Ord 24-03ORDINANCE NO. 24-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REPEALING A
PORTION OF SECTION 1 OF ORDINANCE NO. 7-03
WHICH AMENDED THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", ARTICLE 4.4, "BASE ZONING
DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL
(GC) DISTRICT", SUBSECTION (G)(2), "NORTH FEDERAL
HIGHWAY OVERLAY DISTRICT'', BY REPEALING
SUBSECTION 2(C)(2)(C) PERTAINING TO PARKING
RATES AND ENACTING A NEW SUBSECTION 2(C)(2)(C)
PROVIDING FOR PARKING RATES FOR SRI.F SERVICE
STORAGE FACILITIES; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Ordinance No. 7-03 was passed and adopted in regnhr session on second and
final reading on April 15, 2003; and
WHEREAS, Ordinance No. 7-03 was heard at a public hearing before the Planning and
Zoning Board on March 17, 2003 wherein a finding of consistency with the Comprehensive Plan
was made; and
WHEREAS, this Ordinance repeals a portion of Section 1 of 4.4.9(G) 2(C)(2)(C) of
Ordinance No. 7-03 and enacts a new subsection 2(C)(2)(c) to provide spedfic parking rates in the
North Federal Highway Overlay District for self service storage facilities; and
WHEREAS, the City Commission of the City of Delray Beach finds that the change is
consistent with and furthers the goals and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DlqI.RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That a portion of Section 1 of Ordinance No. 7-03 which mended Section
4.4.9(G)2(C)(2)(C) is hereby repealed and a new Section 2(C)(2)(C) is hereby enacted to read as
follows:
(2) North Federal Highway Overlay District: The following supplemental
district regulations apply to the North Federal Highway Overlay District, as defined in
Section 4.5.7.
(c) In addition to subsection (b) above, any self service storage facility
shall comply with the following. The following regulations supersede Section 4.3.3(A):
(1) Lot Area: The minimum lot area is 1.5 acres and the
maximum lot area is 3 acres.
(2) Facilities and Requirements:
(a) Outdoor bay type access to individual self-storage
units that face a street is prohibited. The exterior loading access points shall be designed in
such a way to minimize sight lines from adjacent roads.
(b)
No building shall exceed forty-eight feet (48) in
height.
(C) parking shall be provided at the rates set forth in
Section 4.6.9 for the permitted service, office and retail uses and for self-storage uses.
parking shall be at a rate of one (1) parking space per 100 storage units or portion thereof.
including: (a) a minimum of three (3) loading spaces for the self-service stora~ facility that
must be striped and s'ugned to limit the time for loading and unloading to one (1) hour: and
in addition (b) three and one-ball (3.5) spaces for each 1,000 square feet of accessory, office
use associated with the self-storage use. Notwithstanding the above, a minimum of five (5)
parking spaces other than loading spaces shall be provided in connection with the self-
,to,ge use.
(d) At least 2,500 square feet of ground floor area shall be
devoted to at least one additional principal retail or sexvice use without limiting the
foregoing. The additional prindpal uses may be eating and drinking establishments, retail or
personal service.
2 ORD. NO. 24-03
Section 2. That all ordinances or parts of ordinances in express conflict herewith be, and the
same are hereby repealed, provided, however, all other terms and provisions of Ordinance No. 7-03
shall remain in full force and effect.
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 fi.ND ADOPTED in regnl~r session on second and final reading on this the
day of ~~/z~ ,2003.
City Clerk
First Readin~
Second Re~din~
ORD. NO. 24-O3
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # ~>
ORDINANCE NO. 24-03
- REGULAR MEETING OF AUGUST $. 2003
AUGUST 1, 2003
This is second reading and second public heating for Ordinance No. 24-03 mending Ordinance No.
7-03 by repealing Section 4.4.9(G)2(C)(2)(C) and enacting a new Section 2(C)2(C). Ordinance No. 24-
03 modifies the parking requirements for self storage facilities in the North Federal Highway Overlay
District and proposes that there should be one (1) parking space for every 100 storage units; inclusive
of the three 0) loading spaces/limiting the time for loading/unloading to one (1) hour, and three and
one-half (3.5) parking spaces for each 1,000 square feet of accessory office use associated with self-
storage use.
At first reading and first public hearing on July 22, 2003, the City Commission passed Ordinance No.
24-03.
Recommend approval of Ordinance No. 24-03 on second and final reading.
S:\CAty Clerk\chevelle folde~Xagenda mem~XOrd.24.03.8.5.03
TO:
THRU:
FROM:
SUBJECT:
DAVI..~,~D E ~MA, N AG E R
P~.UL DOI~LING, DIREqTO~ OF PLANNING & ZONING
MEETING OF AUGUST 5, 2003 - REGULAR AGENDA
AMENDMENT TO ORDINANCE NO. 7 - 03 WITH REGARDS TO PARKING
REQUIREMENTS FOR SELF SERVICE STORAGE FACILITIES IN THE
NORTH FEDERAL HIGHWAY OVERLAY DISTRICT OF THE GC ZONING
DISTRICT
On April 15, 2003, the City Commission adopted Ordinance No. 7-03, allowing self service
storage facilities as a conditional use in the North Federal Highway Overlay District of the GC
(General Commercial) zoning district. While the Commission adopted the ordinance,
concerns were noted with regards to the proposed parking requirement component of the
ordinance (two (2) spaces striped for loading and unloading with a one (1) hour time limit).
Staff was directed to review the parking requirements and return to City Commission with a
recommendation.
At the City Commission meeting of May 20, 2003 the Commission approved on first reading
Ordinance No. 15-03 wherein Staff recommended that the parking requirements for self
service storage facilities in the North Federal Highway Overlay District should be 1 space for
every 50 storage units, or portion thereof, inclusive of the associated management office
floor area.
Upon second reading at the June 3, 2003 City Commission meeting the consensus of the
Commission was that the proposed requirement was excessive and the proposed Ordinance
was denied unanimously. City Commission directed Staff to meet with the applicant to
provide a compromise. Based upon meetings with the applicant, Staff is recommending that
self service storage facilities in the North Federal Highway Overlay District provide one (1)
parking space for every 100 storage units, or portion thereof, including: (a) a minimum of
three (3) loading spaces for the self-service storage facility that must be striped and signed
to limit the time for loading and unloading to one (1) hour; and (b) three and one-half (3.5)
spaces for each 1,000 square feet of accessory office use associated with the self-storage
use. Notwithstanding the above, a minimum of five (5) parking spaces other than loading
spaces shall be provided in connection with the self-storage use.
Ordinance No. 24-03 (attached) proposes an amendment to Ordinance No. 7-03 regarding
the aforementioned parking requirements.
By motion, approve on second reading Ordinance No. 24-03 modifying the parking
requirements for self service storage facilities in the North Federal Highway Overlay District
of the GC Zoning District.
Attachment:
[] Ordinance No. 24-03
ORDINANCE NO. 2403
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DI~J.RAY BEACH, FLORIDA, REPEALING A
PORTION OF SECTION I OF ORDINANCE NO. 7-03
WHICH AMENDED THE LAND DEVFJ.OPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, 'FLORIDA, BY
AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", ARTICLE 4.4, "BASE ZONING
DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL
(GC) DISTRICT", SUBSECTION (G)(2), "NORTH FEDERAL
HIGHWAY OVERlaY DISTRICT'', BY REPEALING
SUBSECTION 2(C)(2)(C) PERTAINING TO PARKING
RATES AND ENACTING A NEW SUBSECTION 2(C)(2)(C)
PROVIDING FOR PARKING RATES FOR SELF SERVICE
STORAGE FACILITIES; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Ordinance No. 7-03 was passed and adopted in regular session on second and
final reading on April 15, 2003; and
WHEREAS, Ordinance No. 7-03 was heard at a public hearing before the Planning and
Zoning Board on March 17, 2003 wherein a finding of consistency with the Comprehensive Plan
was made; and
WHEREAS, thi.~ Ordinance repeals a portion of Section 1 of 4.4.9(G) 2(C)(2)(C) of
Ordinance No. 7-03 and enacts a new subsection 2(C)(2)(c) to provide specific parking rates in the
North Federal Highway Overlay District for sdf senrice storage facilities; and
WHEREAS, the City Commission of the City of Delray Beach finds that the change is
consistent with and furthers the goals and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMlVlISSION OF THE
CITY OF DFJ.RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That a portion of Section 1 of Ordinance No. 7-03 which amended Section
4.4.9(G)2(C)(2)(C) is hereby repealed and a new Section 2(C)(2)(C) is hereby enacted to read as
follows:
(2) North Federal Highway Overhy District: The following supplemental
district regulations apply to the North Federal Highway Overhy District, as defined in
Section 4.5.7.
(c) In addition to subsection (b) above, any self service storage facility
shall comply with the following. The following regulations supersede Section 4.3.3(A):
(1) Lot Area: The minimum lot area is 1.5 acres and the
maximum lot area is 3 acres.
(2) Facilities and Requirements:
(a) Outdoor bay type access to individual self-storage
units that face a street is prohibited. The exterior loading access points shall be designed in
such a way to minimize sight lines from adjacent roads.
No building shall exceed forty-eight feet (4S~ in
height.
(q) parking shall be provided at the rates set forth in
Section 4.6.9 for the permitted service, office and retail uses and for self-storage uses.
parking shall be at a rate of one (1) parking space per 100 storage units or portion thereof.
including: (a) a minim~n of three (3) loading spaces for the self-service storage facility, that
must be striped and s'_mned to limit the time for loading and unloading to one (1) hour: and
in addition ~) three and 0ne-half (3.5) spaces for each 1.000 square feet of accessory, office
use associated with the self-storage use. Notwithstanding the above, a minimum of five (5)
parking spaces other than loading spaces shall be provided in connection with the self-
(d) At least 2,500 square feet of ground floor area shall be
devoted to at least one additional principal retail or service use without limiting the
foregoing. The additional principal uses may be eating and drinking establishments, retail or
personal service.
2 ORD. NO. 2403
Section 2. That all ordinances or parts of ordinances in express conflict herewith be, and the
same are hereby repealed, provided, however, all other terms and provisions of Ordinance No. 7-03
shall remain in full force and effect.
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 regnlur session on second and final reading on this the
day of ,2003.
ATTEST
MAYOR
city cl ,
First Reading
Second Reading
3 ORD. NO. 24-03
TO:
THRU:
FROM:
DAVID T. HARDEN, CITY MANAGER
SUBJECT:
MEETING OF MAY 20, 2003 - REGULAR AGENDA
AMENDMENT TO ORDINANCE NO. 7-03 WITH REGARDS TO PARKING
REQUIREMENTS FOR SELF SERVICE STORAGE FACILITIES IN THE
NORTH FEDERAL HIGHWAY OVERLAY DISTRICT OF THE GC ZONING
DISTRICT
On Apdl 15, 2003, the City Commission adopted Ordinance No. 7-03, allowing self service
storage facilities as a conditional use in the North Federal Highway Overlay District of the GC
(General Commercial) zoning district. While the Commission adopted the ordinance,
concerns were noted with regards to the proposed parking requirement component of the
ordinance (two (2) spaces striped for loading and unloading with a one (1) hour time limit).
Staff was directed to review the parking requirements and return to City Commission with a
recommendation.
At the City Commission meeting of May 20, 2003 the Commission approved on first reading
Ordinance No. 15-03 wherein Staff recommended that the parking requirements for self
service storage facilities in the North Federal Highway Overlay District should be 1 space for
every 50 storage units, or portion thereof, inclusive of the associated management office
floor area.
Upon second reading at the June 3, 2003 City Commission meeting the consensus of the
Commission was that the proposed requirement was excessive and the proposed Ordinance
was denied unanimously. City Commission directed Staff to meet with the applicant to
provide a compromise. Based upon meetings with the applicant, Staff is recommending that
self service storage facilities in the North Federal Highway Overlay District provide one (1)
parking space for every 100 storage units, or portion thereof, including: (a) a minimum of
three (3) loading spaces for the self-service storage facility that must be striped and signed
to limit the time for loading and unloading to one (1) hour; and (b) three and one-half (3.5)
spaces for each 1,000 square feet of accessory office use associated with the self-storage
use. Notwithstanding the above, a minimum of five (5) parking spaces other than loading
spaces shall be provided in connection with the self-storage use.
Ordinance No. 24-03 (attached) proposes an amendment to Ordinance No. 7-03 regarding
the aforementioned parking requirements.
By motion, approve on first reading Ordinance No. 24-03 modifying the parking requirements
for self service storage facilities in the North Federal Highway Overlay District of the GC
Zoning District, and setting a public hearing date on August 19, 2003.
Attachment:
[] Ordinance No. 24-03 ~,{~) 9
CITY OF DELRAY BEACH
NOTICE OF PROPOSED
AMENDMENTTOTHE LAND
DEVELOPMENT REGULATIONS
SECTION 4.4.9 GENERAL
COMMERCIAL (GC) DISTRICT
NORTH FEDERAL HIGHWAY
OVERLAY DISTRICT BY
REPEAENG SUBSECTION 2(C)(2)(C)
PERTAINING TO PARKING RATES
AND ENACTING A NEW SUBSEC'nON
(2)(C)(2)(C) PROVIDING FOR
PARKING RATES FOR SELF
SERVICE STORAGE FAClUTIES
The City Commission of the City of Deiray Beach, FIo~la, proposes to adopt the ~-
lowing ordinance:
ORDINANCE NO. 24433
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, REPEALING A PORTION OF SECTION I OF ORDINANCE
NO. 7-03 WHICH AMENDED THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING CHAPTER FOUR, 'ZONING REGULATIONS', ARTICLE 4.4, ~BASE
ZONING DISTRICT", SECTION 4.4.9, 'GENERAL COMMERCIAL (GC) DIS-
TRICT", SUBSECTION (G)(2), 'NORTH FEDERAL HIGHWAY OVERLAY DIS-
TRIC'I", BY REPEALING SUBSECTION 2(C)(2)(C) PERTAINING TO PARKING
RATES AND ENACTING A NEW SUBSECTION 2(C)(2)(C) PROVIDING FOR
PARKING RATES FOR SELF SERVICE STORAGE FACILITIES; 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 accept-
ing public testimony regarding the proposed ordinance. The first Public Hearing will
be held on TUESDAY. JULY 22. 2003 AT 7:00 P.M. in the Commission Chambers
at City Hail, 100 N.W. 1m Avenue, Delray Beach, Florida. If the proposed ordinance
is passed on first reading, a second Public Headng will be held on TUESDAY.
AUGUST 5. 2003. AT 7:00 P.M. (or at any continuation of such meeting which is set
by the Commission).
Ail interested citizens are invfted 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. IsI Avenue, Delray Beach, Florida 33444 (email at
DzmailOmvdeiraybeach.com) or by calling 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 DECI-
SION 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 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.
' crw OF DELRAY BEACH
? Barbara Garito, CMC
PUBLISH: Monday, July 14, 2003 ,
wednesday, Ju~ ao, 2oo3
CITY*OF DELRAY BEACH
NOTICE OF PRoPO~ED
~IF~i~IE~~THE I.~lD
· DEVELOPMENT REGULATIONS
SEC~IO~ 4.4.9 GENER~
COMMERCIAL (GC) DISTRICT
NORTH I~DER~ HIGI-~AY
OVERLAY DISTRICT BY
REPEAUNG SUBSECTION 2(C)(2)(C)
PERTNNING TO PARKING I~~
AND ~ A NEW' SUBSEC'TION
(2)(C)(2)(C) PROVIDING FOR
P~qKING I~~ FOR SEI.F
SERVICE STORAGE FACILmES
AN ORDINANCE OF THE CFI'Y COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, REPEALING A PORTION OF SECTION I OF ORDINANCE
NO. 7-03 WHICH AMENDED THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
!AMENDING CHAPTER FOUR, "ZONING REGULATIONS', ARTICLE 4.4, "BASE
ZONING DISTRICT', SECTION 4.4.9, 'GENERAL CONMERCIAL (GC) DIS-
TRICT', SUBSECTION (G)(2), 'NORTH FEDERAL HIGHWAY OVERLAY DIS-
TRICT', BY REPEALING SUBSECTION 2(C)(2)(C) PERTAINING TO PARKING
RATES AND ENACTING A NEW SUBSECTION :2(C)(2)(C) PROVIDING FOR
PARKING RATES FOR SELF SERVICE STORAGE FACILITIES; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
.DATE.
! 'The City Corrm~issiort will cor~uct two (2) PtJt~ic How. lng8 lot tho i:wrpo~ ~ aooel~
i:m held on TUEGD~y. JULY 22. ~003 AT 7.-00 P.M. in the G0fTmdBslO~ (~ambor8
at City Hair, 100 N.W. 1sT Avm,.uo, Dolrw E~ach, Fioric~ If tho Icx, oFx:~ed orciinance
is i~ssed on first reading, a SECOnd Public Hearing win be held o~ ~
AUGUr1' 5. 2003. AT 7:00 P.M. (or ~ ~ly conth~ua~on of 8uch mE)09f~ whk~ is sot
by the ~mmission).
m obtain a copy of the paa3oaed o~eance, ~ ~ U~ ehmning and Zoning
Deparlment,~Hall, 100N.W. 1 Avenue, DekayBeach,~ 3~...(emailat
8.'00 a.m. and 5:00 p.m., Monday through Friday, excluding Ix)lidays.
PL.EASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DEGI-
SION MADE BY THE CfTY COMMI881ON WITH RESPECTF TO ANY MATTER
CONSIDERED AT THESE HEARINGS, SLI~H PERSON MAY NEED TO ENSURE
THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL I$ TO BE BASED. THE CITY DOES NOT PFIOVIDE
NOR PREPARE SLK~H RECORD PURSUANT TO F.$. 286.0106.