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File #: 19-651    Version: 1 Name:
Type: Ordinance Status: Filed
File created: 6/10/2019 In control: City Commission
On agenda: 7/2/2019 Final action: 7/2/2019
Title: ORDINANCE NO. 17-19: 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 4.4.13 “CENTRAL BUSINESS DISTRICT”, BY AMENDING SUBSECTION 4.4.13(C)(3)(b) “CENTRAL CORE AND BEACH SUB-DISTRICTS”, TO AMEND THE BASIS FOR GROUND FLOOR RETAIL REQUIREMENTS; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.(FIRST READING/PUBLIC HEARING)
Sponsors: Development Services Department
Attachments: 1. Agenda Cover Report, 2. Ordinance No. 17-19, 3. Ordinance No. 17-19 PZB Staff Report, 4. Legal Review Ordinance 17-19, 5. Ordinance No. 21-07
TO: Mayor and Commissioners
FROM: Timothy Stillings, Development Services Director
THROUGH: Neal de Jesus, Interim City Manager
DATE: July 2, 2019

Title
ORDINANCE NO. 17-19: 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 4.4.13 “CENTRAL BUSINESS DISTRICT”, BY AMENDING SUBSECTION 4.4.13(C)(3)(b) “CENTRAL CORE AND BEACH SUB-DISTRICTS”, TO AMEND THE BASIS FOR GROUND FLOOR RETAIL REQUIREMENTS; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.(FIRST READING/PUBLIC HEARING)

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Recommended Action:
Recommendation
Review and consider Ordinance No. 17-19 on first reading, a City-initiated amendment Land Development Regulations, Section 4.4.13 “Central Business (CBD) District,” subsection 4.4.13(C)(3)(b) to provide a basis for exceptions to the retail requirement within the Central Core and Beach Sub-districts.

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Background:
Within the Central Business District (CBD), certain streets are designated as “Required Retail Frontage” as a means of providing a lively, highly active pedestrian environment that supports businesses and reinforces local character. East Atlantic Avenue, Pineapple Grove Way/NE 2nd Avenue, and North/South Ocean Boulevard are designated as Required Retail Frontage streets in the Central Core and Beach Sub-districts of the CBD. This designation requires 100% of the building frontage at the sidewalk-level story be comprised of retail uses, service establishments, or lodging uses. Ordinance No. 17-19 seeks to re-instate an exception to the ground-floor retail requirement within the Central Core and Beach Sub-Districts for property with a building constructed prior to 1980 with a front setback of 25 feet or greater for 80 percent or more of the building frontage. This amendment would only apply to Waterway East located at 900 East Atlantic Avenue; t...

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