TO: Mayor and Commissioners
FROM: Timothy Stillings, Planning, Zoning and Building Director
THROUGH: Neal de Jesus, Interim City Manager
DATE: June 13, 2017
Title
ORDINANCE NO. 17-17: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH ARTICLE 6.3 “USE AND WORK IN THE PUBLIC RIGHT OF WAY” BY AMENDING SECTION 6.3.3 “SIDEWALK CAFE” TO ELIMINATE REGULATIONS FOR SIDEWALK CAFES LOCATED ON PRIVATE PROPERTY; AMENDING SECTION 6.3.3 (A) “PERMIT AND FEES” TO ADD LEASING FEES; AMENDING SECTION 6.3.3 (F) “REGULATIONS GOVERNING THE USE, DESIGN, AND MAINTENANCE OF A SIDEWALK CAFE” TO CREATE TWO ZONES, PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (SECOND READING)
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Recommended Action:
Recommendation
Motion to Approve Ordinance No. 17-17 on Second Reading.
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Background:
In March 2005, the City Commission approved Ordinance No. 05-05 that modified the Sidewalk Cafe regulations by increasing setbacks from street curbing from 2’ to 5’. Increasing the setback was intended to improve safety for Sidewalk Cafes and support better pedestrian flow through the sidewalk cafe areas. Ordinance No. 05-05 had a provision to allow the previous setback to remain in effect until the next permit renewal cycle, which occurred in October of that year. The Sidewalk Cafe regulations were amended again in July of that year (Ordinance No. 51-05). This amendment added the words “…outside whether on public or private property (excluding interior courtyard seating which is subject to parking requirements) …” .
As the Clean and Safe Staff enforced the new Sidewalk Cafe regulations, many of the Sidewalk Cafe Operators could not meet the new requirements. The new regulations also resulted in the decrease of the number of tables and chairs. It became apparent that the regulations were not meeting the goals established by the City....
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