Ord 22-00ORDINANCE NO. 22-00
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
Dlz. I.RAy BEACH, FLORIDA, AMENDING CHAPTER FOUR,
"ZONING REGULATIONS", SECTION 4.4.12, "PLANNED
COMMERCIAL (PC) DISTRICT", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING
SUBSECTION 4.4.12(12)), "CONDITIONAL USES AND STRUCTURES
AI.I.OWED", AND SUBSECTION 4.4.12(G), "SUPPLEMENTAL
DISTRICT REGULATIONS", TO IMPLEMENT PROVISIONS OF THE
REDEVELOPMENT PLAN FOR THE LINDEI,I,
BOULEVARD/FEDERAL HIGHWAY REDEVFJ,OPMENT AREA #6;
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 amendments at a public heating held on May 22, 2000, and voted
unanimously to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning
Board, sitting as the Local Planning Agency, has deten'nined that the changes are consistent with and
further the goals, objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations", Section 4.4.12, "Planned
Commercml (PC) District", Subsection 4.4.12(D), "Conditional Uses and Structures Allowed", of
the Land Development Regulations of the City of Delray Beach, be and the same ~s hereby amended
to read as follows:
Section 4.4.12 Planned Commercial (PC) District
(D) Conditional Uses and Structures Allowed: The following uses are allowed
as conditional uses within the PC District except as modified in the Lindell/Federal (Redevelopment
Area #6) Overlay D~strict by Section 4.4.12(G):
(1) All uses allowed as such within the GC District [Section 4.4.9(D)].
(2) Playhouses, Dinner Theaters, and places of assembly for commercial
entertainment purposes (e.g. concerts, live performances).
Section 2. That Chapter Four, "Zoning Regulations", Section 4.4.12, "Planned
Commercial (PC) District", Subsection 4.4.12(G), "Supplemental District Regulations", of the Land
Development Regulations of the City of Delray Beach, be and the same is hereby amended to read
as follows:
Section 4.4.12 Planned Commercial (PC) District
(G) Supplemental District Regulations: In addition to t:Fhe supplemental
district regulations a~ set forth in Article 4.6, the following shall apply.
(1) Development within the Lindell/Federal Redevelopment Area Overlay
District (Redevelopment Area ~6) shall be consistent with the provisions contained within the
adopted Redevelopment Plan for the area, as particularly described under the chapter entitled
"Section 5: Plan for Future Development."
(2) Within the portion of the Redevelopment Area that is bounded by Dixie
Highway on the west, the C-15 Canal on the south, Federal Highway on the east, and Avenue K
(extended) on the north, multiple family residential development with densities of up to 16 umts per
acre is allowed as a conditional use, subject to the provisions of LDR Section 4.4.6, RM .(Medium
Density Residential) Zoning District, subsection (1), Performance Standards, and based upon the
development's conformance with the apphcable standards and criteria described within the adopted
Redevelopment Plan.
(3) Dwelling units are permitted within the same structure as commercial
uses with no restriction on the percentage of each use allowed. In the event that resxdential and
nonxesidentaal uses are located in the same structure, residential uses and nonresidential uses must be
physically separated and have separate accessways.
Section 3. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
Section 5. That this ordinance shaft become effective immediately upon its passage
on second and final reading.
2 Ord. No. 22-00
the
PASSED AND ADOPTED in regmlar session on second and final reading on this
19th dayof September ,2000.
ATTEST:
City Clerk
MAYOR
FirstReachng September 7, 2000
Second Reading September 19, 2000
3 Ord. No. 22-00
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
'~ ITY MANAGER
AGENDA ITEM I0. ~a '
0, - REGULAR MEETING OF SEPTEMBER'lg, 2000
ORDINANCE NO. ~-00 (LDR AMENDMENTS TO PC DISTRICT RE
LINDELL BOULEVARD/FEDERAL HIGHWAY REDEVELOPMENT
SEPTEMBER 15, 2000
This is second reading and a second public hearing for Ordinance No. 22-00 which amends LDR
Section 4.4.12, "PC (Planned Cornmercml) District" m order to implement the provisions of the
Lindell Boulevard/Federal Highway Redevelopment Plan. The plan and its associated
Comprehensive Plan amendments were forwarded to the Florida Department of Community Affairs
for review m April of this year. DCA has reviewed the amendment and has no objections to the
proposed text changes.
The redevelopment area is zoned Planned Commercial. The redevelopment plan encourages mixed
use development and allows residential densities up to 16 units per acre, subject to performance
standards and based upon the development's conformance with the apphcable standards and criteria
described w~thin the adopted plan. The proposed text amendments are necessary to accommodate
the goals of the redevelopment plan.
The Planning and Zoning Board held a public hearing on the proposed text amendments on May 22,
2000. There was no pubhc tesnmony. After discussing the amendment, the Board voted
unanimously to recommend approval to the City Comtmssion. At first reading and the first public
hearing on September 7th, the City Commsssion passed the ordinance by a 4 to 0 vote.
Recommend approval of Ordinance No. 22-00 on second and final reading.
Ref. Agrnemo21.Ord22-00.PC Dismct. Lmdell-Federal RDA
MEETING OF:
MAY 22, 2O0O
AGENDA ITEM:
IV. A. AMENDMENT TO LDR SECTION 4.4.12, PLANNED
COMMERCIAL (PC) ZONING DISTRICT
ITEM BEFORE THE BOARD~-~'~' :'~ "~ ~ II
The item before the Board is an amendment to LDR Section 4.4.12, Planned
Commercial (PC) Zoning District, implementing provisions of the Redevelopment Plan
for the Lindell/Federal area (Redevelopment Area #6). The amendment is being
processed in accordance with LDR Section 2.4.5(M). Pursuant to Section 1.1.6, an
amendment to the LDRs may not be made until a recommendation is obtained from the
Planning and Zoning Board.
In March of this year, the Planning and Zoning Board reviewed the draft plan for
Redevelopment Area #6, which is located in the vicinity of Lindell Boulevard and South
Federal Highway. The Board recommended approval of the Redevelopment Plan,
which was subsequently approved by the City Commission. The plan and its
associated Comprehensive Plan amendments was forwarded to the Florida Department
of Community Affairs (DCA) for review. It is anticipated that DCA will transmit its
comments in July, after which the plan and the amendments can be formally adopted by
the City Commission.
The Redevelopment Area is zoned Planned Commercial (PC). In order to implement
the provisions of the Redevelopment Plan that deal with the nature and type of
development that is desired in the area, it is necessary to amend the PC zoning district
regulations. This amendment and an associated conditional use application are being
forwarded to the Planning and Zoning Board at this time for review and
recommendation. However, final consideration of the amendment and conditional use
by the City Commission will be delayed pending receipt and consideration of DCA's
comments.
ANAL~YSIS ' ' ': '~ I
The amendment relates primarily to the supplemental regulations portion of the zoning
regulations. It states that any development that occurs within the designated
Redevelopment Area must be consistent with the adopted plan for the area. Also, as
provided for in the Redevelopment Plan, it allows residential densities of up to 16 units
P&Z Board Memorandum Staff Report
LDR Amendment Re: PC Zoning District
Page 2
per acre, subject to compliance with the performance standards of the RM (Medium
Density Residential) zoning district and the additional criteria outlined in the plan.
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 City has transmitted an amendment to
Future Land Use Element Policy C-2.4 which states that future development of the area
must be in accordance with the provisions of the Redevelopment Plan. This
amendment will facilitate the desired types of development as specified in the plan, and
is therefore consistent with, and furthers implementation of, this policy.
By motion, recommend to the City Commission approval of the amendment to LDR
Section 4.4.12 Planned Commercial Zoning District, subsections (D) and (G), as
attached, based upon positive findings with respect to LDR Section 2.4.5(M).
Attachment:
· Proposed Amendment
PROPOSED LDR AMENDMENT
Section 4.4.12 PC Planned Commercial (PC) District
(D) Conditional Uses and Structures Allowed: The following uses are
allowed as conditional uses within the PC District except as modified in the
Lindell/Federal (Redevelopment Area #6) Overlay District by Section 4.4..12 (G):
(1) All uses allowed as such within the GC District [Section 4.4.9(D)].
(2) Playhouses, Dinner Theaters, and places of assembly for commercial
entertainment purposes (e.g., concerts, live performances)
AND
(G) Supplemental District Requlafions: In addition to t3:he supplemental
district regulations as set forth in Article 4.6, the following shall apply.
Development within the Lindeii/Federal Redevelopment Area Overlay District
(Redevelopment Area #6) shall be consistent with the provisions contained
within the adopted Redevelopment Plan for the area, as particularly described
under the chapter entitled "Section 4: Plan for Future Development."
(2)
Within the portion of the Redevelopment Area that is bounded by Dixie Hiqhway
on the west, the C-15 canal on the south, Federal Highway on the east, and
Avenue K (extended) on the north, multiple family residential development with
densities of up to 16 units per acre is allowed as a conditional use, subject to
the provisions of LDR Section 4.4.6 RM (Medium Density Residential) zoning
district, subsection (I), Performance Standards, and based upon the
development's conformance with the applicable standards and criteria described
within the adopted Redevelopment Plan.
(3) Dwellinq units are permitted within the same structure as commercial uses with
no restriction on the percentage of each use allowed. In the event that
residential and nonresidential uses are located in the same structure, residential
uses and nonresidential uses must be physically separated and have separate
accessways.
CITY COMMISSION DOCUMENTATION
TO:
THRU:
FROM:
SUBJECT:
DA~T. HARD,.~~TY MANAGER
JEFFREY A. COSTELLO, PRINCIPAL PLANNER.~~
MEETING OF SEPTEMBER 7, 2000
CONSIDERATION OF AN AMENDMENT TO LDR SECTION 4.4.12, PC (PLANNED
COMMERCIAL) ZONING DISTRICT REGULATIONS, IMPLEMENTING PROVISIONS
OF THE LINDELL BOULEVARD/FEDERAL HIGHWAY REDEVELOPMENT PLAN.
BACKGROUND .... I
In March of this year, the Planning and Zoning Board reviewed the draft plan for Redevelopment Area
#6, which is located in the vicinity of Lindell Boulevard and South Federal Highway. The Board
recommended approval of the Redevelopment Plan, which was subsequently approved by the City
Commission. The plan and its associated Comprehensive Plan amendments were forwarded to the
Florida Department of Community Affairs (DCA) for review (CPA 2000-01). DCA has reviewed the
amendment and has no objections to the proposed text changes.
The Redevelopment Area is zoned Planned Commercial (PC). In order to implement the provisions of
the Redevelopment Plan that deal with the nature and type of development that is desired in the area, it
is necessary to amend the PC zoning district regulations. In particular, the Redevelopment Plan
encourages mixed-use development and allows residential densities up to 16 units per acre, subject to
performance standards, and based upon the development's conformance with the applicable standards
and criteria described within the adopted Redevelopment Plan. To accommodate the goals of the
redevelopment plan the attached amendments are necessary. Additional background and an analysis
of the request are found in the attached Planning and Zoning Board staff report.
PLANNING AND ZONING BOARD CONSIDERATION'
The Planning and Zoning Board held a public hearing regarding this item at its meeting of May 22,
2000. There was no public testimony regarding the proposed LDR text amendment. After discussing
the amendment, the Board voted 6-0 vote (Bird absent) to recommend approval of the amendment.
RECOMMENDED ACTION
By motion, approve on first reading a text amendment to LDR Section 4.4.12, PC (Planned
Commercial) zoning district regulations, implementing provisions of the Lindell Boulevard/Federal
Highway Redevelopment Plan, based upon positive findings with respect to LDR Section 2.4 5(M)(5),
and setting a public hearing date of September 19, 2000.
Attachments:
P&Z Staff Report and Documentation of May 22, 2000
Ordinance by Others
Io.D.
lO0
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT TO _
LDR SECTION 4.4.12, PLANNED COMMERCIAL
(1~ ZONING DISTRICT, TO IMPLEMENT :'
PROVISIONS OF THE REDEVELOPMENT PLAN
FOR THE LINDELL BOULEVARD/FEDER~
HIGHWAY REDEVELOPMENT AREA 06
The City Commission of the City of Delray Beach, Florida, proposes to adopt the~
following ordinance: : ..
ORDINANCE NO. 22-00 · --~ -
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF.
DELRAY BEACH, FLORIDA, AMENDING SECTION 4,4.12,
"PLANNED COMMERCIAL (PC) DISTRICT", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH
BY AMENDING SUBSECTION 4.4.12(D), "CONDITIONAL USES AND
STRUCTURES ALLOWED", AND SUBSECTION 4.4.12(G),'
"SUPPLEMENTAL DISTRICT REGULATIONS", TO IMPLEMENT
PROVISIONS OF THE REDEVELOPMENT PLAN FOR THE LINDl~
BOULEVARD/FEDERAL HIGHWAY REDEVELOPMENT AREA
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the purpose
accepting poblic testimony regarding the proposed ordinance. The f'~t .Public.
Hearing will be held on THURSDAY~ SEPTEMBER ?: 2000: AT ?:00P. M.;',
in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delra. y
Beach, Florida. If the proposed ordinance is passed on first reading, a second
Public Hearing will be held on TUESDAY~ SEPTEMBER 19~ 2000~ ,AT
?:00P.M. (or at any continuation of such meeting which is set h?~ ~'
Commission). ~ ~.~
All interested citizens are invited to attend the public hearings and cor~menf
upon the proposed ordinance or submit their comments in writing bn oF
before the date of these hearings to the Planning and Zoning Department. For'
further information or to obtain a copy of the proposed ordinance, pleasd.~
contact the Planning and Zoning Department, City Hall, 100 N.W. lSt'
Avenue, Delray Beach, Florida 33444 (Phone 561/243-7040), between
hours of $:00 a.m. and 5:00 p.m., Monday through Friday, excl~din~g. !
holidays. -
PLEASE BE ADVISED THAT IF A PER'SON DECIDES TO APPEAL'A~*'
DECISION MADE BY THE CITY COMMISSION WITH RESPECT T0~
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.~S TO
BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE ~.UCH
RECORD. PURSUANT TO F.S. 2~6.0105.
PUBLISH: Boca Raton News
Delray Beach News
August 30, 2000
.September 14, 2000
Ad,~/801322
CITY OF DELRAY BEACH
Alison MacGregor Harry
City Clerk
m
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT TO
LDR SECTION 4.4J2, PIANNED COMMERCIAL
(PC) ZONING DISTRICT, TO IMPLEMENT
PROVISIONS OF THE REDEVELOPMENT PLAN
FOR THE LINDELL BOIREVARDIFEDERAL
HIGHWAY REDEVELOPMENT AREA ~
The City Commission of the ~ty of Delray Beach, ~orida, proposes to adopt the
following ordnance:
ORDINANCE NO. ~
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.fl.12,
"PLANNED COMMERCIAL (PC) DISTRICT", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DF.I.RAY BEACH
BY AMENDING SUBSECTION 4.4.12(D), "CONDITIONAL USES AND
STRUCTURES ALLOWED", AND SUBSECTION 4.4.12(G),
"SUPPLEMENTAL DISTRICT REGULATIONS", TO IMPLEMENT
PROVISIONS OF THE REDEVELOPMF2qT PLAN FOR THE LINDELI.
BOULEVARD/FEDERAL HIGHWAY REDEVELOPMENT AREA #6;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN ~ DATE.
The City Commi.~sion will conduct two (2) Public Hearings for the purpose of
accepting public testimonY regarding the proposed ordinance. The first Public
Hearing will be held on THURSDAY~ SEIrI'EMBER 7~ 2000~ AT ?:00P.M.,
in the Commi~ion Chambers at City Hall, 100 N.W. 1st Avenue, Delray
~ Beach, Florida. ff the proposed ordinance is passed on first reading, a second
· Public Hearing will be held on TUESDAY. SEPTEMBER 19~ 2000~ AT
7:00P.M. (or at any continuation of such meeting which is set by the
Commission).
· All interested citizens are invited to attend the public hearings and comment
upon the proposed ordinance or submit their comments in writing on or
before the date of these hearings to the planning and Zoning Department. For
fuflher information or to obtain a copy of the proposed olxlinance, please
contact the Planning and Zoning Department, City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida 33444 (Phone 561/243-7040), between the
hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding
holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY
DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO
ANY MATTER CONSIDERED AT THESE HEARINGS, SUCH PERSON
MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES
THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO
BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH
RECORD. PURSUANT TO F.S. 286.0105.
PUBLISH: Boca Raton News
Delray Beach News
August 30, 2000
Ad,¢ 801322
CITY OF DELRAY BEACH
Alison MacGregor Harry
City Clerk