Ord 57-07/`
1
ORDINANCE NO. 57-07
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 4.4.24, "OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION
4.4.24(C), "ACCESSORY USES AND STRUCTURES PERMITTED",
TO ALLOW THE CBD ACCESSORY USES IN THE SAME AREAS
OF THE OSSHAD DISTRICT WHERE THE PERMITTED USES OF
THE CBD ARE ALREADY ALLOWED; 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 November 19, 2007, and voted 6 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Boazd,
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.
NOW, THEREFORE, BE TT 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 4.4.24, "Old School Squaze Historic Arts District (OSSHAD)",
Subsection 4.4.24(C), "Accessory Uses and Structures Pemritted", 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:
(C) Accessory Uses and Structures Permitted: The following uses aze allowed when a part
of, or accessory to, the principal use:
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Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this 3rd day
of January, 2008.
~~~. ~s~
ATTEST:
MAYOR
City Clerk \
First Reading_\
Second Readin~~~
3 ORD. N0.57-07
J
MEMORANDUM
TO: Mayor and City Commissioners
FROM: City Manager
DATE: December 18, 2007
SUBJECT: AGENDA ITEM IO.C -REGULAR COMMISSION MEETING_OF J!1NUARY 3, 2005
ORDINANCE NO. 57-07 (SECOND READING/SECOND PUBLIC HEARING)
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading and second public hearing for a City initiated
amendment to Land Development Regulations (LDR) Section 4.4.24(B)(12), "Principal Uses and
Structures", which specifies the accessory uses and structures permitted in the Old School Square
Historic Arts District (OSSHAD), to add all of the accessory uses that are also currently permitted in the
Central Business District (CBD).
BACKGROUND
At the first reading on December ] 1, 2007, the Commission passed Ordinance No. 57-07.
RECO_ MMENDATION
Recommend approval of Ordinance No. 57-07 on second and final reading.
ORDINANCE N0.57-07
AN ORDINANCE OF THE QTY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4.4.24, "OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT' (OSSHAD)", SUBSECTION
4.4.24(C), "ACCESSORY USES AND STRUCTURES PERMITTED",
TO ALLOW THE CBD ACCESSORY USES IN THE SAME AREAS
OF THE OSSI-TAD DISTRICT WHERE THE PERMITTED USES OF
THE CBD ARE ALREADY ALLOWED; 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 November 19, 2007, and voted 6 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planting 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
WFTEREAS, the City Conunission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the Gty Comrme~ion of the City of Delray Beach finds the ordinance is
consistent with the Corxrprehensive Plan
NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMIVIISSION OF THE
QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWB:
Section 1. That the recitations set forth above are incorporated herein
Section 2. That Section 4.4.24, "Old School Square Historic Arts District (OSSI-IAD)",
Subsection 4.4.24(C), "Accessory Uses and Structures Permitted", of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is
hereby am~rded to read as follows:
(C) Accessory Uses and Structures Permitted: The following rues are allowed wfren a
part of, or accessory to, the principal trse:
(1) Uses and structures normally associated with residences such as: bird aviaries,
dog homes and dog nms, garages, greenhouses, guest cottages, playhouses, pool houses and
covets/enclosures, pump houses, slat houses, storage sheds, workshops, swimming pools, and home
occupations.
(2) On a parcel that has as its principal use anon-residential use, there maybe no
more than twa residential units, either within a separate structure or within a structure housing a non-
residential use.
DELETED (a), (6), (c).
(3) Family Day Care
(4) Parking lots and refuse storage areas
(5) Outdoor dining areas which are accessory or supplemental to a restaurant or
business use, provided the operation of the outdoor dining area is limited to daylight hours.
(6) Within the following described areas, the uses allowed as accessory uses in
~a~ Lots 13-16, Block 60
(bl Lots 1- 4, Block 61
(d Lots 1- 7 and 19-24, Block 69
(dl Lots 7- 8, and the South 34.75 feet of Lot 6. Block 75; and
(e) Lots 1- 6. Block 76
Section 3. 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 xerriairider hereof as a whole or part thereof other than the
part declared to be invalid
ORD. NO. 57-07
Section 4. That all ordinances or Parts of ordinances in conflict herewith be, and the same
are hereby repealed
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading
PASSED AND ADOPTED in regular session on second and final reading on this day
of _ , 2008.
ATTEST:
CityQerk
First
Second Reading
MAYOR
ORD. NO. 57-07
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Mark McDonnell, AICP, Asst Director of Planning and Zoning
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH: City Manager
DATE: November 27, 2007
SUBJECT: AGENDA_TfEM 10 C REGULAR COMMISSION MEETING OF DECEMBER 11.2007
ORDINANCE NO_$7-O~FIRST READING/FIRST Pi1BLIC. HEAR[NG~
ITEM"BEFORE COMMISSION
The item before the City Commission is aCity-initiated amendment to Land Development Regulations
(LDRs) Section 4.4.24 (C), Accessory Uses and Structures Permitted, to add CBD accessory uses to
the principal CBD uses currently allowed on speafic lots within the OSSHAD.
Principal permitted uses and structures that are allowed in the Central Business District are also
currently allowed in certain geographic areas of the Old School Square Historic Arts District by LDR
Section 4.4.24(8)(12). This amendment will add the accessory uses of the CBD associated with those
principal uses to the list of allowed uses. Following are the accessory uses that are to be added when
associated with the principal uses of the CBD:
(1) Pazking lots.
(2) Refuse and service areas.
(3) Provision of services and repair of items incidental to the principal use
(4) Storage of inventory either within the same stmcture as where dre sale of goods occurs or in a
separate structure on the same parcel provided that such storage facilities are not shared or leased
independent of the primary commercial use of the site.
(5) A single family residence, either separate or within a structure housing a nonresidential use,
provided that the residence is occupied by the owner, proprietor, or employee of a business enterprise
conducted on the property.
(6} Recreational facilities attendant to amulti-family residential development, such as tennis courts,
swimming pools, exercise areas, and meeting rooms
{7) Single level mechanical parking lifts for in-fill development projects, pursuant to the
requirements of Sections 4.6.9(D)(11) and 4.6.9(1)(4).
$EVI)~W BY OTHERS
Pineapple Grove Main Street reviewed the amendment at their November 7, 2007 meeting and
recommended approval.
The Communky Redevelopment Ager-cy reviewed the amendment at their November B, 2007
meeting and recommended approval.
The Downtown Development Authority reviewed the amendment at their November 12, 20D7
meeting and recommended approval.
The West ANanf/c Redevelopment Coalltfon reviewed the amendment at their November 14, 2007
meeting and recommended approval.
The Pfannlnq and Zon/ng Board considered the subject LDR Amendment at its meeting of November
19, 2007 and voted unanimously 60 to recommend approval.
RECOMMENDATION
8y motion, approve on first reading Ordinance No. 57-07, to amend Land Development Regulations
(LDRs) Section 4.4.24, Old School Square Historic Arts District, Section 4.4.24 (C) Accessory Uses
and Structures Permitted, by adopting the findings of faG 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).
PLANNING AND ZONING BOARD STAFF REPORT
MEETING DATE: NOVEMBER 79, 2007
AGENDA NO: IV.C.
AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 4.4.24, OLD
SCHOOL SQUARE HISTORIC ARTS DISTRICT {OSSHAD), SECTION
4.4.24(C), TO ADD THE ACCESSORY USES ASSOCIATED WITH THOSE
CENTRAL BUSINESS DISTRICT {CBD) PRINCIPAL USES THAT ARE
CURRENTLY ALLOWED IN SPECIFIC AREAS OF THE OSSHAD.
17ENt':9EPORE :THE BOARD
The item before the Soard is to make a recommendation to the City Commission regarding acity-
initiated amendment to Land Development Regulations {LDRs) Section 4.4.24 (C), Accessory Uses
and Structures Permitted, to add CBD accessory uses to the principal CBD uses currently allowed
on spec'rfic lots within the OSSHAD.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
f3Atr1K~CROUNDfAt+LYSIS
Principal permitted uses and structures that are allowed in the Central Business District are also
currently allowed in certain geographic areas of the Old Schoo[ Square Historic Arts District by
LDR Section 4.4.24(8)(12). This amendment will add the accessory uses of the CBD associated
with those principal uses to the list of allowed uses. Following are the accessory uses that are to
be added when associated with the principal uses of the CBD:
(1) Parking lots.
(2) Refuse and service areas.
(3) Provision of services and repair of items incidental to the principal use.
(4) Storage of inventory either within the same structure as where the sale of goods
occurs or in a separate structure on the same parcel provided that such storage facilities
are not shared or leased independent of the primary commercial use of the site.
(5) A single family residence, either separate or within a structure housing a
nonresidential use, provided that the residence is occupied by the owner, proprietor, or
employee of a business enterprise conducted on the property.
(6) Recreational facilities attendant to amulti-family residential development, such as
tennis courts, swimming pools, exercise areas, and meeting rooms
(7) Single level mechanical parking lifts for in-fill development projects, pursuant to the
requirements of Sections 4.6.9(D)(11) and 4.6.9(F)(4).
planning and Zoning Board Meeting, November 19, 2007
LDR Amendment -CBD accessory uses added to OSSHAD
'REGtUIRECf FiNCNNGS
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 Pian. The following objective was identified:
Objective A-5 states that "[t]he City shall maintain its Land Development Regulations, which
shall be regularly reviewed and updated, to provide streamlining of processes and to
accommodate planned unit developments (PUD), mixed-use developments, and other
Innovative deveiopment practices." The proposed amendment furthers this objective and is
therefore consistent.
l~~l1EVY BY QTHERS ,'
The following advisory boards reviewed and made the following recommendations:
Pineapple Grove Main Street reviewed the amendment at their November 7, 2007 meeting and
recommended approval.
The Community Redevelopment Agency reviewed the amendment at their November 8, 2007
meeting and recommended approval.
The Downtown Development Authority reviewed the amendment at their November 12, 2007
meeting and recommended approval.
Tfie West Atlantic Redevelopment Coalition reviewed the amendment at their November 14,
2007 meeting and recommended approval.
Notices:
A wurtesy notice was provided to the following organization:
• Neighborhood Advisory Council
Letters of objection and support, 'rf any, will be provided at the Planning and Zoning Board meeting.
ASSESSrYIENt ANb GE>NCGUSIQN
The purpose of this city-initiated LDR text amendment is to indude the accessory uses of the CBD
and apply them to certain lots within the OSSHAD zoning district.
ALYI=#tNJ1TIV~ At;7'lt3NS
A. Continue with direction.
B. Move a recommendation of approval to the City Commission of the amendment to land
Development Regulations Section 4.4.24, Old School Square Historic Arts District, Section
4.4.24 (C) Accessory Uses and Structures Permitted, by adopting the findings of fad and
law contained in the staff report, and finding that the text amendment and approval thereof is
2
Planning and Zoning Board Meeting, November 19, 2007
LDR Amendment - CBD accessory uses added to OSSHAD
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 Section 4.4.24, Old School Square Historic Arts District, Section
4.4.24 (C) Accessory Uses and Structures Permitted, by adopting 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).
REGONIMFND~D AGT[ON
Move a recommendation of approval to the City Commission of the amendment to Land
Development Regulations, Section 4.4.24, Old School Square Historic Arts District, Section
4.4.24 (C) Accessory Uses and Structures Permitted 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).
Attachment:
Proposed Ordinance
C~ -. ~-.a,~1~c(da~
CITY OF DELRAY BEACH
NOTICE OF PROPOSED
°° AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS TO
E ALLOW THE CBD ACCESSORY
v USES IN THE SAME AREAS OF THE
a OSSHAD DISTRICT WHERE THE
~ PERMITTED USES OF THE CBD ARE
o ALREADY ALLOWED
N
The City Commission of the City of Delray Beach, Florida, proposes to adopt the
N following ordinance:
m
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v
nRDINANCE NO 57.07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
AMENDING THE LAND DEVELOPMENT REGULATIONS
FLORIDA
BEACH
ti ,
,
OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.24, "OLD
SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION
"
, TO
"ACCESSORY USES AND STRUCTURES PERMITTED
24(C)
4
4
,
.
.
ALLOW THE CBD ACCESSORY USES IN THE SAME AREAS OF THE
3 OSSHAD DISTRICT WHERE THE PERMITTED USES OF THE CBD ARE
z ALREADY ALLOWED; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
,n The City Commission will conduct two (2) Public Hearings for the purpose of
°' accepting public testimony regarding the proposed ordinance. The first Public
Hearing will be held on "'°""~ ^""`uaoR a X007 AT 7:00 P.M. in the
Beach
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e
ray
Commission Chambers at City Hall, 100 N.W. 1st Avenue,
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~
If the proposed ordinance is passed on frst reading, a second Public
Flodda
.
Hearing will be held on ~^°~ 'ANUARY 3 2008 AT 7:00 P M. (or at any
m° 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.
All interested citizens are invited to attend the public hearings and comment
bmit their comments in writing on or before
upon the proposed ordinance or su
the date of these hearings to the Planning and Zoning Department. For further
information or to obtain a copy of the proposed ordinance, please contact the
Planning and Zoning Department, City Hall, 100 N.W. isi Avenue, Delray
Beach, Florida 33444 (email at pzmail@mydelraybeach.com) or by calling
through
Monda
00
y
p.m.,
5611243-7040), between the hours of 8:00 a.m. and 5:
Friday, excluding holidays.
Please be advised that if a person decides to appeal any decision made by the
City Commission with respect to any matter considered at these hearings, such
person may need to ensure that a verbatim record includes the testimony and
evidence upon which the appeal is to be based. The City does not provide nor
prepare such record pursuant to F.S. 286.0105.
CITY OF DELRAY BEACH
Chevelle D. Nubin, CMC
City Clerk
PUBLISH: Monday, November 26, 2007
Fdday, December 28, 2007
Boca RatonlDelray Beach News
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CITY OF DELRAY BEACH
NOTICE OF PROPOSED
AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS TO
ALLOW THE CBD ACCESSORY
USES IN THE SAME AREAS OF THE
OSSHAD DISTRICT WHERE THE
PERMITTED USES OF THE CBD ARE
ALREADY ALLOWED
The City Commission of the City of Delray Beach, Flodda, proposes to adopt the
follovdng ordinance:
ORDINANCE N0.57.07
AN ORDINANCE OF THE CITY COMMISSION OF 7HE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS
OF THE CODE OF ORDINANCES, BY AMENDING$ECTION 4.4.24,"OLD
SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION
4.4.24(C}, "ACCESSORY USES AND STRUCTURES PERMITTED", TO
ALLOW THE CBD ACCESSORY USES IN THE SAME AREAS OF THE
OSSHAD DISTRICT WHERE THE PERMITTED USES OF THE CBD ARE
ALREADY ALLOWED; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will catduct two (2) PubOC Hearings for the purpose of
accepting public testimony regarding the proposed ordinance. The first Public
Hearing will be held on TUESDAY. DECEMBER 4 2007 AT 7.00 PA4 in the
Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida. If the proposed ordinance is passed on first reading, a second Public
Headng vnll beheld on THURSDAY. JANUARY 3 2008AT T00 P M (or at any
continuation of such meeting which is set by he Commission) in the
Commission Chambers at City Hali; 100 N.W. 1st Avenue, Delmy Beach,
Florida
All interested citizens are invited tp attend the public hearings and comment
upon the proposed ord+nance or submit theircanments in writing on or before
the date of these headngs to the Planning and Zoning Department For fudher
information ~ to obtain a copy of the proposed ordinance; please contact the
Planning and Zoning Department, City HaO, 100 N.W. 1st Avenue, Delray
Beach, Florida 33444 (email at parnail@ntydeiraytieach,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 matrf a person decides to appealany tlecision made by the
City Commission vrith respect to any matter considered at these hearings, such
person may need to ensure that a verbatim record includes the testimony and
evidence upon which the appeal is ro be based. The City does not provide nor
prepare such record pursuant to F.S. 286.0105.
CITY OF DELRAY BEACH
Chevelle D. Nubin, CMC
Ciiy Clerk
PUBLISH: Monday, November 26, 2007
Friday, December 28, 2007
Boca RatonlDelray Beach News
CC ~, ~u,In-GlcPc~