Planning and Zoning Board

100 N.W. 1st Avenue City of Delray Beach Delray Beach, FL 33444 Advisory Board Agenda Planning and Zoning Board Monday, January 24, 2022 5:01 PM Commission Chamber Regular Meeting 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF AGENDA 4. MINUTES January 27, 2020 (Note: These minutes were previously approved by the Planning and Zoning Board. They are before the Board at this time to correct the vote for Item 8.B.) Attachments: Minutes (DRAFT) 5. SWEARING IN OF THE PUBLIC 6. COMMENTS FROM THE PUBLIC Comments are limited to items that are NOT on the Agenda. Speakers will be limited to 3 minutes. 7. PRESENTATIONS A. Initiation of the City's Annual Infrastructure Improvement Hearing: Review the Capital Improvements Project (CIP) process and open the Annual Infrastructure Improvement Hearing. NOTE: This initiation also serves as an announcement to the City of Delray Beach's residents, property owners, and businesses to begin thinking about the infrastructure needs they observe so they can share them with City Staff. Information regarding the submittal of public comments is provided in the attachment. Planner: Amy Alvarez, Principal Planner; alvarez@mydelraybeach.com Attachments: Infrastructure: CIP 22-26 Infrastructure: Notice 8. QUASI-JUDICIAL HEARING ITEMS City of Delray Beach Page 1 Printed on 1/14/2022 Planning and Zoning Board Advisory Board Agenda January 24, 2022 A. Outdoor Dining at Night, Sundy Village (2021-184): Consideration of a Conditional Use request to allow outdoor dining at night associated with restaurants located along West Atlantic Avenue within Buildings 1 & 2, of Sundy Village (fka Midtown), Old School Square Historic District. (PUBLIC HEARING) Address: Sundy Village, Old School Square Historic District Owner/Applicant: Sundy Village West LLC; jhochman@pebbcap.com Agent: Covelli Design Associates; mike@covellidesign.com Planner: Katherina Paliwoda, Planner; paliwodak@mydelraybeach.com Attachments: Sundy Village: Staff Report Sundy Village: Outdoor Dining Exhibit Sundy Village: Justification Statement Sundy Village: Site Plans B. SE 3rd Avenue, Land Use Map Amendment (2022-033) and Rezoning (2022-034): Provide a recommendation to the City Commission on Ordinance Nos. 02-22 and 03-22, privately-initiated requests for a Land Use Map Amendment (LUMA) (Ordinance No. 02-22), and rezoning request (Ordinance No. 03-22) for the +/-0.1109 acre property located on the west side of SE 3rd Avenue between East Atlantic Avenue and SE 1st Street (PCN # 12-43-46-16-01-085-0050) with an associated amendment to the Land Development Regulations (LDR) Figure 4.4.13-B-1, Central Core and Beach Sub-districts Regulating Plan, to officially include the subject property. (PUBLIC HEARING) Authorized Agent: Bonnie Miskel, Esq., Dunay, Miskel & Backman, LLP; bmiskel@dmbblaw.com Planner: Alexis Rosenberg, Senior Planner; rosenberga@mydelraybeach.com Attachments: SE 3rd Avenue - Staff Report SE 3rd Avenue - Applicant LUMA Justification Statement SE 3rd Avenue - Applicant Rezoning Justification Statement SE 3rd Avenue - Ordinance 02-22 SE 3rd Avenue - Ordinance 03-22 SE 3rd Avenue - Existing and Proposed Land Use and Zoning SE 3rd Avenue - Central Core Sub-district Regulating Plan SE 3rd Avenue - Traffic Analysis - Existing to Proposed Land Use and Zoning SE 3rd Avenue - Traffic Analysis - Including Future Project SE 3rd Avenue - Legal Review Ordinance 02-22 SE 3rd Avenue - Legal Review Ordinance 03-22 9. LEGISLATIVE ITEMS City of Delray Beach Page 2 Printed on 1/14/2022 Planning and Zoning Board Advisory Board Agenda January 24, 2022 A. Outdoor Consumption of Alcohol at Stand Alone Bars (2021-014): Provide a recommendation to the City Commission regarding Ordinance No. 08-22, a privately initiated amendment to Section 4.3.3(V), “Special Requirements for Specific Uses” 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, and to provide regulations to support the health, safety, and general welfare of the public. Agent: Andrea Keiser, Esq., Keiser Legal PLLC; andrea@keiserlegal.com Planner: Rebekah Dasari, Senior Planner; dasarir@mydelraybeach.com Attachments: Ordinance No. 08-22: Staff Report, Outdoor Use Areas at Standalone Bars Ordinance No. 08-22: Draft Ordinance No. 08-22: Justification Statement Ordinance No. 08-22: Stand Alone Bars Map, CBD & Residential Zoning Ordinance No. 08-22: DDA Recommendation B. Automotive Window Tinting and Styling Services, Similarity of Use Determination (2022-055-SIM-PZB): Determination of a similarity of use of automotive window tinting and styling services to "vehicle care limited to the changing of oil and filters, and lubrication with no mechanical work or outside storage of vehicles except as part of a gasoline station," which is permitted as a conditional use within the General Commercial (GC) zoning district, pursuant to Land Development Regulations (LDR) Section 4.4.9(D) (l3). Agent: Christina Bilenki; Dunay, Miskel, & Backman LLP; cbilenki@dmbblaw.com Planner: Andrew Allen, Planner/GIS Specialist; allena@mydelraybeach.com Attachments: Automotive Window Tinting and Styling- Staff Report Automotive Window Tinting and Styling- Request Letter Automotive Window Tinting and Styling- GC and PC Zoning District Locations 10. REPORTS AND COMMENTS A. Staff B. Board Attorney C Board Members 11. ADJOURN City of Delray Beach Page 3 Printed on 1/14/2022 Planning and Zoning Board Advisory Board Agenda January 24, 2022 The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City . Please contact the City Manager at (561) 243-7015 at least 24 hours prior to the program or activity for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. If a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made. Such record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. Two or more City Commissioners may be in attendance. City of Delray Beach Page 4 Printed on 1/14/2022