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Ord 01-02ORDINANCE NO. 1-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 4.4.11, "NEIGHBORHOOD COMMERCIAL (NC) DISTRICT", SUBSECTION (B), PARAGRAPH (2) BY ELIMINATING EQUIPMENT RENTAL AS A PERMITTED USE; AND SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED", BY ENACTING A NEW PARAGRAPH (4) TO ADD EQUIPMENT RENTAL AND DISPLAY AS A CONDITIONAL USE IN THE NEIGHBORHOOD COMMERCIAL (NC) ZONING DISTRICT; 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 December 17, 2001 and voted 6 to 0 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 determined that the change is consistent with and furthers 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", Article 4.4, "Base Zoning District", Section 4.4.11, "Neighborhood Commercial (NC) District", Subsection (B), "Principal Uses and Structures Permitted", Paragraph (2), 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: Section 4.4.11 Neighborhood Commercial (NC) District: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the NC district as a permitted use: (2) Provision of services such as: barber and beauty shops; dry deaning limited to on-site processing for customer pickup only; dry cleaning and laundry pickup stations; financing e.g. banks and similar institutions excluding drive-through facilities; laundromats limited to self-service facilities; dining at sit down restaurants including takeout and ice cream parlors but excluding drive-in, drive-through facilities; .... : ..... I; d ~q~',v,,,~,,- rcnta newsstan s. Section 2. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.11, "Neighborhood Commercial (NC) District", Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by enacting a new Paragraph (4) to read as follows: Section 4.4.11 Neighborhood Commercial (NC) District: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the NC District: (4) Equipment rental and display. 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 ~t. 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. 5' PASSED~u')~D ADOPTED in regular session on second and final reading on this the ..... dayof__c~__.~~_~ ., 200~. ~t~ ~~ ATTEST City Clerk First Reading_~__- Second Re adin~/~d'~_,~__O_O__~ MAYOR 2 ORD. NO. 1432 t lO0 :~ (~l~f HM, 100 N.W. ls~ Avenue, Deg- ~ ~1~ ~ 4.4.11 ~(4)~~ ~M ~Y ~ A ~O~ I~ ~) ~ DiS- I~ A ~ ~R ~BES', BY ~ A aA~A 100 ANNOUNCEMENTS AN ORDINANCE OF THE CITe COM- MISSION OF THE CITY OF DELRAY BEACH. FLORIDA. REZONING LAND PRESENTLY ZONED RM MULTIPLE FAMILY RESIDENT,AL - MEDIUM CE'NSII'Y) TO CBD (CENTRAL BUSI- NESS DISTRICT~, SAID LAND BEING A PARCEL LOCATED ON THE EAST SIDE OF 9RONSON AVENUE APPROXI- MATELY 100'. SOUTH OF EAST ATLAt~IC A¥~NUE. KS MORE PAR- TtCL.tLARL~( OESCRI~EO HERE%N; PROVIDING A GENERAL REPEALER CLAUSE~ A SAVING CLAUSE, AND AN Plea~ be advt~d that I a persoo W t~e Cly Camm~dm w~m r~ ~o /s 1o be ~oase(L The C,~ly does ne( m to F.$.~.0106. CITY OF 0ELRAY BEACH CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENTS TO THI~' LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH TO SECTION 4.4~tt(B) & (D) NC (NEIGHBORHOOD COMMERCIAL) DISTRICT TO ALLOW EQUIPMENT RENTAL AND DISPLAY AS A CONDITIONAL USE The City Commission of the City of Delray Beach, Flodda, proposes to adopt the following ordinance: ORDINANCE NO. 01-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 4.4.11, 'NEIGHBORHOOD COMMERCIAL (NC) DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", PARAGRAPH (2) BY ELIMINATING EQUIPMENT RENTAL AS A PERMI'I-I'ED USE; AND SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED", BY ENACTING A NEW PARAGRAPH (4) TO ADD EQUIPMENT RENTAL AND DISPLAY AS A CONDITIONAL USE IN THE NEIGHBORHOOD COMMERCIAL (NC) ZONING DISTRICT; 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 will be held on TUESDAY, JANUARY 87 20027 AT 7:00 P.M. in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If the proposed ordinance is passed on first reading, a second Public Hearing will be held on TUESDAY~ FEBRUARY 5~ 2002, 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 headngs and comment upon the proposed ordinance or submit their comments in writing on or before the date of these heatings 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, 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. CITY OF DELRAY BEACH Barbara Gadto City Clerk PUBLISH: Boca Raton/Delray Beach News ri, l~y~(~/.~4 T-aeeelay, December 31, 2001 Thursday, January 31, 2002 Ad, NS 120197 CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH TO SECTION 4.4.11(B) & (D) NC (NEIGHBORIIOOD COMMERCIAL) DISTRICT TO ALLOW EQUIPMENT RENTAL AND DISPLAY AS A CONDITIONAL USE The City Commission of the City of Delray Beach, Florida, proposes to adopt the following ordinance: ORDINANCE NO. 01-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 4.4.11, "NEIGHBORHOOD COMMERCIAL (NC) DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", PARAGRAPH (2) BY ELIMINATING EQUIPMENT RENTAL AS A PERMITTED USE; AND SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED", BY ENACTING A NEW PARAGRAPH (4) TO ADD EQUIPMENT RENTAL AND DISPLAY AS A CONDITIONAL USE IN THE NEIGHBORHOOD COMMERCIAL (NC) ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Commission will conduct two (2) Public Heatings for the purpose of accepting public testimony regarding the proposed ordinance. The first Public Hearing will be held on TUESDAY~ JANUARY 8~ 2002~ AT 7:00 P.M. in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If the proposed ordinance is passed on first reading, a second Public Heating will be held on TUESDAY~ FEBRUARY 5~ 2002~ 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 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, 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. CITY OF DELRAY BEACH Barbara Garito City Clerk PUBLISH: Delray Beach News Tuesday, December 31, 2001 Thursday, January 31, 2002 INSTRUCTIONS TO NEWSPAPER: This ad is not to be placed in the legal ads/classified section of the newspaper. It must be at least two standard columns wide and ten inches long. The entire headline must be an 18 point bold headline. Thank you. MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGE~ A(3ENDA ITEM /O ~2> - REGULAR MEETIN(3 OF FEBRUARY 5. 2002 ORDINANCE NO. 1-02 (ALLOWING EQUIPMENT RENTAL AND DISPLAY AS A CONDITIONAL USE IN THE NEIGHBORHOOD COMMERCIAL {NC) ZONING DISTRICT) FEBRUARY 1, 2002 This is second reading and a second public hearing for Ordinance No. 1-02 which amends LDR Section 4.4.11(B) which eliminates equipment rental as a principal use and 4.4.11(D), to allow "Equipment Rental and Display" as a conditional use, in the Neighborhood Commer_ei,! (NC) Zoning District. Previously City Commission approved on second reading a text amendment to the NC zoning district regulations (LDR Section 4.4.11(B)(3), this amendment eliminated the restrictions on the types of business and professional office uses allowed, as well as prohibited outdoor storage of any kind, except as specifically permitted within the NC zoning district. There was discussion by the Commission on how the prohibition of outdoor storage would make the outside display function of the existing equipment rental facility (229 Seacrest Boulevard) non- conforming. As the amendment was ptivately initiated staff recommended that the ordinance be approved and that a further LDR amendment be made at a later date to allow equipment rental and display as a conditional use. This ordinance addresses this action. At first reading and the first public hearing on January 8m, the City Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 1-02 on second and final reading. Re~gmemo21.Ord. l-02 Equipment Rental & Display.02.05.02 TO: THRU: FROM: SUBJECT: MEETING OF JANUARY 8, 2001 AMENDMENT TO LDR SECTIONS 4.4.11(B), TO ELIMINATE EQUIPMENT RENTAL AS A PRINCIPAL USE AND 4.4.11(D), TO ALLOW "EQUIPMENT RENTAL AND DISPLAY" AS A CONDITIONAL USE, IN THE NEIGHBORHOOD COMMERCIAL (NC) ZONING DISTRICT. At its meeting of August 7, 2001, the City Commission approved on second reading a text amendment to the NC zoning district regulations [LDR Section 4.4.11(B)(3)]. This amendment eliminated the restrictions on the types of business and professional office uses allowed, as well as prohibited outdoor storage of any kind, except as specifically permitted within the NC zoning district. The Commission discussed how the prohibition of outdoor storage would make the outside display function of the existing equipment rental facility (2219 Seacreast Boulevard) non- conforming. As the amendment was privately initiated staff recommended that the ordinance be approved and that a further LDR amendment be made at a later date to allow equipment rental and display as a conditional use. This amendment is now before the Board for action. The Planning and Zoning Board held a public hearing regarding this item at its meeting of December 17, 2001. There was no public testimony regarding the request. After discussing the amendment, the Board voted 7-0 to recommend to the City Commission approval of the proposed text amendment, based upon positive findings with respect to LDR Section 2.4.5(M). By motion, approve on first reading the amendment to LDR Sections 4.4.11(B) and (D), based upon the findings and recommendations of the Planning and Zoning Board, and set a public hearing date of February 5, 2002. Attachments: · P&Z Board Staff Report of December 17, 2001 · Proposed Ordinance by Others ORDINANCE NO. 1-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 4.4.11, "NEIGHBORHOOD COMMERCIAL (NC) DISTRICT", SUBSECTION (B), PARAGRAPH (2) BY ELIMINATING EQUIPMENT RENTAL AS A PERMITTED USE; AND SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED", BY ENACTING A NEW PARAGRAPH (4) TO ADD EQUIPMENT RENTAL AND DISPLAY AS A CONDITIONAL USE IN THE NEIGHBORHOOD COMMERCIAL (NC) ZONING DISTRICT; 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 December 17, 2001 and voted 6 to 0 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 determined that the change is consistent with and furthers 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", Article 4.4, "Base Zoning District", Section 4.4.11, "Neighborhood Commercial (NC) District", Subsection (B), "Principal Uses and Structures Permitted", Paragraph (2), 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: Section 4.4.11 Neighborhood Commercial (NC) District: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the NC district as a permitted use: (2) Provision of services such as: barber and beauty shops; dry cleaning limited to on-site processing for customer pickup only; dry cleaning and laundry pickup stations; financing e.g. banks and similar institutions excluding drive-through facilities; laundromats limited to self-service facilities; dining at sit down restaurants including takeout and ice cream parlors but excluding drive-in, drive-through facilities; .... : .......... ~-newsstands. Section 2. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.11, "Neighborhood Commercial (NC) District", Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by enacting a new Paragraph (4) to read as follows: Section 4.4.11 Neighborhood Commercial (NC) District: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the NC District: (4) Equipment rental and display. 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 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 the ..... day of ., 200 ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD. NO. 1.02 MEETING DATE: AGENDA ITEM: DECEMBER 17, 2001 V. B. - AMENDMENT TO LDR SECTIONS 4.4.11(B), TO ELIMINATE EQUIPMENT RENTAL AS A PRINCIPAL USE AND 4.4.11(D), TO ALLOW "EQUIPMENT RENTAL AND DISPLAY" AS A CONDITIONAL USE, IN THE NEIGHBORHOOD COMMERCIAL (NC) ZONING DISTRICT. The item before the Board is that of making a recommendation to the City Commission regarding an LDR amendment to Section 4.4.11(B), Principal Uses and Structures Permitted, to eliminate "equipment rental" and to Section 4.4.11(D), Neighborhood Commercial (NC) zoning district, Conditional Uses and Structures Allowed, to allow "equipment rental and display" as a conditional use, 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. At its meeting of August 7, 2001, the City Commission approved on second reading a text amendment to the NC zoning district regulations [LDR Section 4.4.11 (B)(3)], which eliminated the restrictions as to the types of business and professional office uses allowed, as well as prohibited outdoor storage of any kind, except as specifically permitted within the NC zoning district. The Commission discussed how the prohibition of outd(~or storage would make that aspect of the existing equipment rental facility, which has co-existed with the surrounding neighborhood for many years, non-conforming (2219 Seacreast Boulevard). However, as the amendment was privately initiated staff recommended that the ordinance be approved and that a modification to the ordinance be made at a later date to allow equipment rental and display as a conditional use. This modification is now before the Board for action. The request is to allow "equipment rental and display" as a conditional use within the NC zoning district. LDR Section 2.4.5(M)(5) Findinqs: 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. Planning and Zoning Bc~ard Staff Report LDR Amendment to Outdoor Storage as a Conditional Use within the NC Zoning District. Page 2 The purpose and intent of the NC zoning district is to provide the opportunity to locate limited retail and service uses in a manner convenient to and yet not disruptive to residential areas. The display and storage of items associated with an equipment rental facility are synonymous with each other. Based upon the recent text amendment, it seemed that a provision should be made to continue to allow this type of facility in the NC zone district. There are concerns regarding the method of display and storage of rental equipment. Scissor lifts, cherry pickers, etc. are often stored in an up or raised position where their visibility is increased. This method of storage draws greater attention to these items and consequently has a negative visual impact upon the surrounding area. While having equipment rental facilities conveniently located near residential areas is an acceptable situation, should the equipment be displayed in such a manner as discussed above the use would most certainly be disruptive to nearby residential areas. Allowing this use as a conditional use provides the vehicle to restrict the way items are displayed via a specific condition of approval. In 1993, a similar text amendment was approved that allowed "Display and Sale of Lawn Furniture, Playground Equipment, Sheds and Accessories," as a conditional use. This use was listed as a conditional use due to the extensive outdoor display/storage component of the use and the potential visual impacts. Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no applicable goals, objectives or policies noted. While the amendment does not specifically further the goals, objectives, and policies of the Comprehensive Plan, it is not inconsistent with them. A. Continue with direction. B. Recommend approval of the text amendment to LDR Sections 4.4.11(B) and (D) based upon positive findings with respect to LDR Section 2.4.5(M)(5). Recommend denial of the text amendment to LDR Section 4.4.11(B) and (D), based upon failure to make positive findings with the respect to LDR Section 2.4.5(M)(5). By motion, recommend to the City Commission that LDR Section 4.4.11(D), Conditional Uses and Structures Allowed, be amended to allow "equipment rental and display" as a conditional use, based upon a positive finding with respect to LDR Section 2.4.5(M)(5). Attachments: · Proposed Amendment · NC Zoned Districts Map Planning and Zoning Board Staff Report LDR Amendment to Outdoor Storage as a Conditional Use within the NC Zoning District. Page 3 Section 4.4.11 Neic~hborhood Commercial (NC) District: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the NC district as a permitted use: (2) Provision of services such as: barber and beauty shops; dry cleaning limited to on-site processing for customer pickup only; dry cleaning and laundry pickup stations; financing e.g. banks and similar institutions excluding drive-through facilities; laundromats limited to self-service facilities; dining at sit down restaurants including takeout and ice cream parlors but excluding drive-in, drive- through facilities; equipment mnta!; newsstands. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the NC District: ('4) Equipment rental and display. CITY OF DELRAY BEACH, FLORIDA NC (NEIGHBORHOOD COMMERCIAL) ZONED DISTRICTS GULF STREAM BLVD, L*30 CANAL LAKE N.W. 2ND ST. $. W. 2ND $~ LINTON LEGEND: 1. PINE RIDGE ROAD & SEACREST BOULEVARD 2. HAMLET PLAZA 3. SOUTH OF HIGHLAND TRAILER PARK 4. DISCOUNT AUTO PARTS 5. FOUNTAINS AT DELRAY BEACH 6. S.E. CORNER OF A VENUE 'G" & FEDERAL HIGHWAY ONE MILE GRAPHIC SCALE crrY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT JULY 2001 - - DIGITAL BASE MAP SYSTEM ......... CrTY UMITS .........