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49-91 FAILED - SEPTEMBER 10, 1991 ORDINANCE NO. 49-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT", SUBSECTION 4.4.21(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING A NEW SUB-SUBSECTION 4.4.21(D) (3) TO PROVIDE FOR COMMERCIAL ACTIVITIES AND BUSINESSES UPON PUBLICLY OWNED LANDS AS A CONDITIONAL USE, AND RENUMBERING SUB-SUBSECTIONS 4.4.21(D) (3) THROUGH 4.4.21(D) (12) AS 4.4.21(D) (4) THROUGH 4.4.21(D) (13); PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. 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 4.4.21, "Community Facilities (CF) District", Subsection 4.4.21(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, be, and sub-subsections 4.4.21(D) (3) through 4.4.21(D) (12) are renumbered to 4.4.21(D) (4) through 4.4.21(D) (13), and a new sub-subsection 4.4.21(D) (3) is hereby enacted to read as follows: (3) Conduct of commercial activities and businesses of a permanent nature upon publicly owned lands. 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 That all ordinances or parts of ordinances which are in conflict herewith be and the same are hereby repealed.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 , 1991. MAYOR ATTEST: City Clerk First Reading August 27, 1991 Second Reading FAILED/9-10-91 FAILED - SEPTEMBER 10, 1991 BOCA B. ATON NEWS DELlqAY BEACH NEWS BOYNTON BEACH NEWS OCEAN ~ARO (S.~. ~), ~L~Y ~E PARTICU~RLY ~RIBED ~EIN; AND ~N~ Published Daily Monday thru Sunday Boca Raton, Palm Beach County, Florida Dolray Beach, Palm Beach County. Florida Before the undersigned authority porsonally appeared NANCY WA~ who on oath says that she is the Classified Advertising Manager of the Boca Eaton News and the Delray Beach News, daily newspapers published at Boca Rat, on in Palm Beach County, Florida; that the attached copy of advertisement was published in said newspapers in the issues of: P~lN ~ P~Y A ~BLiC ,EARI~ ~N h ~ m Z~ED ~D (~NNEO RESI~ 7:M P.~, (~ ~ ~ ~ d ~ (S~C1~ ~TIVITIES) DI~ ~ ~ ~ i ~ ~ ~ ~' TRICT; ~lO ~ 8El~ A PAR. m~), ~ J~ ~, 1~, · ~ C~ CEL LY~ IN S~I~ ~ T~ Affiant further says that the said Boca Eaton ~ C~ ~ ~ ~ ~.P ~TEO ~ IHE News and Delray Beach News are newspapers pub- ~,(,) ~Y ~ ~ ~ ~ ~EEH FE~L HI.WAY ~O ~ ~ ~ CiW C~ ~ ~ ~ THE INT~C~TAL WATERWAY; lished at Boca Eaton, in said Palm Beach County, ~,, m N.W. lg *~ ~ PR~IDI~ ~ THE ~h, F~, ~ I:~ ~ ~ S:~ MENT ~ U~S ALamO FOR Florida, Monday through Sunday, and have been p.~, ~y ~ Fr~, ~ THE SU~E~ P~R~; PR~ ~. All i~ ~ ~ ~ VIDIK FOR SITE AND DEVELO~ entered as second class matter at the post office Jn vi~ ~ 0~ ~ m ~ ~ ~ ~NT ~ APP~ WiTH ~ M ~ ~ ~ CERTAIN ~N~T~; AND Boca Eaton, Palm Beach County. Florida.. for a pc- i~ ~p. DEL~Y S~H, FLORI~ riod of o~e year next the first 1~; PROVIDi~ A GENE~ RE- lion of the attached copy of advertisement; and ~I~THECIW~ ~L~Y ~vl~ C~U~; ~R~iOINO AN SEACH, FL~ RE~I~ A~ EFFECTfVE ~TE. affiant further says that she has neither paid nor ~C~ ~ ~ ~ (MULTJ~Y F~LY ~) ~RI~ IN RL (M~TI~ AN ~DI~E ~ THE CITY C~ SI~) DISTRICT; ~ID ~O B~ eEACH, FL~I~ ~ENDt~ ~LE ill, ~A~I~TI~, pose of securing this advertisement for publication TEE ~, ~LUY ~ in said newspapers. ~UP~.T~ ~ IN.CE- / · ~ FOR ~N~ C~RT ClTATI~ ~ FINE C~ KHE~E; lNG A ~Vl~ C~; - I~ A GENE~L REP~ER C~U~; PR~gG AN EF~EC. TIVE ~TE. Sworn to and subscribed before me this P~ ~ ~ ~ ~, c~ day of (* -~ A.D. 19 ~.~~ ~ ~. ~ ~ F.S. CI~ ~ DE~RAY BEACH C~ C~ THE N~ (Seal, Notary Public, State of Florida at large) My Commission expires 19 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY I~NAGER~ SUBJECT: AGENDA ITEM ~ ~O~, - MEETING OF SEPTEMBER 10, 1991 ORDINANCE NO. 49-91 DATE: September 6, 1991 This is a second reading and second public hearing of an ordinance amending the Land Development Regulations to provide for commercial activities and businesses upon publicly owned lands as a conditional use in the Community Facilities (CF) zoning district. This proposed ordinance is in anticipation of a request which would allow use of public facilities at Veterans Park for the conduct of a commercial operation. Although this item is being considered due to that potential land use request, it would also apply to other public lands throughout the City. The Planning and Zoning Board at their July 15th meeting recommended approval. Recommend consideration of Ordinance No. 49-91 on second and final reading. ORDINANCE NO. 49-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT", SUBSECTION 4.4.21(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING A NEW SUB-SUBSECTION 4.4.21(D) (3) TO PROVIDE FOR COMMERCIAL ACTIVITIES AND BUSINESSES UPON PUBLICLY OWNED LANDS AS A CONDITIONAL USE, AND RENUMBERING SUB-SUBSECTIONS 4.4.21(D) (3) THROUGH 4.4.21(D) (12) AS 4.4.21(D) (4) THROUGH 4.4.21(D) (13); PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. 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 4.4.21, "Community Facilities (CF) District", Subsection 4.4.21(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, be, and sub-subsections 4.4.21(D) (3) through 4.4.21(D) (12) are renumbered to 4.4.21(D) (4) through 4.4.21(D) (13), and a new sub-subsection 4.4.21(D) (3) is hereby enacted to read as follows: (3) Conduct of commercial activities and businesses of a permanent nature upon publicly owned lands. 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 be and the same 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 , 1991. MAYOR ATTEST: City Clerk First Reading Second Reading OF DELRAY BEACH NOTICE OF PEFIMITTED USE CHANGE ORDINANCE NO. 49-91 The City of Delray Beach proposed to change the permitted use of land within the area shown in the map in this advertisement. The proposed change is as follows: (1) Amending the CF (Community Facilities) Zoning District to provide for conduct of commercial activities and businesses of a permanent nature upon publicly owned lands. ZONING DISTRICT MAP ......... DELRAY BEACH, FLORIDA ...~ ATLANTIC CF - COMMUNITY FACILITY ZONING DISTRICT ~ iF---,:_: The City Commission will conduct Public Hearings on the proposed changes on August 27, 1991, and on September 10, 1991, at 7:00 P.M., in the City Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, for the purpose of receiving public comment. All interested citizens are invited to attend this public hearing and comment upon the proposed permitted use change. The proposal may be inspected at the Planning Depart- ment Office, City Hall, 100 NW 1st Avenue, Delray Beach, Florida 33444, Phone 407~ 243-7040, betweeen the hours of 8:00 A.M. and 5:00 P.M., on weekdays (excluding holi- days). Please be advised that if a person(s) decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such per- son(s) will need a record of these proceedings, and for this purpose such person(s) may need to ensure that a verbatim record of the proceedings is made, which record in- Oludes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. PUBLISH: CITY OF DELRAY B~CH ~. #1ray Beach News Alis°n MacGr'eg°r Harty,: ~i~) gust 21, 1991 City Clerk ptember 6, 1991 321457 : BENCH [lTV OF DELRII¥ CITY ATTORNEY'S OFFICE (407) ~43-70~2 MEMORANDUM ..~-~- Date:' September 10, 1991 To: City Commission From: Jeffrey $. Kurt~, City Attorney Subject: Proposed Ordinance No. 49-91 Amending Community Facilities Zoning District ThLs ordinance has engendered a great deal of controversy, especially in regards ~o how It might af£ect the proposed cruise boat operation in veteran's Park and the ordlnance's interplay with the open space recreational land use designation. The 'reason for. the interplay is that any new land use must pass two threshold tests. The first question is whether the propoped use is consistent with the land us.e designation that has been applied to the property and the second question is whether or not the use is permitted within the zoning designation. In addition, within the Zoning Code, there.is the ability to Impose more control over particular uses while still permitting them through the conditional use process. In the case of the cruise boat operation, the Commission determined correctly that it primarily serves a recreational function and would be consistent with the open space recrea- tional land use designation. It is consistent despite the fact that one would be charged money for going on the boat just as it has been consistent with the open space land use designation for charter boats to .pick up and drop off passengers at that location and it is consistent for the City or its licensee, manager or independent purchaser of the golf course to operate a profitable golf business at the municipal golf course under the open ~pace recreational land use designation. The commer¢£al aspect of such activities along with the fees charged for shuffleboard and lawn bowling do not change the essence of such activ~ties from recreational =o commercial. Having determined that such uses are consistent with the land u~e plan, one must look to see if they are permitted within the zoning classification. It is interesting to note that there are three land use designations; the Conservation District; the City Commission September 10, 1991 .. Page 2 Open Space District; and the Community Facilities District,. which may be appropriate under the open space recreational land use designation. Of those three zoning classifications, the most permissible is the Community Facilities District. That is the particular zoning classification that has been placed on Veteran's Park. The Community Facilities District is an interesting designation because it has been determined to be consistent with all land use designations and as such, one can see the interplay between the land use plan and the zoning designations in that a ~irestation or City Hall while contemplated w/thin.the CF Zoning District would n~t be able to be placed at Veteran's Park site because such use is not consistent with the open space recreational land use designation. Nonetheless, the CF Zoning District does allow a wide variety of uses that are consistent with the open space recreational land use designation. The intent o~ the proposed ordinance was to make uses that have a commercial aspect to them conditional uses so as to impose upon such uses more rigorous review and control by the Commission and the public at large. It was felt that this additional control may be important because of the commercial aspects to many of these activities. Unfortu~a~ly, however, Ordinance NO. 49-91 was inartfully drafted and raised concerns about unrealistic uses in areas that would not be affected and also raised legitimate questions about how broadly this could be construed. It is therefore the Planning Director's and my recommendation that Ordinance No. 49-91 be voted down and the decision on whether to change such uses from their permitted status to conditional use status be more fully debated and discussed by the Planning and Zoning 'Board, in conjunction with its review and possible modification of the entire community facilities' concept and zoning district. As to the potential cruise boat operation, it remains a viable use at Veteran's Park as such a cruise boat operation would fall within principle uses and structures allowed by Subsection 4.4.21(B)(3) which allows: "Parks and recreation facilities such as: community centers, parks, ballflelds, tennis courts, swimming centers, golf courses which are open to the public". The establishment o£ such use would obviously be contingent and controlled by the Commissions accepting an appropriate license or lease for such operation as the owner of Veteran's Park. FZTY aTT~a~NE",,"'S O~"z'ICE TEL ~,Jo 407 "-?:, .... '= - =,... 47== ,=p !~-: ..~ : 1 : ,:,I City Commtss~on September 10, 1991 Page 3 Should you have any questions concerning this mat~er, please do not hesitate to contac~ our office. JSK:sh cc: David Harden, City Manager David Kovacs, Planning and zoning Director CFDIST.txt Prepared statement by Kathy Stokes, resident of Delray Beach, presented on September 10, 1991, at a hearing before the Delray Beach City Commission on proposed Ordinance 49-91. This is my last chance to try to convince you to vote against passage of this Ordinance to allow commercial as a conditional use in the parks and on school grounds. The amendment was originally proposed in order to allow a commercial cruise boat operation in Veterans Park. It now seems unlikely that the boat will be allowed to operate. Based on the letter from DER which I forwarded to you on Friday, the DER permit for the seawall "was issued for a dock intended for day use only." This means the boat cannot operate in the park unless the City seeks a modification of the permit. Based on a report by the City's consultant, it will be difficult, if not impossible, to get this modifica- tion. The concession stands at Miller Park and Currie Commons and any future one at Pompey Park should be for the use of non-profit civic groups to raise money for local charities. A concession stand run by a business operator won't tolerate competition from civic groups. I have seen this happen in a county park setting where the concessionaire forced the sponsoring charity to stop selling beverages from its own booth because of the competition. There is strong opposition to commercial at the beach parks (see the attached pages from the most recent newslet- ter of the Beach Property Owners' Association). Delray's beach is a special place -- let's not have the potential for future City Commissions to turn it into another Daytona. You have heard repeated opposition to allowing commer- cial activities in Barwick Park, which is a passive park. Itve talked to Mr. Huki11 at the School Board, and he tells me that any requests for commercial activities on school grounds will be turned down. He also volunteered that no commercial activities are allowed at Old School Square because the School Board sold the elementary school to the City at $500,000 below market with the stipulation that the school be used only for public purposes. However, he said the School Board would not oppose this ordinance be- cause it was to their advantage. When Carver Middle School is abandoned, the school grounds will be worth more on the market because of the availability of a commercial use. hate to see this potential for commercial in the middle of a residential neighborhood, and this ordinance has no limit on the kind of commercial that could be approved. I hope we aren't abandoning that neighborhood along with the school. Finally, this proposed ordinance is inconsistent with the land use description for recreational land in the Com- prehensive Plan. For all the above reasons, I respectfully ask you not to pass this ordinance. -3- This proposed amm~ment is loosely modeled after the famed Califor~ Proposition 13, which in 1978 limited tax increases until property is sold but also rolled back property assessments to 1975 levels. ~hat rollback may sound very good to vict/ms of this I~ar's increases, but acco~ to an editnr of the San Fra~is~ Chzunicle with when we spoke, it has been a d~-~cer for tbs State of CaliforD~, wb~_~-~e a high p~oportion of counties and cit/es a=e close to b~%krup~y. The 3% annual limitation of increase does se~ to have merit. It would ~t people f~u being ta~d out of their hc~es, as~now can happen. Older people (and scme i~ung people) who have relatively fixed ~ and w~ live in hcmes which in Tzopic Isles, a waterfront cc~mmity with lots of for-sale signs resulti~ the shocking, unem~cted large increase. Not ~ a~rees, however; officials of the Florida League of Cities say it ~ould makro p~0erty ta~s ~ more unfair, as people who buy new houses ~d pa~'a 8{-~o~o~xmate share of the petition to be signed by Florida ~ m~u~rs and z~cuzz~d to an ~W~ress It hasn't km~n an easy s~m~r for goveu.,~-,,~ we~i~ Ir'has been clear that a majority of the City Olmmdssi~n is detexmuh~ed' to allow a 250 passen~3er ccmm~zc{a] emcursion boat to dock pe=manently at Veteran's Pazk, Close by the Atlantic Avem,e bridge. Because of the constraints of the City's Om~ehensive ?and Use Plan, only recreation! land uses can be pexmitted in the park, so the city is c~] ]~ng the c~,~rcial boat a recreation] use, and a]~o has decided that hot an ozdinance to allow c~arc~a] as a condit/onal use in city parks (zoned CF for Cc~mmity Facility). None of this is f~ ]~=t because legal niceties have the c~acter of our bm~ch parks changed 4ra~J=a/ly if ~~ vendors are take pleasure and pride in the ex/st/rig character of our beach and parks, and agree with us that it should not be changed. Therefore we have given up on tryin~ to preempt cc~merc~] uses in the CF zoning zon/ng of the parks to retch the Open Space z~ of the public beach itself, which ~uld not allow cc~-cial uses. ~he city's Plann/n~ Director, ~, ~nts th~ reverse -- to mak~ the public beach, the 1 1/4 mile strip, a CF zo~ to be the same as all the other beach parks currently are. We think our solution will see how it goes. We hoge not to have to ask you to write 5 or 6 hundred le:ters to city C~;-~saloners on the subject. We haven't ~ to do that in a very long t/me -- about 17 years. ~ that Atlantic Avenue was ton up to do the job, with limited driving lanes, at the same t/me the 8th Stxeet bridge was closed for reI?i~s. We asked the city to thought of checking for bridge rep?irs. Also not so good ~s the city's first in~ide~ of a bust u~rground ~ which caused a boil-~ter alert for two days.. Without previous experience, the notificat/mn process for ~ater users w~s poor but city officials tell us they now Good is the fact that a team of foreign and '"~iCan ~, looking for absolutely the ~rst sewer pipes they could find, used an i experimental s~alant to ~sfully repair leaki~ ~ pip~ on Andre~ A~. ~ ~ Fumed a ~~ mix of chemicals into the pipes in Y~vch, and the re%?~ed pipes have been holding up very well. It is the first time the European technology has been used in North America. We are proud that they came~to Del~aY ~=~ch because of our undesirable effect on the sewage treatment ?]ant. ~esealant systen could be blocked off for fear the road might collapse under ~the ~ight of an autumobile when an undergzom~ leak ~ak~ned the road. It w~s~ dug~ ,,up and Z~pa{~ed. N~te.- Veteran's Park ~ ] ] be redesigned as one of th~ Decade of E~ll~ Fzojects. ~e design/s a rotter of ~=e ~on~ ar~ ~- not ~t been regularly Join in activities at the ~%dult Recreatic~ facility there that I~u may tr~d~_~--~]]y been there. 1~.l'i~.,~i'.~ch H. Matthews Ex~cuti~ Director August 27, 1991 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~ IO~ - MEETING OF AUGUST 27, 1991 ORDINANCE NO. 49-91 DATE: August 7, 1991 This is a first reading and first public hearing of an ordinance amending the Land Development Regulations to provide for commercial activities and businesses upon publicly owned lands as a conditional use in the Community Facilities (CF) zoning district. This proposed ordinance is in anticipation of a request which would allow use of public facilities at Veteran's Park for the conduct of a commercial operation. Although this item is being considered due to that potential land use request, it would also apply to other public lands in the CF zoning district throughout the City. The Planning and Zoning Board at their July 15 meeting recommended approval. Recommend consideration of Ordinance No. 49-91 on first reading and first public hearing. ORDINANCE NO. 49-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT", SUBSECTION 4.4.21(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING A NEW SUB-SUBSECTION 4.4.21(D) (3) TO PROVIDE FOR COMMERCIAL ACTIVITIES AND BUSINESSES UPON PUBLICLY OWNED LANDS AS A CONDITIONAL USE, AND RENUMBERING SUB-SUBSECTIONS 4.4.21(D)(3) THROUGH 4.4.21(D) (12) AS 4.4.21(D) (4) THROUGH 4.4.21(D) (13); PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. 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 4.4.21, "Community Facilities (CF) District", Subsection 4.4.21(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, be, and sub-subsections 4.4.21(D) (3) through 4.4.21(D)(12) are renumbered to 4.4.21(D)(4) through 4.4.21(D) (13), and a new sub-subsection 4.4.21(D) (3) is hereby enacted to read as follows: (3) Conduct of commercial activities and businesses of a permanent nature upon publicly owned lands. 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 be and the same 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 , 1991. MAYOR ATTEST: City Clerk First Reading Second Reading Prepared statement by Kathy Stokes, resident of Delray Beach and Co-chair of the Recreation and Open Space Task Team for the Comprehensive Plan, presented on August 27, 1991, at a hearing before the Delray Beach City Conm~ission on proposed Ordinance 49-91 which contains an amendment to the allowable conditional uses in the CF Zone District. I am opposed to this proposed LDR amendment to the CF Zone District which includes the City's parks. I am opposed to business and commercial activities of a permanent nature in the City's parks. I believe, as I have repeatedly testi- fied, that this amendment is inconsistent with the descrip- tion of the land use for recreation, open space and conser- vation that is contained in the Future Land Use Element of the Comprehensive Plan. That description states that "Il]and shown under this designation shall not be used for any purpose other than recreation, open space, or conserva- tion.'' The Director of Planning and Zoning has argued on sev- eral occasions that this LDR amendment will actually offer better protection of the parks than the current LDR. He ar- gues that the proposed LDR amendment will protect the parks from commercial encroachment by requiring the City to con- duct a conditional use hearing before authorizing such com- mercial activities. This argument is apparently based on the proposition that "home rule" overrides the City's Com- prehensive Plan since the City's existing Comprehensive Plan does not allow commercial activity in the parks. This poli- cy in the City's existing Comprehensive Plan not only makes the proposed LDR unnecessary but also inconsistent with the Plan. While the argument that the proposed LDR is designed to protect the parks has surface appeal, it is simply flawed. The fallacy of this argument is that if "home rule" is in- deed paramount to the Comprehensive Plan, there is nothing to keep the City Commission from waiving the proposed LDR amendment or any other LDR it found inconvenient and doing as it pleases. Under Mr. Kovacs' argument, the City Commission could even use Section 30.15(A) to waive a LDR in order to achieve a result that was in conflict with the Comprehensive Plan. Furthermore, Section 30.15(A) does not put any restrictions on the Commission's ability to waive ordinances. For exam- ple, on tonight's agenda the Planning and Zoning Director is asking the Commission to waive the back-out parking LDR for Currie Commons and Veterans Park. I firmly believe Mr. Kovacs' argument is misplaced, and that the correct theory is that "home rule" cannot be used to subvert the Comprehensive Plan. This view is based on the statutory intent of the Growth Management Act as well a number of conversations I have had with various individu- als. While the proposed LDR amendment does nothing to pro- tect the parks from the "home rule" argument, I recognize that the question of which theory is correct can only be conclusively decided by the DCA or the courts. ......... CITY 'OF DELRAY BEACH TICE OF PERMITTED USE CHANGE ORDINANCE NO. 49-91 The City of Delray Beach proposed to change the permitted use of land within the area shown in the map in this advertisement. The proposed change is as follows: (1) Amending the CF (Community Facilities) Zoning District to provide for conduct of commercial activities and businesses of a permanent nature upon publicly owned lands. ZONING DISTRICT MAP ·: DELRAY BEACH, FLORIDA c~. '-, ,~ PR£PAI~ED kY THE DFLRAY BEACH PLANNING DEPARTMENT i % use of it. The District [es and ~ owned ATLANT~ AVl. .3roposed amission Beach, ! ~.:_ hearing = .~roposal ~ ~ Hall, ....... ~ Phone: I CF - COMML~NITY FACILITY ZONING DISTRICT ,PI., On The City Commission will conduct Public Hearings on the proposed changes on August ~.al any 27, 1991, and on September 10, 1991, at 7:00 P.M., in the City Commission Chambers matter at City Hall, 100 N.W. 1st Avenue,. Delray Beach, Florida, for the purpose of receiving L need a ~-rson (s) public comment. Lngs is All interested citizens are invited to attend this public hearing and comment upon the ~n which proposed permitted use change. The proposal may be inspected at the Planning Depart- prepare ment Office, City Hall, 100 NW 1st Avenue, Delray Beach, Florida 3,?.d~4, Phone 407/ 243-7040, betweeen the hours of 8:00 A.M. and 5:00 P.M., on weekdays (excluding holi- days). ~.CH Please be advised that if a person(s) decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such per- ** ******...... son(s) will need a record of these proceedings, and for this purpose such person(s) may need to ensure that a verbatim record of the proceedings is made, which record in- 're headline cludes the testimOny and evidence upon which the appeal is to be based. The City does not provide or prepare such record. ClTY OF DELRAY BEACH .~ legal PUBLISH: Alison MacGregor Harty Delray Beach News City Clerk Augu September 5, 199I MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY I~NAGER~}~ SUBJECT: AGENDA ITEM ~ ~O~ - MEETING OF AUGUST 13, 1991 ORDINANCE NO. 49-91 DATE: August 7, 1991 Second reading and public hearing on this ordinance was deferred at your July 23rd meeting. This is a second reading of an Ordinance amending the Land Development Regulations to provide for commercial activities and businesses upon publicly owned lands as a conditional use in the Community Facilities (CF) zoning district. This proposed ordinance is in anticipation of a request which would allow use of public facilities at Veteran's Park for the conduct of a commercial operation. Although this item is being considered due to that potential land use request, it would also apply to other public lands throughout the City. Alternatively, along with the conditional use request associated with this item, another option has been provided. Should the Commission decide not to approve this ordinance on second reading, the proposed use - commercial boat and ticket sales could be declared a recreational function; and thus, the boat could continue to operate at Veteran's Park. The Planning and Zoning Board at their July 15 meeting recommended approval. Recommend consideration of Ordinance No. 49-91 on second and final reading. ORDINANCE NO. 49-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT", SUBSECTION 4.4.21(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, F~ORIDA, BY ADDING A NEW SUB-SUBSECTION 4.4.21(D) (3) TO PROVIDE FOR COMMERCIAL ACTIVITIES AND BUSINESSES UPON PUBLICLY OWNED LANDS AS A CONDITIONAL USE, AND RENUMBERING SUB-SUBSECTIONS 4.4.21(D) (3) THROUGH 4.4.21(D) (12) AS 4.4.21(D) (4) THROUGH 4.4.21(D) (13); PROVIDING A SAVING CLAUSE; PROVIDING A 'GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. 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 4.4.21, "Community Facilities (CF) District", Subsection 4.4.21(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, be, and sub-subsections 4.4.21(D) (3) through 4.4.21(D) (12) are renumbered to 4.4.21(D) (4) through 4.4.21(D) (13), and a new sub-subsection 4.4.21(D) (3) is hereby enacted to read as follows: (3) Conduct of commercial activities and businesses of a permanent nature upon publicly owned lands. 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 be and the same 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 , 1991. MAYOR ATTEST: City Clerk First Reading June 25, 1991 Second Reading CITY COMMISSION DOCUMENTATION TO: DAVID HARDEN, CITY MANAGER DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF AUGUST 13, 1991 ORDINANCE 49-91~ COMMERCIAL USES IN C.F. ZONING ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of Ordinance 49-91 on second and final reading. BACKGROUND: This item was considered at the last meeting of the City Commission but action was deferred pending further review by the Planning and Zoning Board. PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board formally reviewed this item at a special meeting held on July 29th. The item was framed to the Board in the following manner: "should such uses be characterized as 'recreational' and not require consideration under land use processing as opposed to enacting the proposed change?" The Board reviewed the material previously prepared by Kathy Stokes and Betty Matthews. On a 5-0 vote, the Board reaffirmed its previous position and recommendation that the proposed text amendment be adopted i.e. to add "commercial uses on public property" to the list of permissible conditional uses in the C.F. Zone District. The Board also made the finding that such an action is not inconsistent with the Comprehensive Plan. In a separate action, the Board directed that modifications pertaining the title and the purpose statement of C.F. Zone District be placed before them for review and recommendation to the City Commission. City Commission Documentation Ordinance 49-91, Commercial Uses in CF ZOning Page 2 DISPOSITION OF ASSOCIATED ISSUE: WATERWAY CRUISE REQUEST Affected by the decision made on Ordinance 49-91 is the disposition of the request by Stillwater Cruise to operate a sightseeing cruise from Veteran's Park (zoned CF). This item may be handled in one of two ways. These are: (1) Approve Ordinance 49-91 and then approve the conditional use request which is appropriately before the Commission as sub-item 1. (2) Reject Ordinance 49-91 and direct that the item be brought forwarded concurrent with the other modifications to the C.F. Zone District which the Planning and Zoning Board has under consideration. Then declare that the proposed sightseeing cruise boat operation is a recreational activity and as such is allowed as a principal use similar to parks and recreational facilities and other types of facilities which are allowed within the CF zone district. Under this approach no specific land use approval would be required and action on the conditional use application becomes moot. Such a consideration is agendized as sub-item 2. RECOMMENDED ACTION: By motion, act either in line with option 1 or 2. Since there may be legal considerations, given the stated intent of Mrs. Stokes to pursue challenges to actions taken which would accommodate the boat operation, I defer to the City Attorney as to the most appropriate alternative to pursue at this time. DJK/#CCCF.txt MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERial"[ SUBJECT: AGENDA ITEM ~ IO.~. [.- MEETING OF AUGUST 13~ 1991 REQUEST FOR CONDITIONAL USE APPROVAL/BOAT CRUISE OPERATION DATE: August 7, 1991 We have received a request for conditional use approval to allow a boat cruise operation at Veteran's Park. A similar request was previously before the Commission for conditional use approval to operate a cruise operation and ticket sales on the east side of Palm Square, just south of East Atlantic Avenue. The Commission denied that request. Subsequently, in order to assess potential impacts of noise, disruptions, and congestion, the Commission did approve a temporary mooring permit for Stillwater Cruises to operate adjacent to Veteran's Park. The applicant has apparently abandoned seeking use approval south of the Atlantic Avenue Bridge. Thus, the only consideration now before the Commission is that of allowing the use at Veteran's Park. Alternatively, along with this request, another option has been provided. Should the Commission decide not to approve Ordinance No. 49-91 the conditional use request would become moot. Therefore, in order for the boat operation to continue at Veteran's Park, it would have to be determined to be a recreational function by the Commission. The Planning and Zoning Board at their July 15th meeting recommended approval of the conditional use request (5-0 vote/ Beer and Felner absent), subject to conditions. At that time opposition was heard against the conditional use request. Prepared statement by Kathy Stokes, resident of Delray Beach and Co-chair of the Recreation and Open Space Task Team for the Comprehensive Plan, presented on August 13, 1991, at a hearing before the Delray Beach City Commission on proposed Ordinance 49-91 which contains an amendment to the allowable conditional uses in the CF Zone District. Pursuant to Florida Statute 166.041(1)(c)2. (photocopy at- tached), the State requires certain procedures be followed for adoption of an ordinance initiated by a governing body or its designee which substantially changes permitted use categories in zoning districts. In cases in which the pro- posed ordinance deals with more than 5 percent of the total land area of the municipality, there are specific require- ments for the governing body regarding public notice and hearings. If this proposed amendment is approved by the City Commis- sion tonight, the governing body of Delray Beach will have failed to follow two requirements of this statute. Further- more, if passed, I believe the City has adopted an LDR amendment which is incompatible with the objectives and pol- icies of the Comprehensive Plan. If I am not permitted to complete my presentation, I hereby request that this prepared statement, a copy of which I have handed to the City Clerk and copies of which I have already distributed to the City Commissioners on Monday, August 12, 1991, be made part of the minutes of this meeting. Section 166.041(1)(c)2 of the Florida Statutes applies to this proposed ordinance because the amendment substantially changes the permitted use categories in the Community Facil- ities (CF) Zone District by adding the conditional use of commercial activities and businesses of a permanent nature on publicly owned lands. It also applies because the pro- posed ordinance deals with more than 5 percent of the total land area of the municipality. The CF Zone District in- cludes all the recreational areas (except the 1.4 mi beach, water bodies and the scrub property), all governmental fa- cilities and public buildings, schools, hospitals and churches in the City. While it might be argued that the statute should be con- strued narrowly to apply only to the area within the Zone District that is effected by the proposed amendment, I be- lieve this is an incorrect interpretation of the statute. However, even based on this narrow reading of the statute, this proposed ordinance is subject to the requirements of the statute because the land involved still exceeds 5~ of the land area of the municipality. This 5~ test is met on the narrow reading because the amendment proposes to add to the CF Zone District the conditional use of commercial ac- tivities and businesses of a permanent nature upon publicly held land. Publicly held land in the CF Zone District in- cludes at least the following: All parks (except the t.4 mi. beach and water bodies) Golf course All public schools and grounds Municipal parking lots Fire/police stations Municipal public buildings, maintenance areas and vacant land owned by the City Public utility facilities Courthouse and the County facilities on Congress Ave. Old School Square Furthermore, in situations where a controversy may arise over this or other statutes whose applicability is based on land area coverage, the staff report provided by the City's Planning and Zoning Department should clearly ad- dress the issue rather than putting the burden of proof on the citizenry, the City Clerk's Office or the City Attorney. Since Section 166.041(1)(c)2 of the Florida Statutes clearly applies in this case, the City Commission must hold two properly noticed hearings regarding this proposed amend- ment change. The hearing held on July 23, 1991, was not properly noticed pursuant to this statute, and, as further requried by the statute, the City Attorney failed to an- nounce at that hearing the date, time and place of the sec- ond hearing. Consequently, if properly noticed, the hear- ing tonight would only represent the first of the two hearings required, and the City Commission may not vote to approve the proposed amendment tonight. While the notice for tonight's hearing represents a significant improvement over that for the July 23rd meeting, it is still a case of "The Good, the Bad, and the Unfortu- nate'' (with apologies to Clint Eastwood). "The Good" is the notice for tonight's hearing meets the quarter-page size re- quirements contained in the statute. "The Bad" is that the geographic location map supplied by the Planning & Zoning Director for use in the advertisement does not meet the statutory requirements that the map clearly indicates the area covered by the proposed change. The statute requires a detailed map because the alternative in lieu of advertising is to mail notices to each person owning real property with- in the area covered by the ordinance ( Sect ion 166.041( 1 )(c)2.c. ) The City's notice for this hearing has a map that contains only the municipality's boundaries (see attached photocopy). In contrast, let me show you a notice for a permitted use change published by the City of Boynton Beach that meets the statutory requirement because the map clearly indicates the area covered by the proposed ordinance by highlighting the effected zone district (see attached photocopy ). "The Unfortunate" is that the not ice for tonight's hearing is deficient, and as a result, the City needs to start over again. In closing, I would like to remind you as I stated at the hearing of 3uly 23, 1991, that, as substantially affect- ed person, I believe that this LDR amendment is incompatible with the policy in the Recreation and Open Space Land Use that "[1land shown under this designation shall not be used for any purpose other than recreation, open space, or con- servation, and I have a right of petition to have an admin- istrative review by the DCA. Even if the City starts over again and complies with the notice and hearing process re- quired by the statute, I still plan to file a petition with the DCA once the City Commission has approved the amendment. F.S. 1989 MUNICIPAUTIES Ch. 166 tO the electors of said municipality a proposed amend- or amended by reference to its title only. Ordinances to ment to its charter, which amendment may be to any revise or amend shall set out in full the revised or amend- part or to all of said charter except that part describing ed act or section or subsection or paragraph of a section the boundaries of such municipality. The governing or subsection. body of the municipality shall place the proposed (3)(a) Except as provided in paragraph (c), a pro- amendment contained in the ordinance or petition to a posed ordinance may be read by title, or in full, on at vote of the electors at the next general election held least 2 separate days and shall, at least 10 days prior to within the municipality or at a special election called for adoption, be noticed once in a newspaper of general cir- such purpose, culation in the municipality. The notice of proposed en- (2) Upon adoption of an amendment to the charter actment shall state the date, time, and place of the of a municipality by a majority of the electors voting in meeting; the title or titles of proposed ordinances; and a referendum upon such amendment, the governing the place or places within the municipality where such body of said municipality shall have the amendment in- proposed ordinances may be inspected by the public. corporated into the charter and shall file the revised The notice shall also advise that interested parties may charter with the Department of State, at which time the appear at the meeting and be heard with respect to the revised charter shall take effect, proposed ordinance. (3) A municipality may amend its charter pursuant to (b) The governing body of a municipality may, by a this section notwithstanding any charter provisions to two-thirds vote, enact an emergency ordinance without the contrary. This section shall be supplemental to the complying with the requirements of paragraph (a) of this provisions of all other laws relating to the amendment of subsection. However, no emergency ordinance shall be municipal charters and is not intended to diminish any enacted which enacts or amends a land use plan or substantive or procedural power vested in any munici- which rezones pdvate real property. pality by present law. A municipality may, by ordinance (c) Ordinances initiated by the governing body or its and without referendum, redefine its boundaries to in- designee which rezone specific parcels of private real clude only those lands previously annexed and shall file property or which substantially change Rermitted use said redefinition with the Department of State pursuant categories in zoning districts shall be enacted pursuant to the provisions of subsection (2). to the following procedure: (4) There shall be no restrictions by the municipality 1. In cases in which the proposed rezoning or on any employee's or employee group's political activity, change in permitted use involves less than 5 percent of while not working, in any referendum changing employ- the total land area of the municipality, the governing ee rights, body shall direct the clerk of the governing body to noti- · (5) A municipality may, by unanimous vote of the fy by mail each real property owner whose land the mu- governing body, abolish municipal departments provid- nicipality will rezone or whose land will be affected by ed for in the municipal charter and amend provisions or the change in permitted use by enactment of the ordi- language out of the charter which has been judicially nance and whose address is known by reference to the construed to be contrary to either the state or federal latest ad valorem tax records. The notice shall state the constitution, substance of the proposed ordinance as it affects that m#~/.-,. ~. c,. 73-~29: s. ~. c~. ~-9s. property owner and shall set a time and place for one 166.032 Electora,--Any person who is a resident of or more public hearings on such ordinance. Such notice a municipality, who has qualified as an elector of this shall be given at least 30 days prior to the date set for the public hearing, and a copy of the notice shall bo kept state, and who registers in the manner prescribed by general law and ordinance of the municipality shall be available for public inspection during the regular busi- a qualified elector of the municipality. . ness hours of the office of the clerk of the governing ~.-,. 1, c,. ~3-1a. body. The governing body shall hold a public hearing on the proposed ordinance and may, upon the conclusion 166,041 Procaduree for adoption of ordinancee of the hearing, immediately adopt the ordinance. and resolutions.-- 2.' In cases in which the proposed ordinance.deals (1) As used in this section, the following words and with more than 5 percent of the total land area of the mu- terms shall have the following meanings unless some nicipality, the governing body shall provide for public no- other meaning is plainly indicated: tice and hearings as follows: (a) 'Ordinance" means an official legislative action of a. The local governing body shall hold two adver- agoverning body, which action is a regulation of a gen- tised public hearings on the proposed ordinance. Both eral and permanent nature and enforceable as a local headngs shall be held after 5 p.m. on a weekday, and ~w. the first shall be held approximately 7 days after the day {b) 'Resolution' means an expression of a governing that the first advertisement is published. The second ~ concerning matters of administration, an expres- hearing shall be held approximately 2 weeks after the sm el a temporary character, or a provision for the dis- first hearing and shall be advertised approximately 5 position of a particular item of the administrative busi- days prior to the public hearing. The day, time, and ~ess of the governing body. place at which the second public hearing will be held (2) Each ordinance or resolution shall be introduced shall be announced at the first public hearing. a writing and shall embrace but one subject and mat- 13. The required advertisements shall be no less ~s properly connected therewith. The subject shall be than one-quarter page in a standard size or a tabloid marly stated in the title. No ordinance shall be revised size newspaper, and the headline in the advertisement 1007 Ch. 166 MUNICIPALITIES F.S, lgSg shall be in a type no smaller than 18point. The advertise- (1) The governing body of each municipality may merit shall not be placed in that portion of the newspa- designate its agents or employees as code inspectas per where legal notices and classified advertisements whose duty it is to assure code compliance..Any parsee appear. The advertisement shall be published in a news- designated as a code inspector may issue citations f0~ paper of general paid circulation in the municipality and violations of municipal codes and ordinances, respec. of general interest and readership in the community, not lively, or subsequent amendments thereto, when such one of limited subject matter, pursuant to chapter 50. It code inspector has actual knowledge that a violation is the legislative intent that, whenever possible, the ad- has been committed. vertisement appear in a newspaper that is published at (2) Prior to issuing a citation, a code inspector shall least 5 days a week unless the only newspaper in the provide notice to the violator that the violator has com- community is published less than 5 days a week. The mitted a violation of a code or ordinance and shall estab advertisement shall be in the following form: lish a reasonable time period within which the violato~ NOTICE OF ZONING (PERMI'I-rED USE) CHANGE must correct the violation. Such time period shall be no more than 30 days. if, upon personal investigation, The rname c~f local oovernmefltal unit) proposes to rezone code inspector finds that the violator has not corrected (change the permitted use of) the land within the area the violation within the time period, the code inspect0~ shown in the map in this advertisement, may issue a citation to the violator. A code inspects' A public hearing on the rezoning will be held on ~,~.~. does not have to provide the violator with a reasonable a~ time~ at rmeatina ~.ce) . time period to correct the violation prior to issuing a alta- lion and may immediately issue a citation if the code in. The advertisement shall also contain a geographic Ioca- spector has reason to believe that the violation presents lion map which clearly indicates the area covered by the a serious threat to the public health, safety, or welfare, proposed ordinance. The map shall include major street or if the violation is irreparable or irreversible. names as a means of identification of the area. (3) A citation issued by a code inspector shall stale c. In lieu of publishing the advertisement set out in the date and time of issuance; name and address of the this paragraph, the municipality may mail a notice to person in violation; date of the violation; section of the each person owning real property within the area cov- codes or ordinances, or subsequent amendments there ered by the ordinance. Such notice shall clearly explain to, violated; name of the code inspector; and date and the proposed ordinance and shall notify the person of time when the violator shall appear in county court. the time, place, and location of both public hearings on (4) Nothing in this section shall be construed to au- the proposed ordinance, thorize any person designated as a code inspector to (4) A majority of the members of the governing body shall constitute a quorum. An affirmative vote of a majori- perform any function or duties of a law enforcement ofli- ty of a quorum present is necessary to enact any ordi- cer other than as specified in this section. A code in- nance or adopt any resolution; except that two-thirds of spector shall not make physical arrests or take any per. the membership of the board is required to enact an . son into custody and shall be exempt from requiremenls emergency ordinance. On final passage, the vote of relating to the Special Risk Class of the Florida Retire each member of the governing body voting shall be eh- ment System, bonding, and the Criminal Justice Stand- tered on the official record of the meeting. All ordinances ards and Training Commission, as defined and provided or resoluti(:~gs passed by the governing body shall be- by general law. come effective 10 days after passage or as otherwise (5) The provisions of this section shall not apply lo provided thereJn, the enforcement pursuant to ss. 553.79 and 553.80 ol (5) Every o~'dinance or resolution shall, upon its final building codes adopted pursuant to s. 553.73 as they passage, be recorded in a book kept for that purpose apply to construction, provided that a building permit is and shall be signed by the presiding officer and the clerk either not required or has been issued by the municipali- of the governing body. ty. For the purposes of this subsection, 'building codes' (6) The procedure as set forth herein shall constitute means only those codes adopted pursuant to s. 553.73. a uniform method for the adoption and enactment of mu- (6) The provisions of this section may be used by a nicipal ordinances and resolutions and shall be taken as municipality in lieu of the provisions of part II of chapte~ cumulative to other methods now provided by law for 162. adoption and enactment of municipal ordinances and (7) The provisions of this section are additional (x resolutions. By future ordinance or charter amendment, supplemental means of enforcing municipal codes and a municipality may specify additional requirements for ordinances. Except as provided in subsection (6), noth- the adoption or enactment of ordinances or resolutions lng in this section shall prohibit a municipality from eh. or prescribe procedures in greater detail than contained forcing its codes or ordinances by any other means. HIito~.--i. 13, cfi, herein. However, a municipality shall not have the power or authority to lessen or reduce the requirements of this 166.042 Legislative intent.~ section or other requirements as provided by general (1) It is the legislative intent that the repeal by chap- law. ter 73-129, Laws of Florida, of chapters 167, 168, 169, NIslo~y,--i. 1, c11. 73-129; $. 2. cfr. 76-155; s. 2. crt. 77-331; s. 1, cl~. 83-240; $. ~. c~. ~-3o~. 172, 174, 176, 178, 181,183, and 184 of Florida Statutes shall not be interpreted to limit or restrict the powers 166.0415 Enforcement by code inspectors; cita- municipal officials, but shall be interpreted as a recogni- tions.4 lion of constitutional powers. It is, further, the legislative 1008 CITY OF DELRAY BEACH NOTICE OF PERMITTED USE CHANGE' 'he City of Delray Beach proposes to change the permitted use of land vithin the area shown in the map in this advertisement. The proposed ;hange is as follows: 1) Amending the CF (Community Facilities) Zoning District to provide for Conduct of commercial activities and businesses of a permanent na- ture upon publicly owned lands. tted use of sement. The ng District ivities and i ....... ~ licly owned the proposed ~i Commission ~.,o. ,~,. lray Beach, · blic hearing The proposal N.' " City Hall, ~'" ~ 444, Phone: 00 P.M. , on The City Commission will conduct a Public Hearing on the Proposed change on August 13, 1991, at 7:00 P.M., in the City Commission. Chambers at the City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, for the purpose of re- appeal any ceiving public comment, any matter will need a All interested citizens are invited to attend this public hearing and comment, h person (s) upon the proposed permitted use change. The proposal may be inspected at' ceedings is the Planning Department Office, City Hall, 100 N.W. 1st Avenue, Delray e upon which Beach, Florida, 33444, Phone: 4071243-7040, between the hours of 8:00 or prepare A.M~ and 5:00 P.M., on weekdays (excluding holidays). .. ''" '" .... ' '" Pl~a~e be: adViSed that if appear any deci~on,"amde~:.:.:'. ,¥ BEACH by the City Commission with-respect to any matter considered at this'meet-". :.' gor Harty ing or hearing, such person(s) will need a record of these proceedings, and , *** *****, ,.,, **,,, for this purpose such person(s) may need to. ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence nd the headline upon which the appeal is to be based. The City does not provide or prepare such record. where legal Publish: The News CITY OF DELRAY BEACH Boca RatonlDelray Beach/Boynton Beach .. Alison MacGregor Harry August 3; 1'991 " City Clerl(' .., Ad #321625 USES OF LAN The City of Boynton Beach proposes to,change the permitted uses of land so as to permit Adult Entertainment Establishments within the Indus- trial land-use category as set forth in the City's Comprehensive Plan, which is shown in the map in this advertisement, and more particularly, .on the M-I (light Industrial) zoned prope~.,y located within this land-use Category. ~ ' '~ A public hearing on this proposal Will be ~'held before the City Commis- sion on December. 18, 1990 at 6;00 p.m4 or as soon thereafter as the agenda permits. . This public hearing will be i, held in the Commission cham- bers in Boynton Beach City Hall at 100 :ast Boynton Beach Boulevard, Boynton Beach, Florida. .. A'copy of the proposed amendment is av ilable for review by the public in the City's Planning Department~ All interested parties are advised that the~ay appear at these meetings in person or represented by attorney a~.?be heard. Any person who decides to appeal any decision of the Ci~?Commission with respect to any matter considered at these meetings Kill'need a record of the pro- ceedings and for such purpose, ma>, need~° ensure that a verbatim re- cord of the proceedings is made, which[~c°rd includes the testimony and evidence' upon which the appeal is to ~oe based. - ....... ;UZANNE M. KRUSE, CITY CLEI~K : CITY OF BOYNTON BEACH PUBLI~, ~-~.cember 13, 1990 ~" Ad 333865 ~,-~' " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM 9 lOC/ - MEETING OF JULY 23, 1991 ORDINANCE NO. 49-91 DATE: July 18, 1991 This is a second reading of an Ordinance amending the Land Development Regulations to provide for commercial activities and businesses upon publicly owned lands as a conditional use in the Community Facilities (CF) zoning district. This proposed ordinance is in anticipation of a request which would allow use of public facilities at Veteran's Park for the conduct of a commercial operation. Although this item is being considered due to that potential land use request, it would also apply to other public lands throughout the City. The Planning and Zoning Board at their July 15 meeting recommended approval. Recommend approval of Ordinance No. 49-91 on second and final reading. ATTORNEYS AT LAW l~OI NORTHEAST EIGHTH STREET DELRAY ~EACH, ~LO~IDA 33~3- 7289 TELEPHONE (407) 272 -1225 TELECOPIER (~O7) ~72-~42 ROBERT D. CHAPtN LEGAL ASSISTANTS ~AVID Gi ARMSTRONG NAN L. THOMPSON gAMES A. HERB FAYE A. WILLIAMS OF COUNSEL RACHEL ALLEN CYNTHIA C, SEAMAN July 18, 1991 JU£ 1 8 1991 DaVidcity ofT' DelrayHarden'BeachCity Manager CI1¥ OFr/c£ 100 N. W. 1st Avenue Delray Beach, FL 33444 Dear Mr. Harden: Please be advised that I represent the Beach Property Owners Association, Inc. ("BPOA"). The BPOA is concerned that a proposed modification of conditional uses to be allowed in the CF zoning district to include commercial uses could be detrimental to the preservation of the residential and recreational character of the City's public beach, Atlantic Dunes Park, Anchor Park and Sandoway Park. It is my initial understanding that the purpose of allowing commercial uses in the CF zoning district is to permit tickets to be sold for boat rides up and down the Intracoastal on a boat to be docked at Veterans' Park. If the City allows tickets to be sold for a boat to cruise up and down the Intracoastal from Veterans' Park, does that also mean that a hot dog vendor could sell hot dogs in Veterans' Park? Could tickets for balloon rides be sold at Veterans' Park? Has the City Attorney's office determined whether there are any deed restrictions applicable to the Veterans' Park property? The BPOA's concerns about the commercialization of Veterans' Park apply to the public beach, Atlantic Dunes Park, Sandoway Park and Anchor Park as well. It is my understanding the first reading of a proposed ordinance modifying conditional uses to be allowed in the CF zoning district is scheduled to be heard by the City Commission on July 23, 1991. David T. Harden, City Manager July 18, 1991 Page 2 I am taking what I believe to be a well deserved three week vacation, returning to my office on August 9th. On behalf of the Board of Directors of BPOA, I would sincerely appreciate your removing this item from the July 23, 1991 City Commission agenda and rescheduling this matter for a workshop meeting anytime after August 12, 1991. A short postponement of this matter will not adversely effect the oparator of the boat docked at Veterans' Park. It is my understanding that the operator is operating on a temporary arrangement. Presumably that temporary arrangement could be extended a month or two. Thank you for your consideration of this request. Respectfully submitted, RDC\ccs cc: Thomas E. Lynch, Mayor David E. Randolph, Sr., Vice Mayor Jay Alperin, Commissioner William Andrews, Commissioner Armand Mouw, Commissioner Rachel Speicher, President, BPOA Elizabeth H. Matthews, Executive Director, BPOA Sandra Almy, Secretary, BPOA Kathy Stokes, Director, BPOA CITY COMMISSION DOCUMENTATION TO: ~D HA~RDEN , CITY MANAGER FROM: ~'-DAVID J. K VACS, IRECT DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JULY 23, 1991 ORDINANCE 49-91~ CONDITIONAL USES IN CF ZONE DISTRICT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on second reading of an ordinance which adds the following to the list of allowable conditional uses in the Community Facilities C.F. Zone District: "(3) Conduct of commercial aCtivities and businesses of a permanent nature upon publicly owned lands." BACKGROUND: This item was initiated by the City Commission and first reading was held on June 25th. Please refer to that background material for the genesis of the request. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of July 15th. Kathy Stokes and Helen Coopersmith spoke in opposition to the proposed change. Ms. Stokes stated that: (a) The Board was considering the item improperly since the previous City Commission documentation stated that the Board will hear the item on July 22nd. The Director pointed out that the wording in the previous documentation was "It will be reviewed in special session or on July 22nd, as the need dictates, ..." (b) That she protested because the item was not heard as a public hearing and (in her opinion) a public hearing was required. Section 1.1.6 (LDR page 1.1.3) provides that the Planning and Zoning Board makes a recommendation on text changes but that the public hearing is held only by the City Commission. City Commission Documentation Ordinance 49-91 Conditional Uses in CF Zone District Page 2 (c) That there were many legalities involved and that the item should~.not be acted upon. The Planning Director offered the position that by adding the proposed language the City would be under an obligation to go through a public hearing process prior to approving any agreements, licenses, etc. which would establish a commercial operation or business on publicly owned property which is zoned CF. He offered that without such language procedures of the past, which allowed establishment of such issues without regard to land use implications or zoning compliance, may simply continue into the future. Board members did have concerns with eroding of the Community Facilities Zone District and a general (public) perception that CF zoning was strictly for community uses (public buildings and parks) only. The Board then forwarded the proposed language change with a unanimous (5-0, Beer and Felner absent) recommendation of approval. The Board also directed that at its next work session they address (a) the title of the C.F. Zone District and (b) the possibility of restricting the District and, perhaps, bi-fractioning it. RECOMMENDED ACTION: By motion, approval of Ordinance 49-91 on second reading. Attachment: * P&Z Staff Report & Documentation of June 15th * Ordinance provided by others DJK/#82/CCORD.TXT PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JULY 15, 1990 AGENDA ITEM: II.A. Allowable Conditional Uses in the CF Zone District ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission with respect to adding a use to the list of conditional uses in the CF Zone District. The use is mooring and embarkation of a waterway cruise boat. BACKGROUND: During consideration of alternative locations for the Stillwa~er Cruise operation, it was decided to look at the seawall along Veteran's Park. .However, as written, the LDRs do not accommodate such uses in the C.F. zone district. In further review of this situation, it is noted that there are other commercial uses allowed on public property e.g. the lounge chair concession on the beach and, perhaps, the Baseball School operation at Miller Field. Given this boarder application, the City Attorney and the Director of Planning agreed on the proposed language. Attached is the City Commission documentation which was prepared for first reading consideration of the enacting ordinance. Second reading was deferred until July 23rd so that a formal recommendation could be obtained from the Planning and Zoning Board. ANALYSIS: While the code will be changed to accommodate consideration of such uses, the use cannot be established until a duly notice public hearing has been held before the Planning and Zoning Board, approval has been granted, and through separate instrument an agreement entered into between the proprietor and the City Commission. RECOMMENDED ACTION: By motion, recommend approval of adding the proposed language for the conditional use in the C.F. zone district. Attachments: * CC Documentation of June 25, 1991 II.A. CITY COMMISSION DOCUMENTATION TO: DAVID HARDEN, CITY MANAGER DEPARTMENT OF PLANNING AND ZONING ' SUBJECT: MEETING OF JUNE 25, 1991 FIRST READING~ MODIFICATION TO CONDITIONAL USES ALLOWED IN THE CF ZONE DISTRICT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance which adds an additional conditional use to the Community Facilities (CF) Zone District. BACKGROUND: This proposed amendment is in anticipation of a request which would allow use of public facilities at Veteran's Park for the conduct of a commercial operation i.e. mooring and embarkation of a waterway cruise boat. Even thought this item is being considered due to the potential land use request, it also has application to other public lands throughout the City. For example, there is a beach lounge chair concession on the beach which, while grandfathered, could be construed to be at odds with our land use ordinances. Other similar situations also exist. PROPOSAL: It is proposed that the following be added as a conditional ~e. within the CF Zone District: 4.4.21(D)(3) - new and renumber remaining items: (3) Conduct of commercial activities and businesses of a permanent nature upon publicly owned lands. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board has not formally reviewed this item. It will be reviewed in special session'or on July 22nd, as the need dictates, so that a formal recommendation is provided prior to second reading. City Commission Documen~ation First Reading, Modification to Conditional Uses Allowed in the CF Zone District' Page 2 RECOMMENDED ACTION: By motion, approval of this amending ordinance on first reading and establishment of a public hearing date. Attachment: * Ordinance, by others DJK/#83/CCUSE,TXT ORDINANCE NO. 49-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT", SUBSECTION 4.4.21(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING A NEW SUB-SUBSECTION 4.4.21(D) (3) TO PROVIDE FOR COMMERCIAL ACTIVITIES AND BUSINESSES UPON PUBLICLY OWNED LANDS AS A CONDITIONAL USE, AND RENUMBERING SUB-SUBSECTIONS 4.4.21(D) (3) THROUGH 4.4.21(D) (12) AS 4.4.21(D) (4) THROUGH 4.4.21(D) (13); PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. 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 4.4.21, "Community Facilities (CF) District", Subsection 4.4.21(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, be, and sub-subsections 4.4.21(D) (3) through 4.4.21(D) (12) are renumbered to 4.4.21(D) (4) through 4.4.21(D) (13), and a new sub-subsection 4.4.21(D) (3) is hereby enacted to read as follows: (3) Conduct of commercial activities and businesses of a permanent nature upon publicly owned lands. 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 be and the same 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 , 1991. MAYOR ATTEST: city Clerk First Reading June 25, 1991 Second Reading MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~ ~O.C. ~ - MEETING OF JULY 23, 1991 REQUEST FOR CONDITIONAL USE APPROVAL/BOAT CRUISE OPERATION DATE: July 18, 1991 We have received a request for conditional use approval to allow a boat cruise operation at Veteran's Park. A similar request was previously before the Commission for conditional use approval to operate a cruise operation and ticket sales on the east side of Palm Square, just south of East Atlantic Avenue. The Commission denied that request. Subsequently, in order to assess potential impacts of noise, disruptions, and congestion, the Commission did approve a temporary mooring permit for Stillwater Cruises to operate adjacent to Veteran's Park. The applicant has apparently abandoned seeking use approval south of the Atlantic Avenue Bridge. Thus, the only consideration now before the Commission is that of allowing the use at Veteran's Park. The Planning and Zoning Board at their July 15th meeting recommended approval of the conditional use request (5-0 vote/ Beer and Felner absent), subject to conditions. At that time opposition was heard against the conditional use request. A detailed staff report is attached as backup material for this item. CITY COMMISSION DOCUMENTATION TO:~ HARDEN, CITY MANAGER DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JULY 23, 1991 CONSIDERATION OF A REQUEST FOR CONDITIONAL USE APPROVAL TO OPERATE AN INTRACOASTAL BOAT/CRUISE OPERATION AT VETERAN'S PARK ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a conditional use request. Specifically, the use is allowed (see related agenda item re Ordinance 49-91) as "conduct of commercial activities and businesses of a permanent nature upon publicly owned lands". The specific request involves operation of an Intracoastal Waterway boat/cruise operation from Veteran's Park. BACKGROUND: This item has had recent activity and considerations before the City Commission. Please refer to previous documentation regarding a similar request for property south of the Atlantic Avenue Bridge and documentation regarding a temporary mooring permit issued at the Veteran's Park site. Previously the City Commission denied a similar request for a boat operation by the former Bridge Restaurant. Subsequently the Commission suggested, and permitted, Stillwater Cruises to operate from Veteran's Park in order to assess potential impacts of noise, disruptions, and congestion. The applicant has apparently abandoned seeking use approval south of the Atlantic Avenue Bridge. Thus, the only consideration now before the Commission is allowing the use at Veteran's Park. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of July 15th. A public hearing was held and several individuals spoke in opposition. City Commission Documentation Consideration of a Request for Conditional Use Approval to Operate an Intracoastal Boat/Cruise Operation at Veteran's Park Page 2 * Sandra Almy, Vista Del Mar, (representing the BPOA), questioned the size of replacement boat, the adequacy of parking, and evening noise. She suggested that past 10:00 p.m. there be a limit on operations. * Ruth Ellen Harkness, Bar Harbour, stated it was impossible for her to use her apartment due to the manner in which noise travelled across the Intracoastal; cited the insufficient amount of parking; stated the use would destroy her property value; and stated her opposition to a dumpster being located in the park. * Kathy Stokes, noted that the inadequate amount of parking would diminish the ability of citizens to use the park for recreational purposes; was opposed to having commercialization within municipal parks; stated her fear of the destruction of Delray Beach's small town atmosphere. * Pat Graham, Bar Terrace Apartments, stated that there is improper docking of boats in the evening hours and that she would not want that to continue with this proposed operation. * A letter of support from the Atlantic Plaza Merchants Association was read in to the record (copy attached). Board members noted that upon completion of the Veteran's Park renovation, complete with bandshell, that there will be other sources of noise from the park. Some members noted that there are many folks who are seeking more activity in the park than is there presently. Member Krall noted that Stillwater Cruises has been traversing the Intracoastal past the park for many years and there has not been a compliant filed regarding noise from the vessel. There was consensus among the Board that traffic impacts and parking problems were substantially diminished when compared with the earlier proposal; and, that the use would be beneficial for the continuing revitalization of downtown. The Board then, unanimously (5-0) (Beer and Felner absent), forwarded the request with a recommendation of approval pursuant to the statement of findings and conditions of approval as presented in the staff report. RECOMMENDED ACTION: By motion, approval of the conditional use request for Stillwater Cruises to operate from Veteran!s Park pursuant to the findings and conditions of approval as recommended by the Planning and Zoning Board. Attachment: * P&Z Staff Report & Documentation of July 15, 1991 * Letter of July 9th, Galleria Alexander DJK/~82/CCBOAT.TXT PLANNING & ZONING, BOARD CITY OF DELRAY BEACH --- STAFF REPORT--- MEETING DATE: July 15, 1991 AGENDA ITEM: ITI. A. ITEM: Conditional Use Consideration; Waterway Cruise Boat Operation at Veteran's Park CF Zonin . GENERAL DATA: Owner of Boat ................... Captain Daine Mark Owner of Park ................... City of Delray Beach, Florida Agent ........................... Dlgby Bridges, Marsh & Associates Location ........................ On the west side of the Intracoastal Waterway, between E. Atlantic Avenue and N.E. 1st Street. City Land Use Plan .............. Open Space City Zoning ..................... CF (Community Facilities) Adjacent Zoning ................. Land to the north of the subject property is zoned RM (Multi- Family Residential), land to the west and south is zoned CBD (central Business District). Existing Land Use ............... Park Proposed Land Use ......... . ..... Dockage for Dinner Cruise Ship and Ticket Booth. III.A. ITEM BEFORE THE BOARD: The action before the Board is that of making a recommendation on a Conditional Use request to establish a commercial passenger loading area and ticket booth at Veteran*s Park for Stillwater Cruises, pursuant to Section 2.4.5(E). A concept/sketch plan'is accompanying the request. The property is located north of Atlantic Avenue, west of the Intracoastal Waterways at the south end of Veterans Park. Upon approval of the Conditional Use request, the Site Plan approval action will rest with the SPRAB (Site Plan Review and Appearance Board). BACKGROUND: Veteran's Park was platted as part of The Town of Llnton, Block 132, 1986. The property was privately owned between 1871 and 1919. On December 16, 1919, the property was sold to the City of Delray for $3,500.00. The owner was paid $100.00 with the balance due with in 6 months or as soon as City Bonds were sold. In 1923, the property was quit-claimed to the City removing all clouds of title. Prior to October 1990, the property was zoned CBD (Central BusineSs District). The property was then rezoned to CF (Community Facilities) with the City wide rezontng. At its meeting of November 19, 1990, the Planning and Zoning Board made a determination of similarity of use to allow a commercial boat dock as a conditional use in the CBD (Central Business District). The similarity of use was established base~ on the allowable uses within the CBD such as restaurants and places of assembly for commercial entertainment. Initially the site for the boat dock and ticket office use was to be on the south side of Atlantic Avenue in conjunction with the expansion of the parking lot south of the Boyd Building. In order to expand the parking lot, a portion of the property was rezoned from RM (Residential) to CF (Community Facilities) to accommodate the parking lot use. At its meeting of January 28, 1991, the Planning and Zoning Board heard both items, that of the rezoning and the conditional use request to establish a ticket sales office associated with a waterway cruise operation (Stillwater Cruises). There were a lot of issues which accompanied the cruise operation i.e. permits required for the use in the Intracoastal, the stability of the seawall, the traffic impacts etc. The biggest concern was the impact on the surrounding neighborhoods within the Marina Historic District. After long deliberations, the Planning and Zoning Board recommended approval of the conditional use request. P&Z Staff Report Stillwater Cruise Boat Operation - Conditional Use Page 2 At its meeting of March 26, 1991, the City Commission reviewed the request. However, action on the item was deferred as they felt there were too many outstanding issues which needed to be addressed prior to a final decision. At its meeting of May 14th, the City Commission denied the conditional use request to establish a commercial passenger loading area and boat ticket sales on the east side of Palm Square, south of Atlantic Avenue. At its meeting of May 28th, Mayor Lynch suggested that the City Commission entertain,on a temporary basis, the boat use north of Atlantic Avenue at Veteran's Park. This would allow the cruise boat operation a trial period on a month to month basis, using Veteran's Park as a point of dockage. During the trial period the use would be monitored for its impacts. At its meeting of June 4th, the City Commission approved the above agreement for a Pilot Program to permit a Cruise Boat operation at Veteran's Park. PROJECT DESCRIPTION: Stillwater Sightseeing Cruises will berth and operate the boat north of the Atlantic Avenue bridge, adjacent to Veteran's Park. The vessel will carry a maximum of 150 passengers. The vessel will carry passengers everyday north and south on the Intracoastal Waterway for scheduled sightseeing cruises. The vessel will operate Wednesday through Sunday, from 11:00 a.m. to 3:00 p.m. During the season, Stillwater may operate a dinner cruise. The dinner Cruise will leave at 7:00 p.m. and return at 10:00 p.m. Lunch and dinner food will be supplied by a local restaurant or caterer. A ticket office 8' x 10' will be located at the southeast corner of Verteran's Park. The location is being coordinated with redesign of the park. The ticket office will require electrical service. Public restrooms are available at the park and on the boat. A temporary office may be used in the interim. The clientele on board will consist of .families, tourists, group functions, wedding parties, business meetings and retirees. This type of boat operation occurs north at Riveria Beach and south at Ft. Lauderdale. No other boats offer this type of cruise in the area. It is anticipated that the boat will generate clientele from a geographic area greater than Delray Beach. The vessel will berth east of the park Just north of the bridge. The vessel has its own gang plank for loading and unloading of passengers. No dock is need for this type of operation. Four dolphins will be needed for the vessel to moor against. P&Z Staff Report Stillwater Cruise Boat Operation - Conditional Use Page 3 There are approximately 120 parking spaces at Veteran's Park. There are two access points to the parking lot. One from N.E. 1st Street and the other from the Atlantic Avenue through the Atlantic Plaza parking lot. The concept plan for the redevelopment of the park provides 86 spaces with 20 of them along N.E. 1st Street, adjacent to the waterway walkway. COE)ITIONALUSE ANALYSIS: REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made-in a form which is part of the official record. This may be achieved through information on the application, the Staff report, or Minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings' relate to the following four areas. Future Land Use Map: (The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation). The Future Land Use Designation is Open Space. The property is zoned CF (Community facilities). CF ts consistent with the Land Use Designation..Currently, the use is not allowed in the CF zoning district. Through a separate Action, the City Commission will need to add the use to the list of conditional uses allowed in the CF Zone District. Concurrency: (Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. For sewer and water, concurrency shall mean that direct connection to a functioning municipal system is made. For streets (traffic), drainage, open space (parks), and solid waste, concurrency shall be determined by the following: * The improvement is in place prior to issuance of the occupancy permit; * The improvement is bonded, as part of the subdivision improvements agreement or similar instrument, and there a schedule of completion in the bonding agreement; * The Improvement is part of a governmental capital improvement budget; it has been designed; and a contract for installation has been solicited. P&Z Staff Report Stillwater Cruise Boat Operation - Conditional Use Page 4 Water: An 8" water main is located on the north side of Atlantic Avenue and dead ends at Veteran's Park. No fire hydrants currently serve the site. A fire hydrant should be located in this general area and will need to be coordinated with the redesign of the park. Sewer: The vessel has holding tanks for sewage. The tanks are pumped out every 2 or 3 months. This may be done while the vessel is refueling or a service vehicle can pump the boat on site. With the redesign of the park a special system may be installed for this type of use which would discharge directly into a sewer system. Drainage: This item is not applicable. Streets and Traffic: Based on previous information, it is anticipated that less than 200 ADT will be generated from the boat use. The City Traffic Engineer is verifying this information. Attached for your review is the Captains log of trips since .June 6th. Parks and Open Space: Park dedication requirements do not apply for non residential uses. Open is space is not applicable due to the unique use. Solld Waste: At present, the Ship's Captain is removing the solid waste. To date approximately 3-30 gallon garbage bags are generated per trip. There are existing trash receptacles at the park. However, no dumpsters. Negotiations are ongoing with the city and Atlantic Plaza to provide a dumpster. If a dumpster is provided it will need to be incorporated into the parks design. Compliance with Land Development Re~ulations: The proposed use is in compliance with the Land Development Regulations. If the conditional use is approved, a full site plan submittal will be reviewed by the Site Plan Review and Appearance Board. The proposed site plan must comply with the L.D.R.'s and should address the following issues on a temporary basis and be coordinated with the redesign of Veteran's Park~ 1. Handicap accessibility to the boat and a designated handicap parking space. P&Z Staff Report Stillwater Cruise Boat Operation - Conditional Use Page 5 2. Service route provided for loading/unloading of supplies and a designated service parking space. 3. Access for emergency vehicles. (No provisions have been made for access to the boat on the new park layout) 4. Temporary and permanent ticket office location. Pursuant to Section 2.4.5 (E)(5) (Findings) in addition to provisions of Section 3.1.1, the City Commission must make findings that establishing the Conditional Use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; and B. Nor that it will hinder development or redevelopment of nearby properties. This site is bordered by a commercial shopping center to the west, commercial uses to the south, residential uses to the north and east. The vessel is moored at the south end of the park. Thus having the least amount of impact on the surrounding neighborhoods. The parking will be accommodated at public parking facilities. If anything, the boat use should have a positive effect on revitalization of the downtown area. Consistency: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making of a finding of overall consistency. Required findings under Section 2.4.5(E) are discussed under the "Compliance with LDR's" section of the staff report and a positive finding to each is made. - A review of objectives and policies of the adopted Comprehensive Plan was conducted and the following objectives or policies were found~ Land Use Element: Although this site is located within the CF zone District, policies and objectives outlined in the CBD (Central Business District) apply as follows: P&Z Staff Report Stlllwater Cruise Boat Operation - Conditional Use Page 6 Policy C-4, states that the CBD Zoning District regulations shall be amended to more closely fit the desired character of the CBD and to facilitate and encourage rehabilitation and revitalization. * Incentives for dinner theaters, playhouses, and other family oriented activities. * Allowing and facilitating outdoor cafes. Policy C-4.9, state the following capital improvements have already been identified as essential components of efforts and programs which are necessary to keep the CBD a vital and competitive commercial marketplace. The capital improvements which should be a part of any general obligation bond program which is created. * Veteran's Park improvement Veteran's Park has been allocated $500,000 from the Decade of Excellence Bond for improvements to the park. Additional monies have been obtained from grants for the reconstruction of the seawall and docks. OTHER: Upon a site cruise on July 10, 1991, the following is noted: There were a minimum of two people per car or families of four. The traffic was evenly spread out over a half hour prior to the boat embarking. Traffic impact was minimal, however, only 24 people were on board. No music or commentary was aired stated until the boat was south of the Atlantic Avenue Bridge. It appeared that the boat actually generated less noise than the speed boat motors in the Intracoastal. In general, the boat created minimal impact on the surrounding areas. The boat use bring people to the downtown area and create a catalyst for revitalization. The Ship's Captain also noted that fewer vagrants have been at the park since the boat has been docked there. This helps create an image of the downtown area as being a safer place to be. REVIEW BY OTHERS: This item has been scheduled for the July 18th Community Redevelopment Agency meeting. Their recommendation will be forwarded to the City Commission. P&Z Staff Report Stillwater Cruise Boat Operation - Conditional Use Page 7 ASSESSMENT AND CONCLUSIONS: Most of the issues associated with the use south of the Atlantic bridge have been eliminated with the new location. The seawall while in acceptable condition is scheduled for major work later this year. The traffic has been eliminated through the Marina Historic District. The boat is visible from Atlantic Avenue which should create interest and positive activity at the park and help to stimulate revitalization of the downtown area. while the boat use was not incorporated with the Veteran's Park concept plan it appears that it can be readily accommodated. Items to be addressed include handicap parking, service route, dumpsters, etc. Temporary conditions can be worked out at the time of site plan approval. ALTERNATIVES: A. Continue wlth direction. B. Recommend approval of the request based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(E)(5) and subject to conditions. STAFF RECOMMENDATION: Recommend approval of the Conditional Use request based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(E)(5) for Stillwater Cruises with conditions. 1. That the site plan show temporary conditions until the park is redeveloped. 2. That any conditions imposed at the time of site plan approval be incorporated into the new layout of Veteran's Park. Attachments * Ships Log of Trips * Site Plan JM/#6/BOAT1.TXT STILLWATER CRUISES DATE # OF PASSENGERS 06/06 Boat Docked 06/12 11 06/14 17 06/15 11 06/16 Father's Day 70 06/19 10 06/21 07 06/23 28 06/26 19 06/28 19 06/29 12 06/30 20 07/03 23 07/04 4th of July (2 Trips) 120 O7/05 18 07/06 36 07/07 40 July 9,1991 RECEIVED MS. Alison M. Harry 7/I lql City Clerk .. C~C[ERK city of Delray Beach 100 N. W. First Avenue Delray Beach, Florida 33444 Ref: Public Notice 91-121/Veterans Park Use by Stillwater Cruises Dear Alison: Though I will be unable to attend the Monday, July 15,1991 meeting of the Planning and Zoning Board I felt as President of the Atlantic Plaza Merchants Association I should make you aware of the position we have taken on the Stillwater Cruises. We are very much in favor of the kind of business the boat generates. Any activity that increases traffic to our shops and restaurants is greatly appreciated. It is our hope that the Planning and Zoning Board will vote for its approval. Sincerely, Renee deR. A. Rand Owner-Di rector Galleria Alexander 777 E. Atlantic Avenue · Suite H ° Delray Beach, Florida 33483 Prepared statement by Kathy Stokes, resident of Delray Beach and Co-chair of the Recreation and Open Space Task Team for the Comprehensive Plan, presented on July 23, 1991, at the second reading before the Delray Beach City Commission on a proposed amendment to the allowable conditional uses in the CF Zone District. Pursuant to Florida Statute 163.3194 (attached to this statement), the state mandates that, after a comprehensive plan has been adopted, land development regulations (LDR's) and any amendments to them must be consistent to the compre- hensive plan. Specifically, a land regulation shall be con- sistent if the land uses, densities or intensities, and oth- er aspects of development permitted by the LDR are compatible with and further the objectives, policies, land uses and densities in the comprehensive plan. If approved by the City Commission, this proposed LDR amend- ment for the conditional use to conduct commercial activi- ties and businesses of a permanent nature upon publicly owned lands would result in a CF Zoning District which is no longer consistent with the Comp Plan. This proposed LDR amendment conflicts with policy in the land use category de- scription for Recreation and Open Space Land Use in our Com- prehensive Plan (attached to this statement). Therefore, if this amendment is passed, I will file a peti- tion with the Florida Department of Community Affairs (DCA) for an administrative review of this Land Development Regu- lation pursuant to Rule 9J-24.007 of the Florida Administra- tion Code. Notwithstanding the local rule requiring a court reporter for appeals, in order to file this petition accord- ing to the DCA, I do not need to have a court reporter pres- ent and the fact that the City is required to record this meeting and preserve the tapes constitutes a sufficient re- cord. This information was provided by Ken Goldberg, the staff attorney responsible for Delray Beach in the DCA's Le- gal Department. If you need confirmation, the Legal Depart- ment's telephone number in Tallahassee is 904-488-0410. If I am not permitted to complete my presentation, I hereby request that this prepared statement, copies of which I have handed to the Clerk and to the City Commissioners, be made part of the minutes of this meeting. This proposed LDR that is before the Commission tonight was recommended for approval by the P&Z Board on Monday, 5uly 15, 1991. This decision was based on a P&Z Staff Report (attached to this statement) that has three major problems. The P&Z Staff report has something wrong, something mislead- lng and something missing. The P&Z Staff report states that the City Attorney and the Director of Planning have agreed on the proposed amendment language in order to give it broader application to solve problems related with commercial uses allowed on public property. The first example is the lounge chair concession on the beach. This is the "something wrong" in the staff report. I would point out to you that this concession was grandfathered in and as such cannot be construed to be at odds with the land use ordinances. More importantly, this concession operates at the beach which is zoned OS, which stands for the Open Space Zoning District. Making a change in CF zoning will not have any affect on anything in OS zon- ing. Now let's go to the "something misleading." The second ex- ample in the Staff Report for why a change is necessary is that perhaps the Baseball School operation at Miller park represents another problem involving commercial uses allowed on public property. It is simply misleading to say "per- haps": either the Baseball School was grandfathered in be- fore CF zoning or it wasn't. [ talked by phone last week to the City Attorney, and he assured me he would have the re- search completed tonight regarding whether the Baseball School operation is grandfathered or not. If, as [ believe to be the case, the Baseball school is grandfathered, then it is not required to meet CF zoning requirements. Alterna- tively, if the Baseball School contract is not grandfath- eyed, then the City has a much more serious problem since the CF zoning as it stands now would represent an inverse condemnation of the school's right to operate on public land. The heart of my petition to the DCA wil! go to the "some- thing missing" in this P&Z Staff Report. What is missing from this report is a request for the LPA to determine whether the proposed use permitted in this LDR amendment is compatible with and furthers the objectives, policies and land uses, and densities or intensities in the comprehensive plan. I am sure that sounds complicated so let me walk you quickly through the applicable sections of the Florida Stat- utes and the City's Comprehensive Plan. Florida Statute 163.3194 provides that no land development regulation, land development code, or amendment thereto shall be adopted by the governing body (that's the City Com- mission in Oelrax) until such regulation, code or amendment has been referred either to the local planning agency, or to a separate land development regulation commission created pursuant to local ordinance, or both. Since the P&Z Board was appointed our local planning agency by Ordinance 21-76, approved on June 14, 1976, and Delray has not appointed a separate land development regulation commission, a proposed LDR change must be referred to the P&Z Board which has the duties of the LPA. The Commission did send the proposed amendment to the P&Z Board for review. However, both the P&Z Staff Report and the discussion by the P&Z Board members ignored the further re- quirements of Florida Statute 163.3194 that the amendment should be referred "for review and recommendation as to the relationship of such proposal to the adopted comprehensive plan, or element or portion thereof." (Fla. Stat. 163.3194(2)). The staff report did not request the LPA to determine whether this proposed amendment was compatible with the policies and land uses in the Comp Plan. Further- more, I attended this meeting, and there was no discussion by P&Z Board members regarding the proposed amendment's con- sistency with the Comp Plan prior to their vote of recommen- dation of approval. If the P&Z Board members, sitting in their role of LPA, had reviewed this proposal in relation to Comprehensive Plan, they would have discovered that the proposed amendment is inconsistent with policies given in the description of the land use category of the Recreation and Open Space, which is in Section 5 of the Future Land Use Element. This description states that Recreation and Open Space Land Use applies to public recreation areas (such as munici- pal parks), to open space areas, and to conservation areas. The description also contains the policy that "[1land shown under this designation shall not be used for any purpose other than recreation, open space, or conservation. The description also states that both CF and OS zoning districts are consistent with Recreation and Open Space land use designation. Adding the conditional use of commercial activity to the CF Zone District will render that zone district incon- sistent with the Recreation and Open Space Land Use because its policy clearly states that land shown under this desig- nation shall not be used for any purpose other than recre- ation, open space or conservation. In fact, having co- chaired the Recreation and Open Space Task Team, I can as- sure that task team discussions focused on the recreational aspects of the parks, and this land use policy about use of recreation lands reflects those discussions. Consequently, this LDR proposal should never have come before the City Commission because the LPA should have stu- died the land use description and policies for Recreation and Open Space and found that, if adopted, this proposal would make the CF Zoning District incompatible with the land use policy for recreation, open space and conservation ar- eas. Finally, even if you send this proposed LDR amendment back to the LPA for a finding and they determine it is con- sistent with the Comp Plan, a petition to the DCA is still appropriate should the City Commission approve the amend- ment. As a substantially affected person, I believe that this LDR amendment is incompatible with the policy in the Recreation and Open Space Land Use that "Il]and shown under this designation shall not be used for any purpose other than recreation, open space, or conservation, and I have a right of petition to have an administrative review by the DCA. Attachments: Florida Statute 163.3194 Land Use category description for Recreation and Open Land Use, Sec. 5 of the Future Land Use Element of City of Oelray Beach Compre- hensive Plan P&Z Staff Report, for the meeting of July 15, for Agenda Item II.A. Allowable Conditional Uses in the CF Zone District Ch. 163 INTERGOVERNMENTAL PROGRAMS F.S. lgsg 163.3194 Legal status of comprehensive plan.-- comprehensive plan, or element or elements thereof, re. (1)(a) After a comprehensive plan, or element or per- lating to the issue justiciably raised or the appropriate- tion thereof, has been adopted in conformity with this ness and completeness of the comprehensive plan, or act, all development undertaken by, and all actions tak- element or elements thereof, in relation to the govern. en in regard to development orders by, governmental mental action or development regulation under consid. agencies in regard to land covered by such plan or ele- eration. The court may consider the relationship of the ment shall be consistent with such plan or element as comprehensive plan, or element or elements thereof, to adopted, the governmental action taken or the development regu. (b) All land development regulations enacled or lation involved in litigation, but privale property shall not amended shall be consistent with the adopted compre- be taken without due process of law and the payment hensive plan, or element or portion thereof, and any land of just compensation. development regulations existing at the time of adoption (b) It is the intent of this act that the comprehensive which are not consistent with the adopted comprehen- plan set general guidelines and principles concerning ils siva plan, or element or portion thereof, shall be amend- purposes and contents and that this act shall be con. ed so as to be consistent. If a local government allows strued broadly to accomplish its stated purposes and an existing land development regulation which is incon- objectives. sistent with the most recently adopted comprehensive (5) The tax-exempt status of lands classified as ag- plan, or element or portion thereof, to remain in effect, ricultural under s. 193.461 shall not be affected by any the local government shall adopt a schedule for bringing comprehensive plan adopted under this act as long as the land development regulation into conformity with the the land meets the criteria set forth in s. 193.461. provisions of the most recently adopted comprehensive · ,1,~.-,. 12. ch. 75-257; $. t. ch. 7'7-174; ,. 2. ch. 77-223: I. 1~'. ch. ~0-.3~: plan, or element or portion thereof. During the interim period when the provisions of the most recently adopted 163.3197 Legal status of prier comprehensive plan. comprehensive plan, or element or portion thereof, and Where, prior to the adoption of a revised plan pursuant the land development regulations are inconsistent, the to s. 163.3167(2), a local government had adopted a provisions of the most recently adopted comprehensive comprehensive plan, or element or portion thereof, such plan, or element or portion thereof, shall govern any ac- adopted plan, or element or portion thereof, shall have lion taken in regard to an application for a development such force and effect as it had at the date of adoption order. (2) After a comprehensive plan for the area, or ele- until a new comprehensive plan, or element or portion ment or portion thereof, is adopted by the governing thereof, is adopted by or for such local government put- body, no land development regulation, land develop- suant to the provisions of this act. The prior adopled plan, or elemer~t or porlJon Ihefeol, may be the basis for ment code, or amendment thereto shall be adopted by meeting the requirement of comprehensive plan adop- the governing body until such regulation, code, or amendment has been referred either to the local plan. lion set out in this act, provided all requirements of this ning agency or to a separate land development regula- act are met. Hl~,terf.--s 13. ch. 75-257; ! 12. ch 85-55 tion commission created pursuant to local ordinance, or to both, for review and recommendation as to the rela- 163.3201 Relationship of comprehensive plan to tionship of such proposal to the adopted comprehensive exercise of land development regulatory authodly.--It plan, or element or portion thereof. Said recommenda- is the intent of this act that adopted comprehensive lion shall be made within a reasonable time. but no later plans or elements thereof shall be implemented, in part, than within 2 months after the time of reference. If a rec- by the adoption and enforcement of appropriate local ommendation is not made within the time provided, then regulations on the development of lands and waters the governing body may act on the adoption, within an area. It is the intent of this act that the adoption (3)(a) A development order or land development and enforcement by a governing body of regulations for regulation shall be consistent with the comprehensive the development of land or the adoption and enforce- plan if the land uses, densities or intensifies, and other ment by a governing body of a land development code aspects of development permitted by such order or reg- for an area shall be based on, be related fo, and be e ulation are compatible with and further the objectives, means of implementation for an adopted comprehen- policies, land uses, and densities or intensities in the sive plan as required by this act. comprehensive plan and if it meets all other criteria enu- m.~.-, 14, ch. ?5-25?; .,. 13. ch. 85-55. metaled by the local government. (b) A development approved or undertaken by a Io- 163.3202 Land development regulations.-- cai government shall be consistent with the comprehen- (1) Within 1 year after submission of its revised com- sive plan if the land uses, densities or intensities, capaci- prehensive plan for review pursuant to s. 163.3167(2), ty or size, timing, and other aspects of the development each county, each municipality required Io include a are compatible with and further the objectives', policies, coastal management element in ils comprehensive plan land uses, and densities or intensities in the comprehen- pursuant to s. 163.3177(6)(g), and each other municipali- sive plan and if it meets all other criteria enumerated by ty in this state shall adopt or amend and enforce land the local government, development regulations that are consistent with and (4)(a) A court, in reviewing local governmental ac- implement their adopted comprehensive plan. lion or development regulations under this act, may con- (2) Local land development regulations shall contain sider, among other things, the reasonableness of the specific and detailed provisions necessary or desirable 958 Land Use Category Description for RECREATION & OPEN SPACE LAND USE, including zoning categories consistent with this category IN Section 5 of the Future Land Use Element of the City of Delray Beach Comprehensive Plan "RECREATION & OPEN SPACE LAND USE: This desgination applies to public recreation areas (such as municipal parks), to open space areas, and to conservation areas. Open space ar- eas include canals, waterways, beaches, shores, estuarine systems, golf courses, private open (common) areas within planned developments, and undevelopable parcels. Public recreational areas which also have indoor facilities (e.g. community centers) are more apt to be shown as "Community Facilities." The conservation properties are those lands shown on the Conservation Map. Land shown under this desig- nation shall not be used for any purpose other than recre- tion, open space, or conservation. Zoning districts which are consistent with this land use designation are: ~ Community Facilities (CF) Open Space (OS) (This zoning district will be cre- ated after adoption of the Comprehensive Plan)" PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JULY 15, 1990 AGENDA ITEM: II.A. Allowable Conditional Uses in the CF Zone District ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission with respect to adding a use to the list of conditional uses in the CF Zone District. The use is mooring and embarkation of a waterway cruise boat. BACKGROUND: During consideration of alternative locations for the Stillwater Cruise operation, it was decided to look at the seawall along Veteran's Park. However, as written, the LDRs do not accommodate such uses in the C.F. zone district. In further review of this situation, it is noted that there are other commercial uses allowed on public property e.g. the lounge chair concession on the ~9~ and, ~, the Baseball School operation at Miller Field. Given th-i~-b-6~rder application, the City Attorney and the Director of Planning agreed on the proposed language. Attached is the City Commission documentation which was prepared for first reading consideration of the enacting ordinance. Second reading was deferred until July 23rd so that a formal recommendation could be obtained from the Planning and Zoning Board. ANALYSIS: While the code will be changed to accommodate consideration of such uses, the use cannot be established until a duly notice public hearing has been held before the Planning and Zoning Board, approval has been granted, and through separate instrument an agreement entered into between the proprietor and the City Commission. RECOMMENDED ACTION: By motion, recommend approval of adding the proposed language for the conditional use in the C.F. zone district. Attachments: * CC Documentation of June 25, 1991 II.A. CITY COMMISSION DOCUMENTATION TO: DAVID HARDEN, CITY MANAGER DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JUNE 25, 1991 FIRST READING, MODIFICATION TO CONDITIONAL USES ALLOWED IN THE CF ZONE DISTRICT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance which adds an additional conditional use to the gommunit¥ Facilities (CF) Zone District. BACKGROUND: This proposed amendment is in anticipation of a request which would allow use of public facilities at Veteran's Park for the conduct of a commercial operation i.e. mooring and embarkation of a waterway cruise boat. Even thought this item is being considered due to the potential land use request, it also has application to other public lands throughout the City. For example, there is a beach lounge chair concession on the beach which, while grandfathered, could be construed to be at odds with our land use ordinances. Other similar situations also exist. PROPOSAL: It is proposed that the following be added as a conditional ~lse. within the CF Zone District: 4.4.21(D)(3) - new and renumber remainigg items: (3) Conduct of commercial activities and businesses of a permanent nature upon publicly owned lands. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board has not formally reviewed this item. It will be reviewedi~-~pe~-f~l ~~_~y~ as the need dictates, so that-~formal recommendation ~ provided prior to second reading. City Commission Documentation First Reading, Modification to Conditional Uses Allowed in the CF Zone District' Page 2 RECOMMENDED ACTION: By motion, approval of this amending ordinance on first reading. and establishment of a public hearing date. Attachment: * Ordinance, by others DJK/#83/CCUSE.TXT BEACH PR OPE RTY OWNER S' ASSOCIATION, INC. P.O. BOX 375 DELRAY BEACH, FLORIDA 33444 Re: Proposed zoning change Mayor and City Commissioners to allow commercial use City of Delray Beach as a conditional use in Florida 33444 CF zoning Gentlemen: As we are sure you are aware, the City's Atlantic Dunes Park, Sandoway Park, and Anchor Park are in the Community Facilities (CF) zoning district. The Beach Property Owners' Association has a long record of dedication to the quality of life in the beach area, including the character of the beaches and beach parks themselves. Consistent with those efforts, we are here to ask you to deny the request for an amendment to allow commercial activity as a con- ditional use in CF. We believe such an amendment has the potential for a greatly diminished quality of life in our beach parks, as well as at schools and other parks which are zoned CF. We believe it is fair to ask whether the city has yet learned to live with its Comprehensive Land Use Plan which was adopted by the City Commission in February, 1989. On page 1 of the Intro- duction to the Co~ehensive. Plannin~A~, there are introduce~ the specific elements of the Act which will have the greatest impact upon how the city will have to function once the Plan is enacted. It refers to a "new era" in planning and development. We emphasize the phrase "will have to function" to remind that you are bound to proceed in zoning matters in accordance with the Plan. It is a matter of law. Sec. 163.3194 of the Florida Statutes, ~gal Status of the Comprehensive Plan provides: la} all development undertaken by, and all actions taken in regard to development orders by, governmental agencies .... shall be consistent with such plan or element .... ; and 3a) consistency includes determinations dealing with land use map designations and objectives and policies of individual elements .... It goes on to say, "It is clear from the above that, indeed, the manner in which development is pursued and permitted in the City Re CF Amendment Page 2 of Delray Beach will be altered upon adoption of the Plan" What it is saying is that what is no longer possible is the "feels right" zoning; that is, if it feels right and meets your criteria and wishes, you can take a given zoning action. Now all zonin§ actions must be consistent with the Plan and therefore with the underlying land use. Essential elements of the Comp Plan of which you must be aware are descriptions of designated land use categories on the Future Land Use Map. These descriptions identify which zoning designations are consistent with the land use categories. Regarding the action before you, the Planning staff report tells you (page 3) the Future Land Use Designation is ~_~, and that CF is consistent with the Land Use Designation. That is true. What it does not tell you (III-G-5) is that under Recreation ~_~_~£~_L~nd Use it is stated: .... "This designation applies to public recreation areas (such as municipal parks) .... Land shown under this designation shal'l not be used for any purpose other than recreation, open space, or conservation. Zoning districts which are consistent with this land use designation are: Community Facilities {CF} and Open Space {OS)." To state the obvious, III-G-5 says that you cannot have a commercial use in CF zoning -- only recreation,open space, or con- servation uses are allowed. A finding of consistency must be made; the Comp Plan requires it of the Local Planning Agency (Planning and Zoning Board}. The staff report, which is the basis of their information, tells them that (page 3) "CF zoning is consistent with the Land Use Designation" True. What it does not tell them is that the planned commercial use is not consistent with the Land Use Designation, and therefore under the Comp Plan cannot be done. The staff report, in justifying its recommendation of approval based on po'sitil, ve findings with respect to .... policies of the Comprehensive Plan, says,"Although this site is located within the CF zone district, policies and objectives outlined in the CBD {Central Business District} apply as follows: Policy C-4.1 states that the CBD regulations shall be amended to more closely fit the desired character of the CBD and to facilitate and encourage rehabilitation and revitalization". True. But what the report is seeking to amend are not CBD but CF regulations to obtain that desired goal. This is zoning sleight-of-hand. This is sheer confusion , perhaps because the municipal park (CF) is within the ~~hical boundaries of the £entral ~usiness ~istrict (commercial core; small letters - no caps; not a zoning category), it is not within the Central Business District (CBD zoning category). While the Comp Plan sets as one goal the revitalization of the central business district, we do not it stated that it shall be undertaken at the expense of all other criteria. Re CF Amendment Page 3 There is no symbiotic relationship between zoning districts, whereby the goals and objectives of one district are expected to help the other. There is absolutely no relationship between CBD and CF zoning. The underlying land use which is the determining factor is entirely different in each. The reference in the staff report tp PolicyC-4.1 (CBD) is a red herring, as is the following reference to Policy C-4.9 which states that improvements to Veteran's Park have already been authorized by the Decade of Excellence Bond, implying that the proposed commercial use has been identified as an essential component by the Comp Plan to keep the CBD a vital and competitive marketplace. Untrue. Commercial use cannot be extrapolated.from the authorization for improvements. One further caution; Sec. 4.4.21 of the LDR's (CF District) states that the CF district i's compatible with all land use designationsshown on the Future Land Use Map. That can only be interpreted to mean that you can put CF zoning in any land use. The reverse is not true, that you can put any land use in CF zoning. Since it is intended for facilities which serve public and semi- public purposes, you can, for example, put a public facility in an Industrial District (I). The reverse is not true, however; you cannot put an industrial land use in CF zoning. Otherwise, the entire zoning code would have no meaning. In summary, for the reasons stated above we ask you to deny the proposed amendment to CF zoning which would allow commercial use there. Even if the Comprehensive Land Use Plan did not require that the request be denied, we believe it would be poQr public policy to allow commercial use in CF, changing particularly the character of our public beach in which so many of our citizens take great pleasure and pride. Thank you for the time allotted. Elizabeth H. Matthews Executive Director, BPOA July 23, 1991 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER/~ ORDINANCE 49-91 DATE: June 21', 1991 This is a first reading of an Ordinance amending the Land Development Regulations to provide for commercial activities and businesses upon publicly owned lands as a conditional use in the Community Facilities (CF) zoning district. This proposed ordinance is in anticipation of a request which would allow use of public facilities at Veteran's Park for the conduct of a commercial operation. Although this item is being considered due to that potential land use request, it would also apply to other public lands throughout the City. The Planning and Zoning Board has not formally reviewed this item. It will be reviewed in special session or on July 22nd. Recommend approval of Ordinance No. 49-91 on first reading. cITY. COMMISSION DOCUMENTATION TO: DAVID HARDEN, CITY MANAGER DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JUNE 25, 1991 FIRST READINGs'MODIFICATION TO CONDITIONAL USES ALLOWED IN THE CF ZONE DISTRICT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of .apDroval on first reading of an ordinance which adds an additional conditional use to the Community Facilities (CF) Zone District. BACKGROUND: This proposed amendment is in anticipation of a request which would allow use of public facilities at Veteran's Park for the conduct of a commercial operation i.e. mooring and embarkation of a waterway cruise boat. Even thought this item is being considered due to the potential land use request, it also has application to other public lands throughout the City. For example, there is a beach lounge chair concession on the beach which, while grandfathered, could be construed to be at odds with our land use ordinances. Other similar situations also exist. .PROPOSAL: It is proposed that the following be added as a conditional use within the CF Zone District: 4.4.21(D)(3) - new and renumber remaining items: (3) Conduct of commercial activities and businesses of a permanent nature upon publicly owned lands. PLANNING AND ZONING.BOARD CONSIDERATION: The Planning and Zoning Board has not formally reviewed this item. It will be reviewed in special session or on July 22nd, as the need dictates, so that a formal recommendation is provided prior to second reading. City Commission Documentation First Reading, Modification to Conditional Uses Allowed in the CF Zone District Page 2 RECOMMENDED ACTION: By motion, approval of this amending ordinance on first reading and establishment of a public hearing date. Attachment: * Ordinance, by others DJK/#83/CCUSE.TXT '' CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jun 20,91 3:03 P.O1 oRozte~c~ NC,,, AN ORDINANCB OF ~ CI~ C~SSI~ O~ ~ CI~ OF D~Y B~, F~RIDA, ~ING C~ 4, "Z~IN~ ~U~TI~S", SE~ION 4.4.21. "~I~ FACILI~ US~ ~ S~U~ ~", OF ~ D~~ R~~S OF ~ COD~ OF O~]N~CES OF ~ CI~ OF D~Y B~, F~RIDA BY ~DING A N~ S~'S~-S~I~ 4 · 4 · 21 (D) ( 3 ) ~ PR~ID~ C~CI~ A~IVITIES ~ BUSIN~S~ ~ S~-S~-S~IONS 4.4.21(D) (3) . ~ ~12) 4.4.21(D)(4) ~ (13)j P~NG A SAVING C~USBi PR~IDINO A O~ ~P~ C~US~I P~VIDZNG ~ EF~CT~ DA~. N~ ~~, BE IT O~AZN~ BY ~ CI~ C~ZSSI~ OF ~ CZ~ OF DE~Y B~CH, ~RIDA~ AS Section 1. ~a~ chapter 4, "Zoning Re~la~to~", Article 4.4, "Base Zoning Dtstr1ct", Section 4.4,21, "C~1ty Faoilttles D1s~rlc=", S~-Sec~ton 4.4.21(D), "Co~d~tt~al Uses ~ S~ructures Allowed", of the ha~ Develo~n~ Re, la,ions of the City of ~ .ray Beach, Florida, ~, and s~-s~-s~tton~ 4.4.21(D) ( 3 ) ~h: ;.ugh 4.4.21(D)(12) are ren~r~ to 4.4.21(D)(4) ~hrough 4.4.21(D)(13), and a n~ s~-s~-sec~1on 4.4.21{D)(3) ts here~ creat~ ~o re~d as foll~s~ (3) co~uc= of c~rctal ao~tvi~1el and businesses percent nature u~n p~11cly ~ Sec~to~ ~. ~at should ~ny section or provision of thl~ ordinance or any ~r=ton ~hereo2, any paragraph, sen~e~e or ~rd be declared by · cour~ of c~=en~ Jurisdiction =o ~ invalid such deci- sion shall no~ effec= the valldl~ o2 ~he r~lnder hegel as a whole par~ ~hereo~ o~her t~n t~e ~g~ ~.al~ to ~ Section 3. ~a~ all ordinances or parts of ordtn~ces which are in conflict he=~t~h ~ and the s~ are hereby regaled. (10) days al=er ~s passage on se~ ~ ~i~l reading. P~S~ ~ ~ in re~l~ sass~on on second and final reading on this the ~y o~ , 1991. MAYOR ATT~STB Flrm~ Reading,, Second Reading,. Prepared statement by Kat.hy Stokes, resident of Delray Beach, presented on September 10, 1991, at a hearing before the Delray Beach City Commission on proposed Ordinance 49-91. This is my last chance to try to convince you to vote against passage of this Ordinance to allow commercial as a conditional use in the parks and on school grounds. The amendment was originally proposed in order to allow a commercial cruise boat operation in Veterans Park. It now seems unlikely that the Boat will be allowed to operate. Based on the letter from DER which I forwarded to you on Friday, the DER permit for the seawall "was issued for a dock intended for day use only." This means the Boat cannot operate in the park unless the City seeks a modification of the permit. Based on a report by the City's consultant, it will be difficult, if not impossible, to get this modifica- tion. The concession stands at Miller Park and Currie Commons and any future one at Pompey Park should be for the use of non-profit civic groups to raise money for local charities. A concession stand run by a business operator won't tolerate competition from civic groups. ! have seen this happen in a county park setting where the concessionaire forced the sponsoring charity to stop selling beverages from its own booth because of the competition. There is strong opposition to co,m.ercial at the beach parks (see the attached pages from the most recent newslet- ter of the Beach Property Owners' Association). Delray's beach is a special place -- let's not have the potential for future City Commissions to turn it into another Daytona. You have heard repeated opposition to allowing commer- cial activities in Barwick Park, which is a passive park. I've talked to Mr. Hukill at the School Board, and he tells me that any requests for commercial activities on school grounds will be turned down. He also volunteered that no commercial activities are allowed at Old School Square because the School Board sold the elementary school to the City at $500,000 below market with the stipulation that the school be used only for public purposes. However, he said the School Board would not oppose this ordinance be- cause it was to their advantage. When Carver Middle School is abandoned, the school grounds will be worth more on the market because of the availability of a commercial use. hate to see this potential for commercial in the middle of a residential neighborhood, and this ordinance has no limit on the kind of commercial that could Be approved. I hope we aren't abandoning that neighborhood along with the school. Finally, this proposed ordinance is inconsistent with the land use description for recreational land in the Com- prehensive Plan. For all the above reasons, I respectfully ask you not to pass this ordinance. -3- This proposed amendment is loosely modeled after the famed Califoz~ Proposition 13, which in 1978 1/mired tax increases ~fuil p~operty is sold but ~1~o rolled back property assessments to 1975 levels. ~at rollback may sound very good to victims of this l~r's increases, but accoz~tng to an editor of the San Frm=isco Chzonicle with wh=m ~ spoke, it has been a disaster for the State of CalifozD{a, where a high ~ of counties and cities ax~ close to bankrugtcy. The 3% an~,~] 1/mitation of ir~£ease does ~ to hav~ merit. It would pxz~ent people ~ being taxed out of their h~ss, as now can happen. Ol~-v people (and scme Iammg people) who have relati%~ly fimsd ~ and ~ho li~ in h~mes which in Tzopic Isles, a ~terfzont cc~mmity with lots of for-sale signs resulting of the Florida League of Cities say it would ~ prope~ tam~s eve~ more unf~, as psople who buy n~w hous. s ~uld p~y a a~~te share of th. petition to be sigr~d by Florida ~ ~ and reU=ned to an ~ss It hasn't been an easy su~r for gove~,t ~zs~ -Ir'has been clear that a majority of the City ~sion is ~X~x~L~ed~ to -1 ~ a 250 passenc~r c<~u=rc~a] e~cursion boat to dock ~-~-~nently at Veteran's P-~k, Close by the Atlantic Avenue bridge. Because of the ommtr~{nts of t~s City's 0~~gsi~ ?~d Use the character of our ~msch parks changed 4zast/cally if oa==~u~ vendors are zoning of the parks to match the Open ~ zoning of the public beech itself, which ~ould not allow cu~_~c~ uses. ~e city's P~m/r~ Dizector, kmmwer, ~nts the reverse -- to make the public beach, the I 1/4 m{ 1. strip, a CF zone to ~4I will seehowit goes. Wehopenot to hav~ to ask ~ou to ~rite 5 or 6 ~- letters to City ~sioners on the subject. We haven't had to do that in a very long time -- about 17 ~rs. that Atlan~ Avenue ,~s tcxn up to do the Job, with l(mi~ drivi~ lar~, at the sE ~ the 8th Street hrid~ w~s closed for _r~ irs. We asked the city to thought of checking f~r hridt3e Also not __~ ~ood wus the city's first i~idmm· of a Durst und~z~nd which caused a boil-~ter alert for ,~o days. Wi~ previous ex~er~, the notification process for water users ~s po~r ~ut city.offic/als tell us they now know they Rnst make ~=tter use of the ~a should thexe bsa next time. Good is the fact that a t~m of foreign and american .engineers, lookin~ for absolutely ~be worst ~ pipes they could find, used an ex~mr~ ~ to successfully _r~?~r leakin~ ~r pipes on andrmm A~nus.. ~ pum~sd a mi~ of che~r~%ls into the pipes in March, ar~ tbs ~T?(red pi~es haw~ undesirable effect o~ the sewage trea~m~Rt plant. ~he see/ant syst~n could be blocked off for fear the road might collapse under -the ~ight of an Note.- Veteran's Park will be redes~ as o~e of the Decade of projects. ~e d~sign is a matter of ~e co~=~m~xsy ard ~- not l~t regularly Join in activities at tbs/%dult Beczeat/mn facility thexe that ]~u may tra~!~_(~-~l]y bsen there. m t-~i-~je.h H. August 27, 1991