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Ord 39-09ORDINANCE NO.39-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CI'T'Y OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.3,4, "BASE DISTRICT DEVELOPMENT STANDARDS", SUBSECTION {H}(6}, "SPECIAL SETBACKS" TO MODIFY THE A4REA WHERE THE THIRTY FOOT SPECIAL COMBINATION SETBACK MUST BE PROVIDED; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. UIHEREAS, pursuant to LDR Section 1,1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on August 17, 2009 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 adapts the findings in the Planning and Zoning Staff Report; and ~THEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with 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 4.3.4, "Base District Development Standards", Subsection {H}, "Setbacks", Sub-subsection {6}, "Special Setbacks", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: {6) Special Setbacks: Three types of special setbacks are established in order to provide for preservation of area for expansion of roadways and/or streetscape beautification. These are: special building setbacks, special landscape setbacks, and a combination thereof. (a} St~ecial Building Setbacks: Within the fallowing special building setbacks, no structures shall be altered, erected, ar reconstructed: * Along Ocean Boulevard {State Road AlA), a twenty foot {20} setback shall be provided from the "Brockway Line," as shown in Plat Book Z0, Page 4, Public Records of Palm Beach County, Florida. The "Brockway Line" shall be the "building line" for Lots 1 thru 7 inclusive, Block 1, Ocean Park, as shown in Plat Book 5, Page 15, Public Records ofPalm Beach County, Florida. Within the residential district along the west side of S.W. 8th Avenue, between West Atlantic Avenue and S.W. 1st Street, a fifty foot {54'~ setback shall be provided from the east property line. * Along Lake Ida Raad extending from Swintan Avenue westward to Military Trail, a sixty four foot {64') setback shall be provided on both sides of the centerline. Along Gear~e Bush Baujevard, between Swintan Avenue and A-1-A, a fifty foot {54') setback shall be provided on both sides of the centerline. {b) Special Landscape Setbacks: Within the following special landscape setbacks, no structures shall be altered, erected, or reconstructed; nor shall any paving be allowed except for driveways and sidewalks which lead to structures on, or provide access to, the site and then only when generally perpendicular to the frontage. However, waivers may be granted to these restrictions at the time of site plan review in order to accommodate landscape features, decorative walls, meandering sidewalks, and other decorative pedestrian ways. 1. Along Federal Hishway {U.S. fIighway 1), including the one way pairs (St" and 6tn Avenues), extending from the south City limits to S.E. 14th Street, special landscape areas shall be provided as shown below on both sides of the ultimate right-of-way: LOT DEPTH SINGLE FRONTAGE DOUBLE FRONTAGE U to 244' 14' 14' 241 to 254' 15' 14' 251 to 344' 24' 15' Over 344' 25' 24' * Includes frontage on both Federal Highway and Dixie Highway 2. Along Federal Hi~hway {U.S. Hihway 1 }, including the one-way pairs {5th and 6th Avenues), extending from S.E. 14t Street to the north City limits, but excluding the blocks between S.E. 1St Street and N.E. 1St Street, a 14 foot {10'} special landscape area shall be provided on both side of the ultimate right-of--way. The special landscape area shall not be required between the front building edge and the ultimate right-of--way where storefronts face the roadway and no parking or vehicular circulation areas are provided between the building and the right-of--way. 2 ORD. NO.39-09 However, the body acting upon the development application may require that foundation plantings, street trees or other landscape features be installed in front of the building to add interest and provide relief from the building mass. 3. Along West Atlantic Avenue, From I-95 to the Western City Limits, a special landscape area shall be provided an both sides of the ultimate right-of--way. This landscape area shall be the smaller distance of either thirty feet (34'} or 14°lo of the average depth of the property; however, in na case shall the landscape area be less than ten feet (14'}. 4, Along Linton Boulevard, from A-1-A to the western City limits, a special landscape area shall be provided. This landscape area shall be the smaller distance of either 34' or 10°!° of the average depth of the property; however, in na case shall the landscape area be less than ten feet (14'}: 5. Along Congress Avenue, from the L-38 Canal northward to the L-30 Canal, a special landscape area shall be provided. This landscape area shall be the smaller distance of either 34` ar 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet (14'}. 6. Along Military Trail, from the L-38 Canal northward to the L-34 Canal, a special landscape area shall be provided. This landscape area shall be the smaller distance of either 34' ar 14% of the average depth of the property; however, in na case sha11 the landscape area be less than ten feet (10'}. (c} Combination Building and Landscaue Setbacks: Within the fallowing special setbacks, no structures sha11 be altered, erected, ar reconstructed. Further, within the first ten feet (14'} thereof there shall be no paving except for driveways and sidewalks which lead to structures on, or provide access to, the site and then only when generally perpendicular to the frontage. Along South 10th Street and Lowson Boulevard, extending from S.E, ~~' Sty' Avenue to Military Trail, a thirty foot (34'} special combination setback sha11 be provided. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward 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. 3 (JRD. NC). 39-49 Section 4. That ail ordinances ar parts of ordinances in conflict herewith be, and the same are hereby repealed. Section S. That this ordinance shall became effective immediately upon its passage an second and final reading. , PASSED AND ADOPTED in regular session on s and and final read' g on this the day of ~~~~~~.___, 2009. ATTEST MAY O City Clerk First Reading ` Second Reading 4 ORD. NO. 39-09 Page 1 of 1 ~EMORAIYDUM TO: Mayor and City Commissioners FRAM: David T. Harden, City Manager DATE: September 11, 2009 SUBJECT: AGENDA ITEM 10.J. -REGULAR COMMISSION MEETING OF SEPTEMBER 22, 2009 ORDINANCE N0.39-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider aprivately-initiated amendment to Land Development Regulations (LDR} Section 4.3.4., "Base District Development Standards", Subsection (H}(6}, "Special Setbacks", to modify the area where the thirty-foot special combination setback must be provided. BACKGROUND At the first reading on September 10, 2009, the Commission passed Ordinance No. 39-09. RECOMMENDATION Recommend approval of Ordinance No. 39-09 on second and final reading. http:llmiweb001/AgendaslBluesheet.aspx?ItemID=2603&MeetingID=218 9123/2009 ORDINANCE N0.39-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.3.4, "BASE DISTRICT DEVELOPMENT STANDARDS", SUBSECTION {H){6), "SPECIAL SETBACKS" TO MODIFY THE AREA WHERE THE THIRTY FOOT SPECIAL COMBINATION SETBACK MUST BE PROVIDED; 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 August 17, 2449 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. 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 4.3.4, "Base District Development Standards", Subsection {H}, "Setbacks", Sub-subsection {6}, "Special Setbacks", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: {6) Special Setbacks: Three types of special setbacks are established in order to provide for preservation of area for expansion of roadways andlor streetscape beautification. These are: special building setbacks, special landscape setbacks, and a combination thereof. {a) Special Building Setbacks: Within the following special building setbacks, no structures shall be altered, erected, or reconstructed: * Along Ocean Boulevard (State Road A]A}, a twenty foot (20} setback shall be provided from the "Brockway Line," as shown in Plat Book 20, Page 4, Public Records of Palm Beach County, Florida. The "Brockway Line" shall be the "building line" for Lots ] thru 7 inclusive, Block 1, Ocean Park, as shown in Plat Book 5, Page ] 5, Public Records of Palm Beach County, Florida. * Within the residential district along the west side of S.W. 8th Avenue, between West Atlantic Avenue and S.W. 1st Street, a fifty foot (50') setback shall be provided from the east property line. * Along Lake Ida Raad extending from Swinton Avenne westward to Mi]itary Trail, a sixty four foot (64'} setback shall be provided on both sides ofthe centerline. * Along George Bush Boulevard, between Swinton Avenue and A-1-A, a fifty foot (50"} setback shall be provided on both sides of the centerline. {b) Special Landscape Setbacks: Within the following special landscape setbacks, no structures shall be altered, erected, or reconstructed; nor shall any paving be allowed except for driveways and sidewalks which lead to structures on, or provide access to, the site and then only when generally perpendicular to the frontage. However, waivers may be granted to these restrictions at the time of site plan review in order to accommodate landscape features, decorative walls, meandering sidewalks, and other decorative pedestrian ways. 1. Along Federal Hi~hway (ll.S. Highway ] ), including the one way pairs {5`" and 6`" Avenues), extending from the south City limits to S.E. 10`h Street, special landscape areas shall be provided as shown below an both sides ofthe ultimate right-of--way: LOT DEPTH SINGLE FRONTAGE DOUBLE FRONTAGE U to 240' l 0' 1 ~' 201 to 250' I S' 10' 251 to 300' 20' 15' Over 300' 25' 20' * Includes frontage on both Federal Highway and Dixie Highway 2. Along Federal Hi~hway (U,S. Hi~hway ]}, including the one-way pairs (5~' and 6~' Avenues), extending from S.E. 10` Street to the north City limits, but excluding the 2 ORD. NO.39-09 blacks between S.E. 1st Street and N,E. 1st Street, a 14 faat (I Q'} special landscape area shall be provided an both side of the ultimate right-of--way. The special landscape area shall not be required between the front building edge and the ultimate right-of--way where storefronts face the roadway and no parking or vehicular circulation areas are provided between the building and the right-of--way. However, the body acting upon the development application may require that foundation plantings, street trees or other landscape features be installed in front of the building to add interest and provide relief from the building mass. 3. Along West Atlantic Avenue From I-95 to the Western City Limits, a special landscape area shall be provided an bath sides of the ultimate right-of--way. This landscape area shall be the smaller distance of either thirty feet (34'} or 14°!° of the average depth of the property; however, in no case shall the landscape area be less than ten feet (14'}. 4. Along Linton Boulevard, from A-1-A to the western City limits, a special ]andscape area shat] be pravided. This landscape area shat] be the smaller distance of either 30' ar 14% of the average depth of the property; however, in na case shall the landscape area be less than ten feet {14'}: 5. Along Congress Avenue, from the L-38 Canal northward to the L-34 Canal, a special landscape area shall be provided. This landscape area shall be the smaller distance of either 34' ar 14°l0 of the average depth of the property; however, in no case shall the landscape area be less than ten feet (14'}. fi. Along Miiitarv Trail, from the L-38 Canal northward to the L-34 Cana], a special landscape area shall be provided. This landscape area shall be the smaller distance of either 34' ar 14°l° of the average depth of the property; however, in na case shall the landscape area be less than ten feet (14'}. (c} Combination Building and Landscape Setbacks: Within the fallowing special setbacks, no structures steal) be altered, erected, or reconstructed. Further, within the first ten feet { 14'} thereof there shall be no paving except far driveways and sidewalks which lead to structures on, ar provide access to, the site and then only when generally perpendicular to the frontage. * Along South 1Qth Street and Lawson Boulevard, extending from S.E. ~~ 5th Avenue to Military Trail, a thirty foot (34') special combination setback shall be pravided. 3 URD. NQ. 39-49 Section 3. That should any section ar 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 sha11 not affect the validity of the remainder hereof as a whole 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. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session an second and final reading an this the day of , 2009. ATTEST MAYO R City Clerk First Reading Second Reading 4 {ORD. NC7.39-09 Page 1 of 2 MEMQ~~ANDLTM TO: Mayor and City Commissioners FROM: Scott Pape, AICP, Senior Planner Paul Dorling ,AICP, Director of Planning and Zoning THROUGH: City Manager DATE: August 24, 2009 SUBJECT: AGENDA ITEM 12.A, - REGULAR COMMISSION MEETING OF SEPTEMBER 10 2009 ORDINANCE NO.39~-09 ITEM BEFORE CQMMISSIC?N The item before the City Commission is that of approval of a privately initiated text amendment to LDR Section 4.3.4{H}{6}{c} [Combination Building and Landscape Setbacks]. The amendment is to modify the boundaries of the area subject to this special building and landscape setback requirement. The existing boundaries are along South 10th Street and Lawson Boulevard, extending from SE 6th Avenue (northbound Federal Highway} to Military Trail. It is noted that properties within this area are required to provide a 30-foot setback for strictures. Further, within the first 10 feet a special landscape area must be provided that excludes paving except far driveways and sidewalks that lead to strictures an the property. BACKGR{?UNIJ- The applicant has submitted a site plan application to build a bank with drive through facilities at the northeast corner of SE 5th Avenue and SE 10th Street. During the site plan review process it was identified that the proposed bank encroached into the 30-font building (combination} setback. While the required 10' minimum landscape setback was provided the stricture was proposed at a 14' setback line. In order to allow the proposed placement of the bank in the desired location, the developer has submitted the Land Development Regulation text amendment to modify the applicable regulations. The fallowing is a verbatim excerpt from a justification narrative submitted by the applicant: "...Although the LDR s require the 30 foot setback noted above from S.E. 6th Avenue west to Military Trail, the existing property configuration in this area will preclude application of this 30 foot setback to the property immediately east of the Property that is currently developed with a small commercial paint store. Fr~r vne, this adjacent property is a small parcel (82' x 122) developed only with the existing building and minimal landscaping, all cif which front directly on S.E, dth Avenue and S.E. IDt~ Street. In addition, this adjacent property can only be accessed internal to the site and only has ownership aver http:llmiweb001lAgendaslBluesheet.aspx?ItemID=2518&MeetingID-217 9!11!2009 Page 2 of 2 four parking spaces {although access and parking are otherwise accommodated through cross-access and parking agreements with adjacent parcels. ~4pplication of the currently required 30 foot setback would render the adjacent parcel unbuildable, as it would reduce the overall width of the site from $2 feet to 52 feet without taking any other required setbacks or additional development regulations into consideration.,. " While this method of achieving compliance with the code (modifying the LDRs) is neither encouraged nor normally supported, in this particular case it appears to have merit. More recently, with new development between SW Sth Avenue and SW 6th Avenue south of Atlantic Avenue, staff has encouraged moving buildings up to the street and placing the parking to the rear. It would appear that this parcel should more appropriately be developed along this concept rather than one which provides greater setbacks applicable to a development concept envisioned for SW 10th Street going west to Military Trail. In addition, the 30-foot special building setback has an adverse impact on the existing Sherwin Williams property given the relatively shallow parcel depth ~S2 feet). This setback reduces the future redevelopment area of this property to S2 feet deep {30' side street, 0' side setback). It is noted that the proposed text amendment would result in a side street setback of 10 feet for the subject properties. This setback will be consistent with the 10-foot setbacks for GC (General Commercial) zoned properties located north of this site between the Federal Highway pairs. Consequently, this modification would result in a development pattern that is consistent with the other properties along Federal Highway. Further, one of the primary goals of the special combination 30' setback for SW 10th StreetlL,owson Boulevard was to assure that structures were appropriately set back to minimize impacts should fixture expansion of SW 10th Street be necessary. SW loth Street has been improved east of Congress Avenue and no further expansions are currently contemplated. Further, redevelopment of SW 10th Streetll,owson Boulevard is limited to 80' 4-lanes, east of Congress and also limited to a 2 lane facility by Transportation Policy A.7.2 west of Congress Avenue. Given the above this modification can be supported. REVIEW BY OTHERS The Planning and Zoning Board considered this text amendment to the Land Development Regulations at their August 17, 2009 meeting and unanimously recommended approval. REC(}MMENDATIC)N By motion, approve on first reading the Ordinance to amend LDR Section 4.3.4(H)(6)(c) to relocate the eastern boundary of the Combined Building and Landscape setback requirement from SE 6th Avenue to SE 5th Avenue, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5{M}(S), with second reading to occur on September 22, 2009. http:l/miweb001lAgendas/Bluesheet.aspx?ItemID=2S 18&MeetingID=217 9/1112009 ~EGEL. j.-,1PMAN, ~llNAY, ,jHEPAfLD ~~~ ~1[1SICEi., l.l.P GARY S. Dt}NAY THE PLAZA • ~tlrrE 801 15134} 3E38_7'700 KENNETH w. t_IPMAN 5355 TOWN CENTER ROAD FAX: {gg I) ,3F36-g2~s4 0oNN4E MISitEL BOCA RAT{3N, FLORIDA 334813 JONATHAN L. SHEPARD wWW.SLDSMt.AwCOM CARL. E. SIEGEL SCOTT +3ACKMAN LINDA 8. LYMAN July 15, 2Q{}9 Mr. Paul Darling Planning & caning Director City of 13elray Beach 1Qtl N.W. 1st Avenue Delray Beach, FL 3344 Re: TD Bank located ai 963 S.E 5~' Avenue f "Property~~ Dear Paul: As you know, TD Bank, N.A. ("Bank"} has submitted development applications and plans to the City proposing to redevelop the Praperty with a 3,96Q square fact bank that includes a three land remote drive thru facility. The Property is iacated between the northbound and southbound lanes of Federal Highway in an area of the City that has seen an increased volume of redevelopment during the last several years. Prior to submitting development plans far the Praperty, the Bank attended pre-application meetings with City staff to discuss an acceptable site design for the proposed bank building. The Bank's initial proposal for the Praperty located the bank building central to the site with vehicular circulation and parking an all four sides of the proposed building. However, considering the recent redevelopment pattern in the vicinity of the Praperty, the Bank received direction from the City to relocate the bank building so that it fronts directly on both S,E. S"' Avenue and S.E. 1Q"' Street. Indeed, an the very same black as the Property, both the northeast and northwest carnets have recently been redeveloped with financial institutial~s and office buildings that (rant directly on the adjacent rights-of-way. In addition, the existing commercial building iacated east of the Praperty an the same city block fronts directly an the adjacent rights-af-way. As a result of this pre-application meeting the Bank redesigned the Property to a more urban setting with the bank building iacated an the street and a proposed three Lane remote drive thru. The City's Land Development Regulations, however, currently require a 30-fast setback from S.E. 10"' Street that precludes the Bank from locating the bank building in the desired location. In conjunction with the Bank's redevelopment at the Property, please accept this letter as a formal request to amend the text of Section ~i.3.4{ti)(b){c} of the City's Land Development Regulations as follows (the proposed amended LDR Section is shown below in s~Jl~~ug# and underline format}: secrton 4.3.4fNlf~tftl Combination Buildln4~ and landscape Setbacks: Within the following special setbacks, no structures shall be altered, erected, or ,r : ........................ ~. ,{ :,~ : F. .. reconstructed. Further, within the first ten feet {1tY} thereof there shall be na paving except far driveways and sidewalks which lead to structures an, or prov#de access to, the site and then only when generally perpendicular to the frontage. Along South 10th Street and Lawson Boulevard, extending from SE &~' S`h Avenue to Military Trail, a thirty foot {30'} special combination setback shall be prov#ded, Although the LQR's require the 30 foot setback noted above from S.E. 6th Avenue west to Military Trail, the existing property configuration in this area wi11 preclude application of this 30 foot setback to the property immediately east of the Property that is currently development with a sma11 commercial paint store. For one, this adjacent property is a small parcel ($2' x 122'} developed only with the existing building and minima! landscaping, all of which front directly on S.E. 6th Avenue and S.E. 10th Street. In addition, this adjacent property can only be accessed internal to the site and only has ownership aver four parking spaces {although access and parking are otherwise accommodated through cross-access and parking agreements with adjacent parcels}, Application of the currently required 30 foot setback would render the adjacent parcel unbuildable, as it would reduce the overall width of the site from 82 feet to 52 feet without taking any other required setbacks or additional development regulations into consideration. It is Important to this request that the City has already determined that the 30 feet is not necessary for right-of-way expansion along S.E. 10t~' Street. In addition, the proposed development plans far the Property have been designed to accommodate pedestrian connectivity throughout the Property and adjacent s#tes north and south of Federal Highway, The landscaping plans have also been designed consistent with the existing landscaping pattern along Federal Highway. As a result of the foregoing, this request is in harmony with the goals of the City and the existing development pattern along S.E. St" Avenue and S.E. 6ei Avenue. The City has an established urban development pattern in this area of the City and this proposed text amendment simply relocates the 30 foot landscape buffer requirement one block west. Fallowing your review of the foregoing, please initiate the review process to place this request on an upcoming City Commission agenda for consideration. in the event you have any questions or require additional information regarding this request, please da not hesitate to contact me at (561} 23?-1537. Sincere l3ackman, Esq. p~Af~Nlf~~ AtVD O !NG'BOARDiM~ME~RAN`[~UM $TdiF'F!R~~PORT __~,~ 5 ~ MEETING DATE: AUGUST 17, 2009 AGENDA NO,: tV.A, AGENDA ITEM: PRIVATEt_Y INITIATED AMENDMENT To LAND DEVELOPMENT REGULATION (LDR} SECTION 4,3.4(H}{6)(c} [COMBINATION BUILDING AND LANDSCAPE SETBACKS] TO MOdIFY THE BOUNDARIES OF THE AREA SUBJECT TO THIS SPECIAL SETBACK REQUIREMENT. __ ~- _: it~c~~I t3~~~~~ T~~ goA~o~ f The item before the Board is that of making a recommendation to the City Commission regarding a privately initiated text amendment #o LDR Section 4.3.4(H}(6}(c~ [Combination Bui{ding and Landscape Setbacks]. The amendment is to modify the boundaries of the area subject to this special setback requirement. The existing boundaries are along South 10~` Street and Lawson Boulevard, extending from SE Otn Avenue (northbound Federal Nighway} to Military Trail. It is noted that properties within this area are required to provide a 30-foot setback for structures. Further, within the first 10 feet a special landscape area must be provided that excludes paving except far driveways and sidewalks that lead to structures on the property. 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, ~:. _.. ~ACKGRQUND ,,aM The applicant has submitted a site plan application to build a bank with drive through facilities at the northeast carnet of SE 5th Avenue and SE 10`h Street. During the site plan review process it was identified that the proposed bank encroached into the 30-foot building {combination} setback. While the required 10' minimum landscape setback was provided the structure was proposed at a 14' setback line. In order to allow the proposed placement of the bank in the desired location, the developer has submitted the Land Development Regulation text amendment to modify the applicable regulations. Pursuant to LDR Section 2.4.5(M}(1}, amendments to the Land Development Regulations may be initiated by the City Commission, Planning and Zoning Board or City Administration; ar an individual may request an amendment. The proposed amendment is a privately initiated text amendment to the Land Development Regulations that would apply to three parcels including the Walgreen's property on the south side of SE 10th Street, the Sherwin Williams stare property at the northwest carnet of SE 6~' Avenue and SE 10~' Street, and the bank site noted above. LIAR TEXTA' ~~f ,Ili' .:; :., IVI R ENT'ANALYSES . ~. ,.. The following is a verbatim excerpt from a justification narrative submitted by the applicant: Planning and Zoning 6aard Staff Report, August 17, 2QQ9 LC}R Text Amendment -Combination Building and Landscape Setbacks "...Although the L©l?'s require fhe 3+7 foot setback noted above from S,E, 5rn Avenue West to Military Trail, the existing property configuration in this area will preclude application of this 3t1 foot setback to the properfy r'mmediately east of fhe Property that is currently development with a small commercr"al paint stare. For one, this adjacent property is a small parcel (82' x 122') devela~ed only with the existing building and minimal landscaping, all of which front directly on S.E. 6 Avenue and S.E. 1t?~'` Sfreef. !n addition, Phis adjacent property can only be accessed internal fo the sife and only has ownership over four parking spaces (although access and parking are otherwise accommodated Through cross-access and parking agreements with adjacent parcels), Application of the currently required 3t? foot sefback would render the adjacent parcel unbuildable, as it would reduce the overall width of the sife from 82 feet fo 52 feet without taking any other required setbacks or additional development regulations into consideration..." While this method of achieving compliance with the code (modifying the LDRs} is neither encouraged nor normally supported, in this particular case it appears to have merit, Mare recently, with new development between SW 5'h Avenue and SW Stn Avenue south of Atlantic Avenue, staff has encouraged moving buildings up to the street and placing the parking to the rear. It would appear that this parse! should more appropriately be developed along this development theme rather than one which provides greater setbacks applicable to a development theme envisioned for SW 1fl~' Street going west to Military Trail. In addition, the 3(}-foot special building setback has an adverse impact an the existing Sherwin Williams property given the relatively shallow parcel depth (82 feet}. This setback reduces the future redevelopment area of this property to a2 feet deep (30' side street, t)' side setback}, It is noted that the proposed text amendment would result in a side street setback of 1 p feet far the subject properties. This setback wi[I be consistent with the 1 fl-foot setbacks for GC (General Commercial} zoned properties located north of this site between the Federal Highway pairs. Consequently, this modification would result in a development pattern that is consistent with the other properties along Federal Highway. Further, one of the primary goals of the special combination 30' setback for SW 10~n StreetlLowsan Boulevard was to assure that structures were appropriately setback to minimize impacts should future expansion of SW 10~' Street be necessary. SW 1fl~h Street has been improved east of Congress Avenue and na further expansions are currently contemplated. Further, redevelopment of SW 10~" Street/Lawson Boulevard is limited to 80' 4-lanes, east of Congress and also limited to a 2 lane facility by Transportation Policy A.7.2 west of Congress Avenue. Given the above this modification can be supported. L©R Section 2.4.5{Ma(51 {Findin~sl: Pursuant to L.DR Section 2.4.5(N#}(5} (Findings}, in addition to LDR Section '1.1.6{A}, the City Commission must make a bnding that the tent amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Comprehensive Ptan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and there are na applicable goals, objectives or policies Hated. While the amendment does not specifically further the Goals, Qbjectives, and Policies of the Comprehensive Plan, it is not inconsistent with them, 2 Planning and Zoning Board Staff Report, August 17, 20fl9 LDR Text Amendment -Combination Building and Landscape Setbacks ___ - _ ~ _ - ~~~: -. ~ RfsVIE1J'V'BY b'1't=1 R~S ~ ~~_ . ___ The proposed text amendment was not reviewed by the GRA {Gommunity Redevelopment Agency) or DDA (Downtown Development Authority}. Further, special courtesy notices were not transmitted to homeowner or civic associations given the specific nature of the proposed text amendment. Letters of abjection and support, if any, will be presented at the Planning and Zoning Board meeting. ~. ..._ _~_ ~: ASSES$IVt~N'C_ANt~CC~~~~~~tC~N-- ,,_._~ -e The proposed text amendment relocates the eastern boundary of the combination building and landscape setback area Pram SE 6"' Avenue to SE 5t'' Avenue. The special setbacks have an adverse impact on the Sherwin Williams property and are not consistent with the neo-traditional design that is desired in the downtown and that has been promoted on properties immediately to the north. A positive finding can be made with respect to LDR Section 2.4.5(M){5}. _. q'~.Tt~RNAYlV1T~~AC710N$ _~.. s.. _ A. Postpone with direction. B. Move a recommendation of approval to the City Commission far the text amendment to LDR Section 4.3.4(H}(6}(c} to relocate the eastern boundary of the Combined Building and Landscape setback requirement from SE 6"' Avenue to SE 5"' Avenue, by adopting the findings of fact and law contained in the Staff Report 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). C. Move a recommendation of denial to the City Commission for the text amendment to LDR Section 4.3.4{H}(6}{c} to relocate the eastem boundary of the Combined Building and Landscape setback requirement from SE 6"' Avenue to SE 5th Avenue, based on a failure to make positive findings of fact and law contained in the Staff Report and finding that the request is inconsistent with the Comprehensive Plan and does meets the criteria set forth in LDR Section 2.4.5(M)(5). Move a recommendation of approval to the City Commission for the text amendment to LDR Section 4.3.4{N}(6}{c} to relocate the eastern boundary of the Combined Building and Landscape setback requirement from SE 6~' Avenue to SE 5th Avenue, by adopting the findings of fact and law contained in the Staff Report 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: • Proposed Qrdinance • Applicant's Justification Statement • Location Map 3 S.E. 8TH ST. S.E. > ~ ~--~ ~ {r ~ <C a ~ = ~- ~ ~- S. E . 9TH ~i ~i , cfi tri (!; S.E. 1(~TN ST, ~ I ) S T. ST. ~~ s.~.ar~ r r S.E. 9TH ST t,_i vi -~ u y^~4 -~.~.,r.- SU83£CT PROPERTY SOUTH 1 t}TH STREET ® -= P~Ar~t~ir~c nr~o zot~iNC DEPARTA4ENT LflCAT1C?N MAP -- tMC/IAL @4S£ MkF SYST£'M __ MPP RFf: U.\AWoCat\Atark\Sovih 14th Street