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Ord 22-99 ORDINANCE NO. 22-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13{B), "PRINCIPAL USES AND STRUCTURES PERMITTE~', SUBSECTION 4.4.13(F) (2), "OPEN SPACE", SUBSECTION 4.4.13(G) (2), "SETBACKS", AND SUBSECTION 4.4.13(H), "SPECIAL REGULATIONS", SUBPARAGRAPH (4); BY AMENDING SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT-RAILROAD CORRIDOR (CBD-RC)", SUBSECTION 4.4.28(B), "PRINCIPAL USES AND STRUCTURES PERMITTE~', ALL TO AMEND THE CENTRAL BUSINESS DISTRICT AND THE CENTRAL BUSINESS DISTRICT- RAILROAD CORRIDOR ZONE DISTRICTS IN CONJUNCTION WITH THE ADOPTED PINEAPPLE GROVE MAIN STREET PLAN; 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 proposed text amendments at a public hearing on June 21, 1999, and voted unanimously to forward the changes 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 changes are consistent with and further 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: Section 1. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD) District", and Section 4.4.28, "Central Business District-Railroad Corridor", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same are hereby amended as set forth in Exhibit "A" attached hereto and made a part hereof. Section 2. That all ordinances or parts of ordinances in Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed.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 its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 20th day of July , 1999. ATTEST: ~City Cl~rk / First Reading: July 6~ 1999 Second Reading: July 20, 1999 EXHIBIT "A" to ORDINANCE NO. 22-99 PROPOSED AMENDMENTS Section 4.4.13 Central Business (CBD) District: (A) Purpose and Intent: The Central Business District (CBD) Zone District is established in order to preserve and protect the cultural and historic aspects of downtown Delray Beach and simultaneously provide for the stimulation and enhancement of the vitality and economic growth of this special area. Establishment of the CBD District is consistent with and implements, in part, Objective C-4 of the Land Use Element of the Comprehensive Plan. The CBD District is generally applied to territory depicted in the Commercial Core designation on the Future Land Use Map. (B) Principal Uses and Structures Permitted: The following types of use are allowed within the CBD District as a permitted use: (1) General retail uses including, but not limited to: * Antiques, arts and crafts, automotive parts, baked goods, books, cafpet and floor covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and slipcovers, medicines and prescriptions, electrical fixtures and supplies, fabrics, fish, flowers and plants, fruits and vegetables, food, garden supplies, gifts, glassware, hardware and paints, home furnishings, ice cream, lawn care equipment leather goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods, toys, wearing apparel and accessories, appliances, bicycles, business machines, jewelry. (2) Business and Professional uses including, but not limited to: * Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, professional offices. P&Z Board Memorandum Staff Report Text Amendment to LDR Section 4.4.13 CBD Zone District Page 6 (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD District: (8) Gasoline Stations or the dispensing of gasoline directly into vehicles, except that such use shall not be allowed east of the Intracoastal Waterway, nor on lots which front along Atlantic Avenue or NE 2nd Avenue (a/k/a Pineapple Grove Way), beginning at a point 105' south of NE 4t" Street. Amendment to Section 4.4.14(F)(2) (F) Development Standards: The develoPment standards set forth in Section 4.3.4 shall apply, except as modified below: [Amd. Ord. 24-95 5116195] (1) Height: The CBD is a geographic area in which exceptions to height regulations are allowed pursuant to Section 4.3.4(J). (2) Open Space: A minimum of 10% non-vehicular open space shall be provided; however, within the area encompassed by the boundaries of the original Downtown Development Authority as described in Section 8.2.2(B), and within ~ those sections of the CBD zoning district located within the Pineapple Grove Main Street area and east of the Intracoastal Waterway, there shall be no minimum open space -. requirement. Notwithstanding the provisions of this section, the body acting upon a · development application within the CBD may require that open areas, including but not limited to courtyards, plazas, and landscaped setbacks, be provided in order to add interest and provide relief from the building mass. [Amd. Ord. 24-95 5116195] Amendment to Section 4.4. ~3(G)(2) (G) Supplemental District Re~lulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. (2) Setbacks: Within the area encompassed by the boundaries of the DDA as originally established in Section 8.2.2(B), there shall be no required front, side (interior), side (street), or rear building setbacks except for th_~ ~_!t'_'2tion where there is no dedicated access to the rear of a building, a ten foot (10') side setback shall be provided. a) Within those sections of the CBD zoning district located in the Pineapple Grove Main Street area and east of the Intracoastal Waterway, a front setback of not less than five feet (5') nor greater than ten feet (10') and a 5' side (street) setback shall be provided. _- There shall be no required side (interior) or rear building setbacks P&Z Board Memorandum Staff Report Text Amendment to LDR Section 4.4.13 CBD Zone District Page 7 except where there is no dedicated access to the rear of a building, a ten foot (10') side setback shall be provided. Amendment to Section 4.4.13(H)(4) (H) Special Regulations: (1) The sale of second hand material other than verifiable antiques, automotive parts, firearms, and lawn care equipment shall not be allowed within businesses nor on properties which have an entry from and/or windows along and/or frontage on East Atlantic Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way) between East Atlantic Avenue and N.E. 4th Street. [Amd. Ord. 14-98 3117198]; [Amd. Ord. 58-90 12111190] (2) The picking-up, dropping-off, or otherwise transporting workers, assigned through an employment agency, from an assembly point in the CBD to the work site is prohibited. DELETED (3) AND RENUMBERED [Amd. Ord. 8-98 2~3~98] (3) Minimum floor area for multi-family residential dwelling units shall be as established for the Medium Density Residential (RM) zoning district in Section 4.3.4(K). [Amd. Ord. 8-98 2~3~98]; [Amd. Ord. 80-95 1215195] (4) Multi-family dwelling units may be located in structures that are comprised of residential units only or in mixed-use buildings that contain a combination of residential and non-residential uses. However, where residential uses are located in structures having frontage on Atlantic Avenue or N.E. 2"d Avenue (a/k/a Pineapple Grove Way), there must be nonresidential uses fronting the avenue on the ground floor. [Amd. Ord. 8-98 2~3~98]; [Amd. Ord. 80-95 1215195] (5) The rental of sporting goods and equipment shall be limited to no more than one business renting a specific category of item (i.e. bicycles, skates, etc.) every 300 feet measured in a straight line from door to door, and any outdoor displays are subject to the restrictions set forth in Section 4.6.6(C)(3). [Amd. Ord. 15-98 4121198] Amendment to Section 4.4.28 Central Business District- Railroad Corridor (CBD-RC) (B) Principal Uses and Structures Permitted: The following types of uses are allowed within the CBD-RC District as permitted uses: P&Z Board Memorandum Staff Report Text Amendment to LDR Section 4.4.13 CBD Zone District Page 8 (1) All uses allowed as such within the CBD District [Section 4.4.13(B) (1) through (5)]. (2) Fabrication and/or Assembly: The working or combining of processed or manufactured materials or parts for distribution or sale, such as sheet metal, sign shops, glass shops, and cabinet making. (3) Wholesaling, Storage and Distribution: The wholesaling, storage and distribution of products and materials, other than self-storage facilities, provided that such products and materials shall not exceed 55 gallons of any substance which is listed on the Generic Substances List of the Palm Beach County Wellfield Protection Ordinance (Reference Palm Beach County Land Development Code, Article 9, Section 9.3). (4) Contractor and Trade Services: Uses which are primarily engaged in providing an off-site service but which maintain inventory, equipment and a business office at a central location, such as general contractor, electrician, painter, plumber, tile contractor, air conditioning specialists. (5) Automobile brokerage, including vehicle display within an enclosed structure. ~u~z~ (c~u; UI~T~±CT", SUBSECTION 4.4.13(B), "PRINCIPAL USES AND STRUCTURES PEKMITTE~', SUBSECTION 4.4.13(F) (2), "OPEN SPACE", SUBSECTION 4.4.13 (G) (2) , ~ SETBACKS", AND SUBSECTION 4.4.13 (H) , "SPECIAL REGULATIONS", SUBPARAGRAPH (4); BY AMENDING SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT-RAILROAD CORRIDOR (CBD-RC)f', SUBSECTION 4.4.28(B), "PRINCIPAL USES AND STRUCTURES PERMITTED", ALL TO AMEND THE CENTRAL BUSINESS DISTRICT AND THE CENTRAL BUSINESS DISTRICT- P~ILROAD CORRIDOR ZONE DISTRICTS IN CONJUNCTION WITH THE ADOPTED PINEAPPLE GROVE MAIN STREET PLAN; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. W~EREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendments at a public hearing on June 21, 1999, and voted unanimously to forward the changes 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 changes are consistent with and further 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: Section 1. That Chapter Four, "Zoning Regulati¢.ns", Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD) District", and Section 4.4.28, "Central Business District-Railroad Corridor", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same are hereby amended as set forth in Exhibit "~' attached hereto and made a part hereof. Section 2. That all ordinances or parts of ordinances in ~:~I 9g/£0 ~Ii 'iS XJ~L¥ lid H39 q~ ~I NOIi~3NNO3 ON ********************* *** iSOd~8 Xi *** ********************* IO0~ ~H3q3 iii3 ~l£~ ~g I9~ XVA I~:~I NO~ 66/9g/LO MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY br~NAGER SUBJECT: AGENDA ITEM #10~ - REGULAR MEETING OF JULY 20, 1999 ORDINANCE NO. 22-99 (SECOND READING/SECOND PUBLIC HEARING) DATE: JULY 16, 1999 This is second reading and a second public hearing for Ordinance No. 22-99 which amends the following sections of the Land Development Regulations: CBD-RC (Central Business District-Railroad Corridor) zone district, Section 4.4.28(B), "Principal Uses and Structures Permitte~'; and CBD (Central Business District) Sections 4.4.13(B) (1) & (2), ~Principal Uses and Structures Permitted", Section 4.4.13(F) (2), "Open Space", Section 4.4.13(G) (2), ~Setbacks", and Section 4.4.13(H) (4), "Special Regulations". The changes are associated with the adoption of the Neighborhood Plan for Pineapple Grove Main Street. On May 5, 1998, the City Commission adopted the neighborhood plan for Pineapple Grove. The plan included recommendations to amend the Land Development Regulations to extend provisions that currently apply in the CBD zone between N.E. and S.E. 1sr Streets (original boundaries of the DDA) throughout Pineapple Grove. These items relate to the reduction of building setbacks, elimination of open space requirements, and elimination of inappropriate uses. The proposed LDR amendments contained in Ordinance No. 22-99 are required to implement the recommendations of the plan. Additional background and an analysis of the request are found in the attached Planning and Zoning staff report. The Planning and Zoning Board considered the amendments at a public hearing on June 21, 1999. No one from the public spoke in favor or opposition to the changes. The Board voted unanimously to recommend to the City Commission that the proposed LDR amendments be approved. At first reading on July 6, 1999, the ordinance was passed by unanimous vote of the Commission. Recommend approval of Ordinance No. 22-99 on second and final reading, based upon the recommendation and positive findings of the Planning and Zoning Board. Ref:Agmemol9 Ord22-99 LDRamendments. PineappleGroveNeighborhood ~ MEETING OF: JUNE 21, 1999 AGENDA ITEM: V.A. AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS ASSOCIATED WITH THE PINEAPPLE GROVE MAIN STREET NEIGHBORHOOD PLAN : : : : ITEM~BEEORE The item before the Board is that of making a recommendation to the City Commission on amendment of the CBD-RC (Central Business District - Railroad Corridor) zone district Section 4.4.28 (B) Principal Uses and Structures Permitted; and the CBD (Central Business District) zone district including Sections 4.4.13 (B)(1) & (2) Principal Uses and Structures Permitted, 4.4.13 (F)(2) Open Space, 4.4.13 (G)(2) Setbacks, and 4.4.13 (H)(4) Special Regulations. The changes are associated with the adoption of the neighborhood plan for Pineapple Grove Main Street. Pursuant to LDR Section 1.1.6, amendments to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. The Pineapple Grove Main Street Program was established in August, 1994 to focus revitalization efforts on the Pineapple Grove area, generally bordered by Atlantic Avenue on the south; N.E. 4th Street on the north; the F.E.C. Railroad on the east; and N.E. 1st Avenue on the west. The area encompasses three zoning districts as follows: OSSHAD (Old School Square Historic Arts District) to the west; CBD (Central Business District) in the center and south end; and CBD-RC (Central Business District - Railroad Corridor) to the northeast. In March 1996, a design charrette was held to generate community consensus to serve as the basis for the Pineapple Grove redevelopment plan. During the charrette, it was the consensus of the participants that the focus on the neighborhood plan was to encourage arts-related and nighttime activities, a pedestrian friendly environment, infill residential and commercial development, and the elimination of certain uses and blighted situations. On May 5th, 1998, the City Commission adopted the neighborhood plan for Pineapple Grove. The Plan included recommendations to amend the Land Development Regulations to reflect many of the provisions that have already been implemented within the CBD zone district for that portion between N.E. and SE 1st Streets (original 'P&Z Board Memorandum Staff Report Text Amendment to LDR Section 4.4.13 CBD Zone District Page 2 boundaries of the DDA). These items relate to the reduction of building setbacks, elimination of open space requirements, and elimination of inappropriate uses. While the plan suggests specific language for text amendments, this language was not automatically adopted with the approval of the Neighborhood Plan. The proposed LDR Amendments herein are required to implement the Plan. Building Setbacks - Currently, no setbacks are required in the CBD zoning district for that portion of Pineapple Grove that is located in the original boundaries of the DDA (one block between Atlantic Avenue and N.E. 1st Street). The Plan proposed similar development standards for that CBD zoned portion of the Pineapple Grove area located north of N.E. 1st Street. The Plan suggests a front setback that is a minimum of 5' and a maximum of 10', and a zero side interior, side street and rear setback. Staff feels, however, that it would be appropriate to require a 5' side street setback for site visibility and consistency purposes. Open Space - The open space requirement in the Pineapple Grove area would be eliminated, which is consistent with the development standards for the area encompassed by the boundaries of the original DDA and that section of the CBD which is located east of the Intracoastal Waterway. Open areas may still be required through the review process. Mixed Use Buildin~ls - Language would be added to require that any residential uses fronting Pineapple Grove Way have a nonresidential component on the ground floor fronting the street. Inappropriate Uses- Many of the uses listed in the Pineapple Grove Main Street Plan as uses that should not be allowed along Pineapple Grove Way were not permitted at the time that the plan was adopted (i.e. tattoo/body piercing, shooting ranges, adult entertainment). Others have since been eliminated through LDR amendments or similarity of use determinations (second hand sales and psychic readers). The sale of lawn care equipment and automotive parts is specifically listed as permitted. "Gun Shop" is not a specifically listed use but would probably be classified as retail sales similar to sporting goods, which is listed. It is recommended that these uses be added to Section 4.4.13(H)(1) Special Regulations, which currently restricts the sales of second hand materials along Pineapple Grove Way. Currently, there is one retail store that sells automotive parts (A to Z Auto Parts) which will become a non-conforming use as a result of this amendment. The plan also recommends that gasoline stations be eliminated as a Conditional Use from the plan area except for the gasoline station located at the southeast corner of NE 4th Street and Pineapple Grove Way. Language to this effect has been added under the Conditional Use section of the CBD zone district. P&Z Board Memorandum Staff Report Text Amendment to LDR Section 4.4.13 CBD Zone District Page 3 Other Proposed Changes to the CBD Zone District- · Section 4.4.13(B)(1) Principal Uses and Structures Permitted: states all uses allowed as such within the GC district [Section 4.4.9(B)(1) & (2)]. Instead of making reference to the GC zone district, which can be confusing to the general public, it would be appropriate to list all of the permitted uses in the CBD district. ° Section 4.4.13 (B)(2) allows automobile brokerage, including vehicle display within an enclosed structure, but excluding any preparation, service, or repair work as a permitted use in the CBD district. Pursuant to Comprehensive Plan Policy A-2.4 (1) of the Future Land Use Element, it states that Auto related uses other than gasoline stations, wash establishments, and auto parrs sa/es, shaft not be permitted in the area encompassed by the CBD zone district. There are currently no auto brokerage operations located within the CBD. Based on the above, it would be appropriate to eliminate automobile brokerage as a permitted use in the CBD district with this amendment. As the CBD-RC district Regulations refer back tot he CBD regulations, it is necessary to add the use into the CBD-RC code. ° Currently, within that area of the CBD zone district located east of the Intracoastal Waterway a 10' front, side street and rear setback and zero side interior setback is required. It seems appropriate to reduce the setback requirements as proposed for the Pineapple Grove area, which provides for a more pedestrian oriented streetscape, and better reflects the existing pattern of development. :: :~: : >~: ~ ~ ~ iii ~': :::,~;,,~ , ' ~:::?' '~i~ :~': "~*'~!~l~,~ ~¢~ ~ ~:i'' ~i/~i~ *~ ~ LDR Section 2.4.5(M)(5) (Findings): In addition to provisions of Section 1.1.6(A), the Ci~ Commission must make a finding that the text amendment is consistent with and fu~hers the Goals, Objectives and Policies of the Comprehensive Plan. Policy C-4.4 of the Future Land Use Element states that the City Suppo~s the effo~s to revitalize the Pineapple Grove Main Street area, and the use of the Main Street approach: organization, promotion, design, and economic restructuring. The adopted neighborhood plan for Pineapple Grove Main Street suppoKs this policy and the associated text amendments are needed to implement the plan. The proposed amendments are consistent with the neighborhood plan as well as this policy. Pineapple Grove Main Street Executive Board The amendments were presented to the Pineapple Grove Executive Board at its meeting of June 8, 1999. While the Board discussed the item they did not make a formal recommendation. P&Z Board Memorandum Staff Report Text Amendment to LDR Section 4.4.13 CBD Zone District Page 4 Community Redevelopment Agency The amendments were presented to the CRA at its meeting of June 10, 1999. The Board did not feel comfortable making a recommendation until the Pineapple Grove Main Street Executive Board made a recommendation. The amendments will be sent back to both Boards for a recommendation prior to action by the City Commission. By Motion, recommend that the City Commission approve amendments to LDR Section 4.4.13 Central Business District (CBD) and Section 4.4.28 Central Business District - Railroad Corridor (CBD-RC) as provided in the attachment. Attachment: Proposed Amendments 07/20/99 TUE 16:44 FAX 561 243 7314 ENVIRONMENTAL SRV. DEPT. ~001 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: Jeff Costello, Principal Planner FROM: Barron E. Caronite, PE, Assistant City Enginee~ DATE: July 20, 1999 SUBJECT: Setback Reduction I have reviewed the properties located on Pineapple Grove Way between Atlantic Avenue and NE 4th Street and those properties located on Atlantic Avenue East of the intracoastal waterway. The reduction of the front building setback from 10 feet to 5 feet should not adversely affect the vehicular and/or pedestrian access to the properties in question. It is my understanding that concerns were raised regarding access difficulties arising from the difference between the finished floor elevation and the curb elevation of projects recently submitted in the North Federal Highway corridor. If a property owner desires to construct or renovate a building where the finished floor elevation is less than 18 inches above the crown of the road, the City's Land Development Regulations allow for a variance as long as the finished floor elevation is set above the 100 year storm and/or FEMA designated flood elevation. Under this variance, it is possible that the finished floor of a building can be set below the minimum 18" above the road crown elevation. As such, individual applications are reviewed on a case by case basis when documentation is provided by the owner's agent. These variances are granted administratively by the City Engineer and several have been granted in the past within the Central Business District. Memos to P&Z MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM #10~- REGULAR MEETING OF JULY 20, 1999 ORDINANCE NO. 22-99 (SECOND READING/SECOND PUBLIC HEARING) DATE: JULY 16, 1999 This is second reading and a second public hearing for Ordinance No. 22-99 which amends the following sections of the Land Development Regulations: CBD-RC (Central Business District-Railroad Corridor) zone district, Section 4.4.28(B), "Principal Uses and Structures Permitted"; and CBD (Central Business District) Sections 4.4.13 (B) (1) & (2) , ~Principal Uses and Structures Permitted", Section 4.4.t3(F)(2), "Open Space", Section 4.4.t3(G) (2), "Setbacks", and Section 4.4.13(H) (4), "Special Regulations". The changes are associated with the adoption of the Neighborhood Plan for Pineapple Grove Main Street. On May 5, 1998, the City Commission adopted the neighborhood plan for Pineapple Grove. The plan included recommendations to amend the Land Development Regulations to extend provisions that currently apply in the CBD zone between N.E. and S.E. 1st Streets (original boundaries of the DDA) throughout Pineapple Grove. These items relate to the reduction of building setbacks, elimination of open space requirements, and elimination of inappropriate uses. The proposed LDR amendments contained in Ordinance No. 22-99 are required to implement the recommendations of the plan. Additional background and an analysis of the request are found in the attached Planning and Zoning staff report. The Planning and Zoning Board considered the amendments at a public hearing on June 21, 1999. No one from the public spoke in favor or opposition to the changes. The Board voted unanimously to recommend to the City Commission that the proposed LDR amendments be approved. At first reading on July 6, 1999, the ordinance was passed by unanimous vote of the Commission. Recommend approval of Ordinance No. 22-99 on second and final reading, based upon the recommendation and positive findings of the Planning and Zoning Board. Ref:Agmemo19.Ord22-99.LDRamendments. PineappleGroveNeighborhood ORDINANCE NO. 22-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(B), "PRINCIPAL USES AND STRUCTURES PERMITTE~', SUBSECTION 4.4.13(F) (2), "OPEN SPACE", SUBSECTION 4 . 4 . 13 (G) (2) , "SETBACKS" , AND SUBSECTION 4 . 4 . 13 {H) , "SPECIAL REGULATIONS" , SUBPARAGRAPH (4); BY AMENDING SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT-RAILROAD CORRIDOR (CBD-RC)", SUBSECTION 4.4.28(B), "PRINCIPAL USES AND STRUCTURES PERMITTED", ALL TO AMEND THE CENTRAL BUSINESS DISTRICT AND THE CENTRAL BUSINESS DISTRICT- RAILROAD CORRIDOR ZONE DISTRICTS IN CONJUNCTION WITH THE ADOPTED PINEAPPLE GROVE MAIN STREET PLAN; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ~HERF~S, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendments at a public hearing on June 21, 1999, and voted unanimously to forward the changes 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 changes are consistent with and further 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: Section 1. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD) District", and Section 4.4.28, "Central Business District-Railroad Corridor", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same are hereby amended as set forth in Exhibit "~' attached hereto and made a part hereof. Section 2. 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 its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1999. MAYOR ATTEST: City Clerk First Reading: Second Reading: - 2 - Ord. No. 22-99 EXHIBIT "A" tO ORDINANCE NO. 22-99 PROPOSED AMENDMENTS Section 4.4.13 Central Business (CBD) District: (A) Purpose and Intent: The Central Business District (CBD) Zone District is established in order to preserve and protect the cultural and historic aspects of downtown Delray Beach and simultaneously provide for the stimulation and enhancement of the vitality and economic growth of this special area. Establishment of the CBD District is consistent with and implements, in part, Objective C-4 of the Land Use Element of the Comprehensive Plan. The CBD District is generally applied to territory depicted in the Commercial Core designation on the Future Land Use Map. (B) Principal Uses and Structures Permitted: The following types of use are allowed within the CBD District as a permitted use: (1) General retail uses including, but not limited to: · Antiques, arts and crafts, automotive parts, baked goods, books, caTpet and floor covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and slipcovers, medicines and prescriptions, electrical fixtures and supplies, fabrics, fish, flowers and plants, fruits and vegetables, food, garden supplies, gifts, glassware, hardware and paints, home furnishings, ice cream, lawn care equipment leather goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods, toys, wearing apparel and accessories, appliances, bicycles, business machines, jewelry. (2) Business and Professional uses including, but not limited to: * Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, professional o~ces. P&Z Board Memorandum Staff Report Text Amendment to LDR Section 4.4.13 CBD Zone District Page 6 (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD District: (8) Gasoline Stations or the dispensing of gasoline directly into vehicles, except that such use shall not be allowed east of the Intracoastal Waterway, nor on lots which front along Atlantic Avenue or NE 2nd Avenue (a/k/a Pineapple Grove Wa)/), beginning at a point 105' south of NE 4tn Street. Amendment to Section 4.4.14(F)(2) (F) Development Standards: The development standards set forth in Section 4.3.4 shall apply, except as modified below: [Amd. Ord. 24-95 5116195] (1) Height: The CBD is a geographic area in which exceptions to height regulations are allowed pursuant to Section 4.3.4(J). (2) Open Space: A minimum of 10% non-vehicular open space shall be provided; however, within the area encompassed by the boundaries of the original Downtown Development Authority as described in Section 8.2.2(B), and within ~ those sections of the CBD zoning district located within the Pineapple Grove Main Street area and east of the Intracoastal Waterway, there shall be no minimum open space requirement. Notwithstanding the provisions of this section, the body acting upon a development application within the CBD may require that open areas, including but not limited to courtyards, plazas, and landscaped setbacks, be provided in order to add interest and provide relief from the building mass. [Amd. Ord. 24-95 5116195] Amendment to Section 4.4.13(G)(2) (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. (2) Setbacks: Within the area encompassed by the boundaries of the DDA as originally established in Section 8.2.2(B), there shall be no required front, side (interior), side (street), or rear building setbacks except fo; th~_ c!t'_'=t!c.-, where there is no dedicated access to the rear of a building, a ten foot (10') side setback shall be provided. a) Within those sections of the CBD zoning district located in the Pineapple Grove Main Street area and east of the Intracoastal Waterway, a front setback of not less than five feet (5') nor greater than ten feet (10') and a 5' side (street) setback shall be provided. There shall be no required side (interior) or rear building setbacks P&Z Board Memorandum Staff Report Text Amendment to LDR Section 4.4.13 CBD Zone District Page 7 except where there is no dedicated access to the rear of a building, a ten foot (10') side setback shall be provided. Amendment to Section 4.4.13(H)(4) (H) Special Regulations: (1) The sale of second hand material other than verifiable antiques, automotive parts, firearms, and lawn care equipment shall not be allowed within businesses nor on properties which have an entry from and/or windows along and/or frontage on East Atlantic Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way) between East Atlantic Avenue and N.E. 4th Street. [Amd. Ord. 14-98 3117198]; [Amd. Ord. 58-90 12111190] (2) The picking-up, dropping-off, or otherwise transporting workers, assigned through an employment agency, from an assembly point in the CBD to the work site is prohibited. DELETED (3) AND RENUMBERED [Amd. Ord. 8-98 2~3~98] (3) Minimum floor area for multi-family residential dwelling units shall be as · . established for the Medium Density Residential (RM) zoning district in Section 4.3.4(K). [Amd. Ord. 8-98 213198]; [Amd. Oral. 80-95 1215195] (4) Multi-family dwelling units may be located in structures that are comprised of residential units only or in mixed-use buildings that contain a combination of residential and non-residential uses. However, where residential uses are located in structures having frontage on Atlantic Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way), there must be nonresidential uses fronting the avenue on the ground floor. [Amd. Ord. 8-98 213198]; [Amd. Ord. 80-95 1215195] (5) The rental of sporting goods and equipment shall be limited to no more than one business renting a specific category of item (i.e. bicycles, skates, etc.) every 300 feet measured in a straight line from door to door, and any outdoor displays are subject to the restrictions set forth in Section 4.6.6(C)(3). [Amd. Ord. 15-98 4121198] Amendment to Section 4.4.28 Central Business District- Railroad Corridor (CBD-RC) (B) Principal Uses and Structures Permitted: The following types of uses are allowed within the CBD-RC District as permitted uses: P&Z Board Memorandum Staff Report Text Amendment to LDR Section 4.4.13 CBD Zone District Page 8 (1) All uses allowed as such within the CBD District [Section 4.4.13(B) (1) through (5)]. (2) Fabrication and/or Assembly: The working or combining of processed or manufactured materials or parts for distribution or sale, such as sheet metal, sign shops, glass shops, and cabinet making. (3) Wholesaling, Storage and Distribution: The wholesaling, storage and distribution of products and materials, other than self-storage facilities, provided that such products and materials shall not exceed 55 gallons of any substance which is listed on the Generic Substances List of the Palm Beach County Wellfield Protection Ordinance (Reference Palm Beach County Land Development Code, Article 9, Section 9.3). (4) Contractor and Trade Services: Uses which are primarily engaged in providing an off-site service but which maintain inventory, equipment and a business office at a central location, such as general contractor, electrician, painter, plumber, tile contractor, air conditioning specialists. (5) Automobile brokerage, including vehicle display within an enclosed structure. MEETING OF: JUNE 21, 1999 AGENDA ITEM: V.A. AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS ASSOCIATED WITH THE PINEAPPLE GROVE MAIN STREET NEIGHBORHOOD PLAN The item before the Board is that of making a recommendation to the City Commission on amendment of the CBD-RC (Central Business District - Railroad Corridor) zone district Section 4.4.28 (Bi Principal Uses and Structures Permitted; and the CBD (Central Business District)zone district including Sections 4.4.13 (Bi(l) & (2) Principal Uses and Structures Permitted, 4.4.13 (Fl(2) Open Space, 4.4.13 (Gl(2) Setbacks, and 4.4.13 (Hi(4) Special Regulations. The changes are associated with the adoption of the neighborhood plan for Pineapple Grove Main Street. Pursuant to LDR Section 1.1.6, amendments to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. The Pineapple Grove Main Street Program was established in August, 1994 to focus revitalization efforts on the Pineapple Grove area, generally bordered by Atlantic Avenue on the south; N.E. 4th Street on the north; the F.E.C. Railroad on the east; and N.E. 1st Avenue on the west. The area encompasses three zoning districts as follows: OSSHAD (Old School Square Historic Arts District) to the west; CBD (Central Business District) in the center and south end; and CBD-RC (Central Business District - Railroad Corridor) to the northeast. In March 1996, a design charrette was held to generate community consensus to serve as the basis for the Pineapple Grove redevelopment plan. During the charrette, it was the consensus of the participants that the focus on the neighborhood plan was to encourage arts-related and nighttime activities, a pedestrian friendly environment, infill residential and commercial development, and the elimination of certain uses and blighted situations. On May 5t~, 1998, the City Commission adopted the neighborhood plan for Pineapple Grove. The Plan included recommendations to amend the Land Development Regulations to reflect many of the provisions that have already been implemented within the CBD zone district for that portion between N.E. and SE 1st Streets (original P&Z Board Memorandum Staff Report Text Amendment to LDR Section 4.4.13 CBD Zone District Page 2 boundaries of the DDA). These items relate to the reduction of building setbacks, elimination of open space requirements, and elimination of inappropriate uses. While the plan suggests specific language for text amendments, this language was not automatically adopted with the approval of the Neighborhood Plan. The proposed LDR Amendments herein are required to implement the Plan. Building Setbacks - Currently, no setbacks are required in the CBD zoning district for that portion of Pineapple Grove that is located in the original boundaries of the DDA (one block between Atlantic Avenue and N.E. 1st Street). The Plan proposed similar development standards for that CBD zoned portion of the Pineapple Grove area located north of N.E. 1st Street. The Plan suggests a front setback that is a minimum of 5' and a maximum of 10', and a zero side interior, side street and rear setback. Staff feels, however, that it would be appropriate to require a 5' side street setback for site visibility and consistency purposes. Open Space - The open space requirement in the Pineapple Grove area would be eliminated, which is consistent with the development standards for the area encompassed by the boundaries of the original DDA and that section of the CBD which is located east of the Intracoastal Waterway. Open areas may still be required through the review process. Mixed Use Buildings - Language would be added to require that any residential uses fronting Pineapple Grove Way have a nonresidential component on the ground floor fronting the street. Inappropriate Uses - Many of the uses listed in the Pineapple Grove Main Street Plan as uses that should not be allowed along Pineapple Grove Way were not permitted at the time that the plan was adopted (i.e. tattoo/body piercing, shooting ranges, adult entertainment). Others have since been eliminated through LDR amendments or similarity of use determinations (second hand sales and psychic readers). The sale of lawn care equipment and automotive parts is specifically listed as permitted. "Gun Shop" is not a specifically listed use but would probably be classified as retail sales similar to sporting goods, which is listed. It is recommended that these uses be added to Section 4.4.13(H)(1) Special Regulations, which currently restricts the sales of second hand materials along Pineapple Grove Way. Currently, there is one retail store that sells automotive parts (A to Z Auto Parts) which will become a non-conforming use as a result of this amendment. The plan also recommends that gasoline stations be eliminated as a Conditional Use from the plan area except for the gasoline station located at the southeast corner of NE 4th Street and Pineapple Grove Way. Language to this effect has been added under the Conditional Use section of the CBD zone district. P&Z Board Memorandum Staff Report Text Amendment to LDR Section 4.4.13 CBD Zone District Page 3 Other Proposed Chanties to the CBD Zone District- · Section 4.4.13(B)(1) Principal Uses and Structures Permitted: states all uses allowed as such within the GC district [Section 4.4.9(B)(1) & (2)]. Instead of making reference to the GC zone district, which can be confusing to the general public, it would be appropriate to list all of the permitted uses in the CBD district. · Section 4.4.13 (B)(2) allows automobile brokerage, including vehicle display within an enclosed structure, but excluding any preparation, service, or repair work as a permitted use in the CBD district. Pursuant to Comprehensive Plan Policy A-2.4 (1) of the Future Land Use Element, it states that Auto related uses other than gasoline stations, wash establishments, and auto pars sales, shall not be permitted in the area encompassed by the CBD zone district. There are currently no auto brokerage operations located within the CBD. Based on the above, it would be appropriate to eliminate automobile brokerage as a permitted use in the CBD district with this amendment. As the CBD-RC district Regulations refer back tot he CBD regulations, it is necessary to add the use into the CBD-RC code. · Currently, within that area of the CBD zone district located east of the Intracoastal Waterway a 10' front, side street and rear setback and zero side interior setback is required. It seems appropriate to reduce the setback requirements as proposed for the Pineapple Grove area, which provides for a more pedestrian oriented streetscape, and better reflects the existing pattern of development. LDR Section 2.4.5(M)(5) (Findings): In addition to provisions of Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Policy C-4.4 of the Future Land Use Element states that the City Supports the efforts to revitalize the Pineapple Grove Main Street area, and the use of the Main Street approach: organization, promotion, design, and economic restructuring. The adopted neighborhood plan for Pineapple Grove Main Street supports this policy and the associated text amendments are needed to implement the plan. The proposed amendments are consistent with the neighborhood plan as well as this policy. Pineapple Grove Main Street Executive Board The amendments were presented to the Pineapple Grove Executive Board at its meeting of June 8, 1999. While the Board discussed the item they did not make a formal recommendation. P&Z Board Memorandum Staff Report Text Amendment to LDR Section 4.4.13 CBD Zone District Page 4 ' ' Community Redevelopment Agency The amendments were presented to the CRA at its meeting of June 10, 1999. The Board did not feel comfortable making a recommendation until the Pineapple Grove Main Street Executive Board made a recommendation. The amendments will be sent back to both Boards for a recommendation prior to action by the City Commission. By Motion, recommend that the City Commission approve amendments to LDR Section 4.4.13 Central Business District (CBD) and Section 4.4.28 Central Business District- Railroad Corridor (CBD-RC) as provided in the attachment. Attachment: Proposed Amendments TO: DAVID T. HARDEN DEPARTMENT OI~PLANNING AND ZONING SUBJECT: MEETING OF JULY 6, 1999 AMENDMENT TO THE FOLLOWING SECTIONS OF THE LAND DEVELOPMENT REGULATIONS (LDRS): CBD-RC (CENTRAL BUSINESS DISTRICT - RAILROAD CORRIDOR) ZONE DISTRICT SECTION 4.4.28 (B) PRINCIPAL USES AND STRUCTURES PERMITTED; AND CBD (CENTRAL BUSINESS DISTRICT) SECTIONS 4.4.13 (B)(1) & (2) PRINCIPAL USES AND STRUCTURES PERMITTED, 4.4.13 (F)(2) OPEN SPACE, 4.4.13 (G)(2) SETBACKS, AND 4.4.13 (H)(4) SPECIAL REGULATIONS. THE CHANGES ARE ASSOCIATED WITH THE ADOPTION OF THE NEIGHBORHOOD PLAN FOR PINEAPPLE GROVE MAIN STREET. On May 5th, 1998, the City Oommission adopted the neighborhood plan for Pineapple Grove. The Plan included recommendations to amend the Land Development Regulations to extend provisions that aurrently apply in the OBD zone between NE and SE 1st Streets (original boundaries of the DDA) throughout Pineapple Grove. These items relate to the reduction of building setbaaks, elimination of open space requirements, and elimination of inappropriate uses. The proposed LDR amendments herein are required to implement the recommendations of the Plan. Additional baakground and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. The Planning and Zoning Board considered the amendments at a public hearing on June 21, 1 ggg. No one from the public spoke in favor or oppasition to the changes, and the Board voted 7-0 to recammend to the Oity Oommission approval of the proposed LDR amendments. By motion, apprave on first reading text amendments to OBD-RC Section 4.4.28 (B) Principal Uses and Structures Permitted; and CBD Sections 4.4.13 (B)(1) & (2) Principal Uses and Struatures Permitted, 4.4.13 (F)(2) Open Space, 4.4.13 (G)(2) Setbacks, and 4.4.13 (H)(4) Special Regulatians, and set a publia hearing date of July 20, lggg. Attachments: · P&Z Staff Report June 21, 19gg · Ordinance CITY OF DELRAY BEACH NOTICE OF USE CHANGES WITHIN THE CBD & CBD-RC zONING DISTRICTS AND OTHER CHANGES IN THE DEVELOPMENT 'STANDARDS ASSOCIATED WITH THE PINEAPPLE GROVE MAIN STREET NEIGHBORHOOD PLAN The City Commission of the City of Defray Beach, Florida,' proposes to adopt the following ordinance: ORDINANCE NO. 22-99, AN ORDINANCe. oF ?HE crn' COMMISSION OF THE crry 6F BEACH, FLORIDA, AMENDING THE LAND DEVELDPMENT REGULATIONS OF THE CITY OF DELRAY BEACH 'BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS. DISTRICT (CBD) DISTRICT", SUBSECTION (B) (1), "PRINCIPAL USES AND STRUCTLrRES PERMITI'ED', SUBSECTION (B) (2), "PRINCIPAL USES AND STRUCTURES PERMITTED", SUBSECTION (F) (2), "OPEN SPACE", SUBSECTION (G) (2), "SETBACKS", AND SUBSECTION (H) (4), "SPECIAL REGULATIONS", AND ~VlENDING SECI'ION 4.4.28, "CENTRAL BUSINESS DISTRICT-RAILROAD'CORRIDOR (CBD-RC)", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", ALL TO AMEND THE CENTRAL BUSINESS (CBD) ZONE DISTRICT AND CENTRAL BUSINESS DISTRICT: RAILROAD ~CORRIDOR (CBD-RC) ZONE DISTRICT IN CONJUCTION WITH THE' ADOPTED PINEAPPLE GROVE MAIN STREET PL?.N WITHIN THE CITY OF DELRAY BEACH; 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 regarding the proposed ordinance. The first Public Hearing will be held on TI~SDAY. JULY 6. 1999 AT 7:00 P.M. (or at any continuation of st/ch meeting which is set by the Commission), in the Commission Chambers at City Hall, 100 N,W. 1st Avenue, Delray Beach, Florida. If the ordinance is passed on first reading, a second Public Hearing will be held on TUESDAY..IULY 20. 1999 AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission). All interested citizens are invited to attend the public hearings and comment upon the PrOposed ordinance-or submit their comments in writing on or before the .date of these heatings to the Planning and Zoning Department. For further information or to obtain a copy of the proposed ordinance, please contact the Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 3~.~.~, (Phone 561/243-7040), between the hours' of 8:00 a:m. and 5:00 p.m., Monday through Friday, excluding holidays. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO' APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPF_CT TO ANY MATYER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECOI~D INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSU2~NT TO F.S. 286.0105. PUBLISH: The Boca Raton News ...... ' CTI'Y OF DELRAY BEACH June 28, 1999 Alison MacGregor Harty July 14, i999 City Clerk · Ad~ 784025 CITY.OF DELRAY BEACH NOTICE OF USE CHANGES V~'iTtt! N ~ CBD & CBD-RC ZONING DISTRICTS AND OTHER CHANGES 'IN ~ DEVELOPMENT "STatUreS assocI i NEIGI-IBORIt~D PLAN to ~lopt the followin~ ordinance: ~ ~ ,:~ ~, . :.. ,~ ORD~ANC-~ NO. 22.~ '- . A~ OP. On~ANCE OV T~ crry COM~SS:O~ OV T~E crrY BEACH, FLORIDA, AMENDINO THE LAND DEVELOPMENT 'REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS DISTRICT (CBD) DISTRICT", SUBSF. CrlON (B) (1), "PRINCIPAL USE~ AND STRUCTUR~ PERMITTED", SUBSECTION (B) (2), ~PP. INCIPAL USES AND $TRU~ PERMITW~", SUBSECTION fi) (2), "OPEN SPACE", SUBSECTION (O) (2), "SETBACKS AND SUBSECFION 6I) (4), "SPECIAL REGULATIONS", AND AMEND~O SECTION 4.4.25, "CENTRAL BUSINESS DISTRICI'-RAH.~OAD CORRIDOR (CBD-RC)", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITIED",. ALL TO AMEND THE CENTRAL BUSINESS (CBD) ZONE DISTRICT AND CENTRAL BUSINESS DISTRICT - RAILROAD CORRIDOR (CBD-RC) ZONE DISTRICT IN CON/UCTION WITH THE ADOPTED PINEAPPLE GROVE MAIN ~ PLAN W1THIN THE CITY OF DELRAY BEACH; PROVIDINO A OENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Commi~ion will conduct two (2) Public Hearings for th~ purpose of accepting public testimony regarding the pro_gpose~! ordinance. The first Public Hearing will be. held on ~ .]ULY ~i. I~ AT 7:00 P.M. (or at any continuation of such meeting which is ~t by the Commission), in thc Commission Chambers at City Hall 100 N.W. ls! Avenue, Delray Beach, Florida. If the ordinance is .qDon first reading, a ~cond Public Hearing will be held on AY./UI.Y 2.0. 199~ AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commissioll). All inter.ted ~tizens m~ invited to atxend the public hearings and comment upon the proposed ordinance or ~ubmit their comments in writing on or before the date of these hearings to the Plmming and Zoning Dcpamnent. For further information or to obtain a copy of the proposed ordinance, please contact the Planning and Zoning Depam~nt, City Hall, 100 N.W. 1st Av~u~, D~lray Beach, Florida ~ .... (Phone 561/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Moggiay flgough Friday, excluding holidays. . PLEASE BE ADVISED THAT IF A ~ERSON DECIDES TO APPF. AL ANY DECLSION MADE BY THE crrY COMMISSION WITH RESPF, C~ TO ANY MATI'ER CONSIDERED AT THESE HEAR~GS, SUCH PERSON MAY N'~r~ TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EWDENCE UPON WrnCH THE APPEAL IS TO BE BASF. D. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105. PUBLISH: The Boca R~uon News CITY OF DEL.RAY BEACH lune 28, ! 999 Alison MacGreg~ Suly 14, 1999 City Clerk Ad~ 784025 CITY OF DELRAY BEACH NOTICE OF USE CHANGES WITHIN THE CBD & CBD-RC ZONING DISTRICTS AND OTHER CHANGES IN THE DEVELOPMENT STANDARDS ASSOCIATED WITH THE PINEAPPLE GROVE MAIN STREET NEIGHBORHOOD PLAN The City Commission of the City of Delray Beach, Florida, proposes to adopt the following ordinance: ORDINANCE NO. 22-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS DISTRICT (CBD) DISTRICT", SUBSECTION (B) (1), "PRINCIPAL USES AND STRUCTURES PERMITTED", SUBSECTION (B) (2), "PRINCIPAL USES AND STRUCTURES PERMITTED", SUBSECTION (F) (2), "OPEN SPACE", SUBSECTION (G) (2), "SETBACKS", AND SUBSECTION (H) (4), "SPECIAL REGULATIONS", AND AMENDING SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT - RAILROAD CORRIDOR (CBD-RC)", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", ALL TO AMEND THE CENTRAL BUSINESS (CBD) ZONE DISTRICT AND CENTRAL BUSINESS DISTRICT- RAILROAD CORRIDOR (CBD-RC) ZONE DISTRICT IN CONJUNCTION WITH THE ADOPTED PINEAPPLE GROVE MAIN STREET PLAN WITHIN THE CITY OF DELRAY BEACH; 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 regarding the proposed ordinance. The first Public Hearing will be held on TUESDAY, JULY 6, 1999 AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission), in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If the ordinance is passed on first reading, a second Public Hearing will be held on TUESDAY, JULY 20, 1999 AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission). All interested citizens are invited to attend the public heatings and comment upon the proposed ordinance or submit their comments in writing on or before the date of these hearings to the Planning and Zoning Department. For further information or to obtain a copy of the proposed ordinance, please contact the Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone 561/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105. CITY OF DELRAY BEACH Alison MacGregor Harty City Clerk PUBLISH: The Boca Raton News June 28, 1999 July 14, 1999 Instructions to the Newspaper: This ad is not to be placed in the legal ads/classified section of the newspaper. It must be at least two standard columns wide and ten inches long. The entire headline [CITY OF DELRAY BEACH NOTICE OF USE CHANGES WITHIN THE CBD & CBD-RC ZONING DISTRICTS AND OTHER CHANGES IN THE DEVELOPMENT STANDARDS ASSOCIATED WITH THE PINEAPPLE GROVE MAIN STREET NEIGHBORHOOD PLAN] must be 18 point bold headline. Thank you.