13-93 MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER'S'{
SUBJECT: AGENDA ITEM # I~.~. -n MEETING OF FEBRUARY 23. 1993
ORDINANCE NO. 13-93
DATE: February 19, 1993
First reading and public hearing was held on this ordinance at the
February 9th regular meeting. Prior to adoption a second reading is
required.
This is an ordinance which amends the Land Development Regulations by
proposed changes to the entirety of the Old School Square Historic
Arts District (OSSHAD). Direction to reevaluate the OSSHAD district
originally came from a workshop session involving the City Commission,
the Historic Preservation Board and others. A special task force was
subsequently created, with the proposed ordinance being the
culmination of these various efforts.
The Planning and Zoning Board formally reviewed this item at their
January llth meeting, at which time certain concerns were raised as to
the degree that retail use would be allowed within OSSHAD. At a
subsequent meeting on January 25th, the Board recommended approval of
the proposed ordinance, subject to certain text changes. A detailed
staff report is attached as backup material for this item.
I had previously made the Commission aware of my concerns with regard
to the drastic reduction in parking required for restaurants from 12
spaces per 1,000 square feet to four (4) spaces to 1,000 square feet.
The Planning and Zoning Board, in their review, continued their
support for a uniform requirement throughout OSSHAD.
At the February 9th regular meeting, Ordinance No. 13-93 was passed on
first reading by a vote of 5-0.
Recommend approval of Ordinance No. 13-93 on second and final
reading.
CITY COMMISSION DOCUMENTATION
TO: /~--D~AV.I,D T. HARDEN, CITY MANAGER
FROM~~,~ DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 9, 1993
FIRST READING~ ORDINANCE AMENDMENT RE OSSHAD
NOTE~ THIS DOCUMENTATION IS REVISED AND UP-DATED WITH RESPECT
TO THAT ISSUED FOR THE JANUARY 26, 1993 COMMISSION MEETING.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an ordinance which amends the LDRs on first
reading.
The proposed changes are to the entirety of the Old School
Square Historic Arts District (OSSHAD) Zone - Section
4.4.24.
BACKGROUND:
Direction for taking a complete evaluation of the OSSHAD Zone
District came from a meeting among the City Commission, the
Historic Preservation Board and others. To assist in addressing
the matter, a special task force was created. The major items
being addressed, at this time, include:
* expansion of the range of allowable retail uses;
* clarification of mixed used upon a specific parcel and/or
within a structure;
* accommodation of the Bankers Row Master Plan;
* change in parking regulations and making the in-lieu fee
option available.
Please refer to the Planning and Zoning Board staff reports
(previously provided) for more details and a complete listing of
proposed changes.
City Commission Documentation
First Reading, Ordinance Amendment Re OSSHAD
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of January llth. Three individuals (Fulton, Jamison,
Weiner) generally supported the changes but did express concerns
with the degree to which retailing would be allowed. One
individual (Finst) raised concerns about some of the
requirements which were being deleted (e.g. boundary separation,
parking between structures and the streets, expansion of retail
use).
Due to the concerns dealing with retail use, the Board continued
its consideration of the amendment to its meeting of January
25th. At that meeting, the Board determined it most appropriate
NOT to make any changes to the existing language with respect to
retail uses. The Board did entertain an addition~ to the
"Purpose and Intent" statement as requested by the Historic
Preservation Board. The Board also considered concerns raised
by the City Manager regarding the change in required parking for
restaurant use; however, they continued support for a uniform
requirement throughout OSSHAD.
The Board then forwarded the proposed text, with additional
changes, with a recommendation of approval on a 5-0 vote (Felner
and Currie absent).
COMMUNITY REDEVELOPMENT AGENCY COMMENTS:
Subsequent to the Planning and Zoning Board meeting, the CRA
conducted another review of the proposed amendment. At this
time they provided the following:
* support for the expansion of the retail uses;
* opposition to the deletion of colleges, seminaries,
universities from allowable conditional uses.
The CRA has scheduled another session for review of this, and
other LDR amendments. That session will be held on Thursday,
February 4th. Their additional comments, if any, will be
provided at the Commission meeting.
RECOMMENDED ACTION:
This item has been scheduled for review at a public hearing at
this time because we provided a dual-notice for the public
hearings at both the Planning and Zoning Board and for the City
Commission.
Attachment:
* Ordinance by others
DJK/CCOSSHAD.DOC
ORDINANCE NO. 13-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.4.24, "OLD SCHOOL SQUARE
HISTORIC ARTS DISTRICT (OSSHAD)", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Delray Beach,
Florida, is desirous of encouraging the orderly, yet innovative,
development and redevelopment of the Old School Square Historic Arts
District; and,
WHEREAS, the City Commission of the City of Delray Beach
wishes to promote the preservation and adaptive reuse of all
structures within the District; and,
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meetings of January
11, 1993, and January 25, 1993, and has forwarded the change with a
recommendation of approval; and,
WHEREAS, pursuant to Florida Statute 163.3174(1) (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", Article
4.4, "Base Zoning District", Section 4.4.24, "Old School Square
Historic Arts District (OSSHAD)", of the Land Development Regulations
of the Code of Ordinances of the City of Delray Beach, Florida, be,
and the same is hereby amended to read as follows:
Section 4.4.24 Old School Square Historic Arts District (OSSHAD)
(A) Purpose and Intent: The Old School Square Historic
Arts District (OSSHAD) is a mixed use district which is intended to:
* Provide for mixed uses of residential, office, and
~ ~I~ 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
* 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
liveability 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.
(B) Principal Use and Structures: The following types of
use are allowed within the OSSHAD as a permitted use:
(1) Residential uses of single family detached
dwellings and duplexes.
!1.B.22, R~y Masters, Sherwood Park resident, spoke regarding
the upcoming referendum on March 9th dealing with improvements to
(S.W.) 10th Street, from Wallace Drive through to Congress Ave-
nue. He stated that he believes this is probably necessary to
relieve traffic congestion in that area; however, his main con-
cern is that when the traffic comes west on 10th Street to Con-
gress, the general assumption is that it will turn either left or
right on Congress Avenue. He believes this is an incorrect
assumption and feels that people will continue along 10th Street,
over Congress, and come down Lowson Boulevard, which is a family
neighborhood. His concern is that, if traffic is induced along
the 10th Street corridor, it will naturally follow through along
Lowson. Mr. Masters asked that the Commission consider some
alternatives or some method by which the City can avoid flooding
what is, fundamentally, a family neighborhood from what will
become a major thoroughfare to relieve traffic congestion on
Linton'Boulevard and Atlantic Avenue.
Mayor Lynch advised that staff is aware of this situa-
tion and it will be looked into. It is premature at this stage,
but will be taken into consideration.
11.B.23. Mr. Masters stated he is aware of the possibilitY of
losing the school site at Military Trail and Linton Boulevard and
strongly supports the Commission in their fight to keep the
school at that location.
12. Second Reading. (No public hearing).
12.A. Ordinanc~ No, 13-9~. Ordinance No. 13-93, amending the
Land Development Regulations by amending Section 4.4.24, "Old
School Square Historic Arts District (OSSHAD)", is before the
Commission for consideration on Second and FINAL Reading. (First
Reading and Public Hearing was held on February 9, 1993). Approv-
al is recommended.
The City Manager presented Ordinance No. 13-93:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 4, "ZONING REGULATIONS", SECTION
4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS
DISTRICT (OSSHAD)", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(Copy of Ordinance No. 13-93 is on file in the official
Ordinance Book)
Assistant City Attorney Ruby read the caption of the
ordinance.
-19- 2/23/93
ORDINANCE NO. 13-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.4.24, "OLD SCHOOL SQUARE
HISTORIC ARTS DISTRICT (OSSHAD)", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Delray Beach,
Florida, is desirous of encouraging the orderly, yet innovative,
development and redevelopment of the Old School Square Historic Arts
District; and,
WHEREAS, the City Commission of the City of Delray Beach
wishes to promote the preservation and adaptive reuse of all
structures within the District; and,
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meetings of January
11, 1993, and January 25, 1993, and has forwarded the change with a
recommendation of approval; and,
WHEREAS, pursuant to Florida Statute 163.3174(1) (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", Article
4.4, "Base Zoning District", Section 4.4.24, "Old School Square
Historic Arts District (OSSHAD)", of the Land Development Regulations
of the Code of Ordinances of the City of Delray Beach, Florida, be,
and the same is hereby amended to read as follows:
Section 4.4.24 Old School Square ~istoric Arts District (OSSHAD)
(A) Purpose and Intent: The Old School Square Histqric
Arts District (OSSHAD) is a mixed use district which is intended to:
* Provide for mixed uses of residential, office, and
~f~ ~~ 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
* 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
liveability 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.
(B) Principal use and Structures: The following types of
use 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 speciality shops (single
purpose businesses) such as: bath shops, book stores, gift shops,
florists, hobby shops, kitchen shops, boutiques, bicycle shops.
(~) 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 f~~
activities including training, vocational, or craft schools,
~~//~m~~///~~~ the arts~ ~ personal
development~ ~~~ and libraries, museums, and social and
philanthropic institutions.
(~) Restaurants ~~ of a sit down nature such as a
cafe, snack shop~, full service dining, but excluding any drive-in~
and/or drive-through~ facilities or features.
(~7) Providing of personal services such as
barbershops, beauty shops, salons, cosmetologists.
(9~) Bed and Breakfast Inns.
- 2 - Ord. No. 13-93
(t~9)Within the following described areas, the uses
allowed as permitted uses in Section 4.4.18(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, Block 69
(d) Lots 7- 8, Block 75
(e) Lots 1- 6, Block 76
(C) Accessory Use and Structures Permitted: The following
uses are allowed when a part of, or accessory to, the principal use:
(1) Uses and structures normally associated with
residences such as: bird aviaries, dog houses and dog runs, garages,
greenhouses, guest cottages, playhouses, pool houses and
covers/enclosures, pump houses, slat houses, storage sheds,
workshops, swimming pools, and home occupations.
(2) On a parcel that has as its principal use a
non-residential use, there may be one A single family residence,
either within a separate structure or within a structure housing a
non-residential use~ provided that one of the ~~/~//~~
b~/h~ situations exists:
(a) the residence is occupied by the owner,
proprietor, or employee of a business
enterprise conducted on the property,;or,
(b) the business is owned, or operated, bY the
owner of the parcel; or,
(c) the residence is occupied by the owner of
the parcel.
(3) Family Day Care.
(4) Parking lots and refuse storage areas.
(5) Outdoor dining areas which are accessory or
supDlemental to a restaurant or business use, provided the operation
of the outdoor dining area is limited to daylight hours.
- 3 - Ord. No. 13-93
(D) Conditional Uses and Structures Allowed: The
following uses are allowed as conditional uses within the OSSHAD:
(1) The existence of more than one residential use on
a parcel upon which there is mixed use (residential and
non-residential usage). More than one residential unit may be
located within a mixed use structure.
(2) On a parcel that has as its principal use a
non-residential use, residential use which occurs other than as
provided for in Subsection (C) (2).
(3) Outdoor dining which operates at night or which
is the principal use or purpose of the associated restaurant.
(Z~) Adult congregate living facilities, Alcohol and
Drug Abuse treatment facilities, Child Care, Adult Day Care,
Continuing Care, Convalescent Homes, and Nursing Homes.
(3~) Parking lots not associated with a use.
(E) Review and Approval Process:
(1) All principal uses and accessory uses thereto,
which do not require a permit for external modifications shall be
allowed upon application to, and approval by, the Chief Building
Official.
(2) Structures which require a building permit for
external work must receive approval from. the Historic Preservation
Board through the issuance of a Certificate of Appropriateness.
(3) For new development, approval must be granted
from the Historic Preservation Board pursuant to Sections 2.4.5(E),
(G) and (H).
(4) Conditional uses must be approved pursuant to
Section 2.4.5(F). Prior to action by the Planning and Zoning Board,
the use request must be reviewed by the Historic Preservation Board
with a recommendation forwarded by them.
- 4 - Ord. No. 13-93
(F) Development Standards: The development standards as
set forth, for the OSSHAD District, in Section 4.3.4 apply, except
for: ~//~/~~£~//~/~b~~//~~/~//~//b~
(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, Block 69
(d) Lots 7- 8, Block 75
(e) Lots 1- 6, Block 76
(2) Parcels located along N.E. 1st Avenue between
N.E. 2nd Street and N.E. 3rd Street (Banker's Row) shall comply with
either provisions of Section 4.3.4 or provisions of the Banker's Row
Development Plan, whichever is more permissive.
(G) Supplemental District Regulations: Supplemental
district regulations as set forth in Article 4.6, except as modified
herein, apply:
(1) Parcels located along N.E. 1st Avenue between
N.E. 2nd Street and N.E. 3rd Street (Banker's Row) shall comply with
either provisions of Article 4.6 of these Supplemental District
Regulations [Subsection (G)], or provisions of .the Banker.'s Row
Development Plan, whichever is more permissive.
(2) The perimeter landscaping requirements of Section
4.6.16(H) (3) (e) shall not apply.
(Z~) All parking, except for single family homes and
duplexes, shall be located in the side or rear yard or adjacent to a
rear alley. No such parking shall be located in the area between any
street and the closest building or structure. Where there are
existing buildings or structures, ~9~/the Historic Preservation
Board may waive this requirement during the site plan review process,
provided that it is determined that compliance is not feasible and
that the ~~I character of the area will be maintained. If
approved, such parking shall be substantially screened from
off-premises view by a hedge~ or decorative fencing. ~/I~//~
- 5 - Ord. No. 13-93
(~4) B~~llll~llllD~f~~Zllll~ff~ All
non-residential uses, with the exception of restaurants, shall
provide one parking space per 300 sq.ft, of total new floor area or
existing floor area being converted to non-residential use. This
requirement may be reduced to one parking space per 400 sq.ft, of
total floor area, or by at least one space, where there is a mix of
residential and 6ff~ non-residential use in the same structure.
(5) If it is impossible or inappropriate to provide
required parkinq on-site or off-site, pursuant to Section
4.6.9(E) (4), the in-lieu fee option provided in Section 4.6.9(E) (3)
may be collected. For the purpose of this provision,
"inappropriateness" may be considered in relationship to the historic
character of this zone district.
(H) Special District Regulations:
(1) Residential units within a structure containing
permitted nonresidential use(s) shall not use more than 50% of the
gross floor area of the structure within which they are located.
(2) Residential uses shall comprise no less than 10%
of the uses in the OSSHAD District as expressed by the exclusive use
of individual parcels, other than condominium .ownerships. The
existence of an occupational license, except for one issued for a
home occupation, shall establish that such a parcel is
non-residential.
Section 2. 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 3. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
- 6 - Ord. No. 13-93
PASSED AND ADOPTED in regular session on second and final
reading on this the 23rd day of February, 1993.
ATTEST:
C~ty ~l~k
First Reading February 9, 1993
Second Reading February 23, 1993
- 7 - Ord. No. 13-93
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE
ZONING CLASSIFICATION FOR A PARCEL OF LAND AS
MORE PARTICULARLY DESCRIBED HEREIN, FROM PC
(PLANNED COMMERCIAL) DISTRICT TO AC (AUTOMO-
TIVE COMMERCIAL) DISTRICT; SAID LAND BEING
LOCATED ON THE WEST SIDE OF FEDERAL HIGHWAY,
SOUTH OF LINTON BOULEVARD; AND CORRECTING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1990";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(Copy of Ordinance No. 7-93 is on file in the official
Ordinance Book)
Mr. Randolph left the Commission Chambers at this time.
The City Attorney read the caption of the ordinance. A
public hearing was held having been legally advertised in compli-
ance with the laws of the State of Florida and the Charter of the
City of Delray Beach, Florida. The public hearing was closed.
Dr. Alperin moved for the adoption of Ordinance No.
7-93 on Second and FINAL Reading, seconded by Mr. Mouw. Upon
roll call the Commission voted as follows: Mayor Lynch - Yes;
Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said
motion passed with a 4 to 0 vote.
10.D. Ord~nanc~ No. ~-93. Ordinance No. 13-93, amending the
Land Development Regulations by amending Section 4.4.24, "Old
School Square Historic Arts District (OSSHAD)" is before the
Commission for consideration on First Reading. I'f passed, Second
and FINAL Reading will be held February 23rd.
The City Manager presented Ordinance No. 13-93:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 4, "ZONING REGULATIONS" SECTION
4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS
DISTRICT (OSSHAD)", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
Mr. Randolph returned to the Commission Chambers at
this time.
-14- 2/9/93
Upon question as to the outcome of the CRA session, Mr.
Kovacs responded that the CRA had no problem with the recommenda-
tions of the Planning and Zoning Board.
Dr. Alperin commented that he did not understand why
colleges, seminaries and universities were eliminated; further,
he shares the same concerns as the City Manager in the reduction
of the number of parking spaces from twelve (12) to four (4), for
restaurant uses.
Dr. Alperin moved for the adoption of Ordinance No.
13-93 on First Reading, seconded by Mr. Mouw. Upon roll call the
Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes;
Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes.
Said motion passed with a 5 to 0 vote.
10.E. Ordinance No. 14-93. Ordinance No. 14-93, amending the
Land Development Regulations by amending Sub-section 4.6.9(E)(3),
"In-lieu Fee", to provide the in-lieu fee option to the Old
School Square Historic Arts District, is before the Commission
for consideration on Second and FINAL Reading. Prior to consid-
eration of passage of' this ordinance on Second and FINAL Reading,
a public hearing has been scheduled to be held at this time.
Planning and Zoning Board recommends approval.
The City Manager presented Ordinance No. 14-93:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 4, "ZONING REGULATIONS, SUBSECTION
4.6.9(E), "LOCATION OF PARKING SPACES", OF
THE LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SUB-SUBSECTION
4.6.9(E)(3), "IN-LIEU FEE", TO PROVIDE THE
IN-LIEU FEE OPTION TO THE OLD SCHOOL SQUARE
HISTORIC ARTS DISTRICT (OSSHAD); PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(Copy of Ordinance No. 14-93 is on file in the official
Ordinance Book)
The City Attorney read the caption of the ordinance. A
public hearing was held having been legally advertised in compli-
ance with the laws of the State of Florida and the Charter of the
City of Delray Beach, Florida. The public hearing was closed.
Upon question by Mr. Ellingsworth, Mayor Lynch stated
that past experience shows that this "In-Lieu" money has never
been used. He suggested that it be a reasonable and meaningful
fee. Mr. Kovacs recommended that the fee amount not be addressed
by this ordinance, but to wait for the recommendation of the
Parking Management Team.
-15- 2/9/93
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # /O~ - MEETING OF FEBRUARY 9, 1993
ORDINANCE NO. 13-93
DATE: February 5, 1993
Action on this ordinance was deferred at the January 26th regular
meeting. As this ordinance was advertised, a public hearing will be
held on first reading.
This is first reading of an ordinance which amends the Land
Development Regulations by proposed changes to the entirety of the Old
School Square Historic Arts District (OSSHAD). Direction to
reevaluate the OSSHAD district originally came from a workshop session
involving the City Commission, the Historic Preservation Board and
others. A special task force was subsequently created, with the
proposed ordinance being the culmination of these various efforts.
The Planning and Zoning Board formally reviewed this item at their
January llth meeting, at which time certain concerns were raised as to
the degree that retail use would be allowed within OSSHAD. At a
subsequent meeting on January 25th, the Board recommended approval of
the proposed ordinance, subject to certain text changes. A detailed
staff report is attached as backup material for this item.
I had previously made the Commission aware of my concerns with regard
to the drastic reduction in parking required for restaurants from 12
spaces per 1,000 square feet to four (4) spaces to 1,000 square feet.
The Planning and Zoning Board, in their review, continued their
support for a uniform requirement throughout OSSHAD.
Recommend consideration of Ordinance No. 13-93 on first reading.
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: /~~ITY COMMISSION
DEPARTMENT OF PLANNING AND ZONING
DATE: JANUARY 26, 1993
SUBJECT: OSSHAD TEXT AMENDMENTS~ lST READING CONSIDERATION
The Planning and Zoning Board completed its review of this item at
its meeting of January 25, 1993. It has been forwarded with a
recommendation of approval subject to the following modifications:
~1. REVISION of the first paragraph of the Purpose~ Statement to
read (per HPB request):
* Provide for mixed uses of residential, office, and ~Z~
~I~Z~ 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
2. NOT TO CHANGE Sub-Section (B)(3) allowable use of retail
sales.
(The Board felt that since there was not any known problem
with the language as it presently exists, there was not a
demonstrable need to change it. There had been some
controversy as to going to general retail but still
prohibiting certain uses. The P&Z Board staff report provides
a complete discussion of this subject.)
j3. REINSTATEMENT of the provisions of existing Sub-Section
(B)(10), but renumbered as (B)(9).
[This is necessary due to the action in not changing (B)(3)].
All other proposed changes were recommended for approval. The
Board did discuss the concerns raised by the City Manager about
the change in required parking for restaurant use; however, they
continued its support for the uniform requirement throughout
OSSHAD.
City Commission
OSSHAD Text Amendments 1st Reading Consideration
Page 2
RECOMMENDED ACTION:
Hold first reading and direct that changes be made, pursuant to
the Planning and Zoning Board recommendation, prior to second
reading.
T: \OSSHADPZ
(2) Business, Professional, and Governmental Offices.
(3) Retail sales through speciality shops (single
purpose businesses) such as: bath shops, book stores, gift shops,
florists, hobby shops, kitchen shops, boutiques, bicycle shops.
~Y ~l~~ll~fl~~ll~m~lf~ll~
(~) 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,
~I~//~~///~9~~ th___~e arts£ ~ personal
development~ ~~ and libraries, museums, and social and
philanthropic institutions.
(7~) Restaurants ~ of a sit down nature such as a
cafe, snack shop~, full service dining, but excluding any drive-in~
and/or drive-throughlY facilities or features.
(~7) Providing of personal services such as
barbershops, beauty shops, salons, cosmetologists.
(9~) Bed and Breakfast Inns.
(I~)Within the following described areas, the uses
allowed as permitted uses in Section 4.4.18(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, Block 69
(d) Lots 7- 8, Block 75
(e) Lots 1- 6, Block 76
(C) Accessory Use and Structures Permitted: The following
uses are allowed when a part of, or accessory to, the principal use:
(1) Uses and structures normally associated with
residences such as: bird aviaries, dog houses and dog runs, garages,
greenhouses, guest cottages, playhouses, pool houses and
covers/enclosures, pump houses, slat houses, storage sheds,
workshops, swimming pools, and home occupations.
(2) On a parcel that has as its principal use a
non-residential use, there ma~ be one A single family residence,
either within a separate structure or within a structure housing a
non-residential use, provided that one of the ~~/~//~~
b~/~ situations e~ists:
(a) the residence is occupied by the owner,
proprietor, or employee of a business
enterprise conducted on the property,;or,
(b) the business is owned~ or operated, by the
owner of the parcel; or~
- 2 - Ord. No. 13-93
(c) the residence is occupied by the owner of
the parcel.
(3) Family Day Care.
(4) Parking lots and refuse storage areas.
(5) Outdoor dining areas which are accessory or
supplemental to a restaurant or business use~ provided the operation
of the outdoor dining area is limited to daylight hours.
(D) Conditional Uses and Structures Allowed: The
following uses are allowed as conditional uses within the OSSHAD:
(1) The existence of more than one residential use on
a parcel upon which there is mixed use (residential and
non-residential usage). More than one residential unit may be
located within a mixed use structure.
(2) On a parcel that has as its principal use a
non-residential use, residential use which occurs other than as
provided for in Subsection (C) (2).
(3) Outdoor dining which operates at night or which
is the principal use or purpose of the associated restaurant.
(34) Adult congregate living facilities, Alcohol and
Drug Abuse treatment facilities, Child Care, Adult Day Care,
Continuing Care, Convalescent Homes, and Nursing Homes.
(~) Parking lots not associated with a use.
(E) Review and Approval Process:
(1) All principal uses and accessory uses thereto,
which do not require a permit for external modifications shall be
allowed upon application to, and approval by, the Chief Building
Official.
(2) Structures which require a building permit for
external work must receive approval from the Historic Preservation
Board through the issuance of a Certificate of Appropriateness.
(3) For new development, approval must be granted
from the Historic Preservation Board pursuant to Sections 2.4.5(E),
(G) and (H).
(4) Conditional uses must be approved pursuant to
Section 2.4.5(F). Prior to action by the Planning and Zoning Board,
the use request must be reviewed by the Historic Preservation Board
with a recommendation forwarded by them.
(F) Development Standards: The development standards as
set forth, for the OSSHAD District, in Section 4.3.4 apply, except
for: ~//~/~f~//~/~b~//~/W~//~//b~
(1) The following locations shall be subject to the
standards of the CBD Zone District:
- 3 - Ord. No. 13-93
(~ Lots 13-16, Block 60
(b) Lots 1- 4, Block 61
(c) Lots 1- 7, Block 69
(d) Lots 7- 8, Block 75
(e) Lots 1- 6, Block 76
(2) Parcels located along N.E. let Avenue between
N.E. 2nd Street and N.E. 3rd Street (Banker's Row) shall comply with
either provisions of Section 4.3.4 or provisions of the Banker's Row
Development Plan, whichever is more permissive.
(G) Supplemental District Regulations: Supplemental
district regulations as set forth in Article 4.6, except as modified
herein, apply:
(1) Parcels located along N.E. let Avenue between
N.E. 2nd Street and N.E. 3rd Street (Banker's Row) shall comply with
either provisions of Article 4.6 of these Supplemental District
Regulations [Subsection (G)]~ or provisions of the Banker's Row
Development Plan, whichever is more permissive.
(2) The perimeter landscaping requirements of Section
4.6.16(H)(3) (e; shall not apply.
(~) All parking, except for single family homes and
duplexes, shall be located in the side or rear yard or adjacent to a
rear alley. No such parking shall be located in the area between any
street and the closest building or structure. Where there are
existing buildings or structures, ~W~9~/the Historic Preservation
Board may waive this requirement during the site plan review process,
provided that it is determined that compliance is not feasible and
that the ~~I character of the area will be maintained. If
approved, such parking shall be substantially screened from
off-premises view by a hedge~ or decorative fencing. ~/I~//f~
(I4) B~////~////~f~I////~ff~ All
~o~non-residential u~es shall provide one parking space per 300 sq.ft.
~V~lo--~area or existing floor area being converted to
non-resid~-~ial use. This requirement may be reduced to one parking
~- of total floor area, or by at least one space,
w~ere there is a mix of residential and ~fft~ non-residential use in
~~heq(~%;/ same structure. ~ '
(5) If it is impossible or inappropriate to provide
required parki~ o~-site or off-site~ pursuant to Section
4.6.9(E) (4), the in-lieu fee option provided in Section 4.6.9(E) (3)
may be collected. For the purpose of this provision,
"~nappropriateness" may be considered in relationship to the historic
character of this zone district.
(H) Special District Regulations:
(1) Residential units within a structure containing
permitted nonresidential use(s) shall not use more than 50% of the
~ross floor area of the structure within which they are located.
(2) Residential uses shall comprise no less than 10%
of the uses in the OSSHAD District as expressed by the exclusive use
of individual parcels, other than condominium ownerships. The
existence of an occupational license, except for one issued for a
home occupation, shall establish that such a parcel is
non-residential.
- 4 - Ord. No. 13-93
Section 2. 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 3. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 5 - Ord. No. 13-93
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: JANUARY 25, 1993
AGENDA ITEM: III.A. through III.C., Old Business
ITEM BEFORE THE BOARD:
These three items were reviewed at your January llth
meeting. A public hearing was held on each, but action was
deferred to this meeting. Each item needs to be acted upon
with a recommended action forwarded to the City Commission.
BACKGROUND & ANALYSIS:
ITEM "A", Boat Parking in Front Yards: Testimony was taken from
an affected property owner in support of adding a waiver
provision. The Neighborhoods Task Team representative spoke in
opposition as did Alice Finst who also provided a history of
regulations pertaining to storage of boats in residential areas.
The Board was split with some members believing that "boating"
was a part of the South Florida lifestyle and that we needed to
be more sensitive to individuals who wish to partake in that
aspect of our lifestyle. Other members felt that the keeping of
a boat was a choice as opposed to a necessity and that the
larger issue of neighborhood stabilization dictated that the
current restriction not be compromised. A copy of the previous
documentation is attached for your convenience.
ITEM "B", OSSHAD Amendments: The only item of continuing
concern at the hearing dealt with "retail use". Some testimony
suggested that by referral to the CBD regulations (hence GC
regulations), too much was being allowed. Some testimony was to
the effect that going beyond what exists compromises the intent
of the District. The CRA supported the expansion of the retail
use as drafted and opposed limitations on the referenced list.
HPB excluded "automotive parts", "lawn care equipment",
"appliances", and changed "electrical fixtures and supplies" to
"lighting fixtures and supplies".
At the hearing, a suggestion was put forward that a listing of
uses be provided. Another suggestion was that a reference be
made, but then we also list retail items which are not to be
sold within the district.
The Director's comments on the above are as follows:
P&Z Staff R~ ~rt
III.A. through III.C., Old Business
Page 2
As is situation: The "as is" situation would be guided by the
definition of single purpose speciality retail (copy attached).
The application of this deffnition would allow a store to sell
more than one product provided that there was a close
relationship among the products e.g. "Shinning Through" would be
allowed even though they sell several products because each of
the products relate to its speciality of "new age" products.
However, the selling of general apparel would not mix with a
general book store.
Expansion to General Retail: As written, our code allows use
through categories as opposed to a specific listing. The list
which is provided is descriptive as opposed to prescriptive.
Once the decision is made to allow, for example, general apparel
and general book sales in the same store we are detailing with
general retailing.
Making a specific listinq: This was the practice prior to the
LDRs. It was not well accepted, it lead to problems in
administration, and problems in the delays which occurred as
formal determination was made to add another use. The situation
got to the point that an ordinance was required for each
addition. I would not like to go back to that potential.
Makinq a list of "excluded" items: Previously, the City
Attorney ruled that a listing of "excluded" items was not
appropriate. Hence, the extensive list of "permitted" items.
Hence, the potential for the above. Also, once an item is
listed as "excluded", it can only be accommodated by an
ordinance amendment (P&Z review, public hearing at the City
Commission). For example, under the HPB exclusions - if one
wanted to sell old fashioned ceiling lights, it would be
prohibited and it would require a code amendment to accommodate
it.
Director's recommendation regarding retail use in OSSHAD: While
the excluded item approach can be accommodated, I recommend that
either the existing language remain (single purpose speciality
shops) or the proposed language be recommended. [Note: There is
one modification and that is the addition of the subsection
reference as (B)(1).]
Other OSSHAD items: In addition to the retail use issues, two
other items have been raised since the last meeting. These
pertain to restaurant parking and the purposed statement.
Restaurant Parking: A concern has been aired that the change
from 12 spaces per 1,000 to about 3 per 1,000 is significant and
should be given due consideration. The Director's
recommendation remains based upon. (1) uniformity, (2) the
situation where the same parking rule applies in the CBD
P&Z Staff Report
III.Al through III.C., Old Business
Page 3
district, and (3) we are looking to building conversions as
opposed to new development and most such restaurant use would
presumably be by foot traffic during the day and in the evening
hours, the "vest pocket" and public parking areas in the
vicinity would be used.
Proposed Statement: HPB requested that reference to "arts
related" be kept in the purposed statement. The Directors
suggestion to accommodate this request is to reword as follows:
* Provide for mixed uses of residential, office, and ~E~
~E~ commercial activitiesz with an emphasis on the
arts~ that .....
ITEM "C" - Auto Repair Use in the AC Zoning District: There
were split opinions from the Board on this issue. The item was
deferred so that a broader representation from the Board could
consider the matter.
RECOMMENDED ACTION:
Reconsider each of the above items. Public comment can be
limited (or excluded) since the hearings were conducted on
January llth.
Attachments:
* Original Janua~/_~l.,thstaff reports to Boardmembers only
Report prepared by:~-~T~,..~J- ~--'~ ~~
DJK/PZOLDBUS.DOC
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: JANUARY 11, 1993
AGENDA ITEM: II.C.5. Consideration of Amendments to the Old
School Square Historic Arts District
(OSSHAD)
ITEM BEFORE THE BOARD:
The item before the Planning and Zoning Board is the
consideration of several proposed amendments to the Old
School Square Historic Arts District, and the making of a
recommendation(s) to the City Commission.
BACKGROUND:
The proposed amendments to the OSSHAD have evolved from a long
history. Please refer to the attached write-up on the history
of this subject for a chronology and details.
The changes being proposed at this time pertain specifically to
OSSHAD. They are primarily driven by direction from a July,
1992, meeting among members of the Planning and Zoning Board,
the Historic Preservation Board, the Old School Square
Homeowners Association, and a special review committee.
ANALYSIS:
The items addressed in this staff report are organized as
follows:
1. Purpose Statement
2. Retail Use
3. Accommodating Mixed Use
4. Outdoor Dining
5. Accommodating the Bankers Row Master Plan
6. Applicability of Perimeter Landscaping Requirements
7. Parking Regulations and Addition of the In-Lieu Fee
Option
8. Retention of Residential Usage.
Other changes shown on the attached mark-up of Section 4.4.24
are self-explanatory.
Another related item, that of an expanded basis upon which to
grant a waiver of development regulations, is addressed in a
separate, but accompanying, staff report.
P&Z Staff Report
OSSHAD Text Amendment Review
Page 2
Several other items which were discussed in the review and
preparation of these recommendations apply to all historic
districts and not, just specifically to OSSHAD. Those items
include: fencing height and materials, fence locations, fence
and hedge combinations. This consideration was deferred to
inclusion as an amendment to the Historic District Overlay
regulations.
1. Purpose Statement~
Changes are shown which provide more emphasis upon general
commercial (retail) usage, as opposed to an "arts and crafts"
emphasis. This emphasis is furthered by language which places
adaptive reuse on a footing with preservation.
2. Retail Use~
The restrictions upon specialty shops and single purpose retail
shops is deleted from Subsection (B)(2) and the sale of general
retailing merchandise is accommodate. This change is consistent
with the direction from the July 27, joint meeting. Since, the
allowables are expanded to accommodate those in the CBD, the
special provision [formerly (10)] for properties along Atlantic
Avenue is deleted - it is no longer needed.
The intent of this amendment is to increase redevelopment
interest by removing the single purpose business stipulation and
thereby expanding commercial/retail business opportunities. The
rationale for this change is the feeling that the single purpose
stipulation is restrictive and may act as a deterrent to
locating viable businesses within the District.
The removal of the single purpose stipulation represents a
change of the intent of the Historic Preservation Board when
OSSHAD was initially considered and created. Specialty shops
were represented, at that time, as projecting the image the
Board wished to establish in the District.
3. Accommodatinq Mixed Use~
Just how to accommodate mixed use (residential and
non-residential) has been one of the most controversial and
complex matters discussed throughout OSSHAD's history. While
mixed use within a structure and on a single parcel is
acceptable, the consensus is that there should be some limits or
controls. In the situation where there is a reasonable
relationship among tenants and other interests on the site, it
is felt that reasonable control (concern) will occur naturally.
Where there may be multiple residential situations on a mixed
use parcel, there is a feeling that a greater degree of control
is appropriate.
P&Z Staff Report
OSSHAD Text Amendment Review
Page 3
The above situations have been accommodated by allowing the
former as an "accessory use" with a better description provided.
This description is expanded to have more allowable situations
that currently exist. The latter situation is accommodated
through the conditional use process. Subsections (C)(2), and
(D)(1)&(2) reflect these changes.
4. Outdoor Dining~
The Historic Preservation Board's intent in creating OSSHAD
was that outdoor cafes, or outdoor dining areas were Just a
normal part of cafes. However, restaurants beyond the scale of
"cafes" appear to be viable uses within OSSHAD. Thus, there is a
need to clarify "outdoor dining" as allowed in the OSSHAD.
Discussion among the HPB, staff, and the P&Z Board identified
potential negative effects from allowing a restaurant in a mixed
use district. As a result, the direction which emanated from
the July 27, Joint meeting was that outdoor dining areas which
are supplemental to a primary restaurant use and limit hours of
operation to daylight hours should be allowed as an accessory
use. Outdoor dining areas which operate at night or are clearly
the principal use or purpose of the restaurant should be a
conditional use.
These changes are accommodated in Subsections (C)(5) and
(D)(3).
5. Accommodating the Banker's Row Master Plan~
These changes incorporate the Banker's Row Master Plan into
OSSHAD and allow its provisions to be used in-lieu of standard
district regulations and supplemental district regulations. In
other words, site specific development can occur pursuant to the
Bankers Row Development Plan. If the Plan is unclear, or the
normal regulations are more lenient, then the normal regulations
shall be used.
Subsections (F)(2) and (G)(1) apply.
6. Applicability of Perimeter Landscaping Requirements~
The perimeter landscaping requirement, Section 4.6.16(H)(3)(e),
is not appropriate within OSSHAD, nor may it be appropriate in
other mixed use situations. This provision provides as follows:
(e) Where any commercial or industrial areas abut a
residential zoning district or properties in
residential use, in addition to requirements
established for district boundary line separators in
the zoning code, one (1) tree shall be planted for
every twenty-five (25) feet to form a solid tree line.
P&Z Staff Report
OSSHAD Text Amendment Review
Page 4
This requirement for trees usually cannot be met due to the
small size of parcels within OSSHAD and the existing vegetation
and general encroachment of existing structures into yard areas.
Even though it is recommended that the above requirement not
apply, when appropriate, the HPB can impose appropriate
buffering as a condition of site plan approval.
In a related regulation, the special district boundary treatment
requirements of Section 4.6.4 do not apply since they address
separation requirements between adjacent zoning districts and
not between uses.
7. Parking Regulations:
The parking regulations within OSSHAD gave special
accommodations for business and professional uses, but not for
retail, restaurant, and other commercial uses. When the special
Parking Task Force addressed this area, they suggested that a
uniform parking requirement be imposed. Thus, since we are
amending the OSSHAD, it is appropriate to make the amendment at
this time. The proposed change simply expands to the existing
standard for offices to all non-residential uses, including
restaurants, instructional facilities, etc.
Also, the option of using the in-lieu fee when on-site parking
cannot be provided or would be inappropriate, is provided. In
addition, a special criteria - that of an adverse impact upon
the historic character - is an allowable basis for allowing the
in-lieu fee to be used, even though spaces can be accommodated
on-site.
B. Retention of Residential Use=
The intent of the proposed mixed use limitation amendment is to
assure that, over time, land uses within the OSSHAD will remain
diverse, rather than become dominated by one single use or group
of uses. In this case, it is desired that the commercialization
of the area not totally remove its residential aspects. This is
desirable from both a land use and a historic preservation
perspective. The impetus for this requirement came from the
State's review of the City's Comprehensive Plan Amendment 91-1.
The State advised that mixed use zoning districts must contain a
limitation on the percentage or amount of uses allowed.
OSSHAD is presently comprised of 197 ownerships, 157 (80.7%) of
which are residential. Given the high percentage of residential
use in the District today, it is unlikely that mix of
residential use to nonresidential use in the District will be
dramatically reduced in the foreseeable future. However, the
concern/issue expressed by the State is valid, and staff
recommends an amendment to the LDR's to accommodate this
concern.
P&Z Staff Report
OSSHAD Text Amendment Review
Page 5
The direction from the July 27 Joint meeting was that the
residential component of the OSSHAD not be less than 10% as
expressed by the principal use of the parcels in the District.
Parcels are to be defined by ownership, and nonresidential usage
is to be determined by the issuance of an occupational license
for a property/parcel. Home occupational licenses shall not be
considered as a commercial use of a property.
RECOMMENDED ACTION:
It is not necessary to forward this proposal at your January
llth meeting. Given the complexity of the matter, further
review may be appropriate. However, it appears that a
reasonable approach has been devised for each of the issues
which have been raised during the review process.
Attachments:
* A mark-up of Secti~4.4.24 showing additions and deletions
* A History of OSS~ ~
Report prepared by: ~
REPORT.DOC
DJK/T:RST.DOC
33444 · 407/~43,7000
December 31, 1992
Dear OSSHAD Property Owners and Neighbors to the OSSHAD District:
The enclosed notice is to advise you that changes are being proposed
to the Old School Square Historic Arts District (OSSHAD) zoning
district. These proposed changes will be heard by the Planning and
Zoning Board, at a public hearing, commencing at 7:00 p.m. on
Monday, January 11, 1993. The hearing will be held in the City
Commission Chambers. This topic is one of many which will be heard
that evening.
The proposed changes have resulted from several meetings of the
Historic Districts Zoning Review (HDZR) Committee, (established by
the City's Planning Department in October, 1991), City staff , and a
Joint meeting between the HDZR Committee, the Planning and Zoning
Board, and the Historic Preservation Board in July, 1992. As you
can see, the content of the current OSSHAD have been discussed for
quite some time. There is a general thought that this special
zoning district has not provided the impetus for innovative reuse
and redevelopment which is desired; thus, one reason for the
proposed changes.
To assist you in understanding the proposed changes and how they may
affect your property, we have compiled the following brief
explanation regarding the most significant of them. A full copy of
the proposed OSSHAD text with changes highlighted should be
available in the Planning Department Office on Tuesday, January 5,
1993.
1. Expansion of allowed retail uses: As currently written, retail
use is limited to "specialty shop" which engage in single
purpose sales such as bath shops, book stores, florists,
boutiques, etc. The proposed allows the sale of several retail
items in a single location and broadens the scope of items
which may be sold.
2. Restaurants and outdoor dininq: The initial concept in OSSHAD
was for cafes, gourmet shops, and small restaurants. This
concept is being expanded to accommodate all types of food
service (excluding drive-in and drive-through), including
outdoor dining.
To: OSSHAD Property Owners & Neighbors
Re: Proposed Changes to the OSSHAD Zoning District
Page 2
3. Mixed residential and commercial use on the same parcel:
OSSHAD currently allows a single family residential use of a
property as accessory to a nonresidential (business,
commercial) use of the same property; but only when occupied by
the property owner, the proprietor, or an employee of the
nonresidential use. The proposed change allows that, in
addition, any person may occupy the dwelling if the
nonresidential use is owned or operated by the property owner.
Also, any such mix of use will - in the future - be
accommodated only through the conditional use process (public
hearing and City Commission action).
4. The Banker's Row Master Plan: This Plan is adopted, by
reference, thus allowing development which might otherwise be
in conflict with the OSSHAD regulations to occur.
5. Boundary Landscapinq: Current requirements for one tree to be
planted every twenty-five feet (25') between mixed use or
commercial site and residential uses is to be deleted.
6. On-Site Parking: Provision will be made to allow an in-lieu
fee to be paid when providing on-site parking is not practical
or possible.
In addition to the proposed changes to the OSSHAD, the Board will
consider another text amendment which will provided the Historic
Preservation Board with an additional criteria upon which to base
the granting of a variance to development regulations. The proposed
additional criteria is "When variances are essential for the
adaptive reuse of a structure."
Questions about these proposed changes or how you can participate in
the hearing should be directed to me at (407) 243-7044.
/~/~incerely, ,~
Jasmtn Allen, Planner I
/Department of Planning and Zoning
Enclosure
* Notice
* Location Map
T:\OSSHAD\NCVLTR.DOC
Section 4.4.24 Old School Square Historic Arts District
(OSSHAD)
(A) Purpose and Intent: The Old School Square Historic
Arts District (OSSHAD) is a mixed use district which is intended
to:
* Provide for mixed uses of residential, office, and
~ ~Z~Z~ commercial activities that will
encourage the restoration or preservation of
historic structures andw yet, maintain and enhance
the historic and pedestrian scale of the ~Z~ S~M~
* 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
liveability 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.
(B) Principal Use and Structures: The following types of
use 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 Z~~ ~~ ~ ~Z~
~~ ~¢~I~ ~ of general merchandise as
allowed in the Central Business Zone (CBD) District [see
Section 4.4.18(B)].
(~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.
(~) Educational and/or Instructional f~E~
activities including training, vocational, or craft
schools, ~~1 ~~1 ~9~~ the arts~
~M~ personal development, ~M~Z~E~Z~M~ and libraries,
museums, and social and philanthropic institutions.
(Y~) Restaurants 6~.of a sit down nature such as a
cafe, snack shop~, full service dining, but excluding
any drive-in~ and/or drive-through~ facilities or
features.
(~!) Providing of personal services such as
barbershops, beauty shops, salons, ~cosmetologists.
(9~) Bed and Breakfast Inns
(C) Accessory Use and Structures Permitted: The following
uses are allowed when a part of, or accessory to, the principal
use:
(1) Uses and structures normally associated with
residences such as: bird aviaries, dog houses and dog
runs, garages, greenhouses, guest cottages, playhouses,
pool houses and covers/enclosures, pump houses, slat
houses, storage sheds, workshops, swimming pools, and
home occupations.
(2) On a parcel that has as it's principal use a
non-residential use, there may be one ~ single family
residence, either within a separate structure or within
a structure housing a non-residential use~ provided that
one of the ~~ ~ ~~ ~ ~ situations
exists:
(a) the residence is occupied by the owner,
proprietor, or employee of a business
enterprise conducted on the property]l or,
(b) the business is owned, or operated, by the
owner of the parcel; or,
(c) the residence is occupied by the owner of the
parcel.
(3) Family Day Care
(4) Parking lots and refuse storage areas.
(5) Outdoor dining areas which are accessory or
supplemental to a restaurant or business used
provided the operation of the outdoor dining area
is limited to daylight hours.
(D) Conditional Uses and Structures Allowed: The following
uses are allowed as conditional uses within the OSSHAD:
(1) The existence of more than one residential use on a
parcel upon which there is mixed use (residential and
non-residential usage). More than one residential unit
may be located within a mixed use structure.
(2) On a parcel that has as it's principal use a
non-residential use, residential use which occurs other
than as provided for in Sub-Section (C)(2).
(3) Outdoor dining which operates at night or which is
the principal use or purpose of the associated
restaurant.
(Z~) Adult congregate living facilities, Alcohol and
Drug Abuse treatment facilities, Child Care, Adult Day
Care, Continuing Care, Convalescent Homes, and Nursing
Homes.
(~) Parking lots not associated with a use.
(E) Review and Approval Process:
(1) All principal uses and accessory uses thereto,
which do not require a permit for external modifications
shall be allowed upon application to, and approval by,
the Chief Building Official.
(2) Structures which require a building permit for
external work must receive approval from the Historic
Preservation Board through the issuance of a Certificate
of Appropriateness.
(3) For new development, approval must be granted from
the Historic Preservation Board pursuant to Sections
2.4.5 (E), (G), and (H).
(4) Conditional uses must be approved pursuant to
Section 2.4.5(F). Prior to action by the Planning and
Zoning Board, the use request must be reviewed by the
Historic Preservation Board with a recommendation
forwarded by them.
(F) Development Standards: The development standards as set
forth, for the OSSHAD Districtt in Section 4.3.4 apply, except
for:
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, Block 69
(d) Lots 7- 8, Block 75
(e) Lots 1- 6, Block 76
(2) Parcels located along NE 1st Avenue between NE 2nd
Street and NE 3rd Street (Banker's Row) shall comply
with either provisions of Section 4.3.4 or provisions of
the Banker's Row Development Plan~ whichever is more
permissive.
(G) Supplemental District Regulations: Supplemental
district regulations as set forth in Article 4.6, except as
modified herein, apply:
(1) Parcels located along NE 1st Avenue between NE 2nd
Street and NE 3rd Street (Banker's Row) shall comply
with either provisions of Article 4.6t of these
SuDDlemental District Regulations [Subsection (G)]t or
provisions of the Banker's Row Development Plant
whichever is more permissive.
(2) The perimeter landscaping requirements of Section
4.6.16(H)(3)(e), shall not apDl¥..
(Z~) Ail parking, except for single family homes and
duplexes, shall be located in the side or rear yard or
adjacent to a rear alley. No such parking shall be
located in the area between any street and the closest
building or structure. Where there are existing
buildings or structures, ~W~ the Historic
Preservation Board may waive this requirement during the
site plan review process, provided that it is determined
that compliance is not feasible and that the ~~Z~
character of the area will be maintained. If approved,
such parking shall be substantially screened from
off-premises view by a hedge~ or decorative fencing. ~Z
4
non-residential uses shall provide one parklng space per
300 sq.ft, of total new floor area or existlnq floor
area beinq converted to non-residential use. This
requirement may be reduced to one parking space per 400
sq.ft, of total floor area, or by at least one space,
where there is a mix of residential and
non-residential use in the same structure.
(5) If it is impossible or inappropriate to provide
required parkinq on-site or off-site, pursuant to
Section 4.6.9(E)(4), the in-lieu fee option provided in
Section 4.6.9(E)(3) may be collected. For the purpose
of this provision, "inappropriateness" may be considered
in relationship to the historic character of this zone
district.
(H) Specia2 District Re~ulationm:
(1) Residential unlts wlthin a structure containing
permitted nonresidential use(s) shall not use more than
50% of the Oross floor area of the structure wlthln
which they are located.
(2) Residential uses shall comprise no less than 10% of
the uses in the OSSHAD District as expressed by the
exclusive use of individual parcels, other than
condominium ownerships. The existence of an occupational
license, except for one issued for a home occupation,
shall establish that such a parcel is non-residential.
IN ADDITION TO CHANGES TO 4.4.24, AN AMENDMENT IS ALSO NECESSARY
TO THE TEXT OF THE FOLLOWIN~ SUPPLEMENTAL DISTRICT RE~ULATIONS:
Section 4.6.9 Off-Street Parkinq Regulations
Section 4.6.9(E) Location of Parkinq Spaces
(3) In-lieu Fee: If it is impossible ~ or inappropriate,
~ ~Z6~~ ~ Z~ ~Z~ ~%~~ to provide the required
number of on-site parking spaces, Z~ ~~6~ ~
f~ and upon approval thereof by the City Commission, the
payment of a fee in-lieu of providing such required parking,
or any part thereof is allowed. This provision shall be
applicable only in the CBD and OSSHAD Zone Districts,
pursuant to the Supplemental District Requlations Provisions
therein. Ail proceeds from such a fee shall be used for
parking purposes. The fee is hereby established at $2,500
per space. Such payment must be made prior to issuance of a
buildinq permit.
A HISTORY OF THE OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT
O. S. S. H. A. D.
The R.O. Approach: In 1985, the City received petitions
affecting approximately twenty properties along N.W. 1st Avenue
requesting rezoning from RM-6 to POI (Professional Office
Institutional). This initiated the first attempt at encouraging
redevelopment of a portion of what is now know as the Old School
Square Historic District.
In response to those petitions, a new zoning district,
Residential Office (RO) was created. It was adopted in January,
1986. In May of 1986, a portion of what is now OSSHAD was rezoned
to RO. Prior to this rezoning, the applicable zonings were R-lA
(Single Family Residential) and RM-6 (Multiple Family Dwelling
District). The RO District was essentially the RM-6 District
with the deletion of multiple family housing; but with the
addition of business and professional offices.
In the ensuing years, these efforts did not yield the desired
results. The land use in the area remained unchanged. If
anything, the area was in a state of decline as residential
properties turned into rentals and evidence of overcrowding began
to show. In February, 1988, a request to add the use of
"contractor's office" as a permitted use in the RO District
failed amidst objections from surrounding neighbors. Objections
focussed on the inappropriate nature of the use in the area, its
conflict with the intent and goals of the RO zoning district, and
that it did not represent the type of redevelopment effort which
was desired.
The Historic District Approach: In 1988, special "overlay
districts" were created for the purpose of preserving the
historic fabric of certain areas within Delray Beach. These
overlay districts did not affect allowable use of the area, but
only regulated aesthetics, neighborhood character, and provided
some safeguards against actions which would be detrimental to the
objective of appropriate historic preservation. The Old School
Square Historic (Overlay) District was established on February 9,
1988. It was placed on 50 acres of land with 209 properties,
86 of which were identified as being historically contributing
properties. Six base zoning districts governed the allowable
land use within this overlay district. These zoning districts
included the RO, POC, GC, RM-6, RM-10 and CBD.
Evolution of OSSHAD: In May, 1989, the Historic Preservation
Board (HPB) began consideration of a single zoning district to
replace the existing six zoning districts within the Old School
Square Historic Overlay Area. The Board desired to increase the
marketability and focus of the Historic District through a
unified zoning district which would allow additional cultural
arts and related uses. The types of changes envisioned at that
time were additional permitted uses such as: Yoga, Health Spa,
and Fitness Center uses; change some conditional uses to
permitted uses; shortening review and approval processing time.
1
In August, 1989, the initial drafts of the proposed zoning
district was distributed for review. The use of "bed and
breakfast" was added and some minor changes were suggested during
the review. A general consensus was seemed to have been reached,
and the proposal was put in a proper format.
In March, 1990, the Historic Preservation Board considered
recommendations that multiple family residences and duplexes
should no longer be allowed as permitted or conditional uses in
the proposed zoning district. During the ensuing review period
several comments and challenges were made to the proposal, most
seeking more lenient provisions. From June through August, the
proposal was aired and modified during the public review process.
In September, 1990, OSSHAD was created concurrently with a major
rewriting of the City's Land Development Regulations (LDRs).
Individuals interested in reviewing the items of concern are
invited to read a special report which addresses each of the
aired concerns.
Try Aqain: Early in April, 1991, dissatisfaction with two
development proposals led to special work sessions among the City
Commission, the Historic Preservation Board, and others. As a
result of those meetings, direction was given to revisit the
regulations contained within the OSSHAD regulations.
In October, 1991, a special committee was put together by the
Planning Department to work on this task. The Historic District
Zoning Committee met four time. In March, 1992, a proposed
amendment was pulled from formal processing and recirculated to
interested parties for further review and comment. In July, the
special committee, representatives from the OSS Homeowners
Association, and the Historic Preservation Board met directly
with the Planning and Zoning Board and provided specific
direction as to how to address various issues which had been
raised. A dialogue on the issues and technical aspects which
were aired during this six month period can be obtained from the
project file.
The materials presented to the Planning and Zoning Board on
January 11, 1993, include direction from that July 27, 1992,
work session and accommodate some intervening events and
directions.
T:OPQ
2
~.H. Ordinance No. 12-93. Ordinance No. 12-93, amending the
Land Development Regulations to provide additional variance
criteria for Historic Sites, is before the Commission for consid-
eration on First. If passed, Public Hearing will be held Febru-
ary 9th. Planning and Zoning Board recommends approval.
The City Manager presented Ordinance No. 12-93:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 4, "ZONING REGULATIONS", SECTION
4.5.1(J), "HISTORIC PRESERVATION BOARD TO ACT
ON VARIANCE REQUESTS", OF THE LAND DEVELOP-
MENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE
ADDITIONAL CRITERIA FOR GRANTING A VARIANCE
IN HISTORIC DISTRICTS; PROVIDING A SAVING ·
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
Mr. Mouw moved for the adoption of Ordinance No. 12-93
on First Reading, seconded by Mr. Ellingsworth. Upon roll call
the Commission voted as follows: Mr. Mouw - Yes; Vice-Mayor
Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a
3 to 0 vote.
Mayor Lynch and Mr. Randolph returned to the Commission
Chambers at this time.
12.I. Ordinance No. 13-93. Ordinance No. 13-93, amending the
Land Development Regulations by amending Section 4.4.24, Old
School Square Historic Arts District (OSSHAD) Zone in its entire-
ty, is before the Commission for consideration on First Reading.
If passed, Public Hearing will be held February 9th.
The City Manager presented Ordinance No. 13-93:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 4, "ZONING REGULATIONS", SECTION
4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS
DISTRICT (OSSHAD)", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
Mr. Kovacs advised that the Planning and Zoning Board
completed their review last night. Their recommendation was to
adopt the ordinance with those changes outlined in Mr. Kovacs'
-19- 1/26/93
memo distributed to the Commission earlier this evening. Discus-
sion followed.
The City Manager suggested delaying consideration on
First Reading until the meeting of February 9th.
Mr. Mouw moved to delay consideration of Ordinance No.
13-93 on First Reading until February 9th, seconded by Dr.
Alperin. Upon roll call the Commission voted as follows: Dr.
Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes;
Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5
to 0 vote.
12.J. Qr~in~n~9 No. 14-93. Ordinance No. 14-93, amending the
Land Development Regulations to require payment of in-lieu of
parking fees in the Old School Square Historic Arts District when
required parking cannot be achieved, is before the Commission for
consideration on First Reading. If passed, Public Hearing will
be held February 9th.
The City Manager presented Ordinance No. 14-93:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 4, "ZONING REGULATIONS", SUBSECTION
4.6.9(E), "LOCATION OF PARKING SPACES", OF
THE LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SUB-SUBSECTION
4.6.9(E)(3), "IN-LIEU FEE", TO PROVIDE THE
IN-LIEU FEE OPTION TO THE OLD SCHOOL SQUARE
HISTORIC ARTS DISTRICT (OSSHAD); PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
Assistant City Attorney Tolces read the caption of the
ordinance.
Mr. Mouw moved for the adoption of Ordinance No. 14-93
on First Reading, seconded by Mr. Ellingsworth. Upon roll call
the Commission voted as follows: Mr. Ellingsworth - Yes; Mr.
Randolph - Yes; Mayor Lynch - No; Mr. Mouw - Yes; Dr. Alperin -
Yes. Said motion passed with a 4 to 1 vote.
12.K. Ordinance NQ, ~5-9~. Ordinance No. 15-93, amending the
Land Development Regulations to allow life guard facilities as an
ancillary use in the OS (Open Space) zone district, is before the
Commission for consideration on First Reading. If passed, Public
Hearing will be held February 9th. Planning and Zoning Board
recommends approval.
The City Manager presented Ordinance No. 15-93:
-20- 1/26/93
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~iI
ITEM #/p~ - MEETING OF JANUARY 26, 1993
SUBJECT:
AGENDA
ORDINANCE NO. 13-93/OSSHAD
DATE: JANUARY 21, 1993
This is first reading of an ordinance which amends the Land
Development Regulations by proposed changes to the entirety of the Old
School Square Historic Arts District (OSSHAD). Direction to
reevaluate the OSSHAD district originally came from a workshop session
involving the City Commission, the Historic Preservation Board and
others. A special task force was subsequently created, with the
proposed ordinance being the culmination of these various efforts.
The Planning and Zoning Board formally reviewed this item on January
11, 1993, at which time certain concerns were raised as to the degree
that retail use would be allowed within OSSHAD. Hence, consideration
was continued to January 25, 1993, although discussion at that time
will be limited to the retail issue, with the Board being supportive
of the proposed amendment in general. A final recommendation will be
made on the 25th and will be reported to the Commission on January 26,
1993. Please refer to the attached staff report for more detail and a
complete listing of proposed changes.
I do have concerns, however, about the drastic reduction in parking
required for restaurants from 12 spaces per 1,000 sq.ft, to 4 spaces
per 1,000 sq.ft. I am fearful we will have some severe parking
problems as a result.
Recommend consideration of Ordinance No. 13-93 on first reading,
subject to receipt of a final recommendation from the Planning and
Zoning Board and consideration of the parking issue raised.
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: /~.ITY COMMISSION
DEPARTMENT OF PLANNING AND ZONING
DATE: JANUARY 26, 1993
SUBJECT: OSSHAD TEXT AMENDMENTS~ 1ST READING CONSIDERATION
The Planning and Zoning Board completed its review of this item at
its meeting of January 25, 1993. It has been forwarded with a
recommendation of approval subject to the following modifications:
1. REVISION of the first paragraph of the Purpose~ Statement to
read (per HPB request):
* Provide for mixed uses of residential, office, and ~
~I~Z~ 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
2. NOT TO CHANGE Sub-Section (B)(3) --- allowable use of retail
sales.
(The Board felt that since there was not any known problem
with the language as it presently exists, there was not a
demonstrable need to change it. There had been some
controversy as to going to general retail but still
prohibiting certain uses. The P&Z Board staff report provides
a complete discussion of this subject.)
3. REINSTATEMENT of the provisions of existing Sub-Section
(B)(10), but renumbered as (B)(9).
[This is necessary due to the action in not changing (B)(3)].
All other proposed changes were recommended for approval. The
Board did discuss the concerns raised by the City Manager about
the change in required parking for restaurant use; however, they
continued its support for the uniform requirement throughout
OSSHAD.
City Commission
OSSHAD Text Amendments 1st Reading Consideration
Page 2
RECOMMENDED ACTION:
Hold first reading and direct that changes be made, pursuant to
the Planning and Zoning Board recommendation, prior to second
reading.
T: \OSSHADPZ
CITY COMMI S S I ON DOCUMENTAT I ON
TO://DAvID/-~ T. HARDEN, CITY MANAGER
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JANUARY 26, 1993
FIRST READING~ ORDINANCE AMENDMENT RE OSSHAD
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an ordinance which amends the LDRs on first
reading.
The proposed changes are to the entirety of the Old School
Square Historic Arts District (OSSHAD) Zone - Section
4.4.24.
BACKGROUND:
Direction for taking a complete evaluation of the OSSHAD Zone
District came from a meeting among the City Commission, the
Historic Preservation Board and others. To assist in addressing
the matter, a special task force was created. The major items
being addressed, at this time, include:
* expansion of the range of allowable retail uses
* clarification of mixed used upon a specific parcel and/or
within a structure
* accommodation of the Bankers Row Master Plan
* change in parking regulations and making the in-lieu fee
option available.
Please refer to the Planning and Zoning Board staff reports
(attached) for more details and a complete listing of proposed
changes.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of January llth. Three individuals (Fulton, Jamison,
Weiner) generally supported the changes but did express concerns
with the degree to which retailing would be allowed. One
individual (Finst) raised concerns about some of the
requirements which were being deleted (e.g. boundary separation,
parking between structures and the streets, expansion of retail
use).
City commission Documentation
First Reading, Ordinance Amendment Re OSSHAD
Page 2
Due to the concerns dealing with retail use, the Board continued
its consideration of the amendment to its meeting of January
25th. However, the Board did support the proposed amendment and
intends to limit its discussion to the retail use item. The
Board will make its final recommendation on the 25th; and, that
action will be reported at the City Commission meeting.
COMMUNITY REDEVELOPMENT AGENCY COMMENTS:
Subsequent to the Planning and Zoning Board meeting, the C.R.A.
conducted another review of the proposed amendment. At this
time theyprovided the following:
* support for the expansion of the retail uses
* opposition to the deletion of colleges, seminaries,
universities from allowable conditional uses.
RECOMMENDED ACTION:
This item has been scheduled for first reading at this time
because we provided a dual-notice for the public hearings at
both the Planning and Zoning Board and for the City Commission.
Thus, the public hearing should be held on February 9th.
Given the above situation, it is recommend that, by motion, the
amending ordinance be approved on first reading.
Attachment:
* P&Z Staff Report & Documentation of January 11, 1993
* Ordinance by others
DJK/T:CCOSSHAD.DOC
ORDINANCE NO. 13-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.4.24, "OLD SCHOOL SQUARE
HISTORIC ARTS DISTRICT (OSSHAD)", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Delray Beach,
Florida, is desirous of encouraging the orderly, yet innovative,
development and redevelopment of the Old School Square Historic Arts
District; and,
WHEREAS, the City Commission of the City of Delray Beach
wishes to promote the preservation and adaptive reuse of all
structures within the District; and,
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meetings of January
11, 1993, and January 25, 1993, and has forwarded the change with .a
recommendation of approval; and,
WHEREAS, pursuant to Florida Statute 163.3174(1) (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 DELHAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.24, "Old School Square
Historic Arts District (OSSHAD)", of the Land Development Regulations
of the Code of Ordinances of the City of Delray Beach, Florida, be,
and the same is hereby amended to read as follows:
Section 4.4.24 Old School Square Historic Arts District (OSSHAD)
(A) Purpose and Intent: The Old School Square Historic
Arts District (OSSHAD) is a mixed use district which is intended to:
* Provide for mixed uses of residential, office, and
~ ~I~ commercial activities that will encourage
the restoration or preservation of historic structures
and~ yet, maintain and enhance the historic and
pedestrian scale of the ~I~ ~ ~ ~~
D~ area;
* 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
liveability 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.
(B) Principal Use and Structures: The following types of
use 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 ~/1~~//~//~
~eneral merchandise as a~lo~ed in the Central Business Zone (CB~
District [see Section 4.4.1~(B)].
~ ~l~~ll~fl~~ll~m~lf~ll~
(~) 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.
(7~) Restaurants J~J~J~ of a sit down nature such as a
cafe, snack shop~, full service dining, but excluding an~ drive-in~
and/or drive-through~ facilities or features.
(~7) Providing of personal services such as
barbershops, beauty shops, salons, cosmetologists.
(9~) Bed and Breakfast Inns.
~Y W~/~//f~I~W~/~~II~[I~/I~
~I~W6~/~/~~/~/~//~/~l~lI~Y/~2~/~/~//b~
~[~2~/~//~¢~Z/~2~~//~f//~/¢~Z//~[~//~2~
(C) Accessory Use and Structures Permitted: The following
uses are allowed when a part of, or accessory to, the principal use:
(1) Uses and structures normally associated with
residences such as: bird aviaries, dog houses and dog runs, garages,
greenhouses, guest cottages, playhouses, pool houses and
covers/enclosures, pump houses, slat houses, storage sheds,
workshops, swimming pools, and home occupations.
(2) On a parcel that has as its principal use a
non-residential use, there may be one ~ single family residence,
either within a separate structure or within a structure housing a
non-residential use~ provided that one of the 2~~/~//~~
~/Z~ situations exists:
(a) the residence is occupied by the owner,
proprietor, or employee of a business
enterprise conducted on the propertyl;or,
(b) the business is ownedt or operated, by the
owner of the parcel; or~
- 2 - Ord. No. 13-93
(c) the residence is occupied by the owner of
the parcel.
(3) Family Day Care.
(4) Parking lots and refuse storage areas.
(5) Outdoor dining areas which are accessory or
supplemental to a restaurant or business user provided the operation
of the outdoor dining area is limited to daylight hours.
(D) Conditional Uses and Structures Allowed: The
following uses are allowed as conditional uses within the OSSHAD:
(1) The existence of more than one residential use on
a parcel upon which there is mixed use (residential and
non-residential usage). More than one residential unit may be
located within a mixed use structure.
(2) On a parcel that has as its principal use a
non-residential user residential use which occurs other than as
provided for in Subsection (C) (2).
(3) Outdoor dining which operates at night or which
is the principal use or purpose of the associated restaurant.
(34) Adult congregate living facilities, Alcohol and
Drug Abuse treatment facilities, Child Care, Adult Day Care,
Continuing Care, Convalescent Homes, and Nursing Homes.
(~) Parking lots not associated with a use.
(E) Review and Approval Process:
(1) All principal uses and accessory uses thereto,
which do not require a permit for external modifications shall be
allowed upon application to, and approval by, the Chief Building
Official.
(2) Structures which require a building permit for
external work must receive approval from the Historic Preservation
Board through the issuance of a Certificate of Appropriateness.
(3) For new development, approval must be granted
from the Historic Preservation Board pursuant to Sections 2.4.5(E),
(G) and (H).
(4) Conditional uses must be approved pursuant to
Section 2.4.5(F). Prior to action by the Planning and Zoning Board,
the use request must be reviewed by the Historic Preservation Board
with a recommendation forwarded by them.
(F) Development Standards: The development standards as
set forth, for the OSSHAD District, in Section 4.3.4 apply, except
for: ~//~/~f~//~/~b~//~/~//~//b~
(1) The following locations shall be subject to the
standards of the CBD Zone District:
- 3 - Ord. No. 13-93
(a) Lots 13-16, Block 60
(b) Lots 1- 4~ Block 61
(c) Lots 1- 7~ Block 69
(d) Lots 7- 8, Block 75
(e) Lots 1- 6, Block 76
(2) Parcels located along N.E. 1st Avenue between
N.E. 2nd Street and N.E. 3rd Street (Banker's Row) shall comply with
either provisions of Section 4.3.4 or provisions of the Banker's Row
Development Plan~ whichever is more permissive.
(G) Supplemental District Regulations: Supplemental
district regulations as set forth in Article 4.6, except as modified
herein, apply:
(1) Parcels located along N.E. 1st Avenue between
N.E. 2nd Street and N.E. 3rd Street (Banker's Row) shall comply with
either provisions of Article 4.6 of these Supplemental District
Regulations [Subsection (G)]~ or provisions of the Banker's Row
Development Plan, whichever is more permissive.
(2) The perimeter landscaping requirements of Section
4.6.16(H) (3) (e) shall not apply.
(~) All parking, except for single family homes and
duplexes, shall be located in the side or rear yard or adjacent to a
rear alley. No such parking shall be located in the area between any
street and the closest building or structure. Where there are
existing buildings or structures, ~9~/the Historic Preservation
Board may waive this requirement.during the site plan review process,
provided that it is determined that compliance is not feasible and
that the ~~I character of the area will be maintained. If
approved, such parking shall be substantially screened from
off-premises view by a hedge~ or decorative fencing. ~/~//f~
(I~) B~////~////~f~I////~ff~ All
non-residential uses shall provide one parking space per 300 sq.ft.
of total new floor area or existing floor area being converted to
non-residential use. This requirement may be reduced to one parking
space per 400 sq.ft, of total floor area, or by at least one space,
where there is a mix of residential and ~ffl~ non-residential use in
the same structure.
(5) If it is impossible or inappropriate to provide
required parking on-site or off-site, pursuant to Section
4.6.9(E) (4)~ the in-lieu fee option provided in Section 4.6.9(E) (3)
may be collected. For the purpose of this provision~
"inappropriateness" may be considered in relationship to the historic
character of this zone district.
(H) Special District Regulations:
(1) Residential units within a structure containing
permitted nonresidential use(s) shall not use more than 50% of the
gross floor area of the structure within which they are located.
(21 Residential uses shall comprise no less than 10%
of the uses in the OSSHAD District as expressed by the exclusive use
of individual parcels, other than condominium ownerships. The
existence of an occupational license, except for one issued for a
home occupation, shall establish that such a parcel is
non-residential.
- 4 - Ord. No. 13-93
Section 2. 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 3. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
MAYOR
ATTE S T:
City Clerk
First Reading
Second Reading
- 5 - Ord. No. 13-93
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: JANUARY 11, 1993
AGENDA ITEM: II.C.5. Consideration of Amendments to the Old
School Square H~stor~c Arts D~str~ct
(OSS~AD)
ITEM BEFORE THE BOARD:
The item before the Planning and Zoning Board is the
consideration of several proposed amendments to the Old
School Square Historic Arts District, and the making of a
recommendation(s) to the City Commission.
BACKGROUND:
The proposed amendments to the OSSHAD have evolved from a long
history. Please refer to the attached write-up on the history
of this subject for a chronology and details.
The changes being proposed at this time pertain specifically to
OSSHAD. They are primarily driven by direction from a July,
1992, meeting among members of the Planning and Zoning Board,
the Historic Preservation Board, the Old School Square
Homeowners Association, and a special review committee.
ANALYSIS:
The items addressed in this staff report are organized as
follows:
1. Purpose Statement
2. Retail Use
3. Accommodating Mixed Use
4. Outdoor Dining
5. Accommodating the Bankers Row Master Plan
6. Applicability of Perimeter Landscaping Requirements
7. Parking Regulations and Addition of the In-Lieu Fee
Option
8. Retention of Residential Usage.
Other changes shown on the attached mark-up of Section 4.4.24
are self-explanatory.
Another related item, that of an expanded.basis upon which to
grant a waiver of development regulations, is addressed in a
separate, but accompanying, staff report.
P&Z Staff Report
OSSHAD Text Amendment Review
Page 2
Several other items which were discussed in the review and
preparation of these recommendations apply to all historic
districts and not, Just specifically to OSSHAD. Those items
include: fencing height and materials, fence locations, fence
and hedge combinations. This consideration was deferred to
inclusion as an amendment to the Historic District Overlay
regulations.
1. Purpose Statement~
Changes are shown which provide more emphasis upon general
commercial (retail) usage, as opposed to an "arts and crafts"
emphasis. This emphasis is furthered by language which places
adaptive reuse on a footing with preservation.
2. Retail Use:
The restrictions upon specialty shops and single purpose retail
shops is deleted from Subsection (B~2) and the sale of general
retailing merchandise is accommodateW This change is consistent
with the direction from the July 27, Joint meeting. Since, the
allowables are expanded to accommodate those in the CBD, the
special provision [formerly (10)] for properties along Atlantic
Avenue is deleted - it is no longer needed.
The intent of this amendment is to increase redevelopment
interest by removing the single purpose business stipulation and
thereby expanding commercial/retail business opportunities. The
rationale for this change is the feeling that the single purpose
stipulation is restrictive and may act as a deterrent to
locating viable businesses within the District.
The removal of the single purpose stipulation represents a
change of the intent of the Historic Preservation Board when
OSSHAD was initially considered and created. Specialty shops
were represented, at that time, as projecting the image the
Board wished to establish in the District.
3. Accommodating Mixed Use=
Just how to accommodate mixed use (residential and
non-residential) has been one of the most controversial and
complex matters discussed throughout OSSHAD's history. While
mixed use within a structure and on a single parcel is
acceptable, the consensus is that there should be some limits or
controls. In the situation where there is a reasonable
relationship among tenants and other interests on the site, it
is felt that reasonable control (concern) will occur naturally.
Where there may be multiple residential situations on a mixed
use parcel, there is a feeling that a greater degree of control
is appropriate.
P&Z Staff Report
OSSHAD Text Amendment Review
Page 3
The above situations have been accommodated by allowing the
former as an "accessory use" with a better description provided.
This description is expanded to have more allowable situations
that currently exist. The latter situation is accommodated
through the conditional use process. Subsections (C)(2), and
(D)(1)&(2) reflect these changes.
4. Outdoor
The Historic Preservation Board's intent in creating OSSHAD
was that outdoor cafes, or outdoor dining areas were Just a
normal part of cafes. However, restaurants beyond the scale of
"cafes" appear to be viable uses within OSSHAD. Thus, there is a
need to clarify "outdoor dining" as allowed in the OSSHAD.
Discussion among the HPB, staff, and the P&Z Board identified
potential negative effects from allowing a restaurant in a mixed
use district. As a result, the direction which emanated from
the July 27, joint meeting was that outdoor dining areas which
are supplemental to a primary restaurant use and limit hours of
operation to daylight hours should be allowed as an accessory
use. Outdoor dining areas which operate at night or are clearly
the principal use or purpose of the restaurant should be a
conditional use.
These changes are accommodated in Subsections (C)(5) and
(D)(3).
5. Accommodating the Banker's Row Master Plan~
These changes incorporate the Banker's Row Master Plan into
OSSHAD and allow its provisions to be used in-lieu of standard
district regulations and supplemental district regulations. In
other words, site specific development can occur pursuant to the
Bankers Row Development Plan. If the Plan is unclear, or the
normal regulations are more lenient, then the normal regulations
shall be used.
Subsections (F)(2) and (G)(1) apply.
6, Applicability of Perimeter Landscaping Requirements~
The perimeter landscaping requirement, Section 4.6.16(H)(3)(e),
is not appropriate within OSSHAD, nor may it be appropriate in
other mixed use situations. This provision provides as follows:
(e) Where any commercial or industrial areas abut a
residential zoning district or properties in
residential use, in addition to requirements
established for district boundary line separators in
the zoning code, one (1) tree shall be planted for
every twenty-five (25) feet to form a solid tree line.
P&Z Staff Report
OSSHAD Text Amendment Review
Page 4
This requirement for trees usually cannot be met due to the
small size of parcels within OSSHAD and the existing vegetation
and general encroachment of existing structures into yard areas.
Even though it is recommended that the above requirement not
apply, when appropriate, the HPB can impose appropriate
buffering as a condition of site plan approval.
In a related regulation, the special district boundary treatment
requirements of Section 4.6.4 do not apply since they address
separation requirements between adjacent zoning districts and
not between uses.
7. Parkinq Regulations~
The parking regulations within OSSHAD gave special
accommodations for business and professional uses, but not for
retail, restaurant, and other commercial uses. When the special
Parking Task Force addressed this area, they suggested that a
uniform parking requirement be imposed. Thus, since we are
amending the OSSHAD, it is appropriate to make the amendment at
this time. The proposed change simply expands to the existing
standard for offices to all non-residential uses, including
restaurants, instructional facilities, etc.
Also, the option of using the in-lieu fee when on-site parking
cannot be provided or would be inappropriate, is provided. In
addition, a special criteria - that of an adverse impact upon
the historic character - is an allowable basis for allowing the
in-lieu fee to be used, even though spaces can be accommodated
on-site.
8. Retention of Residential Use~
The intent of the proposed mixed use limitation amendment is to
assure that, over time, land uses within the OSSHAD will remain
diverse, rather than become dominated by one single use or group
of uses. In this case, it is desired that the commercialization
of the area not totally remove its residential aspects. This is
desirable from both a land use and a historic preservation
perspective. The impetus for this requirement came from the
State's review of the City's Comprehensive Plan Amendment 91-1.
The State advised that mixed use zoning districts must contain a
limitation on the percentage or amount of uses allowed.
OSSHAD is presently comprised of 197 ownerships, 157 (80.7%) of
which are residential. Given the high percentage of residential
use in the District today, it is unlikely that mix of
residential use to nonresidential use in the District will be
dramatically reduced in the foreseeable future. However, the
concern/issue expressed by the State is valid, and staff
recommends an amendment to the LDR's to accommodate this
concern.
P&z staff Report
OSSHAD Text Amendment Review
Page 5
The direction from the July 27 Joint meeting was that the
residential component of the OSSHAD not be less than 10% as
expressed by the principal use of the parcels in the District.
Parcels are to be defined by ownership, and nonresidential usage
is to be determined by the issuance of an occupational license
for a property/parcel. Home occupational licenses shall not be
considered as a commercial use of a property.
RECOMMENDED ACTION:
It is not necessary to forward this proposal at your January
llth meeting. Given the complexity of the matter, further
review may be appropriate. However, it appears that a
reasonable approach has been devised for each of the issues
which have been raised during the review process.
Attachments:
* A mark-up of Secti~a~4..4.24 showing additions and deletions
* A History of OSS~ i ~~___~_
Report prepared by: ~ ~ ~-~
REPORT.DOC
DJK/T:RST.DOC
[IT I ELRR9 BElt[H
!0C '. ~'.~. ~.~: -~Vc~",',.,-c · ~--_-; ..; r' ~H. ,=LORIDA 33444 · 407/~43-7000
December 31, 1992
Dear OSSHAD Property Owners and Neighbors to the OSSHAD District:
The enclosed notice is to advise you that changes are being proposed
to the Old School Square Historic Arts District (OSSHAD) zoning
district. These proposed changes will be heard by the Planning and
Zoning Board, at a public hearing, commencing at 7:00 p.m. on
Monday, January ll, 1993. The hearing will be held in the City
Commission Chambers. This topic is one of many which will be heard
that evening.
The proposed changes have resulted from several meetings of the
Historic Districts Zoning Review (HDZR) Committee, (established by
the City's Planning Department in October, 1991}, City staff , and a
Joint meeting between the HDZR Committee, the Planning and Zoning
Board, and the Historic Preservation Board in July, 1992. As you
can see, the content of the current OSSHAD have been discussed for
quite some time. There is a general thought that this special
zoning district has not provided the impetus for innovative reuse
and redevelopment which is desired; thus, one reason for the
proposed changes.
To assist you in understanding the proposed changes and how they may
affect your property, we have compiled the following brief
explanation regarding the most significant of them. A full copy of
the proposed OSSHAD text with changes highlighted should be
available in the Planning Department Office on Tuesday, January 5,
1993.
1. Expansion of allowed retail uses: As currently written, retail
use is limited to "specialty shop" which engage in single
purpose sales such as bath shops, book stores, florists,
boutiques, etc. The proposed allows the sale of several retail
items in a single location and broadens the scope of items
which may be sold.
2. Restaurants and outdoor dininq: The initial concept in OSSHAD
was for cafes, gourmet shops, and small restaurants. This
concept is being expanded to accommodate all types of food
service (excluding drive-in and drive-through), including
outdoor dining.
To: OSSHAD Property Owners & Neighbors
Re: Proposed Changes to the OSSHAD Zoning District
, Page 2
3. Mixed residential and commercial use on the same parcel..
OSSHAD currently allows a single family residential use of a
property as accessory to a nonresidential (business,
commercial) use of the same property; but only when occupied by
the property owner, the proprietor, or an employee of the
nonresidential use. The proposed change allows that, in
addition, any person may occupy the dwelling if the
nonresidential use is owned or operated by the property owner.
Also, any such mix of use will - in the future - be
accommodated only through the conditional use process (public
hearing and City Commission action).
4. The Banker's Row Master Plan: This Plan is adopted, by
reference, thus allowing development which might otherwise be
in conflict with the OSSHAD regulations to occur.
5. Boundary Landscaping: Current requirements for one tree to be
planted every twenty-five feet (25') between mixed use or
commercial site and residential uses is to be deleted.
6. On-Site Parktnq: Provision will be made to allow an in-lieu
fee to be paid when providing on-site parking is not practical
or possible.
In addition to the proposed changes to the OSSHAD, the Board will
consider another text amendment which will provided the Historic
Preservation Board with an additional criteria upon which to base
the granting of a variance to development regulations. The proposed
additional criteria is "When variances are essential for the
adaptive reuse of a structure."
Questions about these proposed changes or how you can participate in
the hearing should be directed to me at (407) 243-7044.
/Dj~lncerely'
asmln Allen, Planner I
epartment of Planning and Zoning
Enclosure
* Notice
* Location Map
T:\OSSHAD\NCVLTR.DOC
OLD SCHOOL SQUARE
HISTORIC ARTS DISTRICT
Section 4.4.24 Old School. Square Historic Arts District
(OSSI D,)
(A) Purpose and Intent: The Old School Square Historic
Arts District (OSSHAD) is a mixed use district which is intended
to:
* Provide for mixed uses of residential, office, and
~ ~~ commercial activities that will
encourage the restoration or preservation of
historic structures and, yet, maintain and enhance
the historic and pedestrian scale of the
* 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
liveability 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.
(B) Principal Use and Structures: The following types of
use 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 Z~6~ ~~ ~6~
~g~6dl ~¢~I~ d~d of general merchandise as
allowed in the Central Business Zone (CBD) District [see
Section 4.4.18(B)].
(g4) 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.
(~) Educational and/or Instructional f~E~d
activities including training, vocational, or craft
schools, ~~d~ d~f~d~ ~f~df~f~d the arts~
~M~ personal development, ~MdZ~Z~Z~6Md~ and libraries,
museums, and social and philanthropic institutions.
(;~) Restaurants ~.of a sit down nature such as a
cafe, snack shop~, full service dining, but excluding
any drive-ind and/or drive-throughd facilities or
features.
(~!) Providing of personal services such as
barbershops, beauty shops, salons, cosmetologists.
(9~) Bed and Breakfast Inns
(C) k¢ceaeory Use and Structures Permitted: ~he followlng
uses are allowed when a part of, or accessory to, the princ~pal
use:
(1) Uses and structures normally associated w~th
residences such as: bird aviaries, dog houses and dog
runs, garages, greenhouses, guest cottages, playhouses,
pool houses and covers/enclosures, pumg houses, slat
houses, storage sheds, workshops, s~lmmtng pools, and
home occupations.
(2) On a garcel that has as l~'s principal use a
non-residential uses there may be one a s~ngle famlly
residence, either ~thin a separate structure or within
a structure housing a non-residential use: provided that
one of the ~&dI~ td &¢~d~L&a ~ gg& situations
exists:
(al the residence is occupied by the owner,
proprietor, or employee of a business
enterprise conducted on the property/Z orr
(b) the business is ownedt or operated, by the
owner of the parcel~ ore
(c) the residence is occupied by the owner of the
parcel.
(3) Family Day Care
(4) Parking lots and refuse storage areas.
(5) Outdoor dining areas which are accessory or
supplemental to a restaurant or business uset
provided the operation of the outdoor dining area
is limited to daylight hours.
(D) Conditional Uses and Structures Allowed: The following
uses are allowed as conditional uses within the OSSHAD:
(~) ?he existence of more than one residential uae on a
parcel upon which there is mixed use (residential and
non-residential usage). More than one residential unit
may be located within a mixed use structure.
(2) On a parcel that has as it's principal use a
non-residential used residential use which occurs other
than as provided for in Sub-Sec~ign (C)(2).
(3) Outdoor dining which oDerates at night or which is
the principal use or purpose of the associated
restaurant.
(Z~) Adult congregate living facilities, Alcohol and
Drug Abuse treatment facilities, Child Care, Adult Day
Care, Continuing Care, Convalescent Homes, and Nursing
Homes.
(~) Parking lots not associated with a use.
(E) Review and Approval Process:
(1) All principal uses and accessory uses thereto,
which do not require a permit for external modifications
shall be allowed upon application to, and approval by,
the Chief Building Official.
(2) Structures which require a building permit for
external work must receive approval from the Historic
Preservation Board through the issuance of a Certificate
of Appropriateness.
(3) For new development, approval must be granted from
the Historic Preservation Board pursuant to Sections
2.4.5 (E), (G), and (H).
(4) Conditional uses must be approved pursuant to
Section 2.4.5(F). Prior to action by the Planning and
Zoning Board, the use request must be reviewed by the
Historic Preservation Board with a recommendation
forwarded by them.
(F) Development Standards: The development standards as set
forth, for the OSSHAD Dlstrict~ in Section 4.3.4 apply, except
for:
The followinq 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, Block 69
(d) Lots 7- 8, Block 75
(e) Lots 1- 6, Block 76
(2) Parcels located alonq NE 1st Avenue between NE 2nd
Street and NE 3rd Street (Banker's Row) shall comply
with either provisions of Section 4.3.4 or provisions of
the Banker's Row Development Plant whichever is more
permissive.
(G) Supplemental District Requlations: Supplemental
district regulations as set forth in Article 4.6, except as
modified herein, apply:
(1) Parcels located alonq NE 1st Avenue between NE 2nd
Street and NE 3rd Street (Banker's Row) shall comply
with either provisions of Article 4.6t of these
Supplemental District Requlations [Subsection (G)], or
provisions of the Banker's Row Development Plan,
whichever is more permissive.
(2) The perimeter landscaping requirements of Section
4.6.16(H)(3)(e), shall not apDl¥..
(Z~) All parking, except for single family homes and
duplexes, shall be located in the side or rear yard or
adjacent to a rear alley. No such parking shall be
located in the area between any street and the closest
building or structure. Where there are existing
buildings or structures, ~W~ the Historic
Preservation Board may waive this requirement during the
site plan review process, provided that it is determined
that compliance is not feasible and that the
character of the area will be maintained. If approved,
such parking shall be substantially screened from
off-premises view by a hedge~ or decorative fencing.
4
non-residential uses shall provide one parking space per
300 sq.ft, of total new floor area or existinq floor
area beinq converted to non-residential use. This
requirement may be reduced to one parking space per 400
sq.ft, of total floor area, or by at least one space,
where there is a mix of residential and
non-residential use in the same structure.
(5) If it is impossible or inappropriate to provide
required parkinq on-site or offTsitet pursuant to
Section 4.6.9(E)(4), .the in-lieu fee option provided in
Section 4.6.9(E)(3) may be. collected. For the purpose
of this provisiont .,Inappropriateness" may be considered
in relationship to the historic character of this zone
district.
(H) Special District Regulations:
(1) Residential units within a structure containinq
permitted nonresidential use(s) shall not use more than
50% of the gross floor area of the structure within
which they are located.
(2) Residential uses shall comprise no less than 10% of
the uses in the OSSHAD District as expressed by the
exclusive use of individual parcelst other than
condominium ownerships. The existence of an occupational
license~ except for one issued for a home occupationt
shall establish that such a parcel is non-residential.
IN ADDITION TO CHANGES TO 4.4.24, AN AMENDMENT IS ALSO NECESSARY
TO THE TEXT OF THE FOLLOWING SUPPLEMENTAL DISTRICT REG~3LATIONS~
Section 4.6.9 Off-Street Parking Regulations
Section 4.6.9(E) Location of Parkinq Spaces
(3) In-lieu Fees If it is impossible ~ or inappropriate,
~ ~6Z~z~[~ BT Z~ ¢[~ ¢~agg[~[6~ to provide the required
number of on-site parking spaces, 2~ ~,~[~2 ~
f6~ and upon approval thereof by the City Commission~ the
payment of a fee in-lieu of providing such required parking,
or any part thereof is allowed. This provision shall be
applicable only in the CBD and OSSHAD Zone Districts~
pursuant to the Supplemental District Requlations Provisions
therein. Ail proceeds from such a fee shall be used for
parking purposes. The fee is hereby established at $2,500
per space. Such payment must be made prior to issuance of a
building permit.
A HISTORY OF THE OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT
O. S. S. H. A. D.
The R.O. Approach: In 1985, the City received petitions
affecting approximately twenty properties along N.W. 1st Avenue
requesting rezoning from RM-6 to POI (Professional Office
Institutional). This initiated the first attempt at encouraging
redevelopment of a portion of what is now know as the Old School
Square Historic District.
In response to those petitions, a new zoning district,
Residential Office (RO) was created. It was adopted in January,
1986. In May of 1986, a portion of what is now OSSHAD was rezoned
to RO. Prior to this rezoning, the applicable zonings were R-lA
(Single Family Residential) and RM-6 (Multiple Family Dwelling
District). The RO District was essentially the RM-6 District
with the deletion of multiple family housing; but with the
addition of business and professional offices.
In the ensuing years, these efforts did not yield the desired
results. The land use in the area remained unchanged. If
anything, the area was in a state of decline as residential
properties turned into rentals and evidence of overcrowding began
to show. In February, 1988, a request to add the use of
"contractor's office" as a permitted use in the RO District
failed amidst objections from surrounding neighbors. Objections
focussed on the inappropriate nature of the use in the area, its
conflict with the intent and goals of the RO zoning district, and
that it did not represent the type of redevelopment effort which
was desired.
The Historic District Approach: In 1988, special "overlay
districts" were created for the purpose of preserving the
historic fabric of certain areas within Delray Beach. These
overlay districts did not affect allowable use of the area, but
only regulated aesthetics, neighborhood character, and provided
some safeguards against actions which would be detrimental to the
objective of appropriate historic preservation. The Old School
Square Historic (Overlay) District was established on February 9,
1988. It was placed on 50 acres of land with 209 properties,
86 of which were identified as being historically contributing
properties. Six base zoning districts governed the allowable
land use within this overlay district. These zoning districts
included the RO, POC, GC, RM-6, RM-10 and CBD.
Evolution of OSSHAD: In May, 1989, the Historic Preservation
Board (HPB) began consideration of a single zoning district to
replace the existing six zoning districts within the Old School
Square Historic Overlay Area. The Board desired to increase the
marketability and focus of the Historic District through a
unified zoning district which would allow additional cultural
arts and related uses. The types of changes envisioned at that
time were additional permitted uses such as: Yoga,. Health Spa,
and Fitness Center uses; change some conditional uses to
permitted uses; shortening review and approval processing time.
In August, 1989, the initial drafts of the proposed zoning
district was distributed for review. The use of "bed and
breakfast" was added and some minor changes were suggested during
the review. A general consensus was seemed to have been reached,
and the proposal was put in a proper format.
In March, 1990, the Historic Preservation Board considered
recommendations that multiple family residences and duplexes
should no longer be allowed as permitted or conditional uses in
the proposed zoning district. During the ensuing review period
several comments and challenges were made to the proposal, most
seeking more lenient provisions. From June through August, the
proposal was aired and modified during the public review process.
In September, 1990, OSSHAD was created concurrently with a major
rewriting of the City's Land Development Regulations (LDRs).
Individuals interested in reviewing the items of concern are
invited to read a special report which addresses each of the
aired concerns.
Try Again: Early in April, 1991, dissatisfaction with two
development proposals led to special work sessions among the City
Commission, the Historic Preservation Board, and others. As a
result of those meetings, direction was given to revisit the
regulations contained within the OSSHAD regulations.
In October, 1991, a special committee was put together by the
Planning Department to work on this task. The Historic District
Zoning Committee met four time. In. March, 1992, a proposed
amendment was pulled from formal processing and recirculated to
interested parties for further review and comment. In July, the
special committee, representatives from the OSS Homeowners
Association, and the Historic Preservation Board met directly
with the Planning and Zoning Board and provided specific
direction as to how to address various issues which had been
raised. A dialogue on the issues and technical aspects which
were aired during this six month period can be obtained from the
project file.
The materials presented to the Planning and Zoning Board on
January 11, 1993, include direction from that July 27, 1992,
work session and accommodate some intervening events and
directions.
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ager of The News, daily newspapers pub- THEREPEALiNGCITY OF DELnAYsu,.sU~i~B~CH 'Y
Florida; that the attached copy of advertise- SU*SUBSECTION ,.,.7(C)(~), BEACH, ~LORIOA. ~ENDING
~ANNER5 AND WINO SIGNS', TO CHAPTER ~, 'ZONING BEGUm-
OF ~ANNER SIGNS AND W~ND SUBSECTION 1.6.9(E), 'L~ATION
SIGNS; BY ENACTING A NEW OF PARKING SPACES', OF THE
the issues of: SU~SUBSECTtON 4.LI~B)(IB), ~NO DEVELOPMENT REGULA.
'F~GS', TO PROVIDE FOR FLYING TIONS OF THE CODE OF
T~ F~GS TO ADVERTISE OPEN NANCES OF THE CITY OF OELRAY
FLYIHG F~G5 OF SERVICE ORGA. SU&SUBSECTtON *.a.9(EH3L '~N-
NI~TION5 AT TIMES OF MEET- LIEU FE~, TO P~OVIDE THE
.-~ ~./~/~J · lNG, AND ~ PROVIDE FOR THE IN.LIEU FEE OPTION TO THE OLD
THREE (3) F~GS ON PROPERTYDISTRICT (OSSHAO); PROVIDING A
LESS THAN ~E ACRE AgO ONE ~VING C~USE, A OENE~L RE-
F~ PER 15,~ ~UARE FEET ON PEALER C~USE, AND AN EFFEC-
PR~R~ GREATER THAN ONE TIVE DATE.
ACRE; ~ENDING APPENDIX A,
'DEFINITION~, $Y ENACTING A
DEFINITION FOR THE TERM
$~G'; PROVIDING A REPEALERAN ORDINANCE OF THE CITY C~
Affiant further says that The News is a AN EFFECTIVE ~TE. BEACH, FLORIDA,
CHAPTE~ ~, 'ZONING ~EGULA-
newspaper published in Boca Raton, in said ~m SPAcETIONS" tosISECTIOND~sTRIC~,I'4'~' SUBSEc-~PEN
Palm Beach County, Florida, Monday AN ORDINATE OF THE CiTY C~ TION (C). OF THE ~ND DEVELOP'
MISSION OF THE CITY ~ ~LRAY MENT REGU~TIONS OF THE
B~CN, F~Ri~ ~ SEC" CO~ OF ORDINANCES OF THE
second class matter at the post office in .,.~t~ ,o ,,o~,~ ~ ,.~ 0,, ,, ~oo,.o
RE~ON ~ THE NUMBER OF STAN~, HEA~UA~TERS AND
ALTER~TE ME~BERS O~ THE NECES~RY SUP~RT F~ILITIES'
Boca Baton, Palm Beach County, Florida, coo~ ENFORC~ENr ~ARO; AS A PERMITTED ACCES~RY
PROVlDI~ A ~NERAL RE~AL- USE; PROVIDING A ~VING
for a period of one year next preceding the ER C~U~, A ~VING C~USE, C~USE, A GENERAL REPEALER
ANDAN EFFECTIVE DATE. C~USE, AND AN EFFECTIVE
first publication of the attached copy of ~,~
advertisement; and affiant further says that ,, ~o,.,~ ~ ..E C,T, C~ ~,m
he has neither paid nor promised any ~,~ oF THE CITY OF ~L"*Y *. ~01NANCE OF T.E C"Y C~
THE Z~ING C~IFICAII0N FOR BEACH, FLOR~ ~ENOI~
person, firm or corporation any discount, APAR~LOF~.D~REeA.- CHA~E. ,, ~ONI.G
TICU~RLY ~RIBED ~EREiN, TION~, SECTION
rebate, commission or refund for the pur- ~,~ ~ ~,~..EO C~E,. ~V~O,~E., S**.0*,OS ~.
~AL) D~TEI~ TO AC T~IX'. ~ THE ~NO ~VELO~
pose of securing this advertisement for pub- ,AUT~TIVE C~ERClAL) 0'~ MENT REGU~TIONS OF THE
TRICT; ~10 ~ND BEI~ L~T- CODE ~ ORDINATES OF THE
lioationm~- saidll~W~p~p~l-~----'"--~----. ED ON rile ~ SB~ ~ FEOE"- CITY OF DELRAY ~EACH, FLORI-
AL HI~AY, ~TH ~ LINTON Ok, TO RED~E THE REQUI~ED
~LEVARO; A~O CORRECT~ REAR SETBACK FOR DUPLEXES
~1~ ~P ~ OELRAY B~CH, IN THE RL AND RM ZONING
FLORI~ I~; PROVIOI~ A TRICTS PR~ ~ FEET TO
GENE~ RE.ALFA C~USE, A FEET; PROVIDING A ~VING
~Vl~ ~U~, AND AN EFPEC- C~USE, A GENERAL RE~LER
TIVE ~TE. C~USE, AND AN EFFECTIVE
~ ~ tl~ DATE.
Ml~l~ OF ~E CITY ~ DE~Y M by ~ Cl~ ~m~ w~
PENDIX °At ~FINITB~, OF Ml~ ~ Vi~, ~
Sworn to and subscribed before me this THE ~O OEVELO~ENT REG~ ~11 ~ a ~ M W ~
~TJ~ ~ T~ C~ ~ OBDI- ~ ~ ~ ~ ~ ~
~O AN EFFECTIVE DATE. F.S. ~01~.
AN ORDI~ ~ THE C)~ ~ C~ C~
MiniON OF THE CITY ~ ~L~Y
C~ER & ~1~ REGU~ THE
~E~lVATa ~O
A~
(Seal, Notary ~State of Florida at large)
TO ~ ~ VARIA~E RE~ESTS',
.
~re~z ~. ~p.
My Commi~~ ~'~4 .