendment to the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
"Yum! Catering, inc." wishes to locate at 130 SE 1st Avenue via conversion of the
existing nonconforming duplex to a catering business. In the future they wish to include
a full service restaurant with indoor and outdoor seating. The property is located in the
OSSHAD (Old School Square Historic Arts District), however a catering
business/service, is not specifically listed as an allowable use in the OSSHAD zone
district. As the use is not specifically listed, the applicant requested a determination of
similarity of use pursuant to LDR Section 4.3.2(C). At its meeting of December 13,
1999, the Planning and Zoning Board heard the request for a determination of similarity
of use to allow the catering service in the OSSHAD zoning district. The request was to
determine that a catering service was similar to restaurants, which are permitted in the
OSSHAD zone district. The Board had concerns, which related to the large size of
some catering operations as well as truck traffic and vehicle storage. Based upon these
concerns the Board determined that the use should be specifically listed as a
conditional use in the OSSHAD.
The request is to allow catering service as a permitted use rather than a conditional use.
However, staff is recommending floor area limitations and restrictions on vehicle
storage. These restrictions would eliminate the need to have the use listed as a
conditional use.
Planning and Zoning Board Staff Report
LDR Amendment to Allow Catering Service in the OSSHAD Zoning District
Page 2.
LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5)
(Findings), in addition to LDR 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.
Caterers are specifically listed as a permitted use in the GC (General Commercial), PC
(Planned Commercial), CBD (Central Business District), CBD-RC (Central Business
District-Railroad Corridor) zoning districts. In the LI (Light Industrial) zoning district,
"food preparation and/or processing including bakeries and catering operations" are
allowed as a conditional use. Occupational licenses have been issued to allow catering
as a home occupation/business office only, with no on-site food preparation. A
comparison of regulations of other municipalities was conducted as follows:
Boca Raton:
· Catering businesses are allowed in any district and are considered similar to
bakedes.
· Home operation is acceptable assuming that no customers come to the home and
any catering van is hidden from view (garage).
· A Residential Office situation allows catedng businesses as offices, however, no
food preparation is allowed.
Boynton Beach:
· There are no size restrictions to catering businesses.
· Catering is not allowed as an "out of home" business.
· Vendors or catering trailers are not allowed in the City.
West Palm Beach:
· Allowed by right in Airport Commercial, Neighborhood Commercial, General
Commercial, and Industrial Zoning Districts.
· Catering is not allowed as an "out of home" business.
· Vendors are considered as Mobile Vending and are permissible as long as they
have the permission of the owner of the property where they are operating.
Many catering operations are similar to restaurant uses with respect to the commercial
kitchen, and are often an accessory use to a restaurant. However, the concerns
regarding a catering operation in the OSSHAD relates to the potential for vehicle
storage associated with the use and the size of the operation. There have also been
concerns raised regarding vendor vehicles.
In order to alleviate concerns regarding the intensity of the use it is recommended that
the size of the operation be limited to a maximum of 2,000 sq.ft. This figure was derived
based upon the floor areas of the existing structures in the district, which typically range
Planning and Zoning Board Staff Report
LDR Amendment to Allow Catering Service in the OSSHAD Zoning District
Page 3
in size between 1,000 and 2,000 sq.ft. This would allow adaptive re-use of an existing
structure in the historic district. Any operation larger than 2,000 sq.ft, should be located
in a more intense commercial or light industrial district.
Restrictions on a truck or commercial vehicle parking are primarily limited to the
residential zoning districts. Truck parking is limited to % ton rated capacity in most of
the residential zoning districts, except in the R-I-A where a truck cannot exceed a 1%
ton rated capacity. Also, there is a limitation of two trucks per lot.
Storage of vehicles and equipment was the primary reason why contractor's offices are
not listed as a permitted use in the OSSHAD district. However, contractor's
business/administrative offices, excluding storage are allowed. Given the nature of the
catering business it may be appropriate to state that there be no overnight storage of
vehicles. - --
COMPREHENSIVE PI_AN POLICIES:
The goals, objectives and policies of the Comprehensive Plan were reviewed and there
are no applicable goals, objectives or policies noted.
Historic Preservation Board
At its meeting of January 19, 2000, the HPB reviewed and recommended approval (5-2)
of the text amendment. The Board members who voted against the amendment felt
that the maximum floor area should be 2,500 sq.ft, to accommodate storage.
Community Redevelopment Agency
At its meeting of January 13, 2000, the CRA reviewed and recommended approval of
the text amendment.
Downtown Development Authority
At its meeting of January 19, 2000, the DDA reviewed and recommended approval of
the text amendment.
Courtesy Notices:
A special courtesy notice was provided to the Old School Square Historic district
homeowner's association. Letters of objection and support, if any, will be presented at
the Planning and Zoning Board meeting.
Planning and Zoning Board Staff Report
LDR Amendment to Allow Catering Service in the OSSHAD Zoning District
Page 4
By motion, recommend to the City Commission that LDR Section 4.4.24(B) (Principal
Uses and Structures Allowed) be amended to include "catering service" as a permitted
use; and, Section 4.4.24(H)(Special District Regulations) regarding catering services, a
based upon a positive finding with LDR Section 2.4.5(M)(5), that the text amendment is
consistent with and furthers the Goals, Objectives and Policies of the Comprehensive
Plan.
Attachment:
· Proposed Amendment
s:\planning & zoning\boards~p&z board\ldrcatedngosshad.doc
(B) Principal Uses and Structures Permitted: The following types of uses are
allowed within the OSSHAD as a permitted use:
(9) Catering services not associated with a restaurant, subject to the special
regulations of Section 4.4.24(H).
(-~ (10) Within the following described areas, the uses allowed as permitted uses in
Section 4.4.13(B) pursuant to the base district and special provisions of the Central
Business District regulations shall also be allowed in the OSSHAD:
(a) Lots 13-16,_Block 60
(b) Lots 1-4, Block 61
(c) Lots 1-7 and 19-24, Block 69
(d) Lots 7-8, Block 75
(e) Lots 1-6, Block 76
(H) Special District Regulations:
(5) Catering Services cannot exceed 2,000 sq.ft, of total floor area and shall not
have overnight storage of more than two vehicles, which shall not exceed 1% ton
.capacity.
NOTICE OF PROPOSED AMENDla~NT TO THE LAND
DEVELOPMENT REGUIATIONS TO ~OW 'CATERING
SERVICES* AS A PERMITTED USE 1N THE OLD SCHOOL
SQUARE Ht~TORIC ARTS DISTRICT (OSSHAD)
The City Commi~ion of the city of Delray Beach, Florida, proposes
to adopt the following ordinance:
ANORDINA CE OF Tim crrY 0M SSIOS Ol, crrY OF
'ZONING REGULATIONS', SECTION 4.4.24, 'OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT (OSSHAD)', OF THE LAND
DEVELOPMENT REGULATIONS OF THE crrY OF DELRAY
BEACH, BY AMENDING SUBSECIION 4.4.24(B), 'PRINCIPAL
USES AND STRUCTURES", BY ADDING 'CATERING SERVICES'
AS A PERMITTED USE; AMENDING SUBSECTION 4.4.24 (CH),
· SPECIAL DISTRICT REGULATIONS', TO PROVIDE FOR
FLOOR AREA LIMITATIONS AND RESTRICTIONS ON VEHICLE
STORAGE IN CONJUNCTION WITH CATERING SERVICES;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE. :
The City Commission will conduct two (2) Public Hearings for the
purpose of accepting public testimony regarding the proposed
ordinance. The first Public Hearing was held on TUESDAY,
FEBRUARY 15, 2000, AT 7.'00 P.M., in the Commission Chambers at
City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. The second
Public Hearing will be held on TUF_~DA¥, MARCH 7, 2000 AT 7.'00
P.M., (or at any continuation of such meeting which is set by the
Commi.~son). ,
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 f-uther 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 8:0(1 a.m. and 5:O0
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 RESPEL~ TO ANY
MATTER CONSIDERED,AT THESE HEARINGS, SUCH PERSON MAY l~.r~ TO
ENSURE THAT A VERBATIM RECORD INCLLIDES .THE TESTIMONYAND
EVIDENCE U~N WHICH THE APPLEAL IS TO BE BASED. THE CITY DOE
NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105.
,, .crrY OF D .V.A¥ BEACH
PUBLISH: The Boca Ralon News
-Februray 7, 2000
March 1, 2000 , ·
Ad~: 795539
Friday, Februar~ 25, 2000
LEGAL NOTIOIE$
CI1T OF ~BJIAT lEA, CH, FLOmDA
A PUBLIC HEARING will be held on
following proposed ord~nace at 7
,pm on TUESDAY, MARCH 7. 20g0
wnml~ es set by
· ~ Cay Comm~sion Chambe's,
1 st Aveme, Delray Beach, Ronda,
d~r time the Cdy ~xnn~saon w~ll
~,~Avefl~e~L~ray ~eac~,
the hours of 8 00 arn ar~ 5~
,,N u_,, "~ON,,G ~GU,~.
~v~ ,-C-°~--&~-)', OF
mere REGULATIONS OF
~IE ?_ ~ OEI. I~y BEACH, BY
AMENO,I ~ SUBSEC~ON 4 4 24m!
"ImINC, 'AL USES ANO sm(jr.'
TORE$" BY AODING 'CJffERfNG
8ER~:~ ? .48 A P~'RMfl'rF.O USE,
~MIENOI~ G SUBSECTION 4 4.24(H),
"SPECIAl DISTRICT REGULATIONS.
TO PRO~ ~)E FOR FLOOR AREA UMI-'
TATION8 A/dO RESTRICTIONS ON
~HICLE ~ ;TORAGE I~ COIL/UNCTION
WITH CA1 -:RING SERVICES, PROVID.
lNG A S~' ~.N~ CLAUSE, A GENi~
be ao~ that # a person
to ~lPpeal art/dean made
to ensure
Pu~uam to FS~86 bt 06 '~
nNew~ '
CITY OF DEIARY BEACH
NOTICE OF PRO~ AMENDMENT TO ~ LAND
DEVELOPMENT REPONS TO ~OW 'CATERING
SERVICES' AS A ~ USE IN THg, OLD SCHOOL
SQUARE m~IDRIC ARTS DISTRICt (OSSHAD)
The City Commission of the City of Dehay Beach, Florida, propo~
to adopt the following ordinance:
Ordinance No. 5-00
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER' FOUR,
"ZONING REGULATIONS", SECTION 4.4.24, "OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, BY AMENDING SUBSECTION 4.4.24(B), 'PRINCIPAL
USES AND STRUCTUR~~, BY ADDING 'CATERING SERVICES'
AS A PERM1TI~D USE; AMENDING SUBSECTION 4.4.24 (CH),
~SPEClAL DISTRICT RFZ3ULATIONS~, TO PROVIDE FOR
FLOOR AREA LIMITATIONS AND RESTRICTIONS ON VEHICLE
STORAGE IN CONJUNCTION WITH CATERING SERVICES;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFEC-'ITVE DATE.
The City Commission will conduct two (2) Public Hearings for the
purpose of accepting public testimony regarding the proposed
ordinance. The first Public Heating was held on TUESDAY,
FEBRUARY 15, 2000, AT ?.'fl0P. M, in the Commission Chambers at
City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. The second
Public Hearing will be held on TUESDAY, MARCH ?, 2000 AT ?:00
P.M., (or at any continuation of such meeting which is set by the
Commisson).
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 futber information or to obtain a copy of the
proposed ordinance, please contact the Plann~g and Zoning
Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida
354~.4 (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 DEc~DEs TO APPEAL ANY
DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY
MATTER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NI~F.I~ TO
~2~StrgE mAIA ~ArnVi ~.r~co~t) i~ct.t~ves T~ T~S~t~O~r~ A~
~qo? PROWD~. ~OR PRr~A~ SUCH RECOm>. maCSUA~ TO F.S. 286.010~.
'. ~ OF DmRAY BEACH
" ~ Rlison MacCaegor Harty
City Clerk
PUBLISH: The Boca Raton News
Februray 7, 2000
March 1, 2000