Ord 07-09ORDINANCE NO. 07-09
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 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT",
SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND
SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION
(G), "SUPPLEMENTAL DISTRICT REGULATIONS", SUB-SUBSECTION
(1) "CENTRAL CORE AND BEACH AREA SUPPLEMENTAL
REGULATIONS", TO CHANGE THE PARKING REQUIREMENTS FOR
BUSINESS AND PROFESSIONAL OFFICES WITHIN CERTAIN
PORTIONS OF THESE ZONING DISTRICTS; 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 January 26, 2009 and voted 5 to 0 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, the City Commission of the City of Delray Beach adopts the findings in the Planning and
Zoning Staff Report; and
WHEREAS, the City Commission of the City of Dekay Beach finds the ordinance is consistent with
the goals, policies, and objectives of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.4.9, "General Commercial (GC) District", Subsection (G), "Supplemental
District Regulations", 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) Supplemental District Regulations: In addition to the supplemental district regulations set forth in
Article 4.6, the following supplemental district regulations shall apply in the GC District.
(11 The parking requirement for business and professional offices within that portion of the GC zonint
district bounded by S.E. 5th Avenue on the west, S E 6th Avenue on the east, S E 4th Street on the north anc
S.E. 10th Street on the south is established at one (1Lspace per 300 sq ft of net floor area
(~ 2)North Federal Highway Overlay District: The following supplemental district regulations apply to
the North Federal Highway Overlay District, as defined in Section 4.5.7.
(a) In addition to the uses listed in 4.4.9(D), the following light industrial uses are allowed as
conditional uses:
1. Fabrication and/or assembly of manufactured materials or parts for distribution or sale, such
as sheet metal, sign shops, glass shops, electronics, cabinet and furniture making.
2. The wholesaling, storage and distribution of products and materials;
3. Self service storage facilities that comply with subsection (c) below.
(b) All uses listed under subsection (a) above must:
1. Operate in conjunction with a permitted service or retail use that is located on the premises;
2. Maintain a commercial facade along North Federal Highway, with the light industrial aspect
of the business oriented toward Dixie Highway;
3. Operate within an enclosed building, with no outside storage;
4. Orient overhead doors away from adjacent rights-of--way, except where existing, or where
the approving body determines that it is not feasible to comply; and,
5. Along the property line adjacent to Dixie Highway, provide a landscape buffer consisting of
a 4' high hedge, and trees planted 25 feet on center to form a solid tree line.
(c) In addition to subsection (b) above, any self service storage facility shall comply with the
following. The following regulations supersede Section 4.3.3(A).
1. Lot Area: The minimum lot area is 1.5 acres and the maximum lot area is 3 acres.
2. Facilities and Requirements:
a. Outdoor bay type access to individual self-storage units that face a street is prohibited.
The exterior loading access points shall be designed in such a way to minimize sighti
lines from adjacent roads.
2 ORD. NO.07-09
b. No building shall exceed forty-eight feet (48') in height.
c. Parking shall be provided at the rates set forth in Section 4.6.9 for the permitted service,
office and retail uses and for self-storage uses, parking shall be at a rate of one (1)
parking space per 100 storage units or portion thereof, including: (a) a minimum of
three (3) loading spaces for the self-service storage facility that must be striped and
signed to limit the time for loading and unloading to one (1) hour; and in addition (b)
three and one-half (3.5) spaces for each 1,000 square feet of accessory office use
associated with the self-storage use. Notwithstanding the above, a minimum of five (5)
parking spaces other than loading spaces shall be provided in connection with the self-
storage use.
d. At least 2,500 square feet of ground floor area shall be devoted to at least one additional
principal retail or service use without limiting the foregoing. The additional principal
uses may be eating and drinking establishments, retail or personal service.
3. Limitation of Uses:
a. Activities not related to the rental or lease of self-storage units shall not be conducted
within the self service storage facility area, unless specifically permitted through the
conditional use process.
b. Except as otherwise provided in subsection (c), no business or activity other than self
storage shall be conducted from any self-storage unit in the facility. Examples of
prohibited uses include, but are not limited to the following: the servicing, repair and/or
restoration of automobiles, boats, recreational vehicles, and/or restoration of
automobiles, boats, recreational vehicles, lawnmowers and the like; moving and self-
storage companies; cabinet making and wood working (whether personal or
professional); personal hobbies and arts and crafts; and any other activity unless
specifically permitted through the conditional use process.
c. Except as otherwise provided in this subsection (c), there shall be no electrical power
provided to, or accessible from any individual self-storage units. This includes the
provision of lighting fixtures to the interior of aself-storage unit, unless specifically
addressed in the conditional use approval. The use of portable generators is also
prohibited.
d. The use or storage of any hazardous materials is prohibited.
e. the terms and conditions of this section shall be clearly expressed in all self-storage
3 ORD. N0.07-09
rental or leasing contracts, as well as conspicuously displayed in plain view on a sign no
smaller than one foot (1') by two feet (2') in the leasing office at the facility.
4. On-Site Manager: An on-site manager shall be employed at the facility during all hours of
operation.
5. Hours of Operation: Customers of the self service storage facility may not access
individual self-storage units before 5:00 a.m. or any later than 9:00 p.m. Hours of operation
may be further restricted when it is deemed that morning and evening traffic into and out of
the facility may negatively impact the character of an adjacent residential area. In no
circumstance shall customers of any self service storage facility have 24 hour access to their
self-storage unit(s).
6. Landscape Requirements: In addition to all applicable landscape requirements and other
special provisions pursuant to the individual zone district, a minimum ten foot (10')
landscape buffer shall be required adjacent to Federal Highway and Dixie Highway and a
minimum five foot (5') landscape buffer shall be required along all property lines that do not
abut a roadway.
7. Outdoor Storage of vehicles, Boats & Truck Rental: Outdoor storage of boats and
vehicles and truck rental is prohibited.
8. Architecture: All self service storage facility buildings must comply with the following
architectural standards.
a. Building facades visible from the public right-of--way shall have the appearance of a
service and/or retail building through the use of doors, windows, awnings, and other
appropriate building elements.
b. Exterior building material shall be stucco or a similar material.
c. Buildings that can accommodate two or more stories shall be designed where facing a
street to have the appearance of a multi-story building through the use of windows,
doors, awnings, canopies or other appropriate building elements.
d. Building facades facing a public right-of--way must have a 15% minimum transparency
consisting of windows that provide visibility from the public right-of--way from the
interior.
e. Detailed building elevations shall be submitted prior to the Conditional Use public
hearing.
4 ORD. N0.07-09
9. Location: A self service storage facility shall not be located within a radius of 1,000 feet of
another existing self service storage facility.
(2 3)Four Corners Overlay District: The following supplemental district regulations apply to the Four
Corners Overlay District, as defined in Section 4.5.14.
(a) The permitted uses shall be those uses listed in Sections 4.4.9(B)(1,2,4,5).
(b) The accessory uses shall be those uses listed in Section (C).
(c) The conditional uses shall be those uses listed in Sections (D)(1,3,4,10,12,15, 20).
(d) Standards Pertaining to Allocation of Uses:
1. Office uses can encompass up to one hundred percent (100%) of the total building square
footage within a Four Corners Overlay master development plan.
2. Retail uses shall not encompass more than one hundred percent (100%) of the total building
area square footage of the Four Corners Overlay master development plan.
3. Hotels, motels, and residential all suite lodging shall not encompass more than 20% of the
total building area square footage of the Four Corners Overlay master development plan.
Notwithstanding the above, hotels, motels and residential all suite lodging can comprise
100% of the floor area of an individual building within a MDP containing multiple buildings.
4. Multi-family Dwelling Units: Multi-family uses excluding duplexes subject to
(a)(b)(c)(d)(e) below, ranging in density not to exceed 30 units per acre subject to the
following:
a. Residential units may comprise 75% of the total floor area of the development master
plan at a maximum density of (30) units per acre and only when proposed as part of a
mixed-use development containing office and/or commercial uses.
b. Residential developments must include a minimum of 20% workforce units consisting
of moderate income workforce units as defined by Article 4.7 Family/Workforce
Housing.
c. Workforce units shall be subject to general provisions of Article 4.7.6, 4.7.7, 4.7.8, 4.7.9,
and 4.7.10.
d. For mixed-use developments, the shared parking provisions of LDR Section 4.6.9.
(C)(8) shall be allowed.
5 ORD. N0.07-09
e. All residential developments shall be subject to the Performance Standards of
4.4.13(1) (2)
(e) Standards Unique to the Four Corners Overlay District:
Where standards unique to the Four Corners Overlay District conflict with standards
contained elsewhere in the zoning, subdivision, and landscape codes, the standards of
this Subsection shall apply:
Lot Coverage & Open Space:
a. Land area equal to at least 25% of the individual Four Corners Overlay District Master
Development Plan (MDP) including the perimeter landscaped boundary, shall be in
open space. Landscape areas required to meet internal parking lot design requirements,
water bodies and paved areas shall not be included in the meeting of this 25% open
space requirement.
2. Minimum Structure Size: Any free-standing non-residential principal structure shall have a
minimum floor area of 4,000 square feet; shall be architecturally consistent with other
structures in the master development plan; and shall have direct access to and from other
portions of the Four Corners Overlay development.
3. Office and Commercial Floor Heights shall be a minimum of twelve feet (12') floor to floor
on the first floor and ten (10') floor to floor on all floors above. Residential uses shall have a
minimum nine feet (9') floor to floor on all floors. Hotel, motel and residential all suite
lodging shall have a minimum of eight feet six inches (8' 6") floor to floor on all floors.
Auxiliary and service rooms, such as, garages, restrooms, closets, laundry rooms, dressing
rooms, storage rooms, mechanical, electrical, and plumbing equipment rooms are exempted
from the floor height regulations.
Section 3. That Section 4.4.13, "Central Business (CBD) District", Subsection (G), "Supplemental
District Regulations", Sub-Subsection (1), "Central Core and Beach Area Supplemental Regulations", 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) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in
Article 4.6, except as modified below, the following shall also apply.
(1) Central Core and Beach Area Supplemental Regulations:
(a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on
ORD. N0.07-09
the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south, the parking
requirements for all non-residential uses, except restaurants, hotels and motels, and business and
professional offices, shall be one space for each 300 square feet of gross floor area or fraction
thereof. The parking required for the creation of new floor area, shall also include the
replacement of any previously required parking which may be eliminated. Within all other
geographic areas of the Central Core and Beach Area within the CBD Zone District, the
provisions of Section 4.6.9(C) shall apply, as further modified within this Subsection (G)(1).
(b) When the parking requirements are applied to either new development, expansion of an existing
use or a change in use, which results in the requirement of only one new parking space, a one
space exemption shall be allowed. This exemption may only occur once per property.
(c) If it is impossible or inappropriate to provide required parking on-site or off-site, pursuant to
Subsection 4.6.9(E)(4), the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied.
(d) The parking requirement for restaurants is established at six (6) spaces per 1,000 square feet of
gross floor area.
(e) The parking requirement for hotels and motels within that portion of the CBD bounded by
Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the
east and S.E. 2nd Street on the south is established at 0.7 of a space for each guest room plus one
(1) space per 300 sq. ft. of floor area devoted to ballrooms, meeting rooms, and shops and six (6)
spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges within the hotel or motel.
(f) The parking requirements for residential units in multi-family structures and mixed-use buildings
shall be as follows:
• Efficient dwellin unit 1.0 space/unit
• One bedroom dwellin unit 1.25 spaces/unit
• Two or more bedroom dwellin unit 1.75 spaces/unit
• Guest arkin shall be rovided cumulativel as follows:
- for the first 20 units 0.50 s aces/unit
- for units 21-50 0.30 s aces/unit
- for units 51 and above 0.20 s aces/unit
Within Townhouse and Townhouse type developments, parking may be provided in front of
garage units provided that such parking does not result in the space for one unit impeding access
to a space of the other unit.
Location of Guest Parking Spaces: Guest parking spaces must be accessible to all visitors and
7 ORD. NO.07-09
guests and may be centralized or located near recreational features within a development project.
(g) The parking requirement for business and professional offices within the following_~ortions of
the CBD
~t ~ - ..i- r ~ ~ i `~6~et~~en~e-d~i~ue~~~ is established at
one (1) space per 300 sq. ft. of net floor area.
1 The portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the
north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south;
2 The portion of the CBD bounded b~N E 5th Avenue on the west, N.E. 6th Avenue on the
east N E 2nd Street on the south and George Bush Blvd. on the north: and
3 The portion of the CBD bounded by S E 5th Avenue on the west, S.E. 6th Avenue on the
east, S.E. 2nd Street on the north and_S.E. 4~h Street on the south.
Section 4. That should any section or provision of this ordinance or any 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 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 6. That this ordinance shall become effective immediately upon its passage on second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the 3~d day of
MARCH, 2009.
~~ ~~
MAYOR
ATTEST
City Clerk (~
First Readin ~ ~J
Second Readin ~ O
ORD. N0.07-09
w
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Ronald Hoggard, AICP, Principal Planner
Paul Dorling, AICP, Director Planning and Zoning
THROUGH: City Manager
DATE: February 10, 2009
SUBJECT: AGENDA ITEM 10 B -REGULAR COMMISSION MEETING OF FEBRUARY 17, 2009
ORDINANCE NO 07-09 (FIRST READING/FIRST PUBLIC HEARING)
ITEM BEFORE COMMISSION
Consideration of a City initiated amendment to the Land Development Regulations dealing with the
parking requirements for business and professional office development along the Federal Highway
corridor.
BACKGROUND
On October 10, 2008, the City received a memo from Francisco Perez-Azua, Architect and Vice Chair
of the Chamber of Commerce Economic Development Committee. The memo outlined
recommendations to incentivize office building development in Delray Beach. The recommendations
presented in the memo build on the basic notion that a reduction in parking requirements for office
development, and the allowance of various forms of automated parking systems, will provide incentives
to promote office development. The Planning and Zoning Director reviewed the memo and noted that,
while some of the proposals would require more in depth analysis, others could be reviewed more
quickly and adopted immediately. Several of the recommendations were included in an LDR text
amendment adopted by the City Commission on January 20, 2009. The current ordinance, which
implements another of the Committee's recommendations, represents the next phase of the process. The
remaining proposals will be reviewed and brought forth at a later date.
The purpose of the proposed amendment is to expand the area between the Federal Highway one-way
pairs (5th and 6th Avenues) where the parking requirement for business and professional offices is 1
space per 300 square feet of net floor area. The area has been expanded to include the area from N.E.
2nd Street to George Bush Boulevard on the north, and from S.E. 2nd Street to S.E. 10th Street on the
south. The parking requirement for business and professional offices within this expansion area is
currently 4 spaces per 1,000 sq. ft. of net floor area up to 3,000 sq. ft. and then 3.5 spaces per 1,000
square feet of net floor area over the initial 3,000 square feet. It is anticipated that the decreased costs
associated with the reduced parking requirements will help to encourage additional office development
-~.,. ~.
in this area. As an example, the parking requirement of a 10,000 sq. ft. office building will be reduced
by 4 spaces (from 37 to 33 spaces) with the proposed amendment. Although this change will result in a
reduction in the total parking requirements for business and professional offices of all sizes, the highest
percentage reductions will occur for buildings under 3,000 square feet. It is also noted that small
additions to existing buildings may be possible without the requirement for any additional parking with
the adoption of this amendment.
REVIEW BY OTHERS
The text amendment was considered by the Planning and Zoning Board on January 26, 2009. The Board
unanimously recommended approval on a 5 to 0 vote (Miller absent and Pike stepped down), by
adopting the findings of fact and law contained in the staff report and finding that the amendment is
consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land
Development Regulations.
The Community Redevelopment Agency (CRA) and the Downtown Development Authority (DDA)
have unanimously recommended approval of the proposed text amendment.
The Parking Management Advisory Board (PMAB) meeting will not meet until February 24, 2009. The
Board's recommendation will be reported to the City Commission at second reading of the ordinance.
RECOMMENDATION
By motion, approve on first reading Ordinance No. 07-09 for aCity-initiated amendment to the LDR as
reflected in the attached ordinance, by adopting the findings of fact and law contained in the staff report
and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth
in Section 2.4.5(M) of the LDR.
ORDINANCE NO. 07-09
AN ORDINANCE OF THE QTY COMMISSION OF THE QTY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4.4.9, "GENERAL
COMMERCIAL (GC) DISTRICT", SUBSECTION (G),
"SUPPLEMENTAL DISTRICT REGULATIONS", AND
SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT",
SUBSECTION (G), "SUPPLEMENTAL DISTRICT
REGULATIONS", SUB-SUBSECTION (1) "CENTRAL CORE
AND BEACH AREA SUPPLEMENTAL REGULATIONS", TO
CHANGE THE PARKING REQUIREMENTS FOR BUSINESS
AND PROFESSIONAL OFFICES WITHIN CERTAIN
PORTIONS OF THESE ZONING DISTRICTS; 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 arnendrr~ent at a public hearing held on January 26, 2009 and voted 5 to 0 to
record that the changes be approved; and
WHEREAS, ptusuant 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, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the goals, policies, and objectives of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED ~BY THE QTY COMMISSION OF THE
QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein
Section 2. That Section 4.4.9, "General ComYr~ercial (GC) District", Subsection (G),
"Supplemental District Regulations", 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) Supplemental District Regulations: In addition to the supplemental district regulations set
forth in Article 4.6, the following supplemental district regulations shall apply in the GC District.
net floor area
(4 2)North Federal Highway Overlay District: The following supplemental district
regulations apply to the North Federal Highway Overlay District, as defined in Section 4.5.7.
(a) In addition to the uses listed in 4.4.9(D), the following light industrial uses are allowEd
as conditional uses:
1. Fabrication and/or assembly of manufactured materials or parts for distribution
or sale, such as sheet metal, sign shops, glass shops, electronics, cabinet and
furniture rrialdng~
2. The wholesaling, storage and dish~ution of products and materials;
3. Self service storage facilities that comply with subsection (c) below
(b) All uses listed under subsection (a)~ above must:
1. Operate in cony unction with a permitted service or retail use that is located on the
P~%
2. Maintain a commercial facade along North Federal Highway, with the light
industrial aspect of the business oriented toward Dixie Highway,
3. Operate within an enclosed building, with no outside storage;
4. Orient overhead doors away from adjacent ruts-of-way, except where e~dsting,
or where the approving body determines that it is not feasible to comply, and,
5. Along the properly line adjacent to Dixie Highway, provide a landscape buffer
consisting of a 4' high hedge, and trees planted 25 feet on center to form a solid
tree line.
(c) In addition to subsection (b) above, any self service storage facility shall comply with
the following The following regulations supersede Section 4.3.3(A).
1. Lot Area: The minimum lot area is 1.5 acres and the maximum lot area is 3
acres.
ORD. NO. 07-09
2. Facilities and Requirements:
a Outdoor bay type access to individual self-storage twits that face a street is
prohibited The exterior loading access points shall be designed in such a
way to minimize sight lines from adj acent roads.
b. No building shall exceed forty-eight feet (48~ in height.
c. Parking shall be provided at the rates set forth in Section 4.6.9 for the
permitted service, office and retail uses and for self-storage use`s, parking
shall be at a rate of one (1) parking space per 100 storage units or portion
thereof, including. (a) a minimtmt of three (3) loading spaces for the self-
service storage facility that must be striped and signed to limit the time for
loading and unloading to one (1) hour; and in addition (b) three and one-half
(3.5) spaces for each 1,000 square feet of accessory office use associated with
the self-storage use. Notwithstanding the above, a minimum of five (5)
parking spaces other than loading spaces shall be provided in connection
with the self-storage use.
d At least 2,500 square feet of ground floor area shall be devoted to at least one
additional principal retail or service lase without limiting the foregoing. The
additional principal uses maybe eating and drinking establislunents, retail or
personal service.
3. Limitation of Uses:
a Activities not related to the rental or lease of self-storage twits shall not be
conducted within the self service storage facility area, unless specifically
permitted through the conditional use process.
b. Except as otherwise provided in subsection (c), no business or activity other
than self storage shall be conducted from anyself-storage unit in the facility.
Examples of prohibited uses include, but are not limited to the following the
servicing, repair and/or restoration of automobiles, boats, recreational
vehicles, and/or restoration of automobiles, boats, recreational vehicles,
lawnmowers and the like; moving and self-storage companies; cabinet
making and wood working (whether personal or professional); personal
hobbies and arts and crafts; and any other activity unless specifically
permitted through the conditional use process.
c. Except as otherwise provided in this subsection (c), there shall be no
ORD. N0.07-09