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Ord No. 39-17 :- ORDINANCE NO.39-17 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING CHAPTER FOUR, "ZONING REGULATIONS", ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.13, "CENTRAL BUSINESS DISTRICT (CBD)", BY IADDING SUBSECTION 4.4.13(1)(2)(i) "CBD PARKING STANDARDS", "MINIMUM NUMBER OF OFF-STREET PARKING SPACES"TO NOT REQUIRE ADDITIONAL PARKING FOR CHANGES IN USE IN EXISTING COMMERCIAL BUILDINGS WITHIN THE WEST ATLANTIC NEIGHBORHOOD SUB-DISTRICT, PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS,pursuant to Florida Statute 163.3174(4)(c),the Planning and Zoning Board, sitting as the Local Planning Agency(LPA),has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan•' and I' WHEREAS,pursuant to LDR Section 1.1.6,the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on September 18, 2017 and voted 6 to 0 to recommend that the changes be approved; and WHEREAS,the City Commission of the City of Delray Beach adopted the findings in the Planning I and Zoning Staff Report; and, WHEREAS, the City Commission of the City of Delray Beach finds the Ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,FLORIDA,AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. I Section 2. That Section 4.4.13, "Central Business District (CBD)", Subsection (I) "CBD parking standards, Sub-Subsection(2) "Minimum number of off-street parking spaces", paragraph (i) of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (i) Within the West Atlantic Neighborhood Sub-district,west of NW/SW 4t11 Avenue and east of NW/SW 12'Avenue,changes in commercial use within existing commercial buildings shall not be required to provide additional on-site parking.The provisions of this sub-subsection shall only be effective until December 31,2020, and subject to submittal of a building permit. �I -- Section 3. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. 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 this Ordinance. I Section 5. Specific authority is hereby given to codify this Ordinance. I Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. I PASSED AND ADOPTED in regular session on second and final reading on this the 7'day of November,2017. i MAYOR ATTEST: ` j CITY CLERK I First Reading: October 17,2017 �I Second Reading:November 7,2017 I. APPROVED AS TO FCS ,ND LEGA SF,ICIEN� z ry: R. Mix Lohman, City Attorney i Ordinance No. 39-17 �' Page 2 of 2