Ord 09-98ORDINANCE NO. 9-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION
4.4.13(B), "PRINCIPAL USES AND STRUCTURES
PEP~MITTED", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CITY OF DELRAY BEACH, BY ADDING
'RESIDENTIAL-TYPE INNS' AS A PERMITTED USE IN THE
CBD; AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE
HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION
4.4.24(D), "CONDITIONAL USES AND STRUCTURES
ALLOWED", BY ADDING 'RESIDENTIAL-TYPE INNS' AS A
CONDITIONAL USE IN THE OSSHAD; AMENDING SECTION
4.4.24(G) TO PROVIDE SUPPLEMENTAL DISTRICT
REGULATIONS FOR 'RESIDENTIAL-TYPE INNS'IN THE
OSSHAD; ~ENDING SECTION 4.4.24(H) TO PROVIDE
SPECIAL DISTRICT REGULATIONS FOR 'RESIDENTIAL-TYPE
INNS' IN THE OSSHAD; AMENDING SECTION 4.3.3(X) TO
MODIFY THE SPECIAL REQUIREMENTS PERTAINING TO
'RESIDENTIAL-TYPE INNS'; AMENDING APPENDIX "A",
"DEFINITIONS", TO REVISE THE DEFINITION FOR
'RESIDENTIAL-TYPE INNS'; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the proposed text amendments at a public
hearing on January 26, 1998, and forwarded the changes with a
recommendation of approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the changes are consistent with and further the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.13, "Central
Business (CBD) District", Subsection 4.4.13(B), "Principal Uses and
Structures Permitted", of the Land Development Regulations of the
City of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
(B) Principal Uses and Structures Permitted: The
following types of use are allowed within the CBD District as a
permitted use:
(5) Hotels, Motels, ~ Bed and Breakfast Inns, and
Residential-Type Inns.
Section 2. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.24, "Old School
Square Historic Arts District (OSSHAD)", Subsection 4.4.24(D),
"Conditional Uses and Structures Allowed", of the Land Development
Regulations of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
(D) Conditional Uses and Structures Allowed: The
following uses are allowed as conditional uses within the OSSHAD:
(6) Residential-type inns, not to exceed more than
eighteen (18) individually leased suites or rooms per acre.
Section 3. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.24, "Old School
Square Historic Arts District (OSSHAD)", Subsection 4.4.24(G),
"Supplemental District Regulations", subparagraph 4.4.24(G) (4),
"Parking Requirements", of the Land Development Regulations of the
City of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
(G) Supplemental District Regulations: Supplemental
district regulations as set forth in Article 4.6, except as modified
herein, apply:
(4) Parking Requirements:
(a)
Ail non-residential uses, with the exception
of restaurants, shall provide one parking
space per 300 sq.ft, of total new 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 non-residential use in the
same structure.
(b)
Restaurants shall provide six spaces per one
thousand square feet of total new or
existing floor area being converted to
restaurant use.
- 2 - Ord. No. 9-98
(c)
Residential-type inns shall provide one
parking space per quest room/unit. Other
accessory uses shall be calculated
separately based upon square footage of the
use area as provided for in subsections
4.4.24(G) (4) (a) and (b) above.
Section 4. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.24, "Old School
Square Historic Arts District (OSSHAD)", Subsection 4.4.24(H),
"Special District Regulations", of the Land Development Regulations
of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
(H) Special District Regulations:
(1) Residential units within a structure containing
permitted non-residential 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.
(3) Residential-type inns shall create a transitional
or buffer area between residential uses and non-residential uses
.(such as office, commercial, etc.) which are either on or near the
subject property.
(4) A residential-type inn shall be associated with
an historic structure and must be residential in design, scale and
character.
Section 5. That Chapter Four, "Zoning Regulations",
Article 4.3, "District Regulations, General Provisions',, Section
4.3.3, "Special Requirements for Specific Uses", Subsection 4.3.3(X),
"Residential Inns", of the Land Development Regulations of the City
of Delray Beach, Florida, be, and the same is hereby amended to read
as follows:
(X) Residential Inns: Residential-type inns ~I~/~
~~ /~ /~6 /~~ /~/~ /~ /~~~ /~ /~ shall be
subject to the following provisions, limitations, and restrictions:
- 3 - Ord. No. 9-98
(1) The use must be located with frontage on, or
access from, at least one arterial or collector street as delineated
on the City"s Transportation Element;
(2) The use must be located in proximity to office,
industrial, ~/~~ or commercial uses;
(~{) The minimum floor area per suite shall be ~99 450
square feet;
(4) Accessory uses may include recreational
facilities (i.e. swimming pool, whirlpool, jacuzzi, steam room,
tennis courts), meeting rooms, complimentary room service, and other
non-residential uses as permitted within the respective zoning
district.
(5)
4.6.9(c) (7) (e) .
Parking shall be provided pursuant to Section
- 4 - Ord. No. 9-98
Section 6. That Appendix "A", "Definitions", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is'hereby amended to read as follows:
RESIDENTIAL-TYPE INN
A type of hotel or a multiple family
dwelling occupied exclusively by
non-permanent residents. It may consist of
one buildinq which contains the principal
and accessory uses, or groups of buildinqs.
Suites may or may not include kitchens or
kitchenettes. Accommodations may be
comprised entirely of suit~s, or may include
a combination of sinqle rooms and suites.
The facility may also contain accessory uses
as otherwise permitted in the applicable
zoninq district.
Section 7. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 8. 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 9. That this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 17th day ofFebruary. l /~-/.~" 1998
ATTEST:
- - ~ ~ity ~le'rk - !
First Reading: February 3, 1998
Second Reading: February 17, 1998
- 5 - Ord. No. 9-98
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~'~q
AGENDA ITEM ~/0~- REGULAR MEETING OF FEBRUARY 17, 1998
ORDINANCE NO. 9-98 (RESIDENTIAL-TYPE INNS)
FEBRUARY 12, 1998
This is second reading and the second public hearing for Ordinance
No. 9-98 which amends the Land Development Regulations with
respect to 'residential-type inns' Specifically, to allow
residential-type inns as a conditional use in the Old School
Square Historic Arts District; to allow residential-type inns as a
permitted use in the Central Business District; modifying the
special requirements for the use; and revising the definition of
'residential-type inns'
The amendment was requested by Rodney Romano, representative for a
proposal to convert the Sundy Estates Apartments to a residential
inn facility. Residential inns are currently allowed in the RT
(Resort Tourism) District as a permitted use and in the POC
(Planned Office Center) District as a conditional use. The only
type of lodging currently permitted in OSSHAD are bed and
breakfast facilities. A request has been made to allow a type of
use which combines hotel rooms and suites associated with a
restaurant. Within the CBD, hotels, motels and bed and breakfast
inns are permitted. Therefore, it is appropriate that residential
inns also be permitted. Additional background and an analysis of
the request are provided in the attached staff report.
The Planning and Zoning Board considered this item at a public
hearing on January 26, 1998. There was no public testimony. The
Board suggested that the term "residential inns" be changed to
"residential-type inns" to avoid any confusion with "Residence
Inn", the corporate name for a chain of these types of hotels.
The Board voted 5 to 0 to recommend that the proposed amendment be
approved. At first reading on February 3, 1998, the Commission
passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 9-98 on second and final
reading.
ref:agmemol8
Boca Raton Ne~s, We($nesday,-February 11, 1998
CITY OF DELRAY BEACH
NOTICE OF PERMITTED USE CHANGE WITHIN.~
THE CENTRAL BUSINESS (CBD) DISTRICT
AND CONDITIONAL USE CHANGE
WITHIN THE OLD SCHOOL SQUARE HISTORIC
ARTS DISTRICT (OSSHAD)
The City Commission of the City of Delray.Beach, Flor~da,~
proposes to adopt the following ordinance:
ORDINANCE NO. 9-98
AN ORDINANCE OF THE CITY coMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13,~
"CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTIOI~
4.4.13 :(B), 'PRINCIPAL USES AND STRUCTURES~
PERMITTED", OF THE LAND DEVELOPMENT REGULATIONS
OF THE CITY OF DELRAY BEACH, TO ALLOW 'RESIDENTIAE~
INNS' AS A PERMI'F]'ED USE IN THE CBD; AMENDIN~
SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ART~
DISTRICT (OSSHAD)", SUBSECTION 4.4.24 (D),
"CONDITIONAL USES AND STRUCTURES .ALLOWED", TO
ALLOW 'RESIDENTIAL INNS' AS A CONDITIONAL USE I1~
THE OSSHAD; PROVIDING' A GENERAL REPEALEI~:
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) pUblic Hearings fo~'
the purpose of. accepting public testimony'regarding the~
proposed ordinance, The first Public Hearing will be held
TUESDAY, FEBRUARY 3, 1998, AT 7:00 P.M. (or at any'
continuation of such meeting which is set by the Commission)~.
in the Commission chambers at City Hall, 100 N.W. 1st Avenuer
Delray Beach, Florida. If the ordinance is' passed on first
reading, a second Public Hearing will be held on TUESDAY]
FEBRUARY 17, 1998, AT 7:00 P.M. (or at any continuation of
such meeting which is set by the Commission).
All interested citizens are invited to attend ~the public hearings
and comment upon the proposed ordinance or submit thei~
comments in writing on or before the date of these hearings to
the Planning and Zoning Department. For further information
to obtain a copy of the proposed ordinance, please contact th~
Planning and Zoning Department, City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida 33444 (Phone 561/243-7040)i
between the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO
APPEAL ANY DECISION MADE BY THE CIT~ COMMISSION
WITH RESPECT TO ANY MA'Fi'ER CONSIDERED AT THESE
HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A
VERBATIM RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
THE CITY DOES NOT PROVIDE NOR PREPARE. SUCH.
RECORD. PURSUANT TO F.S. 286.0105.
PUBLISH:' Boca Raton News CITY OF DELRAY BEACH!
January 26,1998 ,Alison MacGregor Harty
February 11, 1998 · City Clerk .-~
AD #770394
~ 8C Boca'Raton News, Friday February 6, 1998~
A PUBLIC HEARING will be held G~
the ~W#ing pr~ ordinances it
f7, ~1~ (or it ~ny ~ntimJition of
ml~s~), ia Ibe £~ Commis~n '
Cbembefl, lid N.W. ts~ Awnue, Del-
fly Be~c~ FIoribe, it v~ich time Nle
CI~y CommIs~ will c~ Ihetr
City CJe~ it C~y Hill, 1~0 N.W. 1st I
Avenue, Dofrly Beach, Florida, be- ;
p~n., A~md~y thro~a Fray,
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING SEC.
TION ~.~S, 'CENTRAL BUSINESS
(CBD} DISTRICP, SUBSECTION
LLIS(B), IpRINCIPAL USES AND
T~'~ERUCTURES PEI~ITTED', OF
LAND DEVELOPMENT REGU-
L~TIONS OF THE CITY OF DELRAY
BEACH, BY ADOING
MESIDENTIAJ.-'fYPE NJNS' AS A'
PEI~ITTED USE IN THE CBD;.
AME.D~.G SECT,O. ~2~
IC. ooL ~ .ISTO~C ^RTSi
B~'TEICT (GSSHAD)', ~U~SECTIO~
~,I~D~, 'CONDITIONAL USES AND
AD[~
SHAD; A~END PPLE
ti L4.24(G) TO~' PROVIDE SU '
MEH*r~ mS'tRaCT REGULAT!~S
FOR ,RESIDENTIAL.TYPE INNS IN
THE OSSflAD; AMENDING SECTION
4.4.24(H TO PROVIDE SPECIAL DIS-
~'1 TRICT REGULATIONS FOR
[J ,RESIDENTIAL-TYPE ~NNS' iN THE
J OSSHAD; AMDENDJNG SECTION
kl u.~(x) TO MODIFY THE SPECIAL
~ REQUIREMENTS PERTAINING TO
'RESiDENTiAL-TYPE INNS';
J Att, ENDiNG APPENDIX
~ 'DEFINTIONS', TO REVISE THE
! DEF~NITION FOR 'RESIDENTIAL-
J TYPE INNS'; PROVIDING A GEN*
~1 EEAL REPEALER CLAUSE, A SAV*
[~ lNG CLAUSE, AND AN EFFECTIVE
~LRAV
PRESENTLY
FAMILY
AND EM
iDENTiAL)
~.ID LAND
AS A
SOU*
PRESBYTE-
AT
OF SE-
AND GUt. F*
AS MORE
DESCRIBED
rZONING
FLORI-
A SAVING
EFFECTIVE
DATE.
TO:
THRU:
FROM:
SUBJECT:
MANAGER
DAVID T. HARDEN, CITY
DIANE DOMINGUEZ, P & Z DIRECTOR ~r,~--
JEFFREY A. COSTELLO, SENIOR PLANN~
MEETING OF FEBRUARY 3, 1998
AMENDMENT TO LDR SECTION 4.4.24 TO ALLOW RESIDENTIAL INNS AS
A CONDITIONAL USE IN THE OLD SCHOOL SQUARE HISTORIC ARTS
DISTRICT (OSSHAD); LDR SECTION 4.4.13 TO ALLOW RESIDENTIAL INNS
AS A PERMITrED USE IN THE CENTRAL BUSINESS DISTRICT (CBD); LDR
SECTION 4.3.3(X) (SPECIAL REQUIREMENTS FOR SPECIFIC USES
RESIDENTIAL INNS); AND APPENDIX A (DEFINITIONS).
This amendment has been requested by Rodney Romano, representing a proposal to convert
the Sundy Estates Apartments to a residential inn facility. Residential inns are currently allowed
in the RT (Resort Tourism) zoning district as a permitted use and in the POC (Planned Office
Center) zoning district as a conditional use. Currently, the only type of lodging permitted in
OSSHAD are bed and breakfast facilities. A request has been made to allow a type of use
.which combines hotel rooms and suites, associated with a restaurant. Within the CBD zoning
district hotels, motels, and bed and breakfast inns are permitted, therefore, it is appropriate that
residential inns also be permitted. Additional background and an analysis of the request is
found in the attached Planning and Zoning Board staff report.
The Planning and Zoning Board held a public hearing regarding this item at its meeting of
January 26, 1998. There was no public testimony regarding the request. The Board suggested
that the term "residential inns" be changed to "residential type inns", to avoid any confusion with
"Residence Inn", the corporate name for a chain of these types of hotels. After discussing the
text amendment, the Board voted 5-0 (Carbone and Young absent) to recommend to the City
Commission approval of the proposed amendment with the change as noted herein.
By motion, approve on first reading a text amendment to LDR Section 4.4.24 Old School
Square Historic Arts District (O$SHAD) be amended to include residential type inns as a
conditional use; Section 4.4.13 Central Business District (¢BD), to allow residential type inns
as a permitted use; modify the related provisions to Section 4.3.3(X) (Special Requirements for
Specific Uses - Residential Type Inns), and Appendix A (Definitions),
Attachments:
· P&Z Staff Report and Documentation of January 26, 1998
· Ordinance by Others
MEETING DATE:
AGENDA ITEM:
JANUARY 26, '1998
V.E. - AMENDMENT TO LDR SECTION 4.4.24 TO ALLOW
RESIDENTIAL INNS AS A CONDITIONAL USE IN THE OLD
SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD); LDR
SECTION 4.4.13 TO ALLOW RESIDENTIAL INNS AS A
PERMITTED USE IN THE CENTRAL BUSINESS DISTRICT
(CBD); LDR SECTION 4.3.3(X) (SPECIAL REQUIREMENTS
FOR SPECIFIC USES - RESIDENTIAL INNS); AND APPENDIX A
(DEFINITIONS).
The item before the Board is that of making a recommendation to the City
Commission regarding an LDR text amendment to Section 4.4.24, Old
School Sauare Historic Arts District (OSSHAD), to allow residential inns
as a conditional use; Section 4.4.13, Central Business District (CBD), to
allow residential inns as a permitted use; related provisions of Section
4.3.3(X) (Special Requirements for Specific Uses - Residential Inns): and
Appendix A (Definitions).
Pursuant to Section 1.1.6, an amendment to the text of the Land
Development Regulations may not be made until a recommendation is
obtained from the Planning and Zoning Board.
This amendment has been requested by Rodney Romano, representing a proposal to
convert the Sundy Estates Apartments to a residential inn facility. Residential inns are
currently allowed in the RT (Resort Tourism) zoning district as a permitted use and in
the POC (Planned Office Center) zoning district as a conditional use.
Currently, the OSSHAD district allows bed and breakfast facilities as a permitted use,
however the special regulations regarding bed and breakfasts are very restrictive and
are limited to very special circumstances. A request has been made to allow a type of
use which combines hotel rooms and suites, associated with a restaurant. Within the
CBD zoning district hotels, motels, and bed and breakfast inns are permitted. As these
three uses are currently permitted, it is appropriate that residential inns also be
permitted within the CBD.
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Adding Residential Inns to the OSSHAD and CBD zone districts
Page 2
In conjunction with this text amendment, the special use requirements pertaining to
residential inns are also being amended. The proposed changes will clarify and
condense the code section. It is noted that staff has modified the applicant's proposed
amendment in order to be more consistent with the existing LDR format, and to better
tailor it to the City's needs.
The proposed use will cater primarily to tourists and seasonal residents in the
downtown area. While bed and breakfast inns are a permitted use in the OSSHAD
zoning district, the special regulations regarding bed and breakfasts are very restrictive
and are limited to very special circumstances. Bed and breakfast inns are also geared
toward tourism, however, they only allow non-permanent lodging for a maximum of 14
days. Since the inception of bed and breakfast inns in 1989, there has been only one
request for a bed and breakfast inn within the OSSHAD. The request was approved in
1990, however the use was never established.
Attempts have been made in the past to establish a bed and breakfast within existing
apartment buildings in the OSSHAD however as the apartment buildings in the district
are primarily not historic, and due to the interior design of the apartments (i.e. kitchens),
they do not meet the criteria for a bed and breakfast. These criteria include: no cooking
facilities, maximum stay (14 days), limitation on the number of employees, limitation of
the use to historic structures or sites, and requirement for a common area dining facility.
In order to encourage the adaptive reuse of these structures, adding the residential inns
to the district as a conditional use is proposed. In addition to allowing the residential
inns in the OSSHAD, there are also restrictions proposed in the OSSHAD to protect
against potential incompatibility issues regarding building design, scale, orientation.
Given the above, it is appropriate to allow a residential inn in the OSSHAD zone district
as a conditional use only, as the use may not be appropriate under certain
circumstances, or in order to mitigate incompatibilities, it may be appropriate to attach
conditions to the approval.
With regard to the CBD zone district, hotel, motels, and bed and breakfast inns are
currently permitted. Thus, there is no clear reason to exclude residential inns from the
CBD.
Some limitations on residential inns are currently provided through provisions found in
LDR Section 4.3.3(X) (Special Requirements for Specific Uses - Residential Inns).
These restrictions were established in 1985, when suite type lodging was a relatively
new concept. Modifications this code section are proposed which will eliminate or
reduce some of those restrictions. Significant changes include those which would
reduce the minimum floor area per suite from 500 sq.ft, to 450 sq.ft., and deletion of the
requirements limiting the maximum number of units to 200 and the density to 20 units
per acre.
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Adding Residential Inns to the OSSHAD and CBD zone districts
Page 3
The maximum number of units and the density should be determined by the Land
Development Regulations (i.e. setbacks, building height, parking requirements,
landscape requirements, etc.), which is the case with hotels and motels. However, it
may be appropriate to limit the density in the Old School Square Historic Arts District
due to the residential character of the district. Municipalities that allow hotels and
motels in multiple family residential zoning districts generally allow them as conditional
uses. Most maintain density limits to ensure the intensity is in keeping with the adjacent
residential area. The density limit is typically 1% to 2 times the maximum density
permitted. With regard to the minimum floor area per suite, there is no clear basis for
the requirement. Typically, there are no minimum requirements for suites, however the
City currently has a minimum size for a hotel or motel room, which is 325 sq.ft. While it
may not be appropriate to eliminate the minimum floor area in its entirety, is seems
appropriate to reduce it. The definition of residential inn is also being modified to allow
for a combination of suites and hotel rooms.
Historic Preservation Board
At its meeting of January 21, 1998, the HPB reviewed and recommended approval of
the text amendments.
Downtown Development Authority_
At its meeting of January 21, 1998, the DDA reviewed and recommended approval of
the text amendments.
Community_ Redevelopment Agency
The CRA will review the text amendment at its meeting of January 22, 1998. The
CRA's recommendation will be provided at that Planning and Zoning Board meeting.
Courtesy Notices:
A courtesy notice has been sent to the Old School Square Homeowner's Association.
Letters of objection or support, if any, will be presented at the Planning and Zoning
Board meeting.
By motion, recommend to the City Commission that LDR Section 4.4.24 Old School
Square Historic Arts District (OSSHAD) be amended to include residential inns as a
conditional use; Section 4.4.13 Central Business District (CBD), to allow residential
inns as a permitted use; modify the related provisions to Section 4.3.3(X) (.Special
Requirements for Specific Uses - Residential Inns), and Appendix A (Definitions).
Attachment:
· Proposed Ordinance
CITY OF DELRAY BEACH
NOTICE OF PERMITTED USE CHANGE WITHIN
THE CENTRAL BUSINESS (CBD) DISTRICT
AND CONDITIONAL USE CHANGE
WITHIN THE OLD SCHOOL SQUARE HISTORIC
ARTS DISTRICT (OSSHAD)
The City Commission of the City of Delray Beach, Florida,
proposes to adopt the following ordinance:
ORDINANCE NO. 9-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION
4.4.13 (B), 'PRINCIPAL USES AND STRUCTURES
PERMI'FI'ED", OF THE LAND DEVELOPMENT REGULATIONS
OF THE CITY OF DELRAY BEACH, TO ALLOW 'RESIDENTIAL
INNS' AS A PERMITTED USE IN THE CBD; AMENDING
SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS
DISTRICT (OSSHAD)", SUBSECTION 4.4.24 (D),
"CONDITIONAL USES AND STRUCTURES ALLOWED", TO
ALLOW 'RESIDENTIAL INNS' AS A CONDITIONAL USE IN
THE OSSHAD; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for
the purpose of accepting public testimony regarding the
proposed ordinance. The first Public Hearing will be held on
TUESDAY, FEBRUARY 3, 1998, AT 7:00 P.M. (or at any
continuation of such meeting which is set by the Commission),
in the CommissiOn Chambers at City Hall, 100 N.W. 1st Avenue,
Detray Beach, Florida. If the ordinance is'passed on first
reading, a second Public Hearing will be held on TUESDAY,
FEBRUARY 17, 1998, AT 7:00 P.M. (or at any continuation, of
such meeting which is set by the Commission).
All interested citizens are invited to attend the public hearings
and comment upon the proposed ordinance or submit their
comments in writing on or before the date of these hearings to
the Planning and Zoning Department. For further information or
to obtain a copy of the proposed ordinance, please contact the
Planning and Zoning Department, City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida 33444 (Phone 561/243-7040),
between the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO
APPEAL ANY DECISION MADE BY THE CITY COMMISSION
WITH RESPECT TO ANY MATTER CONSIDERED AT THESE
HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A
VERBATIM RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
THE CITY DOES NOT PROVIDE NOR PREPARE SUCH
RECORD. PURSUANT TO F.S. 286.0105.
PUBLISH: Boca R~on News
Janua~ 26,1998
Februa~ 11,1998
AD #770394
CITY OF DELRAY BEACH
Alison MacGregor Harty
City Clerk
CITY OF DELRAY BEACH
NOTICE OF PERMITTED USE CHANGE WITHIN
THE CENTRAL BUSINESS (CBD) DISTRICT AND CONDITIONAL USE CHANGE
WITHIN THE OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)
The City Commission of the City of Delray Beach,
proposes to adopt the following ordinance:
Florida,
ORDINANCE NO. 9-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD)
DISTRICT", SUBSECTION 4.4.13(B), "PRINCIPAL USES AND STRUCTURES
PERMITTED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, TO ALLOW 'RESIDENTIAL INNS' AS A PERMITTED USE IN
THE CBD; AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC
ARTS DISTRICT (OSSHAD)" SUBSECTION 4.4.24(D), "CONDITIONAL USES
AND STRUCTURES ALLOWED", TO ALLOW 'RESIDENTIAL INNS' AS A
CONDITIONAL USE IN THE OSSHAD; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the
purpose of accepting public testimony regarding the proposed
ordinance. The first Public Hearing will be held on TUESDAY,
FEBRUARY 3, 1998, AT 7:00 P.M. (or at any continuation of such
meeting which is set by the Commission), in the Commission
Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida. If the ordinance is passed on first reading, a second
Public Hearing will be held on TUESDAY, FEBRUARY 17, 1998, AT
7:00 P.M. (or at any continuation of such meeting which is set by
the Commission).
Ail interested citizens are invited to attend the public hearings
and comment upon the proposed ordinance or submit their comments
in writing on or before the date of these hearings to the
Planning and Zoning Department. For further information or to
obtain a copy of the proposed ordinance, please contact the
Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue,
Delray Beach, Florida 33444 (Phone 561/243-7040), between the
hours of 8:00 a.m. and 5:00 p.m., Monday through Friday,
excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION
MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED
AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH
RECORD. PURSUANT TO F.S. 286.0105.
PUBLISH:
The News
January 26, 1998
February 11, 1998
CITY OF DELRAY BEACH
Alison MacGregor Harty
City Clerk
Instructions to Newspaper: This ad is not to be placed in the
legal ads/classified section of the newspaper. It must be at
least two standard columns wide and ten inches long. The entire
headline [NOTICE OF CONDITIONAL USE CHANGE WITHIN THE CENTRAL
BUSINESS (CBD) DISTRICT AND THE OLD SCHOOL SQUARE HISTORIC ARTS
DISTRICT (OSSHAD)] must be an 18 point bold headline. Thank you.
MEMORANDUM
TO:
FROM:
RE:
ALISON MACGREGOR HARTY, CITY CLERK
JASMIN ALLEN, PLANNER
PREPARATION OF ADVERTISEMENT FOR THE CITY
COMMISSION MEETING OF FEBRUARY 3, 1998
DATE: JANUARY 12, 1998
The following item will be scheduled for first reading on February 3, 1998,
This item will require advertisements for both first and second readings:
Residence Inns in OSSHAD: Amendment to the Land Development
Regulations Section 4.4,24(D) to allow residence inns as a conditional use
in the OSSHAD (Old School Square Historic Arts District).
Thanks.
/99~