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Ord 25-09ORDINANCE NO. 25-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CIT"'Y OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVLLOPMENT I~:EGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL. {R-1} DISTRICT", SUBSECTIONS 4.4.3{F~, "DEVELOPMENT STANDARDS", AND 4.4.3{G}, "SUPPLEMENTAL DISTRICT REGULATIONS", TO PROVIDE DEVELOPMENT STANDARDS AND SUPPLEMENTAL REGULATIONS TO ENCOURAGE THE REDEVELOPMENT OF THE CARVER SQUARE BROWNFIELD AREA; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Berard reviewed the proposed text amendment at a public hearing held on April 20, 2009 and voted 6 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174{4}{e}, the Planning and Zoning Board, sitting as the Local Planning Agency, has detertniried 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 Cotnrnission of the City of Delray Beach fords the ordinance is consistent with the Comprehensive Plan. WHEREAS, the City Commission desires to provide Land Development Regulations to encourage redevelopment of the Carvex Square Brownfield Area established pursuant to Resolution No. 20-07 {Carver Square Lots 11-30}: NOW, THEREFOIi:E, 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 4.4.3, "Single Family Residential {R-1} Districts", Subsection 4.4.3{F}, "Development Standards" 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: (F) Development Standards: The development standards as set Earth in Section 4.3.4 shall apply, except as modified below: (1) In addition to the provisions of Section 4.3.4(I~), properties located within the North Beachf Seagate and Ocean Neighborhood Overlay Districts shall comply with the provisions of the adopted Beach Praperry Owners Design Manual for the North Beach and Seagate Neighborhoods including but not limited to visual compatibility standards relating to limitations on height, width, mass, scale, materials, color, style, form, and square footage. (2) In addition to the provisions of Section 4.3.4{x.), properties located within the Lake lda Neighborhood Overlay District shall comply with the foIlawing regulations; (a) Maximum Lot Coverage: 1. Forty percent (40°l0) for one story houses 2. Thirty percent (3Q%) for multi-story houses (b) The maximum Floor Area Ratio is .35 for a multi-story house. Property with frontage an Lake Ida are allowed a Floor Area Ratio of .40 for a multi story pause. (c) The area of the upper floors shall not be greater than seventy-five percent {75%) of the area of the first floor. Properties with frontage an Lake Ida are allowed to have upper floors with up to 10Q% of the area of the first Haar. {d) Minimum setback for multi-story homes in the R-1-AA zoning district shall be twenty-five feet (25') for the front yard and fifteen feet {15') for the rear yard. {e) Mitumum setback far multi-story Names in the R-1-~t.AA and R-1-ARAB zoning districts shall be thirty feet {30') for the front yard and seventeen feet {17') far the rear yard. (f) Additional landscaping required fax both new multi-story houses ar additions to existing multi-story hawses shall be as follows; 1. New houses: landscaping requirements shall be the same as the Beach Districts as provided in the Beach Property Owners Design Manual far the North Beach and Seagate Neighborhoods. 2. Additions: supplemental landscaping shall be provided along that portion of the house where the new upper Hoar addition occurs withhin 5' of the ntinimum required setback lines. The intent of the requirement is to ORD. NO.25-04 soften and screen the upper story addition and shall generally consist of additional vertical landscaping which would include fourteen foot {14') shade trees or eighteen foot (18') Palm trees at spacings determined by the City Landscape Department to be sufficient to meet the intent of this requirement. {g) First Floor Maximum Height: Single-story or first floor limits shall be established by: a. Height from fitushed floor elevation to top of beam (tie or band) sha11 not exceed fourteen feet (14'). b. Any portion exceeding the dimensions described in Section 4.4.3{F){2)(g)1.a. above shall be considered multi-start' structures. (h) IJ.pper Stoxy Height: 1. Height from finished floor elevation to finished floor elevation or top of beam {tie or bond) shall not exceed twelve feet (12'). (3~ Carver Square Brownfield Area Development Standards: The following development standards apply to properties located in the Carver Square Brownfield Area {Resolution Na. ~0-07 -Carver Square Lots 11-30~ ,(a} Setbacks: {1} Front: 20' (2~ Side (Street}: 10' (31 Side (Interior): 7.5' (4~ Rear 10' ~b~ Setbacks for Garages. Carports and Porte-Cocheres: Required parking is not allowed in the front ar street side setback. Garages, carports and Porte-cacheres must have a minimum 2Q' se back when the entrance faces a public street. ~~ Parch Encroachments: Front porches may extend 5' into the front setback and cannot be enclosed in anv manner. Section 3. That Section 4.4.3, "Single Family Residential {R-1) Districts", Subsection 4.4.3{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; {ORD. N©. 25-09 {G} Su~aplernental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply, except as modified below: {1} In addition to the provisions of Section 4.3.4{K}, properties located within the North Beach jSeagate and Ocean Neighborhood Overlay Districts shall comply with the provisions of the adopted Beach Property Owners Design Manual for the North Beach and Seagate Neighborhoods including but not limited to visual compatibility standards relating to limitations on height, width, mass, scale, materials, color, style, form, and square footage. ~, Within the Carver Square Brownfield Area Resolution No. 20-07 -Carver Square Lots 11-30~, all irrigation must be connected to a Ci water system and the~rovision of irrigation from a well system is prohibited. 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 G. That this ordinance shall become effective immediately upon its passage on second and final reading. 1~,~~ASSED AN ADC7PTED in regular `` day of _ , 2049. ATTEST: session on second and final reading on this the ~~ MAYOR CITY CLERK First Reading Second Reading ORD. NC}. 25-09 ~EMURANDUM TO: Mayor and City Commissioners FRAM; David T. Harden, City Manager DATE: May 12, 2009 SUBJECT: AGENDA ITEM IQ G - REGULAR C©MMISSION MEETING QF MAY 29x 2009 ORDINANCE N0.25-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading of aCity-initiated amendment to the Land Development Regulations (LDR} Section 4.4.3, "Single Family Residential (R-1}District", Subsections 4.4.3(F} and 4.4.3(G} to provide development standards and supplemental regulations to encourage the redevelopment of the Carver Square Brownfield Area. BACKGROUND At the first reading on May 5, 2009 the Commission passed C}rdinance No. 25-09. RECOMMENDATION Recommend approval of Ordinance No, 25-09 on second and final reading. mEMOU~~v~u~ TO; Mayor and City Commissioners FROM; Catherine M. I~ozol, Asst. City Attorney THROUGH: City Attorney I?ATE: Apri129, 2009 SUBJECT: AGENDA ITEM l_2E~ =REGULAR C©MMISSIQN MEETING OF MAY 5 2009 ORI}INANCE NO.26=09 ITEM BEFORE COMMISSION This Ordinance would amend Chapter 71, "Parking Regulations, Section 71.999, Penalty, subparagraph (b) Civil Penalty to allow the City to add certain costs of Collection fees to any unpaid balance owed the City. BACKGROUND Florida Statute 938.35 allows far municipalities to Charge violators any collection fees charged by any registered collection agency for attaining payment far any unpaid traffic tickets. We have paid about $20,000 aruzually far parking ticket Collection fees. RECOMMENDATION The City Attorney's Office recommends approval. ORDINANCE N0.25-09 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 4.4.3, "SINGLE FAMILY RESIDENTIAL {It-1) DISTRICT", SUBSECTIONS 4.4.3{F}, "DEVELOPMENT STANDARDS", AND 4.4.3{G}, "SUPPLEMENTAL DISTRICT REGULATIONS", TO PROVIDE DEVELOPMENT STANDARDS AND SUPPLEMENTAL REGULATIONS TO ENCOURAGE THE REDEVELOPMENT OF THE CARVER SQUARE BROWNFIELD AREA; PROVIDING A SAVINGS 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 April 24, 20Q9 and voted 6 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 Delray Beach finds the ordinance is consistent with the Comprehensive Plan. WHEREAS, the City Commission desires to provide Land Development Regulations to encourage redevelopment of the Carver Square Brownfield Area established pursuant to Resolution No. 20-07 {Carver Square Lats 11-34}: 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 4.4.3, "Single Family Residential {R-1) Districts", Subsection 4.4.3{F}, "Development Standards" 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: (F) Development Standards: The development standards as set forth in Section 4.3.4 shall apply, except as modified below: (1) In addition to the provisions of Section 4.3.4(K), properties located within the North Beach/Seagate and Ocean Neighborhood Overlay Districts shall comply with the provisions of the adopted Beach Property Owners Design Manual for the North Beach and Seagate Neighborhoods including but not limited to visual compatibility standards relating to limitations on height, width, mass, scale, materials, color, style, form, and square footage. (2) In addition to the provisions of Section 4.3.4(K), properties located within the Lake Ida Neighborhood Overlay District shall comply with the following regulations: (a) Maximum Lot Coverage: 1. Forty percent (40%) for one story houses 2. Thirty percent (30%) for multi-story houses (b) The maximum Floor Area Ratio is .35 for amulti-story house. Property with frontage on Lake Ida are allowed a Floor Area Ratio of .40 for a multi story house. (c) The area of the upper floors shall not be greater than seventy-five percent (75%) of the area of the first floor. Properties with frontage on Lake Ida are allowed to have upper floors with up to 100% of the area of the first floor. (d) Minimum setback for multi-story homes in the R-1-AA zoning district shall be twenty-five feet (25') for the front yard and fifteen feet (15') for the rear yard. (e) Minimum setback for multi-story homes in the R-1-AAA and R-1-ARAB zoning districts shall be thirty feet (30') for the front yard and seventeen feet (17') for the rear yard. (f) Additional landscaping required for both new multi-story houses or additions to existing multi-story houses shall be as follows: 2 ORD. N0.25-09 1. New houses: landscaping requirements shall be the same as the Beach Districts as provided in the Beach Property Owners Design Manual for the North Beach and Seagate Neighborhoods. 2. Additions: supplemental landscaping shall be provided along that portion of the house where the new upper floor addition occurs within 5' of the minimum required setback lines. The intent of the requirement is to soften and screen the upper story addition and shall generally consist of additional vertical landscaping which would include fourteen foot (14') shade trees or eighteen foot (i8') Palm trees at spacings determined by the City Landscape Department to be sufficient to meet the intent of this requirement. (g) First Floor Maximum Height. Single-story or first Hoar limits shall be established by: a. Height from finished floor elevation to top of beam {tie or bond) shall not exceed fourteen feet {14'). b. Any portion exceeding the dimensions described in Section 4.4.3(F}{2~{g)l.a. above shall be considered multi-story structures. {h) Upper Story Height: 1. Height from finished floor elevation to finished floor elevation or top of beam (tie or bond) shall nat exceed twelve feet (12'). ~3) Carver Square Brownfield Area Development Standards: The following develo ment standards a 1 to ro erties located in the Carver S uare Brownfield Area {Resolution No. 20-07 -Carver S~,uare Lots 11-30). ~a) Setbacks: {l) Front: 20' {2) Side {Street): 1 Q' ~3~ Side (Interior): 7.5' {4) Rear l Q' {b) Setbacks for Garages, Carports and Porte-Cocheres: Required taarking is not allowed in the front or street side setback. Gara ems, carports and porte- flRD. N{7.25-04 cocheres must have a minimum 20' setback when the entrance faces a public street. (c) Porch Encroachments: Front porches may extend 5' into the front setback and cannot be enclosed in any manner. Section 3. That Section 4.4.3, "Single Family Residential (R-1) Districts", Subsection 4.4.3(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: The supplemental district regulations as set forth in Article 4.6 shall apply, except as modified below: (1) In addition to the provisions of Section 4.3.4(K), properties located within the North Beach/Seagate and Ocean Neighborhood Overlay Districts shall comply with the provisions of the adopted Beach Property Owners Design Manual for the North Beach and Seagate Neighborhoods including but not limited to visual compatibility standards relating to limitations on height, width, mass, scale, materials, color, style, form, and square footage. (2) Within the Carver Square Brownfield Area (Resolution No. 20-07 -Carver Square Lots 11-30), all irrigation must be connected to a City water system and the provision of irrigation from a well system is prohibited. 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 _ day of , 2009. 4 ORD. NO. 25-09 ATTEST: CITY CLERK First Reading Second Reading MAYQR oxz>. rra. Zs-o~ MEMORANDUM TO: Mayor and City Commissioners FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: Apri129, 2009 SUBJECT: AGENDA ITEM 12 D -REGULAR COMMISSION MEETING OF MAY 5.2009 ORDINANCE N0.25-09 ITEM BEFORE COMMISSION Consideration of acity-initiated amendment to Section 4.4.3, "Single Family Residential (R-1) Districts", Subsections 4.4.3(F), "Development Standards" and 4.4.3(G), "Supplemental Regulations" of the Land Development Regulations for the Carver Square Brownfield Area. The Carver Square Brownfield Area is described as lots 11 - 30 of the Carver Square Subdivision, as recorded in Plat Book 24, page 11. BACKGROUND The Community Redevelopment Agency (CRA) has acquired two blocks of single family properties (20 lots total) in the Carver Square subdivision, pursuant to an acquisition plan that was approved by the CRA Board on February 24, 2005. The properties were the site of a former dumping area, and most of the houses that had been constructed on the lots experienced significant structural damage due to major settlement of the soil. In 2004, the Florida Department of Environmental Protection (FDEP) and the US Environmental Protection Agency had completed tests with respect to environmental conditions on the site and determined that there is no environmental hazard present as it relates to toxic or hazardous waste disposal. However, the subsurface conditions of the area contained significant amounts of debris which indicated the area had been utilized as a landfill. The CRA's plans for the area included acquisition of the properties, relocation of the residents, demolition of the remaining structures, remediation of the soil conditions, stabilization of the site, and construction of new single family affordable housing. At its meeting of March 8, 2007, the City Commission approved Resolution No. 20-07 designating Lots 11 - 30 (Carver Square Subdivision) as a Brownfield Area for rehabilitative purposes as well as obtaining potential funding for the remediation. Nineteen (19) of the lots are owned by the CRA and one (1) is owned by the Delray Beach Community Land Trust (Lot 23). Also in 2007, the CRA procured services for the soil remediation and monitoring, as required by FDEP. In 2008 the CRA received a loan from South Florida Planning Council for activities related to soil remediation. The structures were demolished anal the soil remediation was completed under Florida's Brownfield Program. Final certification by FDEP for redevelopment of the lots is anticipated by July. The amendment proposes reducing the current setback requirements as follows: . The front setbacks will be reduced from 25' to 20' and . The side street setbacks will be reduced from 15' to 10' By reducing the front and side street setbacks, the proposed amendment will provide mare design flexibility, larger rear yards, and promotes a unique streetscape. In addition, the amendment will allow front parches to encroach 5' into the (rant setback and will require that all irrigation be connected to the City water system. REVIEW BY OTHERS The text amendment was considered by the Platztling and Zoning Board on April 20, 2008. The Board unanimously recommended approval on a 6 to 0 vote, 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. RECOMMENDATION By motion, approve on first reading C}rdinance No. 25-09 far aCity-initiated amendment to the Land Development Regulations, 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.