Loading...
Ord 41-09ORDINANCE N0.41-09 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 4.4,9{G), "SUPPLEMENTAL DISTRICT REGULATIONS", SUBSECTION {3}, "FOUR CORNERS OVERLAY DISTRICT", SUB-SUBSECTION (E}, "STANDARDS UNIQUE TO THE FOUR CORNERS OVERLAY DISTRICT", TO PROVIDE TLIAT CERTAIN AREAS ARE ELIGIBLE TO BE COUNTED TOWARD THE OPEN SPACE CREDIT; 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 September 21, 2009 and voted 7 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 4,4,9{G), "Supplemental District Regulations", Subsection {3}, "Four Corners Overlay District", Sub-Subsection (e), "Standards Unique to the Four Corners Overlay District", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: {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: 1. Lot Coverage & Open Space: a. Land area equal to at least 25°l0 of the individual Four Corners Overlay District Master Development Plan {MDP} including the perimeter landscaped boundary, shall be in open space. ~e~ite~3e~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 4,00 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 Careers Overlay development. 3. Office and Commercial Floor Heights shall be a tnir~imum of twelve feet {12'} floor to floor on the fast floor and ten {10'} floor to floor on all floors above. Residential uses shaIl have a minimum nine feet {9'} floor to floor on all floors. Hotel, motel and residential all suite lodging shall have a minunum of eight feet six inches {8' ~"} 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 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 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. 2 ORD. NO. 41-09 ~~S('1~ PASSE A,N~D DOPTED in regular session on second and final reading on this the CCVV day o£-~__~~. , X009. ATTEST City Clerk First Readin ~~ Second Readin ~d 1~., ORD. NO. 41-09 ORDINANCE N0.41-09 AN ORDINANCE OF THE CITY COR~SSION OF THE CITY OF DELRAY BEACH, FLORIDA, A~Iv1ENL7ING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.4,9{G), "SUPPLEII~NTAL DISTRICT' REGULATIONS"`, SUBSECTION {3), "FOUR COI~1`~TERS OVERLAY DISTRICT", SUB-SUBSECTION {E), "STANDARDS UNIQUE TO THE FOUR COI~S~ERB OVERLAY DISTRICT"`, TO PROVIDE THAT CERTAIN AREAS A~ItE ELIGIBLE TO BE COL1N`I'ED TOWARD THE OPEN SPACE CREDIT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Pl~rr~rring and Zoning Baarcl reviewed the proposed text ai~nendrnent at a public hea~cing held on September 21, 2009 and voted 7 to 0 to r+ecammend that the changes be approved; and ~TI~.EREAS, pursuant to Florida Statute 163.3174{4){c), the PI~Er~rring and Zoning Board, sitting as the Local Pl~~rrrong Agency, leas cletemuned that the change is consistent with and f~zrthers the goals, objectives and policies of the Comprehensive Plan; and WI~-~REALS, the City Carrrmission of the City of Delray Beach adapts the findings in the Pli~nning and Zoning Staff Report; and U~~REAS, the City Cammissian of the City of Delray Beach finds the orr~inance is carrsistent with the Can~arehensive Plan NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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{G), "Supplemental District Regulations", Subsection {3), "Faun Comers Overlay District", Sub-S~tion {e), "Standards Unique to the Four Comers Overlay District", of the Land Development Re~~r-alations of the City of Delray Beach, Florida, be and the Barrie is hereby amenc~d to read as follows: {e) Standards Unique to the Faur Comers Overlay District® `Where standards unique to the Four Comers Overlay District conflict with standards contained els~~vhere in the zoning, subdivision, and landscape codes, the standa~=~ of this Subsection shall ~l~lY 1. Lot Coverage & Open Space: a. Land area equal to at least 25°I° of the individual Four Comers Overlay District Master Development Plan (MDP} including the p~irrteter landscaped boundary, shall. be in open space. ~ _ater bodies and paved areas shall not be included in the me~'ting of this 25% open space requiren~nt. 2. lb~inirrtum Structure Size: Any freo-standirig non residential principal structure shall have a rnir~ floor a7~ea 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 Comers Overlay developrr~nt. 3. Office and Commercial. Floor I3eights shall be a minimum of i~~1ve 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, re5traarr~s, closets, laundry moms, dt~ssiz~g rooms, storage rooms, mechanical, electrical, and plumbing equipment roon~.s are exempted from the floor height tr~;ulations. Section ~. T`hat should any section or provision of this ar<~inar~ce or any portion thereof, any paragraph, sentence, or wvn~ be c~Cl<~red 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 theaaeof other than the part declared to be invalid Section 4. That all orc finances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 5. That this ordinance shall became effective immediately upon its passage on second and final reading 2 ORD. N0.41-09 PASSED A.,l\1D ADOT'TED in n~;u]ar session on second and final reading on this the day of 2009. ATTEST City Clerk First Reading Second Reading MAYOR ~ ORD, NO.41-09 Page 1 of 2 ME~C)RANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Asst. Director Planning and Zoning Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: September 30, 2009 SUBJECT: AGENDA ITEM 10 B -REGULAR COMMISSION MEETING OF OCTOBER 6 2009 ORDINANCE NO 41-09 (FIRST READINGtFIRST PUBLIC HEARINGI ITEM BEFORE COMMISSION Consideration of achy-initiated amendment to Land Development Regulations (LDRs} that will allow required parking lot landscape areas to be counted toward meeting the minimum open space requirements of the Four Corners Overlay District. BACKGROUND The Four Corners Overlay District is located at the intersection of West Atlantic Avenue and Military Trail. It was created by the City Commission with the adoption of Ordinance No. 08-07 on March 20, 2007. One of the standards unique to the Four Comers Overlay District is that the minimum required open space measurement of 25% be achieved over and above landscape areas that are required to meet internal parking lot design requirements. It should be noted that this is the only area of the city where the Land Development Regulations do not a11ow parking lot landscape areas to be applied to the minimum open space requirement. When the guidelines were formulated to govern redevelopment of the Four Corners Overlay District, increases in commercial intensities, residential densities, and increases to the maximum allowed height were discussed, Comprehensive Plan and Land Development Regulations amendments were then processed to allow implementation of the vision, which anticipated that structured parking would be necessary to reach the desired development intensities. Because future redevelopment in this area envisioned such structured parking, allowing credit for areas devoted to landscape islands in surface parking lots did not seem realistic. Current redevelopment proposals in the Four Corners Overlay District, however, are not reflective of the ultimate intensity of development envisioned. While redevelopment projects are being presented that include additional floor area to allow for new businesses, and also include substantial upgrades to the existing building facades as well as parking lot and landscape improvements, these interim/transitional types of redevelopment (as opposed to full intensity redevelopment) were not http:llmiweb00 llAgendaslBluesheet.aspx?1temID=2616&MeetinglD=220 1011312009 Page 2 of 2 initially envisioned when the Four Corners Overlay District was designed. These transitional-type projects are unfairly penalized under the current regulations which do not allow landscape islands to be credited toward the minimum 25°!° open space requirement as they are elsewhere in the City. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on September 21, 2009. The Board unanimously recommended approval an a 7 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, recommend approval on first reading of Ordinance No. 41-09 for 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. http://miweb001 /Agendas181uesheet.aspx?ItemID=2686&MeetinglD=220 10113/2009 PLANNING: AND ZONING BOARD STAFF REPORT MEETING DATE: SEPTEMBER 21, 2009 AGENDA NO: IV.A. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION SECTION 4.4.9(G), "SUPPLEMENTAL DISTRICT REGULATIONS", SUBSECTION (3), "FOUR CORNERS OVERLAY DISTRICT", SUB- SUBSECTION (E), "STANDARDS UNIQUE TO THE FOUR CORNERS OVERLAY DISTRICT", TO PROVIDE THAT CERTAIN AREAS ARE ELIGIBLE TO BE COUNTED TOWARD THE OPEN SPACE REQUIREMENT. ITEM~BEFORE THE~~~BOARD' ~ ,~ The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) that will allow required parking lot landscape areas to be counted in meeting the minimum open space requirement of the Four Corners Overlay District. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. F~ ~~ ~ BA"CKGROUNDIANALYSIS This proposed amendment was previously reviewed and considered by the Planning and Zoning Board at their regular meeting on August 17, 2009. The Board voted unanimously to table the item to their September meeting. Concern was raised over not allowing "water bodies" to be included in the areas that could be applied to satisfy minimum open space requirements. The Board directed staff to determine if this was consistent elsewhere in the City. Staff has reviewed the definition of open space, and has determined that it does not allow "water bodies" to be applied to satisfy the minimum open space requirement. Following is the definition of Open Space as defined in Appendix A of the Land Development Regulations: All areas of natural plant communities or areas replanted with vegetation after construction, such as: revegetated natural areas; tree, shrub, hedge or ground cover planting areas; and lawns. Water bodies cannot be used to calculate open space areas (emphasis added). Water bodies are not allowed to be applied toward the minimum open space requirement anywhere in the City. However, as previously noted in the staff report on August 17, 2009, in all other areas of the city, open space calculations do allow the counting of internal parking lot landscape islands. Given the above, it would appear appropriate to allow the counting of parking lot landscaping, and not add water bodies to open space calculations to maintain overall consistency. Planning and Zoning Board Meeting, September 21, 2009 LDR Amendment - Faur Corners Open Space ~, mN F ~ REQUIRED,FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the Gity Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A thorough review of the Comprehensive Plan was conducted and while there are no specific sections to which this amendment would be found consistent, the amendment is not inconsistent with the Comprehensive Plan. REVIEW BY OTHERS ,, :. , ;,,m, Courfesy Nofices Courtesy natives were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of abjection and support, if any, will be provided at the Planning and Zoning Board meeting. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 4.4.9(G}, "Supplemental district Regulations", Subsection {E}, "Standards Unique to the Four Corners Overlay District", to allow landscaping within parking lots to be counted toward meeting the minimum open space requirement, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 4.4.9(G}, "Supplemental District Regulations", Subsection (E}, "Standards Unique to the Four Corners Overlay District", to allow landscaping within parking lots to be counted toward meeting the minimum open space requirement, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M} (mofiort fo be made in fhe affimrafive). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 4.4.9(G}, "Supplemental District Regulations", Subsection (E}, "Standards Unique to the Four Corners Overlay District", to allow landscaping within parking lots to be counted toward meeting the minimum open space requirement, by adopting the findings of fact and law contained in the staff repork, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5{M}, Attachment: Proposed ordinance August 17, 2009 Planning and Zoning staff report 2 rn 0 0 N w, w m O 0 ~, o', cz • O n_ ~, I s '~' ~~ ~?aj - _a °` „ ~ :K -v N ,~~ ~~ NO. 47316528 C{TY OF DELRAY BEACH' ~ ~~~ ~~ NOTiCE'gF PROP~SED~ ~~ .AMENDMENT T~ THE LAND DEVELOPMENT REGULATIONS Tho C' W Cam risslOh of 1h'd ~_~hr -- Galrny Rr ~c,h ~or' 7.7. cro l.oscs 4~ U ch! iF;e c~~c~win~ oraii;arces 9RD~aNtE~P. 4159 A~~~ CAL"~NAT~l~E UF~'IHE CRY~CC , i;5_:N ur ?rE_ Clot ;~~ ['ix~~Y ~E:;CH =CORICa AMENDING~jhE LAND >~ rr F'rt,~~ 'T F EC'~~lA LitJS J~ 'r~F-.CITY OF-'~E:P~~Y- BEACH. 5Y %.'tiE ~i?ItJ;, SFCTIO:~+ 449(G;, 'S?'~FP [ ~~ENTa' `RSTRIGf REGGLHPCNii'. ~ ,SU?~: FCTON (~I, "F'vUk CORNERS OVERLAY DISTRICT", SUB-SUBSECFIC~N (E'I, '>TAN DA6~5 1' N'C+UE TO~THE FOURLORNERS OVERIAY~DISTRfCT-"; T~~ P~eOVI~~L TraAT C~htAI~J AREAS ARE=ELiGIB1E 70rBE COUNTED TOWARD THc O'EPJ S'.:Ct C~:EGIT,~ `~ PROVIDWG A'SAVING"r(AUSE, A~=(',Fi:IFRAI ~_~Pt,'~tEkCt.1CSr; AND ,3F~ [F; tC~-,Vt DATE. . OB~LNAMC~Q. X4.99 AN G2DINANCE U~ TFiE CITY _G-`~J'JSSIGh! OF TF-E CITY OF~C~PI_RAf BEACH, r'[CIRfDA;-AMENDING THE;IAND' REVElOPMtNI Kh(sU!,4bO~S OR:THE CffY PF pELf~AY BEACH, 81' AMENDING, SECTiOti 4.3.3; `SPtCIAI ~: ' REC~UIRkMEN75 FOR $PEC{F1C'USES^, &Y,ENACTfNGSUBSECFICN Illlt), i "MED[CAL OFFICES".,, TO- PROVIDE -FOR =Ct1>r121FICA710N; REGARDING ~`. T4IE. DISPENSING OF NARGOTifi;DRUGS; AtitENDINCy-APP.ENDC~C °,4` Tb ,. PROVIDE ~FQR~DEFJhUTIQNS~REUITEE3'FC>°-FN~~ REGUFA~ION':Of-ME`_-~lCn! OF~EICES; ~'RbViDINGrASAVING CIAtJSE, A GENEWI! k'cYEfVER CRUSE, ', `ANA AN EFFECTIVE DA7~ , 1 % ORpINANC~ NQ ~Q9 +1PJ ORDINANCE"OF THE C17Y CC~ti"M1S`~u,ti C~p_ THE C11,f C3 CELItAY ~EA~:H, FLORIDA, p.MENDING 7NE IAND,_DEVEtQPAhEPat k~'JLAi Oitiy 8T ,U+IENbING SECTION 46.7,'"SIGNS",;SU85ECt((~r1 45JllI;Il;;jb1, sFbtisc~as}IiP 51GN5'; IN ORDEK'YO~PROVIDF`S7A,NLa~~s FO's Sa'.+.e; FfiCiV JIt~G A SAVING.[iAUSf, A: Cf?VERA! REP~AiER~LA~hF, AtiG AN EFFF:11Vt bA~. the Gy Comm lion ~~,'~,il ronctu. .~ i~'; PCn ~ Ncar',np, '.r IF,o pcn_osc cf n. cnofn~ I:r.~ is teslimorly ,~eQatt~i ~~{ tie ,r r'0<:3;j c-~f~n ui aa;. The first Pub'f. F I~a.irg I F;e he(d on:TUESDAY O~LQBER~2044 Pd' 7:00 P,~d. 'n fho Commission ChamfJe~s of Ci+yHall, 1 Q0 N.N' 1 ~ Aye ~ Ce'ry Beach, Florida. if theproposed ordinancois passed cn Hrs+ reads y sea,r-I PcElic t icorm~ wih ce ~ ~!rl of 7uE$PA7~ QQgBE6_2~~~ AL;f~4~P,M:1~~ ,at any a:ntin~ilonsfs.Shf'rx!kRyuhich~~s~saf'oythoCorrmissin,ni,niioComm~~ on C~~crnbur, a! Gty ro!L 74~ iJ .V. l~ A.ar ue Dchay Bcocn lor~c!a ~_~ All in'e u:red J[IZens fare r ti^Ie~l fo aBerdfhnp c~ic ~'.20nrpL a'ld~~JnLLiment J ~CII ICE iIU ~'U~C' O~d~f1C flLfi CfSVbIP 11 it'. per GOrrme:'ISIfI ~NIIII'.~ pfl Of 4titJlY iho d~'a cl~~hesr• I ~ tiros tu'he P~uni rtd r.rrd ~o ing 7cF~rt~~~nt` For n~riFrer icf<cnnaCcn or ro a~ken a ro~~; of the prepos~d o~'d!nare©; pease~conlac! thy. Flann i g ar._~Zanin~ Copc;imant;' CiH: h+a~l,`~IQO N.1~'"~ P Aee7ue, Curvy,. Beae~ ~i:~,da 33d~1~~ (emoil~aS.P~m~Lt~}~?~L~~sh.tetrl~cr by c~!I~n~; ~til~?d37b4'-~~ Ir~,tsmen`h'r3~"vnaf B:COa.m an;~$Qil p.m„ Mcr~clrry I}iroi~tln Friday, nxcicdincB f-ciic~ay5. F'oasrr [x~ aCiviSeci Ihat if a petse:n dFridesac; ap~e~l arty r]aision morJe ~y the City Coninii>slcr wdh resps,^1 to any :riaRet car.sidered'otthgsehw~rings„such t;c~s: i n„i r. nc>~~ to cns'a r~, I~at a ~-~rhdl ~i record indudes'ihe~. Festlm~ny and eviciencs?!.~pcst, ~.h eh ino appo~~ irlo bP based ~}n3 City does not pre-+idn nor ~ . 'F~tcporu ax:k racordp~~rS~onl to ES.2Af, 0105. f ~'n~'~eioP.Ni:b:n'C~ti'C `, C'-ty C,erk PUB: The Palm Beach Post , September 29, & October. 15, 2009