Ord 45-11ORDINANCE NO. 45-11
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 ", SUB - SUBSECTION
(3), "FOUR CORNERS OVERLAY DISTRICT "; TO CORRECT
OUTDATED REFERENCES THEREIN; PROVIDING A SAVING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 November 21, 2011 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, "General Commercial (GC) District ", Subsection (D),
"Supplemental District Regulations ", Sub - Subsection (3), "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:
(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) , 20 and
24) . (2, 3. 9, 11, 14, 19, and 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.
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:
2 ORD. NO 45 -11
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% of the individual Four Corners Overlay
District Master Development Plan (MDP) including the perimeter
landscaped boundary, shall be in open space. 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 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.
3 ORD NO. 45-11
PASSED AND ADOPTED in regular session on second and final reading on this the 3 "
day of January, 2012.
ATTEST
City Clerk
First Reading �G'CP.rY� b1 t
Second Reading - dq anu 3 It
4
4)'O-WA Q5 —
MAYORO)
ORD NO. 45-11
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: December 9, 2011
SUBJECT: AGENDA ITEM 10.E. - REGULAR COMMISSION MEETING OF JANUARY 3.2012
ORDINANCE NO. 45-11
ITEM BEFORE COMMISSION
Page 1 of 1
This ordinance is before Commission for second reading to consider a city- initiated amendment to Land
Development Regulations (LDR) Section 4.4.9, "General Commercial (GC) District ", Subsection (G),
"Supplemental District Regulations ", Sub - subsection (3), "Four Corners Overlay District ", to correct
outdated references.
BACKGROUND
At the first reading on December 6, 2011, the Commission passed Ordinance No. 45 -11.
RECOMMENDATION
Recommend approval of Ordinance No. 45 -11 on second and final reading.
http:// agendas. mydelraybeach. com /Bluesheet.aspx ?ItemID= 5215 &MeetinglD =340 1/3/2012
ORDINANCE NO. 45-11
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 ", SUB - SUBSECTION
(3), "FOUR CORNERS OVERLAY DISTRICT "; TO CORRECT
OUTDATED REFERENCES THEREIN; 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 November 21, 2011 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 Conmussion 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, "General Commercial (GC) District ", Subsection (D),
"Supplemental District Regulations ", Sub- Subsection (3), "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:
(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`�' ?, 1 520 -an
21) . (2, 3, 9, 11,14,19, and 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 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 ma=ture 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.
e. All residential developments shall be subject to the Performance Standards
of 4.4.13(1)(2)
ORD. NO 45 -11
(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.
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. 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 tvwlve 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 plumnbing 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
ORD. NO 45 -11
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2012.
ATTEST
City Clerk
First Reading
Second Reading
MAYOR
ORD. NO 45 -11
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Ronald Hoggard, AICP, Principal Planner
Mark McDonnell, AICP, Assistant Director Planning and Zoning
THROUGH: City Manager
DATE: November 21, 2011
Page 1 of 1
SUBJECT: AGENDA ITEM 12.B. - REGULAR COMMISSION MEETING OF DECEMBER 6, 2011
ORDINANCE NO. 45-11
ITEM BEFORE COMMISSION
Consideration of a city- initiated amendment to the Land Development Regulations (LDRs) to correct
outdated references concerning the conditional uses allowed within the Four Comers Overlay District.
BACKGROUND
The permitted, assessory and conditional uses allowed within the Four Comers Overlay District are
specified within the "Supplemental District Regulations" section of the General Commercial (GC)
District through references to specific uses (by number) in the Permitted, Assessory and Conditional
Use sections of the District. Earlier this year, there was a change in the numbering of the uses listed
within the "Conditional Uses and Structures Allowed" Section, which made the references used for the
Four Comers Overlay District incorrect. The proposed amendment corrects these references.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding
that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the
Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and
Policies of the Comprehensive Plan, it is not inconsistent with them.
REVIEW BY OTHERS
The Planning and Zoning Board recommended approval on a 7 to 0 vote at its November 21, 2011
meeting.
RECOMMENDATION
By motion, approve Ordinance No. 45 -11 on first reading for a City- 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:// itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemlD= 5142 &MeefngID =363 12/9/2011
PLANNING AND ZONING BOARD
STAFF REPORT
MEETING DATE: NOVEMBER 21, 2011
AGENDA NO: IV. A.
AGENDA ITEM: CONSIDERATION OF A CITY- INITIATED AMENDMENT TO LAND
DEVELOPMENT REGULATIONS (LDRS) SECTION 4.4.9, "GENERAL
COMMERCIAL (GC) DISTRICT ", SUBSECTION (G),
"SUPPLEMENTAL DISTRICT REGULATIONS ", SUB - SUBSECTION
(3), "FOUR CORNERS OVERLAY DISTRICT ", TO CORRECT AN
OUTDATED REFERENCES
ITEM BEFORE THE BOARD
The item before the Board is to make a recommendation to the City Commission regarding a
city- initiated amendment to Land Development Regulations (LDRs) Section 4.4.9, "General
Commercial (GC) District', Subsection (D), "Supplemental District Regulations ", Sub - Subsection
(3), "Four Corners Overlay District', to provide for housekeeping corrections to outdated
references pursuant to LDR Section 2.4.5(M).
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
Periodically, during review of the Land Development Regulations, it is discovered that LDR text
amendments were processed which changed section numbers, but corresponding references to
those Sections elsewhere in the code were not amended.
The permitted, assessory and conditional uses allowed within the Four Corners Overlay District
are specified within the "Supplemental District Regulations" section of the General Commercial
(GC) District through references to specific uses (by number) in the Permitted, Assessory and
Conditional Use sections of the District. Earlier this year, there was a change in the numbering
of the uses listed within the "Conditional Uses and Structures Allowed" Section, which made the
references used for the Four Corners Overlay District incorrect. The proposed amendment
corrects these references.
REQUIRED FINDINGS I
Comprehensive Plan Conformance
LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the
text amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives
and Policies of the Comprehensive Plan, it is not inconsistent with them.
Planning and Zoning Board Meeting, November 21, 2011
LDR Amendment — References Correction for Four Corners Overlay District Regulations
RECOMMENDED ACTION
By motion, recommend to the City Commission approval of the amendment to Land
Development Regulations Section 4.4.9, "General Commercial (GC) District', Subsection (D),
"Supplemental District Regulations ", Sub - Subsection (3), "Four Corners Overlay District', to
correct outdated references therein, 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).
Attachment:
■ Proposed Ordinance No. 45 -11
2
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