TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Jennifer Alvarez, Interim City Manager
DATE: September 22, 2020
Title
ORDINANCE NO. 12-20: 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”, 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).
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Recommended Action:
Recommendation
Review and consider Ordinance No. 12-20, a City-initiated amendment to the Land Development Regulations, Section 4.4.13 “Central Business District,” subsection 4.4.13(C)(3)(b), to provide exception to the retail requirement within the Central Core and Beach Sub-districts for properties that have 80 percent or more of frontage at a setback of 25 feet or greater.
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Background:
In 2015, the Central Business District (CBD) LDRs were amended and reorganized through Ordinance No. 27-15, and the update appears to have inadvertently excluded an exemption to the required retail uses that was adopted in June of 2007 for buildings built prior to 1980 with setbacks greater than other properties along East Atlantic Avenue. The proposed amendment provides a remedy to the omission and will allow other uses, such as professional office, along the ground floor in buildings that exceed current maximum setbacks or do not meet the minimum required street frontage criteria. It is also important to note, this amendment does not change the allowable uses in the Central Business District Sub-Districts, as described in Table 4.4.13(A).
Within the CBD, certain streets are designated as “Required Retail Frontage” as a means of providing a lively, highly active pedestrian environment that supports ...
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