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File #: 22-929    Version: 1 Name:
Type: Ordinance Status: Failed
File created: 7/11/2022 In control: City Commission
On agenda: 8/9/2022 Final action: 8/9/2022
Title: ORDINANCE NO. 08-22: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH CODE OF ORDINANCES CHAPTER 4, “ZONING REGULATIONS,” ARTICLE 4.4, “BASE ZONING DISTRICT,” SECTION 4.4.13, “CENTRAL BUSINESS (CBD) DISTRICT,” TABLE 4.4.13(A), “ALLOWABLE USES AND STRUCTURES IN THE CBD SUB-DISTRICTS,” TO ADD OUTDOOR USE AREAS AT STAND ALONE BARS AS A CONDITIONAL USE AND ACCESSORY USE; AMENDING ARTICLE 4.6, “SUPPLEMENTAL DISTRICT REGULATIONS,” SECTION 4.6.6, “COMMERCIAL AND INDUSTRIAL USES TO OPERATE WITHIN A BUILDING,” SUBSECTION (B), “ALLOWABLE OUTSIDE USAGE,” TO INCLUDE PERMANENT SEATING AT STAND ALONE BARS AS AN ALLOWABLE OUTSIDE USE, AND SUBSECTION (C), “RESTRICTIONS ON OUTSIDE USAGE,” TO ESTABLISH REGULATIONS GOVERNING OUTSIDE USAGE AT STAND ALONE BARS; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (SECOND READING/PUBLIC HEARING)
Sponsors: Development Services Department
Attachments: 1. Ord. No. 08-22_FINAL, 2. Agenda Cover Report, 3. Ordinance No. 08-22: Staff Report, Outdoor Use Areas at Standalone Bars, 4. Ordinance No. 08-22: Justification Statement, 5. Ordinance No. 08-22: Stand Alone Bars Map, CBD & Residential Zoning, 6. Ordinance No. 08-22: DDA Recommendation, 7. Legal Review, Ord. No. 08-22
TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Department
THROUGH: Terrence R. Moore, ICMA-CM
DATE: August 9, 2022

Title
ORDINANCE NO. 08-22: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH CODE OF ORDINANCES CHAPTER 4, “ZONING REGULATIONS,” ARTICLE 4.4, “BASE ZONING DISTRICT,” SECTION 4.4.13, “CENTRAL BUSINESS (CBD) DISTRICT,” TABLE 4.4.13(A), “ALLOWABLE USES AND STRUCTURES IN THE CBD SUB-DISTRICTS,” TO ADD OUTDOOR USE AREAS AT STAND ALONE BARS AS A CONDITIONAL USE AND ACCESSORY USE; AMENDING ARTICLE 4.6, “SUPPLEMENTAL DISTRICT REGULATIONS,” SECTION 4.6.6, “COMMERCIAL AND INDUSTRIAL USES TO OPERATE WITHIN A BUILDING,” SUBSECTION (B), “ALLOWABLE OUTSIDE USAGE,” TO INCLUDE PERMANENT SEATING AT STAND ALONE BARS AS AN ALLOWABLE OUTSIDE USE, AND SUBSECTION (C), “RESTRICTIONS ON OUTSIDE USAGE,” TO ESTABLISH REGULATIONS GOVERNING OUTSIDE USAGE AT STAND ALONE BARS; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (SECOND READING/PUBLIC HEARING)

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Recommended Action:
Recommendation
Review and consider Ordinance No. 08-22, a privately initiated amendment to Section 4.4.13, Table 4.4.13(A), "Allowable Uses and Structures in the CBD Sub-Districts" and Section 4.6.6, “Commercial and industrial uses to operate within a building,” of the Land Development Regulations (LDR) to allow outdoor consumption of alcohol at stand alone bars serving only beer and wine north of Lake Ida Road within the Central Core Sub-District of the Central Business District, and to provide regulations that support the health, safety, and general welfare of the public.
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Background:
Hopportunities Taproom, Inc. (the “Applicant”) has requested an amendment to the LDR to allow outdoor consumption of alcohol at stand alone bars, subject to new requirements and limitations. The proposed amendments are...

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