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Res 07-09ORDINANCE NO. 07 -09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS ", AND SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT ", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS ", SUB - SUBSECTION (1) "CENTRAL CORE AND BEACH AREA SUPPLEMENTAL REGULATIONS ", TO CHANGE THE PARKING REQUIREMENTS FOR BUSINESS AND PROFESSIONAL OFFICES WITHIN CERTAIN PORTIONS OF THESE ZONING DISTRICTS; 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 January 26, 2009 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; 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: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.9, "General Commercial (GC) District ", Subsection (G), "Supplemental District Regulations ", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (G) Supplemental District Regulations: In addition to the supplemental district regulations set forth in Article 4.6, the following supplemental district regulations shall apply in the GC District. (1) The parking requirement for business and professional offices within that portion of the GC zoo district bounded by S E 5th Avenue on the west, S E 6th Avenue on the east S E 4th Street on the north and S E 10th Street on the south is established at one (1) space per 300 sq. ft. of net floor area. (4 2)North Federal Highway Overlay District: The following supplemental district regulations apply to the North Federal Highway Overlay District, as defined in Section 4.5.7. (a) In addition to the uses listed in 4.4.9(D), the following light industrial uses are allowed as conditional uses: 1. Fabrication and /or assembly of manufactured materials or parts for distribution or sale, such as sheet metal, sign shops, glass shops, electronics, cabinet and furniture making. 2. The wholesaling, storage and distribution of products and materials; 3. Self service storage facilities that comply with subsection (c) below. (b) All uses listed under subsection (a) above must: 1. Operate in conjunction with a permitted service or retail use that is located on the premises; 2. Maintain a commercial facade along North Federal Highway, with the light industrial aspect of the business oriented toward Dixie Highway; 3. Operate within an enclosed building, with no outside storage; 4. Orient overhead doors away from adjacent rights -of -way, except where existing, or where the approving body determines that it is not feasible to comply; and, 5. Along the property line adjacent to Dixie Highway, provide a landscape buffer consisting of a 4' high hedge, and trees planted 25 feet on center to form a solid tree line. (c) In addition to subsection (b) above, any self service storage facility shall comply with the following. The following regulations supersede Section 4.3.3(A). 1. Lot Area: The minimum lot area is 1.5 acres and the maximum lot area is 3 acres. 2. Facilities and Requirements: a. Outdoor bay type access to individual self - storage units that face a street is prohibited. The exterior loading access points shall be designed in such a way to minimize sight lines from adjacent roads. 2 ORD. NO. 07 -09 b. No building shall exceed forty -eight feet (48') in height. c. Parking shall be provided at the rates set forth in Section 4.6.9 for the permitted service, office and retail uses and for self - storage uses, parking shall be at a rate of one (1) parking space per 100 storage units or portion thereof, including: (a) a minimum of three (3) loading spaces for the self - service storage facility that must be striped and signed to limit the time for loading and unloading to one (1) hour; and in addition (b) three and one -half (3.5) spaces for each 1,000 square feet of accessory office use associated with the self - storage use. Notwithstanding the above, a minimum of five (5) parking spaces other than loading spaces shall be provided in connection with the self - storage use. d. At least 2,500 square feet of ground floor area shall be devoted to at least one additional principal retail or service use without limiting the foregoing. The additional principal uses may be eating and drinking establishments, retail or personal service. 3. Limitation of Uses: a. Activities not related to the rental or lease of self - storage units shall not be conducted within the self service storage facility area, unless specifically permitted through the conditional use process. b. Except as otherwise provided in subsection (c), no business or activity other than self storage shall be conducted from any self - storage unit in the facility. Examples of prohibited uses include, but are not limited to the following: the servicing, repair and /or restoration of automobiles, boats, recreational vehicles, and /or restoration of automobiles, boats, recreational vehicles, lawnmowers and the like; moving and self - storage companies; cabinet making and wood working (whether personal or professional); personal hobbies and arts and crafts; and any other activity unless specifically permitted through the conditional use process. C. Except as otherwise provided in this subsection (c), there shall be no electrical power provided to, or accessible from any individual self - storage units. This includes the provision of lighting fixtures to the interior of a self - storage unit, unless specifically addressed in the conditional use approval. The use of portable generators is also prohibited. d. The use or storage of any hazardous materials is prohibited. e. the terms and conditions of this section shall be clearly expressed in all self - storage 3 ORD. NO. 07 -09 rental or leasing contracts, as well as conspicuously displayed in plain view on a sign no smaller than one foot (1') by two feet (2') in the leasing office at the facility. 4. On -Site Manager: An on -site manager shall be employed at the facility during all hours of operation. 5. Hours of Operation: Customers of the self service storage facility may not access individual self - storage units before 5:00 a.m. or any later than 9:00 p.m. Hours of operation may be further restricted when it is deemed that morning and evening traffic into and out of the facility may negatively impact the character of an adjacent residential area. In no circumstance shall customers of any self service storage facility have 24 hour access to their self - storage unit(s). 6. Landscape Requirements: In addition to all applicable landscape requirements and other special provisions pursuant to the individual zone district, a minimum ten foot (10') landscape buffer shall be required adjacent to Federal Highway and Dixie Highway and a minimum five foot (5') landscape buffer shall be required along all property lines that do not abut a roadway. 7. Outdoor Storage of vehicles, Boats & Truck Rental: Outdoor storage of boats and vehicles and truck rental is prohibited. 8. Architecture: All self service storage facility buildings must comply with the following architectural standards. a. Building facades visible from the public right -of -way shall have the appearance of a service and /or retail building through the use of doors, windows, awnings, and other appropriate building elements. b. Exterior building material shall be stucco or a similar material. c. Buildings that can accommodate two or more stories shall be designed where facing a street to have the appearance of a multi -story building through the use of windows, doors, awnings, canopies or other appropriate building elements. d. Building facades facing a public right -of -way must have a 15% minimum transparency consisting of windows that provide visibility from the public right -of -way from the interior. e. Detailed building elevations shall be submitted prior to the Conditional Use public hearing. 4 ORD. NO. 07 -09 9. Location: A self service storage facility shall not be located within a radius of 1,000 feet of another existing self service storage facility. (2 3) Four Corners Overlay District: The following supplemental district regulations apply to the Four Corners Overlay District, as defined in Section 4.5.14. (a) The permitted uses shall be those uses listed in Sections 4.4.9(B)(1,2,4,5). (b) The accessory uses shall be those uses listed in Section (C). (c) The conditional uses shall be those uses listed in Sections (D)(1,3,4,10,12,15, 20). (d) Standards Pertaining to Allocation of Uses: 1. Office uses can encompass up to one hundred percent (100 %) of the total building square footage within a Four Corners Overlay master development plan. 2. Retail uses shall not encompass more than one hundred percent (100 %) of the total building area square footage of the Four Corners Overlay master development plan. 3. Hotels, motels, and residential all suite lodging shall not encompass more than 20% of the total building area square footage of the Four Corners Overlay master development plan. Notwithstanding the above, hotels, motels and residential all suite lodging can comprise 100% of the floor area of an individual building within a MDP containing multiple buildings. 4. Multi- family Dwelling Units: Multi - family uses excluding duplexes subject to (a) (b) (c) (d) (e) below, ranging in density not to exceed 30 units per acre subject to the following: a. Residential units may comprise 75% of the total floor area of the development master plan at a maximum density of (30) units per acre and only when proposed as part of a mixed -use development containing office and /or commercial uses. b. Residential developments must include a minimum of 20% workforce units consisting of moderate income workforce units as defined by Article 4.7 Family /Workforce Housing. c. Workforce units shall be subject to general provisions of Article 4.7.6, 4.7.7, 4.7.8, 4.7.9, and 4.7.10. d. For mixed -use developments, the shared parking provisions of LDR Section 4.6.9. (C) (8) shall be allowed. 5 ORD. NO. 07-09 e. All residential developments shall be subject to the Performance Standards of 4.4.130)(2) (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: Lot Coverage & Open Space: a. Land area equal to at least 25% of the individual Four Corners Overlay District Master Development Plan (MDP) including the perimeter landscaped boundary, shall be in open space. Landscape areas required to meet internal parking lot design requirements, 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 4,000 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 Corners Overlay development. 3. Office and Commercial Floor Heights shall be a minimum of twelve 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, restrooms, closets, laundry rooms, dressing rooms, storage rooms, mechanical, electrical, and plumbing equipment rooms are exempted from the floor height regulations. Section 3. That Section 4.4.13, "Central Business (CBD) District", Subsection (G), "Supplemental District Regulations ", Sub - Subsection (1), "Central Core and Beach Area Supplemental Regulations ", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. (1) Central Core and Beach Area Supplemental Regulations: (a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on ORD. NO. 07 -09 the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south, the parking requirements for all non - residential uses, except restaurants, hotels and motels, and business and professional offices, shall be one space for each 300 square feet of gross floor area or fraction thereof. The parking required for the creation of new floor area, shall also include the replacement of any previously required parking which may be eliminated. Within all other geographic areas of the Central Core and Beach Area within the CBD Zone District, the provisions of Section 4.6.9(C) shall apply, as further modified within this Subsection (G)(1). (b) When the parking requirements are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be allowed. This exemption may only occur once per property. (c) If it is impossible or inappropriate to provide required parking on -site or off -site, pursuant to Subsection 4.6.9(E)(4), the in -lieu fee option provided in Section 4.6.9(E)(3) may be applied. (d) The parking requirement for restaurants is established at six (6) spaces per 1,000 square feet of gross floor area. (e) The parking requirement for hotels and motels within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south is established at 0.7 of a space for each guest room plus one (1) space per 300 sq. ft. of floor area devoted to ballrooms, meeting rooms, and shops and six (6) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges within the hotel or motel. (fl The parking requirements for residential units in multi - family structures and mixed -use buildings shall be as follows: • Efficiency dwelling unit 1.0 space /unit • One bedroom dwelling unit 1.25 spaces /unit • Two or more bedroom dwelling unit 1.75 spaces /unit • Guest parking shall be provided cumulative) as follows: - for the first 20 units 0.50 spaces/unit - for units 21 -50 0.30 spaces/unit - for units 51 and above 0.20 spaces/unit Within Townhouse and Townhouse type developments, parking may be provided in front of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. Location of Guest Parking Spaces: Guest parking spaces must be accessible to all visitors and ORD. NO. 07 -09 guests and may be centralized or located near recreational features within a development project. (g) The parking requirement for business and professional offices within the following portions of the CBD the narth, the lfttfteeast2lWaterway en the east and S.H. 2nd Street en the settah- is established at one (1) space per 300 sq. ft. of net floor area. 1 The portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north the Intracoastal Waterway on the east and S.E. 2nd Street on the south. 2 The portion of the CBD bounded by N.E. 5th Avenue on the west, N.E. 6th Avenue on the east, N.E. 2nd Street on the south and George Bush Blvd. on the north: and 3 The portion of the CBD bounded by S.E. 5th Avenue on the west, S.E. 6th Avenue on the east, S.E. 2nd Street on the north and S.E. 4th Street on the south. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 3rd day of MARCH, 20099. ATTEST City Clerk First Reading Second Readin 0 r:� Ack- (E&I MAYOR ORD. NO. 07 -09 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: February 10, 2009 SUBJECT: AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF FEBRUARY 17, 2009 ORDINANCE NO 07 -09 (FIRST READING/FIRST PUBLIC HEARING) ITEM BEFORE COMMISSION Consideration of a City initiated amendment to the Land Development Regulations dealing with the parking requirements for business and professional office development along the Federal Highway corridor. BACKGROUND On October 10, 2008, the City received a memo from Francisco Perez -Azua, Architect and Vice Chair of the Chamber of Commerce Economic Development Committee. The memo outlined recommendations to incentivize office building development in Delray Beach. The recommendations presented in the memo build on the basic notion that a reduction in parking requirements for office development, and the allowance of various forms of automated parking systems, will provide incentives to promote office development. The Planning and Zoning Director reviewed the memo and noted that, while some of the proposals would require more in depth analysis, others could be reviewed more quickly and adopted immediately. Several of the recommendations were included in an LDR text amendment adopted by the City Commission on January 20, 2009. The current ordinance, which implements another of the Committee's recommendations, represents the next phase of the process. The remaining proposals will be reviewed and brought forth at a later date. The purpose of the proposed amendment is to expand the area between the Federal Highway one -way pairs (5th and 6th Avenues) where the parking requirement for business and professional offices is 1 space per 300 square feet of net floor area. The area has been expanded to include the area from N.E. 2nd Street to George Bush Boulevard on the north, and from S.E. 2nd Street to S.E. 10th Street on the south. The parking requirement for business and professional offices within this expansion area is currently 4 spaces per 1,000 sq. ft. of net floor area up to 3,000 sq. ft. and then 3.5 spaces per 1,000 square feet of net floor area over the initial 3,000 square feet. It is anticipated that the decreased costs associated with the reduced parking requirements will help to encourage additional office development t in this area. As an example, the parking requirement of a 10,000 sq. ft. office building will be reduced by 4 spaces (from 37 to 33 spaces) with the proposed amendment. Although this change will result in a reduction in the total parking requirements for business and professional offices of all sizes, the highest percentage reductions will occur for buildings under 3,000 square feet. It is also noted that small additions to existing buildings may be possible without the requirement for any additional parking with the adoption of this amendment. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on January 26, 2009. The Board unanimously recommended approval on a 5 to 0 vote (Miller absent and Pike stepped down), 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. The Community Redevelopment Agency (CRA) and the Downtown Development Authority (DDA) have unanimously recommended approval of the proposed text amendment. The Parking Management Advisory Board (PMAB) meeting will not meet until February 24, 2009. The Board's recommendation will be reported to the City Commission at second reading of the ordinance. RECOMMENDATION By motion, approve on first reading Ordinance No. 07 -09 for a City- initiated amendment to the LDR 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 LDR. ORDINANCE NO. 07-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT ", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS ", AND SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT ", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS ", SUB - SUBSECTION (1) "CENTRAL CORE AND BEACH AREA SUPPLEMENTAL REGULATIONS ", TO CHANGE THE PARKING REQUIREMENTS FOR BUSINESS AND PROFESSIONAL OFFICES WITHIN CERTAIN PORTIONS OF THESE ZONING DISTRICTS; 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 revievwd the proposed text amendment at a public hearing held on January 26, 2009 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; 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 QTY 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, "General Commercial (GC) District", Subsection (G), "Supplemental District Regulations ", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (G) Supplemental District Regulations: In addition to the supplemental district regulations set forth in Article 4.6, the following supplemental district regulations shall apply in the GC District. (1) The parldng requirement for business and professional offices within that portion of the GC zoning district bounded by S E 5th Avenue on the `nest S E 6th Avenue on the east S.E. 4th Sit on the north and S E 10th Street on the south is established at one (1) spxe per 300 sa ft of net floor area (4 2)North Federal Highway Overlay District: The following supplemental district regulations apply to the North Federal Highway Overlay District, as defined in Section 4.5.7. (a) In addition to the uses listed in 4.4.9(D), the following light industrial uses are allowed as conditional uses: 1. Fabrication and /or assembly of manufactured materials or parts for distribution or sale, such as sheet metal, sign shops, glass shops, electronics, cabinet and furniture maldng. 2. The wholesaling, storage and distribution of products and materials; 3. Self service storage facilities that comply with subsection (c) below. (b) All uses listed under subsection (a) above must: 1. Operate in conjunction with a permitted service or retail use that is located on the premises; 2. Maintain a commercial facade along North Federal Highway, with the light industrial aspect of the business oriented toward Dixie Highway, 3. Operate within an enclosed building, with no outside storage; 4. Orient overhead doors away from adjacent rights -of -way, except where ex sting, or where the approving body determines that it is not feasible to comply, and, 5. Along the property line adjacent to Dixie Highway, provide a landscape buffer consisting of a 4' high hedge, and trees planted 25 feet on center to form a solid tree line. (c) In addition to subsection (b) above, any self service storage facility shall comply with the following. The following regulations supersede Section 4.3.3(A). 1. Lot Area: The minimum lot area is 1.5 acres and the maximum lot area is 3 acres. ORD. NO. 07-09 2. Facilities and Requirements: a Outdoor bay type access to individual self - storage units that face a street is prohibited. The exterior loading access points shall be designed in such a way to minimize sight lines from adjacent roads. b. No building shall exceed forty-eight feet (48� in height. c. Parking shall be provided at the rates set forth in Section 4.6.9 for the permitted service, office and retail uses and for self - storage uses, parking shall be at a rate of one (1) parking space per 100 storage units or portion thereof, including (a) a minimuun of three (3) loading spaces for the self - service storage facility that must be striped and signed to limit the time for loading and unloading to one (1) hour; and in addition (b) three and one -half (35) spaces for each 1,000 square feet of accessory office use associated with the self - storage use. Notwithstanding the above, a minimum of five (5) parking spaces other than loading spaces shall be provided in connection with the self - storage use. d. At least 2,500 square feet of ground floor area shall be devoted to at least one additional principal retail or service use without limiting the foregoing. The additional principal uses may be eating and drinking establishments, retail or personal service. 3. Limitation of Uses: a Activities not related to the rental or lease of self - storage units shall not be conducted within the self service storage facility area, unless specifically permitted through the conditional use process. b. Except as otherwise provided in subsection (c), no business or activity other than self storage shall be conducted from any self - storage unit in the facility. Examples of prohibited uses include, but are not limited to the following the servicing. repair and /or restoration of automobiles, boats, recreational vehicles, and /or restoration of automobiles, boats, recreational vehicles, law uwv.ws and the like; moving and self- storage companies, cabinet malting and mod vmrking (whether personal or professional); personal hobbies and arts and crafts, and any other activity unless specifically permitted thrown the conditional use process. c. Except as otherwise provided in this subsection (c), there shall be no ORD. NO. 07 -09 electrical pourer provided to, or accessible from any individual self- storage units. This includes the provision of lighting fixtures to the interior of a self - storage unit, unless specifically addressed in the conditional use approval. The use of portable generators is also prohibited d The use or storage of any hazardous materials is prohibited e. the terms and conditions of this section shall be clearly expressed in all self - storage rental or leasing contracts, as well as conspicuously displayed in plain view on a sign no smaller than one foot (1) by two feet (2) in the leasing office at the facility. 4. On -Site Manager: An on-site manager shall be employed at the facility during all hours of operation 5. Hours of Operation: Customers of the self service storage facility may not access individual self - storage units before 5:00 am. or any later than 9:00 p.m. Hours of operation may be further restricted when it is deemed that moming and evening traffic into and out of the facility may negatively impact the character of an adjacent residential area In no circumstance shall customers of any self service storage facility have 24 hour access to their self - storage unit(s). 6. Landscape Requirements: In addition to all applicable landscape requirements and other special provisions pursuant to the individual zone district, a minimum ten foot (10) landscape buffer shall be required adjacent to Federal Highway and Dixie Highway and a minirnlun five foot (5) landscape buffer shall be required along all property lines that do not abut a roadway. 7. Outdoor Storage of vehicles, Boats & Truck Rental: Outdoor storage of boats and vehicles and truck rental is prohibited 8. Architecture: All self service storage facility buildings must comply with the following architectural standards. a Building facades visible from the public right -of -way shall have the appearance of a service and /or retail building through the use of doors, windows, awnings, and other appropriate building elements. b. Exterior building material shall be stucco or a similar material. c. Buildings that can accomrrodlate two or more stories shall be designed where facing a street to have the appearance of a multi-story building through the use of windows, doors, awnings, canopies or other appropriate building ORD. NO. 07 -09 • a a .. d Building facades facing a public right -of -way must have a 15% minimum transparency consisting of windows that provide visibility from the public right -of -way from the interior. e. Detailed building elevations shall be submitted prior to the Conditional Use public hearing. 9. Location: A self service storage facility shall not be located within a radius of 1,000 feet of another existing self service storage facility. (2 3)Four Corners Overlay District: The following supplemental district regulations apply to the Four Comers Overlay District, as defined in Section 4.5.14. (a) The permitted uses shall be those uses listed in Sections 4.4.9(B)(1,2,4,5). (b) The accessory uses shall be those uses listed in Section (C). (c) The conditional uses shall be those uses listed in Sections (D)(1,3,4,10,12,15, 20). (d) Standards Pertaining to Allocation of Uses: Office uses can encompass up to one hundred percent (100 %) of the total building square footage within a Four Comers Overlay master development plan 2. Retail uses shall not encompass rnore than one hundred percent (100%) of the total building area square footage of the Four Comers Overlay master development plan. 3. Hotels, motels, and residential all suite lodging shall not encompass more than 20% of the total building area square footage of the Four Comers Overlay master development plan. Notwithstanding the above, hotels, motels and residential all suite lodging can comprise 100% of the floor area of an individual building within a MDP containing multiple buildings. 4. Multi- family Dwelling Units: Multi- family uses excluding duplexes subject to (a)(b)(c)(d)(e) below, ranging in density not to exceed 30 units per acre subject to the following a Residential units may comprise 75% of the total floor area of the development master plan at a maximum density of (30) units per acre and only when proposed as part of a mixed -use development containing office ORD. NO. 07-09 and /or commercial uses. b. Residential developments must include a minimum of 20% workforce units consisting of moderate income workforce units as defined by Article 4.7 Family/Workforce Housing. c. Workforce units shall be subject to general provisions of Article 4.7.6, 4.7.7, 4.7.8, 4.7.9, and 4.7.10. d For mixed -use developments, the shared parking provisions of LDR Section 4.6.9. (C)(8) shall be allowed. e. All residential developments shall be subject to the Performance Standards of 4.4.13(1)(2) (e) Standards Unique to the Four Corners Overlay District: Where standards unique to the Four Comers 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% of the individual Four Comers Overlay District Master Development Plan (MDP) including the perimeter landscaped boundary, shall be in open space. Landscape areas required to meet internal parking lot design requirements, 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 4,000 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 development. 3. Office and Commercial Floor Heights shall be a minimum of twelve 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 minimrun of eight feet six inches (8' 6 ") 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. ORD. NO. 07-09 Section 3. That Section 4.4.13, "Central Buushiess (CBD) District ", Subsection (G), "Supplemental District Regulations ", Sub - Subsection (1), "Central Core and Beach Area Supplemental Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. (1) Central Core and Beach Area Supplemental Regulations: (a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south, the parking requirements for all non - residential uses, except restaurants, hotels and motels, and business and professional offices, shall be one space for each 300 square feet of gross floor area or fraction thereof. The parking required for the creation of new floor area, shall also include the replacement of any previously required parking which may be eliminated Within all other geographic areas of the Central Core and Beach Area within the CBD Zone District, the provisions of Section 4.6.9(C) shall apply, as further modified within this Subsection (G)(1). (b) When the parking requirements are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be allowed This exemption may only occur once per property. (c) If it is impossible or inappropriate to provide required parking on-site or off -site, pursuant to Subsection 4.6.9(E)(4), the in -lieu fee option provided in Section 4.6.9(E)(3) maybe applied (d) The parking mqurirement for restaurants is established at six (6) spaces per 1,000 square feet of gross floor area. (e) The parking requirement for hotels and motels within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south is established at 0.7 of a space for each guest room plus one (1) space per 300 sq. ft. of floor area devoted to ballrooms, meeting rooms, and shops and six (6) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges within the hotel or motel. (f) The parking requirements for residential units in multi- family structures and mixed -use buildings shall be as follows: ORD. NO. 07 -09 • Efficient dwe ' unit 1.0 space /unit • One bedroom dwellin g rmit 1.25 spaces /unit • Twn or more bedroom dwellir > unit 1.75 spaces /emit • Guest parldng shall be provided cumulatively as follows: - for the first 20 units 0.50 spacesAnt - for units 21 -50 0.30 es /unit - for units 51 and above 0.20 es /unit Within Townhouse and Townhouse type developments, parking may be provided in front of gmage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. Location of Guest Parking Spaces: Guest parlang spaces must be accessible to all visitors and guests and may be centralized or located near recreational features within a development project. (g) The parldng requirement for business and professional offices within the following portions of the CBD 9-A pof6on of the C13L) bounEled by Siy�4an Avenue on is established at one (1) space per 300 sq. ft. of net floor area. 1 The portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north the Intracoastal Waterway on the east and S.E. 2nd Street on the south; 2 The portion of the CBD bounded by N.E. 5th Avenue on the west, N.E. 6th Avenue on the east N.E. 2nd Street on the south and George Bush Blvd on the north; an d 3 The portion of the CBD bounded by S.E. 5th Avenue on the west, S.E. 6th Avenue on the east S.E. 2nd Street on the north and S.E. 4th Street on the south. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed ORD. NO. 07 -09 Secton . That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2009. ATTEST MAYOR City Clerk First Reading Second Reading- ORD. NO. 07-09 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: JANUARY 26, 2009 AGENDA NO: III.B. AGENDA ITEM: CONSIDERATION OF A CITY INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT ", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS ", AND SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT ", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS ", SUB - SUBSECTION (1) "CENTRAL CORE AND BEACH AREA SUPPLEMENTAL REGULATIONS ", TO CHANGE THE PARKING REQUIREMENTS FOR BUSINESS AND PROFESSIONAL OFFICES WITHIN CERTAIN PORTIONS OF THESE ZONING DISTRICTS. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding a City- initiated amendment to the Land Development Regulations dealing with the parking requirements for business and professional office development along the Federal Highway corridor. 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. BACKGROUND / ANALYSIS On October 10, 2008, the City received a memo from Francisco Perez -Azua, Architect and Vice Chair of the Chamber of Commerce Economic Development Committee. The memo outlined recommendations to incentivize office building development in Delray Beach. The recommendations presented in the memo build on the basic notion that a reduction in parking requirements for office development, and the allowance of various forms of automated parking systems, will provide the necessary incentives to promote office development. The Planning and Zoning Director reviewed the memo and noted that, while some of the proposals would require more in depth analysis, others could be reviewed more quickly and adopted immediately. As the first phase of the process, several of the recommendations were included in an LDR text amendment that was adopted by the City Commission on January 20, 2009. The current ordinance, which implements another of the Committee's recommendations, represents the next phase of the process. The remaining proposals will be reviewed and brought forth at a later date. PROPOSED LDR TEXT AMENDMENTS The purpose of the proposed amendment is to expand the area between the Federal Highway one -way pairs (5`h and 6`h Avenues) where the parking requirement for business and professional offices is 1 space per 300 square feet of net floor area. The area has been expanded to include the area from N.E. 2nd Street to George Bush Boulevard on the north, and from S.E. 2 d Street to S.E. 10th Street on the south. The parking requirement for business and M Planning and Zoning Board Memorandum Staff Report, January 26, 2009 Amendment to LDRs - Federal Highway Office Parking Page 2 professional offices within this expansion area is currently 4 spaces per 1,000 sq. ft. of net floor area up to 3,000 sq. ft. and then 3.5 spaces per 1,000 square feet of net floor area over the initial 3,000 square feet. It is anticipated that the decreased costs associated with the reduced parking requirements will help to encourage additional office development in this area. As an example, the parking requirement of a 10,000 sq. ft. office building will be reduced by 4 spaces (from 37 to 33 spaces) with the proposed amendment. Although this change will result in a reduction in the total parking requirements for business and professional offices of all sizes, the highest percentage reductions will occur for buildings under 3,000 square feet. It is also noted that small additions to existing buildings may be possible without the requirement for any additional parking with the adoption of this amendment. REQUIRED FINDINGS LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(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. Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and the following applicable objective and policies were noted: Future Land Use Element Objective C -4 The Central Business District (CBD) represents the essence of what is Delray Beach i.e. a "village like, community by the sea ". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan of 'A City Set Apart In South Florida ". The following policies and activities shall be pursued in the achievement of this objective. Policy C -4.1 The Central Business District (CBD) Zoning District regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: Ll deletion of inappropriate uses ❑ incentives for locating retail on the ground floor with office and residential use on upper floors O accommodating parking needs through innovative actions O incentives for dinner theaters, playhouses, and other family oriented activities O allowing and facilitating outdoor cafes O incentives for mixed use development and rehabilitations O elimination of side yard setback requirements O allow structural overhang encroachments into required yard areas Planning and Zoning Board Memorandum Staff Report, January 26, 2009 Amendment to LDRs - Federal Highway Office Parking Page 3 Policy C -4.2 The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between 1 -95 and A -1 -A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village like, community by -the -sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing /economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. The above objective and policies seek to continue the revitalization of the Central Business District by providing development incentives and accommodating a range of uses. The Downtown Delray Beach Master Plan includes recommendations for the development of a shared parking program aimed at reducing the impact of large areas of parking on the urban fabric. The proposed text amendment is intended to provide an incentive for additional office development within the Federal Highway corridor in the Central Business District and the area immediately south of it. This reduction in the parking requirements for office uses will promote shared parking and use of public transportation. Based on the above, a positive finding can be made that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. REVIEW BY OTHERS Courtesy Notices: Courtesy notices were provided to the following homeowner and civic associations: ■ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. On January 22, 2009, the Community Redevelopment Agency (CRA) recommended approval of the proposed text amendment. A review of the amendment by the Parking Management Advisory Board (PMAB) and Downtown Development Authority (DDA) will occur after the Planning and Zoning Board Meeting. The recommendations of those agencies will be provided to the City Commission prior to adoption of the amendment. ASSESSMENT AND CONCLUSION The purpose of this text amendment is encourage business and professional office development along the Federal Highway corridor by reducing the costs associated with the provision of off - street parking. Positive findings can be made with respect to LDR Section 2.4.5(M)(5). RECOMMENDED ACTION Move a recommendation of approval to the City Commission for a City- initiated amendment to Land Development Regulations Section 4.4.9, "General Commercial (GC) District ", Subsection (G), "Supplemental District Regulations ", and Section 4.4.13, "Central Business (CBD) District ", Subsection (G), "Supplemental District Regulations ", Sub - Subsection (1) "Central Core and Planning and Zoning Board Memorandum Staff Report, January 26, 2009 Amendment to LDRs - Federal Highway Office Parking Page 4 Beach Area Supplemental Regulations ", to change the parking requirements for business and professional offices within certain portions of these zoning districts, 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 • Location Map • Proposed Ordinance 07 -09 s: \planning & zoning \boards \p &z board \ldr amendment - federal highway office parking.doc longs 51::...� C i■■i■i �I■■■■■■ J■■■■■■■ :..:.■: °—I =1 IR�1111111� 111��1�1■ 111•t� II ns a rn 0 0 N C6 T 2 U_ cc I, in 3 z U m d e 0 �a 0 m E 0 U N N U 0 fl 3 3 CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO CHANGE THE PARKING REQUIREMENTS FOR BUSINESS AND PROFESSIONAL OFFICES WITHIN CERTAIN PORTIONS OF THE GC AND CBD ZONING DISTRICTS The City Commission of the City of Delray Beach, Florida, proposes to adopt the following ordinance: ORDINANCE NO. 07-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT ", SUBSEC- TION (G), "SUPPLEMENTAL DISTRICT REGULATIONS ", AND SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS ", SUB - SUBSECTION (1) "CENTRAL CORE AND BEACH AREA SUPPLEMENTAL REGULA- TIONS", TO CHANGE THE PARKING REQUIREMENTS FOR BUSINESS AND PROFESSIONAL OFFICES WITHIN CERTAIN PORTIONS OF THESE ZONING DISTRICTS; PROVIDING A SAVING CLAUSE, A GENERAL 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 FEBRUARY 17 2009 AT 7:00 P.M. in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, gelray Beach, Florida. If the proposed ordinance is passed on first reading, a second Public Hearing will be held on TUESDAY MARCH 3 2009 AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission) in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. All interested citizens are invited to attend the public hearings and comment upon the proposed ordinance or submit their comments in 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, please contact the Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (email at pzmail @mydelraybeach.com) or by calling 561/243- 7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at these hearings, such person may need to ensure that a verbatim record include the testimony and evidence upon which the appeal is to be based. The C does not provide nor prepare such record pursuant to F.S. 286.0105. 'ublished: Sunday, February 8, 2009 Tuesday, February 24, 2009 Boca Raton /Delray Beach News CITY OF DELRAY BEACH Chevelle D. Nubin, CMC City Clerk cc W ���