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33-95 ORDINANCE NO. 33-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, ~CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(H), "SPECIAL REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY DELETING SUBPARAGRAPHS 4.4.13(H)(3) AND 4.4.13(H)(4) IN THEIR ENTIRETY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of May 15, 1995, and has forwarded the change with a recommendation of approval by unanimous vote; 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 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: ~ That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(H), "Special Regulations", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended by repealing subparagraphs 4.4.13(H)(3) and 4.4.13(H)(4) in their entirety, to delete the special use provisions for the light industrial area along the F.E.C. Railroad corridor in the downtown area. ~ That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 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 this ordinance shall become effective immediately upon passage on second and final reading. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~ /~ - MEETING OF JUNE 20. 1995 SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 33-95 (DELETING SPECIAL USE PROVISIONS FOR PROPERTIES LOCATED ALONG THE F.E.C. RAILROAD CORRIDOR IN THE DOWNTOWN AREA) DATE: JUNE 14, 1995 This is second reading and public hearing for Ordinance No. 33-95 which amends Sections 4.4.13(H)((3) and (4), Central Business District Special Regulations, of the Land Development Regulations by deleting the special use provisions for the light industrial area along the F.E.C. Railroad corridor in the downtown area. Currently there exists a provision in the CBD zoning regulations that allows certain uses of a light industrial nature to be conducted in an area that is generally defined as being 100 feet on either side of the railroad, north of N.E. 1st Street and south of S.E. 1st Street. This "overlay zone" has created difficulties in implementation and enforcement. In some cases the boundaries cross through the middle of the lots. It also includes some properties that are zoned General Commercial, and not CBD. In addressing these problems and the uses in this area, the CBD Industrial Committee determined that it would be more appropriate to create a separate zoning district along the rail corridor. With the creation and application of the new CBD-RC district, it is necessary to eliminate the overlay zone. It should be noted there are certain areas that are within the overlay zone which are not proposed to be rezoned to CBD-RC. Information on these areas as well as additional background and analysis is contained in the attached staff report. The Planning and Zoning Board formally considered the amendment at public hearing on May 15, 1995, and voted 6 to 0 to recommend that it be approved. On June 6, 1995, the Commission voted unanimously to pass the ordinance on first reading. Recommend approval of Ordinance No. 33-95 on second and final reading. ref: agmemol3 CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN CITY MANAGER FROM: DIANE DOMINGUEZ(~~/~'~ DIRECTOR OF PLANNrNG AND ZONING SUBJECT: MEETING OF JUNE 6, 1995 LDR AMENDMENT DELETING SPECIAL USE PROVISIONS FOR PROPERTIES LOCATED WITHIN 100' OF THE F.E.C. RAILROAD IN THE CBD ZONING DISTRICT ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is the approval of an amendment to Sections 4.4.13(H)(3) and (4), Central Business District (CBD), Special Regulations, deleting the special use provisions for the light industrial area along the F.E.C. rail corridor in the downtown area. BACKGROUND Currently there exists a provision in the CBD zoning regulations that allows certain uses of a light industrial nature to be conducted in an area that is generally defined as being 100' on either side of the railroad, north of N.E. 1st Street, and south of S.E. 1st Street. This "overlay zone" as described has created difficulties in implementation and enforcement. In some cases the boundaries cross through the middle of the lots. It also includes some properties that are zoned General Commercial, and not CBD. In addressing these problems, and the uses in this area, the CBD Industrial Committee determined that it would be more appropriate to create a separate zoning district along the rail corridor. With the creation and application of that new zoning district, it is necessary to eliminate the overlay zone. It should be noted that there are certain areas that are now contained within the overlay zone, that are not proposed to be rezoned to CBD-RC. Information on those areas, as well as additional background and analysis, is contained in the attached P & Z Board staff report. PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board held a public hearing on this item on May 15, 1995. There was no testimony from the public. The Board voted unanimously to recommend approval of the amendment. RECOMMENDED ACTION By motion, approve the amendment deleting Sections 4.4.13(H)(3) and (4) of the Land Development Regulations. Attachment: * P & Z Staff Report PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: MAY 15, 1995 AGENDA ITEM: V.J. AMENDMENT TO THE LDRS DELETING THE SPECIAL USE PROVISIONS FOR PROPERTIES LOCATED WITHIN 100' OF THE FEC RAILROAD IN CERTAIN AREAS OF THE CBD ZONING DISTRICT ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission regarding an' · amendment to the Land Development Regulations (LDRs). The affected LDR sections are 4.4.13(H)(3) and (4), Central Business District (CBD), Special Regulations. BACKGROUND: Since the 1950's, an "overlay" zone has existed which applies to the blocks located adjacent to the F.E.C. railroad corridor in the downtown area. Within this area, certain uses of a light industrial character have been permitted which are not permitted elsewhere within the overall zoning district. Although the boundaries of the overlay zone have been modified over the years, it has primarily consisted of the area that is 100' on either side of the railroad right-of-way, between N.E. 4th Street and S.E. 4th Street. Currently the overlay zone consists of two sections that are described within the Central Business District zoning district regulations, as referenced above. The locations as described have created difficulties in implementation and enforcement. In some cases the boundaries cross through the middle of lots, and in others they include blocks that are zoned GC (General Commercial) and not CBD. In response to these and other problems experienced in this part of the downtown, a committee was established to study the area and determine the appropriate course of action. The CBD Industrial Area Committee recommended that the overlay zone be replaced by a. new zoning district entitled CBD-RC, Central Business District--Railroad Corridor. With the creation and application of that zoning district, it is necessary to eliminate the language in the CBD regulations referring to the overlay zone. ANALYS I S: This amendment., deletes LDR sections 4.4.13(H) (3) and (4) in their entirety. As the overlay zone is being replaced by the new district, it is appropriate to delete the references to that zone. P & Z Memorandum Staff Report LDR Amendment Deleting the CBD Overlay Zone Page 2 In most cases the replacement of the overlay zone with the CBD-RC district will allow increased flexibility in the types of permitted and conditional uses allow. However, there are some areas that are currently included in the overlay zone, but were not recommended by the committee for rezoning to CBD-RC. One of these areas includes the blocks on either side of the railroad between N.E. 1st and N.E. 2nd Streets. The committee felt that the existing uses, which mainly consist of single family homes, vacant property, and a newly constructed building (for carpet sales and carpet cleaning machines and supplies) were more appropriately zoned CBD. In' addition, the area immediately east of the railroad and just south of N.E. 4th Street was not included in the CBD-RC. These lots front on Federa~ Highway, and the committee did not want to see light industrial type uses established along that corridor. This amendment is the final step in a series of actions that were necessary to create and apply the CBD-RC zoning district. Additional analysis regarding the basis for this amendment is contained in the April 17, 1995 P & Z staff report for the LDR amendment creating the CBD-RC zoning district, and in the May 15', 1995 P & Z staff report for the rezoning to CBD-RC. RECOMMENDED ACTION: By motion, recommend to the City Commission the amendment to the Land Development Regulations deleting Sections 4.4.13(H)(3) and (4). Attachments: * Proposed LDR amendment Proposed amendment to LDR Section 4.4.13(H) of the Land Development Regulations (Central Business District--Special Regulations): ~ Ol~D~m~m~ . _,..~iN~ -~,~ U~LRA¥ · ~ p~T ~lVf] ~.. , I~ 'CT), ~ ~TE, ' ~u ~ 'lNG · (~D ~'~ ~ENT~J.~u~N~ SEC ~ ~D ~ TION~ I ~TE. , ~ND AN EFFEc,' CITY OF DELRAY BEACH, FLORIDA NOTICE OF PUBLIC HEARING A PUBLIC HEARING will be held on the following proposed ordinances at 7:00 P.M. on TUESDAY, JIRTE 20, 1995 (or at any continuation of such meeting which is set by the Commission), in the City Commission Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida, at which time the City Commission will consider their adoption. The proposed ordinances may be inspected at the Office of the City Clerk at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, between the"hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. All interested parties are invited to attend and be heard with respect to the proposed ordinances. ORDINANCE NO. 29-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL, APPROXIMATELY 1,400 FEET SOUTH OF ATLANTIC AVENUE, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO POC (PLANNED OFFICE CENTER) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 30-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE FUTURE LAND USE MAP DESIGNATION FROM GENERAL COMMERCIAL, IN PART, AND TRANSITIONAL, IN PART, TO COMMERCIAL CORE, FOR PROPERTY LOCATED IN BLOCKS 77, 78 AND 86, TOWN OF DELRAY PLAT, AS MORE PARTICULARLY DESCRIBED HEREIN, ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 31-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REESTABLISHING THE SAD (SPECIAL ACTIVITIES DISTRICT) ZONING CLASSIFICATION FOR A PARCEL OF LAND LOCATED AT THE SOUTHEAST CORNER OF GEORGE BUSH BOULEVARD AND PALM TRAIL KNOWN AS MARINA DELRAY, AS MORE PARTICULARLY DESCRIBED HEREIN; GRANTING SITE PLAN APPROVAL WITH CERTAIN CONDITIONS; PROVIDING FOR AN IMPROVEMENT SCHEDULE FOR THE INSTALLATION OF IMPROVEMENTS TO THE SITE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 32-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CBD (CENTRAL BUSINESS DISTRICT), IN PART, GC (GENERAL COMMERCIAL) DISTRICT, IN PART, AND SAD (SPECIAL ACTIVITIES DISTRICT), IN PART, IN THE CBD-RC (CENTRAL BUSINESS DISTRICT--RAILROAD CORRIDOR) DISTRICT; SAID LAND BEING GENERALLY LOCATED IN THE DOWNTOWN AREA ADJACENT TO THE F.E.C. RAILROAD CORRIDOR, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 33-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(H), "SPECIAL REGULATIONS" OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRA~ BEACH, FLORIDA, BY DELETING SUBPARAGRAPHS 4.4.13(H) (3) AND 4.4.13(H) (4) IN THEIR ENTIRETY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 34-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBSECTION 4.5.1(M), "TAX EXEMPTION FOR HISTORIC PROPERTIES", TO AUTHORIZE AD VALOREM TAX EXEMPTIONS. FOR HISTORIC PROPERTIES; ESTABLISHING REQUIREMENTS AND PROCEDURES; DESIGNATING THE HISTORIC PRESERVATION BOARD TO REVIEW APPLICATIONS AND MAKE RECOMMENDATIONS TO THE CITY COMMISSION; ESTABLISHING PENALTIES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing, such person will need a record of these proceedings, and for this purpose 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 or prepare such record. Pursuant to F.S. 286.0105. PUBLISH: Delray Beach News CITY OF DELRAY BEACH June 9, 1995 Alison MacGregor Harry City Clerk Instructions to the Newspaper: This is a standard legal advertisement to be published in the legal/classified section of the newspaper. There are no special requirements. Thank you.