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Ord 36-09ORDINANCE NO, 36-09 AN ORDINANCE OF THE CITY COIvIMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.4, "BASE DISTRICT DEVELOPMENT STANDARDS", SUBSECTION {K), "DEVELOPMENT STANDARDS MATRIX", TO CHANGE THE MINIMUM BUILDING SETBACKS FOR THE RESIDENTIAL OFFICE {RO} DISTRICT; 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 June 15, 209 and voted 4 to 4 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 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: ection 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.3.4, "Base District Development Standards", Subsection {I~}, "Development Standards Matrix", 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: {]~ Development Standards Matrix: The following matrices set forth the minimum and maximum development standards far each zoning district subject to descriptions, interpretations, and exceptions as provided for elsewhere in Section 4.3.4. F /t~ V z z LQ r z ua ~_ {/} w ~' M dy O d~ ~~ °z~ Q ro F N & Z UJ ~ g ~. o JO Yt W G z ~ ~ w 0 ~ N N x a p +P ~1 ~ i~t ~ 4 o Z ~ RN ~ ¢ ~ C ~ a Z W ~ j us ~2 ~ rW ~ Z Q~j' +~ ~ ~ H N N 4 ~ O O ~ N ~ N ~ ~ O N K a~ N o r d ,~ o ~ ~ ~ = ~ h Y W ~ ~ 6C ^ ~, ~ N ~ ~ n n, ~ ~ n c n ~ % !~ W ~ ~ ~ K! 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N0.36-09 H _~ 0 Z Z N tU ••~~y yVf Inf. a z ~ ~ x~ c~ '~'~ty Y' ~~+ +~ o ~_ W E Qg to .~ J ~- W L ~ ~a ~ ~~ ~ ~ ~~ ~ ~ ~~ ~ ~ ~a ~" ~ '~ ~~ ~ ~ ~ ~~ g R y~ s, Q~ ~ 4 2 :. ~ ~ < Z 4 Y d = 4 2 ~ < d '2 d ~ ~ d O < Z L ~ 4 d 'i1 4 1'i W } g y W O M ~ x ~ 0 s 0 s 3 °.-I ~ o o 0 a 3' ~ ~^~ ~ ~ d 2 iv ^~ o o C ~ sNt d r eW yWj ~! ~ C N ° ,~ " _ a z °n ~ '~ '~ ev o _ ~ v> a_ 2 o n s Z fC ~ L~' z 3 3 3 3 3 .~ 3 3 ? o Y' z a g ~ d ¢ 4 $ 4 d d 4 < Q ^ 4 d ~ W yam[ yw~ •( ~ Y ~ ^ os ~ a u v Cl ~~ v n ~ ' .M^„ H .M^. t i ~ M, C a _ ~ ~^.. v ~ ~` ~ ~ m C~ _ m ~ a p p a ~ ~ v ~ F'~ Q o ~i pp 9 OO vA C O pp O Z O W ~ 6 O C m O ~ O 1 N~j 4! ~j N ~i W S~~ e $ ~ 8 0 0 8 ~ o $ o $ 0 8 0 0 j~~ 0 ~ S N O d O ~ CS ~ O O O ap O O S ~ ~, ° ~ ~ ~ o o ~ ~ 0 ~~ 3 25 0 ~ g 8 ~ a o ce') t~ * Z ~ app U ~~q~yy G7 t- C ~ pp C 6~` {} i ~ ~ yq$~} O t1 O 4 O tt ~tpYt I~ i S . _ ~ ~ 9 E ~+ ~ ~ ~ ~ i7 ~ Z 3 +J ~ a a. ~ a Sc _° ~ O CY O C ~ cps LL a ~~ 5 N F c .~ Gg 8 E $~ 9 rc 8 w n n n L' .. .°^. n. •~ ORD. NO.36-09 'on 3_ 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 whale or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. coon 5. That this ordinance shall become effective immediately upon its passage on second and final reading. ~~`-' PASSE AND AL OPTED in regular sessio on second and reading on this the ~~~ day of __ ~ , 2009. ATTEST MAYO R City Clerk c~ First Readin~_. c~ Second Readin `~ ~_ 4 t}RD. NCI. 36-~9 Page 1 of 1 11ZEMCIRANI)LTM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 28, 2009 SUBJECT: AGENDA ITEM 10.F. -REGULAR COMMISSION MEETING OF AUGUST 4, 2009 ORDINANCE N0.36-09 {SECOND READINGISECOND PUBLIC HEARINGl ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing to consider acity- initiated amendment to Land Development Regulations (LDR} Section 4.3.4(K}, "Development Standard Matrix", pertaining to setback requirements in the Residential Office District (RO}. BACKGROUND At the first reading on July 21, 2009, the Commission passed Ordinance No. 36-09, RECOMMENDATION Recommend approval of Ordinance No. 36-09 on second and final reading. http://wvwv.mydelraybeach.comlAgendaslBluesheet.aspx?ItemID=2427&Meeting1D=214 8/18/2009 ORDINANCE NO. 3~6-t~ AN ORDINANCE OF THE CITY COILrIlVIISSION OF TIC CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPl~!]ENT REGULATIONS OF THE CODE OF ORDINANCES, BY A~NDING SECTION 4.3.4, "BASE DISTRICT DEVELOP'~riENT STANDARDS", SUBSECTION (K}, "DEVELOP'MEI~~'I' STANDARDS MATRIX", TO CHANGE THE MINIMCTM BUILDING SETBACKS FOR T'HE RESIDEI~J'TIAL OFFICE {RO) DISTRICT; PROVIDING A SAVING CLAUSE, A GENEI~:AL REPE~~I_.ER CLAUSE, AND AN EFFECTIVE DATE, V'~REA,S, pursuant to LDR Section 1.1.6, the Pi~~r~rring and Zoning Board reviec~d the proposed text an7endc~nt at a public hea~:ing held on June 15, 2QQ9 and voted 4 to Q to recon~x~end that the changes be approved; and WFIEREAS, pursuant to Florida Statute 163.3174~4~tc}, the P>~~r~rung and Zoning Board, sitting as the Local Plc~r~rurig Agency, l~ detexrrtixled that the c]harige is consistent with and fiarthers the gals, objectives and polices of the Comprehen~ve Plan; and V'JI~EREAS, the City Conu~nission of the City of Delray Beach adopts the finding in the Plc~r~rung and Zoning Staff Report; and V\IHEREA,S, the City Commi;~on of the City of Delray Beech finds the ordinance is consistent with the gals, polices, and objec~.ives of the CoxY~hensive Plari. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COIYiMISSION OF THE QTY OF DELRAY BEACI-I1 FLORIDA, AS FOLLOWS: lion 1. 'I~at the recitations set forth above are incorporated herein Section 2, That Section 4.3.4, "Base District Development Stand~xds", Subsection {K), "Development Standa~:ds Matrix", of the Land Development l~~gulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby armestded to read as follows: (K) Development Standards Matrix: The follov~,ing matrices set forth the minimum and xna~amum developrrent standaxd~s for each zoning di~~rict subject to c~scriptians, interpretations, and exceptions as provided for elsewhere in Section 4.3,4. ~_ a Z Z N K ° ti ~~ 8 {(~ E '~ Z 4m t- m ~~ Z ~' W ~ a~ Q Q G ~~~ ~ ~ ~ N 0 8f W N A ~ j ~ offi~~ ~ ~ N ,t ~ C ~ > 2 p +Z ~j Oytl Tr NN N N N a N a a ~ Mf N ~ ~y N N O W A '.~' ~ n N N N a ~ o ~ n ~ n +D YS YI ,~ ~ ~ 3 ~ m ~ _ P 4 m ~i ~ rNs n n +n ~ a a ~ rv ~r ° rv ~ ~ ~~ ~. 4 n YY}} t9 h M yy~~ N N yyyy N ii~~ fit y} N yN~ N ~ ~ ~'f u4 N N N N ~ 4 ~ ... W J 12 ~ ~ ~ ~ Y N N W J ~ g $ $ 8 ~ $ ~ ~ ~ 3 o a o ,g ~ ~ ~ ~ $ ~ $ ~ ~ .$ 3 ~ ~ ~ 8 $ 8 a $~ $$ ~ ~ 33 ~ 3 ~ Oyu 43 ~ U Q {~} 4 r ~ ~ m iS ei g x+ n +i4 n 2f ro g +3 +r g S m ~ v d ~ g 7, n Ti ~ C ~ 8 ~ "' 6 M N % ~ ~ K ~ ~ i arc qt ~ ei a ~ ~ o~ ~ ~ ~ ~' ~ ~ r~ ~ ~ _ ~ ~ G ~ t ~ ~ o '¢ ~ ~ s$ L~' ~ ~ ~ Y ~ a 3 p p~ ~~~~~ ~ €~~~~ ~~~ xX *$yx~~ ~, ~ ~~, A . ~~ ~~ ~ s~ ~~ ;2 E~eF $~ ~~~ ~~~:~$~ -~~ .~ .~~~~~ ~~~~~ p p ~ Y ~v f..vv ~... ~a~~a~ ~'SBS~'S ~~g~~~~ E ~ ~ ~ ~ ~ tt yy ''~~ dGr~~ ~$ d 1m ~E y QRD. N0.36-fl9 ~"" ~_ N •O V Z .Z' N W 0 ~~ ~~ a c n G~ ~~ ~q M W s ~s O~ w ~~ CS ~i g ~ g 5 "~~ ~ ~ ~ ~ ~ ~ ~ g ~ ~ ~ ~~ ~ ~~ ~ ~ 3 `~ 3 3 3 ~ ~ 3 3 a¢ 3 = a ~i ~ ~- ~ ~+ C~ f~i w: o ~, a 0 4 3 0 °~ ~ o o d $ ~ ~ ~ ~ ~ 3 a ~ ~ ~ ~ Qa, S W c $ 3 rg n n .`~ K ~' d 3 d 3 d 3 4 3 d 3 6 3 6 3 6 3 d 3 d 3 q ~ t~i ~ ~ d 3 d 3 ~ ~ d ~ d 3 6 3 ~ d 3 d 3 6 3 d 3 6 3 -~ = d 3 d 3 ,; ~*~G ° ~S ~ i 4 _ ~ y y~ • 9 ~ ~ ~Yf N ~ ~ ~ ~ ~ ~ ~ o .. ~ $ i~ o o °0 3 0 $ ~ o °o $ $ o a 3 ~ ~ ~ ~ Z = $ S~S o E `x W Jo o ~ $ o o $ ~ o $ o ~ o ~ o o o _ ~ ~ $ o o ~ 3 0 ~ $ o $ o g o o ~ s~ ,g i ° 44, ~ *u d ~ o o ~ ~ o 5 ~ i5 o n ~ R Q S m c c n ~ ~ ~ k 8 u ~ ~ ~ Y s _ ~ ~ ~ o ~ 8 9 .~ ~ ~ ~ ~ € " ` ~ ~ ~ ~ t3 8 o e S u . m ~ o a w f s ~~ ~ ~~~~ ~~.~~~ ~~s b~. b ~~~ ~~~~~ck ~ ,'fiyRgf ~ 8p a ~~ a ~ ~ E s 8 ~~~~ c a e e ORD. Nt?. 36•U4 ~~h'on 3• That should any section ar provision of this ordinance or any porkion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such derision shall not affect the validity of the ruwmairciclex hereof as a whole ar part thereof other than the part decl<ic~ecl to be invalid :r..tion 4. That all ar~finaruces ar parts of or~~inances in crnnflict her~x~vxwith be, and the sarr~e are hereby r~~ealed. ~~tian ~, Tl~t this ordinance shall becorr~ effective imrrfecliately upon its pr~;~sage on second and final r~~ PASSED AND ADQPTE D in regular session on second and final reading on this the day of 2009. ATTEST city Qerk First Rea~ci~ Second Reading 1VI A Y C} R C1RD. NQ. 36-04 Page 1 of 3 11~EMURANI3UM TO: Mayor and City Commissioners FROM: Ronald Haggard, AICP, Principal Planner Mark McDonnell, AICP, Assistant Director ofPlanning and Zoning THROUGH: City Manager DATE: July 16, 2009 SUBIECT: AGENDA ITEM 10.G. -REGULAR CORrIMISSION 14IEETING OF JULY 21, 2009 RD~INA. NCE N0.36-09 (FIRST READING/FIRST PUBLIC HEARING) ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations Section 4.3.4(K}, to reduce the minimum building setbacks for the Residential Office {RO} zoning district. BACKGROUND As stated in the Land Development Regulations, Section 4.4.17(A) "Purpose and Intent", "The Residential Office (RO} District provides for mixed use of a neighborhood office and residential nature. The RO District is appropriate as: (1) A transitional land use between a commercial or industrial area and a residential area. (2) An incentive zoning in alder residential areas which are in the need of redevelopment ter revitalization or are in a state of transition. (3) Try accommodate professional offices which will meet needs caf nearby neighbr~rhoods. (~4) An incentive zoning designation fc~r historic districts andror individually designated historic prt~perties tc~ prt~vide f©r the rehabilitation of residential structures int© office use. " Except for several small parcels scattered throughout the eastern part of the City, the Residential Office {RO} zoning district occurs primarily in the Del-Ida Park and Dell Park subdivisions {see attached map}. Of the seventy {70) RO zoned parcels located in this area, over half {54°l0) are nonconforming with respect to minimum lot size andJor lot width, Additionally, most of the existing structures located an these nonconforming lots are also nonconforming with respect to current building setbacks. Coupled with the small lot sizes, the Large building setbacks far the district are hindering the rehabilitation of the residential structures into office uses and keeping this area from realizing its full potential. Building http:l/miweb001/AgendaslBluesheet.aspx?ItemID=2397&MeetingID=213 712812009 Page 2 of 3 additions required for the adapfiive reuse of the existing structures, as well as those to expand existing homes, often require variances for the setbacks; and redevelopment of smaller lots is nearly impossible without a variance. For example, with 15-foot side setbacks, the twenty-one 50-foot wide lots within the district would only have a 20-foot wide building area. With this impediment to the revitalization and redevelopment of the area, the RO district's purpose as an incentive zoning has not been attained. To address this issue, staff recommends reducing the side and rear setbacks for the district so that modification of existing buildings andlor new construction can occur without the need for variances. It is recommended that the setbacks for the RO district be the same as those in the OSSHAD district, which allows all of the uses and has some of the same purposes as the RO district, such as promoting the restoration and preservation of historic structures. Accordingly, the setbacks will be modified as follows: rant Side Street Side Interior ear xlst~n 5' S' 15' S' ro ased 5' 15' ? 1 /2' 10' The proposed setbacks are more appropriate with the existing development pattern, both historic and non-historic. Although the amendment will increase the development potential within the area, it is noted that visual compatibility of new development within the Del-Ida Park Historic District wi11 be addressed through adherence to the requirements of LDR Section 4.5.1(E}(8}. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on June 15, 2009. The Board unanimously recommended approval on a 4 to 0 vote {Miller, Halberg and Dowd absent}, 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. On June 17, 2009, the Iistoric Preservation Board (HPB} was asked to review the proposed amendment, since most of the RO properties are located within the Del-Ida Park Historic District. The Board expressed concerns about permitting additional development space for new construction, and that the proposed setbacks may erase the need for the variance incentive for contributing properties within the Del Ida Park Historic District. The Board recommended approval with the following changes: the side interior setback should be 10 feet; and the rear setback 15 feet, with the exception of those properties abutting the FEC Railway and located along NE 3rd Avenue where the rear setback may be 10 feet. The proposed setbacks by the HPB are consistent with R-1-AA, andlor the recent setbacks implemented by the Lake Ida Overlay regulations. Staff Response to HPB recommendation. Given the large number of small lots and the existing development pattern in this district, staff recommends that the setbacks be reduced as originally proposed. By reducing the need for variances to the building setbacks, this modification will promote the purpose and intent of the RO district to encourage redevelopment and revitalization of the area, The lot sizes in the R-1-AA and the Lake Ida area are much larger than those in the RO district. Compatibility of development within the historic district will be maintained through adherence to Section 4.5.1 {E}{8}, "Visual Compatibility Standards". On June 25, 2009, the Community Redevelopment Agency {CRA} recommended approval of the proposed text amendment. http;flmiweb0011Agendas/Bluesheet.aspx?ItemID=239'7&MeetingID=213 7/2812009 Page 3 of 3 RECOMI4Z~,NDATION By motion, approve an first reading Ordinance No. 36-09 for a Ciry-initiated amendment to the Land Development Regulations 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 Land Development Regulations. http:!/rniweb001lAgendasBluesheet.aspx?ItemID=239&MeetinglD=213 ?128!2009 D Z _ ~ ' m m N.E. ttTH ST. 5T. ~ ~, N.E. t TH T. _. __ ,-___ N.E. 9TH ST. __ ~++ z' RGE USH BOULEVARD GEORGE ~ a ' W p~'' ~ QPv~ W a Q N.E. ?TN ST. ,QQa v~ z ~ _ ~~ '_ r II N.E. 6TH N.E. N.W. 6TH ST. ST. O ~ p tIl ~~ ~ L.. ~~ • ~ wr ~,P~ ~O~P 3 ~ ~ ~ N.E. °' WOOD LANE c;= I ~ -_ I 0~-~~~" N.E. 5TH CT. N.E. ~~. N.E. 5 H ST. } ~' ~ _ cu ~ to z ~ z LAKE I D A R 0 A C} ~L, I - _ _ - ---_ __--. ---.. _! J IIIIIVIIIIIIIIIIIIIIIIIIIIIIII ~;~; <t a ,_ a .... a -- Il1G1TAi 84SE MAP SYSTEM -- MAP REF: U:\AUSOOAD\RON\RO DISTRICT J ~ ~ SUBJEO P~ RTY Rp DISTRICT ~ ! I 1 PLANNING AND ZONING LOGATIC}N MAP ~' ~ DEPARTMENT PLANNING AND ZONING BOARD MEMORANDI.IM STAFF REPORT MEETING OF: JUNE 15, 2009 AGENDA NO. V. E. AGENDA ITEM: AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SEGTION 4.3.4{K}, "DEVELOPMENT STANDARDS MATRIX", TO GRANGE THE MINIMUM BUILDING SETBAGKS FOR THE RESIDENTIAL OFFIGE {RO} DISTRIGT. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding aCity-initiated amendment to the Land Qevelopment Regulations by amending the Development Standards Matrix for non-residential uses in LDR Section 4.3.4{K}, to change the minimum building setbacks for the Residential Office (RO) zoning district. Pursuant to Section 1.1.6, an amendment to the text of the Land 1evelopment Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. DESGRIPTION AND ANALYSIS As stated in the Land Development Regulations, Section 4.4.17{A) °Purpose and Intent", "The Residential Office (ROB District provides for mixed use of a neighborhood office and residential nature. The RO District is appropriate as: (~) A transitional land use between a commercial or industrial area and a residential area. (2) An incentive zoning in older residential areas which are in the need of redevelopment or revitalization or are in a stafe of transition. (3) To accommodate professional offices which will meet needs of nearby neighborhoods. (4) An incentive zoning designation for historic districts andlor individually designated historic properties to provide for the rehabilitation of residential structures into office use." Except for several small parcels scattered throughout the eastern park of the City, the Residential Office {RO) zoning district occurs primarily in the Del-Ida Park and Dell Park subdivisions {see attached map}. Of the seventy {70} RO zoned parcels located in this area, over half (54°l~} are nonconforming with respect minimum lot size andlor lot width. Additionally, most of the existing structures located an these nonconforming lots are also nonconforming with respect to current building setbacks. Coupled with the small lot sizes, the large building setbacks for the district are hindering the rehabilitation of the residential structures into office uses and keeping this area from realizing its full potential. Building additions required for the adaptive reuse of the existing structures, as well as those to expand existing homes, often require variances far the setbacks; and redevelopment of smaller lots is nearly impossible without a variance. For example, with 15 feet side setbacks, the twenty-one 54 feet wide lots within the district would only have a 24 feet wide building area. With this impediment to the revitalization and redevelopment area, the RO district's purpose as an incentive zoning has not been attained. Planning and Zoning Board Staff Report 1_DR Text Amendment -Modification of Building Setbacks within the Residential Office {RO} District To address this issue, staff recommends reducing the side and rear setbacks for the district so that modification of existing buildings or new construction can occur without the need for variances. It is recommended that the setbacks far the district be the same as those in the 4SSHAD district, which has some of the same purposes and allows all of the uses in the RO district. Accordingly, the setbacks will be modified as follows: Front Side Street Side Interior Rear Existin 25' 25' 15' 25' Pro used 25' 15' 7 112' 10' REQUIRED FINDINGS LDR Section 2.4.5tM)f51 fFindingst: Pursuant to LDR Section 2.4.5(M}{5} {Findings}, in addition to LDR Section 9.9,6(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. -lhe goals, objectives and policies of the Comprehensive Plan were reviewed and there are no applicable goals, objectives ar policies noted. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. REVIEW 13Y OTHERS Courtesv Notices: Courtesy notices were provided to the fallowing homeowner and civic associations: ^ Progressive Residents of Delray {PRC7D) ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The purpose of this text amendment is to decrease the minimum side street, side interior and rear building setbacks within the RC} zoning district. By reducing the need for variances to the building setbacks, this modification will promote the purpose and intent of the RU district to encourage redevelopment and revitalization of the area. ~ RECOMMENDED ACTION ~ Move a recommendation of approval to the City Commission for aCity-initiated amendment to Land Development Regulations Section 4.3.4(K}, "Development Standards Matrix", to change the minimum building setbacks for the Residential Office (RQ) District, by adopting the findings of fact and law contained in the Staff Repork and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Attachments: • R4 District Location Map • Proposed Qrdinance 36-49 s:lpianning & zaningtboardstp&z baardlldr amendment-ro district setbacks.dac 2 ~ _. .. ORDINANCE N0.36.09 a M 0 N ~, ~. r z d m R 0 ~, R 0 m 0 U d 0 REGULATIONS The Cify Commission of the City of Delray Beach, Florida, proposes to adopt the following ordinances: -09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF'fHE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) .DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUC- TURES PERMITTED", TO CLARIFY THAT PUBLIC OPEN SPACE/PLAZA IS A PERMITTED USE IN 'THE CENTRAL BUSINESS DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE N0.33.09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSEG TION 2.4.3(K), "FEES", SUB-SUBSECTION (1), "DEVEL- OPMENT APPLICATIONS", SUB-SUBSECTION. (3), "PERMIT FEES°, TO PROVIDE FOR AN INCREASE IN SUCH FEES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE N0.35.09 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 4.6.9, "OFF-STREET PARKING REQUIREMENTS", SUBSEC- 'T`ION (C), "NUMBER OF PARKING SPACES REQUIRED", SLIB-SUBSECTION (B), "MULTIPLE USES", PARA- GRAPH (A), "SHARED PARKING", TO ALLOW THE UTiLI- ZA`fION OF THE SHARED PARKING CALCULAI`IONS TABLE FOR MIXED-USE DEVELOPMENTS WHEN A RESIDENTIAL USE IS NOT PROVIDED, PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. .., AN ORDINANCE OF THE G1TY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3:4, 'BASE DISTRICT: DEVELOPMENT STANDARDS", SUBSEC`T`ION (K),. "DEVELOPMENT STANDARDS MATRIX", TO CHANGE THE MINIMUM BUILDING SETBACKS FOR THE. RESIDENTIAL OFFICE (RO) DISTRICT; PROVIDINGASAVINGCLAUSE, AGENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Commission will conduct two (2) Public Hearings for the purpose. of accepting public testimony regarding the proposed, ordinance. The first Public Hearing will be held on TUESDAY, JULY 21, 2009 AT x':00 F.M. in the Commis- sion Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If the proposed ordinance is passed on first reading, a second Public Hearing will be held on TUES- DAY, AUGUST 4. 2009 AT 7:00 P.M. (or at any continua- tion ofsuch meeting which is set by the Commission) in the Commission Chambers at City Ha11,100 N.W. 1st Avenue, Delray Beach, Florida. All iriterested cit'izeris are invited to attend the public hearings and comment upon the proposed ordinance or submit their comments iri writing on or before the date of these hearings to the Planning and Zoning Department. For further information or to obtain a copy of the proposed ordinance, pleasa contact the Planning and Zoning Depart- ment, City Hall; 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (email at pzmail@mydelraybeach.com) or by call'mg 5611243-7040), tietween.the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. Please tie: advised that'if a person decides to appeal any decision made by the City Commissiori'with respect to any matter considered at.these. hearings,: such person may need to ensure that a verbatim ` record includes; the testlmoriy arid`.evldence upon which the: appeal is to be based. ` `f fie Cify does not provide riiir prepare siict record pursuant to.F.S. 286:0105..; ,::: CITY OF DELRAY BEACH ` Chevelle D. Nubin, CMG.::' . , . ` City Clerk., .,....'::..: .:.`.:..:::::.`; .:..: , .:".`. .. . PUBLISH:: Tuesday; July 14; 2009::.;.`` `' ; ., .. `.TltUrsday, July 30; 2009'. ::::. Delray Beacril8oca Raton News `;; : ' '