Ord 34-00 DENIEDFAILED
ON FIRST READING - DECEMBER 12, 2000
ORDINANCE NO. 34-00
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", OF
THE LAND DEVELOPMENT REGULATIONS BY
AMENDING SUBSECTION 4.4.13(G), "SUPPLEMENTAL
DISTRICT REGULATIONS", TO INCREASE THE PARKING
REQUIREMENT FOR RESTAURANTS IN THE ORIGINAL
DOWNTOWN DEVELOPMENT AUTHORITY (DDA) AREA;
AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD)
DISTRICT", SUBSECTION 4.4.13(G), "SUPPLEMENTAL
DISTRICT REGULATIONS", AND SECTION 4.4.24, "OLD
SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)",
SUBSECTION 4.4.24(G), "SUPPLEMENTAL DISTRICT
REGULATIONS", BY DELETING THE ONE TIME ONE
SPACE PARKING REDUCTION; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, on August 22, 2000, the Parking Management Advisory Board
recommended an amendment to the Land Development Regulauons to increase the parking
requzrement for restaurants m the original DDA area, and that the provxslon for a one nme
reducnon of one parking space be eliminated; and
WHEREAS, pursuant to LDR Secuon 1.1.6, the Planning and Zoning Board
reviewed the proposed text amendments at a pubhc hearing held on November 20, 2000, and voted
5 to 1 to recommend approval of the amendment to increase the parking reqturement for
restaurants in the original DDA area to 6 spaces per 1,000 square feet; and
WHEREAS, at the same Planning and Zoning Board meeting of November 20,
2000, a motion was made to deny the proposed amendment to elLrmnate the one time one space
parking reduction, and sa~d motion failed on a vote of 3 to 3; and
WHEREAS, the C~ty Cornrmsslon of the C~ty of Delray Beach finds that the
proposed amendments are consistent w~th and further the goals, oblecuves 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 Regulauons", Sect:ton 4.4.13, "Central
Business (CBD) D;stnct", Subsection 4.4.13(G), "Supplemental Dxstnct Regulauons", Subparagraph
4.4.13(G)(1), "Parking", of the Land Development Regulations of the C~ty of Delray Beach, be and
the same ~s hereby amended to read as follows:
FAILED ON FIRST READING - DECEMBER 12, 2000
FAILED ON FIRST READING - DECEMBER 12, 2000
Section 4.4.13 Central Business (CBD) District
(G) Supplemental District Regulations: In addition to the supplemental district regulations as
set forth m Arlacle 4.6, except as modified below, the following shall also apply.
(1) Parking:
(a)
Within that portion of the CBD bounded by Swmton Avenue on the west,
N.E. 1't Street on the north, the Intracoastal Waterway on the east, and S.E.
1't Street on the south, parking requirements shall apply to new floor area
and restaurants only. Except for restaurants, changes C-ha-ng~ m use
(both residential and non-res~denual) shall not be required to provide
additional on-site parking. The parking reqmred for the creauon of new
non-res~denual floor area, except restaurants, shall be at the rate of one
space for each 300 square feet, or fraction thereof, of floor area in addinon
to the replacement of any previously reqmred parking which may be
ehmmated. Within all other geographsc areas of the CBD Zone Dxsmct, the
provisions of Secuon 4.6.9(C) shall apply, as further modified w;thm tlms
subsecnon (G)(1).
If it is impossible or inappropriate to provide requsred parking on-site or off-
site, pursuant to Subsecuon 4.6.9(E)(4), the m-lieu fee option provided m
Secuon 4.6.90E)(3) may be apphed.
The parking requirement for restaurants is established at slx (6) spaces per
1,000 square feet of floor area.
The parking requLrements for residennal umts m multi-family structures and
mixed use bmldings shall be as follows:
· Efficiency dwellmg umt
· One bedroom dwelling umt
· Two or more bedroom dwelling umt
· Guest parking shall be provided
cumulauvely as follows:
1.0 space/unit
1.25 spaces/umt
1.75 spaces/unit
- for the first 20 umts
- for umts 21-50
- for umts 51 and above
FAILED ON FIRST READING -
DECEMBER
0.50 spaces/umt
0.30 spaces/umt
0.20 spaces/umt
12 , 2000
Ord. No. 34-00
FAILED ON FIRST READING - DECEMBER 12, 2000
Section 2. That Chapter Four, "Zoning Regulations", Section 4.4.24, "Old School
Square H~stonc Arts District (OSSHAD)", Subsecuon 4.4.24(G), "Supplemental District
Regulauons", Subparagraph 4.4.24(G)(6), of the Land Development Regulations of the City of
Delray Beach, be and the same is hereby deleted tn its ennrety, as follows:
Section 4.4.24 Old School Square Historic Arts District (OSSHAD)
(G) Supplemental District Regulations: Supplemental chstrict regulations as set forth m
Article 4.6, except as mochfled herein, apply:
Section 3. That should any section or provision of this ordinance or any poruon
thereof, any paragraph, sentence or xvord be declared by a court of competent lurischcfion to be
mvahd, such decision shall not affect the vahdity of the remainder hereof as a whole or part thereof
other than the part declared to be invahd.
Section 3. That all ordinances or parts of ordinances m confhct herewith be, and
the same are hereby repealed.
Section 4. That tins ordinance shall become effective wnmechately upon its passage
on second and ftnal reading.
the
PASSED AND ADOPTED tn regular session on second and final reading on tins
__ day of ,2001.
ATTEST:
MAYOR
City Clerk
First Reading December
Second Reading
12, 2000
(MOTION TO DENY ON FIRST READING
PASSED BY UNANIMOUS VOTE)
3 Ord No 34-00
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM /~9./q.- REGULAR MEETING OF DECEMBER 12, 2000
ORDINANCE NO. 34-00 (PARKING REQUIREMENTS FOR
RESTAURANTS IN THE ORIGINAL DDA AREA & DELETING THE
ONE TIME ONE SPACE PARKING REDUCTION IN THE CBD AND
DATE:
OSSHAD DISTRICTS)
DECEMBER 8, 2000
As currently drafted, Ordinance No. 34-00 amends the Land Development Regulations by increasing
the parking reqmrement for restaurants in the original DDA area to sm (6) spaces per 1,000 square
feet of floor area o.~ddeletes the one tune one space parking reducuon provided for m the CBD and
OSSHAD zoning districts. It provides for what is essenually a "change of use" within a zoning
category and as such, requires two adverused public hearings pursuant to Chapter 166.041(3)(c)2 of
the Florida Statutes. The first advertisement must be published at least seven (7) days m advance of
the first public hearing, with the second advertisement occurring at least five (5) days prior to the
second public hearing. The caption of the proposed ordinance must be included in the ads.
In this instance, the caption that was published for Ordinance No. 34-00 reflects the initial
recommendation of the Parking Management Advisory Board. This recommendation was also
endorsed by the Downtown Development Authority Board. When the proposed amendments were
subsequently reviewed by the Planning and Zoning Board, that board voted to recommend that only
the increased parking requirement for restaurants m the original DDA area be approved. A mouon to
deny the proposed amendment to ehmmate the one nme one space parking reducuon failed on a 3 to
3 vote. Likewise, the West Atlantic Redevelopment Coahtion and the Community Redevelopment
Agency were not m favor of eliminating the one time one space reductmn.
The upshot is that if the City Commission makes a determination to support the ordinance as
presented here (i.e. increase restaurant parking and eliminate the one nme one space reductmn), it
should be passed on first reading and moved along for a second public hearing scheduled for January
2, 2001. If, however, the Commission decides to accept the Planning and Zoning Board's
recommendation and support only a portion of the ordinance, xt would be best to vote Ordinance
No. 34-00 down on first reading and direct that a revised ordinance be drafted and adverttsed for a
first pubhc hearing on January 2, 2001, w~th the second pubhc heating on January 16, 2001.
RefiAgmemol 4.Ord34-00
O .D. Sq-oo
' CIT~ COMMISSION DOCUMENTATION' ·
TO:
THRU:
i~. HARI~N,.~I."rY MANAGER
FROM:
RONALD R. HOGGARD, JR., SENIOR PLANNER
SUBJECT:
CITY COMMISSION MEETING OF DECEMBER t2, 2000
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRs)
MODIFYING THE PARKING REQUIREMENTS FOR RESTAURANTS IN THE
ORIGINAL DDA AREA AND DELETING THE ONE TIME ONE SPACE PARKING
REDUCTION IN THE CBD AND OSSHAD DISTRICTS.
The parking requirement for restaurants in the original DDA area is only 1 space per 300 square
feet regardless of use. Therefore, conversions of existing floor area to more intensive uses do not
require additional parking. Restaurants also enjoy a reduced standard in the remaining portions of
the CBD with a requirement of only 6 spaces per 1,000 sq. ft. of building area. This is one-half the
City's normal requirement. These liberal parking requirements have helped to fuel the revitalization
of the downtown area. However, the success of the downtown as an entertainment district with
restaurants and clubs has also significantly increased the demand for off-street parking and few
new spaces have become available to meet this new demand.
A recommendation was made by the Parking Management Advisory Board in 1999, to increase the
parking requirement for restaurants in the original DDA area to 6 spaces per 1,000 sq. ft.. The
amendment was denied by the City Commission on July 6, 1999.
Downtown development activity has remained strong over the last year. New office and residential
projects have been approved and several new restaurants have opened on the Avenue. At its
meeting of August 22, 2000, the Parking Management Advisory Board reviewed the restaurant
parking issue again and requested that staff prepare draft changes to the Land Development
Regulations to increase the parking requirements for restaurants in the original DDA area to 6
spaces per 1000 sq. ft.. This represents an increase of 2.67 spaces per 1,000 sq. ft. This
requirement would also apply to future restaurant conversions. For example, if a 1,500 square foot
retail space is converted to a restaurant, the difference between the two requirements would have
to be provided to meet the increased parking demand. In this case, an additional 4 parking spaces
would be required. Under the current codes, that additional parking is not required since the
requirement for all non-residential uses is the same (1 space/300 sq. ft.).
The PMAB also recommended that the one time reduction of one space be eliminated from all
areas. The Board felt that this redevelopment incentive is no longer needed and the required
parking should be provided.
Additional background and an analysis of the proposed amendments are included in the attached
Planning and Zoning Board staff report.
I ..... REVIEW BY: OTHERS
Downtown Development Authority (DDA): The DDA Board reviewed the proposed amendment
at its meeting on October 18, 2000. The Board recommended approval of the amendment.
City Commission Documentation
Meeting of December 12, 2000- Parking Requirements
Page 2
West Atlantic Redevelopment Coalition (WARC): The West Atlantic Avenue Redevelopment
Area includes 2 blocks within the OSSHAD district which would be affected by the elimination of
the one-time one space parking reduction. The Board reviewed the proposal at its meeting on
November 8, 2000. The Board did not support the proposal to eliminate the one-time, one space
reduction since it would negatively affect small redevelopment projects.
Community Redevelopment Agency (CRA): The CRA reviewed the proposed amendment at its
meeting of November 9, 2000. The Board recommended approval of the increase in parking
requirements for restaurants in the original DDA portion of the CBD. The Board felt that this would
level the playing field and encourage restaurants to locate in other locations in the CBD and
OSSHAD, such as Pineapple Grove. The Board did not support the elimination of the one-time,
one space parking reduction, since this would negatively affect small redevelopment projects.
Pineapple Grove Main Street: To proposed amendment was submitted to Pineapple Grove Main
Street for review and comment. The Committee did not formally review the proposal.
Planning & Zoning Board: The Planning and Zoning Board held a public hearing on the proposed
amendments at its meeting of November 20, 2000. Bruce Gimmy and Bernie Dahlem (Parking
Management Advisory Board) spoke in favor of the proposed amendments stating that the current
parking requirements for restaurants is too Iow. They also emphasized that additional retail is
needed downtown and that restaurants should be encouraged to locate in other redevelopment
areas. Bruce Gimmy stated that the one time one space reduction is no longer needed to
encourage redevelopment and should be eliminated.
After discussion, the Board recommended approval of the proposed amendment to increase the
parking requirement for restaurants in the original DDA area to 6 spaces per 1,000 square feet by
a vote of 5 to 1 (Bird absent and Morris dissenting). The Board made a second motion to deny the
proposed amendment to eliminate the one time one space parking reduction. The motion failed on
a vote of 3 to 3.
RECOMMENDEDiA~TiON~'
By motion, approve on first reading a text amendment to Land Development Regulations
(LDRs) Section 4.4.13(G)(1)(a) Parking, Supplemental District Regulations for the Central
Business District increasing the parking requirements for restaurants in the original DDA area
to 6 spaces per 1,000 square feet, based upon the findings and recommendation of the
Planning & Zoning Board.
By motion, deny on first reading a text amendment to Land Development Regulations (LDRs)
Sections 4.4.13(G)(1)(b) Parking, Supplemental Regulations for the Central Business District
and Section 4.4.24(G)(6) Supplemental District Regulations for the Old School Square Historic
Arts District, eliminating the one-time one space parking reduction.
Attachments: · Proposed Ordinances
· Planning & Zoning Staff Report
s:\planning & zoning\boards\city commission\ldr restaurant parking in cbd.doc printed 12/7/00
MEETING OF: NOVEMBER 20, 2000
AGENDA ITEM:
III.C
AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS (LDRs) MODIFYING THE PARKING
REQUIREMENTS FOR RESTAURANTS IN THE ORIGINAL
DDA AREA AND DELETING THE ONE TIME ONE SPACE
PARKING REDUCTION IN THE CBD AND OSSHAD
DISTRICTS.
The item before the Board is that of making a recommendation to the City Commission
on an amendment to LDR Section 4.4.13(G) Supplemental District Requlations, for the
CBD (Central Business District) and Section 4.4.24(G) Supplemental District
..R..e.qulations for the OSSHAD (Old School Square Historic Arts District), pursuant to
LDR Section 2.4.5 (M).
Pursuant to LDR Section 1.1.6, amendments to the Land Development Regulations
may not be made until a recommendation is obtained from the Planning and Zoning
Board.
The parking requirement for restaurants in the ~3dginal DDA area is only 1 space per
300 square feet regardless of use. Therefore, conversions of existing floor area to more
intensive uses do not require additional parking. Restaurants also enjoy a reduced
standard in the remaining portions of the CBD with a requirement of only 6 spaces per
1,000 sq. f. of building area. This is one-half the City's normal requirement. These
liberal parking requirements have helped to fuel the revitalization of the downtown area.
However, the success of the downtown as an entertainment district with restaurants
and clubs has also significantly increased the demand for off-street parking and few
new spaces have become available to meet this new demand.
A recommendation was made by the Parking Management Advisory Board in 1998, to
increase the parking requirement for restaurants in the original DDA area to 6 spaces
per 1,000 sq. ff.. The proposed change was incorporated into an ordinance which also
dealt with increasing in-lieu parking fees. However, it was deleted from the in-lieu fee
ordinance so that the issues could be dealt with separately. The in-lieu fee ordinance
was passed in 1999 and fees were increased for the majority of the downtown area.
At its February 23, 1999 meeting, the Parking Management Advisory Board affirmed its
original recommendation and voted 7/0 to amend the regulations for the original DDA
area to increase the parking requirements from 1 space per 300 sq. ff. to 6 spaces per
1,000 sq. ff. The amendment was denied by the City Commission on July 6, 1999.
Planning & Zoning Memorandum Staff Report
Text Amendment for Restaurant Parking in CBD & One Time One Space Parking Reduction
Page 2
Downtown development activity has remained strong over the last year. New office and
residential projects have been approved and several new restaurants have opened on
the Avenue. At its meeting of August 22, 2000, the Parking Management Advisory
Board reviewed the restaurant parking issue again and requested that staff prepare
draft changes to the Land Development Regulations to increase the parking
requirements for restaurants in the original DDA area to 6 spaces per 1000 sq. ft.. This
represents an increase of 2.67 spaces per 1,000 sq. ft. This requirement would also
apply, to future restaurant conversions. For example, if a 1,500 square foot retail space
is converted to a restaurant, the difference between the two requirements would have to
be provided to meet the increased parking demand. In this case, an additional 4
parking spaces would be required. Under the current codes, that additional parking is
not required since the requirement for all non-residential uses is the same (1 space/300
sq. ft.).
The Board also recommended that the one time reduction of one space be eliminated
from all areas. The Board felt that this redevelopment incentive is no longer needed
and the required parking should be provided.
The proposed increase to the parking requirements applies only to restaurants in the
downtown area bounded by Swinton Avenue on the west, N.E. 1st Street on the north,
the Intracoastal Waterway on the east and SE 1st Street on the south. The success of
the downtown as an entertainment district with restaurants and clubs has significantly
increased the demand for off-street parking. Based on the current success of the
downtown, it appears that a reduced parking requirement is no longer needed as a
redevelopment incentive. The proposed change requires restaurants in this area to
meet the same parking requirements as the rest of the CBD, OSSHAD and the West
Atlantic Avenue Redevelopment Area. The applicable rate is (6) spaces per 1,000 sq.
ft. of floor area. This is still one-half the normal code requirement for the rest of the
City. The requirement will be applied to changes in use as well as the construction of
new floor area. Under the proposed regulations, restaurants will have to provide an
additional 2.67 spaces per 1,000 sq. ft. than required under the current code.
East Atlantic Avenue, between Swinton Avenue and intracoastal Waterway, has a
considerable advantage over other areas of the City with respect to parking
requirements for restaurants. With the same standard for all nonresidential uses in this
area, a retail or office building with a minimal parking demand can be converted to a
night club or restaurant with a considerable parking demand and not provide any
additional parking. Conversions of this type have an obvious impact on the availability
of parking for other uses downtown. This was not an issue in 1990 when the downtown
was deserted at night and public parking was plentiful. However, ten years later, public
parking lots are full, restaurant owners are leasing private spaces and using a valet
service to meet demand and the number of restaurants is still increasing. When the
public lots are full, vehicles are parked illegally in private lots and those who provide
parking are impacted by those who do not. The question is why do we still have the
incentive in this area while other areas targeted for redevelopment, such as Pineapple
Grove and West Atlantic Avenue, are at a significant disadvantage. For example, a
Planning & Zoning Memorandum Staff Report
Text Amendment for Restaurant Parking in CBD & One Time One Space Parking Reduction
Page 3
2,000 square feet retail to restaurant conversion in Pineapple Grove would have to
provide an additional 3 parking spaces or pay an in-lieu fee of $18,000.
The PMAB also requested that the one time reduction of one parking space be deleted
from the Land Development Regulations. This code provision was originally enacted to
help the small owner or developer who wishes to change use or add additional floor
area. However, there is no limit on the size of the project or on the number of new
spaces required. Staff feels that this reduction is still needed for small redevelopment
projects where additional parking is not possible and in-lieu fees would be prohibitive.
Pineapple Grove would be particularly affected since redevelopment is just getting
underway with a number of small projects.
REQUIRED FINDINGS
LDR Section 2.4.5{M){5}, Amendment to the Land Development Requlations,
Findincls: In addition to the provisions of Section 1.1.6(A), the City Commission
must make a finding that the text amendment is consistent with and furthers the
Goals, Objectives, and Policies of the Comprehensive Plan.
This amendment is not being:initiated to fulfill any specific Comprehensive Plan policy.
While the amendment does not specifically further the Goals, Objectives, and Policies
of the Comprehensive Plan, it is not inconsistent with them.
Downtown Development Authority (DDA): The DDA Board reviewed the proposed
amendment at its meeting on October 18, 2000. The Board recommended approval of
the amendment.
West Atlantic Redevelopment Coalition (WARC): The West Atlantic Avenue
Redevelopment Area includes 2 blocks within the OSSHAD district which would be
affected by the elimination of the one-time one space parking reduction. The Board
reviewed the proposal at its meeting on November 8, 2000. The Board did not support
the proposal to eliminate the one-time, one space reduction since it would negatively
affect small redevelopment projects.
Community Redevelopment Agency (CRA): The CRA reviewed the proposed
amendment at its meeting of November 9, 2000. The Board recommended approval of
the increase in parking requirements for restaurants in the original DDA portion of the
CBD. The Board felt that this would level the playing field and encourage restaurants to
locate in other locations in the CBD and OSSHAD, such as Pineapple Grove. The
Board did not support the elimination of the one-time, one space parking of reduction,
since this would negatively affect small redevelopment projects.
Pineapple Grove Main Street: To proposed amendment was submitted to Pineapple
Grove Main Street for review and comment. The Committee's comments, if any, will be
presented at the meeting.
Planning & Zoning Memorandum Staff Report
Text Amendment for Restaurant Parking in CBD & One Time One Space Parking Reduction
Page 4
I
1. Continue with direction.
2. Recommend approval based upon a finding that the proposed amendment is
consistent with and further the Goals, Objectives, and Policies of the
Comprehensive Plan.
3. Recommend denial, in whole or in part, in that the proposed amendment is'not
appropriate with reason stated.
Recommend that the City Commission adopt amendments to Land Development
Regulations (LDRs) Section 4.4.13(G) Supplemental District Requlations for the
Central Business District dealing with the parking requirements for restaurants in the
original DDA area, based upon positive findings with LDR Section 2.4.5(M).
Recommend that the City Commission deny the amendments to Land Development
Regulations (LDRs) Section 4.4.13(G) Supplemental District Requlations for the
Central Business District and Section 4.4.24(G) Supplemental District Requlations
for the Old School Square Historic Arts District deleting the one time one space
parking reduction.
s:~planning & zoning\boards\p&z board\text amendment for restaurant parking.doc
Planning & Zoning Memorandum Staff Report
Text Amendment for Restaurant Parking in CBD & One Time One Space Parking Reduction
Page 5
Section 4.4.13 Central Business (CBD) District:
(G) Supplemental District Regulations: In addition to the supplemental district
regulations as set forth in Article 4.6, except as modified below, the following shall also
apply.
(1) Parking:
(a)
Within that portion of the CBD bounded by Swinton Avenue on.the
west, N.E. 1st Street on the north, the Intracoastal Waterway on the
east and S.E. 1st Street on the south, parking requirements shall apply
to new floor area and restaurants only. Except for restaurants,
chanqes Ghacu3es in use (both residential and non-residential) shall not
be required to provide .additional on-site parking. The parking required
for the creation of new non-residential floor area, except restaurants
shall be at the rate of one space for each 300 square feet, or fraction
thereof, of floor area in addition to the replacement of any previously
required parking which may be eliminated. Within all other geographic
areas of the CBD Zone District, the provisions of Section 4.6.9(C) shall
apply, as further modified within this Subsection (G)(1).
(ab) If it is impossible or inappropriate to provide required parking on-site or
off-site, pursuant to Subsection 4.6.9(E)(4), the in-lieu fee option
provided in Section 4.6.9(E)(3) may be applied.
(dc)The parking requirement for restaurants is established at six (6) spaces
per 1,000 square feet of floor area.
(ed._)The parking requirements for residential units in multi-family structures
and mixed-use buildings shall be as follows:
· Efficiency dwelling unit 1.0 space/unit
· One bedroom dwelling unit 1.25 spaces/unit
· Two or more bedroom dwelling unit 1.75 spaces/unit
· Guest parking shall be provided cumulatively
as follows:
- for the first 20 units 0.50 spaces/unit
- for units 21-50 0.30 spaces/unit
- for units 51 and above 0.20 spaces/unit
Planning & Zoning Memorandum Staff Report
Text Amendment for Restaurant Parking in CBD & One Time One Space Parking Reduction
Page 6
Section 4.4.24 Old School Square Historic Arts District (OSSHAD):
(G) Supplemental District Requlations: Supplemental district regulations as set
forth in Article 4.6, except as modified herein, apply:
a. pp!!ed '
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENTS TO THE
LAND DEVELOPMENT REGULATIONS TO MODIFY
THE PARKING REQUIREMENTS FOR
RESTAURANTS IN THE ORIGINAL DOWNTOWN
DEVELOPMENT AUTHORITY (DDA) AREA AND TO
DELETE THE ONE TIME ONE SPACE PARKING ~
REDUCTION IN THE CENTRAL BUSINESS DISTRICT
(CBD) AND OLD SCHOOL SQUARE HISTORIC ARTS
DISTRICT (OSSHAD) (ORDINANCE 34-00)
AND
NOTICE OF PROPOSED AMENDMENTS TO
APPENDIX "A", "DEFINITIONS", OF THE.LAND
DEVELOPMENT REGULATIONS TO MODIFY THE
DEFINITIONS OF ALCOHOL AND DRUG ABUSE
TREATMENT FACILITIES (ORDINANCE 35-00)
The City Commission of the City of Delay 8each, Florida, Fopoees to I~ the following ordirances:
ORDINANCE NO. 344)0
AN ORDINANCE OF THE CITY COMMISSION OF THEClTY OF DEI. RAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, 'CENTRAL BUSI-
NESS DISTRICT (CBD)", OF THE LAND DEVELOPMENT REGULATIONS BY AMENDING SUBSECTION 4.4.13 (G), 'SUPPLEMENTAL DIS-
TRICT REGULATIONS,"TO INCREASE THE PARKING REQUIREMENT FOR RESTAURANTS IN THE ORIGINAL DOWNTOWN DEVELOPMENT
AUTHORITY (DDA) AREA, AMENDING SECTION 4.4.13, ~CENTRAL BUSINESS DISTRICT (CBD)", SUBSECTION 4 4.13(G), 'SUPPLEMENTAL
DISTRICT REGULATIONS," AND SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)', SUBSECTION 4 4.24(G),
'SUPPLEMENTAL DISTRICT REGULATIONS", BY DELETING THE ONE TIME ONE SPACE PARKING REDUCTION; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 3S-0O
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING APPENDIX 'A', 'DEFINITIONS', OF
THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING THE DEF-
INITION OF "ALCOHOL AND DRUG ABUSE TREATMENT FACILITY' AND ENACTING THE DEFINITIONS OF "RESIDENTIAL ALCOHOL AND
DRUG ABUSE TREATMENT FACILITY' AND "NON-RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITY' TO CONFORM TO
CHANGES IN THE FLORIDA STATUTES, AMENDING SECTION 4.3.3(D), "ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES"', OF THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH TO REFLECT CHANGES MADE
TO THE DEFINITION OF "ALCOHOL AND DRUG ABUSE TREATMENT FACILITY', AND TO PROVIDE SPACING REQUIREMENTS BETWEEN
SCHOOLS AND OTHER ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES; AMENDING SECTION 4 4 60FTHE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG
ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE RM ZONING DISTRICT; AMENDING SECTION 4.4.9 OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH TO SPECIFY THAT RESIDENTIAL
ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE GC ZONING DISTRICT' AMENDING SECTION
4.4 13 OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY B~.~CH TO SPECIFY THAT
RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE CBD ZONING DISTRICT, AMEND-
lNG SECTION 4 4 16 OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH TO
SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITION USE IN THE POD ZONING DIS-
TRICT, AMENDING SECTION 4 4 17 OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DEL-
RAY EACH TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITION USE IN THE RO
ZONING DISTRICT; AMENDING SECTION 4.4.21 OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILrr'IES ARE A CONDITIONAL
USE IN THE CF ZONING DISTRICT; AMENDING SECTION 4.4.24 OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDI-
NANCES OF THE CITY OF DELRAY BEACH TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE
A CONDITIONAL USE IN THE OSSHAD ZONING DISTRICT; AMENDING SECTION 4.6.9 OF THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH TO SPECIFY THE OFF-STREET PARKING REQUIREMENTS FOR RESI-
DENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES; PROVIDING A SAVING CLAUSE; A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE
fThme City Commission will conduct two (2)Public Hearings for the puq:x3se of accepting public testimony regarding the proposed ordinances The
t Public Hearing will be held on TUESDAY. DECEMBER 12. 20{)0. A 7:00 P.M.. in the Commission chambers a[ City hell, 100 N W 1st Avenue,
De/ray Beach, Florida If the proposed ordinances are passed on flint readl~g, a second Public hearing will be held on ~
2001. AT 7:00 P.M.. (or at any continuation of such meeting which is set by the Commission).
All interested citizens are invited to attend the public hearings and comment upon the proposed ordinances or submit their comments in writing on
or before the date of these hearings to the Planning and Zoning Department. For furlher information or to obtain a copy of the proposed ordinances,
please contact the Planning and Zonin~g. Deparlmont, C~y Hall, 100 N.W 1st Avenue, Delray Beach, Florida 33444 (Phone 561/243-7040), between
Ihe 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 COMMISSIOI~ WITH RESPECT TO
ANY MA'CI'ER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD
PURSUANT TO FS 286.0105.
PUBLISH Boca RatorVDelay Beach News CITY OF DELRAY BEACH
December 5, 2000 Nison MacGregor Harly
December 27, 2000 Ck~ Clerk