Ord 43-98
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ORDINANCE NO. 43-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.3.4 OF
THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH BY REPEALING SECTION 4.3.4(E) ,
"FRONTAGE" , AND ENACTING A NEW SECTION 4.3.4(E) ,
"FRONT AND FRONTAGE II , TO PROVIDE CLARIFYING
LANGUAGE; AMENDING APPENDIX "All (DEFINITIONS) BY
REPEALING THE CURRENT DEFINITION OF 'FRONTAGE' AL"\ID
ENACTING A NEW DEFINITION OF ' FRONTAGE' , AND BY
ENACTING A NEW DEFINITION OF I LOT FRONT'; 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
on September 28, 1998, and voted unanimously to recommend that it 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
objectives and policies of the Comprehensive Plan; and
WHEREAS, minor changes and clarifications not affecting the
aforesaid determinations were made at the time of the original first
reading of this ordinance on October 6, 1998; and
WHEREAS, a second first reading was scheduled and held on
the ordinance as changed on October 20, 1998, and a second reading
and public hearing has been scheduled as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations II ,
Article 4.3, "District Regulations, General Provisions II, Section
4.3.4, "Base District Development Standards II, Subsection 4.3.4 (E) ,
II Frontage " , of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby repealed and a new
Subsection 4,3.4(E) is hereby enacted to read as follows:
.
·
.Œl. Front and Frontaqe:
(1) Each lot is reauired to have frontaqe.
(2) On curvinq streets and cul-de-sacs the frontaqe
may be reduced by 40% provided the centerline radius of the street is
100 feet or less.
(3) The front of a lot is the side with frontaqe on a
street. For corner lots. the side havinq the least street frontaqe
shall be the front for setback purposes. Where a corner lot or
throuqh lot has frontaqe on an arterial or collector street. the
front shall be the side with frontaqe on the arterial or collector.
For lots with frontaqe on both an arterial and a collector, the front
shall be the arterial frontaqe.
( 4 ) Notwithstandinq the previous description. if a
limited access easement or limited access riqht-of-way runs the
lenqth of the frontaqe on a street, then the front of the lot shall
be on a frontaqe without such access restrictions.
Section 2. That Appendix "A" (Definitions) of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended by repealing the current definition of
'Frontage' in its entirety, and enacting a new definition of
'Frontage' to read as follows:
FRONTAGE: A lot boundary adioininq a street.
Section 3. That Appendix "A" (Definitions) of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended by enacting a definition of 'Lot Front' to
read as follows:
LOT FRONT : The front of a lot is the side with
frontaqe on a street. For corner lots, the side
havinq the least street frontaqe shall be the front
for setback purposes, Where a corner lot or
throuqh lot has frontaqe on an arterial or
collector street, the front shall be the side with
frontaqe on the arterial or collector. For lots
with frontaqe on both an arterial and a collector,
the front shall be the arterial frontaqe.
Notwithstandinq the previous description. if a
limited access easement or limited access
riqht-of-way runs the lenqth of the frontaqe on a
street. then the front of the lot shall be on a
frontaqe without such access restrictions.
- 2 - Ord. No. 43-98
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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 S. 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 November , 1998.
,
ATTEST:
OJ¡ ~'f!J4.J/¡ (~ JlrJ7i;¡
Clty erk
First Reading October 20, 1998
Second Reading November 3, 1998
- 3 - Ord. No. 43-98
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt~¡V~
SUBJECT: AGENDA ITEM /Oß-'REGULAR MEETING OF NOVEMBER 3, 1998
ORDINANCE NO. 43-98 (DEFINITION OF FRONTAGE AND LOT
FRONT )
DATE: OCTOBER 2 9 , 1998
This is second reading and a public hearing for Ordinance No,
43-98 which amends LDR Section 4.3.4 by repealing Section
4,3,4 (E), "Frontage" , and enacting a new Section 4.3.4(E) I "Front
and Frontage" , to provide clarifying language, It also amends
Appendix "A" (Definitions) by repealing the current definition of
'frontage' and enacting a new definition of I frontage' , and by
enacting a new definition of 'lot front' .
The Planning and Zoning Board considered a similar text amendment
at a public hearing on September 28, 1998, and voted unanimously
to recommend that it be approved. At first reading on October
6th, staff requested a postponement to further refine the proposed
amendment and the Commission delayed consideration to the October
20th meeting. Some minor changes and clarifications were made to
the ordinance although they did not affect the determinations
previously made by the Planning and Zoning Board, At the second
first reading on October 20th, the ordinance was passed by
unanimous vote of the City Commission,
Recommend approval of Ordinance No. 43-98 on second and final
reading.
ref:agmemo19
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ORDINANCE NO, 43-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.3.4 OF
THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH BY REPEALING SECTION 4,3.4(E),
"FRONTAGE" , AND ENACTING A NEW SECTION 4.3.4(E) ,
II FRONT AND FRONTAGE II , TO PROVIDE CLARIFYING
LANGUAGE; AMENDING APPENDIX "A" (DEFINITIONS) BY
REPEALING THE CURRENT DEFINITION OF 'FRONTAGE' AL"ID
ENACTING A NEW DEFINITION OF I FRONTAGE' , AND BY
ENACTING A NEW DEFINITION OF 'LOT FRONT I ; 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
on September 28, 1998, and voted unanimously to recommend that it 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
objectives and policies of the Comprehensive Plan; and
WHEREAS, minor changes and clarifications not affecting the
aforesaid determinations were made at the time of the original first
reading of this ordinance on October 6, 1998; and
WHEREAS, a second first reading was scheduled and held on
the ordinance as changed on October 20, 1998, and a second reading
and public hearing has been scheduled as required by law,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, II Zoning Regulations" ,
Article 4,3, "District Regulations, General Provisions II, Section
4.3,4, IIBase District Development Standards II , Subsection 4.3,4 (E),
IIFrontagell, of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby repealed and a new
Subsection 4.3.4(E) is hereby enacted to read as follows:
.
1& Front and Frontaqe:
(1) Each lot is required to have frontaqe.
( 2 ) On curvinq streets and cul-de-sacs the frontaqe
may be reduced by 40% provided the centerline radius of the street is
100 feet or less,
(3) The front of a lot is the side with frontaqe on a
street. For corner lots, the side havinq the least street frontaqe
shall be the front for setback purposes. Where a corner lot or
throuqh lot has frontaqe on an arterial or collector street, the
front shall be the side with frontaqe on the arterial or collector.
For lots with frontaqe on both an arterial and a collector, the front
shall be the arterial frontaqe.
( 4 ) Notwithstandinq the previous description. if a
limited access easement or limited access riqht-of-way runs the
lenqth of the frontaqe on a street, then the front of the lot shall
be on a frontaqe without such access restrictions.
Section 2, That Appendix "A" (Definitions) of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended by repealing the current definition of
'Frontage' in its entirety, and enacting a new definition of
'Frontage' to read as follows:
FRONTAGE: A lot boundary adloininq a street.
Section 3 . That Appendix IIAII (Definitions) of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended by enacting a definition of 'Lot Front' to
read as follows:
LOT FRONT: The front of a lot is the side with
frontaqe on a street, For corner lots, the side
havinq the least street frontaqe shall be the front
for setback purposes, Where a corner lot or
throuqh lot has frontaqe on an arterial or
collector street, the front shall be the side with
frontaqe on the arterial or collector. For lots
with frontaqe on both an arterial and a collector,
the front shall be the arterial frontaqe.
Notwithstandinq the previous description. if a
limited access easement or limited access
riqht-of-way runs the lenqth of the frontaqe on a
street. then the front of the lot shall be on a
frontaqe without such access restrictions,
- 2 - Ord, No. 43-98
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i Section 4. That should any section or provision of this
I
I ordinance or any portion thereof, any paragraph, sentence or word be
1
I declared by a court of competent jurisdiction to be invalid, such
I decision shall not affect the validity of the remainder hereof as a
:1 whole or part thereof other than the part declared to be invalid,
II 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,
I PASSED AND ADOPTED in regular session on second and final
I reading on this the day of , 1998.
I MAY 0 R
I ATTEST:
I
!
I City Clerk
I
I First Reading
Second Reading
I
I
I
- 3 - Ord. No. 43-98
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ CITY MANAGER
SUBJECT: AGENDA ITEM/JIJ - REGULAR MEETING OF OCTOBER 20. 1998
ORDINANCE NO. 43-98 (DEFINITION OF FRONTAGE AND LOT
FRONT)
DATE: OCTOBER 16, 1998
This is first reading for Ordinance No. 43-98 which amends LDR
Section 4.3.4 by repealing Section 4.3.4 (E), "Frontage" , and
enacting a new Section 4.3.4(E), "Front and Frontage", to provide
clarifying language. It also amends Appendix "A" (Definitions) by
repealing the current definition of 'frontage' and enacting a new
definition of ' frontage' , and by enacting a new definition of 'lot
front' ,
The Planning and Zoning Board considered a similar text amendment
at a public hearing on September 28, 1998, and voted unanimously
to recommend that it be approved. Originally scheduled for first
reading on October 6th, staff requested a postponement to further
refine the proposed amendment and the Commission delayed
consideration to the October 20th meeting, Some minor changes and
clarifications have since been made although they do not affect
the determinations previously made by the Planning and Zoning
Board.
Recommend approval of Ordinance No. 43-98 on first reading. If
passed, a public hearing will be scheduled for November 3, 1998.
,${~
f~ c5"O
ref:agmemo19
ORDINANCE NO. 43-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4,3.4 OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRA Y
BEACH BY REPEALING SECTION 4.3.4(E), "FRONTAGE", AND
ENACTING A NEW SECTION 4,3.4(E), "FRONT AND FRONTAGE",
TO PROVIDE CLARIFYING LANGUAGE; AMENDING APPENDIX
"A" (DEFINITIONS) BY REPEALING THE CURRENT DEFINITION
OF 'FRONTAGE' AND ENACTING A NEW DEFINITION OF
'FRONTAGE', AND BY ENACTING A NEW DEFINITION OF LOT
'FRONT'; PROVIDING A SA VING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1,1.6, the Planning and Zoning Board reviewed the
amendment at a public hearing on September 28, 1998, and voted unanimously to recommend that it be
approved; and
WHEREAS, pursuant to Florida Statute l63.3l74(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the
objectives and policies of the Comprehensive Plan; and,
WHEREAS, minor changes and clarifications not affecting the aforesaid determinations
were made at the time of the original first reading of this ordinance; and,
WHEREAS, a second first reading is now scheduled on the ordinance as changed and a
second reading and public hearing will be scheduled as required by law.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH AS FOLLOWS:
Section 1, That Chapter Four, "Zoning Regulations", Article 4.3, "District Regulations,
General Provisions", Section 4.3.4, "Base District Development Standards", Subsection 4,3.4(E),
"Frontage", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is
hereby repealed and a new Subsection 4.3.4(E) is hereby enacted to read as follows::
(E) Front and Frontage:
(1) Each lot is required to have frontage.
(2) On curving streets and cul-de-sacs the frontage may be reduced by 40%
provided the centerline radius of the street is 100 feet or less.
'.
(3) The front of a lot is the side with frontage on a street. For comer lots, the
side having the least street frontage shall be the front for setback purposes, Where a comer lot or
through lot has frontage on an arterial or collector street, the front shall be the side with frontage on
the arterial or collector. For lots with frontage on both an arterial and a collector, the front shall be
the arterial frontage,
(4) Notwithstanding the previous description, if a limited access easement or
limited access right-of-way runs the length of the frontage on a street, then the front of the lot shall
be on a frontage without such access restrictions,
Section 2. That Appendix "A" (Definitions) of the Land Development Regulations of the
City of Delray Beach, Florida, be, and the same is hereby amended by repealing the current definition of
"Frontage" in its entirety, and enacting a new definition of "Frontage" to read as follows::
Frontage: A lot boundary adjoining a street.
Section 3, That Appendix "A" (Definitions) of the Land Development Regulations of the
City of Delray Beach, Florida, be, and the same is hereby amended by enacting a definition of "Lot Front",
to read as follows:
Lot Front: The front of a lot is the side with frontage on a street. F or comer lots, the
side having the least street frontage shall be the front for setback purposes, Where a comer lot or
through lot has frontage on an arterial or collector street, the front shall be the side with frontage on
the arterial or collector. For lots with frontage on both an arterial and a collector, the front shall be
the arterial frontage. Notwithstanding the previous description, if a limited access easement or
limited access right-of-way runs the length of the frontage on a street, then the front of the lot shall
be on a frontage without such access restrictions.
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.
2 ORD NO. 43-98
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PASSED AND ADOPTED in regular session on second and final reading on this the _
day of ,1998.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
tfontage,ord
10/16/98
3 ORD NO. 43-98
"
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WED 11:11 FAX 407 278 4755 DEL BCH CTY ATTY
10/14198
.
FRONTAGE:
LOT FRONT:
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lo
f='rom tb
'"::b 1(\ )'\.Q. (YIi ~ )~
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WED 11:12 FAX 407 278 4755 DEL sell CTY ATTY
10/14/98
- .
(E) F J)JJ.t ~nd Frontag~
(1) Each lot is requireå to have frontage.
(2) On curving street$ and cul-de-sacs the frontage may be reduced by 40%
provided the centenine radius of the street is 100 feet or less,
(3) The front of a lot is the side with frontage on a street. For comer lots. the
side having the least street frontage shall be the front for setback purposes, Where a
corner lot or through lot has frontage on an arterial or collector street. the front shall be
the side with frontage on the arterial or collector. For lots with frontage on both an
arterial and a collector, the front shall be the arterial frontage.
(4) Notwithstanding the previous description, if a limited access easement or
limited access right-of-way runs the length of the frontage on a street, then the front of
the fot shall be on a frontage without such access restrictions.
:f··,· ;;f':~:>··:;¡
(!~~ P,..'(f7't
Boca RatonNéws,Frld~~--,-_~ctober ~3, t 998 > 7C
I: em Of",Y -. FUIIIIIIA 1 (DEfINITlONSl BY AEPEALING THE
. IIØIICI Of I'UIUC IIUIIIIIG CURRENTDE~INITION OF
'FRONTAGE" AND ENACTING A NEW
A PUBLIC HEARiNG will be hold on \he DEANITlON OF "FRONTAGE", AND
onIinances at 7:00 BY £NACT1NG A NEW DEFINITlON OF
~ November 3, 1998 LOT "FRONT'; PROVIDING A SAVING
1O<1I1IIY~OIsuch..-.g ClAUSE, A GENERAL REPEAlER
wt1ich is sot by tile CommissIon), In aAUSE. AND AN EFfECTIVE DA'!<,
\he City CorivnISSion Chambers, 100 .
N,W, 1st Avenue, Delray Bøach, Ror1- Please be advise<fthal W a",",,""
I ill. at which lime the City Commission decides to a I J08i any decision made
will consider tIIeii adopIion, The pro- by the CIty éòmmission wIIh IOS )OC\
, IIOS8d ordinances may be Inspec\Id at to any .... ~ at these
!he 0IfIœ o the CiIy Cleft< at CIty Hall, 1IeørtnOs, such peIIOI1 may .- to
100 N,W, 1st Avenue, DeIray Beach, ........ thai a ..- IIICord
fIDrIda. ~ the I10uIs 01 8:00 I,m, h*Idos \he 1IStimOny and evtdenœ
.., 5:00 pm" Mondaylhrougll Friday, upon,_ the appeal Is to be based,
, uœpt holidays, All tnteresl8d patties The CIty does not provide nor prepare
I"'" invited to attend and be heard wIIh soch J1ICQrd, Pursuant to FS,
respect to \he prOp09Od ordinances. 286.01 OS,
¡ ÐIIIIIWICE 110,_ Publish October 23,1998
¡ AN OROINANCE OF TH£ CITY COM. ~1~~; News
MISSION OF THE CITY OF DELRAY
BEACH, A..ORIOA. AMENDING SEC. _~u,' ---
I TION 4,3,4{]F TH£ lAND DEVELop·
iÆNT REGUlATIONS OF THE CITY
OF DELRAY BEACH BY REPEALING
SECTION 4,3,4 (E), "FRONTAGE",
AND ENACTING A NEW SECTION
4,3,4 (E), "FRONT ANO FRONTAGE",
TO PROVIDE ClARIFYING lAN-
GUAGE; AMENDING APPENOIX "A"
..
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ CITY MANAGER
SUBJECT : ~ AGENDA ITEM IA E- REGULAR MEETING OF OCTOBER 6 I 1998
ORDINANCE NO. 43-98 (DEFINITION OF FRONTAGE)
DATE: OCTOBER 2, 1998
This is first reading for Ordinance No. 43-98 which amends LDR
Section 4.3.4 (E), "Frontage" , and Definitions at Appendix "A" to
provide clarifying language and correct inconsistencies between
the descriptions of frontage in each of these code sections.
The Planning and Zoning Board considered the text amendment at a
public hearing on September 28, 1998, and voted unanimously to
recommend that it be approved.
I agree these sections of the code need to be amended, I am
concerned, however, that the proposed amendment perpetuates the
current situation where the definition contains substantive code
provisions and the body of the code contains the definition, I
have not had the opportunity to fully discuss this with the City
Attorney. After discussion with her, we may have some changes to
make to the ordinance at the meeting,
jqg
Jo lo/~
f~~
r 5/0
ref:agmemo19
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.
,
ORDINANCE NO. 43-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.3.4 (E) ,
II FRONTAGE" , OF THE LAND DEVELOPMENT REGULATIONS OF
THE CITY OF DELRAY BEACH, TO PROVIDE CLARIFYING
LANGUAGE IN THE DESCRIPTION OF FRONTAGE; AMENDING
APPENDIX "A" (DEFINITIONS) BY REPEALING THE CURRENT
DEFINITION OF 'FRONTAGE' AND ENACTING A NEW
DEFINITION OF 'FRONTAGE' CONSISTENT WITH THE
DESCRIPTION AT SECTION 4.3.4 (E) ; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING 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
on September 28, 1998, and voted unanimously to recommend that it 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
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
'I THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
!I
Section 1. That Chapter Four, "Zoning Regulations II ,
Article 4.3, "District Regulations, General Provisions" , Section
4.3.4, "Base District Development Standards II, Subsection 4.3.4(E),
II Frontage II , of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as
follows:
(E) Frontage:
(1) Each lot is required to have frontage.
I (2) Frontage is the shortest property line adjacent
to a public street, except for property lines which abut an arterial
I or collector street, in which case the lot line along said street
I
! shall be deemed to be the frontage. In situations where an arterial
and a collector intersect, the frontage shall be along the arterial. I
it !
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II if I
II (3) Notwithstanding the previous description, a
property line adjacent to a public street has a limited access I
:, easement or limited access riqht-of-wav running the length of such
I adjacent property line, t~/t~ý¢t/¢t/~~¢/~¢¢~pt~¢/~ý/t~~/¢ttý/ /¢~¢~
I
!
I Xt~~/¢~~XX/~¢t/~~/¢~~~~¢ the frontage shall be on a t>ublic street
other than the street adiacent to the limited access easement or
limited access riqht-of-wav: t>rovided. however, that nothinq
contained herein shall t>ermit adult entertainment uses on t>rot>erties
adiacent to arterial roads.
I
I (4) Frontage curving streets and cul-de-sacs t~~
! on
tt¢~t~Ð~ may be reduced by 40% provided the centerline radius of the
i street is 100 feet or less.
I
Section 2. That Appendix "A" (Definitions) of the Land
I Development Regulations of the City of Delray Beach, Florida, be, and
I
I the same is hereby amended by repealing the current definition of
I 'Frontage' in its entirety, and enacting a new definition of
I
'Frontage' to read as follows: ,
,
I
I FRONTAGE: Frontaqe is the shortest t>rot>ertv line
I adiacent to t>ublic street. excet>t for t>ropertv
a
lines which abut an arterial or collector street.
I in which case the lot line alonq said street shall
I be deemed to be the frontaqe. In situations where
ì
I an arterial and a collector intersect, the frontaqe
, shall be alonq the arterial. Notwithstandinq the
I
t>revious descrit>tion, if a t>rot>ertv line adiacent
to a t>ublic street has a limited access easement or
limited access riqht-of-wav runninq the lenqth of
such adiacent t>rot>ertv line, the frontaqe shall be
on a t>ublic street other than the street adiacent
I to the limited access easement or limited access
riqht-of-wav: t>rovided, however, that nothinq
contained herein shall t>ermit adult entertainment
i uses on t>rot>erties adiacent to arterial roads.
I Frontaqe on curved streets and cul-de-sacs may be
reduced bv 40% t>rovided the centerline radius of
the street is 100 feet or less.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
- 2 - Ord. No. 43-98
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,
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I
I
i Section 4. That should any section or provision of this
i
I ordinance or any portion thereof, any paragraph, sentence, or word be
, declared by a court of competent jurisdiction to be invalid, such
I
i decision shall not affect the validity of the remainder hereof as a
I whole or part thereof other than the part declared to be invalid.
I Section 5. That this ordinance shall become effective
immediately upon its passage on second and final reading.
I
i PASSED AND ADOPTED in regular session on second and final
ì
I reading on this the day of 1998.
1 ,
I
MAYOR
ATTEST:
I
City Clerk
First Reading I
¡
I
Second Reading ,
I
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II
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- 3 - Ord. No. 43-98
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DI\,;
tJi/ )
TO: DAVID T. HARDEN
CITY MANAGER
FROM: DIANE DOMINGUEZ, DIRECTOR
~~LANNING AND ZONING
...- ~~
SUBJECT: MEETING OF OCTOBER 6, 19
AMENDMENT TO LDR SECTION 4.3.4(E) AND APPENDIX "A",
REGARDING THE DEFINITION OF FRONTAGE
This amendment will modify Land Development Regulations (LOR) Section 4,3.4,
Frontage, and Appendix "A", Definitions, to provide clarifying language and
correct inconsistencies between the descriptions of frontage in each of these
sections. Additional background and analysis is provided in the P&Z staff report,
The Planning and Zoning Board held a public hearing on this item on September
28, 1998, No one from the public spoke regarding the amendment. The Board
voted 7-0 to recommend approval of the amend ment as presented,
I I
By motion, approve the proposed amendment to Section 4.3.4(E) and Appendix
"A" of the Land Development Regulations, amending the definition of frontage as
described in this report, based upon the findings and recommendation of the
Planning and Zoning Board,
Attachments:
. P&Z Staff Report
.
t ,MêD~Nij1!JAsll.lI.RËi.ifijr
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MEETING OF: SEPTEMBER 28,1998
AGENDA ITEM: IV.J. AMENDMENT TO SECTION 4.3.4(E) AND
APPENDIX "A" OF THE LAND DEVELOPMENT
REGULATIONS, REGARDING THE DEFINITION OF
FRONTAGE
I _JI
The item before the board is an amendment to Land Development Regulations
Section 4,3.4 (E), Frontage, and Appendix "A", Definitions, dealing with the
definition of "frontage", Pursuant to Section 1,1,6(A), the Planning and Zoning
Board must hold a public hearing and make a recommendation on any
amendment to the LDRs.
I I
The LDRs define frontage as "the shortest property line adjacent to a public
street, except for property lines which abut an arterial or collector street, in which
case the lot line along said street shall be deemed to be the frontage. In
situations where an arterial and a collector intersect, the frontage shall be along
the arterial." An exception to this definition is in the case of a property line having
a limited access easement. These are easements, which prohibit vehicular
access to and from the site onto the adjacent roadway. The LDRs state that if
such an easement exists along a property line, that property line shall not be
considered the frontage,
On September 8, 1998 the City Commission adopted new regulations pertaining
to adult entertainment establishments, The regulations state that such
establishments may not locate on properties having frontage on arterial
roadways, This was intended to prevent adult oriented businesses from locating
on Congress or Atlantic Avenues, It is possible however, that properties located
along those arterials may have limited access easements that would preclude the
arterial from being deemed the' frontage. In order to clarify the ordinance to
ensure that these types of business do not locate on properties adjacent to an
arterial, which was the intent of the language contained in the adult entertainment
ordinance, this amendment to Section 4,3.4(E) regarding frontage is proposed,
It is also noted that the existing definition of frontage in Appendix "A" appears to
have some relevant language missing, and is not consistent with the definition in
Section 4.3.4. It is recommended that the current definition be repealed in its
entirety and replaced with a new definition that will correct those discrepancies.
P&Z Board Memorandum Staff Report
LDR Amendments RE: Frontage
Page 2
I ---II
The proposed amendment in strike-out and underline form is as follows:
Section 4.3.4(E) Frontage:
(1) Each lot is required to have frontage,
(2) Frontage is the shortest property line adjacent to a public street, except for
property lines which abut an arterial or collector street, in which case the lot
line along said street shall be deemed to be the frontage. In situations where
an arterial and a collector intersect, the frontage shall be along the arterial.
(3) Notwithstanding the previous description, if a property line adjacent to a
public street has a limited access easement or limited access right-of-way
running the length of such adjacent property line, in f:1v9r 9f :1F19 :1GGQ~t89 by
tt:19 City Ey~h Iirxl9 Eh:111 m~t b8 9881+199 the frontage shall be on a public street
other than the street adjacent to the limited access easement or limited
access right of way; provided, however, that nothing contained herein shall
permit adult entertainment uses on properties adjacent to arterial roads,
(4) Frontage on curving streets and cul-de-sacs t :;¡Q færxlt:1g9 may be reduced by
40% provided the centerline radius of the street is 100 feet or less,
Appendix "A", Definitions
The current definition (copy attached) is to be repealed and replaced with the
following:
FRONTAGE: Frontage is the shortest property line adjacent to a public street,
except for property lines which abut an arterial or collector street, in which case
the lot line along said street shall be deemed to be the frontage. In situations
where an arterial and a collector intersect, the frontage shall be along the arterial.
Notwithstanding the previous description, if a property line adjacent to a public
street has a limited access easement or limited access right of way running the
length of such adjacent property line, the frontage shall be on a public street
other than the street adjacent to the limited access easement or limited access
right-of-way; provided, however, that nothing contained herein shall permit adult
entertainment uses on properties adjacent to arterial roads, Frontage on curved
streets and cul-de-sacs may be reduced by 40% provided the centerline radius of
the street is 100 feet or less,
P&Z Board Memorandum Staff Report
LOR Amendments RE: Frontage
Page 3
~ III
REQUIRED FINDINGS
LDR Section 2.4.5(M){5), Amendment to the Land Development
Regulations, Findings: In addition to the provisions of 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.
This amendment is in many respects corrective, as it is providing clarifying
language in both the text and the appendix to facilitate the determination of a
property's frontage, It will also serve to ensure that the existence of a limited
access easement or right-of-way will not result in an interpretation of frontage
that allows an adult entertainment establishment to locate on Congress or
Atlantic Avenues, which would be contrary to the intent of ordinance 30-98
recently adopted by the City Commission, Policy C-1.3 of the Future Land Use
Element states that 'The City shall concentrate efforts in the heavy industrial and
undeveloped areas along arterial roadways in order to provide a better image of
the community." This amendment will help to further this policy and therefore
meets the required finding.
By motion, recommend to the City Commission approval of the proposed
amendment to Section 4,3.4(E) and Appendix "A" (Definitions) of the Land
Development Regulations, amending the definition of frontage as described in
this report, based upon a finding of consistency with the Comprehensive Plan
Future Land Use Element Policies C-1,3,
Attachment:
. Current Definition of Frontage from Appendix "A"
CURRENT LDR DEFINITION OF "FRONTAGE"
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