Ord 24-04ORDINANCE NO. 24-04
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 SUBSECTION
4.6.15(G), "YARD ENCROACHMENT," TO
ALLOW POOLS TO EXTEND WITHIN FIVE
FEET OF THE PROPERTY LINE FOR ZERO LOT
LINE DEVELOPMENTS, EXCLUDING
PERIMETER LOTS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Plaq~0~ and Zoning Board reviewed the
proposed text amendment at a public hearing held on fi!iq!0[ , and voted ~- to O to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning
Board, sitting as the Local Planning Agency, has determined that the change is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, current information and increased population require re-evaluation and adoption
of updated development standards; and
WHEREAS, periodic reviews of the Land Development Regulations to evaluate its various
provisions and propose amendments to resolve new or outstanding issues and comply with the
Comprehensive Plan, State Statutes, and Federal Law; and
WHEREAS, zero lot line developments are becoming more popular due to lack of available
land for construction; and
WHEREAS, zero lot line homes are typically built on lots which are smaller in size than normal
single family lots and setback requirements for normal residential lots may be inappropriate for zero lot
line developments and impede rather than promote quality communities; and
WHEREAS, the City Commission has determined the proposed amendment will
ensure that new zero lot line developments will be enhanced with the ability to provide better amenities
in the community; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, THAT:
SECTION 1. That Article 4.6, "Supplemental District Regulations, Subsection
4.6.15(G), "Yard Encroachment", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows:
(G) Y Enr lman:
(1) Swimming pools, the tops of which are no higher than grade level, may extend into
the rear, interior or street side setback areas but no closer than ten feet (10) to any property line,
except as provided in subsection (2) and (4) below. Swimming pools shall not extend into the front
setback area noted in Section 4.3.4,(142). [Amd. Ord. 41-92 9/8/92, Amd. Ord. 13-91 2/26/91]
(2) When adjacent to at least 50 feet of open space, as defined in Section
4.3.4(H)(5)(c) and (d), swimming pools at grade level may extend into the rear or interior side setback
area but to no closer than five feet (5). [Amd. Ord. 41-92 9/8/92]
(3) Although swimming pools may extend into side and rear setback areas, a screened or
other pool enclosure shall not be permitted to encroach into such setback areas except as provided in
Section 4.3.4(H)(5)(b) and (e). [Amd. Ord. 41-92 9/8/92]
(4) When located in a zero lot line development, swimming pools at grade level may
extend into the interior side setback but no closer than five feet (5') from the property, line. A
swimming pool may also extend no closer than five (.5') from the rear property, line in a zero lot line
development except along the perimeter of the development where the rear setbacks noted in Section
(G)(1) shall apply, except when adjacent to at least 50' of open space as provided in subsection (G)(3).
(5) Swimming pools are prohibited in dedicated easements unless written approval of
the easement holder is obtained and a hold harmless agreement is executed.
SECTION 2. SEVER. ABILITY: That should any section or provision of this ordinance
or any portion thereof, any paragraph, sentence, or word be declared by a curt of portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
SECTION 3. REPEAL OF LAWS IN CONFLICT: That all ordinances or parts of
ordinances in conflict herewith be, and the same are hereby repealed.
SECTION 4. CAPTIONS: The captions, section headings, and section designations
2 ORD. NO. 24-04
used in this ordinance are intended for the convenience of users only and shall have no effect in the
interpretation of the provisions of this ordinance.
SECTION 5. INCLUSION IN THE LAND DEVELOPMENT REGULATIONS: '
The provision of this ordinance shall become and be made a part of the Land Development Regulations
of Delray Beach, Florida. The Sections of the ordinance may be renumbered or re-lettered to
accomplish such, and the word "ordinance" may be changed to "section," "article," or any other
appropriate word.
SECTION 6. EFFECTIVE DATE: The provisions of this ordinance shall become
effective thirty (30) days after the ordinance is adopted by the City Commission.
~A~S~SED AND ADOPTED in regular session on second and final reading on this the
,OO dayoir-'//"~ ,2004. ~~ ? ~L
~ ~'~YOR
City Clerk
First Reading~a~ ~4~
Second Reading~/°~d~'~
3 ORD. NO. 24-04
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~ O ~
ORDINANCE NO, 24-04
REGARDING SWIMMING POOL SETBACK REOUIREMENT$)
DATE: MAY 14, 2004
- REGULAR MRi~-TING OF MAY 18. 2004
(AMENDING LDR SECTION 4.6.15(G)
This ordinance is before Commission for second reading and public hearing to amend Land:
Development Regulations (LDR) Sections 4.6.15(G) regarding swimming pool setback requirements.
Over the last several years, the City Commission has made adjustments to setbacks for buildings,
screen enclosures, pools, etc. to accommodate the unique constraints of zero lot line (PRD)
developments.
The current swimming pool setbacks apply citywide and do not address any spedfic type of
development such as zero lot line developments. The cit3~vide swimming pool setbacks were
previously amended in September, 1992 by the City Commission reducing the pool setback from 15'
to 10' along any street in recognition that the setback was too restrictive. The City Commission also
approved the reduction of the rear and side pool setback to 5' when the property is adjacent to at least
50' of open space.
The current request is to reduce the side interior setback within zero lot line developments from 10'
to 5'. The proposed amendment includes a provision that pools are prohibited within utility
easements, unless written approval is provided by the easement holder and a hold harmless agreement
is executed.
The Planning and Zoning Board held a public hearing regarding this item. There was no public
testimony. After reviewing this amendment, the Board voted 5-0 to recommend to the City
Commission approval of the proposed amendment to Land Development Regulations Section
4.6.15(G), based upon positive findings with respect to LDR Section 2.4.5(M).
At the first reading on May 4, 2004, the City Commission passed the Ordinance No. 24-04.
Recommend approval of Or~tin~nce No. 24-04 on second and final reading.
TO.'
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER ~ ~
.AU. DOR',.G, D,REC.OR Or
AN.N~.
MEETING OF MAY 4, 2004
PRIVATELY INITIATED AMENDMENT TO LDR SECTION 4.6.15(G) REGARDING
SWIMMING POOL SETBACK REQUIREMENTS.
Over the last several years the City Commission has made adjustments to setbacks for buildings, screen
enclosures, pools, etc. to accommodate the unique constraints of zero lot line (PRD) developments.
These specific internal adjustments were approved for projects like Colony Club, Old Palm Grove,
Clearbrook, and Hammock Reserve.
The current swimming pool setbacks apply citywide and do not address any specific type of development
such as zero lot line developments. These citywide swimming pool setbacks were previously amended
in September 1992 by the City Commission to reduce the pool setback from 15' to 10' along any street in
recognition that the setback was too restrictive. The City Commission also approved the reduction of the
rear and side pool setback to 5' when the property is adjacent to at least 50' of open space.
The current request is to reduce the side interior setback within zero lot line developments from 10' to 5'.
The proposed amendment includes a provision that pools are prohibited within utility easements, unless
written approval is provided by the easement holder and a hold harmless agreement is executed.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that
the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive
Plan. As noted above, the City Commission has approved numerous adjustments to this section of the
Land Development Regulations. This amendment will provide the appropriate regulations to address
zero lot line developments. While the amendment does not specifically further the Goals, Objectives,
and Policies of the Comprehensive Plan, it is not inconsistent with them.
The Planning and Zoning Board held a public hearing regarding this item at its meeting of April 19, 2004.
There was no public testimony regarding the proposed amendment. After discussing the amendment,
the Board unanimously voted 5-0 (Borchardt and Pike absent) to recommend to the City Commission
approval of the proposed amendment to Land Development Regulations Section 4.6.15(G), based upon
positive findings with respect to LDR Section 2.4.5(M).
By motion, approve on first reading the ordinance amending Land Development Regulations Section
4.6.15(G), based upon positive findings with LDR Section 2.4.5(M), and set a public hearing on May 18,
2004.
Attachment: Planning and Zoning Memorandum Staff Report of April 19, 2004 and Proposed Ordinance
ORDINANCE NO. 24-04
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DRI.RAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SUBSECTION
4.6.15(G), "YARD ENCROACHMENT," TO
ALI.OW POOLS TO EXTEND WITHIN FIVE
FEET OF THE PROPERTY LINE FOR ZERO LOT
LINE DEVELOPMENTS, EXCLUDING
PERIMETER LOTS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on ., and voted __ to __ to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning
Board, sitting as the Local Planning Agency, has determined that the change is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, current information and increased population require re-evaluation and adoption
of updated development standards; and
WHEREAS, periodic reviews of the Land Development Regulations to evaluate its various
provisions and propose amendments to resolve new or outstanding issues and comply with the
Comprehensive Plan, State Statutes, and Federal Law; and
WHEREAS, zero lot line developments are becoming more pop.l.r due to lack of available
land for construction; and
WHEREAS, zero lot line homes are typically built on lots which are smaller in size than normal
single family lots and setback requirements for normal residential lots may be inappropriate for zero lot
line developments and impede rather than promote qnulity comlllunities; and
WHEREAS, the City Commission has determined the proposed amendment will
.ensure that new zero lot line developments will be enhanced with the ability to provide better amenities
m the community; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DFJ.RAY BEACH, THAT:
SECTION 1. That Article 4.6, "Supplemental District Regulations, Subsection
4.6.15(G), "Yard Encroachment", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows:
lam ·
(1) Swimming pools, the tops of which are no higher than grade level, may extend into
the rear, interior or street side setback areas but no closer than ten feet (10) to any property line,
except as provided in subsection (2) and (4) below. Swimming pools shall not ex~¢nd into the front
setback area noted in Section 4.3.4(K). [Amd. Ord. 41-92 9/8/92, Amd. Ord. 13-91 2/26/91]
(2) When adjacent to at least 50 feet of open space, as defined in Section
4.3.4(H)(5)(c) and (d), swimming pools at grade levd may extend into the rear or interior side setback
area but to no closer than five feet (5'). [Amd. Ord. 41-92 9/8/92]
(3) Although swinarni~g pOOls may extend into side and rear setback areas, a screened or
other pool enclosure shall not be permitted to encroach into such setback areas except as provided in
Section 4.3.4(H)(5)(b) and (e). [Amd. Ord. 41-92 9/8/92]
(4~ When located in a zero lot line development, swimming pools at ~ade level may
extend into the interior side setback but no closer than five feet (5') from the property, line. A
swimming pool may also extend no closer than five (5;~ from the rear property, line in a zero lot line
development except along the perimeter of the development where the rear setbacks noted in Section
(G~(1) shall apply, except when ad.iacent to at least 50' of open space as provided in subsection (G)(2).
(5) Swimmin_~ pools are prohibited in dedicated easement, ,re!ess written ap?oval of
the easement holder is obtained and a hold harmless a~eement is executed.
SECTION 2. SEVERABILITY: That should any section or provision of this ordinance
or any portion thereof, any paragraph, sentence, or word be declared by a curt of pon/on thereof, any
paragraph, sentence, or word be declared by a court of competent iurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
SECTION 3. REPEAL OF LAWS IN CONFLICT: That all ordinances or parts of
ordinances in conflict herewith be, and the same are hereby repealed.
SECTION 4. CAPTIONS: The captions, section headings, and section designations
2 ORD. NO. 244)4
used in this ordinance are intended for the convenience of users only and shall have no effect in the
interpretation of the provisions of this ordinance.
SECTION 5. INCLUSION IN THE LAND DEVFJ.OPMENT REGULATIONS:
The provision of this ordinance shall become and be made a part of the 1 ~nd Development Regulations
of Delray Beach, Florida. The Sections of the ordinance may be renumbered or re-lettered to
accomplish such, and the word "ordinance" may be changed to "section," "article," or any other
approphate word.
SECTION 6. EFFECTIVE DATE: The provisions of this ordinance shall become
effective thirty. 00) days after the ordinance is adopted by the City Commission.
PASSED AND ADOPTED in reg, lar session on second and final reading on this the
day of ,2004.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
3 ORD. NO. 2404
MEETING DATE:
AGENDA ITEM:
APRIL 19, 2004
IV.F. - AMENDMENT TO LDR SECTION 4.6.15(G) TO
SWIMMING POOL LOCATION AND SETBACK
REQUIREMENTS.
The item before the Board is that of making a recommendation to the City Commission
regarding an LDR amendment to Section 4.6.15(G) to amend the setback and location
requirements for swimming pools.
Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
Over the last several years the City Commission has made adjustments to setbacks for
buildings, screen enclosures, pools, etc. to accommodate the unique constraints of zero
lot line developments. These specific internal adjustments were approved for projects
like Colony Club, Old Palm Grove, Clearbrook, and Hammock Reserve.
The current swimming pool setbacks apply citywide and do not address any specific
type of development such as zero lot line developments. These citywide swimming pool
setbacks were previously amended in September 1992 by City Commission to reduce
the pool setback from 15' to 10' along any street in recognition that the setback was too
restrictive. The City Commission also approved the reduction of the rear and side pool
setback to 5' when the property is adjacent to at least 50' of open space.
The City has received a privately initiated LDR text amendment to modify the swimming
pool setback requirements. The applicant has submitted the following narrative that
describes the basis for the requested Land Development Regulation text amendment:
'The Delray Beach LDR's permit zero lot line developments. Lots in these
developments may be only 4,800 square feet in area, as opposed to the minimum of
7,500 square feet in R-1-A zoning. A zero lot line lots must be 60 feet in width (40'
interior, 60' corner). Although R-1-A lots can be 60 feet in width, their required depth of
100 feet (and minimum size of 7,500 square feet) typically makes the lot wider than 60
feet. Setback requirements for pools, however, are the same in both zoning categories.
The only exception for a reduced side or rear yard setback for a pool is when it is
adjacent to open space at least 50 feet in width.
Planning and Zoning Board Staff Report
LDR Amendment to swimming pool setback and location requirements
Page 2
Palm Beach County recognizes the typically smaller lot for a zero lot line home and
allows side and rear setbacks of 5 feet, and as small as 3 feet when on the zero lot side.
These reduced setbacks recognize the typically sma#er zero lot line lot, and allow for
pools more standard in size to be built."
The applicant correctly indicates that there are differences between the typical lot
dimensions between standard lots within standard single family residential zoning
districts and the typical zero lot line developments. The minimum lot width within the
PRD (Planned Residential Development) zoning district is 40' as opposed to the 60'
minimum lot width within the R-1-A (Single Family Residential) zoning district. The
City's "one-size-fits-all" swimming pool setback requirements do not provide appropriate
setbacks between the various zoning districts. These setbacks should be designed to
provide the appropriate swimming pool setbacks based on the lot configurations. The
applicant has also requested in cooperation with staff that the rear setback for pools in
zero lot line development be reduced from 10' to 5'. However, there is a concern that
incompatibility may be created along the perimeter when a zero lot line development
abuts another development that has a 10' rear yard swimming pool setback.
Consequently, the proposed LDR text amendment provides for retention of the existing
10' rear setback along the perimeter of a zero lot line development. Additional relief
currently exists and is being retained for those perimeter lots that have rear lot lines that
abut at least 50' of open space.
The proposed text amendment stipulates that swimming pools are prohibited within
dedicated easements. However, relief is provided when written approval of the
easement holder is provided and a hold harmless agreement is executed.
The City has approved internal adjustments for pools within existing zero lot line
developments. The side pool setback was reduced to 5' for Hammock Reserve. A few
of the lots were granted relief from the rear pool setback of up to 7'. The side pool
setback for the Colony Club at Delray Beach (fka Winterplace PUD) was reduced from
10' to 5'. The rear setback was reduced from 10' to 5' for most lots and 3' 8" for a few
lots that were adjacent to 50' of open space.
Similar Swimming Pool Setback In Other Jurisdictions:
The following comparison of swimming pool regulations for zero lot line developments of
other jurisdictions was conducted:
Government Rear Side Side Front
street
Palm Beach District setback District setback 15' 25'
Gardens (10' maximum)
West Palm Beach 5' 5' (interior) 15' Not allowed
(Special zll 5' (zero side)
requirements)
Planning and Zoning Board Staff Report
LDR Amendment to swimming pool setback and location requirements
Page 3
Government Rear
Jupiter 10.5'
Boca Raton 10'
Palm Beach 5'
Side,
1,0.5 (interior)
3 (zero side)
10
5' (interior)
(zero side)
Side Front
street
18' 28'
15 25'
13' 13'
LDR Section 2.4.5(M)(5) (Findin_cls): Pursuant to LDR Section 2.4.5(M)(5)
(Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a
finding that the text amendment is consistent with and furthers the Goals,
Objectives and Policies of the Comprehensive Plan.
COMPREHENSIVE PLAN POLICIES:
The goals, objectives and policies of the Comprehensive Plan were reviewed and there
are no applicable goals, objectives or policies noted. While the amendment does not
specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is
not inconsistent with them.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
r~ PROD
[3 President's Council
Letters of objection and support, if any, will be presented at the Planning and Zoning
Board meeting.
The City's has experienced requests for internal adjustments for pool rear and side
setbacks in almost every zero lot line development. The City's current pool setback
requirements do not adequately address the narrower lot size parameters for zero lot
line developments. The proposed setback reduction will allow the installation of a
Planning and Zoning Board Staff Report
LDR Amendment to swimming pool setback and location requirements
Page 4
typical pool without having an impact on the intensity of a development or adjacent
properties. The restriction on the rear setbacks for perimeter lots in a zero lot line
development will ensure that compatibility with adjacent developments will be
maintained. In order to provide appropriate relief from some perimeter lots, the rear
setback may be reduced to 5' for those lots that have a minimum of 50' of open space.
The proposed text amendment will prohibit swimming pools within easements unless
approval is provided by the easement holder and a hold harmless agreement is
executed. A positive finding can be made with respect to LDR Section 2.4.5(M)(5).
By motion, recommend to the City Commission approval of the amendment to Land
Development Regulation Section 4.6.15(G) regarding the spatial requirements for
swimming pools as noted in Exhibit "A," based upon positive findings with respect to
LDR Section 2.4.5(M).
Attachments:
· Exhibit "A" - Proposed Ordinance
LEGAL NOTICES