67-95 ORDINANCE NO. 67-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4 4 22,
"OPEN SPACE (OS) DISTRICT", SUBSECTION 4.4.22(C),
"ACCESSORY USES AND STRUCTURES ALLOWED", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH,
BY ADDING "A BEACH CABANA CONCESSION, UNDER CONTRACT
WITH THE CITY, LIMITED TO THE RENTAL OF CHAIRS,
UMBRELLAS, CABANAS, AND BOOGIE BOARDS", AS AN
ACCESSORY USE; 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 a special meeting on
November 13, 1995, and voted 6 to ! to forward the change with a
recommendation of approval; 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:
SectiQn 1. That Chapter Four, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.22, "Open Space (OS)
District", Subsection 4.4.22(C), "Accessory Uses and Structures
Allowed", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
(C) Accessory Uses and Structures Allowed: The following
types of use are allowed when a part of, or accessory to, the
principal use:
(1) Parking lots
(2) Restrooms, rest areas, picnic facilities
(3) Interpretative trails, jogging and exercise
courses
(4) Lifeguard stands, headquarters and necessary
support facilities
(5) Maintenance facilities
(6) Boat ramps
~ beach cabana concession, under contract with the
City. limited to th~ rental of chairs, umbrellas, cabanas, and boccie
$ect$on 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
SectiQn 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.
~ection 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 5th day of December , 1995.
ATTEST:
- - ' Cit~ ~erk
First Reading November 21, 1995
Second Reading December 5~ 1995
- 2 - Ord. No. 67-95
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: A~ENDA ITEM ~ /O~ - MEETING OF DECEMBER 5. 1995
SECOND PUBLIC HEARING & SECOND READING FOR ORDINANCE NO.
67-95 (BEACH CABANA CONCESSIONS)
DATE: NOVEMBER 27, 1995
This is second reading and the second of two required public
hearings for Ordinance No. 67-95 which amends Section 4.4.22(C) of
the Land Development Regulations by adding "Beach cabana
concessions, under contract with the City, limited to the rental of
chairs, umbrellas, cabanas, and boogie boards" as an accessory use
in the Open Space (OS) zoning district.
The Planning and Zoning Board considered this item on November 13,
1995, with the majority of comments having to do with the
definition of "flotation device" After discussion, the Board
voted 6 to 1 to recommend approval, subject to a specific
definition of "flotation device" The Board further recommended
against allowing a portable shelter for the concession. At first
reading on November 21st, the Commission amended the ordinance by
changing the term "flotation devices" to the more specific "boogie
boards", and by deleting the proposed wording which would have
allowed the portable storage shelter for the beach cabana
concession. The revised ordinance was passed by a vote of 5 to 0.
This modification to the OS zoning district is necessary for the
Land Development Regulations to be consistent with the amended
Coastal Management Element objectives and policies proposed for
adoption as part of Comprehensive Plan Amendment 95-2. The
text of the Coastal Element has been revised in accordance with
Commission's direction to delete the portable structure for the
beach concession.
I suggested late in the meeting that an alternative might be to
allow the concessionaire to build a duplicate of a lifeguard
shelter at ground level and give it to the City as a permanent
facility for the cabana concession. Life guard shelters are six
feet square. It would be adequate for shelter from the sun and
security. I feel that the smaller facility (six feet square vs.
ten feet square) and having it owned by the City and identical to
the lifeguard stands is a reasonable compromise between the
competing interests on this issue.
Recommend consideration of Ordinance No. 67-95 on second and final
reading.
ref:agmemo6 ~~ ~-0 ~ ~C~ .~~t~. ~ ~
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIAN OR
DEPARTMENT OF PLANNING AND ZONING
FROM: JOHN WALKER, PROJECT COORDINATOR~~'~~
SUBJECT: MEETING OF NOVEMBER 21, 1995
AMENDMENT TO LAND DEVELOPMENT REGULATIONS,
SECTION 4.4.22, OPEN SPACE (OS) DISTRICT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of a request for
amendments to LDR Section 4.4.22, regarding beach use restrictions.
BACKGROUND:
As part of Comprehensive Plan Amendment 95-2, modifications were proposed
to various objectives and policies in the Coastal Management Element to clarify
the City's direction. As a result, the policies concerning beach uses in the
Comprehensive Plan were proposed to allow the beach cabana concession,
under contract to the City, with an appropriate shelter.
This direction relative to the uses allowed on the beach should be clearly
reflected in the Land Development Regulations (LDR). The beach is zoned OS
(Open Space), therefore, this zoning district was assessed for consistency with
the amended Comprehensive Plan. Modifications are proposed to the LDR's to
reflect the amendments to the Comprehensive Plan. The proposed
modifications are detailed in the Planning and Zoning Board Memorandum Staff
Report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its meeting of November
13, 1995. The following testimony was received:
City Commission Documentation
Amendment to Land Development Regulations - Section 4.4.22
Page 2
Sandra Almy expressed concern about the definition of the term "flotation
devices". She felt the term should be more specific to limit its application.
Kathy Stokes directed attention to the recommended language in her letter
(attached) relative to the definition of flotation devices.
Helen Coopersmith recommended a specific definition for flotation device.
Harvey Brown opposed allowing the concession to rent flotation devices at this
time.
The Board directed staff to further define flotation device. After discussion, the
Board voted (6-1) to recommend the amendment of Section 4.4.22 as follows:
4.4.22(C)(7) Beach cabana concession, under contract with the City. limited to
the rental of chairs, umbrellas, cabanas, and flotation devices.
The recommendation was made subject to a specific definition of "flotation
devices". That definition will be provided to the City Commission at the
November 21st meeting.
RECOMMENDED ACTION:
[] By motion, approve the amendment of Land Development
Regulation Section 4.4.22 as recommended by the Planning and
Zoning Board.
Attachments:
* P&Z Board Memorandum Staff Report of 11/13/95
S:~ADV~BCHLDR3
TO: P&Z Board
FROM: Kathy Stokes (1220 Southways)
DATE: November 13, 1995
RE: Item A. Comprehensive Plan Amendment 95-2 (Policies B-3.3 and C-10.1)
Item C. LDRs to Add "Beach Cabana Concession"
1. Permitted beach concessions (Policy B-3.3) should be limited to the traditional beach
cabana service.
I believe that the language in the current proposal is too broad to implement the City's objective
to grandfather in the traditional beach cabana service. The proposed amendment to Policy B-3.3
prohibits sales of food, beverages and sundries but allows "certain limited recreational amenities
for beach visitors." The proposal goes on to provide that concessions [note the plural] may be
allowed, and services may include [but are not limited to] the rental of chairs, umbrellas,
cabanas and flotation devices.
The change in policy should be tied directly to the traditional Municipal Beach cabana service
which dates back to the 1940's since there is no doubt that this recreational amenity contributes
to the enjoyment of the beach and promotes Delray's Village-by-the-Sea atmosphere. However,
the potential for "certain other limited recreation amenities for beach visitors" is nothing but a
Pandora's box.
This vague language will allow business interests now and in the future to pressure the City
Commission to approve concessions which could all arguably provided certain limited
recreational amenities for visitors. For example, other companies might seek contracts with the
city to provide additional cabana services spaced along the entire Municipal Beach. Other
proposals for "permitted" services could also include towel rentals; kayak, surfboard, hobie cats
and jetski rentals; kite sales; and sports equipment rental including roller blades (since the
"beach" includes the sidewalk).
To prevent the various issues outlined above from arising, the following language is proposed
for Policy B-3.3:
The high quality of the Municipal Beach shall be retained through current use restriction
programs. Efforts to provide concessions in the beach area shall be discouraged, and
requests for such on the beach shall be denied. However, based on a Municipal Beach
tradition dating from the 1940's, a single concession under contract with the City may
be allowed to permit the rental of lounges or chairs, umbrellas and cabanas. Cooking
on the beach shall be prohibited. Litter law enforcement shall be strictly enforced except
for publicly endorsed events.
2. The cabana services should be limited to the traditional offerings of beach chairs,
umbrellas and cabanas, and the term "flotation devices" stricken from Policy B-3.3
(see above) and the LDR.
Historically, the cabana service has only offered beach chairs, umbrellas and cabanas. In fact,
the current contract does not include flotation devices. Consequently, it is not appropriate to
include flotation devices in the policy statement and the LDR. Even if some rationale arises for
including flotation devices in the cabana service, such a change should only be made if these
flotation are more fully described in the policy statement and the LDR (e.g., "flotation devices
such as inflatable tubes but excluding surfboards, boats (such as kayaks or hobie cats), sail
boards or any other similar devices).
Consequently, the following language is proposed for Section 4.4.22(C)(7) of the City's LDRs:
Beach cabana concession, under contract with the City, limited to the rental of lounges
or chairs, umbrellas and cabanas.
3. "Cabana concession portable shelter" should be deleted from Policy C-10.I, and
LDR Section 4.4.22(C)(8) should be deleted in its entirety.
The proposed Comp Plan amendment to add "cabana concession portable shelter" to the original
list of exceptions for high-hazard area construction opens the door for all kinds of interpretation.
What is it we are proposing to allow?
Support Document//3 submitted by the City to the DCA states that "the company operating the
beach cabana concession [wants] to construct a 10' x 10' storage shed for their operation..."
(which sounds like a "Ted Shed"). However, a P&Z staff member recently described the
structure as a place for employees to be out of the sun and have a location where customers can
easily spot them (whi'ch sounds like a concession stand). The drawing from the company's
original request from this past Spring looks like a concession stand with a door and three or four
windows whose coverings appear to raise up as awnings.
For a company that's in the umbrella business, there is no need for a "storage shelter" to
provide shade for its employees. Also, it is the type of business that demands constant
monitoring. One wonders too why a structure is required now since for years John's Cabana
Service would pull a pick-up truck into one of the parking spaces at the beach and load the
chairs at the end of the day.
The proposed LDR for the structure is spot zoning at its worst. Here is an LDR providing for
a structure which has no size requirements (no maximum square footage is given in the LDR);
no location requirements (any where in OS zoning that is beach-related, including Atlantic Park
at the south end of the beach); no signage restrictions; no requirements regarding "portable"
(i.e., references to the City code on portable structures that are anchored); and removal
requirements for hurricane warnings. This building is such an extraordinary exception that the
source of many of the zoning requirements for this building will have to be incorporated into
the City contract.
BEACH PROPERTY OWNERS' ASSOCIATION INC.
P.O. Box 375
Delray Beach, FL 33444
November 10, 1995
Beach Property Owner's Association response to Item #3 on Planning
and Zoning Board of Delray Beach:
Amendment to Add Beach Cabana Concession as an accessory use
in the Open Space Zoning District.
Some six months ago the Delray Beach City Commission was con-
sidering possible sites for Beach Patrol Headquarters. One of the
four possibilities was to build headquarters on the beach, where it
simply made sense to have beach support on site. Of course, this
option was rejected immediately because it did not conform with the
spirit of Delray Beach City objectives for protecting the uniquely
pristine nature of our beach. Now we are being asked to accept the
placement of a permanent structure on the beach so that a conces-
sionnaire can "store equipment and keep necessary items to run the
business" to quote the March 15, 1995 application.
The Board of Trustees of the Delray Beach Property Owners'
Association met recently and unanimously voiced their objections to
the placement of such a structure. At very best the Beach Property
Owners' Association feels that this structure will set a precedent
that might lead to other structures. Why not a storage shed for the
beach cleaning vehicles, why not a maintenance shed for the repair of
lifeguard equipment? Why not a shop area where people can buy suntan
lotion, towels, food or flotation devices?
The greatest objection voiced was the commercialization of the
beach. The City of Delray Beach Cabana and Beach Equipment Contract
in no place specifies a beach structure for the storage and mainte-
nance of such necessary equipment. What it describes, is a conces-
sion for the rental of beach umbrellas, beach chairs, cabanas and
similar equipment. Today we are told in the support document that
this concession is under contract to provide services to beach visi-
tors, including the rental of chairs, umbrellas, cabanas and flotation
devices. We are concerned with this wording, because it expands the
services of this vendor. This creeping expansion underscores our
concern.
For the good of the beach, our most valuable economic resource,
let us maintain its' pristine quality. To build this structure
serves no need but the needs of the vendor, and that is not nearly
compelling enough.
Sincerely,
Franklin M. Bo~{ar,/D.~M.D.
Board of Trustees ~
Beach Property Owners, Association ~'~C~~
PLANNING & ZONfNG
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
FOR LDR AMENDMENTS
MEETING DATE: Special Meeting of November 13, 1995
AGENDA ITEM: II.C.
SUBJECT: Beach Use Restrictions
LDR REFERENCE: Section 4.4.22
ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation to the City
Commission on a proposed modification to the City's Land Development Regulations
(LDRs).
Pursuant to LDR Section 1.1.6, no amendment may be made until a recommendation
is obtained from the Planning and Zoning Board.
Pursuant to F.S. 163.3194(2), the Planning and Zoning Board is to review the
proposed amendment with respect to its relationship to the adopted Comprehensive
Plan of the City.
BACKGROUND:
The City Commission, at its meeting of April 18, 1995, considered an appeal of the
Site Plan Review and Appearance Board's approval of a structure for the beach
cabana concession which is under contract with the City. The concessionaire had
proposed the construction of a storage shed for their operation. The structure could
not be allowed under the present LDR. As a result of that consideration, the structure
was denied, but staff was directed to address the issue of appropriate uses on the
beach as part of a Comprehensive Plan Amendment.
As part of Comprehensive Plan Amendment 95-2, the purpose and intent of the City
as relates to beach uses was addressed. Modifications were made to various
objectives and policies in the Coastal Management Element to clarify the City's
direction (see attachment "A"). As a result, the direction concerning beach uses in the
Comprehensive Plan allows limited beach concessions, under contract to the City,
with an appropriate storage shelter.
This direction relative to the uses allowed on the beach should be clearly reflected in
the Land Development Regulations (LDR). The beach is zoned OS (Open Space),
therefore, this zoning district was assessed for consistency with the amended
Comprehensive Plan.
P&Z Board Memorandum Staff Report
LDR Amendments - Section 4.4.22 - Beach Use Restrictions
Page 2
Currently, principal uses in the OS district include passive parks, water bodies, excess
property along rights of way, drainage retention areas, and the beach. Accessory
uses and structures include the support facilities expected with the principal uses.
These include parking lots, restrooms, trails, lifeguard stands, and maintenance
facilities.
PROPOSED AMENDMENT:
Section 4.4.22(C) Accessory Uses and Structures Allowed
4.4.22(C)(7) Beach cabana concession, under contract with the City. limited to the
rental of chairs, umbrellas, cabanas, and floatation devices.
4.4.22(C)(8) Portable storage shelter for the beach cabana concession, under
contract with the City.
ANALYSIS:
Presently, the LDR is silent regarding the issue of beach concessions. The City has
long sponsored a concession which rents lounges, cabanas and flotation devices.
The concessionaire has for a number of years utilized a storage container for
equipment. To that extent, the concession use has been considered grandfathered.
The proposed amendment includes all of the Comprehensive Plan direction
concerning beach uses in the OS zoning district requirements by adding limited beach
concessions and attendant structures to the Accessory Use section.
ALTERNATIVE ACTIONS:
1. Continue with direction.
2. Recommend approval based upon a finding that the proposed modification
a) is consistent with and furthers the Comprehensive Plan.
3. Recommend denial with basis stated.
RECOMMENDED ACTION:
By motion:
Recommend approval, based upon a finding that the proposed modification is
consistent with and furthers the Comprehensive Plan.
Attachment
S:\adv\bchldrl
ATTACHMENT "A"
AMENDMENTS TO THE COASTAL MANAGEMENT ELEMENT
Ob!ective B-3:
Recognizing that "tourism" is a mainstay of the City's economic base and that the
"beach area" is the focal point of that tourism, the City shall enhance its standing in
the competition for that part of the tourist industry which has disposable income to be
spent while on vacation. The City shall protect the beach as an economic resource by
continuing to provide a valuable amenity for beach users, including reasonable
support facilities, without jeopardizing the essentially passive character of the beach
and its value as a natural resource. This objective shall be achieved through activities
as expressed in the following policies.
Policy B-3.3: The high quality of the Municipal Beach shall be retained through
current use restriction programs. Efforts tc
Concessions which jeopardize the essentially passive character of the beach shall be
prohibited. These include, but are not limited to. sales of food, beverages and
sundries. Concessions. under contract with the City. may be allowed to provide
certain limited recreational amenities for beach visitors. The services provided may
include the rental of chairs, umbrellas, cabanas, and flotation devices. Cooking on the
beach shall be prohibited and litter law enforcement shall be strictly enforced except
for publicly endorsed events.
Objective C-7:
Shoreline uses shall only be for beach purposes. Beach purposes include, but are not
limited to, normal beach recreation, lifeguard towers, access facilities, dune and beach
restoration, and beach cleaning and maintenance. (b3)
Policy C-7.1: The highest priority for shoreline use in the City of Delray Beach shall be
for beach purposes which shall include recreation and conservation. There shall be
no commercial development nor water-dependent development (except the beach) or
water-related uses. except those permitted pursuant to Policy B-3.3. along the
shoreline which abuts the beach. Residential development shall not exceed a height
greater than 48', except as provided in Policy C-3.7, from the elevation of the crown of
Highway A-I-A and shall be constructed in accordance with the City's Coastal
Protection Ordinance. (c8) [LDR Section 4.5.5(D)]
Policy C-10.1: There shall be no private nor public construction in the coastal high-
hazard area except for lifeguard towers, cabana concession portable shelter,
restmoms, beautification and beach and dune restoration programs. (c7)
Page 2
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: [~ TY MANAGER
SUBJECT: AGENDA ITEM ~ /0.~ - MEETING OF NOVEMBER 21, ~99~
FIRST PUBLIC HEARING & FIRST READING FOR ORDINANCE NO.
67-95 (BEACH CABANA CONCESSION)
DATE: NOVEMBER 16, 1995
This is first reading and the first of two public hearings for
Ordinance No. 67-95 which amends Section 4.4.22(C) of the Land
Development Regulations by adding "Beach cabana concession, under
contract with the City, limited to the rental of chairs, umbrellas,
cabanas, and flotation devices" and "Portable storage shelter for
the beach cabana concession under contract with the City" as
accessory uses in the Open Space (OS) zoning district.
This modification to the OS zoning district is necessary for the
Land Development Regulations to be consistent with the amended
Coastal Management Element objectives and policies proposed for
adoption as part of Comprehensive Plan Amendment 95-2. The
amendments to the Coastal Element came about as the result of
direction from the Commission for staff to address the issue of
appropriate uses on the beach.
The Planning and Zoning Board considered this item on November 13,
1995, with the majority of comments having to do with the
definition of "flotation device" After discussion, the Board
voted 6 to 1 to recommend approval of the amendment, subject to a
specific definition of "flotation device". That definition will be
provided to the Commission at the November 21st meeting.
Because this ordinance proposes to change the list of accessory
uses within the Open Space zoning category, two public hearings
are required pursuant to Florida Statutes Chapter 166. The first
public hearing will be held in conjunction with first reading of
the ordinance, while the second public hearing will be scheduled as
usual at second reading.
Recommend approval of Ordinance No. 67-95 on first reading. If
passed, a second public hearing will be scheduled for December 5,
1995.
ORDINANCE NO. 67-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.22,
"OPEN SPACE (OS) DISTRICT", SUBSECTION 4.4.22(C),
"ACCESSORY USES AND STRUCTURES ALLOWED", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH,
BY ADDING "BEACH CABANA CONCESSION, UNDER CONTRACT
WITH THE CITY, LIMITED TO THE RENTAL OF CHAIRS,
UMBRELLAS, CABANAS, AND ~~ .... D ....
'~PO~RTA~L~ STORAG~ EHELTE~ FO~ TII~ REAC.H~
CCNCES$IO~ U~DER COETP~CT-- WIT:: T::E --CITY'[, AS
ACCESSORY USE~; 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 a special meeting on
November 13, 1995, and voted 6 to ! to forward the change with a
recommendation of approval; 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 4.4.22, "Open Space (OS)
District", Subsection 4.4.22(C), "Accessory Uses and Structures
Allowed", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
(C) Aecessory ~ses an~ Structures Allowed: The following
types of use are allowed when a part of, or accessory to, the
principal use:
(1) Parking lots
(2) Restrooms, rest areas, picnic facilities
(3) Interpretative trails, jogging and exercise
courses
(4) Lifeguard stands, headquarters and necessary
support facilities
(5) Maintenance facilities
(6) Boat ramps
(7~ Beach cabana concession, under contract with the
City. limited to the rental of chairs, umbrellas, cabanas, and
Pcrtaklc =terage shc!t~r for the b,a~h cabana
¢oncesslun u~der c~4%~nac~ ~ith thc City.
~_~ That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
~ 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.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of .. , 1995.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 67-95
CITY OF DELRAY BEACH
NOTICE OF
ACCESSORY USE CHANGE
ORDINANCE NO. 67-95
The City of Delray Beach proposes to 'adopt the following
ordinance:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING SECTION
4.4.22, "OPEN SPACE (OS) DISTRIC'F', SUBSECTION 4..4.22
(C) ~ACCESSORY USES AND STRUCTURES ALLOWED OF
THE LAND DEVELOPMENT REGULATIONS OF THE CITY
OF DELRAY BEACH BY ADDING "BEACH CABANA
CONCESSION, UNDER CONTRACT WITH THE CITY,
LIMITED TO THE RENTAL OF CHAIRS, UMBRELLAS,
CABANAS, AND BOOGIE BOARDS," AS A ACCESSORY
USES, PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for
the purpose of accepting public testimony on the ordinance.
The first public hearing will be held on Tuesday. November 21.
1995 at 7:00 p.m.. in the Cily Commission Chambers at City
Hall, 100 N.W. 1st Avenue, Delray Beach, Flodda. If passed on
First Reading, a second Public Hearing will be held on
Tuesday. December 5,1995 at ~
All interested citizens are invited to attend the public hearings
and comment upon the proposed ordinance or ,~ubmit their
comments in writing to the Planning and Zoning Department.
Copies of the_ordinace are available from the Planning and
Zoning Department, 100 N.W. 1st Avenue (Phone 243-7040),
~ between the hours of 8:00 A.M. and 5:00 RM. on weekdays
(excluding holidays).
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO
APPEAL ANY DECISION MADE BY THE CITY COMMISSION
WITH RESPECT TO ANY MA'I-rER CONSIDERED AT THESE
HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT
A VERBATIM RECORD OF THE PROCEEDING IS MADE,
WHICH 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 ES. 286.0105.
ClTM OF DELI{AY BEACH
Alison MacGregor Harry
City Clerk
PUBLISH: November 13, 1995
November 29, 1995
The News
Boca Raton/Delray Beach
Ad//721087
'CITY OF DELRAY BEACH
'USE :CHANGE
NO. 67.95
The City of Delray Beach prOPOseS to adopt the following
ordinance: ~
AN ORDINANCE OF THE CITY c, oMMI$10N OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING SECTION
4.4.22, "OPEN SPACE (OS) DISTRICT", SUBSECTION
.4.4.22 (C) "ACCESSORY USES AND STRUCTURES
ALLOWED" OF THE LAND DEVELOPMENT REGULATIONS
OF THE CITY OF DELRAY BEACH BY ADDING "BEACH
CABANA CONCESSION, UNDER CONTRACT WITH THE
CITY, LIMITED TO THE RENTAL OF CHAIRS, UMBRELLAS,
CABANAS, AND FLOTATION DEVICES" AND "PORTABLE
STORAGE SHELTER FOR THE BEACH CABANA
CONCESSION,. UNDER CONTRACT WITH THE CITY" AS A
ACCESSORY USES, PROVIDING A GENERAL REPEALER
CLAUSE,.A SAVING CLAUSE AND AN EFFECTIVE DATE.
The'City Commision Will conduct two (2) Public Hearings for
the purpose of accepting public testimony on the ordinance.
The first Public hearingwill be held on _Tuesday, November 21,
1995 at 7:00 D.m., in the City Commission Chambers at City
Hall, 100 N.W. 1 st Avenue, Delray Beach, Florida. If passed on
First Reading, a second Public Hearing will be held on
Tuesday, December 5, 1995 at 7:~ p.m.
All interested citizens am invited to attend the public hearings
and comment upon the proposed ordinance or submit their
comments in .writing to the Planning Department. CoPies of the
ordinance am available from the Planning and Zoning
Department, 100 N.W. I st Avenue (Phone 243-7040), between
the hours of 8:00 a.m. and 5:00 p.m. on weekdays (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 OF THE PROCEEDINGS IS MADE,
WHICH 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 ES. 286.0105.
CITY OF DELRAY BEACH
Alison MacGregor Harty
- City Clerk
PUBLISH: November 13, 1995
November 29, 1995
The News
-.Boca Raton/Delray Beach
Ad,~2-1087
I
CITY OF DELRAY BEACH
NOTICE OF ACCESSORY USE CHANGE
ORDINANCE NO. 67-95
The City of Delray Beach proposes to adopt the following ordinance:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELI:LAY BEACH,
FLORIDA, AMENDING SECTION 4.4.22, "OPEN SPACE (OS) DISTRICT",
SUBSECTION 4.4.22 (C) "ACCESSORY USES AND STRUCTURES ALLOWED"
OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH BY ADDING "BEACH CABANA CONCESSION, UNDER CONTRACT WITH
THE CITY, LIMITED TO THE RENTAL OF CHAIRS, UMBRELLAS, CABANAS,
AND FLOATION DEVICES" AND "PORTABLE STORAGE SHELTER FOR THE
BEACH CABANA CONCESSION, UNDER CONTRACT WITH THE CITY" AS A
ACCESSORY USES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the purpose of
accepting public testimony on the ordinance. The first Public hearing will be held on
Tuesday November 21, 1995. at 7:00 p.m., in the City Commission Chambers at
City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If passed on First Reading,
a second Public Hearing will be held on Tuesday. December 5, 1995, at 7:00 p.m.
All interested citizens are invited to attend the public hearings and comment upon
the proposed ordinance or submit their comments in writing to the Planning
Department. Copies of the ordinance are available from the Planning and Zoning
Department, 100 N.W. 1st Avenue (Phone 243-7040), between the hours of 8:00
a.m. and 5:00 p.m. on weekdays (excluding holidays).
PLEASE BE ADVISED THAT I~: 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 OF THE PROCEEDINGS IS MADE,
WHICH 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 FS 286.0105
PUBLISH: CITY OF DELRAY BEACH
NOVEMBER 13, 1995 ALISON MACGREGOR HARTY
NOVEMBER 29, 1995 CITY CLERK
Instructions to Newspaper: This ad is not to appear in the legal advertisement
section of the newspaper. The ad must be at least two standard column wide and
ten (10 inches long). The headline [ CITY OF DELRAY BEACH, FLORIDA NOTICE
OF PRINCIPAL USE CHANGE ] must be an 18 point bold headline.
Thank you.
----I lOB ~ _
ENUE O~/ERLAY DISTRICT; PRO- ' ·
i VIOING A GENERAL REPE~kLER
CLAUSE, A ~AYING CLAU~, AND
AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COM.
MISSION OF THE CiTY OF DELNAY
~OO BEACH, FLORIDA, AMNDING AN-
~ ~ TICLE ~, 'OVERLAY AND Ere/I,
RON~NTAL MANAGEMENT O1.f-
~,~ . ~ TR,CT~, OF THE LAND DEVELOP- ~'~ ~B
MENT REGULATIONS OF THE CITY ~ ~.~ The News, Saturday November 25, lEgS
~ DELRAY EEACN, BY ENACTING
legal Notice8 SECTION 45.6, 'THE ~YEST ATLAN-
TIC AVENUE OVERLAY DISTRICT';
PROVIDING A GENERAL REPEAL-
~t~e~BD~Y~IA~II~PLOBIDA ER CLAUSE, A SAVING CLAUSE.
I1~ OF ~ I~ AND AN EFFECTIVE DATE,
A PUBLIC HEARING win be be~ ga
7:~1 P.M. m ~Yt ~ ~ AN ORDINANCE OF THE CITY
tim (er it any cmlinuatien of such MISSION OF THE CITY OF OELRAY
4~atlng wflJch i~ ~ by ere C.~mmis. BEACH FLORIDA, MENDING SEC-
WI, ~ 111e City Cofl~m~ Charn- TION 4.LBJE)~3), 'IN-LIEU FEE~, OF
hers, 100 N.W. M Avenue, Delray THE LAND DEVELOPMENT REGU-
Beach, F~oripa, at which time rne City LAT~ONS OF THE CITY OF DELNAY
CM~mis..~on will censider rMir ~ BEACH, BY ~D01NG THE WEST AT- er'
t~. The pc~losecl ordif~nces may be LANT~C AVENUE OVERLAY DIS-
· Irei~ed at the Office M itc D~Y TRICT WITHIN THE GENERAL
Clertt at City Hall, 1~0 N.W. 151 Ave- COMMERCIAL (GC) ZONING DIS.
f~e, Delre¥ Bea~, Florida be~ TRICT AS AN AREA IN WHICH THE
Noflcel
fbe flours of ~:00 a.m. to $:~ p.m., CITY COMMISSION MAY APPROVE
MM)day ~ Friday, exct~ reJi. THE PAYMENT OF A FEE IN LIEU
diy~. All ffderestod parties are in¥ited OF PROVIDING RE~U~RED PARK-
te atMad end be he~d ~rdth fespact to lNG; PROVIDING A GENERAL RE. L
rM peapesecl or~inances. PEALER CLAUSE, A SAVING
- CLAUSE,AND AN EFFECTIVE ' AN OJ~DI~qICE OF THE CITY
~RDI~I~I?~ DATE, MISSION OF THE CITY OF O~LRAY
lEACH, FLORIDA, CHANGING THE
~N ORDINANCE OF THE CITY COM- ~III~IIMJI~I#~.'F~ FUTURE LAND USE MAP
MISSION OF THE CITY OF DELRAY TION IN THE COMPREHENSIVE
BEACH, FLORIDA, A~ENDING SEC- AN ORDINANCE OF THE CITY COM~ PLAN FOR A 3~1 ACRE PORT)ON
TIOg 4.4.22, 'OPEN SPACE (OS) DIS- MISSION OF THE CITY OF DELRAy Of: LAKESIDE AT CENTRE DEL-
TRIC~, SUBSECTION 4.4.22(C) BEACH, FLORIDA, REZON~NG CER, RAY (OFFICE DEPOT). AS MORE
~ACCE$SORY USES AND STRUC.TAIN PARCELS OF LAND, AS MORE ** PART~ILANLY DESCRIBED
TURES ALLOWED', OF THE LAND PARTICULARLY DESCRIBED NEREi#, FROM OPE# SPACE TO
DEVELOPMENT REGULATIONS OFHEREIN, FROM GC (GENERAL TRANSITIONAL; ELECTING TO
THE CITY OF DELRAY BEACH, BY COMMERCIAL) TO R-I-A (SINGLE ~;dIq~OCEED ONDER THE SINGLE
ADDING '~EACH CABANA CONCES- FA~(LY RESIDENTIAL) DISTRICT, : HEARING ADOPTION PROCESS
SION, UNDER CONTRACT WITH FROM GC (GENERAL COMMER- FOR SMALL SCALE LAND USE MAP
THE CITY, LINdTED TO THE RENT- DALI TO RM (MEDIUM DENSITY
, . AMENDMENTS; PROVIDING
A
AL OF CHAIRS, UMBRELLAS, CA. RESIDENTIAL) DISTRICT, FROM ~NERAL REPEALER CLAUSE, A
~ANAS, AND ~OOGIE BOARDS'. AS R.1.A (SINGLE FAMILY REStDEN- '~' ~AVING CLAU~E, AND AN EFFEC.
AN ACCESSORY USE; PROVIDING TIAL) TO GC (GENERAL COAUAER- TIVEDATE,
A GENERAL REPEALER CLAUSE, CIAL) DISTRICT, FROM RM ' ~
k SAVING CLAUSE, AND AN EF- (MEDIUM DENSLTY RESIDENTIAL) '
FECTWEDATE. TO GC (GENERAL CO~MRERC~AL)
DISTRICT; AND FROM GC AN ORDINANCE OF THE CITY COM-
~IIIIIIAJlGEII~.~ (GENERAL COMMERCIAL) TO OS - MI~ION OF THE CITY OF DELRAY
(OPEN SPACE) DISTRICT; ALL AS BEACH, FLORIDA, A~ENDING SEC-
AN ORDINANCE OF THE CITY COI~ REQUIRED TO IMPLEMENT THE TIOR 4.4.1S, eCENTRAL BUSINESS
MISSION OF THE CITY OF DELRAY WEST ATLANTIC AVENUE REDE- (CEO) DISTR~CT', OF THE LAND
BEACH, FLORIDA, ADOPTING COM, VELOPMENT PLAN PURSUANT TO D~VELOPMENT REGULATIONS OF
PREHENSlvE PLAN AMENDMENTFUTURE LAND USE ELEMENT THE CITY OF DELRAY BEACH, TO
~S.2 PURSUANT TO THE PROVe- POLICY C4.4 OF THE COMPRENEN- , ALLOW MULT~FAMILY RE$IDEN-
SIONS OF THE 'LOCAL GOVERN- SlVE PLAN; SAID LAND BEING
MENT COMPREHENSIVE PLAN- GENERALLY LOCATED ON THE TIAL DWELLING UNITS AS A PER-
#lNG AND LAND DEVELOPMENTNORTH AND SOUTH SIDES OF AT- :~ MITTED U~E WITHIN THE
REGULATION ACT', FLORIDA LANTiC AVENUE, BETWEEN SWIN- W~TN A h~X~MUM DENSITY OF 3~
STATUTES SECTIONS 1~3.3161 TON AVENUE AND INTER. ~ UNITS PER ACRE WEST OF N.E.
THROUGH 1~3.3243, INCLUSIVE; STATE4S; AND AMENDING 7T~L AVENUE AND 12 UNITS PER
ALL AS &,ORE PART(CULARLY DE- .ZONING MAP OF DELRAY BEACH, ACRE EAST OF N.E. 7TN AVENUE;
SCRIBED IN EXHIBIT 'A' EHTI. FLORIDA, 199~'; PROVIDING A PROVIDING FOR TNE REGULA-
TLEO q~)MPREHENSIVE PLAN GENERAL REPEALER CLAUSE, A TION THEREOF; PEOVIOING A
AMENDMENT 95-2' AND ~NCORPO- SAVING CLAUSE, AND AN EFFEC- ~ GENERAL REPEALER CLAUSE, A
RATED HEREIN BY REFERENCE; TIVE DATE. SAVING CLAUSE, AND AN EFFEC-
PROVIDING A SAVING CLAUSE, A ~ii~iiO. IT.~ , TIVEDATE.
GENERAL REPEALER CLAUSE,
ANOAN EFFECTIVE DATE. ~ lqelle be Idd~d ~ ff i ~ ~
AN ORDINANCE OF THE CITY COM- : ~Ci~ll to eppaal any dec~sJae made
~II~III~I~NG.I~-~ MISSION OF THE CITY OF DELRAY ~ .1iii City Cemmi#iee wtrn t~pact to
· REACH, FLORIDA, CHANGING THE ~ Iny matler carei(J~ II II,is Mari~g,
AN ORDINANCE OF THE CITY COM- FUTURE LAND USE MAP DESIGNA- ~ par~e will need a recen~ ef
MISSION DF THE CITY OF DELRAY TION FROM COUNTY "INDUSTRIAL' ;: ' ~lc~ed~g~, m14 f~' IN~ ~
· REACH, FLORIDA, AMENDING SEC- TO CITY 'TRANSITIONAL', AND ES. ' ~ may need to eMare that !
TION 4.3.4(N)(6){a), '~PECIAL TABLISHING INITIAL ZONING OF I~til~ ~ I~ctu~ the
BUILDING SETBACKS', OF THE POC (PLANNED OFFICE CENTER) i MKI evMe~ce ~ winch rne ~e~l is
LAND DEVELOPMENTREGULA- DISTRICT, FOR A ~,'/2 ACRE PAR- ! te be bel~. The CNy dMs not grm(i~e
TIONS OF THE CITY OF DELNAY CEL OF LAND LOCATED OR THE ~: er Fre~e ~ mca~d. PursaMnt ~
BEACH, BY DELETING THE SPE- WEST SIDE OF CONGRESS AVE- ~ ·
CIAL SETBACK REQUIREMENT NUE, APPROXIMATELY. IA~ FEET ~ .
ALONG WEST ATLANTIC AVENUESOUTH OF GERMANTOWN ROAO, g (:lTV OF DELRAYBEACH
.EXTENDING FROM SWINTON AVE. AS THE SA~E IS MORE PARTICU, ~ iAf~M~Harty
RUE TO THE I-~ INTERCHANGE; LARLY DESCRIBED HEREIN; ) ,, CByC~rk
PROVIDING A GENERAL REPEAL· ELECTING TO PROCEED UNDER
i ER CLAUSE, A SAVING CLAUSE, THE SINGLE HEARING ADOPTION t ~.-~MiM1;NoVerll~Y~,
ANOANEFFECTIVEDATE. PROCESS FOR SMALL SCALE LANO ~ TMNews
USE PLAN AMENDMENTS; AHD I ; W Rat~ay Beach
~ ,~IIIBIIIJlI~NO.~.i~ ,AMENDING 'ZONING MAP OF DEL-' I
RAY BEACH, FLORIDA, 1~'; PRO-
AN ORDINAHCE OF THE CITY CO~· VIDING A GENERAL NEPEALER
MISSioN OF THE CITY OF DELRAY CLAUSE, A SAVING CLAUSE, AND
BEACH, FLORIDA. AMEHO~NG SEC- AN EFFECTWE DATE.
TION t~4U)14L '~NCREASES TO
HEIGHT REGULATIONS', SU~-
PARAGRAPH 4.$.4U)(4)lb)(i), OF
THE LAHO DEVELOPMENT REGU~AN ORDINANCE OF THE CiTY
, ~J~TIONS OF THE C~TY OF DELRAY M~SSION OF THE CITY OF DELRAY
BEACH, EY MODIFYING THE BEACH, FLORIDA, CHANGING THE
~DONDAR~ES OF THE GEOGRApH- FUTURE LAND USE MAP GESIGNA-
lC AREA ALONG ATLANTIC AVE- TION FROM COUNTY ~INOUSTRIAL'
RUE IN WHICH INCREASES TO TO CITY qNDUSTRJAL', AND ES.
~IGHT REGULATIONS MAY BE TABLISH~NG ~N~T~L ZONING OF I
~ ~PPROVED BY THE CITY COWaIS. (INDUSTRIAL) DISTR~CT, FOR A
SION, PRGViO~NG A GENERAL RE- ?.r~ ACRE PARCEL OF LAND LO-
PEALER CLAUSE, A SAWNG CATEO ON THE E~T SlOE OF
~iCLAUSE AND AN EPFECTIVECONGRESS AVENUE, APPROXI-
! DATE. MATELY ~00 ~FEET SOUTH OF GER-
[ MANTCRV# ROAD, AS THE SAME IS
~ NO. ~ . MORE PARTICULARLY DE-
~, ~ SCRIBED HERE~N; ELECTING TO
~ AN ORDINANCE OF THE CITY COM- PROCEED UNDER THE SINGLE
~ aUSSION OF THE C~TY OF DELRAY HEARING ADOPTION P~OCESS
~;)JF.,ACH, FLORIDA, AMENDING SEC- FOR SMALL SCALE LAND USE
~ TION L4.9, 'GENERAL COA~MER- PLAN JdlAENOMENTS; AND
:;~ CIAL (GC) DISTRICT', OF THE AMENDING "ZONING MAP OF DEL.
~LAND DEVELOPMENT REGULA* RAy ~I, CH, FLORIDA, I~; PRO-
~r~TioNs OF THE CiTY OF DELRAY VIDING A GENERAL REPEALER
~'~ EEACH, BY INCORPORATING USE CLAUSE, A SAVING CLAUSE, AND
?, RESTRICTIONS AND DEVELOP*AN EFFECTIVE DATE,
ti MENT STANDARDS TO BE AP-
PLIED fN THE WEST ATLANTIC
· CONTINUED CONTINUED