Ord 47-99 ORDINANCE NO. 47-99
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 4.4.24, ~OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT (OSSHAD)",
SUBSECTION 4.4.24(B), ~PRINCIPAL USES AND
STRUCTURES", AND SUBSECTION 4.4.24(F),
"DEVELOPMENT STANDARDS", TO ADD LOTS 19 THROUGH
24, INCLUSIVE, BLOCK 69, TO THE LIST OF LOTS
WITHIN THE OSSHAD ZONING DISTRICT THAT MAY HAVE
THE SAME PRINCIPAL USES AS THE CENTRAL BUSINESS
DISTRICT AND THAT MAY BE DEVELOPED PURSUANT TO
THE STANDARDS OF THE CENTRAL BUSINESS 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 November 15, 1999, and voted 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
4.4.24, "Old School Square Historic Arts District (OSSHAD)",
Subsection 4.4.24(B), ~Principal Uses and Structures", subparagraph
4.4.24(B) (9) of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(B) Principal Uses and Structures Allowed:
(9) Within the following described areas, the uses
allowed as permitted uses in Section 4.4.13(B)
pursuant to the base district and special provisions
of the Central Business District regulations shall
also be allowed in the OSSHAD:
(a) Lots 13-16, Block 60
(b) Lots 1-4, Block 61
(c) Lots 1-7 and 19-24, Block 69
(d) Lots 7-8, Block 75
(e) Lots 1-6, Block 75
Section 2. That Chapter 4, ~Zoning Regulations", Section
4.4.24, "Old School Square Historic Arts District (OSSHAD)",
Subsection 4.4.24(F), "Development Standards", subparagraph
4.4.24(F) (1) of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(F) Development Standards:
(1) The following locations shall be subject to the
standards of the CBD zone district:
(a) Lots 13-16, Block 60
(b) Lots 1-4, Block 61
(c) Lots 1-7 and 19-24, Block 69
(d) Lots 7-8, Block 75
(e) Lots 1-6, Block 75
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. 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.
- 2 - Ord. No. 47-99
Section 5. That this ordinance shall become effective
i~ediately'upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 4th day of January , 2000.
ATTEST:
First Reading Nove~er 16, 1999
Second Reading January 4, 2000
- 3 - Ord. No. 47-99
PETITION NAME: AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
SECTION 4.4.24(B)(9) AND 4.4.24(F)(1)
A. City of Delray Beach Comprehensive Plan as Existed on 1-04-00,
B. City of Delray Beach Land Development Regulations as Existed on 1-04-00,
C. City of Delray Beach Zoning District map as Existed on 1-04-00,
D. City of Delrey Beach Future Land Use Map as Existed on 1-04-00.
ARE INCLUDED AS DOCUMENTS OF THE PROJECT FILE
1. Diane Colonna Dominguez, A.I.C.P., Planning Director 12-07-99
2. Patricia S. Cayce, Historic Preservation Planner 1-04-00
3. Richard Gary Orman, Ph.D. 12-07-99
4. Michael J. Covelli 12-07-99
5. John F. Wheeler, P.E. 12-07-99
6. Christopher J. Brown, Executive Director, Community 12-07-99
Redevelopment Agency
7. Joe Gillie, Director of Old School Square 12-07-99
1. Letter of request from Michael S. Weiner, received October 10-11-99
11,1999.
2. Letter from Jasmin Allen to Michael S. Weiner, dated October 20, 10-20-99
1999, regarding the status of the application.
3. Planning and Zoning Department Memorandum for the Community 10-27-99
Redevelopment Agency meeting of October 28, 1999
4. Request for public records from Rodney G. Romano, Dharma 10-29-99
Holdings Limited, dated October 29, 1999
Page 1
tPETITION NAME: AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
SECTION 4.4.24(B)(9) AND 4.4.24(F)(1)
DESCRIPtioN OF
NUMBER
5. Letter from Frank Wheat, Chairman of the Downtown Development 11-03-99
Authority (DDA), dated November 3, 1999, regarding the
recommendations of the DDA.
6. Historic Preservation Board Staff Report for the meeting of 11-03-99
November 3, 1999.
7. Planning and Zoning Board Staff Report for the meeting of 11-15-99
November 15, 1999.
8. Letter from Charles L. Siemon, Siemon and Larsen to the 11-15-99
Chairman and members of the Planning and Zoning Board, dated
November 15, 1999
9. City Commission Documentation for the meeting of November 16, 11-16-99
1999.
10. Ordinance # 47-99 passed on first reading on November 16, 1999. 11-16-99
11. Letter from Charles L. Siemon to Robin Bird, Chairman of the 11-19-99
Planning and Zoning Board, dated November 17, 1999.
12. Letter from Diane Dominguez to Charles L. Siemon, dated 11-18-99
November 18, 1999.,
13. Letter from David To Harden, City Manager, to Kevin Warner, dated 11-22-99
November 19, 1999.
14. Additional back-up for City Commission meeting of January 4, 12-28-99
2000. (Planning and Zoning Department Memorandum, dated
December 28, 1999)
15. Article on Old Town Parking Garage, Portland, Oregon. 1-03-00
16. Brief in support from Michael S. Weiner, Esq. 1-04-00
17. Hard copy of Staff's Power Point Presentation for City Commission 1-04-00
meeting of January 4, 2000.
Page 2
PETITION NAME: AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
SECTION 4.4.24(B)(9) AND 4.4.24(F)(1)
PUBLIC NOTIFICATION ITEMS
ITEM I'
NUMBER I
1. Tax map showing properties within a 500' radius of the subject site. 10-11-99
2. List of all property owners within a 500' radius of the subject 10-11-99
property.
3. Public Notice mailed on November 4, 1999. 11-04-99
4. Courtesy Notice to Neighborhood Associations mailed November 11-03-99
3, 1999.
5. Publication of Proposed Amendment in local newspaper (Boca 11-08-99
Raton News) on November 8, 1999, December 3, 1999, and and
December 29, 1999 12-3-99
and 1-04-00
1. Audio tapes of the Historic Preservation Board meeting of
November 3, 1999.
2. Minutes of the Historic Preservation Board meeting of November 3, 12-07-99
1999.
3. Audio tapes of the Planning and Zoning Board meeting of
November 8, 1999.
4. Audio tapes of the Planning and Zoning Board meeting of
November 15, 1999.
Page 3
PETITION NAME: AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
SECTION 4.4.24(B)(9) AND 4.4.24(F)(1)
5. Minutes ofthe Planning and Zoning Board meeting of November 1-03-00
15,1999.
6. Audio tapes of the City Commission meeting of November 16,
1999.
7. Minutes of the City Commission meeting of November 16, 1999. 1-03-00
1. Exhibit of structures moved or demolished within the OSSHAD 12-07-99
Zoning District.
2. Permitted Uses Exhibit (OSSHAD/CBD) 12-07-99
S:/APPEALS/LDR Text Amendment Block 69
Page 4
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM [ 0/~ - REGULAR MEETING OF JANUARY 4, 2000
ORDINANCE NO. 47-99 (AMENDMENT TO LDR SECTION 4.4.24,
OSSHAD ZONING DISTRICT, REGARDING USE AND DEVELOPMENT
STANDARDS FOR CERTAIN LOTS IN BLOCK 69 ASSOCIATED WITH
THE WORTHING PLACE DEVELOPMENT)
DATE: DECEMBER 30, 1999
This is second reading and a quasi-judicial public hearing for Ordinance No. 47-99 which amends
LDR Sections 4.4.24(B)(9) and (F)(1) by adding Lots 19 through 24, inclusive, Block 69, to the list of
lots in the Old School Square Historic Arts District (OSSHAD) that may be developed pursuant to
certain standards of the Central Business District.
A proposal has been submitted by the developers of Worthing Place (Block 77) to construct a parking
garage on three lots located on the west side of S.E. 1st Avenue between Atlantic Avenue and S.E. 1Et
Street. This area is currently zoned OSSHAD. The OSSHAD zoning allows parking lots but does
not specifically list parking garages/structures as a permitted use. Additionally, the required 25 ft.
front setback makes the construction of a garage practically infeasible in this area. There are several
lots within the OSSHAD zoning district that can be developed pursuant to the permitted uses and
height/setback requirements of the Central Business District. The proposed text amendment would
add Lots 19-24, Block 69, to that list of lots. The CBD allows parking garages as a permitted use and
requires only a ten foot front setback. The amendment will allow for a use and development pattern
that is more consistent with the rest of the downtown. Development of the lots will remain subject to
review by the Historic Preservation Board. Additional background and a full analysis of the request,
as well as location maps, are contained in the attached Planning and Zoning Board staff report.
On November 3, 1999, the Historic Preservation Board considered the amendment and voted
unanimously to recommend approval. The Planning and Zoning Board considered the amendment
on November 15, 1999, and voted 4 to 1 (Eliopoulos dissented; Moms abstained; McCarthy was
absent) to recommend that the text amendment be approved. At first reading and the first public
hearing on November 16th, the City Commission voted 3 to 2 (Mr. Randolph and Mr. Schmidt
dissenting) to pass the ordinance on to second reading and a quasi-judicial public hearing.
Recommend approval of Ordinance No. 47-99 on second and final reading, based upon the findings
and recommendation of the Historic Preservation Board and the Planning and Zoning Board.
Ref:Agmemo21.Ord.47-99.Adding Lots in Blk 69.OSSHAD.CBD Standards ~ ~!~ \ [r~ ~~~
Planning & Zoning Department
MEMORANDUM
FROM: DIANE DOMINGUEZ, PLANNING AND
DATE: DECEMBER 28, 1999
RE: ADDITIONAL BACK UP FOR JANUARY 4, 2000 CITY COMMISSION
AGENDA ITEM, ORDINANCE 47-99 REGARDING BLOCK 69 (OSSHAD
LDR AMENDMENT)
City Attorney Susan Ruby has suggested that I provide additional information related to
the proposed amendment to the OSSHAD zoning district, adding Lots 19-24 of Block 69
to the list of properties that can be developed pursuant to certain CBD standards. While
the proposed action is an LDR amendment, which is typically considered legislative, the
fact that the change involves permitted uses and applies to so small an area makes it
similar in nature to a change in zoning. For this reason, Susan felt it would be
appropriate to review the proposal in relation to the findings that are applicable to a
rezoning action. In response to her suggestion, the following analysis is provided and
will be made a part of the official record for the LDR amendment.
Pursuant to LDR Section 2.4.5(D), Change of Zoning District Designation, a
change of zoning must be based upon at least one of the following factors:
a) That the zoning had previously been changed, or was originally established, in
error;
b) That there has been a change in circumstance which makes the current zoning
inappropriate; or
c) That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
The applicable reasons for allowing the subject lots to be developed pursuant to the
CBD standards are "b" and "c". In the years since the OSSHAD zoning was originally
established, the downtown area has experienced a major revitalization. The Old School
Square museum and theater complex has been established, numerous new restaurants
have been opened in the blocks immediately east of Swinton Avenue, and the
downtown has a vibrant nightlife. There is an increased need for parking in the area
around Block 69, as outlined in the Parking Facility Study prepared for the CRA in 1997.
While the OSSHAD zoning itself is not entirely inappropriate for the subject lots, it is
more logical to allow the property to develop in a manner that is consistent with that
Memo re: Block 69--Rezoning Findings
Page 2
which is permitted on the CBD-zoned proPerty On the opposite side of SE 1st Avenue.
The current 25' front setback requirement is not appropriate for the downtown,
especially on property that is immediately south of Atlantic Avenue, which has a zero
(0') front setback requirement. The CBD uses that will be allowed on the subject lots if
the amendment is approved are allowed under the Future Land Use Map designation of
"Other Mixed Use."
Future Land Use Map (FLUM)--the resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said zoning
must be consistent with the applicable land use designation as shown on the
FLUM.
As noted above, the underlying FLUM designation is "Other Mixed Use." This category
references the OSSHAD zoning district for a description of the intensity and types of
uses allowed. The OSSHAD zoning lists several properties that may be developed
pursuant to the CBD standards. Thus, the CBD permitted uses are consistent with the
underlying land use.
Concurrency: Concurrency as defined pursuant to Objective B-2 of the Future
Land Use Element of the Comprehensive Plan must be met and a determination
made that the public facility needs of the requested land use and/or development
application will not exceed the ability of the City to fund and provide, or to require
the provision of, needed capital improvements in order to maintain the Levels of
Service Standards established in Table CI-GOP-1 of the adopted Comprehensive
Plan.
The proposed changes will allow development that is of a similar intensity to that which
exists throughout the downtown. The property is located in a Traffic Concurrency
Exception Area (TCEA), and is therefore exempt from the County Traffic Performance
Standards Ordinance. The capacity at existing facilities (i.e. solid waste, sewer and
water plants) is sufficient to meet the moderate increases that may occur as a result of
these changes. Concurrency will be more specifically addressed at the time of site plan
approval for a proposed development.
Consistency: A finding of overall consistency may be made even though the
action will be in conflict with some individual performance standards contained
within Article 3.2, provided that the approving body specifically finds that the
beneficial aspects of the proposed project (hence compliance with some
standards) outweighs the negative impacts of identified points of conflict.
This finding refers to the Standards for Rezoning Actions of Section 3.2.2, which are
addressed below.
Compliance with LDRs: Whenever an item is identified elsewhere in these LDRs,
it shall specifically be addressed by the body taking final action on a land
development application/request. Such items are found in Section 2.4.5 and in
special regulation portions of individual zoning district regulations.
Memo re: Block 69--Rezoning Findings
Page 3
If the LDR amendment is approved, a specific development proposal will be reviewed
by the Historic Preservation Board (HPB), which is the body that will take action on a
site plan for this property. The specific applicable LDR requirements will be addressed
at that time.
ARTICLE 3.2 PERFORMANCE STANDARDS
Section 3.2.2 Standards for Rezoning Actions
The following standard is applicable to this action:
(D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
The OSSHAD zoning will still apply to the subject properties, however, the proposed
LDR amendment will allow the same permitted uses and development standards that
exist for the properties located immediately to the north and east. The properties front
on SE 1st Avenue, facing the CBD-zoned properties across the street. The change will
allow for a more consistent and compatible development pattern along the street. The
subject lots are separated from the properties to the west, north, and south by a paved
alleyway, which allows for some separation and buffering opportunities. Development
of the property will be subject to historic preservation criteria contained within LDR
Section 4.5.1, which can help to ensure compatibility with historic structures in the area.
s:\planning & zoning\boards\city commission~block69rezoningfindings.doc
PLANNING AND zONING BOARD STAFF REPORT
MEETING OF: NOVEMBER 15, 1999
AGENDA ITEM: IV.D. AMENDMENT TO LDR SECTIONS 4.4.24(B)(9) AND
4.4.24(F)(1), ADDING LOTS 19 THROUGH 24, BLOCK 69 TO
THE LIST OF LOTS IN THE OSSHAD (OLD SCHOOL SQUARE
HISTORIC ARTS DISTRICT) ZONING DISTRICT THAT MAY BE
DEVELOPED PURSUANT TO CERTAIN STANDARDS OF THE
CBD (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT
ITE:M BEFORES, THE BO A'RD :
The item before the Board is making a recommendation to the City Commission
regarding a privately initiated request to amend LDR Section 4.4.24 Old School
Square Historic Arts District (OSSHAD), subsections (B) Permitted Uses and (F)
Development Standards. The proposed amendment is to add Lots 19, 20, 21, 22, 23,
and 24, of Block 69 to the list of lots within the OSSHAD zoning district that can: 1) be
developed pursuant to the standards of the CBD District, and 2) have the same
principal uses as the CBD.
Pursuant to LDR Section 1.1.6(A), the Planning and Zoning Board must make a
recommendation on any amendment to the Land Development Regulations.
DESCRIPT:I ONIANAEYSlS
The request has been made by the agent for the Worthing Place mixed use project.
The changes are necessary to accommodate the construction of a 3-story parking
garage on Block 69.
The subject properties are located on the west side of SE 1st Avenue, between the two
east/west alleys located within Block 69 (see Exhibit A). Three of the lots are developed
with structures. Lot 19, adjacent to the south alley, contains a single family Mission
Revival style residence with a garage in the rear which has been converted to an
apartment, both were constructed in 1925. Directly to the north, on Lot 20, is a single
family residence in the vernacular style with a cottage to the rear, the house was
constructed in 1949 and the cottage, which is older, was moved to the site in 1959. The
vernacular style building on Lot 24, the northernmost lot, was constructed in 1919 as a
single-family residence and has since been converted to an office. To the rear of Lot 24
is a garage, which was built in 1951 and has been converted to an apartment.
The following is a summary of the zoning history of these lots. Please note that due to
the fact that zoning maps and codes do not exist for every single year prior to the
1980's, these dates are approximate.
Planning and Zoning Board Staff Report
LDR Amendment--Block 69 in OSSHAD
Page 2
The earliest zoning map available in the Planning and Zoning Department is dated
1962. On this map, the subject lots are zoned R-3, Multiple Family Dwelling District, as
were the facing lots across SE 1st Avenue within Block 77. The R-3 zoning allowed
single and multiple family dwellings, as well as hotels as permitted uses. Conditional
uses included membership clubs, nursing or convalescent homes/hospitals/clinics, and
cluster development. Structures were permitted to a height of 45 feet. Building setbacks
were as follows: 25' front and street side, 10' interior side, and 10' rear.
The 1970 zoning map indicates that the lots (and the lots across Ist Avenue) were
zoned RM-2. The RM-2 district allowed single and multi-family dwellings (up to 9 units)
as permitted uses, and allowed multi-family dwellings of more than 9 units, as well as
numerous nonresidential uses by special exception (referred to in the current LDRs as
conditional uses). The list of nonresidential uses included facilities such as churches,
clubs, hotels/motels, parking, nursing homes, schools, business and professional
offices, and civic and public buildings. Structures were permitted to a height of 23 feet,
and up to 45 feet by special exception. Building setbacks were as follows: 25' front and
street side, 15' interior side, and 20' rear.
In 1972 the RM-2 zoning district was eliminated, and the properties were rezoned C-1,
Limited Commercial. In contrast to the regulations of the RM-2, the C-1 permitted a
wide variety of commercial uses by right, and multi-family projects became conditional
uses. Some of the permitted commercial uses were retail sales, banks, restaurants
(excluding drive-thrus), cocktail lounges, barber and beauty shops. In addition to multi-
family dwellings, the list of conditional uses included such uses as churches, hotels,
hospitals, office buildings, recreational facilities, and service stations. Structures were
permitted to a height of 35', with greater height allowed as a conditional use (no
maximum limit specified). The building setbacks were as follows: 10' front and side
street, 0' interior side, and 10' rear.
In approximately 1977, the C-1 district was eliminated, and the zoning of the properties
was changed to GC, General Commercial. The GC district allowed a greater variety of
commercial uses than the C-1 district, including drive-thru restaurants, movie theaters,
and offices as a permitted rather than conditional use. Additional conditional uses
included car washes and oil change facilities, amusement game establishments,
storage buildings, and veterinary clinics. Structures were permitted to a height of 45',
and building setbacks were as follows: 10' front and side street, 0' interior side, and 10'
rear.
In February of 1988 Block 69 was included within the newly formed Old School Square
Historic District, which generally included properties within the area from NE 4th Street
to SE 2nd Street, from NE and SE Ist Avenues to NW and SW 1st Avenues. The
underlying zoning districts did not change with this action, including the GC zoning on
Block 69. However, the designation of the area as a historic district meant that any
exterior changes to properties located within the district had to be approved by the
Historic Preservation Board (HPB).
Planning and Zoning Board Staff Report
LDR Amendment--Block 69 in OSSHAD
Page 3 ~---
In 1990 with the Citywide rezonings, the OSSHAD (Old School Square Historic Arts
District) zoning district was created and applied to properties located within the historic
district, including Block 69 (the GC-zoned lots on Block 77 were rezoned CBD). The
OSSHAD zoning was, and continues to be, a district that provides for mixed uses of
residential, office, and commercial activities, and promotes the restoration and reuse of
existing structures. Permitted uses include single family and duplex dwellings, offices,
retail shops, restaurants, arts related businesses, training and vocational schools,
libraries and museums, barber and beauty shops, and bed and breakfast inns. Allowed
as conditional uses are multi-family dwellings in a mixed-use structure, outdoor dining,
various types of residential care facilities (i.e. Adult Congregate Living Facilities, alcohol
and drug abuse treatment facilities, nursing homes), parking lots not associated with a
use (i.e. public parking), and residential inns. Structures within the district are permitted
to a height of 35', and building setbacks are as follows: 25' front, 15' side street, 7.5'
interior side, and 10' rear.
There are, however, several lots located within OSSHAD that may be developed in
accordance with the permitted uses and development standards of the CBD. These
lots, which are identified in Exhibit B, include the blocks fronting on Atlantic Avenue on
either side of Swinton Avenue (excluding the Old School Square complex), the Neal
Farms Market property, and the east half of Block 76 across from Old School Square.
These lots were so identified because their existing or potential uses and/or
development pattern were more typical of the CBD than OSSHAD zoning.
The effect of the proposed amendment would be to add the subject lots, Lots 19
through 24, Block 69, to the list of properties that can be developed pursuant to certain
CBD standards. The proposed changes would increase the types of permitted uses
that could be established in the district to allow for a wider range of retail, service, and
office uses, as well as more dense multi-family residential. It also would allow more
permissive development standards, as provided in the following table.
Comparison of Development Standards for CBD and OSSHAD
MINIMUM SETBACKS
LOT LOT LOT LOT MAXIMUM FRONT SIDE SIDE REAR HEIGHT
SIZE WIDTH DEPTH FRONTAGE LOT (ft.) STREET INTERIOR (ft.) (ft')
(sq. ft.) (ft.) (ft.) (ft.) COVERAGE (ft.) (ft.)
CBD 0 0 0 0 (1 ) 10 10 0/(2) 10 48
OSSHAD 8,000 80 100 80 40% (3) 25 15 7 1/2 10 35
(1) refer to individual district regulations (10% non-vehicular open space required)
(2) When there is no dedicated access to the rear of a structure, a 10' side yard setback shall be
provided
(3) In addition, a minimum of 25% non-vehicular open space is required
As previously noted, the main reason for requesting the amendment is to allow for the
construction of a parking garage that will allow a combination of public parking and
Planning and Zoning Board Staff Report
LDR Amendment--Block 69 in OSSHAD
Page 4 ....
parking for the GRIP office building located on the southeast corner of Atlantic and SE
1st Avenues. This garage will be constructed by the developers of the Worthing Place
apartment complex at their expense, and will be deeded over to the City upon
completion. While the OSSHAD district lists "parking lots not associated with a use" as
a conditional use, it does not specifically state that parking garages are permitted.
Additionally, a variance to the 25' minimum front setback would be required. The
CBD regulations specifically list "parking garages" as a permitted use, and allow 10'
front and 0' side interior setbacks.
The amendment will:
· Allow development that is of similar type and intensity to the CBD
· Allow residential densities of up to 30 units per acre
· Allow building heights of up to 48'
The amendment will not:
· allow the same conditional uses that are allowed in the CBD, including increases in
density beyond 30 units per acre
· allow increases in height up to 60' via conditional use approval
· exempt development from review by the HPB.
As noted, there are three primary and three accessory structures located on the subject
lots. As currently proposed, construction of the garage would be on Lots 20-22 and
would require the removal of the 1949 vernacular structure and accessory structure.
There is a possibility that additional property could be incorporated into the proposal,
however, no action has as yet been taken to that effect.
Pursuant to LDR Section 2.4.5(M)(5), LDR amendments require that a finding be made
that the text amendments is consistent with and furthers the Goals, Objectives, and
Policies of the Comprehensive Plan. Permitting these lots to be developed pursuant to
CBD standards, but still subject to review and approval by the Historic Preservation
Board, will allow for a transition between the more intense development that is probable
within the CBD to the east, and the lower scale development along Swinton Avenue.
This property is in a core area of the downtown facing CBD-zoned properties, and
should have setbacks that are consistent with the majority of the downtown. In
addition, the amendment will allow for the construction of a private/public parking
garage in a location that will help satisfy the parking demands of the adjacent 4-story
office building, Old School Square, nearby restaurants, and various other commercial
establishments in the area. The garage is an important component of the Worthing
Place project, a mixed use development that will help fulfill the need for year-round
residents in the downtown area. In this regard, the amendment will help to fulfill the
following policies of the Comprehensive Plan:
Planning and Zoning Board Staff Report
LDR Amendment--Block 69 in OSSHAD
Page 5
Future Land Use Element, Policy C-3.2 The successful development of the Old
School Square Project is the cornerstone to the rebirth of the economic vitality of
the community. To further accommodate this activity, the City shall evaluate the
potential for the acquisition of land in the Old School Square area of the City for
the purpose of improving public parking and/or creating a linkage between Old
School Square and governmental facilities to the west.
Future Land Use Element, Policy C-4.1 The Central Business District (CBD)
Zoning District regulations shall facilitate and encourage rehabilitation and
revitalization and shall, at a minimum, address the following:
deletion of inappropriate uses
[] incentives for locating retail on the ground floor with office and residential use
on upper floors
o accommodating parking needs throuqh innovative actions
[] incentives for dinner theaters, playhouses, and other family oriented activities
[] allowing and facilitating outdoor cafes
o incentives for mixed use development and rehabilitations
[] elimination of side yard setback requirements
o allow structural overhang encroachments into required yard areas.
The proposed amendment was reviewed by the Downtown Development Authority on
October 20, 1999. There was not a quorum at the meeting, however, the three
members present indicated their support of the amendment (see attached letter).
The amendment was reviewed by the Community Redevelopment Agency on October
28, 1999. The Board unanimously recommended approval of the amendment.
The amendment was reviewed by the Historic Preservation Board on November 3,
1999. The Board voted unanimously to recommend approval of the amendment.
The proposed amendment would add OSSHAD-zoned Lots 19-24, Block 69 to the list of
lots that can be developed pursuant to the permitted uses and development standards
of the CBD zoning district. From 1972 through most of 1990, these lots were zoned to
allow for a variety of commercial uses similar to the CBD, with the same setback
requirements. The block immediately to the east has been proposed for redevelopment
as a residential/commercial complex. Even if the current Worthing Place proposal is not
approved, it is likely that the intensity of development on Block 77 will increase
significantly. Development of the eastern half of Block 69 pursuant to CBD standards,
but still subject to HPB review and approval, will allow for an appropriate transition
Planning and Zoning Board Staff Report
LDR Amendment--Block 69 in OSSHAD
Page 6
between the CBD-zoned parcels and development along Swinton Avenue, with the
north/south alley effectively acting as a zoning district separator. The amendment will
serve a public purpose by allowing the construction of a parking garage to meet the
demands of uses in the downtown area, and is consistent with policies of the
Comprehensive Plan.
By motion, recommend approval of the proposed amendment to LDR Section 4.4.24
Old School Square Historic Arts District (OSSHAD), subsections (B) Permitted
Uses and (F) Development Standards, as attached.
Attachments:
· Proposed Amendment
· Exhibit A: Portion of Block 69
· Exhibit B: OSSHAD Lots Subject to CBD Regulations
· Letter of Support from DDA
Filelslpzlhpb/Amendment for Block 69
PROPOSED LDR AMENDMENT FOR BLOCK 69
LDR Section 4.4.24--OSSHAD Zoning District Regulations
(B) Principal Uses and Structures Allowed
(9) Within the following described areas, the uses allowed as permitted uses in
Section 4.4.13(B) pursuant to the base district and special provisions of the
Central Business District regulations shall also be allowed in the OSSHAD:
(a) Lots 13-16, Block 60
(b) Lots 1-4, Block 61
(c) Lots 1-7 and 19-24, Block 69
(d) Lots 7-8, Block 75
(e) Lots 1-6, Block 75
(F) Development Standards:
(1) The following locations shall be subject to the standards of the CBD Zone
District:
(a) Lots 13-16, Block 60
(b) Lots 1-4, Block 61
(c) Lots 1-7 and 19-24, Block 69
(d) Lots 7-8, Block 7,5
(e) Lots 1-6, Block 75
EXHIBIT "A"
ATLANTIC AVENUE
W
,_OT 2~
S.E. 1ST ST. I
~ LDR TEXT AMENDMENT
PORTION OF BLOCK 69
CiTY OF DELRAY BEACH, FL
PLANNING &: ZONING DEPARTMENT
---- DIGITAL .~/IS, E MAP $~'STE'M -- MAP REF: LM404
EXHIBIT "B"
/
T~INJ TY N, E, 5 TH ST,
BOY SCOUT LUTHERAN [
'~ OSR CF ~
R 0 A (N,W. 4TH ST,)
CASON
METHODIST
CHURCH
N.E. 5RD
COMMUNITY
CF CE~~ER
rENNtS
STADIUM
GC A TLAN TiC AVENUE
POLICE SOUTH
:OMPLEX COUNTY
COURT
HOUSE
N OSSHAD LOTS SUBJECT TO C.B.D. REGULATIONS
~ ~ m m I I · s - OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)
CITY OF DELRAY BEACH. FL ~ - EXISTING LOTS m - PROPOSED LOTS ~ ~ - BLOCK NUMBER ,,- LOT NUMBER
PLANNING & ZONING DEPARTMENT
-- DIG/TA£ ~S£ MAP S~'STC~f -- MAP REF: LMA122
DOWNTOWN DEVELOPMENT AUTHORITY
City Of Delray Beach, Florida
November 3, 1999
Mr. Robin Bird, Chairman
Planning & Zoning Board
1300 Cormorant Road, South
Delray Beach, FL 33444
Re: Text Amendment- Block 69
Dear Mr. Bird:
At the Downtown Development Authority meeting of October 20, 1999, Jeff Costello,
Planner, for the City of Delray Beach made a presentation to the Board of various items
for consideration by the Planning & Zoning Board. One of the items was the Text
Amendment for Block 69 where the public parking garage will go as part of the Block
77 project.
After the discussion it was suggested that letters be sent to the Planning & Zoning
Board and the Historical Preservation Board that a recommendation was made by the
DDA to approve this text amendment. There was unanimous consent of the DDA
members present to approve the Block 77 project and the text amendment.
Please present our recommendation to your Board' for consideration at their next
meeting.
Sincerely,
FRANK WHEAT
Chairman
DEL~ ~'~ BE.~C H
A Florida Main Street Community ~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER/0?/L!
SUBJECT: AGENDA ITEM//~/~ ' - REGULAR MEETING OF DECEMBER 7, 1999
ORDINANCE NO. 47-99 (AMENDMENT TO LDR SECTION 4.4.24,
OSSHAD ZONING DISTRICT, REGARDING USE AND DEVELOPMENT
STANDARDS FOR CERTAIN LOTS IN BLOCK 69 ASSOCIATED WITH
THE WORTHING PLACE DEVELOPMENT)
DATE: DECEMBER 3, 1999
This is second reading and a quasi-judicial public hearing for Ordinance No. 47-99 which amends
LDR Sections 4.4.24(B)(9) and (F)(1) by adding Lots 19 through 24, inclusive, Block 69, to the list of
lots in the Old School Square Historic Arts District (OSSHAD) that may be developed pursuant to
certain standards of the Central Business District.
A proposal has been submitted by the developers of Worthing Place (Block 77) to construct a parking
garage on three lots located on the west side of S.E. 1st Avenue between Atlantic Avenue and S.E. 1
Street. This area is currently zoned OSSHAD. The OSSHAD zoning allows parking lots but does
not specifically list parking garages/structures as a permitted use. Additionally, the required 25 ft.
front setback makes the construction of a garage practically infeasible in this area. There are several
lots within the OSSHAD zoning district that can be developed pursuant to the permitted uses and
height/setback requirements of the Central Business District. The proposed text amendment would
add Lots 19-24, Block 69, to that list of lots. The CBD allows parking garages as a permitted use and
requires only a ten foot front setback. The amendment will allow for a use and development pattern
that is more consistent with the rest of the downtown. Development of the lots will remain subject to
review by the Historic Preservation Board. Additional background and a full analysis of the request,
as well as location maps, are contained in the attached Planning and Zoning Board staff report.
On November 3, 1999, the Historic Preservation Board considered the amendment and voted
unanimously to recommend approval. The Planning and Zoning Board considered the amendment
on November 15, 1999, and voted 4 to 1 (Eliopoulos dissented; Morris abstained; McCarthy was
absent) to recommend that the text amendment be approved. At first reading and the first public
hearing on November 16th, the City Commission voted 3 to 2 (Mr. Randolph and Mr. Schmidt
dissenting) to pass the ordinance on to second reading and a quasi-judicial public hearing.
Recommend approval of Ordinance No. 47-99 on second and final reading, based upon the findings
and recommendation of the Historic Preservation Board and the Planning and Zoning Board.
Ref:Agmemo21.Ord.47-OO.Adding Lots in Blk 69.OSSHAD.CBD Standards ~ ~..~
METRO REPORT
U~ to 2O stories from 40area ~muni~.
~ ~ ~r T~' at ~.~PBt~/~
~ ~ ~ a ~ c~ ~ ~ he~ on ~e con~ove~ Wo~g Ha~
1~ ~ Jus~ Cut~, 20, of ~7 S~s project for do~ ~ J~. 4. To~ M~-
Road, was ~ a w~te Ford Nc~p west- ~er Dasd H~den ~d a r~ a~e~
bo~d on M~ch 4 about 7 p.m. He swe~ed ment had not
to pass a P~ T~ bus s~p~d at r~oad ~ of co.sion d~ ~e ne~Fs
~cks just east of Con~ess Avenue ~d hit move, w~ch is now ~der
~e~ Hte~on, who was cross~g ~e ~ ~ ~ Voted ~1 to renew
s~eet on a bi.cie. Hte~on, 26, of Defray B~ Dub~'s ~18,~a-ye~ con.ct to
Beach, &ed ~ee ho~ later, accord~g to ~aw even~ to ~e te~s center s~.
· e P~ Beach Co~W Medi~ E~er. Michael Wright vot~ no. ~e co~ssion
Cu~ ~ld po~ce he ~ed to avoid ~e crash, ~so approved a ~21,~ bonus for Dub~ for
but ~s s~ed~g. ~vesfigators dete~ed mee~g go~s at ~e ~s center ~d goff
he ~s go~ at least ~ mph ~ a 30 mph course. He had ask~ ~or 15 ~rcent or
~ne. ~22,335.
A~ ~ ~ ~ ~ ~ ~ ~ ~
~ ~ ~r a c~sh west of Boca ~ton br~ bo~d to e~e b~ a new ciW
~s ~ ~r condition We~e~ay, hospi~ of- br~ complex at a site just east of ~e P~
fici~s ~d. Tony O~o, 19, of H~sboro Beach Co~W Co~ou~ ~d a~oss ~-
B~ch p~ed onto Power~e Road on ~s ~- ~c Avenue. ~e bo~d ~t ~ee con~fions:
wa~ b~e ~d ~to ~e ~ of a Toyo~ no plus would ~teffere ~ ~y e~sion
~ho ~ven by ~en Reese of Bo~ ~ton, of ~e cou~ou~, ~e Co~ RedeveF
a she~s re~ ~d. opment ~en~ re~es ~e fight to se~ ~e
pro~ ~s~ ~d ~e bo~d should keep ~e
~ ~ -- ~ ~ ~ option of b~g at ~e ~ent site of a
~ ~ ~ ~ Y~. ~ ~ ~ ~ ~d post office ~ ~eapple Grove.
i ~y ,t Should schools eliminate elective ~1~
courses to reduce class sizes?
100 N.W. lm Avenue, Dekay Beach,
~E~ION OF 'T'I~ CFTY 0F OF. LRAY
0F THE CfTY OF OELRAY BF. ACH BY
~ENDIN6 ~x=CTION 4.4.24 'OLD
OISTR~r (0SSHAD)', SUBSEC'TtON
4.4~4 (B), "F~INC~RN. LJSF..S AND
~}~=,E)~" TO AJX) LOTS 19 'II'IRO<~H
~4E SAME PflINC1PAL USF. S AS THE
'I~AT f/AY lie D~/~,.OPED PUR-
CENTRAL BUSINF..S~ DISTRICT;
t~7~IXN~ A 13ENERAL I~'PF. ALER
I~J~ClN~ LAND PflES~NTLY ZON~.D
I~-1.-~ (S~N~LE FAMILY RESlD~N-
'l~/t) DIST~IC'r IN ~ CF (COMMU-
I~ffY r-,AClLmE$) DIS'rRIC~, ~AID
LO'T 14 AND ALL OF LOT 15, ~LOCK
~HE ~c,.~ SIDE OF N.W. 2fid
AVENUE, APPROXIMATELY 400 ~
~UTI-I 0~ MART1N LUTHER KING
DESCRIBED
gl= DEr. RAY BF. ACH, FLORIDA, 1994";
FflOV/DIN6 A C~E&L~RAL RB=EAL.E~
i~AU~E, A SAV~fl~ CI.A, IJSE, ~ND
~O.afl~ ml[t~' CO,ll~O~d at the~e
FROM: DIANE DOMINGUEZ, PLANNING AND ZO
SUBJECT: MEETING OF NOVEMBER 16, 1999
AMENDMENT TO LDR SECTION 4.4.24 (OSSHAD ZONING DISTRICT),
REGARDING USE AND DEVELOPMENT STANDARDS FOR LOTS 19-24,
BLOCK 69, ASSOCIATED WITH THE WORTHING PLACE DEVELOPMENT
A proposal has been submitted by the developers of Worthing Place (Block 77) to construct a
parking garage on three lots located on the west side of SE 1st Avenue, between Atlantic
Avenue and SE 1st Street. This area is currently zoned OSSHAD (Old School Square Historic
Arts District). The OSSHAD zoning allows parking lots but does not specifically list parking
garages/structures as a permitted use. Additionally, the required 25' front setback makes the
construction of a garage practically infeasible in this area. There are several lots within the
OSSHAD zoning district that can be developed pursuant to the permitted uses and
height/setback requirements of the CBD (Central Business District) zoning. This amendment
would add Lots 19-24, Block 69 to that list of lots. The CBD allows parking garages as a
permitted use, and requires only a 10' front setback. The amendment will allow for a use and
development pattern that is more consistent with the rest of the downtown. Development of the
lots will remain subject to review by the Historic Preservation Board. Additional background and
a full analysis of the request, as well as location maps, are contained within the attached
Planning and Zoning Board staff report.
The Historic Preservation Board (HPB) considered this amendment at its meeting of November
3, 1999. The Board voted unanimously (5-0) to recommend approval of the amendment.
The Planning and Zoning Board will consider the amendment at its meeting of November 15,
1999. The Board's recommendation will be presented to the City Commission during their
consideration of this item.
ii
......................................................................................... ........ ..................................................... ........
By motion, approve the attached ordinance amending LDR Sections 4.4.24(B)(9) and (F)(1),
adding Lots 19-24, Block 69, to the list of lots in the OSSHAD zoning district that may be
developed pursuant to ce~in standards of the CBD.
Attachments:
· Ordinance
· P & Z Board 16
SECTIO~ 4.4.24
Section 4.4.24 Old School So. uare Historic Arts District ~
(A) Pur.oose and Ir~tent: The Old School Square Historic Art.__~s District (OSSHAD)
is a mixed use district which is intended to: ~
* Provide for mixed uses of residential, office, and commercial activities, with
an emphasis on the arts, that will encourage the restoration or preservation
of historic structures and, yet, maintain and enhance the historic and
pedestrian scale of the area; [Amd. Ord. 13-93 2/23193]
* Stimulate greater awareness and pride in the City's architectural heritage,
and create an atmosphere and feeling of "Old Delray Beach";
* Improve the environmental quality and overall livability of this Historic
District and stabilize and improve property value therein, and;
* Allow uses which promote preservation and adaptive reuse of all structures
within the District. [Amd. Ord. 13-93 2/23193]
(B) Princi_Dal Uses and Structures: The following types of uses are allowed
within the OSSHAD as a permitted use:
(1) Residential uses of single family detached dwellings and duplexes.
(2) Business, Professional, and Governmental Offices.
(3) Retail sales through specialty shops (single purpose businesses) such as:
bath shops, book stores, gift shops, florists, hobby shops, kitchen shops, boutiques,
bicycle shops.
(4) Arts related businesses such as craft shops, galleries, and studios within
which is conducted the preparation of, display of, and/or sale of art products such as
antiques, collectibles, custom apparel, jewelry, paintings, photography, picture framing,
pottery, sculpture, stained glass.
(5) Educational and/or Instructional activities including training, vocational, or
craft schools, the arts, personal development, and libraries, museums, and social and
philanthropic institutions. [Amd. Ord. 13-93 2/23193]
(6) Restaurants of a sit down nature such as a cafe, snack shop, full service
dip. ing but excluding any drive-in and/or drive-through facilities or features. [Amd. Ord.
13-93 2/23193]
4474
CITYOF DELRAY BEACH'
OF IqIOPO~D AMENDMENT TO THE LAND
DEVEJ.OPMEWT REGULATIONS TO INCLUDE AIX)rTIONAL
IqloPEInlES ON THE UST OF LOTS IN THE OLD IGHOOL
~GUAllE HISTORK) AJITS DISTRICT (MAD) THAT MAY
BE DEVELOPED PUlIlUANT TO GEKTAIN STANDW OF
THE ~,ENTnAL BUSINESS DIST1.GI' (GLO).
The City Commission of the City of Delray Beach. Fl~ida, proposes to a~opt
the following ordinance:
ORDINANCE NO. 47-99
AN ORDINANCE OF 'THE.CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOP-
MENT REGIONS OF THE CITY OF DELRAY BEACH BY
AMENDING SECTION 4.4.24, ~OLD SCHOOL SQUARE HISTORIC
ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24 (B), "PRINC~
USES AND STRUCTURES", AND SUBSECTION 4.4.24 (F), DEVEL.
LOPMENT STANDARDS", TO ADD LOTS 19 THROUGH 24 INCLU-
SIVE, BLOCK 69, TO THE LIST OF LOTS WlTHIN THE OSSHAD
ZONING DISTRICT THAT MAY HAVE THE SAME PRINCIPAL USE~
AS THE CENTRAL BUSINESS DISTRICT AND THAT M~Y BE
DEVELOPED PURSUANT TO THE STANDARDS OF THE CENTRAL
BUSINESS DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN
The City Commission will c~nduct two (2~ Public Hearings for the
pm'pose of accepting public testimony regarding the proposed ordinance
The first Public Hearing was held on TUESDAY~ NOVEMBER 16~
1999~ AT 7:00 P.M. in the COmmission Chambers at City Hall, 100
N.W. 1st Avenue, Delray Beach, Florida. The second Public Hearing
will be held on TUESDAY~ JANUARY 4~ 2000~ AT ?:00 P.M. (or at
any continuation of such meeting which is set by the Commission).
AH 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 informafio~ or to obtain a copy of the
proposed orcLinance, please contact the Planning and Zoning Departmen!
City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone
561-243o7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday
through Friday, excluding holidays.
PLF.&SE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL
ANY DECISION MADE BY THE CITY COMMISSION WITH
RESPEC~ TO ANY MATTER CONSIDERED AT THESE HEARINGS,
SUCH PERSON MAY NI~.I~ TO ENSURE THAT A VERBATIM
RF~ORD 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 Boca Raton News CITY OF DELRAY BEACH
November 8, 1999 Alison MacGregor Harry
December 29, 1999 City Clerk
Acl~s 794132?'792881
I ~'-'~=7- 1999 I :29~.M FRQH BOC~ R,~TON NEWS ~.07 ~38 ~89B P. I
,." ., ~'~ ~ .. '. ~ j :~::~?,t~.. ' .,.
N~cy Smi~
Bo~ Ratoa N~
Bo~ ~n, FL 33487
Re: Ordnance No. 47-~ofice ofProp~ ~dment to the L~d Development
R~u~tions To Inch~ A~~ P~p~ oa ~e List of ~o~ ~ ~e old
S~hool Squa~ ~btofic A~ Db~ (~S~) That Ma~ Be Devd~ped
Pu~u~t To C~b S~nd~ of t~.Ceu~ gus~s ~ (CBD)
pk~e see ~ fi~c a~ched ad~s~cut
No~r 8, 1~9 ~d W~n~y, Decemb~ 1, 1999, h~ev~, d~ lo ~or ~e by
Bo~ ~ton ~c~ ~s ~ only r~ on ~ov~ 8, 1999, ~d ~s not publi~ on
D~ember I, 1999.
P~ o~ City Auomey, it is ~pm~vc
1999. Pl~s~ sigu ~low to ~owl~ge
possible- ~so. ] ~E ~1 you on Tu~y ~e~uoon
Dcccmb~ 29~.
If you h~ve ~y ques6ons, pl~ f~el ~ to contact me a~ 2~3-7052.
~ you for y~ eoo~afion ~d
N~cy S~~ News
~sim
THE Eg~O~T AkwAY$ MATTERS
12/27/'99 ~'ION 11:30 FAX 561 243 3774 CITY CLERK ~001
*********************
*** TX REPORT ***
*********************
TRANSMISSION OK
TX/RX NO 1092
CONNECTION TEL 98936672
CONNECTION ID
ST. TIME 12/27 11:28
USAGE T 02'38
PGS. SENT 4
RESULT OK
100 N,W. lstAvenue
Delray Beach, FL 33444
Phone; 561/243-7052
Fax: ~61/243-3774
lo: *Nancy Smith/Boca News From: City Clerk's Office/City of Delray Beach
Fax: 561/893-6672 (Speed Dial #1) Date: December 27, 1999
Phone: 561/243-7052 Pages: 4
Re: Ordinance No. 47-99 CC: Boca News File
[] Urgent [] For Review [] Please Comment [] Please Reply [] Please Recycle
· COMMENTS:
Nancy: Please see the attached letter and advertisement with inst~ctiolts, Thank you
for your assistance,
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
TO INCLUDE ADDITIONAL PROPERTIES ON THE LIST OF LOTS IN THE OLD
SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD) THAT MAY BE
DEVELOPED PURSUANT TO CERTAIN STANDARDS OF THE CENTRAL BUSINESS
DISTRICT (CBD)
The City Commission of the City of Delray Beach, Florida,
proposes to adopt the following ordinance:
ORDINANCE NO. 47-99
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 4.4.24, "OLD SCHOOL SQUARE
HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(B),
~PRINCIPAL USES AND STRUCTURES", AND SUBSECTION 4.4.24(F),
"DEVELOPMENT STANDARDS", TO ADD LOTS 19 THROUGH 24, INCLUSIVE,
BLOCK 69, TO THE LIST OF LOTS WITHIN THE OSSHAD ZONING DISTRICT
THAT MAY HAVE THE SAME PRINCIPAL USES AS THE CENTRAL BUSINESS
DISTRICT AND THAT MAY BE DEVELOPED PURSUANT TO THE STANDARDS OF
THE CENTRAL BUSINESS 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 was held on TUESDAY~
NOVF/~BER 16~ 1999~ AT 7:00 P.M., in the Commission Chambers at
City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. The
second Public Hearing will be held on TUESDAY~ JANUARY 4~ 2000~
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,
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.
PUBLISH: The News CITY OF DELRAY BEACH
November 8, 1999 Alison MacGregor Harty
December 29, 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 must be an 18 point bold headline. Thank you.
REF:UseNotice. Ord47-99.Add Blk69 Lots.OSSHAD.Dev.per CBD Regs.
I~EC-D2-1999 16:50
The Leader In Local News
Boca Raton News
CITY OF' DELRAY BEACH
DEVELOPMENT REGULATIONS TO INCLUDE ADI)n'IONAL
PROPElnlE8 ON THE LIST OF LOTS IN THE.OLD SCHOOL
SCIUARE HISTORIC ~ DISTRICT (OSSHAD) THAT MAY
BE DEVELOPED PUII~UANT TO C~IITAIN STANDAI~DS OF
THE CENTRAL BUSINESS DIS~ ((~D).
The City Commission of file City of l~lray B~h,' Florida, pl'opo~s to Ildopt
the following ordimmce:
ORDn XNCE NO. 47-99
AN ORDINANCE OF THE CITY ~OMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOP-
MENT REG~ONS OF THE CITY OF DELRAY BEACH BY
AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC
ARTS DISTRICT (OSSHAD)", SUBS~ON 4.4.24 (B), 'PRINCIPAL
USES AND STRUCTURF, S", AND SUBSECTION 4.4.24 (F), DEVED
LOPMENT STANDARDS", TO ADD LOTS 19 THROUGH 24 INCLU-
SIVE, BLOCK 69, TO THE LIST OF LOTS ~ THE OSSHAD
ZONING DISTRI .CT THAT MAY HAVE THE SAME PRINCII~AL USF_,~
AS THE CENTRAL BUSINESS DISTRICT AND THAT MAY BE
DEVELOPED PURSUANT TO TI-tE STANDARDS OF THE CENTRAL:
BUSINESS DISTRICT; PROVIDINO A GENERAL
CLAUSE, A SAVING CLAUSE, AND AN EFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the
purpose of accepting public testimony regarding tbe proposed ordinance
The first Public Hearing will be held on TUESDAYr NOVEMBER 16r
1999~ AT ?i00 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, De[ray Beach, Florida. If the ordinance is passed
on the first reaxling, a second Public Hearing will be held on TUESDAY,
DECEMBER 7, 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 he~'ings and
comment upon the proposed ordinance or submit th~.'ir ~man~nts in
writing on or before the date of these bearings to the Pl~g and
Zoning Department. For further information or to obta~ a copy of the
proposed ordinance, please contuet the Planning and Zot~ng ~nt
City Hgll, 100 N.W. 1st Avemue, Delvay Be,,~h, Florida 3~a.a. 4 (Phone
561-243-7040), between the hours of 8:00 mm. and $:00 p.m., Monday
through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL
ANY DECISION MADE BY THE C1TY COMI~[ISSION W1TH
RESPEC~ TO ANY MATI'ER CONSIDERED AT TI-IESE HEARINGS,
SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH TIlE APPEAL IS TO BE BASED. THE CITY DOES NOT
PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S.
286.0105. ·
PUBLISH: B°ca l~ton News CITY OF DELRAY BEACH
November $, 1999 Alison Ma~o-regor
De~ember 3, 1999 City Clerk
Ad~795619 ·..
II I
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS TO INCLUDE ADDITIONAL
PROPERTIES ON THE LIST OF LOTS IN THE OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT (OSSHAD) THAT MAY
BE DEVELOPED PURSUANT TO CERTAIN STANDAI~DS OF
THE CENTRAL BUSINESS DISTRICT (CBD).
The City Commission of the City of Delray Beach, Hod/h, proposes to adopt '
the following ordinance:
ORDINANCE NO. 47-99
AN ORDINANCE OF THE CITY COMMISSION OF TNE C1TY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOP-
MENT REGULATIONS OF THE CITY OF DELRAY BEACH BY
AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC
ARTS DISTRICT (OSSHAD)", ~UBSECTION 4.4.24 (B), "PRINCIPAL
USES AND STRU~', AND SUBSECTION 4.4.24 (F), DEVEL-
LOPMENT STANDARDS", TO ADD LOTS 19 THROUGH 24 INCLU-
SIVE, BLOCK 69, TO THE LIST OF LOTS WITHIN THE OSSHAD
ZONING DISTRICT THAT MAY HAVE THE SAME PRINCIPAL USES
AS THE CENTRAL BUSINESS DISTRICT AND THAT MAY BE
DEVELOPED PURSUANT TO THE STANDARDS OF THE CENTRAL
BUSINESS DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFECTIVE 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 TLrESDAY~ NOVEMBER 16~
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, Defray Beach, Florida. If the ordinance is passed
on the first reading, a second Public Hearing will be held on TUESDAY,
DECEMBER 7~ 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 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 BAS .F.D. THE CITY DOES NOT
PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO ES.
286.0105. .-
PUBLISH: Boca Raton News' CITY OF DELRAY BEACH
November 8, 1999 Alison MacGregor Harty
December 1, 1999 : City Clerk
FR! 12:48 FAX 561 243 37T4 CITY C!J:~ ~100l
100 N.W. 1.1 Atm~
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
TO INCLUDE ADDITIONAL PROPERTIES ON THE LIST OF LOTS IN THE OLD
SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD) THAT MY BE
DEVELOPED PURSUANT TO CERTAIN STANDARDS OF THE CENTRAL BUSINESS
DISTRICT (CBD)
The City Commission of the City of Delray Beach, Florida,
proposes to adopt the following ordinance:
ORDINANCE NO. 47-99
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 4.4.24, "OLD SCHOOL SQUARE
HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(B),
"PRINCIPAL USES AND STRUCTURES", AND SUBSECTION 4.4.24(F),
"DEVELOPMENT STANDARDS", TO ADD LOTS 19 THROUGH 24, INCLUSIVE,
BLOCK 69, TO THE LIST OF LOTS WITHIN THE OSSHAD ZONING DISTRICT
THAT MAY HAVE THE SAME PRINCIPAL USES AS THE CENTRAL BUSINESS
DISTRICT AND THAT MAY BE DEVELOPED PURSUANT TO THE STANDARDS OF
THE CENTRAL BUSINESS 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~
NO--ER 16~ 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, DECEMBER 7~ 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,
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.
PUBLISH: The News CITY OF DELRAY BEACH
November 8, 1999 Alison MacGregor Harty
December 1, 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 must be an 18 point bold headline. Thank you.
REF:UseNotice.Ord45-99.Restaurants as Cond. Use in POC
HISTORIC PRESERVATION BOARD
STAFF REPORT
AMENDMENT TO LDR SECTIONS 4.4.24(B)(9) AND 4.4.24(F)(1), ADDING LOTS 19
THROUGH 24, BLOCK 69 TO THE LIST OF LOTS IN THE OSSHAD (OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT) ZONING DISTRICT THAT MAY BE
DEVELOPED PURSUANT TO CERTAIN STANDARDS OF THE CBD (CENTRAL
BUSINESS DISTRICT) ZONING DISTRICT
The item before the Board is making a recommendation to the Planning and Zoning
Board and the City Commission, regarding a privately initiated request to amend LDR
Section 4.4.24 Old School Square Historic Arts District {OSSHAD), subsections {B)
Permitted Uses and {F) Development Standards. The proposed amendment is to
add Lots 19, 20, 21, 22, 23, and 24, of Block 69 to the list of lots within the OSSHAD
zoning district that can: 1) be developed pursuant to the standards of the CBD District,
and 2) have the same principal uses as the CBD.
The request has been made by the agent for the Worthing Place mixed use project.
The changes are necessary to accommodate the construction of a 3-story parking
garage on Block 69.
The subject properties are located on the west side of SE 1st Avenue, between the two
east/west alleys located within Block 69 (see Exhibit A). Three of the lots are developed
with structures. Lot 19, adjacent to the south alley, contains a single family Mission
Revival style residence with a garage in the rear which has been converted to an
apartment, both were constructed in 1925. Directly to the north, on Lot 20, is a single
family residence in the vernacular style with a cottage to the rear, the house was
constructed in 1949 and the cottage, which is older, was moved to the site in 1959. The
vernacular style building on Lot 24, the northernmost lot, was constructed in 1919 as a
single-family residence and has since been converted to an office. To the rear of Lot 24
is a garage, which was built in 1951 and has been converted to an apartment.
The following is a summary of the zoning history of these lots. Please note that due to
the fact that zoning maps and codes do not exist for every single year prior to the
1980's, these dates are approximate. Additional research is being conducted to try and
determine exact dates of the reported zoning changes.
Meeting Date: November 3, 1999
Agenda Item: IV.B.
HPB Staff Report
LDR Amendment--Block 69 in OSSHAD
Page 2 '--~
The earliest zoning map available in the Planning and Zoning Department is dated
1962. On this map, Block 69 as well as the west half of Block 77 is zoned R-3, Multiple
Family Dwelling District. The Ro3 zoning allowed single and multiple family dwellings,
as well as hotels as permitted uses. Conditional uses included membership clubs,
nursing or convalescent homes/hospitals/clinics, and cluster development. Structures
were permitted to a height of 45 feet. Building setbacks were as follows: 25' front and
street side, 10' interior side, and 10' rear.
The 1970 zoning map indicates that the lots were zoned RM-2, as was the western half
of Block 77. The RM-2 district allowed single and multi-family dwellings (up to 9 units)
as permitted uses, and allowed multi-family dwellings of more than 9 units, as well as
numerous nonresidential uses by special exception (referred to in the current LDRs as
conditional uses). The list of nonresidential uses included facilities such as churches,
clubs, hotels/motels, parking, nursing homes, schools, business and professional
offices, and civic and public buildings. Structures were permitted to a height of 23 feet,
and up to 45 feet by special exception. Building setbacks were as follows: 25' front and
street side, 15' interior side, and 20' rear.
In 1972 the RM-2 zoning district was eliminated, and the property was rezoned C-1,
Limited Commercial (as was the west half of Block 77--the east half was zoned CBD).
In contrast to the regulations of the RM-2, the C-1 permitted a wide variety of
commercial uses by right, and multi-family projects became conditional uses. Some of
the permitted commercial uses were retail sales, banks, restaurants (excluding drive-
thrus), cocktail lounges, barber and beauty shops. In addition to multi-family dwellings,
the list of conditional uses included such uses as churches, hotels, hospitals, office
buildings, recreational facilities, and service stations. Structures were permitted to a
height of 35', with greater height allowed as a conditional use (no maximum limit
specified). The building setbacks were as follows: 10' front and side street, 0' interior
side, and 10' rear.
In approximately 1977, the C-1 district was eliminated, and the property was rezoned
GC, General Commercial (also along with the west half of Block 77). The GC district
allowed a greater variety of commercial uses than the C-1 district, including drive-thru
restaurants, movie theaters, and offices as a permitted rather than conditional use.
Additional conditional uses included car washes and oil change facilities, amusement
game establishments, storage buildings, and veterinary clinics. Structures were
permitted to a height of 45', and building setbacks were as follows: 10' front and side
street, 0' interior side, and 10' rear.
In February of 1988 Block 69 was included within the newly formed Old School Square
Historic District, which generally included properties within the area from NE 4th Street
to SE 2nd Street, from NE and SE 1st Avenues to NW and SW 1st Avenues. The
underlying zoning districts did not change with this action, including the GC zoning on
Block 69. However, the designation of the area as a historic district meant that any
exterior changes to properties located within the district had to be approved by the
Historic Preservation Board.
HPB Staff Report
LDR Amendment--Block 69 in OSSHAD
Page 3 --~
In 1990 with the Citywide rezonings, the OSSHAD (Old School Square Historic Arts
District) zoning district was created and applied to properties located within the historic
district, including Block 69 (the western half of Block 77 was rezoned CBD). The
OSSHAD zoning was, and continues to be, a district that provides for mixed uses of
residential, office, and commercial activities, and promotes the restoration and reuse of
existing structures. Permitted uses include single family and duplex dwellings, offices,
retail shops, restaurants, arts related businesses, training and vocational schools,
libraries and museums, barber and beauty shops, and bed and breakfast inns. Allowed
as conditional uses are multi-family dwellings in a mixed-use structure, outdoor dining,
various types of residential care facilities (i.e. Adult Congregate Living Facilities, alcohol
and drug abuse treatment facilities, nursing homes), parking lots not associated with a
use (i.e. public parking), and residential inns. Structures within the district are permitted
to a height of 35', and building setbacks are as follows: 25' front, 15' side street, 7.5'
interior side, and 10' rear.
There are, however, several lots located within OSSHAD that may be developed in
accordance with the permitted uses and development standards of the CBD. These
lots, which are identified in Exhibit B, include the blocks fronting on Atlantic Avenue on
either side of Swinton Avenue (excluding the Old School Square complex), the Neal
Farms Market property, and the east half of Block 76 across from Old School Square.
These lots were so identified because their existing or potential uses and/or
development pattern were more typical of the CBD than OSSHAD zoning.
The effect of the proposed amendment would be to add a portion of Block 69 to the list
of properties that can be developed pursuant to certain CBD standards. These lots are
st
located on the west side of SE I Avenue, between the two east/west alleys that exist
within this block. The proposed changes would increase the types of permitted uses
that could be established in the district, and allow more permissive development
standards, as provided in the following table.
Comparison of Development Standards for CBD and OSSHAD
MINIMUM SETBACKS
LOT LOT LOT LOT MAXIMUM FRONT SIDE SIDE REAR HEIGHT
SIZE VVlDTH DEPTH FRONTAGE LOT (ff.)
(sq. ft.) (ft.) (ft.) (ft.) COVERAGE (ft.) STREET (ft.) INTERIOR (ft.) (ft.)
CaD 0 0 0 0 (1 ) 10 10 0/(2) 10 48
OSSHAD 8,000 80 100 80 40% (3) 25 15 7 1/2 10 35
(1) refer to individual district regulations (10% non-vehicular open space required)
(2) When there is no dedicated access to the rear of a structure, a 10' side yard setback shall be
provided
(3) In addition, a minimum of 25% non-vehicular open space is required
As previously noted, the main reason for requesting the amendment is to allow for the
construction of a parking garage that will allow a combination of public parking and
HPB Staff Report
LDR Amendment--Block 69 in OSSHAD
Page 4
parking for the GRIP office building located on the southeast corner of Atlantic and SE
Ist Avenues. This garage will be constructed by the developers of the Worthing Place
apartment complex at their expense, and will be deeded over to the City upon
completion. While the OSSHAD district lists "parking lots not associated with a use" as
a conditional use, it does not specifically state that parking garages are permitted.
Additionally, a variance to the 25' minimum front setback would be required. The
CBD regulations specifically list "parking garages" as a permitted use, and allow 10'
front and 0' side interior setbacks.
The amendment will:
· Allow development that is of similar type and intensity to the CBD
· Allow residential densities of up to 30 units per acre
· Allow building heights of up to 48'
The amendment will not:
· allow the same conditional uses that are allowed in the CBD, including increases in
density beyond 30 units per acre
· allow increases in height up to 60' via conditional use approval
· exempt development from review by the HPB.
As noted, there are three primary and three accessory structures located on the subject
lots. As currently proposed, construction of the garage would be on Lots 20-22 and
would require the removal of the 1949 vernacular structure and accessory structure.
There is a possibility that additional property could be incorporated into the proposal,
however, no action has as yet been taken to that effect.
Permitting these lots to be developed pursuant to CBD standards, but still subject to
review and approval by the HPB, will allow for a transition between the more intense
development that is probable within the CBD to the east, and the lower scale
development along Swinton Avenue. In addition, it will allow for the construction of a
private/public parking garage in a location that will help satisfy the parking demands of
the adjacent 4-story office building, Old School Square, nearby restaurants, and various
other commercial establishments in the area. The garage is an important component
of the Worthing Place project, a mixed use development that will help fulfill the need for
year-round residents in the downtown area. In this regard, the amendment will help to
fulfill the following policies of the Comprehensive Plan:
Future Land Use Element, Policy C-3.2 The successful development of the Old
School Square Project is the cornerstone to the rebirth of the economic vitality of
the community. To further accommodate this activity, the City shall evaluate the
potential for the acquisition of land in the Old School Square area of the City for
the purpose of improving public parking and/or creating a linkage between Old
School Square and governmental facilities to the west.
HPB Staff Report
LDR Amendment--Block 69 in OSSHAD
Page 5
Future Land Use Element, Policy C-4.1 The Central Business District (CBD)
Zoning District regulations shall facilitate and encourage rehabilitation and
revitalization and shall, at a minimum, address the following:
[] deletion of inappropriate uses
[] incentives for locating retail on the ground floor with office and residential use
on upper floors
accommodating parking needs through innovative actions
incentives for dinner theaters, playhouses, and other family oriented activities
[] allowing and facilitating outdoor cafes
[] incentives for mixed use development and rehabilitations
[] elimination of side yard setback requirements
[] allow structural overhang encroachments into required yard areas.
The proposed amendment would add OSSHAD-zoned Lots 19-24, Block 69 to the list of
lots that can be developed pursuant to the permitted uses and development standards
of the CBD zoning district. From 1972 through most of 1990, these lots were zoned to
allow for a variety of commercial uses similar to the CBD, with the same setback
requirements. The block immediately to the east has been proposed for redevelopment
as a residential/commercial complex. Even if the current Worthing Place proposal is not
approved, it is likely that the intensity of development on Block 77 will increase
significantly. Development of the eastern half of Block 69 pursuant to CBD standards,
but still subject to HPB review and approval, will allow for an appropriate transition
between the CBD-zoned parcels and development along Swinton Avenue, with the
north/south alley effectively acting as a zoning district separator. The amendment will
serve a public purpose by allowing the construction of a parking garage to meet the
demands of uses in the downtown area, and is consistent with policies of the
Comprehensive Plan.
The proposed amendment was reviewed by the Downtown Development Authority on
October 20, 1999. There was not a quorum at the meeting, however, the three
members present indicated their support of the amendment.
The amendment was reviewed by the Community Redevelopment Agency on October
28, 1999. The Board unanimously recommended approval of the amendment.
HPB Staff Report
LDR Amendment--Block 69 in OSSHAD
Page 6
R E C 0 M M :END A T I:O N?,:::~:'.i
By motion, recommend approval of the proposed amendment to LDR Section 4.4.24
Old School Square Historic Arts District (OSSHAD), subsections (B) Permitted
Uses and (F) Development Standards, as attached.
Attachments:
· Proposed Amendment
· Exhibit A: Portion of Block 69
· Exhibit B: OSSHAD Lots Subject to CBD Regulations
File/s/pz/hpb/Amendment for Block 69
PROPOSED LDR AMENDMENT FOR BLOCK 69
LDR Section 4.4.24--OSSHAD Zoning District Regulations
(B) Principal Uses and Structures Allowed
(9) Within the following described areas, the uses allowed as permitted uses in
Section 4.4.13(B) pursuant to the base district and special provisions of the
Central Business District regulations shall also be allowed in the OSSHAD:
(a) Lots 13-16, Block 60
(b) Lots 1-4, Block 61
(c) Lots 1-7 and 19-24, Block 69
(d) Lots 7-8, Block 75
(e) Lots 1-6, Block 75
(F) Development Standards:
(1) The following locations shall be subject to the standards of the CBD Zone
District:
(a) Lots 13-16, Block 60
(b) Lots 1-4, Block 61
(c) Lots 1-7 and 19-24, Block 69
(d) Lots 7-8, Block 75
(e) Lots 1-6, Block 75
ATLANTIC AVENUE
i ! I I
Z
>
"~ LOT 22
LOT 22 ~
z L.~/L.,~ .............-ca: ~~~ -' ~ ~
~m
~m
S.E. 1ST ST.
~ LDR TEXT AMENDMENT
PORTION OF BLOCK 69
CITY OF' DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
---- DIGITAL BASE I~P SYSfEM -- MAP REF: LM404
N.W
COMMUNITY
CF cE~=R
COURT
HOUSE
S.W. ~ND ST 2ND ST.
N OSS HAD LOTS. SUBJECTsQuARE HISTORIcTO C. B. D.ARTS DiSTRIcTREGULATIONS
~ ;:~ ~ ~ ~:~ OLD SCHOOL (OSSHAD)
-- DIGItaL ~E MAP ~Y~EM -~