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Ord 45-99 ORDINANCE NO. 45-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.15, "PLANNED OFFICE CENTER (POC) DISTRICT", SUBSECTION 4.4.15(D), "CONDITIONAL USES AND STRUCTURES ALLOWEd', OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR ~RESTAURANTS, EXCLUDING DRIVE-IN AND DRIVE-THROUGH FACILITIES' AS A CONDITIONAL USE IN THE POC ZONE DISTRICT; 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 amendment at a public hearing on October 18, 1999, and voted unanimously to recommend adoption of the proposed amendment; 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: Section 1. That Chapter 4, "Zoning Regulations", Section 4.4.15, "Planned Office Center (POC) District", Subsection 4.4.15(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the POC District: (1) Restaurants of the P©C. excluding drive-in and drive- through facilities. 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 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed.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 passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 16th day of November , 1999. ATTEST: First Reading November 2~ 1999 Second Reading November 16, 1999 - 2 - Ord. No. 45-99 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~f p/~ SUBJECT: AGENDA ITEM # ]t9/4 - REGULAR MEETING OF NOVEMBER 16, 1999 ORDINANCE NO. 45-99 (RESTAURANTS AS CONDITIONAL USE IN PLANNED OFFICE CENTER DISTRICT) DATE: NOVEMBER 12, 1999 This is second reading and a public hearing for Ordinance No. 45-99 which amends LDR Section 4.4.15(12))(1) to allow stand alone restaurants, excluding drive-in and drive-through facilities, as a conditional use within the Planned Office Center (POC) zoning district. This amendment was generated primarily to resolve the nonconforming status of the former Rod & Gun Club restaurant located on West Atlantic Avenue which is zoned POC. The property owner wishes to reopen the establishment as a steak and seafood restaurant. The POC district allows as a conditional use Restaurants mhen it is designed to be a part of the overall POC concept and is primarily directed toward meeting the noon time demands of the POC". The restaurant building is the only structure on this POC zoned parcel. Therefore, it is impossible to comply with the provision that it be geared toward meeting the noontime demands of an office center. The previous restaurant use has been discontinued for more than 180 days and cannot be reestablished given the present code language. The proposed amendment is to allow restaurants, excluding drive-in and drive-through facilities, as a conditional use within the POC district. It is a relatively minor change that will have little impact on most of the POC zoned parcels in the City since the ability to establish restaurants in conjunction with existing office developments is already in the code. On October 18, 1999, the Planning and Zoning Board held a public hearing on the proposed text amendment. There was no public testimony. After discussion, the Board voted unanimously to recommend that the text amendment be approved. At first reading on November 2, 1999, the City Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 45-99 on second and £mal reading, based upon the findings and recommendation of the Planning and Zoning Board. Ref:Agrnemo21.Ord.45-99.Restaurants as Cond. Use in POC MEETING OF: OCTOBER 18, 1999 AGENDA ITEM: V.I. AMENDMENT TO LDR SECTION 4.4.15(D)(1) REGARDING RESTAURANTS AS A CONDITIONAL USE IN THE POC (PLANNED OFFICE CENTER) ZONING DISTRICT. The item before the Board is the consideration of an amendment to Land Development Regulations (LDR) Section 4.4.15, Planned Office Center (POC) District, subsection (D) Conditional Uses and Structures Allowed. The proposed amendment is to modify the existing language allowing restaurants as a conditional use. Pursuant to LDR Section 2.4.5(M), amendments to the Land Development Regulations require a public hearing and recommendation by the Planning and Zoning Board. This proposal is being generated primarily to resolve the nonconforming status of the former Rod and Gun Club restaurant located on West Atlantic Avenue. The restaurant was established in 1983 under an SAD zoning designation. With the Citywide rezonings in 1990, the parcel was rezoned to POC. The POC district allows as a conditional use "Restaurants when it is designed to be a part of the overall POC concept and is primarily directed toward meeting the noon time demands of the POC." The restaurant was the only structure on this POC zoned parcel, therefore it was impossible to comply with the provision that it be geared toward meeting the noontime demands of an office center. Apparently it was thought at the time that the adjacent 18-acre vacant tract would eventually develop as an office park, and the restaurant would become a part of that development. The 18-acre tract was annexed into the City in 1995 and zoned RM (Medium Density Residential) in part and RM-6 (Medium Density Residential- 6 du/ac) in part. Subsequently, approval was granted for a 191 unit multi-family development known as Villas D' Este. With the development of the property for residential purposes, there was no possibility of the Rod and Gun Club restaurant becoming a conforming use. On September 3, 1998, the Occupational License division was notified by the property owner that the Rod and Gun Club restaurant had been evicted, and the existing license became inactive. Once a nonconforming use vacates the premises for 180 days or more it cannot be reestablished unless it complies with current regulations. Stand-alone restaurants are not permitted in the POC, therefore a rezoning or text amendment is necessary in order to reestablish the use. P& Z Board Memo Report LDR Amendment--Restaurants in the POC Page 2 --- In September of this year the Planning and Zoning Board held a public hearing on a request to rezone the subject property to NC (Neighborhood Commercial). The NC district allows restaurants, but it also allows numerous other retail and service type uses that the surrounding neighbors found objectionable. There was substantial public testimony supporting the reestablishment of the restaurant but opposing the rezoning. The Board voted unanimously to deny the petition, and directed staff to seek alternative approaches to allow the restaurant without opening the property up to a variety of other more intensive uses. The proposed text amendment is being processed in response to that request. Pursuant to LDR Section 2.4.5(M)(5), in approving an amendment to the Land Development Regulations, the approving body must make a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. The proposed amendment in strike through and underline format 'is as follows: Section 4.4.15 (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the POC District: Restaurants~ when it POC. excluding drive-in and drive-throuqh facilities. The effect of the amendment is to allow stand-alone restaurants in the POC that are not limited to primarily serving employees and customers of an associated office center. While it may introduce a somewhat more commercial component to the POC district, in reality the change will probably have little impact. Most of the existing POC parcels (see attached location map) are at least partially developed with office uses, and already have the ability under the existing code to establish a restaurant use. Additionally, enforcement of the existing restrictions is impractical on a long-term basis, in terms of trying to ensure that a restaurant's customer base is limited to office workers. The POC district has a minimum building size of 4,000 square feet, and requires that structures be architecturally integrated with each other. Individual buildings must also have direct access to and from other portions of the development. These requirements will help to ensure that any restaurants that are established will function as part of the overall POC, even if they cater to a wider clientele. The minimum building size and prohibition on drive-through lanes will virtually eliminate the possibility that a typical fast P& Z Board Memo Report LDR Amendment--Restaurants in the POC Page 3 food restaurant could be established in a POC. Also, the fact that restaurants can only be approved through the Conditional Use process will provide additional opportunities _to limit and control any negative impacts on adjacent properties. If the text amendment is approved, the new restaurant tenant for the Rod and Gun Club property must apply for Conditional Use approval to reestablish the use. BYOTHERS REVIEW There are no POC-zoned parcels located in areas falling under the review authority of the Community Redevelopment Agency (CRA), Downtown Development Authority (DDA), or Historic Preservation Board (HPB). Courtesy notices were sent to the following: · Progressive Residents of Delray (PROD) · President's Council · Chatelaine Homeowner's Association · The Hamlet · Greensward Village (in The Hamlet) This amendment is a relatively minor change that will mainly impact the Rod and Gun Club property. It will provide a mechanism to lawfully reestablish the former restaurant use, without rezoning the property to a category that would allow uses that may be incompatible with surrounding development. It will have little impact on other POCs, since the ability to establish restaurants in conjunction with existing office developments is already in the code. While it does not specifically fulfill an objective or policy of the Comprehensive Plan, it is not inconsistent with anything in the Plan. By motion, recommend that the City Commission approve the proposed amendment to allow "Restaurants, excluding drive-in and drive-through facilities" as a Conditional Use in the POC district, based upon positive findings with LDR Section 2.4.5(M)(5). Attachment: · Location Map of POC-Zoned Parcels s:planni/P&Z/LDRRestaurantsPOC CITY OF DELRAY BEACH, FLORIDA PLANNING & ZONING DEPARTMENT i I ..J u ..... ~] MAP OF POC-ZONED PARCELS CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVEL- OPMENT REGULATIONS REGARDING RESTAURANTS AS A CONDITIONAL USE IN THE PLANNED OFFICE CENTER (POC) ZONE DISTRICT. The City. Commission of the City of Delray Beach, Flodda, propos- es to adopt the following ordinance: ORDINANCE NO. 45-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOP- MENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4.4.15, 'PLANNED OFFICE CENTER (POC) DISTRICT", SUBSECTION 4.4,15(D), 'CONDITIONAL USES AND STRUCTURES ALLOWED", TO PROVIDE FOR 'RESTAURANTS, EXCLUDING DRIVE-IN AND DRIVE-THROUGH FACILITIES' AS A CONDITIONAL USE IN THE POC ZONE DIS- TRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAV- ING 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. NOVEMBER 2. 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 Hail, 100 N.W. 1st Avenue, Delray Beach, Flodda. If the ordinance is passed on first reading, a second Public Hearing will be held on TUESDAY, NOVEMBER 16. 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 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 MA'FI'ER CONSIDERED AT THESE HEAR- INGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBA- TIM 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. 286.0.105. PUBLISH: October 25, 1999 CITY OF DELRAY BEACH November 10, 1999 Alison MacGregor Harty The Boca Raton News City Clerk Ad ~f794096 LEeAL NOTI~S II~T~ M RJr. K: NEAMII ~.m.~ T~. ~ 18,1~ ~MMERC~ DI~; ~D H~Y,MM~.LY NO~ ~ ~.~ON VOL~.~ · ~LY DE~RIB~ ~tN; lNG ' ZONIN~ A GENE~ ~°~'~c~ TtON 4.4.19. 'MtX~ INDU~ ~D ~ME~I~ (MIC)  4 .4.1~D)~)(c) 4.4.19~ ~ ~DI~E MI~I~ ~E C~ ~ ~Y ~N 4.4,15, '~N~ ~ (~) DI~I~. ~N 4.4.15~), ~ 'R~T~, ~l~ [ ' ~I~N ~ DR~H ~ ORDinANCE ~E MISSIO); OC ~E C~ ~ ~L~Y ~H ~9~IDA DES~NATI~E 8'~ER!~ CHURCH ~ DE~Y STPE~ ~ MDP. E PA~. J~RLY HISTO~C ~S; P~VIDI~ ~DME~ TI~ IN ~ ~R~Y ~NER; ~D~ A ~U~, A TO: DAVID T. HARDEN, CITY MANAGER FROM: DIANE DOMINGUEZ, DIRECTOR OF PLANNING AND ZONING SUBJECT: MEETING OF NOVEMBER 2, 1999 CONSIDERATION OF AN AMENDMENT TO LDR SECTIONS 4.4.15(D)(1) REGARDING RESTAURANTS AS A CONDITIONAL USE IN THE POC (PLANNED OFFICE CENTER) ZONING DISTRICT The item before the Board is ~e consideration of an amendment to Land Development Regulations (LDR) Section 4.4.15, Planned Office Center (POC) District, subsection (D) Conditional Uses and Structures Allowed. The proposal is to modify the existing language that allows restaurants as a ~nditional use. This proposal is being generated primarily to resolve the non~nforming s~tus of the former Rod and Gun Club restaurant Io~ted on West Atlantic Avenue, which is zoned POC. The propeRy owner wishes to reopen the establishment as a steak and seafood restaurant. The POC district allows as a ~nditional use "Restaurants when it is designed to be a pa~ of the overall ~C concept and is pdmadly di~ towa~ meeting the noon ti~ demands of the POC." The restaurant building is the only stru~ure on ~is POC zoned pamel, therefore it is impossible to ~mply with the provision that it be geared toward meeting the noontime demands of an offi~ center. The previous restaurant use has been dis~ntinued for more than 180 days, and cannot be reestablished given the present ~de language. The proposed amendment is as follows: Section 4.4.15 Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the POC District: Restaurants, ............. * ...... ~ ~*~-~ *~ noon *~ ~ .... ~ ~ *~ ~OC excludinq drive-in and drive-through facilities. This amendment is a relatively minor change that will have little impact on most of the POC zoned parcels in the City, since the ability to establish restaurants in ~njun~ion with existing offi~ developments is already in the code. Additional background and an analysis of the request is found in the a~ached Planning and Zoning Board staff repo~. :::::::::::::::::::::::::::::::::::: ::::::::: ::~:~;~:;;~ ;:~::: :~ : :: :-:.:.:.,.:. :.:.: .:..:.::.:..:..:..::.:.:::...:.:. .:.::...::..:.:.:.:.: :-:.:.:.:..:;..:.:;:.:-::.-:.~:~::.:-::--.----:.:..:.:.:.:.'~...'.:~: ;:.::--.:.:.:.~-.:.:.;.;~ ~:~:~:~:~:~:~:~:~:~::~:~:.:;:~:~:~:~:~x~;:?~:~::~:~::~:~ ~ ~ ~ ~ ~.-.~..~:~;~..,.~... The Planning and Zoning Board held a public hearing regarding this item at its meeting of October 18, 1999. There was no public testimony regarding the request. After discussing the amendment, the Board voted 7-0 to recommend to the City Commission that LDR Section 4.4.15(D)(1) (POe Zoning District, Conditional Uses and Structures Allowed) be amended to modi~ the restrictions regarding res~urants in ~e POC zoning district. By motion, approve on first reading a te~ amendment to LDE Section 4.4.15(D)(1) (Conditional Uses and St~ctures Allowed) to allow stand alone restaurants, excluding drive-in and drive-thru facilities, as a conditional use in the POC zoning district. Attachments: P&Z Staff Repo~ and Documentation of O~ober 18, 1999 Ordinance by ~hers II crrY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVEL- OPMENT REGULATIONS REGARDING RESTAURANTS AS A CONDITIONAL USE IN THE PLANNED OFFICE CENTER (POC) ZONE DISTRICT. ' The City Commission of the City of Delray Beach, Florida, propos- es to adopt the following ordinance: ORDINANCE NO. 45-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOP- MENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4.4.15, 'PLANNED OFFICE CENTER (POC) DISTRICT", SUBSECTION 4.4o15(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO PROVIDE FOR 'RESTAURANTS, EXCLUDING DRIVE-IN AND DRIVE-THROUGH FACILITIES' AS A CONDITIONAL USE IN THE POC ZONE DIS- TRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAV- ING 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. NOVEMBER 2. 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, 1.00 N.W. 1st Avenue, Delray Beach, Florida. If the ordinance is passed on first reading, a second Public Hearing will be held on TUESDAY. NOVEMBER 16. 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 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 33~.~.~ (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 HEAR- INGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBA- TIM 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. PUBLISH: October 25, 1999 CITY OF DELRAY BEACH November 10, 1999 Alison MacGregor Harty The Boca Raton News Cit~ Clerk Ad ,f'794096 CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS REGARDING RESTAURANTS A~ A CONDITIONAL USE IN THE PLANNED OFFICE CENTER (POC) ZONE DISTRICT The City Commission of the City of Delray Beach, Florida, proposes to adopt the following ordinance: ORDINANCE NO. 45-99 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 4.4.15, "PLANNED OFFICE CENTER (POC) DISTRICT", SUBSECTION 4.4.15(D), "CONDITIONAL USES AND STRUCTURES ALLOWEd', TO PROVIDE FOR 'RESTAURANTS, EXCLUDING DRIVE-IN AND DRIVE-THROUGH FACILITIES' AS A CONDITIONAL USE IN THE POC ZONE DISTRICT; 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~. NOVE/~BER 2~ 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~ NOVEMBER 16~ 1999~ AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission). Ail 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 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, · ~xcluding 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. PUBLISH: The News CITY OF DELRA~ BEACH October 25, 1999 Alison MacGregor Harty November 10, 1999 City Clerk Instructions to 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 [NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS REGARDING RESTAURANTS AS A CONDITIONAL USE IN THE PLANNED OFFICE CENTER (POC) ZONE DISTRICT] must be an 18 point bold headline. Thank you. REF:UseNotice. Ord45-99.Restaurants as Cond. Use in POC