Ord 08-10ORDINANCE NO.08-10
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF CODE OF
ORDINANCES, REPEALING AND REPLACING SECTION
4.6.14, "VISIBILITY AT INTERSECTIONS," TO UPDATE THE
MEASUREMENT OF SIGHT VISIBILITY TRIANGLES;
AMENDING SECTION 5.3.1, "STREETS (RIGHTS-OF-WAY),
BY AMENDING SUBSECTIONS (D) AND (E); AMENDING
SECTION 6.1.2, "STREETS AND ALLEYS", SUBSECTION
(C)(3), "PAVING WIDTHS", TO PROVIDE UPDATED
MINIMUM PAVING WIDTHS; AMENDING SECTION 6.1.3,
"SIDEWALKS"; AND AMENDING SECTION 6.1.4,
"DRIVEWAYS AND POINTS OF ACCESS"; TO UPDATE
CURRENT STANDARDS TO BETTER REFLECT THE CITY'S
EFFORTS TO ENCOURAGE MULTIPLE MODES OF
TRANSPORTATION AS WELL AS PROVIDING A MORE
REASONABLE AND CONSISTENT APPLICATION OF
SIGHT VISIBILITY; 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 March 15, 2010, and voted 5 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4.6.14, "Visibility at Intersections", of the Land Development
Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, shall be repealed in its
entirety and replaced to read as follows:
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Section 4.6.14 Sight Visibility
(A) Purpose and Intent• The objective of these requirements is to Provide
sufficient view corridors for safe interaction of vehicles and Pedestrians at intersections.
Except for s~ht visibility areas as Prescribed bathe Florida Department of Transportation,
si~h~ t visibility triangles are to be measured from the edge of pavement for driveways and
from the ultimate right-of-wa~,line of alleys and streets The sight visibility areas apply to all
Potential visual obstructions, such as but not limited to landscaping signs. utilities, traffic
signal controller cabinets structures, walls and fences, etc.
(B) Sight Visibility Triangle Measurements
(1) Driveway Intersecting Street or Alley The area on both sides of a
driveway formed by the intersection of a driveway and a street or alley with a length of ten
(10) feet along the driveway,,, a length of ten ~Ol feet along the street or alley right-of--way
and the third side being a line connecting the ends of the other two lines.
(2) Alley Intersecting Street• The area formed by the intersection of an
alley and a street with a length of ten (10) feet along the alley right-of--way. a length of twenty
(20) feet along the street right-of--way and the third side being a line connecting the ends of
the other two lines.
Ord No. 08-10
(3) Rights-of-W~ Intersecting in Central Business District: Within
the Central Business District,~CBD) the area formed by the intersection of two or more
street rights-of--way with two sides of the triangular area being twenty (201 feet in lenoQtli
along each street measured from their,~oint of intersection and the third side being a line
connecting the ends of the other two lines.
(4) Rights-of--Way Intersecting in Single Family Residential Areas:
For single family residential zoned ~ro_U~rty the area of the ~ro~erty located at the corner
formed by the intersection of two gublic rights-of--way with two sides of the triangular area
being twenty-five X251 feet in length along the abutting public right-of--way lines. measured
from their point of intersection and the third side being a line connecting the ends of the
other two lines.
(5) Rights-of-Wav in County, State or Federal Turisdiction: Sight
visibility measurements at the intersection of aright-of--way, accessway. or driveway and a
ri~ht~ of way under County, State or Federal jurisdiction are subject to sight visibility
requirements from those authorities.
(6) Other Intersections• In all other situations, the area of ~ro~erty
located at a corner formed by the intersection of two (2~ or more public rights-of--way with
two (2~ sides of the triangular area being forty (401 feet in length along the abutting gublic
ri~ht~ of way lines measured from their,~oint of intersection and the third side being a line
connecting the ends of the other two (2 lines.
(C) Intersections• When an accessway intersects a public right-of--way. all visual
obstructions within the sight visibility triangle shall provide unobstructed cross-visibility at a
level between three (31 feet and six ~6) feet Trees or halms having canopy limbs_ foliage and
fronds shall be maintained in such a manner that cross visibility is provided. One tree or
halm shall be ,~ermitted,~roviding the mature trunk diameter does not exceed fifteen (151
inches Trees shall not be located within six (6) feet from the edge of any uncurbed
accessway pavement Trees may have a four ,(41 foot offset from the face of a non-
mountable tie curb.
(D) LandscaFe Nodes• All trees or Falms installed in nodes within aright-of-
way shall maintain a four foot offset from the face of the curb. All shrubs and ground
covers shall be maintained below thirty-six (361 inches in height. All tree canopies must be
maintained above eight (~ feet in height The mature trunk diameter of any tree or Halms
shall not exceed fifteen (15~ inches There shall be no encroachment of trees. tree limbs or
halm fronds in or over a travel lane lower than 14 5 feet or lower than eight181 feet over a
sidewalk Private ~ro_p~ty owners shall be responsible for maintaining landscaping on their
~ro_b~t~that encroach into these areas.
Ord No. 08-10
(E) Relief 'The request for a relief from the s~ht visibilitiy triangle dimensions
may be granted by the City Engineer on a case-by-case basis and the review shall take into
consideration neighborhood characteristics such as the locations of schools, parks, and other
community facilities and street characteristics such as the pavement width, width of the
ri~ht~ of way to curb or sidewalk curvature of the street, one-way directional traffic, presence
of on street narking spaces steed limit and other similar elements. Denial of relief by the
Cit~Engineer may be annealed to the City Commission.
Section 2. That Section 5.3.1, "Streets (Rights-of-Way)", Subsection (D), "Right-of--Way
Dimensions" of the Land Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, shall hereby be amended to read as follows:
Section 5.3.1 Streets (Rights-of--Way)
(D) Right-of--Way Dimensions:
(1) Right-of--way shall be provided for Principal Arterials and Minor
Arterials as shown for ultimate right-of--way width in Table T-1 of the Transportation
Element of the Comprehensive Plan.
(2) The following right-of--way width is required for the category of other
streets as identified, except as otherwise provided in the Table T-1 of the Transportation
Element:
STREET TYPE WIDTH IN FEET
Conn Collector 80
Ci Collector 80
Local Commercial /Industrial Street 60
Local Residential Street
• Without Curb and Gutter
• With Curb and Gutter
60
50
Alle s 20 Minimum
(3) Corner Clin• Aright-of--way dedication will be required at all
intersections in the Central Business District (CBD~ This right-of--way dedication will
consist of an area of property located at the corner formed by the intersection of two or
more public rights of-way with two sides of the triangular area being 20 feet in length along
Ord No. 08-10
the abutting pu~ blic n~ht-of-way lines Further, a dedication of 10 feet shall be reauired
along both sides at the intersection of an alley and right-of--way. These areas are to be
measured from their_point of intersection, and the third side being a line connecting the ends
of the other two lines This right-of--way dedication will be referred to as a "corner clin" and
is provided to ensure adequate right-of--way for the safe movement of pedestrians in the
CBD The request for relief from the corner clip requirement may granted by the Ci
Engineer.
(4) Additional Width: Additional right-of--way width may be required
to promote public safety and welfare; to provide for stormwater management, to provide
adequate area for street trees; and to assure adequate access, circulation, and parking in high
intensity use areas. Such a determination shall be advanced by a recommendation from the
City Engineer and may be based upon the resultants of a traffic study or general knowledge
of the City.
(E) Improvement Obligations: Concurrent, or prior to construction associated
with an approved development application, the development shall provide for the
construction of improvements as identified in Section 5.3.1(C), off-site improvements as
imposed as conditions of approval as well as improvements identified under Section 6.1.2
(A). Whenever subdivision development or redevelopment occurs on property where
abutting streets are included in the Comprehensive Plan Neighborhood Plan
Redevelopment Plan or Capital Improvement Program provisions shall be made for the
accommodation of such improvements.
Section 3. That Section 6.1.2, "Streets and Alleys", Subsection (C)(3), "Paving Widths" of
the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida,
shall hereby be amended to read as follows:
(3) Paving Widths
(a) Minimtuns: The following are the minimum paving widths which
are required for the category of street or alley.
CATEGORY MINIMUM PAVING
WIDTHS
Arterial Street 24 Feet
Collector Street 24 Feet
Local Street ~4 22 Feet
Mar ~ al Access Street 24 Feet
Access Roadwa 24 Feet
Alle s meet 20 Feet
Ord No. 08-10
(b) Additional Paving: Additional width may be required by the Ciry
Engineer to promote public safety and welfare, and to assure adequate access,
circulation, and parking in high-density residential areas, commercial areas, and
industrial areas. To determine the necessity for additional pavement, the Ciry
Engineer may require the applicant to furnish a traffic impact analysis and, based
upon this analysis, the City Engineer shall determine the extent to which any
additional paving will be needed.
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~ A reduction in the re~c uixed paving widths established in Subsection
.(~(al above may be granted by the City Engineer upon a favorable
recommendation from the Development Services Management Group (DSMG).
Denial by the City Engineer may be appealed to the City Commission.
Section 4. That Section 6.1.3, "Sidewalks", Subsection (B)(1), "Widths" of the Land
Development Regulations of the Code of Ordinances of the Ciry of Dekay Beach, Florida, shall
hereby be amended to read as follows:
Section 6.1.3 Sidewalks:
(A) Principles of Design: The primary purpose of sidewalks is to provide a
safe place for pedestrian travel. Generally sidewalks are required along both sides of all
streets.
(B) Sidewalk Design Requirements:
(1) Widths:
• a. Low Density Residential Areas 5'
• b. Medium and High Density Residential
Areas 5' to 8'
• c. Commercial Areas 5' to 10'
• d. Atlantic Ave between I-95 and SR A1A 10'
6
Ord No. 08-10
• e. US 1 between SE 2nd St and NE 2"d St 10'
• f. Central Business District 8'
• ~ Other Areas
5'
• h. Areas that are on County, State or Federal maintained rights-
of-way shall meet the requirements above or those of the
governing agency. whichever are greater.
Section 5. That Section 6.1.4, "Driveways and Points of Access", Subsection (C)(3),
"Number, Location, Spacing, and Stacking" of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, shall hereby be amended to read as follows:
Section 6.1.4 Driveways and Points of Access:
(3) Number, Location, Spacing, and Stacking: the following spacing
requirements shall be observed in the location and spacing of driveways.
(a) Number: There shall be no more than two points of access
into anon-residential development along any street unless the
need for additional sees access is proven by a traffic study
and the additional points of access are specifically granted
through the site plan review process.
(b) Location:
~ 1. No driveway shall be located within twenty-five feet
(25') of the extension of ultimate right-of--way lines at any
intersection.
~ 2. No driveway shall be located within five feet (5') of a
property line except i~t on the zero lot line side of a zero
lot line development lot.
~ 3. Driveways at gasoline stations or convenience food
stores shall not be within fifteen feet (15~ of an interior
property line.
~ 4. Access roads and driveways which access a parking
lot with more than 100 spaces shall be located so as to be
Ord No. 08-10
directly across from or off-set by a minimum distance of
fifty feet (50') from existing driveways located on parcels
or lots across a common street, unless cross access is
prohibited by a median.
Section 6. 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 7. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 8. 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 rea ~ g on this the 20`h
day of April, 2010.
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MAY
~~~~ATTEST ~~ ~\~ p
C\.~l C`.J • \ v~t~1n.~.ly
City Clerk
First Readin ~t ~~~
Second Reading__~Z_ ~`~
8
Ord No. 08-10
Page 1 of 1
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: April 13, 2010
SUBJECT: AGENDA ITEM 10 B -REGULAR COMMISSION MEETING OF APRIL 20.2010
ORDINANCE N0.08-10
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading of acity-initiated amendment to the Land
Development Regulations (LDR) Section 4.6.14, "Visibility at Intersections", Section 5.3.1,
"Streets" (rights-of--way), Section 6.1.2, "Streets and Alleys", Section 6.1.3, "Sidewalks", and Section
6.1.4, "Driveways and Points of Access", to update current development standards to better reflect the
City's efforts to encourage multiple modes of transportation as well as providing a more reasonable and
consistent application of sight visibility.
BACKGROUND
At the first reading on Apri16, 2010, the Commission passed Ordinance No. 08-10.
RECOMMENDATION
Recommend approval of Ordinance No. 08-10 on second and final reading.
http://miweb001 /AgendasBluesheet.aspx?ItemID=3237&MeetingID=256 4/21 /2010
ORDINANCE NO. 08-10
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF CODE OF
ORDINANCES, REPEALING AND REPLACING SECTION
4.6.14, "VISIBILITY AT INTERSECTIONS," TO UPDATE
THE MEASUREMENT OF SIGHT VISIBILITY TRIANGLES;
AMENDING SECTION 5.3.1, "STREETS (RIGHTS-OF-
WAY), BY AMENDING SUBSECTIONS (D) AND (E);
AMENDING SECTION 6.1.2, "STREETS AND ALLEYS",
SUBSECTION (C)(3), "PAVING WIDTHS", TO PROVIDE
UPDATED MINIMUM PAVING WIDTHS; AMENDING
SECTION 6.1.3, "SIDEWALKS"; AND AMENDING
SECTION 6.1.4, "DRIVEWAYS AND POINTS OF ACCESS";
TO UPDATE CURRENT STANDARDS TO BETTER
REFLECT THE CITY'S EFFORTS TO ENCOURAGE
MULTIPLE MODES OF TRANSPORTATION AS WELL AS
PROVIDING A MORE REASONABLE AND CONSISTENT
APPLICATION OF SIGHT VISIBILITY; 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 March 15, 2010,
and voted 5 to 0 to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning
Board, sitting as the Local Planning Agency, has determined that the change is
consistent with and furthers the goals, objectives and policies of the Comprehensive
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4.6.14, "Visibility at Intersections", of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, shall be repealed in its entirety and replaced to read as follows:
~}-5+~2s
Section 4.6.14 Sight Visibility
(A) Purpose and Intent: The objective of these requirements is to
provide sufficient view corridors for safe interaction of vehicles and pedestrians at
intersections Except for sight visibility areas as prescribed by the Florida
Department of Transportation sight visibility triangles are to be measured from
the edge of pavement for driveways and from the ultimate right-of-way line of
alleys and streets The sight visibility areas apply to all potential visual
obstructions such as but not limited to landscaping. signs. utilities.. traffic signal
controller cabinets, structures. walls and fences, etc.
(B) Sight Visibility Triangle Measurements
(1) Driveway Intersecting Street or Alley: The area on both
sides of a driveway formed by the intersection of a driveway and a street or alley
__
with a length of ten (10) feet along the driveway a length of ten (10) feet a ong
the street or alley right-of--way and_the third side being a line connecting the ends
of the other two lines.
(2) Alley Intersecting Street: The area formed by the
intersection of an alley and a street with a length of ten (10) feet along the alley
right-of--way a length of twenty (20) feet along the street right-of--way. and the
third side being a line connecting the ends of the other two lines.
(3) Rights-of-Way Intersecting in Central Business District:
Within the Central Business District (CBD) the area formed by the intersection of
two or more street rights-of-way with two sides of the triangular area being twenty
Ord No. 08-10
(20) feet in length along each street measured from their point of intersection,
and the third side being a line connecting the ends of the other two lines.
(4) Riahts-of-Way Intersecting in Single Family Residential
Areas• For single family residential zoned property the area of the property
located at the corner formed by the intersection of two public riahts-of--way with
two sides of the triangular area being twenty-five (25) feet in length along the
abutting public right-of--way lines measured from their point of intersection, and
the third side being a line connecting the ends of the other two lines.
(5) Riahts-of-Way in County, State or Federal Jurisdiction:
Sight visibility measurements at the intersection of a right-of-way. accesswav. or
driveway and aright-of--way under County State or Federal jurisdiction are
subject to sight visibility requirements from those authorities.
(6) Other Intersections: In all other situations, the area of
property located at a corner formed by the intersection of two (2) or more public
rights-of-way with two (2) sides of the triangular area being forty (40) feet in
length along the abutting public right-of-way lines measured from their point of
intersection and the third side being a line connectinq_the ends of the other two
2 lines.
(C) Intersections• When an accesswav intersects a public right-of-
way all visual obstructions within the sight visibility triangle shall provide
unobstructed cross-visibility at a level between three (3) feet and six (6) feet.
Trees or palms having canopy limbs foliage and fronds shall be maintained in
such a manner that cross visibility is provided. One tree or palm shall be
permitted providing the mature trunk diameter does not exceed fifteen (15)
inches Trees shall not be located within six (6) feet from the edge of any
uncurbed accesswav pavement Trees may have a four (4) foot offset from the
face of anon-mountable type curb.
(D) Landscape Nodes• All trees or palms installed in nodes within a
right-of-way shall maintain a four foot offset from the face of the curb. All shrubs
and ground covers shall be maintained below thirty-six (36) inches in height. All
tree canopies must be maintained above eight (8) feet in height. The mature
trunk diameter of any tree or palms shall not exceed fifteen (15) inches. There
shall be no encroachment of trees tree limbs or palm fronds in or over a travel
lane lower than 14 5 feet or lower than eight (8) feet over a sidewalk. Private
property owners shall be responsible for maintaining landscaping on their
property that encroach into these areas.
(E) Relief• The request for a relief from the sight visibilitiy triangle
dimensions may be granted by the City Engineer on a case-by-case basis and
the review shall take into consideration neighborhood characteristics such as the
locations of schools parks and other community facilities. and street
Ord No. 08-10
characteristics such as the pavement width width of the right-of-wav to curb or
sidewalk curvature of the street one-wav directional traffic, presence of on-
street parking spaces speed limit and other similar elements. Denial of relief by
the City Engineer may be appealed to the City Commission.
Section 2. That Section 5.3.1, "Streets (Rights-of-Way)", Subsection (D), "Right-
of-Way Dimensions" of the Land Development Regulations of the Code of Ordinances
of the City of Delray Beach, Florida, shall hereby be amended to read as follows:
Section 5.3.1 Streets (Rights-of-Way)
(D) Right-of-Way Dimensions:
(1) Right-of-way shall be provided for Principal Arterials and
Minor Arterials as shown for ultimate right-of-way width in Table T-1 of the
Transportation Element of the Comprehensive Plan.
(2) The following right-of-way width is required for the category
of other streets as identified, except as otherwise provided in the Table T-1 of the
Transportation Element:
- STREET TiY,P,E ~ ~ y. WID,TiH IN FEET
Coun Collector 80
Ci Collector 80
Local Commercial /Industrial Street 60
Local Residential Street
• Without Curb and Gutter
• With Curb and Gutter
60
50
Alle s 20 Minimum
(3) Corner Clip: Aright-of-wav dedication will be required at all
intersections in the Central Business. District (CBD). This right-of--wav dedication
will consist of an area of property located at the corner formed by the intersection
of two or more public rights-of--wav with two sides of the triangular area being 20
feet in length along the abutting public right-of-wav lines Further a dedication of
10 feet shall be required along both sides at the intersection of an alley and right-
of-way These areas are to be measured from their point of intersection, and the
third side being a line connecting the ends of the other two lines. This right-of-
wav dedication will be referred to as a "corner clip" and is provided to ensure
adequate right-of-wav for the safe movement of pedestrians in the CBD. The
4
Ord No. 08-10
request for relief from the corner clip requirement may granted by the City
Engineer.
(4) Additional Width: Additional right-of-way width may be
required to promote public safety and welfare; to provide for stormwater
management, to provide adequate area for street trees; and to assure adequate
access, circulation, and parking in high intensity use areas. Such a
determination shall be advanced by a recommendation from the City Engineer
and may be based upon the resultants of a traffic study or general knowledge of
the City.
(E) Improvement Obligations: Concurrent, or prior to construction
associated with an approved development application, the development shall
provide for the construction of improvements as identified in Section 5.3.1(C), off-
site improvements as imposed as conditions of approval as well as
improvements identified under Section 6.1.2 (A). Whenever subdivision,
development or redevelopment occurs on property where abutting streets are
included in the Comprehensive Plan Neighborhood Plan, Redevelopment Plan
or Capital Improvement Program provisions shall be made for the
accommodation of such improvements.
Section 3. That Section 6.1.2, "Streets and Alleys", Subsection (C)(3), °Paving
Widths" of the Land Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, shall hereby be amended to read as follows:
(3) Paving Widths
(a) Minimums: The following are the minimum paving widths
which are required for the category of street or alley.
CATEGORY MINIMUM PAVING
WIDTHS
Arterial Street 24 Feet
Collector Street 24 Feet
Local Street 24 22 Feet
Mar final Access Street 24 Feet
Access Roadwa 24 Feet
Alle s 4~€eet 20 Feet
(b) Additional Paving: Additional width may be required by the
City Engineer to promote public safety and welfare, and to assure
adequate access, circulation, and parking in high-density residential
areas, commercial areas, and industrial areas. To determine the
necessity for additional pavement, the City Engineer may require the
applicant to furnish a traffic impact analysis and, based upon this analysis,
Ord No. 08-10
the City Engineer shall determine the extent to which any additional
paving will be needed.
c) A reduction in the .required paving widths established in
Subsection (3)(a) above may be granted by the City Engineer upon a
favorable recommendation from the Development Services Management
Group (DSMG). Denial by the City Enaineer may be appealed to the City
Commission.
Section 4. That Section 6.1.3, "Sidewalks", Subsection (B)(1), "Widths" of the
Land Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, shall hereby be amended to read as follows:
Section 6.1.3 Sidewalks:
(A) Principles of Design: The primary purpose of sidewalks is to
provide a safe place for pedestrian travel. Generally sidewalks are required
along both sides of all streets.
(B) Sidewalk Design Requirements:
(1) Widths:
• a. Low Density Residential Areas 5'
• b. Medium and High Density Residential
Areas 5' to 8'
• c. Commercial Areas 5' to 10'
• d. Atlantic Ave between I-95 and SR A1A 10'
• e. US 1 between SE 2"d St and NE 2"d St 10'
• f. Central Business District 8'
• ,~ Other Areas 5'
Ord No. 08-10
• h. Areas that are on County. State or Federal
maintained rights-of-way shall meet the requirements
above or those of the aoverninq agency. whichever are
reg ater.
Section 5. That Section 6.1.4, "Driveways and Points of Access", Subsection
(C)(3), "Number, Location, Spacing, and Stacking" of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Florida, shall hereby
be amended to read as follows:
Section 6.1.4 Driveways and Points of Access:
(3) Number. Location, Spacing, and Stacking: the following
spacing requirements shall be observed in the location and spacing of driveways.
(a) Number: There shall be no more than two points of
access into anon-residential development along any
street unless the need for additional sffaces access is
proven by a traffic study and the additional points of
access are specifically granted through the site plan
review process.
(b) Location:
- 1. No driveway shall be located within twenty-five
feet (25') of the extension of ultimate right-of--way
lines at any intersection.
- 2. No driveway shall be located within five feet
(5') of a property line except i~ on the zero lot line
side of a zero lot line development lot.
3. Driveways at gasoline stations or convenience
food stores shall not be within fifteen feet (15') of
an interior property line.
- 4. Access roads and driveways which access a
parking lot with more than 100 spaces shall be
located so as to be directly across from or off-set
by a minimum distance of fifty feet (50') from
existing driveways located on parcels or lots
across a common street, unless cross access is
prohibited by a median.
Section 6. 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
Ord No. 08-10
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 7. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
Section 8. 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 , 2010.
ATTEST
City Clerk
First Reading
Second Reading
MAYOR
Ord No. 08-10
Page 1 of 2
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Scott Pape, AICP, Senior Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH: City Manager
DATE: March 29, 2010
SUBJECT: AGENDA ITEM 12 A -REGULAR COMMISSION MEETING OF APRIL 6.2010
ORDINANCE N0.08-10
ITEM BEFORE COMMISSION
The item before the City Commission is that of approval of aCity-initiated text amendment to Land
Development Regulation Section 4.6.14, "Visibility at Intersections," Section 5.3.1, "Streets" (rights-of-
way), Section 6.1.2, "Streets and Alleys," Section 6.1.3, "Sidewalks," and Section 6.1.4, "Driveways
and Points of Access."
BACKGROUND
Following approval of the Downtown Design Guidelines for the Central Business District (CBD),
numerous waiver requests have been submitted seeking relief from the City's sight visibility
requirements. The design guidelines require buildings to be located closer to the street, which has
resulted in frequent requests for relief. The proposed LDR amendments revise sight visibility
requirements to take into account the different development regulations as they pertain to the
downtown, certain residential areas, and the balance of the City. The new sight visibility requirements
now include the sight visibility regulations of other entities such as Palm Beach County or the State of
Florida when a roadway is under their jurisdiction. With respect to the other sections of the code, the
amendments seek to clarify the application of the current development regulations as they relate to
streets, alleys, sidewalks, and driveways.
At its meeting of March 15, 2010, the Planning and Zoning Board considered the proposed text
amendment and recommended approval to the City Commission.
REVIEW BY OTHERS
Downtown Development Authority (DDA):
At its meeting of February 8, 2010, the DDA reviewed the text amendment and recommended approval.
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West Atlantic Redevelopment Committee (WARC):
At its meeting of February 10, 2010, the WARC reviewed the text amendment and recommended
approval.
Community Redevelopment Al,ency (CRA):
At its meeting of February 11, 2010, the CRA reviewed the text amendment and recommended
approval. The CRA Director and Assistant Director conveyed suggestions to City staff on minor
changes to clarify several sections of the text amendment. These suggestions have been included in the
attached Ordinance.
RECOMII~NDATION
By motion, approve on first reading the Ordinance to amend Land Development Regulations Sections
4.6.14, "Visibility at Intersections," Section 5.3.1, "Streets" (rights-of--way), Section 6.1.2, "Streets and
Alleys," Section 6.1.3, "Sidewalks," and Section 6.1.4, "Driveways and Points of Access," 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 criteria set forth in Section 2.4.5(M) of the Land Development
Regulations, with second reading to occur on April 20, 2010.
http://miweb001/Agendas/Bluesheet.aspx?ItemID=3172&MeetingID=254 4/13/2010
PLANNING AND ZbNINGBOARD
MEMORANDUM STAFF REPORT
MEETING OF: MARCH 15, 2010
AGENDA ITEM: AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO
UPDATE CURRENT DEVELOPMENT STANDARDS TO BETTER
REFLECT THE CITY'S EFFORTS TO ENCOURAGE MULTIPLE
MODES OF TRANSPORTATION AS WELL AS PROVIDING A MORE
REASONABLE AND CONSISTENT APPLICATION OF SIGHT
VISIBILITY.
ITEM BEFORE THE BOARD
The item before the Board is aCity-initiated amendment to Land Development Regulation
Section 4.6.14, "Visibility at Intersections," Section 5.3.1, "Streets (rights-of--way), Section 6.1.2,
"Streets and Alleys," Section 6.1.3, "Sidewalks," and Section 6.1.4, "Driveways and Points of
Access," pursuant to LDR Section 2.4.5(M).
Pursuant to LDR Section 1.1.6, an amendment to the LDRs may not be made until a
recommendation is obtained from the Planning and Zoning Board.
BACKGROUND/DESCRIPTION
Following approval of the Downtown Design Guidelines for the Central Business District (CBD),
numerous waiver requests have been submitted seeking relief from the City's sight visibility
requirements. The design guidelines require buildings to be located closer to the street, which
has resulted in the frequent requests for relief. The following LDR amendments revise sight
visibility requirements to take into account the different development regulations as they pertain
to the downtown, certain residential areas, and the balance of the City. The new sight visibility
requirements now include the sight visibility regulations of other entities such as Palm Beach
County or the State of Florida when a roadway is under their jurisdiction. With respect to the
other sections of the code, the amendments seeks to clarify the application of the current
development regulations as they relate to streets, alleys, sidewalks, and driveways.
REVIEW BY OTHERS
Downtown Development Authorit (y DDA):
At its meeting of February 8, 2010, the DDA reviewed the text amendment and recommended
approval.
Planning and Zoning Board Staff Report
Planning and Zoning Workshop on an Amendment of the LDRs to Sight Visibility and Multi-Modal
Transportation
West Atlantic Redevelopment Committee (WARC):
At its meeting of February 10, 2010, the WARC reviewed the text amendment and
recommended approval.
Community Redevelopment Agenc (y CRA):
At its meeting of February 11, 2010, the DDA reviewed the text amendment and recommended
approval. The CRA Director and Assistant Director conveyed suggestions to City staff on minor
changes to clarify several sections of the text amendment. These suggestions have been
included in the attached Ordinance.
RECOMMENDEDIACTIOIV
By motion, recommend to the City Commission approval of the City-initiated amendment to the
Land Development Regulations to Sections 4.6.14, "Visibility at Intersections," Section 5.3.1,
"Streets (rights-of--way), Section 6.1.2, "Streets and Alleys," Section 6.1.3, "Sidewalks," and
Section 6.1.4, "Driveways and Points of Access," 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 criteria set forth in Section 2.4.5(M) of the Land Development Regulations.
Attachment:
^ Ordinance
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