74-95 ORDINANCE NO. 74-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.9(E)(3),
"IN-LIEU FEE", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CITY OF DELRAY BEACH, BY ADDING THE WEST ATLANTIC
AVENUE OVERLAY DISTRICT) WITHIN THE GENERAL
COMMERCIAL (GC) ZONING DISTRICT AS AN AREA IN WHICH
THE CITY COMMISSION MAY APPROVE THE PAYMENT OF A FEE
IN LIEU OF PROVIDING REQUIRED PARKING; 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 unanimously 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
4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street
Parking Regulations", Subsection 4.6.9(E)(3), "In-Lieu Fee", of the
Land Development Regulations of the City of Delray Beach, Florida, be,
and the same is hereby amended to read as follows:
(3) In-Lieu Fee: If it is impossible or inappropriate to
provide the required number of on-site parking spaces, the City
Commission may approve the payment of a fee in lieu of providing such
required parking, pursuant to the following provisions:
(a) The in-lieu fee is ~] authorized only in the
CBD~ ~ OSSHAD. and GC (West Atlantic Avenue Overlay District) Zoning
Districts in compliance with the Supplemental District Regulations
provisions therein.
(b) The fee is hereby established at $6,000 per space.
Arrangements for payment shall be approved by the City Commission at
the time of the approval of the in-lieu fee.
(c) All proceeds from such a fee shall be used for
parking purposes.
(d) The in-lieu fee may be paid at one time or in
installments. Installment payments may be made over a nine year
period in ten payments. The first payment payment would be due upon
signing the installment agreement. The remaining nine payments would
be due annually. No interest is to be charged during the first three
(3) years. Beginning in year four of the payment schedule, a simple
interest rate of 5% per annum will apply to the unpaid balance and be
added to payments five through ten.
~ 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.
PASSED AND ADOPTED in regular session on second and final
reading on this the 5th day of December , 1995.
ATTEST:
City-~lerk ,
First Reading November 21~ 1995
Second Reading December 5, 1995
- 2 - Ord. No. 74-95
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~//~ /
SUBJECT: AGENDA ITEM ~ /D ~ - MEETING OF DECEMBER 5. 1995
SECOND READING & PUBLIC HEARING FOR ORDINANCE NO. 74-95
(IN-LIEU FEE/WEST ATLANTIC AVENUE OVERLAY DISTRICT)
DATE: NOVEMBER 29, 1995
This is one of five ordinances proposed for approval on second and
final reading which amend various sections of the Land Development
Regulations in connection with the West Atlantic Avenue
Redevelopment Plan. This particular ordinance (#74-95) amends LDR
Section 4.6.9(E)(3), "In-Lieu Fee", by adding the General
Commercial (GC) zoning district (West Atlantic Avenue Overlay
District) as an area in which the City Commission may approve the
payment of a fee in lieu of providing required parking.
The preparation and approval of the West Atlantic Redevelopment
Plan were required pursuant to Comprehensive Plan Future Land Use
Element Policy C-2.4 and the subject text amendments are required
to implement the plan. The West Atlantic Avenue Redevelopment Plan
was adopted by the City Commission on July 11, 1995.
The Planning and Zoning Board reviewed, this item at its meeting of
November 13, 1995, and voted unanimously to recommend that the text
amendment be approved. At first reading on November 21st, the City
Commission passed the ordinance by a vote of 3 to 2 (Commissioner
Ellingsworth and Mayor Lynch dissenting).
Recommend approval of Ordinance No. 74-95 on second and final
reading, based on positive findings regarding consistency with the
Comprehensive Plan, pursuant to LDR Section 1.1.6 and F.S.
163.3194(2).
ref:agmemo20
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM # I~ - MEETING OF NQVEMBER 21. 1995
FIRST READING FQR ORDINANCE NO. 74-95 (IN-LIEU FEE/WEST
ATLANTIC AVENUE OVERLAY DISTRICT)
DATE: NOVEMBER 17, 1995
This is one of five ordinances proposed for approval on first
reading which amend various sections of the Land Development
Regulations in connection with the West Atlantic Avenue
Redevelopment Plan. This particular ordinance (#74-95) amends LDR
Section 4.6.9(E)(3), "In-Lieu Fee", by adding the General
Commercial (GC) zoning district (West Atlantic Avenue Overlay
District) as an area in which the City Commission may approve the
payment of a fee in lieu of providing'required parking.
The preparation and approval of the West Atlantic Redevelopment
Plan were required pursuant to Comprehensive Plan Future Land Use
Element Policy C-2.4 and the subject test amendments are required
to implement the plan. The West Atlantic Avenue Redevelopment Plan
was adopted by the City Commission on July 11, 1995.
The Planning and Zoning Board reviewed this item at its meeting of
November 13, 1995, and voted unanimously to recommend that the text
amendment be approved.
Recommend approval of Ordinance No. 74-95 on first reading, based
on positive findings regarding consistency with the Comprehensive
Plan, pursuant to LDR Section 1.1.6 and F.S. 163.3194(2). If
passed, a public hearing will be held on December 5, 1995.
ref:agmemo20
CITY COMMISSION DOCUMENTATION
THRU:
DEPARTMENT OF PLANNING AND ZONING
FROM: l JEFF"PERKINS, SENIOR PLANNER
SUBJECT: MEETING OF NOVEMBER 21, 1995
LDR TEXT AMENDMENTS TO LDR SECTION 4.3.4(H)(6)(a) ~
BUILDING SETBACKS, LDR SECTION 4.3.4(J)(4)(b)(i) INCREASES TO
HEIGHT REGULATIONS, LDR Section 4.6.9(E)(3) -JJ~lcl.~r_~., SECTION
4.5.6 THE WEST ATLANTIC AVENUE OVERLAY DISTRICT, AND LDR
SECTION 4.4.9 GENERAL COMMERCIAL (GC) DISTRICT ASSOCIATED
WITH THE WEST ATLANTIC AVENUE REDEVELOPMENT PLAN
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval on first reading of proposed text
amendments associated with the West Atlantic Avenue Redevelopment Plan, pursuant to
LDR Section 1.1.6(A).
BACKGROUND:
With the adoption of the Comprehensive Plan in 1989, the West Atlantic Area was
designated as Redevelopment Area # 1 on the Future Land Use Map. Future Land Use
Element Policy C-2.4 requires the preparation of a redevelopment plan for the area. The
required redevelopment plan has been completed and was adopted by the City
Commission at its meeting of July 11, 1995.
The adopted redevelopment plan calls for the establishment of a pedestrian friendly
commercial area along West Atlantic Avenue with an emphasis on minimizing impacts
from that commercial area on established residential neighborhoods. The plan calls for
the establishment of an overlay zoning district in the area that will help promote those
goals. The proposed changes will modify the GC zoning district as it applies to the area
north and south of Atlantic Avenue. The proposed West Atlantic Overlay District and the
associated text amendments establish limitations on intensity, permitted uses, scale, and
City Commission Documentation
LDR Amendments Associated with the West Atlantic Avenue Redevelopment Plan
Page 2
site design that will minimize impacts on adjacent neighborhoods and promote a
pedestrian-oriented shopping district, as required by the plan.
The preparation and approval of the West Atlantic Redevelopment Plan were required
pursuant to Comprehensive Plan Future Land Use Element Policy C-2.4 and the subject
text amendments are required to implement the Plan. Thus, the proposed amendments
further the Goals, Objectives, and Policies of the Comprehensive Plan. The City
Commission can make positive findings regarding consistency with the Comprehensive
Plan, pursuant to LDR Section 1.1.6 and F.S. 163.3194(2).
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its special meeting of November
13, 1995. The Board unanimously (7-0) voted to recommend approval of the proposed
amendments.
RECOMMENDED ACTION:
By motion:
Approve on first reading the proposed text amendments to LDR Section 4.3.4(H)(6)(a)
Special Building Setbacks, LDR Section 4.3.4(J)(4)(b)(i) Increases to Height Regulations,
LDR Section 4.5.6 West Atlantic Avenue Overlay District, LDR Section 4.6.9(E)(3) In-Lieu
Fee, and LDR Section 4.4.9 General Commercial (GC) District, based on a finding that the
proposed modifications are consistent with and further the Comprehensive Plan by
implementing the provisions of the West Atlantic Avenue Redevelopment Plan, as
required by Future Land Use Element Policy C-2.4.
Attachment:
D P&Z Board Memorandum Staff Report
MEETING DATE: NOVEMBER 13, 1995
AGENDA ITEM: ll.D.
SUBJECT: LDR TEXT AMENDMENTS ASSOCIATED WITH THE WEST
ATLANTIC AVENUE REDEVELOPMENT PLAN
LDR REFERENCE: LDR SECTION 4.3.4(H)(6)(a) SPECIAL BUILDING SETBACKS,
LDR SECTION 4.3.4(J)(4)(b)(i) INCREASES TO HEIGHT
REGULATIONS, LDR Section 4.6.9(E)(3) IN-LIEU FEE, SECTION
4.5.6 THE WEST ATLANTIC AVENUE OVERLAY DISTRICT,
AND LDR SECTION 4.4.9 GENERAL COMMERCIAL
DISTRICT
ITEM BEFORE THE BOARD:
The item before the Board is making a recommendation to the City Commission on
proposed modifications 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:
With the adoption of the Comprehensive Plan in 1989, the West Atlantic Avenue area
was designated as Redevelopment Area # 1 on the Future Land Use Map. Future Land
Use Element Policy C-2.4 requires the preparation of a redevelopment plan for the
area. The required redevelopment plan has been completed and was adopted by the
City Commission at its meeting of July 11, 1995.
The adopted redevelopment plan calls for the establishment of a pedestrian friendly
commercial area along West Atlantic Avenue with an emphasis on minimizing impacts
from that commercial area on established residential neighborhoods. The plan calls for
the establishment of an overlay zoning district in the area that will help promote those
goals. The proposed changes will modify the GC zoning district as it applies to the area
north and south of Atlantic Avenue.
P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 2
REVIEW BY OTHERS:
The proposed LDR amendments are not in a geographic area requiring review by the
Downtown Development Authority or the Historic Preservation Board.
Community Redevelopment Agency:
The LDR amendments are in a geographic area requiring review by the CRA. The CRA
Board reviewed this item at its meeting of October 26, 1995 and unanimously
recommended approval.
Visions West Atlantic:
The Visions Steering Committee reviewed the proposed LDR amendments at its
meeting of October 23, 1995. The Committee unanimously recommended approval of
the proposed amendments, with the addition of two additional provisions - prohibition of
second hand shops on Atlantic Avenue and prohibition of picking up and dropping off
workers from a temporary employment office in the Overlay District.
Neighborhood Notice:
As the proposed amendment affects an area greater than 10 acres, no fdrmal public
notice to property owners within a 500' radius of the subject properties is required.
Courtesy notices have been sent to:
El Clay Wideman El Carolyn Zimmerman
Delray Merchants Association West Atlantic Avenue ARC
Peach Umbrella Associatio~
El Norma Banoura El Charlotte Durante
'600 Block Association Peach Umbrella Association
who have requested notification of petitions in that area. Letters of objection, if any, will
be presented at the P & Z Board meeting.
ANALYSIS:
The adopted West Atlantic Avenue Redevelopment Plan calls for the establishment of
an overlay zoning district to promote a pedestrian-friendly commercial area adjacent to
Atlantic Avenue. The proposed West Atlantic Overlay District and the associated text
amendments establish limitations on intensity, permitted uses, scale, and site design
that will minimize impacts on adjacent neighborhoods and promote a pedestrian-
oriented shopping district. As the preparation and approval of the West Atlantic
Redevelopment Plan were required pursuant to Comprehensive Plan Future Land Use
P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 3
Element Policy C-2.4 and the subject text amendments are required to implement the
Plan, the proposed amendments further the Goals, Objectives, and Policies of the
Comprehensive Plan. Thus, the Board can make a positive recommendation to the City
Commission, pursuant to LDR Section 1.1.6 and F.S. 163.3194(2).
ALTERNATIVE ACTIONS: '~
1. Recommend denial in that the modification is not consistent with the
Comprehensive Plan.
2. Recommend approval based upon a finding that the proposed modification is
consistent with and furthers the Comprehensive Plan.
3. Continue with direction..
RECOMMENDED ACTION:
By motion:
Recommend approval of the proposed text amendments to LDR Section 4.3.4(H)(6)(a)
Special Building Setbacks, LDR Section 4.3.4(J)(4)(b)(i) Increases to Height
Regulations, LDR Section 4.5.6 West Atlantic Avenue Overlay District, LDR Section
4.6.9(E)(3) In-Lieu Fee, and LDR Section 4.4.9 General Commercial (GC) District,
based on a finding that the proposed modifications are consistent with and further the
Comprehensive Plan by implementing the provisions of the West Atlantic Avenue
Redevelopment Plan, as required by,Future Land Use Element Policy C-2.4.
Report prepared by: Jeff Perkins. Senior Planner Date November 9. 1995
P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 4
LDR Section 4.3.4(H)(6)(a) SPecial Building Setbacks:
LDR Section 4.3.4(J)(4)(b)(i) Increases to Height Regulations
(4) Area "D" - the ~ DroDerties =~*~'~- ~'~'~ ''~ A*'"-~ n ....... ~'~ ..... S
~+'""* and ~"^' ~ ~t ~+'""+ "'"+""'~"" ~'""" ' ~ +'' S,;:!ntcn ^ ....... located south
of Atlantic Avenue, 13orth of SW 1st Street. west of SW 1st Avenue. and east of
SW 4th Avenue; and the properties located north of Atlantic Avenue. south of
NW 1st Street, west of NW 1st Avenue. and east of NW 3rd Avenue.
LDR Section 4.4.9 General Commercial (GC) District:
(B) Principal Uses and Structures Permitted: The following t~ are
.allowed within the GC District asa permitted uses, except as prohibited in the West
Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(a):
(D)Conditional Uses and Structures Permitted: The following ~ are allowed
as conditional uses within the GC District ......... * *'" *~' ...... ;"; .... ~ 2 '" '~¥'"~ except
as prohibited in the West Atlantic Avenue Overlay District by Section 4,4.9(G)(1)(a):
(E)Review and Approval Process:
(4) All applications for commercial or multiple family residential development,
including signs, within th, e West Atlantic Avenue Overlay District will be
forwarded to the West Atlantic Avenue Architectural Committee (ARC) and
the Community. Redevelopment Agency for comment.
(F)D~velopment Standards: In addition to :l:the development standards as set forth
in Section 4.3.4. the followino development standards shall apply
~c"~ll .... :""~ in the GC District::
(2) West Atlantic Avenue Overlay District D~velopment Standards: The
following development standards apply in the West Atlantic Avenue Overlay
District as defined in Section 4.5.6(B):
(a) Parcels that have frontage along Atlantic Avenue shall have a front
setback of 5 feet from the ultimate right-of-way line, The front setback
area shall be paved with paver blocks to match the existing sidewalks
within the Atlantic Avenue right-of-way,
P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 5
(b) The minimum open space requirement is 10% of the site area. All
landscape requirements for parking lots and buffering of residential
properties, pursuant to Sections 4.6.5 and 4.6.16. shall apply.
(G)Supplemental District Regulations: In addition to t :l:he supplemental district
regulations as set forth in Article 4.6, the following supplemental district regulations
shall apply in the GC District:
(1) West Atlantic Avenue Overlay District Supplemental District
Regulations: The following supplemental district regulations apply in the
West Atlantic Avenue Overlay District as defined in Section 4.5.6(B):
(a) The following principal and conditional uses are prohibited in the overlay
district:
· __ Retail or Wholesale Firearm or Ammunition Sales
· _. Retail or Wholesale Automotive Parts Sales
· __ lawn Care Equipment Sales
· Contractor's Offices
· __ Abused Spouse Residences
· _. Shooting Ranges
· __ Adult Entertainment Establishments
° Service Stations
· _. The picking up or dropping off, or otherwise transporting of
workers, assigned through an employment agency from an
assembly point to the work site
(b) Dwelling units are pe~Tnitted within the same structure aS commercial
uses, In the event that residential and non-residential uses are located itl
the same structure, residential uses and' non-residential uses must be
physically separated, have separate accessways, and residential units
shall not be lOcated on the ground floor. The Site Plan Review and
Appearance Board may exempt dwelling units in this district from the
restrictions contained in Section 4.4.9(B)(5). in con_iunction with the
approval of a ,site and development plan.
(c! Commercial structures are limited to a maximum depth of.150 feet from
the ultimate right-of-way of Atlantic Avenue. unless the parcel has
frontage on NW 5th Avenue or SW 5th Avenue. Accessory_ uses s~Jch as
parking areas, landscaping, and drainage retention areas may extend
beyond the 150 foot limit. Expansion.of structures beyond the 150 foot
limit may be allowed as a conditional u~se. subject to the reauired findings
(d) Six parking spaces per 1,000 square feet of gross floor area are required
for restaurants and I parking space per 300 square feet of gross floor
P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 6
area i$ required for all other non-residential uses, Parking spaces for
residential uses are required at the rates established in Section
4.6.9(C)(2).
_e.)_. If it is impossible or inappropriate to provide reauired parking on site or
off- site, the in-lieu fee option provided in Section 4.6.9(E)(3) may be
applied. '
There is no restriction on repair and/or reconstruction of non-conforming
single family residences located a minimum of 150 feet from Atlantic
Avenue.
g)_ Parking areas and access, ways to parking lots must be located to the rear
of commercial structures that have frontage on Atlantic Avenue. Where
locating parking to the rear of the structure is impossible or inappropriate.
the Site Plan Review and Appearance Board may approve an alternate
location.
(H) Special Regulations:
(1) The first ten feet of the front yard setback which is adjacent to the right-of-
way shall be a landscaped area, exce.ot within the West Atlantic Avenue
Overlay District as defined in Section 4.5.6(B). Within this the required front
landscape area, no paving shall be allowed except for driveways and
walkways which shall be generally perpendicular to the property line.
(2) In structures located in the West Atlantic Avenue Overlay District as defined
in Section 4.5.6(B) that have an entrance from and/or windows facing Atlantic
Avenue. the sale of secohd hand material, except verifiable antiques and/or
C011ectibles (coins. stamps, sports memorabilia, etc.) is prohibited.
Section 4,5.6 The West Atlantic Avenue Overlay District:
(A) General: With the adoption of the City's Comprehensive Plan. by Ordinance
82-89 on November 28, 1989, the City identified the West Atlantic Avenue Corridor as
an area in need of redevelopment and revitalization. In accordance with Future Land
Use Element Policy (;;-2.4, a redevelopment Dian was prepared for the area and
adopted by the City Commission at its meeting of July 11. 1995. This Section is
created to implement the provisions of the adopted West Atlantic Redevelopment
Plan. All development within the West Atlantic Overlay District. as defined in Section
(B). below, shall take place according to the provisions of the adopted plan,
(B) Defined: The West Atlantic Avenue Overlay District is hereby established as
the area bounded by 1-95 on the west, Swinton Avenue on the east, SW 1st Street on
the south, and NW 1st Street on the north, and extending one block north of NW 1st
Street. along NW 5th Avenue tO include Blocks 19 and 27, Town of Delray. The
P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 7
re_aulations established in Section~ 4,4,9(E)(4) and 4.4.9(G)(1) shall apply to all GC
zoned parcels within the Overlay District
(C) West Atlantic Avenue Architectural Review Committee (ARC):
(1) An Architectural Review Committee is hereby established to review all
development proposals located in the Overlay District. The ARC acts in
an advisory_ capacity, to the Board(s) taking action on a development
proposal.
(2) The ARC will consist of 7 members serving 2 year terms. Three of the
initial members will serve 1 year terms in order to stagger the terms of
committee members. ARC members are nominated by the CRA Board of
Commissioners.
a) Member.t, 9f the ARC shall be residents, property, owners, or
business owners within the area bounded by SW 10th Street. 1-95.
Swinton Avenue. and Lake Ida Road.
b) Membership 9f the Committee will be as follows:
· __ Two land development professionals (architect.' en~aineer.
surveyor, landscape architect, contractor, etc.):
· Two owners of businesses located in the West Atlantic Avenue
Overlay District and
· __ Three at large
(3)AIl applications, including signs, for cgmmercial or multiple family
residential development within the West Atlantic Avenue Overlay District
will be referred to the ARC and the Community_ Redevelopment Agenc.v.
for advisory_ review and comment.
(4) The ARC will meet as required to review submissions, rather than at
regular intervals.
LDR Section 4.6.9(E}(3} In-lieu Fee: If it is impossible or inappropriate to provide the
required number of on-site parking spaces, the City Commission may approve the
payment of a fee in-lieu of providing such required parking, pursuant to the following
provisions:
(a) The in-lieu fee is cn!y authorized only in the CBD e~=, OSSHAD, and GC
(West Atlantic Overlay District) Zoning Districts in compliance with the
Supplemental District Regulations therein.
· -.-..-i 100 ,I.,,m,m. ~
~.uE ~V~RLAY mEm~;- pNG. .._
ViDING A G~NERAL IEPF. A~R -
CLAUSE, A ,lAVING ~ ~ ..
Mi EFFECTIVE DATF.. ..... ~?
,MISSION OF THE C/TY OF D~LEAY -
GEACN, FLORIDA, A~NOIgG AR-
TICLE 4.~, "OVERLAY AND EHVk
GO~gN~NTAL A~.U~AG ~h'T
~rmcTs~, OF THE LAND DLWEU~- bet 25,'
MENT REGULATIORS OF THE CITY ,
TIC AVENUE OVERLAY DI~I'RICT~;
~: ~ · " '" RROVIOING A GENERAL
I1~11~1 OF IRIIU~ IIl~llll~ ANDAN EFFECTiVE DATE.
I A I~IUC HEARING m~ be ~ m ~
1:~ Rjr. m 11J~IDAY, ~ ~ ~N OROII~klICE OF TH~ CiTY C~M.
~ (~' It ~' com'im~ti~ of s~MISSIO~ OF THE CITY OF DELRAY
~lll~g ~ I~ tit by If~ C~ IF. ACH FLORIDA, AMENDING
Ilia), I~ the Cltf C~mmll~ Dram- TION 4~.~(E)(3), qI~LIEU FEE", OF
~ 1~ N.W. lit A~, D~riy THE LAND DEVELDPMEftT EEGU-
i ~ Florida, It width time flit ~ LATIOHS OF THE CITY OF D~LRAy
C~lss~a will ~ ~ ~ BEACH, EY J~)OING THE WEST AT-
· I~ at ~ ORiCe of ~ CNy TRICT WITHIN THE GEHERAL
~ TM I~ grdi~ncll ~1~ be LANTlc AVENUE ~ERLAY DIS- " '~ '
I~, ~rly teK'n, Ff0rkli ~ TRKT AS AN AREA IN WHICH TIlE
Iii kogrs d I:l~ a.m. ~o $:M p.m., CITY COh~ISSIOR MAY APPROVE - .1~1~11 I~TI~I l
~ ~ Frilly. ~ I~- 'THE PAYMENT OF A FEE IN LIEU
/
I1~. All In~ I~i~ ~r~ Invlt~l OF PROVIDING RE~JIRED RARK.
II M~ I~ be J~ Mil.fillet f~ IHG; PROVIDIltG A GENERAL RE.
Wllh~K~m, dm'dl~aflces. PEALER CLAUSE, A SAVING
-. CLAUSE, AND ~ EFFECTIVE ' ~ AN ~DflMJ~E OF THE CiTY ~
tlilIMM~J~,I?~# DATE. ' ' MI~/0N OF THE CITY OF DELRAY
: IF.~KCH, FLORIDA, CHAI~ING THE
~UI OROINAHCE OF THE CiTY ~ '~II~MI~.'I~4~ fUTURE IJ~O USE MAP ~ESIGNA-
M~SION OF TNE CITY OF DELEAY ~r '~'I~N IN THE COMPRE~'t~USIVE
lEACH, FLORIDA, AMENDING SEC' AR ORDINANCE OF THE CITY COM' ~- ~ FO~ A ~11 ACRE I"ORTIOR
TI~ 4.4.,~ 'OPEN SPACE (OS) DIS. ~MISSIOR OF THE CITY OF OELRAY OF LAKESIDE AT CENTRE DEL,
Tllc~, SUESECT~ON 4~.Z~(C)IF. ACH, FLORIDA, REZO~I#G CER- , lAY (OFFICE D~FOT), AS
~CESSORY USES AND STRUC, TAIN PARCELS OF L.A~D, AS MORE ? ~Mt. TICULARLY O~$CRIEED
TURES ALt.OWED', DF THE LAND 'PARTICULARLY D~CNISEO .?H~REIg, FROM O~I~N SPACE TO
DL~'ELDPMENT REGULATI0tIS OF HEREIN, FROM GC (~NERAL TRANSITIONAL; ELECTING 1'0
THE CITY OF DELRAY BEACH, RY COMMERCIAL) TO E.I.A (SINGLE i ' ~..EED UI~R THE ~INGLE
&DOING "~EACH CARANA CONCES- FAMILY RESIDENTIAL) DI~TRICTo · ~-~rr&Rl#G ADOPTION PROCESS
SIO~, UNDER CONTRACT WITH FROM FaC (GENERAL (3X~,MER-
THE CITY, L~ITED TO THE RENT- CIAL) TO AM ~SEDiUM DENSITY ~1' ~ FOR ~MALL ICALE LAND U~ MA
· AMENDMENTS; ~OVIDING
AL OF CHAIRS, UMBRELLAS, CA. RESIDENTIAL) DISTRICT, FROM .-LGENERAL IEPEALER CLAUSE, A
lANAI, AND BOOGIE BOARDS', AS R-~ (SINGLE FAMILY RESIDE~- ' ~' SAVING CLAUSE, AND AN EFFEC.
Mi ACCESSORY USE; PROVIDING TLAL) TO GC {GENERAL COMAIR- ,'. TIVE DATE.
A GENERAL REPEALER CLAUSE, CIAL) DISTRICT, FROM
A SAVING CLA(JSE, .&ND AN EF- ~MEDIUA4 DENSITY RESIDENTIAL) ~ '~'
FECTIVE DATE. TO GC {GENEIQ~L COMMERCIAL)
' DISTRICT; AND FROM K -~; AN OI~D~NARCE OF THE CITY COM-
~RO. II,# (GENERAL CGMMERCIAL) TO US '. MISSIO# OF THE CiTY OF DELRAY
(OPEN SPACE) DISTRICT; ALL AS BEACH, FLOrIDa, AMENDING SEC.
AR ORDINANCE OF THE CITY COM- REQUIRED TO iMPLEMENT THE 'TION 4.4.13, ~CENTIAL EUSINESS
/AISSION OP THE CiTY OF OELRAY IEST ATLANTIC AVENUE REDE-- .(C~O) DISTRICT', OF I'~E LAND
lEACH, FLORIDA. ADOPTIHG COt/,- YELOPMENT PLAN PURSUANT TO ' I~"~ELDPMENT REGULATIONS OF
PREHENSIVE PLAN AMENDMENT FUTURE LAND USE ELEMENT , ~HE CITY OF ~LRAY lEACH, TO
~ PURSUANT TO THE PROVI-IK~ICY C-L~ OF THE COMPREHEN- ~..~,,.LDW MULTi-FAMILY ItESIDEN-
SIONS OF THE 'LOCAL GOVERN- i $1VE I~N; SAID LAND
M~NT COMPREHENSIVE FLAN-GENERALLY LOCATED ON THE ~ TIAL DWELLING UNiTS AS A
#lNG AND LAND DEVELOI~A~NT HORTN ANO SO,TN SIDES OF AT- ~.'~ ~ITTED US~ W~THIN THE
REGULATION ACP, FLORIDA LANTIC AVENUE, RETWEEN ~lg- WITH A MAXIMUM GENSITY OF
~I'ATUTE$ ~CTIOgS 1~3.3~1 TON AVENUE ANG INTER· ~ UNIT~ F~R ACNE WEST OF
THROUGH 1~3.3~Q, INCLUSIVE; STATE.~S; AHO AMENOING 71% AVENUE AND I~ UNIT~ PER
AJ,.L AS J~,~RE PARTICULARLY DE- "ZONING MAP OF DELRAY lEACH, ACRE rrJ~T OF N.E. TrN AVENUE;
$CRIEED IH EXHIBIT "A' ENTI- FLONIDA, R94'; PROVIDING A PROVIDING FOR THE IIEGULA.
TLED ~:OMPREHEN$1VE PLANGENERAL REPEALER CLAUSE, A T~ON THEREOF; PROVIDING A
&It, ENDMENT t5-2' AND INCOR~O. SAVING CLAUSE, AND AR EFFEC- ~ ~HERAL REPEALER O.~USE, A
RATED HEREIN EY REPERENCE; TIVEDATL - ~AVING CLAUSE, ARD AN EFPEC-
PROVIDING A SAVING CLAUSE, A.~11~1~,'~4~ ~.'rWEDATE,
~ENERAL REPEALER CLAUSE,
ARD AN EFFECTIVE DATE. ·-~qMM be ~ ~ ff & ~
lillGMJlMll~ ~41 MI~ION OF THE CiTY OF DELRAY
· lEACH, FLORIDA. CHANGING THE Iny miner ~ It ~ fmrlng,
AR DEDINANCE OF THE CI'TY eOM- FUTURE LAND USE MAP GE$1GNA* : ~ ~ li~ ~ i ~ ~f R~
OF THE c,TY OF OELRAY "OR FROM ;
tEACH, FLORIDA, AMENDING SEC- TO CITY 'TRANSITIONAL', AND ES- '
· T~ON 4.3,4(H)(6){a), "SPECIAL TAELISHING INITIAL ZONING OF bit(m fl,:Md Mcbdl~ file
BUILDING SETBACKS', OF THE POC IPLANNED OFF~CE CENTER) ~ ~ ~ Wen wRich lh~ I~fll is
LAND ORVELOPMENT REGULA- DISTRICT, FOR A L72 ACRE PAR. ;: ~ M be IWN~. TM City ~ nM
TIONS OF THE CITY OF DELRAY CEL OF LAND LQC.,ATED ON THE ~:'li'~lK~ ~ ~
lEACH, IY DELETING THE SPE- WEST SIDE OF COgGRES$ AVE- F~Mt~.
~ SETBACN REQUIREMENT HUE, APPROXIMATELY. 1,4~0 FEET i
ALONG WEST ATLANTIC AVENUE ~)UTH OF GERMANTOWN I~OAO, ' * ~ITYOFDELRAYEEACH*
FROM
SWCNTON
AVE-
~ TO THE 14S INTERCHANGE; LARLY DE~CRIEED HEREIN;
PROVIDING A GENERAL REPEAL. ELECTING TO PROCEED UNDER
~ F. Jt CLAUSE, A SAVING CLAUSE, THE SINGLE HEARING ADO/~'IOR . ~(Mli":' :,ll~,'
- USE PLAN AMENDMENTS; AND '~ } ~ll~.~ kKh
--. lAY REACH, FLORIDA, R~'; PRO.
AR DED~NAllcE OF THE CITY COM-* ¥1DING A ~NERA~ REPEALER
MISSION OF THE CITY OF DELRAY .CLAUSE, A SAIqHG O,.AUSE, AHD
I~ACH, F~D~IDA. AMENDING SEC- AH EFFECTIVE DATE.
TK~ 4.Z4U)(~), qUCREASES TO '
HEIGHT REGULATIONS', ~l& -
PARAGRAPH 4.3.III)iR[bi(i), OF AR ORDINANCE Of: THE CiTY ~
THE LAND DEV~rLOP/~ENT REGU-
~J~TlOgS OF THE CITY OF DELRAY /RfSStON OF THE CITY OF DELEAY
K IEACH, BY MODIFYING THE EEACH, FLORIDA, CltANGING THE
' IOUNDAR~ES OF THE GEOGRAPH- FUTURE LAND USE MAP GESIGNA-
lC AREA ALONG ATLANTIC AVE-TIOg FEOM ~OUHTY q#DUSTRIAL*
· UE IN WHICH /NCR.E.A~E5 TO TO CITY 'qNDUSTRIAL; ARD ES-
;~IGHT REGULATIONS MAY NE TABLISfllNG INITIAL ZONING OF I
~lk~PROVED RY THE CITY CO~IS- (INDUSTRIALI OtSTRICT, r~ A
EJO~, PROVIDING A GENERAL RE* ?.fl ~CRE PANCEL OF LAND LO.
PEALER CLAUSE. A ~AVING CATED OR THE EAST SIDE OF
t , ~L,AUSE, ARD AN EFFECTIVE CO~GRE~ ,M*'ENUE, APPROXI.
IlIATELY 4M ,FEET ~OUTH OF GER-
,. ~ DATE. . ' · .
MANTOWN
ROAD,
THE
IS
$
f 'IIIIII/M~II~.'J~4~ : ! MORE PARTICULARLY
L ' ' · '- , 'KRIBED HEREIN; ELECTING TO
All ORDINANCE OF THE CITY ~f,-' PROCEED 'UNDER THE SINGLE
~-MISSION OF THE CITY OF DELRAY HEARIRG ADOPTION
' iI.~:.I~.ACN, FLORIDA. AMENDING SEC- FOR ~AALL ~AL.E LAND USE
~ ?lOg &4.t, ~,E#ERAL ~ON~AER- ~ /dAENDMENT~; ARO
~ CIAL (G() DISTRICT', OF THE~WE#DING "ZO~#G MAP OR DEL.
~,.~.~.AND D~/ELO~'MENT IEGULA- RAY lEACH, Im..O~IDA. gl4'; PRO.
~"TIONS OF THE CITY Of DELRAYVlGING A ~NERAL IEPEALER
~ ~EACH, RY INCORPORATING USECLAUSE. A SAVING CLAUSE, AND
,,,. IESTNICTION$ A#D DEVELOP-AN EFFECTIVE DATE.
T; ~N? STANDARDS TO RE AP. '
,z~..IED IN THE WEST ATLANTIC AV- *
· CONTINUED . .C?NT~uED