Ord 53-07r~
ORDINANCE NO. 53-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS
OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.3, "SPECIAL
REQUIREMENTS FOR SPECIFIC USES", BY ENACTING SUBSECTION 4.3.3
(ZZZ), "AUTOMOBILE BOUTIQUE", AMENDING SECTION 4.4.13, "CENTRAL
BUSINESS DISTRICT (CBD)", SUBSECTIONS 4.4.13(D), "CONDITIONAL USES
AND STRUCTURES ALLOWED" AND 4.4.13(H), "SPECIAL REGULATIONS";
AMENDING APPENDIX A DEFINITIONS; TO ADD AUTOMOBILE BOUTIQUES
AS A CONDITIONAL USE IN THE CENTRAL BUSINESS DISTRICT WITH
SPECIFIC REQUIREMENTS; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed
text amendment at a public hearing held on October 15, 2007, and voted 7 to 0 to recommend that the
changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the
Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives
and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning
and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with
the Comprehensive Plan; and
WHEREAS, the use of an Automobile Boutique is determined to be distinctly different from a Full
Service Automobile Dealership, since it will not include provisions for body work, mechanical repairs, or
painting of vehicles; it will require all vehicles to be contained and displayed in a fully enclosed showroom,
require a minimum price of $75,000, will not allow vehicle washing on site, and will require a minimum
separation requirement from other Automobile Boutique uses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
f ~
Section 2. That Section 4.3.3, "Special Requirements for Specific Uses", of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the
same is hereby amended by enacting Subsection 4.3.3.(ZZZ), "Automobile Boutique" to read as
follows:
Z~ ZZ~ Automobile Bouti~ue• The following shall a~uly to all automobile boutiaues•
All automobiles are to be contained and displaved in a totally enclosed showroom. At least seventy-five
percent 5%~ of the surface area of the front wall~s,~ at the ground floor of each building is devoted to
display windows and to entrances for the public to view the automobiles.
2) There shall be no outdoor display of automobiles.
There shall be no promotional devices of any sort used on the exterior of the building containing the
automobiles Appropriate signage consistent with the City's sign code shall not be construed as
yxomotional devices.
No automobiles are to be raised a~ greater than 1'-0" above the floor upon which they are displayed
5) No automobiles shall have an open hood or trunk for display purposes.
61 The automobile showroom is not to be open to the exterior in any way other than show windows.
7) There is to tie a retail shop directly associated and attached with the showroom. The retail shop is allowed
to sell to the general public items that are related to the automobiles being marketed. These items shall
include but not be limited to: clothing and accessories.
81 This is to be a very high end automobile boutique with the lowest price of an automobile to be 575,000.00
and adjusted upward thereafter corresponding with increases in the consumer price index (2007 base
9) All interior lighting shall be done in a very creative manner, well desired so as not to be excessive to
public views The interior liQ_~g~lan shall be annroved by the Site Plan Review and Appearance Board.
All lighting is to be confined to the sitg and directed into the building. All lighting is to remain on until at
least 12:00 Midnight. seven nights a week.
10) There is to be no repair or bodywork done on site.
11) There is to be no washing_of automobiles on site. Final detailing can be performed on the interior of the
b i
121 There is to be no daily rental of automobiles Long term leasing of vehicles of not less than one (1~,year
is permitted.
ORD. N0.53-07
13) The square footage of the display area must be defined as part of the conditional use approval process
14) The exterior signage shall not contain the following words: car or dealership.
15) That no more auto boutiques be located within any one block nor within 750 feet of another auto
boutique measured from lot line to lot line in a straight line.
Prior to the renewal of an annual occupational license, the business owner must certify in affidavit form
compliance with these 15 requirements.
Section 3. That Section 4.4.13, "Central Business District (CBD)", Subsection 4.4.13(D),
"Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as
follows:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within
the CBD District:
(1) Adult congregate living facilities.
(2) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section
4.3.3(D).
(3) Amusement game facilities limited to such uses as pinball, air hockey, electronic games, and
other similar coin operated games when an attendant is on duty.
(4) Child care and adult day care.
DELETED (S) AND BEIVUMBERED
(5) Financial institutions, e.g., banks and similar institutions including drive through facilities
pursuant to restrictions set forth in Section 4.4.13(I-~(1).
(6) Funeral homes including accessory uses, such as, a chapel, crematory, and the like.
(7) Gasoline stations or the dispensing of gasoline directly into vehicles, except that such use shall
not be allowed in the West Atlantic Neighborhood, the Beach District, nor on lots which front along Atlantic
Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way), beginning at a point 105' south of N.E. 4~ Street.
(8) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf
courses, skating rinks.
ORD. N0.53-07
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(9) Veterinary clinics.
(10) Movie theaters, excluding drive-ins.
(11) Playhouses, dinner theaters, and places of assembly for commercial entertainment purposes
(e.g., concerts, live performances).
(12) Flea markets, bazaars, merchandise marts, and similar retail uses.
(13) Wash establishment, with automatic/mechanical systems only, for vehicles, except that such
use shall not be located east of the Intracoastal Waterway or on lots which front along Atlantic Avenue.
Further, this use must be established on property with a minimum lot area of 20,000 sq.ft.
(14) Multi-family dwelling units, excluding duplexes, at a density greater than thirty (30) units per
acre, on property located south of N.E. 2nd Street and north of S.E. 2nd Street, subject to the standards and
limitations of Section 4.4.13(I).
(15) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in
Section 4.3.3(1).
(16) Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may provide their required
parking as valet parking, subject to the provisions of Section 4.6.9(F~(3).
(17) Drive-in or drive-through restaurants on property located within the West Atlantic
Neighborhood.
(18) Hotels, motels, bed and breakfast inns, and residential-type inns on property located within
the West Atlantic Neighborhood.
(19) Free standing or mixed-use residential development at a density greater than twelve (12) units
per acre, but not exceeding 30 units per acre, on property located within the West Atlantic Neighborhood,
subject to the standards and limitations of Section 4.4.13(1).
(20) Automobile Boutiques.
Section 4. That Section 4.4.13, "Central Business District (CBD)", Subsection 4.4.13(I~,
"Special Regulations", of the Land Development Regulations of the Code of Ordinances of the City
of Delray Beach, Florida, be and the same is hereby amended to read as follows:
ORD. N0.53-07
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(H) ecial Re bons:
(1) Office uses including financial institutions (e.g. banks, savings and loans, credit unions,
and mortgage offices) shall not be allowed on the ground floor within businesses which have an entry from
and/or windows along and/or frontage on Atlantic Avenue in the Central Core Area or the Beach Area.
Office uses shall be allowed up to 50% of the ground floor as a permitted use within businesses which have
an entry from and/or windows along and/or frontage on Atlantic Avenue in the West Atlantic Area and as a
Conditional Use if greater than 50%. Office uses are allowed on floors other than the ground floor along
Atlantic Avenue and on all floors elsewhere in the CBD district. This regulation shall not apply to existing
buildings in the Central Core Area or the Beach Area that have 80% or more of their frontage at a setback of
25 feet or greater.
(2) The sale of second hand material, other than verifiable antiques, shall not be allowed
within businesses nor on properties which have an entry from and/or windows along and/or frontage on
Atlantic Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way) between East Atlantic Avenue and N.E.
4r~ Street.
(3) The sale of automotive parts, firearms, and lawn care equipment, shall not be allowed
within the West Atlantic Neighborhood nor within businesses or on properties which have an entry from
and/or windows along and/or frontage on East Atlantic Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove
Way) between East Atlantic Avenue and N.E. 4~ Street.
(4) The picking-up, dropping-off, or otherwise transporting workers, assigned through an
employment agency, from an assembly point in the CBD to the work site is prohibited, except within the
West Atlantic Neighborhood area provided the structure involved does not have an entrance from and/or
windows facing West Atlantic Avenue.
(5) Within the West Atlantic Neighborhood, all permitted uses with drive-through
facilities shall require conditional use approval.
(6) Minimum floor area for multi-family residential dwelling units shall be as established
for the Medium Density Residential (Rlvi) zoning district in Section 4.3.4(I~.
(7) Multi-family dwelling units may be located in structures that are comprised of
residential units only or in mixed-use buildings that contain a combination of residential and non-residential
uses. However, where residential uses are located in structures having frontage on Atlantic Avenue, NW/SW
5~h Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way), there must be nonresidential uses fronting the
Avenue on the ground floor. In lieu of providing non-residential uses fronting the west side of N.E. 2nd
Avenue between N.E. 3rd Street and N.E. 4~h Street (hereinafter referred to as the exception area), the
developer may elect to provide a building and property fronting on N.E. 2"d Avenue at the intersection of
N.E. 3rd Street and N.E. 2nd Avenue which shall be conveyed to the City for Community Facility purposes
and dedicate an area for Open Space in the northeast corner at the intersection of N.E. 2"d Avenue and N.E.
ORD. N0.53-07
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4~ Street. The purpose of the alternative is to encourage pedestrian travel, promotion of the Arts, the
provision of needed Open Space, encouraging public art and to provide space for an entry way feature, all of
which is in keeping with the vision for Pineapple Grove. If the developer chooses the alternative in the
exception area instead of providing non-residential uses, he must submit a developer's agreement containing
terms acceptable to the City at the time of application of a building permit.
(8) The rental of sporting goods and equipment shall be limited to no more than one
business renting a specific category of item (i.e. bicycles, skates, etc.) every 300 feet measured in a straight line
from door to door, and any outdoor displays are subject to the restrictions set forth in Section 4.6.6(C)(3).
(9) 24-Hour or late night businesses as defined herein must be processed as a conditional
use and are subject to the provisions of Section 4.3.3(V~.
X10) Automobile boutique as defined herein must be processed as a conditional use and is
subject to the provisions of Section 4.3.3(ZZZI.
Section 5. That Appendix "A" of of the Land Development Regulations of the Code of
Ordinances of the City of Dekay Beach, Florida, be and the same is hereby amended to read as
follows:
AUTOMOBILE BOUTIOUE• A limited specialty store for the ,purpose of retail sales and long term leasing
(defined as a period not less than six l6 months~of exotic automobiles with a minimum retail cost of
X75 000 00, adjusted upward thereafter corresponding with increases in the consumer price index (2007 base
Y~•
Section 6. 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 7. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
6 ORD. N0.53-07
/ 1
Section 8. That this ordinance shall be
second and final reading.
PASSED AND ADOPTED in regular ses:
day of 200_.
ATTEST
City Clerk
First Reading~l
Second Reading
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS ~~~
FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR OF PLANNING A ZONI G
PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING ~_ D
THROUGH: CITY MANAGER ,4, / GCu~~
DATE: NOVEMBER 1, 2007
SUBJECT: AGENDA ITEM # ~ O. - REGULAR MEETING -NOVEMBER 6. 2007
ITEM BEFORE COMMISSION
The item before the City Commission is aprivately-initiated amendment to several LDR sections
to add a new conditional use of Automobile Boutigue in the Central Business District, providing
a definition of Automobile Boutique, and special regulations under which the use can be
established.
BACKGROUND
This privately initiated amendment will accommodate the display and sale of some of the world's
more expensive automobiles. The automobile boutique would have no outdoor display of the
vehicles, no open hoods, no banners or other sales gimmicks used by typical automobile
dealerships. All vehicles will be displayed inside an entirely enclosed showroom (available for
viewing on an appointment basis), interior showroom fighting will be maintained until midnight,
and no more than one automobile boutique is allowed within any one block or within 750 feet of
another automobile boutique measured from lot line to lot line in a straight line. A full list of the
special regulations associated with this use is provided in the attached ordinance.
The proposed ordinance incorporates a combination of the LDR amendment submitted by the
applicant, comments from the staff, and the recommendations of our various boards.
REVIEW BY OTHERS
Pineapple Grove Main Street (PGMS) reviewed the proposal at their October 3, 2007 meeting
and recommended approval by a vote of 9-1.
The Downtown Development Authority (DDA} reviewed the proposal at their October 8, 2007
meeting and recommended approval by a vote of 4-0 with the following recommended
conditions:
SUBSECTION 4 4.13(Hl "SPECIAL REGULATIONS," ARTICLE 4.3
USE IN THE CENTRAL BUSINESS DISTRICT.
City Commission Documentation, Meeting of November 6, 2007
Privately-Initiated Amendment to the LDRs RE: Automobile Boutique as Cond. Use in the CBD
1. The minimum price of a vehicle be raised to $75,400.04 and be adjusted to allow for 3%
inflation rate per year.
2. To require that entrance to the showroom be by private appointment only with a door
buzzer.
3. The interior lights (of the showroom) stay lighted un#il 12 midnight.
4. Motorcycles be prohibited.
5. Shades on windows be prohibited.
6. Two such uses are prohibited within the same block.
The West Atlantic Redevelopment Coalition {WARC) reviewed the proposal at their October 10,
2007 meeting and recommended approval by a vote of 5-0.
The Community Redevelopment Agency {CRA) reviewed the proposal at their October 11, 2007
meeting and recommended approval.
The Planning and Zoning Board considered the subject LDR Amendment at 'tts meeting of
October 15, 2007, and voted 7-0 to recommend approval with suggestions that were agreed
upon by the applicant and reflected in the attached ordinance.
RECOMMENDATION
By motion, approve on first reading Ordinance No. 53-07, to amend Land Development
Regulations (LDRs} Appendix A Definitions, Section 4.4.13(D) and Section 4.3.3, adding the
use of Automobile Boutique to the conditional uses allowed in the Central Business District
subject to specific regulations, by adopting the Endings of fact and law contained in the staff
report, and finding that the text amendment and approval thereof is consistent with the
Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M).
Attachments:
^ Ordinance No. 53-07
^ Planning and Zoning Staff Report of October 15, 2007
2
ORDINANCE N0.53-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.3, "SPECIAL
REQUIREMENTS FOR SPECIFIC USES", BY ENACTING SUBSECTION 4.3.3
(ZZZ), "AUTOMOBILE BOUTIQUE", AMENDING SECTION 4.4.13, "CENTRAL
BUSINESS DISTRICT (CBD)", SUBSECTIONS 4.4.13(D), "CONDITIONAL USES
AND STRUCTURES ALLOWED" AND 4.4.13(H), "SPECIAL REGULATIONS";
AMENDING APPENDIX A DEFINITIONS; TO ADD AUTOMOBILE BOUTIQUES
AS A CONDITIONAL USE IN THE CENTRAL BUSINESS DISTRICT WITH
SPECIFIC REQUIREMENTS; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on October 15, 2007, and voted 7 to 4 to recommend
that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as
the Local Planning Agency, has determined that the change is consistent with and furthers the goals,
objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning
and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent
with the Comprehensive Plan; and
WHEREAS, the use of an Automobile Boutique is determined to be distinctly different from a Full
Service Automobile Dealership, since it will not include provisions for body work, mechanical repairs, or
painting of vehicles; it will require all vehicles to be contained and displayed in a fully enclosed
showroom, require a minimum price of $75,000, will not allow vehicle washing on site, and will require
a minimum separation requirement from other Automobile Boutique uses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above aze incorporated herein.
Section 2, That Section 4.3.3, "Special Requirements for Specific Uses", of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and
the same is hereby amended by enacting Subsection 4.3.3.(ZZZ}, "Automobile Boutique" to read
as follows:
Z( ZZ) Automobile Boutique: The following shall apply to all automobile boutiques:
1) All automobiles are to be contained and displayed in a totally enclosed showroom. At least seventy-
five percent (75%) of the surface area of the front wall(s) at the ground floor of each building is
devoted to display windows and to entrances for the public to view the automobiles.
2} There shall be no outdoor display of automobiles.
3) There shall be no promotional devices of any sort used on the exterior of the building containing the
automobiles Appropriate signage consistent with the City's sib code shall not be construed as
promotional devices.
No automobiles are to be raised anYpreater than 1'-0" above the floor upon which they are displayed.
5) No automobiles shall have an open hood or trunk for display pumoses.
~ The automobile showroom is not to be open to the exterior in any way other than show windows.
?} There is to be a retail shop directly associated and attached with the showroom. The retail shoe is
allowed to sell to the general public items that are related to the automobiles being marketed. These items
shall include but not be limited to: clothing and accessories.
8) This is to be a very high end automobile boutique with the lowest price of an automobile to be
$75 000.00 and adjusted upward thereafter correspondingwith increases in the consumer price index
(2007 base yearl.
9) All interior lighting shall be done in a very creative manner, well desired so as not to be excessive to
public views. The interior liQhting~lan shall be approved by the Site Plan Review and Appearance
Board. All li tg Ming is to be confined to the site and directed into the building. All lightin i~ s to
remain on until at least 12:00 Midxright, seven nig~its a week.
10) There is to be no repair or bodywork done on site.
11} There is to be no washing of automobiles on site. Final detailing can be performed on the interior of
the building.
ORD. N0.53-07
12) There is to be no daily rental of automobiles. Lang term leasing of vehicles of not Less than one (I)
year is permitted.
13 The square footage of the display azea must be defined as part of the conditional use ant~roval
rop cess.
14) The exterior signage shall not contain the following words: car or dealership.
15) That no more auto boutiques be located within any one block nor within 750 feet of another auto
boutique measured from lot line to lot line in a stral t line.
Prior to the renewal of an annual occupational license, the business owner must certify in affidavit form
compliance with these 15 reQuirements.
Section 3. That Section 4.4.13, "Central Business District (CBD)", Subsection
4.4.13{D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended
to read as follows:
{D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses
within the CBD District:
(1) Adult congregate living facilities.
(2} Residential Licensed Service Provider Facilities subject to restrictions set forth in Section
4.3.3(D).
(3) Amusement game facilities limited to such uses as pinball, air hockey, electronic games,
and other similar coin operated games when an attendant is on duty.
(4) Child care and adult day care.
DELETED (5) AND RENUMBERED
(5) Financial institutions, e.g., banks and similar institutions including drive through facilities
pursuant to restrictions set forth in Section 4.4.13(T~(1).
{5) Funeral homes including accessory uses, such as, a chapel, crematory, and the like.
(7) Gasoline stations or the dispensing of gasoline directly into vehicles, except that such use
shall not be allowed in the West Atlantic Neighborhood, the Beach District, nor on lots which front along
ORD. NO.53-07
Atlantic Avenue or N.E. 2"d Avenue (a/k/a Pineapple Grove Way), beginning at a point 105' south of N.E.
4th Street.
{8) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature
golf courses, skating rinks.
(9) Veterinary clinics.
(10) Movie theaters, excluding drive-ins.
(11) Playhouses, dinner theaters, and places of assembly for commercial entertainment purposes
(e.g., concerts, live performances}.
(12) Flea markets, bazaars, merchandise marts, and similar retail uses.
(13) Wash establishment, with automatic/mechanical systems only, for vehicles, except :that
such use shall not be located east of the Intracoastal Waterway or on lots which front along Atlantic
Avenue. Further, this use must be established on property with a minimum lot area of 20,000 sq.ft.
(14) Multi-family dwelling units, excluding duplexes, at a density greater than thirty (30) units
per acre, on property located south of N.E. 2nd Street and north of S.E. 2nd Street, subject to the standards
and limitations of Section 4.4.13(I).
{15} Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth
in Section 4.3.3(n.
(16) Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may provide their
required parking as valet parking, subject to the provisions of Section 4.6.9{F)(3).
(I7} Drive-in or drive-through restaurants on property located within the West Atlantic
Neighborhood.
(18) Hotels, motels, bed and breakfast inns, and residential-type inns on property located within
the West Atlantic Neighborhood.
{19) Free standing or mixed-use residential development at a density greater than twelve (12)
units per acre, but not exceeding 30 units per acre, on property located within the West Atlantic
Neighborhood, subject to the standards and limitations of Section 4.4.13(I).
(20Z Automobile Boutiques.
4 ORD. NO.53-07
Section 4. That Section 4.4.13 "Central Business District (CBD}", Subsection
4.4.13(H), "Special Regulations", of the Lan
Ordinances of the City of Dekay Beach, Florida,
follows:
(H) Saecisl Regnlations:
d Development Regulations of the Code of
be and the same is hereby amended to read as
(1) Office uses including financial institutions (e.g. banks, savings and loans, credit
unions, and mortgage offices} shall not be allowed. on the ground floor within businesses which have an
entry from and/or windows along and/or frontage on Atlantic Avenue in the Central Core Area or the
Beach Area. Office uses shall be allowed up to 50% of the ground floor as a permitted use within
businesses which have an entry from and/or windows along and/or frontage on Atlantic Avenue in the
West Atlantic Area and as a Conditional Use if greater than 50%. Office uses are allowed on floors other
than the ground floor along Atlantic Avenue and on all floors elsewhere in the CBD district. This
regulation shall not apply to existing buildings in the Central Core Area or the Beach Area that have SO%
or more of their frontage at a setback of 25 feet or greater.
(2) The sale of second hand material, other than verifiable antiques; shall not be
allowed within businesses nor on properties which have an entry from and/or windows along and/or
frontage on Atlantic Avenue or N.E. 2na Avenue (a/k/a Pineapple Grove Way) between East Atlantic
Avenue and N.E. 4~' Street.
(3) The sale of automotive parts, firearms, and lawn care equipment, shall not be
allowed within the West Atlantic Neighborhood nor within businesses or on properties which have an
entry from and/or windows along and/or frontage on East Atlantic Avenue or N.E. 2n~ Avenue (a/k/a
Pineapple Grove Way} between East Atlantic Avenue and N.E. 4~' Street.
(4} The picking-up, dropping-off, or otherwise transporting workers, assigned through
an employment agency, from an assembly point in the CBD to the work site is prohibited, except within
the West Atlantic Neighborhood area provided the structure involved does not have an entrance from
and/or windows facing West Atlantic Avenue.
(5} Within the West Atlantic Neighborhood, all permitted uses with drive-through
facilities shall require conditional use approval.
(6) Minimum floor area for multi-family residential dwelling units shall be as
established for the Medium Density Residential {RM) zoning district in Section 4.3.4(x).
5 ORD. NO. 53-07
(7) Multi-family dwelling units may be located in structures that are comprised of
residential units only or in mixed-use buildings that contain a combination of residential and non-
residential uses. However, where residential uses are located in structures having frontage on Atlantic
Avenue, NW/SW Soh Avenue or N.E. 2"d Avenue (a/k/a Pineapple Grove Way), there must be
nonresidential uses fronting the Avenue on the ground floor. In lieu of providing non-residential uses
fronting the west side of N.E. 2na Avenue between N.E. 3~ Street and N.E. 4`~ Street (hereinafter referred
to as the exception area), the developer may elect to pmvide a building and property fronting on N.E. 2na
Avenue at the intersection of N.E. 3'~ Street and N.E. 2id Avenue which shall be conveyed to the City for
Community Facility purposes and dedicate an area for Open Space in the northeast corner at the
intersection of N.E. 2°a Avenue and N.E. 4~' Street. The purpose of the alternative is to encourage
pedestrian travel, promotion of the Arts, the provision of needed Open Space, encouraging public art and
to provide space for an entry way feature, all of which is in keeping with the vision for Pineapple Grove. If
the developer chooses the alternative in the exception area instead of providing non-residential uses, he
must submit a developer's agreement containing terms acceptable to the City at the time of application of
a building permit.
(8) The rental of sporting goods and equipment shall be limited to no more than one
business renting a specific category of item (i.e. bicycles, skates, etc.) every 300 feet measured in a
straight line from door to door, and any outdoor displays aze subject to the restrictions set forth in Section
4.b.b(C)(3).
(9) 24-Hour or late night businesses as defined herein must be processed as a
conditional use and aze subject to the provisions of Section 4.3.3(W).
(10) Automobile boutique as defined herein must be processed as a conditional use and
is subject to the provisions of Section 4.3.3(ZZZ).
Section 5. That Appendix "A" of of the Land Development Regulations of the Code of
Ordinances of the City of Dekay Beach, Florida, be and the same is hereby amended to read as
follows:
AUTOMOBILE BOUTIQUE' A limited specialty store for the purpose of retail sales and loner
leasing (defined as a~criod not less than six (6) months) of exotic automobiles with a minimum retail cost
of $75 000 00 adjusted upward thereafter corresponding with increases in the consumer price index (2007
base eaz .
Section 6. That should any section or provision of this ordinance or any portion thereof,
arty 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.
ORD. N0.53-D7
.Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 8. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED iin regular session on second and final reading on this the
day of , 200_
ATTEST
City Clerk
First Reading
Second Reading_
MAYOR
7 ORD. N0.53-07
;: :; _
PLANNING-AND ZQNING BOARD "ST~iFF 1~1=PORT
MEETING DATE: OCTOBER 15, 2007
AGENDA NO: IV.B.
AGENDA ITEM: CONSIDERATION OF APRIVATELY-INITIATED AMENDMENT TO THE
LAND DEVELOPMENT REGULATIONS (LDR}, AMENDING SECTION
4.4.13 "CENTRAL BUSINESS DISTRICT (CBD)," SUBSECTION 4.4.13(D},
"CONDITIONAL USES AND STRUCTURES ALLOWED," AND
SUBSECTION 4.4.13(H) "SPECIAL REGULATIONS," SECTION 4.3
"DISTRICT REGULATIONS, GENERAL PROVISIONS," SUBSECTION 4.3.3
"SPECIAL REQUIREMENTS FOR SPECIFIC USES," AND APPENDIX A
DEFINITIONS, TO ADD AUTOMOBILE BOUTIQUES AS A CONDITIONAL
USE IN THE CENTRAL BUSINESS DISTRICT WITH SPECIFIC
REQUIREMENTS. ::ii..~~
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The item before the Board is to make a recommendation to the City Commission regarding a
privately-initiated amendment to Land Development Regulations (LDRs) Appendix A-Definitions,
and Subsections 4.3.3, 4.4.13(D), and 4.4.13(H), to define Automobile Boutiaue, allow i# as a
conditional use in the Central Business District, and to provide for specific regulations.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may
no# be made until a recommendation is obtained from the Planning and Zoning Board.
The private party formally initiating this amendment desires to introduce the new specific use of an
automobile bvutiaue as a conditional use into the Central Business District. Following is a
verbatim narrative provided by the applicant:
We feel the suggested new addition of the Auto Boutique section would allow for a very low impact
and tastefully done automobile showroom. The purpose is to display some of the worlds more
expensive automobiles in a jewelry store type of environment. The inferior would be lit in a very
!ow-key manner and would be very exciting to see from the exterior. We would expect to have
many people want to simply stroll by to see these works of art. It is always wonderful fo window
shop. People may even visit the downtown area just simply to see our display.
The low impact aspect is that there is no outdoor display of autos, no hoods open, no banners and
all of the other sales gimmicks used by typical car dealerships. There are only a handful of
employees so the trip generation of road use would be extremely minimal.
This business caters to the highly paid segment of sports frgunes and ofher very well known
influential persons. This will -bring an additional element of people fo Delray. These people will
enrich the town by dining, shopping and possibly purchasing properly once they see how
wonderful the city is.
Planning and Zoning Board Mee#ing, October 15, 2007
LDR Amendment -Automobile Boutiques in the CBD
The building is currently expected to have a private display area, which is only accessible, by
appointment. The owners do not want the genera! public wandering though the display area with
any chance of an aufo being damaged.
There are plans to have a clothing boutique and accessories for the genera! public to purchase.
There wil! also be coffee, tea and wine area with a window Looking into the display area. On the
second floor wi!! be corporate offices and conference rooms.
The LDR amendment will add the following definition of Automobile Boutique and introduce
specific regulations as noted below.
Definition:
Automobile Boutique: A limited specialty store for the purpose of retai! sales and long term leasing
of exotic automobiles wifh a minimum retai! cost of $50,000.00.
To more specifically define what would qualify as an automobile boutique, the following are
recommended:
^ The anticipated duration of °Iong temp leasing" should be specified, and staff recommends a
minimum period of six mon#hs.
^ Based upon the applicant's presentation, a minimal cost of $50,000.00 appears low.
The definition should be revised to read:
Automobile Boutiaue~ A limited specialty store for the purpose of retail sales and Iona term leasing
(defined as a period not less than six (6) months) of exotic automobiles with a minimum retail cost
of $75 000.00 adjusted upward thereafter corresponding with increases in the consumer price
index !2007 base year).
Proaosed Regulations
The following specific regulations have been proposed to govern automobile bou#ique uses. As
applicable, staff commentary is shown after each proposed regulation in boldface italics, followed
by staff suggested revisions in underline text:
1) All automobiles are to be contained and displayed in a totally enclosed showroom. There may
be storefront glass for the public to view the automobiles.
To encourage pedestrian activity, enhance the window shopping experience, and fo avoid
dark storefronts, storefront glass should be mandatory and not permissive. The regulation
should be revised fo read:
All automobiles are to be contained and displayed in a totally enclosed showroom. At least
2) There shall be no outdoor display of au#omobiles.
3} There shall be no promotional devices of any sort used on the exterior of the building
containing the automobiles.
The narrative that accompanied the amendment rrequest specified that banners and other
`sales gimmicks' used by typical car dealerships would not be used. As currently written,
condifion #3 might exclude the allowance of signage. This condition should be clarified to
2
'Planning and Zoning Board Meeting, October 15, 2007
LDR Amendment -Automobile Boutiques in the CBD
further detail the specific promotional devices That would not be allowed, but specify that
signage is not to be construed as prohibited. The regulation should be revised to read:
There shall be no promotional devices of any sort used on the exterior of the building containing
the automobiles. Appropriate signage consistent with the Citv's sign code shall not be construed
as promotional devices.
4) No automobiles are to be raised any greater than 1'-0" above the floor upon which they are
displayed.
5} No more than one automobile shall have an open hood or trunk for display purpose.
The narrative indicated fhaf there would be no open hoods, while this condition would allow
one. Final intention regarding open hoods should be clarified. Sfaff does not support open
hoods or trunks. The regulation should be revised to read:
No automobiles shall have an open hood or trunk for displav purposes.
6) The automobile showroom is not to be open to the exterior in any way other than show
windows.
7) There is to be a retail shop directly associated and attached with the showroom. The retail shop
is allowed to sell to the general public items that are related to the automobiles being marketed.
These items shall include but not be limited to: clothing and accessories.
8) This is to be a very high end automobile boutique with the [owest price of an automobile to be
$50,000.00.
The dollar amount stated appears low fo support the applicant's targeted clientele for this
use. Also, a frxed cost would require fhe Text fo be amended to respond to economics and
market conditions. A larger price tag and allowance for adjustment to respond to inflation
and market forces should be included. The regulation should be revised fo read:
This is to be a very high end automobile boutique with the lowest price of an automobile to be
$75.000.00 and adjusted upward thereafter corresponding with increases in the consumer price
index (2007 base vear).
9} All interior lighting shall be done in a very creative manner, well designed so as not to be
excessive to public views. The interior lighting plan shall' be approved by the city Planning and
Zoning Board prior to the issuance of any building permits and shall be reviewed for
compliance prior to the issuance of a certificate of occupancy.
Because interpretations of what constitufes `very creative,' `well designed,' and `excessive
to public views' could vary, this statement requires further definition of what is acceptable.
Also, as a matter of authority, it would be the Site Plan Review and Appearance Board
(SPRAB} That would ultimately approve the site plan (if granted conditional use approval.
The lighfing condition could be recommended by the Planning and Zoning Board, approved
by the City Commission as part of the conditional use approval, but the SPRAB would
ultimately approve the site plan. Also, this would occur prior to building permits and
certificates of occupancy. The regulation should be revised to read:
3
Planning and Zoning Board Meeting, October 15, 2007
LDR Amendment -Automobile Boutiques in the CBD
All interior lighting shalE be done in a very creative manner well designed so as not to be excessive
to public views The interior lighting plan shall be approved by the Site Plan Review and
Appearance Board All lighting is to be confined to the site and directed into the building. All
lighting is to remain on until at least 12:00 Midnight, seven nights a week.
10) There is to be no repair or bodywork done on site.
11}There is to be no washing of more than one automobile at a time on the exterior of the building
on site. Any final detailing is to be performed on the interior of the building.
Currently in the CBD, wash establishments for vehicles are allowed only by conditional use
and only by automatic/mechanical systems. Further, the current regulations prohibit such
uses east of the Intracoastal Waterway, along lots that front Atlantic Avenue, or on lots
measuring less than 20,000 S.F. Washing of any vehicles on the outside of buildings
presents issues of errant spraying along with residual runoff in areas intended to be
pleasant for pedestrians. Outdoor washing must be prohibited to avoid these nuisances,
and vehicles would therefore need to be washed prior to delivery to the site. The regulation
should be revised to read:
There is to be no washing of au#omobiles on site. f=inal detailing can be pertormed on the interior of
the building.
12) There is to be no daily rental of automobiles. Lang term leasing is permitted.
Long term leasing must be defined. The regulation should be revised to read:
There is to be no daily rental of automobiles. Long term leasing of vehicles of not less than six (6)
months is permitted.
13) The Planning and Zoning Board must approve the display area square footage prior to the
issuance of a building permit.
This should be revised to state that the display area must be defined by the Planning and
Zoning Board as part of the conditional use recommendation to City Commission. The City
Commission would approve the measured area, and the SPRAB would approve the
subsequent site plan showing the display area. The regulation should be revised to read:
The square footage of the display area must be defined as part of the conditional use approval
rop CeSS.
14) The exterior signage shall not contain the following words: car or dealership.
Pursuant to the recommendation of the DDA we recommend the following additional regulation be
added:
15) That nv more auto boutiques be located within any one block nor within 750 feet of another
auto boutique measured from lot line to lot line in a straight line.
4
Planning and Zoning Board Meeting, October 15, 2007
LDRAmendment -Automobile Boutiques in the CBD
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Comprehensive Plan Conformance
LDR Section 2.4.5(M}(5) {Findings} requires that the City Commission make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan. Fallowing are goals, objectives, and/or policies that are relevant regarding
the proposed amendment. As applicable, staff commentary is shown after each proposed Goal,
Objective and/or Policy in boldface italics.
Policv A-2.4 Automobile uses are a significant land use within the City and as such they have
presented unique concerns. In order to properly control these uses and guide them to locations
which best suit the community's future development, the following shall apply:
1) Auto related uses other than gasoline stations, wash establishments, and auto parts sales,
shall not be permitted in the area encompassed by the CBD zone district.
By strict definition, the proposed use would be considered an auto related use that
would therefore not be consistent with this policy of the Comprehensive Plan.
2) Automobile dealerships shall not locate andlor expand in the following areas:
^ Within the CBD zone district;
^ West side of Southbound Federal Highway between George Bush Boulevard and S.E. 10th
Street;
^ East side of Federal Highway, between George Bush Boulevard and the north property line
of the Delray Swap ShoplFlea Market Property;
^ On properties fronting George Bush Boulevard, east of Federal Highway. jRevised by
Amendment 07 1]
The definition of a Full Service Automobile Dealersh~ is as follows:
The provision of all services necessary to accommodate the sale and service of new aufomobiles
including franchise sales. At a minimum, all of the fallowing must be accommodated at the
dealership site in order to qualify as a full service automobile dealership, franchise auto sales, auto
repair, and aufo service.
The proposed use as described (with revisions} would not meef the current LDR definition
of a Full Service Automobile Dealership. Therefore, this amendment would not be
inconsistent with this policy of the Comprehensive Plan.
Obiective C-3 Economic developmen# is an essential component of the redevelopment and
renewal efforts which are directed to the future of the City of Delray Beach. Specific efforts for the
coordination and provision of economic development activities shall be centered in the City
Administration's Development Services Management Group.
The request was discussed at DSMG which provided guidance and direction to process fhis
privately-initiated LDR fext amendment.
Obiective C-4 The Cen#ral Business District (CBD) represents the essence of what is Delray
Beach i.e. a "village like, community by the sea". The continued revitalization of the CBD is
5
Planning and Zoning Board Meeting, October 15, 2007
LDR Amendment -Automobile Boutiques in the CBD
essential to achieving the overall theme of the City's Comprehensive Plan of "A City Set Apart In
South Florida."
Policy C-4.2 The "Downtown Delray Beach Master Plan" was adopted by the City Commission on
March 19, 2442. Covering the downtown business districts surrounding the Atlantic Avenue
corridor between I-95 and A-1-A, it represents the citizens' vision far the growth and unification of
Delray Beach, while s#ill retaining the "village like, community by-the-sea" character of the CBD.
The Plan addresses a wide range of issues including infill development, neighborhood parks,
shared parking, public art, the roadway and alleyway systems, marke#ing/economic development,
and the need to modify the Land Development Regulations to include design guidelines to retain
the character of Delray Beach. Future development and redevelopment in this area shall be
consistent with the Master Plan. (Revised by Amendment 02-~]
!f specific qua-ifying criteria were applied to this use to distinguish it from an automobile
dealership and to further define it more in line with a specialty retail store, it would
contribute to the revitalization of the CBD.'
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The proposed amendment was presented before the following boards with recommendations
made as follows:
Pineapple Grove Main Street (PGMS} reviewed the proposal at their October 3, 2007 meeting and
recommended approval by a vote of 9-1.
The Downtown Development Authority (DDA) reviewed the proposal at their October 8, 2007
meeting and recommended approval by a vote of 4-0 with the following recommended conditions:
1. The minimum price of a vehicle be raised to $75,000.00 and be adjusted to allow for 3%
inflation rate per year.
2. To require that entrance to the showroom be by private appointment only with a door
buzzer.
3. The interior lights (of the showroom) stay lighted until 12 midnight.
4. Motorcycles be prohibited.
5. Shades on windows be prohibited.
6. Two such uses are prohibited within the same block.
The West Atlantic Redevelopment Coalition {WARC) reviewed the proposal at their October 10,
2007 meeting and recommended approval by a vote of 5-0
The Community Redevelopment Agency (CRA) reviewed the proposal at their October 11, 2007
meeting and recommended approval.
Notices•
Courtesy notices were provided to the following associations:
^ Neighborhood Advisory Council Old School Square Historic District
^ Chamber of Commerce Marina Historic District
^ Beach Property Owner's Association Barr Terrace Condominium
^ Delray Merchant's Association ^ Barr Harbor Condominium
^ West Settlers Historic District
6
planning and Zoning Board Meeting, October 15, 2007
LDR Amendment - Automobile Boutiques in the CBD
Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting.
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The purpose of this privately-initiated LDR text amendment is to allow a new use of an Automobile
Boutique as a conditional use in the Central Business District. This amendment is not wholly
consistent with the Comprehensive Plan and limited positive findings can be made with respect to
LDR Section 2.4.5(M}{5). Staff has put forth modifications to the proposed language which we
would recommend be included to insure that this use remains compatible with other CBD uses.
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A. Continue with direction.
B. Move a recommendation of approval to the City Commission of the amendment to Land
Development Regulations, Appendix A Definitions, Section 4.4.13(D}, and Section 4.3.3,
adding the use of Automobile Boutique to the conditional uses allowed in the Central Business
District with specific regulations, by adopting the findings of fact and law contained in the staff
report, and finding #hat the text amendment and approval thereof is consistent with the
Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M}.
C. Move a recommendation of denial to the City Commission of the amendment to Land
Development Regulations, Appendix A Definitions, Section 4.4.13(D}, and Section 4.3.3,
adding the use of Automobile Boutique to the conditional uses allowed in the Central Business
District with specific regulations, by adapting the findings of fact and law contained in the staff
report, and finding that the text amendment and approval thereof is not consistent with the
Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) {motion
to be made in the affirmative).
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Move a recommendation of approval to the City Commission of the amendment #o Land
Development Regulations, Appendix A Definitions, Section 4.4.13(D), and Section 4.3.3, adding
the use of Automobile Boutique to the conditional uses allowed in the Central Business District with
specific regulations, by adopting the findings of fact and law contained in the staff report, and
finding that the text amendment and approval thereof is consistent with the Comprehensive Plan
and meets the criteria set forth in LDR Section 2.4.5(M}, subject to the following revisions shown as
underlined text:
DEFINITION
Automobile Boutique: A limited specialty sfore for the purpose of retail sales and long Perm leasing
of exotic automobiles with a minimum retail cost of $50,000.00.
Automobile Boutique• A limited specialty store for the purpose of retail sales and long term leasing
!defined as a period not less than six t6) months) of exotic automobiles with a minimum retail cost
of 575.000.00, adiusted upward thereafter corresponding with increases in the consumer price
index (2007 base year?.
7
Planning and Zoning Board Meeting, October 15, 007
LDR Amendment -Automobile Boutiques in the C D
PROPOSED REGULATIONS
1) All automobiles are to be contained and displayed in a totally enclosed showroom. There may
be storefront glass far the public to view the automobiles.
1) All automobiles are to be contained and displayed in a totally enclosed showroom. At least
seventy-five percent (75%} of the surface area of the front walls} at the ground floor of each
building is devoted to display windows and to entrances for the public to view the automobiles.
2) There shall be no outdoor display of automobiles.
3) There shall be no promotional devices of any sort used on the exterior of the building
containing the automobiles.
3) There shall be no promotional devices of any sort used on the exterior of the building
containing the automobiles. Appropriate signage consistent with the City's sign code shall not
be construed as promotional devices.
4) No automobiles are to be raised any greater than 1'-0" above the floor upon which they are
displayed.
5) No more than one automobile shall have an open hood or trunk for display purpose.
5) No automobiles shall have an open hood or trunk for display purposes.
6) The automobile showroom is not to be open to the exterior in any way other than show
windows.
7) There is to be a retail shop directly associated and attached with the showroom. The retail shop
is allowed to sell to the general public items that are related to the automobiles being marketed.
These items shall include but not be limited to: clothing and accessories.
8} This is to be a very high end automobile boutique with the lowest price of an automobile to be
$50,000.00.
8) This is to be a very high end automobile boutique with the lowest price of an automobile to be
$75.000.00 and adjusted upward thereafter corresponding with increases in the consumer price
index (2007 base year).
9) All interior lighting shall be done in a very creative manner, well designed so as not to be
excessive to public views. The interior lighting plan shall be approved by the city Planning and
Zoning Board prior to the issuance of any building permits and shall be reviewed for
compliance prior to the issuance of a certificate of occupancy.
9) All interior lighting shall be done in a very creative manner, well designed so as not to be
excessive to public views. The interior lighting plan shall be approved by the Site Plan Review
and Appearance Board. All lighting is to be confined to the site and directed into the building..
All lighting is to remain on until at least 92:00 Midnight, seven nights a week.
10} There is to be no repair or bodywork done on site.
19) There is to be no washing of more than one automobile at a time on the exterior of the building
on site. Any final detailing is to be performed on the interior of the building.
8
"Planning and Zoning Board Meeting, October 15, 2007
LDR Amendment -Automobile Boutiques in the CBD
11) There is to be no washing of automobiles on site. Final detailing can be pertormed on the
interior of the building.
12) There is to be no daily rental of automobiles. Long term leasing is permitted.
12) There is to be no daily rental of automobiles. Long term leasing of vehicles of not less_than six
6 months is ermitted.
13) The Planning and Zaning Board must approve the display area square footage prior to the
issuance of a building permit.
13) The square footage of the displav area must be defined as part of the conditional use approval
process.
14) The exterior signage shall not contain the following words: car or dealership.
15) That no more auto boutiques be located within any one block nor within 7b0 feet of another
auto boutique measured from lot line to lot line in a straight line.
Attachment:
^ Privately Initiated Amendment
9
Planning 8 Zoning Department
'..;:~~. MEMORANDUM
TO: City Commission
DATE: November 6, 200
FROM: Paul Dorling
Director of Planning and Z ing
SUBJECT: Withdrawal of Public Hearing Item No. 10.C. Ordinance 53-07
Automobile Boutioues as Conditional Use in the Central Business District
Please be advised that the applicant for the subject privately-initiated amendment to the
Land Development Regulations has requested it be withdrawn:
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CITY OF DELRAY BEACH
NOTICE OF PROPOSED
AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS TO
ADD AUTOMOBILE BOUTIQUES AS
A CONDITIONAL USE IN THE
CENTRAL BUSINESS DISTRICT
WITH SPECIFIG REQUIREMENTS.
The City Commission of the City of Delray Beach, Florida, proposes to adopt
the following ordinance:
QRDlNANCE N0.53-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULA-
TIONS OFTHE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.3,
"SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY ENACTING
SUBSECTION 4.3.3 (ZZZ), "AUTOMOBILE BOUTIQUE', AMENDING
SECTION 4.4.13, "CENTRAL BUSINESS DISTRICT (CBD)", SUBSEC-
TIONS 4.4.13(D), "CONDITIONAL USES AND STRUCTURES ALLOWED"
AND 4.4.13(H), "SPECIAL REGULATIONS"; AMENDING APPENDIX A
DEFINITIONS; TO ADD AUTOMOBILE BOUTIQUES AS A CONDITIONAL
USE tN THE CENTRAL BUSINESS DISTRICT WITH SPECIFIC REQUIRE-
MENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, ANDAN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the purpose of
accepting public testimony regarding the proposed ordinance. The first
Public Hearing will be held an TUESDAY NOVEMBER 6 2407 AT 1.40 PIN
in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray
Brach, Florida. If the proposed ordinance is passed on first reading, a
second Public Hearing will be held on TUESDAY NOVEMBER 20 2007 AT
7:00 P.M. (or at any continuation of such meeting which is set by the
Commission) in the Commission Chambers at City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida.
Afl interes#ed citizens are invited to attend the public hearings and comment
upon the proposed ordinance or submit their comments in writing on or
before the date of these hearings to the Planning and Zoning Department.
For further information ar to obtain a copy of the proposed ordinance, please
contact the Planning and Zoning Department, City HaU, 100 N.W. 1st
Avenue, Delray Beach, Florida 33444 (email at
p~mail~mydeiraybeach.com) or by calling 561/243-7040}, between the
hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays.
Please be advised that it a person decides to appeal any decision made by
the City Commission with respect to any matter considered at there
hearings, such person may need to ensure that a verbatim record includes
'he testimony and evidence upon which the appeal is to be based. The City
does not provide nor prepare such record pursuant to F.S. 286.0105.
CITY OF DELRAY BEA+~~-~
Chevelle D. Nubin, Ctv1C
City Clerk
PUBLISH: Monday, October 29, 2007
Tuesday, November 13, 2007
Baca RatonlDelray Beach News
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