Ord 46-98 Denied First Reading
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DENIED ON FIRST READING - NOVEMBER 3, 1998
ORDINANCE NO. 46-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION
4.3.4(J) , 11 HEIGHT 11 , OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE
FOR HOW HEIGHT SHALL BE DEFINED FOR ALL SINGLE
FAMILY DETACHED HOMES; AMENDING SECTION 4.3.4(K) ,
"DEVELOPMENT STANDARDS MATRIX", AND SECTION 4.4.3,
11 SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS",
SUBSECTION 4.4.3 (H), 11 SPECIAL REGULATIONS 11 , TO
PROVIDE FOR TRANSITIONAL SIDE SETBACKS FOR
STRUCTURES EXCEEDING 24 FEET IN HEIGHT IN SINGLE
FAMILY RESIDENTIAL ZONE DISTRICTS, AND FOR
ADDITIONAL SETBACK AND SQUARE FOOTAGE REGULATIONS
APPLICABLE TO SINGLE FAMILY DETACHED HOMES
EXCEEDING A .40 FLOOR AREA; AMENDING APPENDIX "A"
(DEFINITIONS) BY AMENDING THE DEFINITION OF
'BUILDING HEIGHT' AND ENACTING A DEFINITION FOR
11 FLOOR AREA (GROSS) " AND FOR "FLOOR AREA RATIO
(FAR) 11 ; 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 amendments at a public
hearing on October 19, 1998, and voted 3 to 2 to forward the changes
~ith a recommendation of approval; 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 changes are not inconsistent 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 Chapter Four, "Zoning Regulations",
Article 4.3, "District Regulations, General Provisions", Section
4.3.4, "Base District Development Standards 11 , Subsection 4.3.4(J),
"Height 11 , of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as
follows:
DENIED ON FIRST READING - NOVEMBER 3, 1998
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(J) Height: I
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(1 ) Defined: For all sinqle famil v detached homes ,
heiqht shall be defined as the vert i cal distance from qrade to the
hiqhest finished roof surface of a flat roof or the hiqhest point of \
the roof of a qable, hip, or qambrel roof. For all other structures, i
heiqht is defined as 1~he vertical distance from grade to the highest I
finished roof surface of a flat roof or to the mean level between
eaves and ridge for gable, hip, or gambrel roofs. The height set I I
forth in the matrix is the maximum height for all structures within
the respective zone district except as provided for in Subsection
4.3.4(J) (3)&(4).
(2 ) Basis for Measurement:
( a) For buildings adjoining one street, the
grade is established from the mean elevation
of the crown of the street along the lot
frontage.
(b) For buildings adjoining more than one
street, the grade is established as the
average of the mean elevation of the crown
of the adjoining streets.
(c) When applied to single family detached
dwelling units, less than three stories,
within residentially zoned districts, the
grade is established as the mean elevation
of the finished surface of the ground
adjacent to the exterior walls of the
building. Under no circumstance shall the
grade be higher in elevation than the
highest point of the unaltered dune or the
crown of the street.
(3) Exceptions to District Height Limitations:
(a) Free-Standing Features: The height
limitations contained in Subsection (K) ,
Development Standards Matrix, shall not
apply to free-standing antennas, chimneys,
conveyors, cooling towers, flag poles, radio
towers, silos, or television towers.
However, any part of any such structure or
feature shall not extend above the height of
sixty-four feet (64 I ) unless specifically
approved by action of the City Commission.
- 2 - Ord. No. 46-98
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(b) Appurtenances on Buildings: Chimneys.
cupolas or other appurtenances on sinqle
family detached homes and duplex structures
are limited to a maximum of five feet (5 I )
above the hiqhest part of the structure or
the minimum reauired by the Standard
Buildinq Code. whichever is qreater. For
all other structures. ~~purtenances usually
required to be placed above the roof level
of a building and not intended for human
occupancy may be allowed to extend above the
height limitations contained in Subsection
(K) but only when specifically approved by
action of the Site Plan Review and
Appearance Board.
Section 2. That Chapter Four, "Zoning Regulations",
Article 4.3, "District Regulations, General Provisions" , Section
4.3.4, "Base District Development Standards", Subsection 4.3.4 (K),
"Development Standards Matrix" , of the Land Development Regulations
of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as set forth at Exhibit "A" attached hereto and made
a part hereof.
Section 3. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District" , Section 4.4.3, "Single Family
Residential (R-1) Districts" , Subsection 4.4.3(H) , "Special
~egulations", of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(H) Special Regulations:
(1 ) The height of accessory structures shall not
exceed the height of the associated principal structure. Screen
enclosures without a solid roof are excluded from this limit.
(2 ) The floor area of an accessory structure shall
not exceed 40% of the floor area of the principal structure.
(3) The side street and side interior setbacks
contained in the Matrix 4.3.4(K) apply to all sinqle family
structures havinq a maximum heiqht of 24 feet to the top of the tie
beam. after which ad additional one (1) foot side street and side
interior setback for each one (1) foot in heiqht above 24 feet is
required.
- 3 - Ord. No. 46-98
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( 4 ) For sinqle family homes which exceed a floor area
ratio of .40 the front. side street. side interior. and rear setbacks
contained in the Matrix 4.3.4(K) apply to structures havinq a maximum
heiqht of 24 feet to the top of the tie beam, after which an
additional one (1) foot front. side street. side interior and rear
setback for each one (1) foot in heiqht above 24 feet is reauired.
( 5) For sinqle familv homes which exceed a floor area
ratio of .40 . the floor area of the second story is limited to 75% of
the qround floor area and the floor area of the third story is
limited to 50% of the qround floor area.
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 to read as follows:
BUILDING HEIGHT For all sinqle family detached
homes heiqht shall be defined as
the vertical distance from qrade
to the hiqhest finished roof
surface of a flat roof or the
hiqhest point of the roof of a
qable. hip. or qambrel roof. For
all other structures. heiqht is
defined as 1~he vertical distance
from grade to the highest
finished roof surface of a flat
roof or to the mean level between
eaves and ridge for gable, hip,
or gambrel roofs.
FLOOR AREA (GROSS) The sum of the qross horizontal
areas of the floors of a buildinq
within the inside perimeter of
the exterior walls. or from the
centerline of a wall separatinq
two buildinqs. In sinqle family
detached units and duplex
structures. the floor area shall
be all enclosed space exclusive
of terraces and unroofed areas
and 50% of the area for attached
qaraqes. carports. and screened
porches. In multiple family
structures. the floor area shall
be the net livinq area for each
unit exclusive of balconies.
decks. porches. and common areas
such as corridors. lobbies. etc.
- 4 - Ord. No. 46-98
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FLOOR AREA RATIO (FARl The ratio of the qross floor area ~
of all structures on a lot to the I
lot area. i
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Section 5. That all ordinances or parts of ordinances in I
conflict herewith be, and the same are hereby repealed.
Section 6. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 7. That 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 , 1998.
MAYOR
ATTEST:
City Clerk
First Reading NOVEMBER 3, 1998 - DENIED
Second Reading
- 5 - Ord. No. 46-98
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CITY OF DELRAY BEACH
NOTICE OF ZONING DISTRICT REGULATION CHANGES WITHIN
THE SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS
The City Commission of the City of Delray Beach, Florida,
proposes to adopt the following ordinance:
ORDINANCE NO. 46-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING SECTION 4.3.4(J) , II HEIGHT II , OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE
FOR HOW HEIGHT SHALL BE DEFINED FOR ALL SINGLE FAMILY DETACHED
HOMES; AMENDING SECTION 4.3.4(K), IIDEVELOPMENT STANDARDS MATRIX 11 ,
AND SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1 ) DISTRICTS" ,
SUBSECTION 4 . 4 . 3 (H) , II SPECIAL REGULATIONS II , TO PROVIDE FOR
TRANSITIONAL SIDE SETBACKS FOR STRUCTURES EXCEEDING 24 FEET IN
HEIGHT IN SINGLE FAMILY RESIDENTIAL ZONE DISTRICTS, AND FOR
ADDITIONAL SETBACK AND SQUARE FOOTAGE REGULATIONS APPLICABLE TO
SINGLE FAMILY DETACHED HOMES EXCEEDING A .40 FLOOR AREA; AMENDING
APPENDIX IIAII (DEFINITIONS) BY AMENDING THE DEFINITION OF
'BUILDING HEIGHT' AND ENACTING A DEFINITION FOR II FLOOR AREA
(GROSS) II AND FOR IIFLOOR AREA RATIO (FAR) " ; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING 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.
NOVEMBER 3. 1998. 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. If the ordinance is passed on first reading, a second
Public Hearing will be held on TUESDAY. NOVEMBER 17. 1998. AT
7:00 P.M. (or at any continuation of such meeting which is set by
the Commission) .
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 ( Phone 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 INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH
RECORD. PURSUANT TO F.S. 286.0105.
PUBLISH: The News CITY OF DELRAY BEACH
October 26, 1998 Alison MacGregor Harty
November 11, 1998 City Clerk
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*****************************************************************
Instructions to Newspaper: This ad is not to be placed in the
legal ads/classified section of the newspaper. It must be at
least two standard columns wide and ten inches long. The entire
headline must be an 18 point bold headline. Thank you.
REF:USENOTIC
.
CITY OF DELRAY BEACH
NOTICE OF ZONING DISTRICT REGULATION CHANGES WITHIN
THE SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS
The City Commission of the City of Delray Beach, Florida,
proposes to adopt the following ordinance:
ORDINANCE NO. 46-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING SECTION 4.3.4(J), "HEIGHT" , OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE
FOR HOW HEIGHT SHALL BE DEFINED FOR ALL SINGLE FAMILY DETACHED
HOMES; AMENDING SECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX",
AND SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1 ) DISTRICTS" ,
SUBSECTION 4.4.3(H), "SPECIAL REGULATIONS" , TO PROVIDE FOR
TRANSITIONAL SIDE SETBACKS FOR STRUCTURES EXCEEDING 24 FEET IN
HEIGHT IN SINGLE FAMILY RESIDENTIAL ZONE DISTRICTS, AND FOR
ADDITIONAL SETBACK AND SQUARE FOOTAGE REGULATIONS APPLICABLE TO
SINGLE FAMILY DETACHED HOMES EXCEEDING A .40 FLOOR AREA; AMENDING
APPENDIX "A" (DEFINITIONS) BY AMENDING THE DEFINITION OF
'BUILDING HEIGHT' AND ENACTING A DEFINITION FOR "FLOOR AREA
(GROSS)" AND FOR "FLOOR AREA RATIO (FAR)"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING 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.
NOVEMBER 3. 1998. 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. If the ordinance is passed on first reading, a second
Public Hearing will be held on TUESDAY. NOVEMBER 17. 1998. AT
7:00 P.M. (or at any continuation of such meeting which is set by
the Commission) .
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 (Phone 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 INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH
RECORD. PURSUANT TO F.S. 286.0105.
PUBLISH: The News CITY OF DELRAY BEACH
October 26, 1998 Alison MacGregor Harty
November 11, 1998 City Clerk
.
. ' . -
*****************************************************************
Instructions to Newspaper: This ad is not to be placed in the
legal ads/classified section of the newspaper. It must be at
least two standard columns wide and ten inches long. The entire
headline must be an 18 point bold headline. Thank you.
REF:USENOTIC
.
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MEETING DATE: OCTOBER 19,1998
AGENDA ITEM: V.D. AMENDMENT TO LOR SECTIONS 4.3.4(J) HEIGHT,
SECTION 4.3.4(K) DEVELOPMENT STANDARDS
MATRIX, APPENDIX "A" DEFINITIONS, AND SECTION
4.4.3 (H) SINGLE FAMILY RESIDENTIAL DISTRICT.
[~ I
The item before the Board is that of making a recommendation on text
amendments to LDR Sections 4.3.4 (J) Height, Section 4.3.4 (K)
Development Standards Matrix, Appendix "A" Definitions, and Section
4.4.3 (H) Single Family Residential Zoning District.
Pursuant to Section 1.1.6, an amendment to the text of the Land
Development Regulations may not be made until a recommendation is
obtained from the Planning and Zoning Board.
I
The issue of the compatibility of large home construction was first raised by the Beach
Property Own~rs Association and discussed by the Planning and Zoning Board at its
meeting of Ma~ 16, 1994. The Planning and Zoning Board forwarded the request to City
Commission with a recommendation that additional regulations not be considered. On
June 7, 1994 the City Commission concurred with that recommendation and voted 4 to
1 (Dr. Alperin dissenting) not to pursue the issue further. However, the Beach Property
Owners Association again brought the issue to the attention of the City Commission in
late 1995. The City Commission discussed the issue at their October 24, 1995 and
November 7, 1995 meetings and it was suggested that there be increased setbacks for
taller structures, so as not to overwhelm neighboring structures. The City Commission
directed staff to research the issue and develop possible mitigation measures.
On November 12, 1996 the City Commission workshoped the issue. Staff presented an
overview of how neighboring cities are approaching similar issues and presented
alternatives and potential code changes. After deliberation the City Commision voted to
create a task team made up of a representative cross section of the community to
examine, formulate ideas, and make recommendations with respect to the issue of large
home construction, including compatibility and mitigation of any impacts. On December
3, 1996 the City Commission discussed the specific make up of the task team and on
December 10, 1996 approved Resolution 84-96 officially creating the task team. On
P & Z Board Memorandum Staff Report
LDR Text Amendment - [Section 4.4.3. (H), 4.3.4 (J), 4.3.4 (K), and Appendix "A"]
Page 2
January 7, 1997 the City Commission met and appointed nine members and ratified two
appointments from the Planning and Zoning Board and SPRAB Board.
The Large Home Task Team met for 2 % months and concluded their deliberations on
April 9, 1997. The team's recommendations included the implementation of a maximum
.40 FAR (Floor Area Ratio) for all single family zone districts; a maximum height of 35'
to be measured to the highest part of the roof (except for chimneys and cupolas); and
that properties on the east side of A-1-A be exempted from the regulations. These
recommendations were presented to the City Commission workshop on May 13, 1997
and the City Commission directed staff to prepare the related LOR text amendments.
In the weeks preceding the Task Team's recommendation the City Commission
received comments that the recommendation had not gone far enough in addressing
the compatibility concerns. To that end staff formulated additional options for the
Planning and Zoning Board and the City Commission to consider.
The Planning and Zoning Board considered the LOR text amendments related to the
task team recommendations along with' additional options formulated by staff at a public
hearing on August 18, 1997. There was significant public testimony that ranged from
support of the Task Team recommendations to testimony that the proposed regulations
were too restrictive, or were not restrictive enough. After a lengthy discussion the Board
recommended continuing the item. The Board requested additional information with
respect to the current regulations, the means by which other cities have addressed the
issue, and the analysis of the proposed floor area ratios on existing and proposed
development.
The additional information was provided to the Board at their September 15, 1997
meeting. After reviewing and discussing the supplementary information the Board
recommended approval on a 4-2 vote (Carolyn Young and Robin Bird dissenting) of the
LOR changes. These changes included the implementation of a maximum .40 FAR
(Floor Area Ratio), establishing a maximum height of 35' to be measured to the highest
part of the roof (except for chimneys and cupolas), establishing an additional 5' setback
for second and third floors in the R-1AAA, R-1AAAB, R-1AAB and R-1AA single family
zoning districts, and provided an exemption for properties on the east side of A-1-A.
The City Commission considered the changes at a public hearing on October 7, 1997,
at which time the Commission denied Ordinance 43-97 on first reading and requested
additional information relating to the Large Home Task Team recommendations and
their impact on properties in the City. The City Commission expressed concerns with
the additional second floor setbacks to the R-1AA zone district and the lack of height
limits for building appurtenances. The Commission directed staff to amend the
ordinance to include alternative language that would: limit the height of chimneys,
cupolas and building appurtenances on residential buildings to a maximum of 5' above
the highest portion of the building; apply proposed regulations to all residential
structures including those east of A-1-A; and provide two alternatives for the R-1AA
zoning districts, one including and one excluding the district from increased second and
third floor setbacks.
....
P & Z Board Memorandum Staff Report
LDR Text Amendment - [Section 4.4.3. (H), 4.3.4 (J), 4.3.4 (K), and Appendix "A"]
Page 3
On October 21, 1997 the City Commission approved Ordinance 44-97 on first reading
on a 4-1 vote (Mayor Alperin dissenting). This ordinance incorporated a change to the
definition of height as recommended by the Large Home Task Team with the addition of
language limiting the height of chimneys, cupolas and building appurtenances; the
definition of floor area and gross floor area as supported by the LHTT; a maximum FAR
of .35; an increased setback of 5' for second and third floors for the R-1AAA, R-1AAAB,
R-1AA and R-1AAB zoning districts; and, exemption for properties on the east side of A-
1-A from the above regulations (with the exception of the height restriction on chimney,
cupolas and building appurtenances).
On November 4, 1997 City Commission denied Ordinance 44-97 on second reading by
a 5-0 vote. They recommended the issue be discussed at the November 11, 1997
workshop to discuss the appropriateness of the .35 FAR and to what properties the
regulations should apply.
At the November 11, 1997 workshop direction was given to prepare an ordinance
dealing with reducing the height to 35': This Ordinance was presented to Commission
on November 18, 1997 at which time Ordinance 51-97 failed on first reading on a 4-1
vote (Randall dissenting) as the Commission wanted to deal with the entire issue rather
than addressing it in a piecemeal fashion. Direction was given to staff to put the item on
an upcoming workshop and include a presentation by Hank Skokowski of Urban Design
Studios, who had advised the Large Home Task Team on the issue.
At the City Commission meeting workshop of January 13, 1998 Mr. Skokowski
discussed various approaches to regulating large homes. The Commission discussed
the alternatives and directed staff to work with the consultant on an approach that would
establish thresholds (size, height, etc.) beyond which additional regulations would apply.
These thresholds were formulated and these recommendations were presented to City
Commission on July 14, 1998. The City Commission then directed staff to draft the
necessary LOR changes to implement these recommendations. The related LOR
amendments are now before the Board for consideration.
1__-_
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The proposed amendments accommodate two approaches to mitigate the potential
incompatibility of very large homes with the prevailing neighborhood scale. These two
approaches include one set of regulations (height and transitional side setbacks) which
would apply to all single-family homes within the City of Delray Beach. The second
approach includes additional regulations that would apply only to single family
structures that exceed a floor area ratio of .40. These additional regulations include a
front and rear transitional setback as well as square footage limitations to the second
and third floors.
P & Z Board Memorandum Staff Report
LOR Text Amendment - [Section 4.4.3. (H), 4.3.4 (J), 4.3.4 (K), and Appendix "A"]
Page 4
Regulations Applying to all Single Family Homes
Height: This amendment will change the definition of height to measure it to the tip of
the roof rather than the mean of a hip, gable, or gambrel roof. This regulation would
affect all single family structures and would result in a maximum roof height of 35' in
residential areas. As currently measured, maximum roof heights sometimes exceed 45'.
With the adoption of this height limit an exception is proposed for cupolas, chimneys,
and similar appurtenances, allowing them to be a maximum of 5' above the highest
point of the proposed structure or the minimum required by the standard building code
(which ever is greater). The proposed maximum height of 35' to the highest point on the
roof (except for chimneys and cupolas) is consistent with three of the five surrounding
communities. A concern was expressed that adopting a maximum height of 35' would
result in a noticeable increase in the construction of homes having. This has not been
the case in other municipalities. It is noted that the Town of Ocean Ridge addressed
this concerns by limiting the portion of the structure that can be covered with a flat roof
to 10%.
Boca Raton 25' 35'
Gulf Stream 35' 35'
Ocean Ridge 35' 35'
Manalapan 30' & 35' 40' & 45'
Palm Beach 40' 40'
Oelray Beach 35' NA
Transitional Side Setback: The current setbacks in the single family zone districts
range from 25-35 feet in the front, 10-25 feet in the rear, 15-20 feet side street, and 7
1/2 -12 feet on the side interior. The proposed LOR text amendment will maintain the
current setbacks for structures up to 24' in height after which additional setback
distances will be required. These increased distances will be a function of a 45-degree
line draw from the 24' height at the setback line to the maximum 35' structure height.
This angle represents an additional one-foot setback for each one-foot in height above
24'. It is noted this would not prohibit structures higher than 24' but the related building
envelope would force the structure to maintain a greater setback. Therefore, if a portion
of the structure were 28' in height that part of the structure would have to be a minimum
of an additional 4' from the applicable minimum side setback line.
P & Z Board Memorandum Staff Report
LOR Text Amendment - [Section 4.4.3. (H), 4.3.4 (J), 4.3.4 (K), and Appendix "A"]
Page 5
ESTABLISH BUILDING
ENVELOPE (SIDE TRANSITION)
i
Maximum Height ,
of the Tie a..m _ I
Not to Exceed 24' ! 135'
I 24'IMax.
I.Max.
I
I Stde I ~SJde_~
~",,--r etbllck '
Front or Rear
Elevation
3S'~
1 .,." ..-..
"~ -"-
" . .. -.
.~~S:~-:;;:::><:S;://_-'='
Setb8ck Setbllck
Building
Envelope
Regulations Applicable Only to Homes Exceeding .40 Floor Area Ratios (FARs):
Since receiving Commission direction on January 13,1998 staff has identified sections
of the City where large home construction pressure exists. These include Sections 5, 8,
9,16,21,28 as noted in the attached exhibit.
All single family construction over the past three years within these sections was
reviewed and their respective FARs were identified. These are summarized below:
Total of 140 homes in these sections:
66% under .30 FAR 47 units over .30
78% under .35 FAR 31 units over .35
85% under 040 FAR 21 units over AD
95% under AS FAR 7 units over AS
At the July 14,1998 City Commission workshop the City Commission recommended that
a FAR of .40 be established as a threshold at which additional regulations would apply.
Utilizing this threshold 85% of homes built over the last three years would not be
affected. Further, the 15% of homes affected by the additional regulations represent a
total of 21 homes in three years, or an average of seven homes per year. The following
chart identifies the thresholds at which additional regulations will apply to homes built on
the minimum size lots at a FAR of AD.
-
P & Z Board Memorandum Staff Report
LDR Text Amendment - [Section 4.4.3. (H), 4.3.4 (J), 4.3.4 (K), and Appendix "A'l
Page 6
t;i'::'t"IV'I_I!,w:HaW~...........:$IZa';!
ItC!~~~..~~(~,g,. ;'.Odl. . . ..'l
R-1A 7,500 1,000 3,000
R-1AB 7,500 1,500 3,000
R-1AA 9,000 1,500 3,800
R-1AAB 9,000 1,500 3,600
R-1AAA 12,500 2,200 5,000
R-1 AAAB 12,500 1,500 5,000
*These maximum house totals indicated here allow slightly larger homes as the
maximum floor area does not include terraces, and counts only 50% of attached
garages, carports, and screened porches.
The two proposed regulations under consideration include adding a front/rear transition
setback, as well as upper floor limitations of 75% (second floor) and 50% (third floor) of
the ground floor square footage.
Transitional Rear and Side Setbacks: An additional regulation that will apply is a front
and rear transitional setback, similar to the proposed side transitional setbacks
described above. The existing rear and front setback requirements will apply to the first
24' in height, after which additional setback distances will be required. These increased
distances will be a function of a 45-degree line draw from the 24' at the front and rear
setback lines to the maximum 35' structure height. This angle represents an additional
one-foot setback for each one-foot in height above 24'.
FRONT/REAR TRANSITION
FOR BUILDINGS OVERA 0 FAR
Maximum Height
of the TIe Beem _
Not to Exceed 24'
t- I
Front or Side
Setback
as'
lE ---
...... ..;>~.
..:.; ."...-' ~/><
~ ........ ......., Reer
...-~_ ___~..../ ................~.. ."".....". Setback
S:=ck '>< .................... .""..,..
/',...-..................,..~--
.---<-- .--/' -. .?"
Side '>. -----.<" Front
Building Setback Setback
Envelope
;
P & Z Board Memorandum Staff Report
LDR Text Amendment - [Section 4.4.3. (H), 4.3.4 (J), 4.3.4 (K), and Appendix "A"]
Page 7
Limitations on Upper Story Floor Area: The second regulation would limit the
second floor square footage to 75% of the and the third floor to 50% of the ground floor
area. It is important to note that this does not constitute mandatory setbacks for upper
floors but would allow the upper floors to occupy any space within the designated
building envelope as long as it conforms to the appropriate reduction ratio.
UPPER FLOOR LIMITATIONS
FOR BUILDINGS OVERA 0 FAR
~s' T MIUc: 50%' .
of FI,..t 1'71001:';
Max:75% ;
of fl,..' Floor:' i
;K'
UPPER FLOORS RATIOS
ExaTJ1ple:
With Finn Floor 2,000 Sq. Ft.
Max Second Floor ",500 Sq. Ft.
Max Third Floor ",000 Sq.PL
l!lQIE; Building Area for Upper Floors
Can Occupy Any Space Within
the Designated Setbacks As Long
As it Conforms to the Appropriate
Reduction Ratio.
~_. _.- _ _ '. ... ., . , '" ,', .',. ,..._.... ._ x,_,_ . _ _ _____ , .' ,', ,. ,',. ..'. . _ _.. '. ,'_', "_', ,',___ _.. .... '" ,. ,,' , """'" "',,, _ _,
Pursuant to LDR Section 2.4.5 (M) (5) in addition to obtaining a recommendation from
the Planning Zoning Board required pursuant 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. In reviewing
the Comprehensive Plan the following are applicable:
Housing Element Policy A-12.4: In order to help preserve the character and scale
of the City's neighborhoods, measures shall be taken to mitigate the impacts of
the "mansionization" trend. In FY 97/98 the City shall adopt regulations to limit
the size and scale of new homes in order to ensure that they are compatible with
the City's existing, older housing stock.
Future land Use Element Objective A-1: Property shall be developed or
redeveloped, in a manner so that the future use and intensity is appropriate in
...
P & Z Board Memorandum Staff Report
LOR Text Amendment - [Section 4.4.3. (H), 4.3.4 (J), 4.3.4 (K), and Appendix "A"]
Page 8
terms of soil, topographic, and other applicable physical considerations; is
complementary to adjacent land uses; and fulfills remaining land use needs.
Future Land Use Element Policy A-2.3: Development of remaining vacant
properties shall occur in a manner, which is consistent with and complimentary
to adjacent development regardless of zoning designations. This policy shall be
implemented through the review process associated with platting and site plans.
While single family development does not require site plan review or platting both
the aforementioned Objective and the Policy emphasize that development must
be consistent and complimentary to adjacent development. These regulations
achieve this end be promoting development which is sensitive to, and compatible
with, the existing neighborhood scale.
II_}~~_ II
.... .. .....:,!~;, ..ii' >,'. ... 'I,," ">'iiJ:@~"". ....., ..... ." . ..' .... '
The proposed LOR changes represent.a compromise between citizen groups that wish
to maintain the existing scale of established neighborhoods and others who desire
unbridled development of single family lots. The regulations proposed for all structures
(changes in height and a side transition setback) are reasonable and represent minimal
impact while achieving protection to adjacent properties. The regulations proposed for
homes over .40 floor area ratio will affect a minimum amount of structures that by virtue
of their overall mass should mitigate impact on adjacent properties by concentrating the
mass of their structures to the center of the lots.
11-
1. Continue with direction.
2. By motion, recommend,denial of the text amendments based upon a failure to make
positive findings with respect to LOR Section 2.4.5. (M)(5) in that the amendments
do not further the goals objectives, and policies of the City's Comprehensive Plan.
3. By motion, recommend to the City Commission approval of text amendments to LOR
Sections 4.3.4 (J) Height, Section 4.3.4 (K) Development Standards Matrix,
Appendix "An Definitions, and Section 4.4.3 (H) Single Family Residential Zoning
District, based upon positive findings with Housing Element Policy A-12.1; and
Future Land Use Element Objective A-1 and Policy A-2.3
11_
By motion, recommend to the City Commission approval of text amendments to LOR
Section 4.3.4 (J) Height, Section 4.3.4 (K) Development Standards Matrix, Appendix "An
Definitions, Section 4.4.3 (H) Single Family Residential Zoning District, based upon
positive findings with Housing Element Policy A-12.1; and Future Land Use Element
Objective A-1 and Policy A-2.3.
.
Off). Hb-CJ<6
Section 4.3.4 (J)
(J) Height:
(1 ) Defined: For all single family detached homes height shall be
defined as the vertical distance from grade to the highest finished roof surface of a flat
roof or the highest point of the roof of a gable, hip, or gambrel roof. For all other
structures height is defined as ::J:.the vertical distance from grade to the highest finished
roof surface of a flat roof or to the mean level between eaves and ridge for gable, hip, or
gambrel roofs. The height set forth in the matrix is the maximum height for all structures
within the respective zone district except as provided for in Subsection 4.3.4(J)(3)&(4).
(2) Basis for Measurement:
(a) For buildings adjoining one street, the grade is established
from the mean elevation of the crown of the street along the
lot frontage.
(b) For buildings adjoining more than one street, the grade is
established as the average of the mean elevation of the
crown of the adjoining streets.
(c) When applied to single family detached dwelling units, less
than three stories, within residentially zoned districts, the
grade is established as the mean elevation of the finished
surface of the ground adjacent to the exterior walls of the
building. Under no circumstance shall the grade be higher in
elevation than the highest point of the unaltered dune or the
crown of the street. [Amd. Ord. 43-91 6/11/91]
(3) Exceptions to District Height Limitations:
(a) Free-Standing Features: The height limitations contained in
Subsection (K), Development Standards Matrix, shall not
apply to free-standing antennas, chimneys, conveyors,
cooling towers, flag poles, radio towers, silos, or television
towers. However, any part of any such structure, or feature,
shall not extend above the height of sixty-four feet (64')
unless specifically approved by action of the City
Commission.
(b) Appurtenances on Buildings: Chimneys, cupolas or other
appurtenances on single family detached homes and duplex
.
structures are limited to a maximum of 5' above the highest
part of the structure- or the minimum required by the
Standard Building Code, which ever is greater. For all other
structures,A-appurtenances usually required to be placed
above the roof level of a building and not intended for human
occupancy may be allowed to extend above the height
limitations contained in Subsection (K) but only when
specifically approved by action of the Site Plan Review and
Appearance Board.
Section 4.4.3 (H)
(H) Special Regulations: [Amd. Ord. 77-94 10/18/94 ]
(1 ) The height of accessory structures shall not exceed the height of
the associated principal structure. Screen enclosures without a solid roof are excluded
from this limit. [Amd. Ord. 77-94 10/18/94]
(2) The floor area of an accessory structure shall not exceed 40% of
the floor area of the principal structure. [Amd. Ord. 77-94 10/18/94]
(3) The side street and side interior setbacks contained in the Matrix
4.3.4 (K) apply to all single family structures having a maximum height of 24' to the top
of the tie beam, after which an additional one-foot side street and side interior setback
for each one-foot in height above 24' is required.
(4) For single family homes which exceed a floor area ratio of .40 the
front, side street, side interior, and rear setbacks contained in the Matrix 4.3.4 (K) apply
to structures having a maximum height of 24' to the top of the tie beam, after which an
additional one-foot front, side street, side interior and rear setback for each one-foot in
height above 24' is required.
(5) For single family homes which exceed a floor area ratio of .40 the
floor area of the second story is limited to 75 % of the ground floor area and the floor
area of the third story is limited to 50% of the ground floor area .
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C C T, l~:, 1 '99 S 1 C . D 2 AM T l!.ELC!E
Venture Concepts International, Incorporated
"'
October 13, 1998
Diane Dominguez
Planning Director
City ofDe1ray Beach
100 N.W. Ist Avenue
Delray Beach. Florida 33444
Re: LOR Sections 4.3.4 (1)(1) and 4.4.3 (H) "Large Home Issue"
Dear Diane,
I have had a chance to review the Draft of your staff report for the 10/19/98 P&Z meeting. In
an effort to assist you as a professional who has worked under restrictions in other communities,
outlined below are my cormnents;
1) Page 3, Regulations Applying to all Single Family Homes. Height:
When combining the proposed increased setbacks over 24 feet, a limitation of 35' to the tip of the
roof would dictate style, and ceiling height for homeowners that desire steeper pitched roofs
(12/12). You may find architects designing roofs that have unusual overhangs. Other cities deal
with this issue in aU owing additional height for pitched roofs. You may want to consider an
additional 5-10 feet for a pitched roof, while keeping flat roofs to 35 feet. In essence creating a
maximum building height of35 feet and an overall building height for pitched roofs (anything over
4/12) of 40- 45 feet.
In addition. consider allowing for one (1) habitable architectural element (observation tower) to
exceed the overall building height by 10 feet with a limitation stating that the element can not
exceed 2% of the floor area of the building. This would allow homeowners reasonable
architectural expression and to take advantage of views.
In addition to your allowance for chimneys and cupolas and "similar appurtenances" to exceed the
maximum roof height, include, as similar appurtenances, elevators, skylights and stairways.
Page 4, Transitional Side Setback:
1) Allow your te~ description and diagram to show the setback of the entire building one foot fOf
each foot over 24 feet. The presentation of only the 4S degree angle option is misleading.
Page 7, Limitations on Upper Story Floor Area:
1) I believe tbe transitional front, rear and side setbacks when a home exceeds .40 FAR are
enough. While they appear to be generous, the limitations on upper story floor area begin to
dictate lll'ClUtectural style. From the beginning that has been something that all have tried to avoid.
72 Southeast 6th Avenue · Delray Beach, Florida 33483-5314, U.S.A.
Telephone 407. 274.9696 · Fax 407. 274.0850 RECEIVED
OCT 1 3 1998
PLANNING & ZONING
~'~ Cl, '~'! 4 I~ 13 ;:, ~
. , ~
OCT 1::,'~'??~:'\ ~'J.C~.;M T :l~ LC'l~E
Page 2.
The above represents my professional opinion of what might work or has worked in other
communities. My personal opinion differs. In summary. this issue was first raised by only the
BPOA in early 1994 with formal discussions beginning on May 16~ 1994 with the P&Z board. In
June of 1994 the City Commission voted 4-1 opposing funher restrictions. The issue was once
again brought up by the BPOA late in 1995. The City Conunission discussed the issue at its
October 24 and November 7, 1995 meetings. At that time there was once again little support for
further restrictions. On November 12, 1996 the issue was workshopped. As a result of the
workshop, on December 10, 1996 the LHTT was created and on January 7~ 1997 the LHTT
members were appointed, From that point to the time of the drafting OfYOll! memo no less than
seven (7) separate votes were taken on the issue by P&Z or the City Commission. Ifyoll consider
the workshop sessions, this issue has been in front of a policy making body no less than sixteen
(16) times over the last four and one-half years.
I personally oppose fun her restrictions for the following reasons:
1) The issue has enjoyed due process as referenced above
2) There seems to be overwhelming public sentiment against further restrictions, very few seem to
be in favor
3) Many future homeowoers may become discouraged
4) The estabJislunent of legal precedent as that precedent relates to private property rights
5) The trend is towards larger homes
6) As referenced above, architectural style is beginning to be dictated
7) Just because other cities have done it does not mean Delray Beach has to. Delray Beach is
quite different than any of the cities referenced in the memo.
Should you need any additional assistance I am available,
~:r~~
Frank E. McKinney
FEMlpb
Nov-30-01 07:47P P.02
TO: All PluniDC & ZoDing Board Memben:
Patricia Archer
Robin Bird
Daniel Carter
Gary Eliopoulos
Lloyd Hasner
Alberta McCarthy
Carolyn Young
FROM: The Coalition to Preserve Propert). Riglats ill Defray BeaeL
DAlE: Cktober 12, 1998
RE' The Proposed Forfeiture of Propeny Rights,
During the Lynch Administration, a p-oposal to change the existing property righWbuilding codes
of single-family Delray Beacb Homeowners was voted down by the Delray City Commissioners.
During the Alperin Administration, most recently in November, '97, a similar proposal was again
voted down by the Dclray City Commissioners,
At this meeting in November, '97, the single-family homeowners in DeJray Beach pacla:d the City
Commission Chambers and overwhelmingly voiced their majority opinion against_~ changes to the
existin8J'ro~.r.tr rights. The people spoke and the City Commissioners listened.
Please be advised that the Coalition to .Preserve Property Rights will vigorously continue to protest
and defeat any changes to the current restrictions.
Submitted to the Board from the CoaIidon to Preserve Property Rights ia Delray Beach.
Dominic &. Susan Desiderio
lOoo White Drive
Delray Beach, Florida 33483
Phone (561) 276-9765
Fax (561) 243-4781
.
~
TO: DAVID T. HARDEN
CITY MANAGER ~
THRU: DIANE DOMINGUEZ
~O~ O;ItAfING AND ZO NG MENT
uJ /-; 1- ..
FROM: ,.,6L DORLI G, PfjCIPAL PLANNER
SUBJECT: MEETING OF NOVEMBER 3, 1998: AMENDMENT TO LDR SECTIONS
4.3.4(J) HEIGHT, SECTION 4.3.4(K) DEVELOPMENT STANDARDS MATRIX,
APPENDIX "A" DEFINITIONS, AND SECTION 4.4.3 (H) SINGLE FAMILY
RESIDENTIAL DISTRICT.
The proposed amendments accommodate two approaches to mitigate the potential
incompatibility of very large homes with the prevailing neighborhood scale. These two
approaches include one set of regulations (height and transitional side setbacks) which would
apply to all single-family homes within the City of Delray Beach. The second approach includes
additional regulations that would apply only to single family structures that exceed a floor area
ratio of .40. These additional regulations include a front and rear transitional setback as well as
square footage limitations to the second and third floors.
Additional history, background and an analysis of the request is found in the attached Planning
and Zoning Board Staff Report.
At its meeting of October 19, 1998 the Planning and Zoning Board held a public hearing on the
request. Seven citizens spoke, five were opposed to any additional restrictions, one spoke in
favor of the amendments and one supported the regulations which apply to all homes while
opposing regulations which would allow buildings over a .40 FAR. The Board, after a lengthy
discussion, recommended approval of the amendments as written on a 3 to 2 vote (Lloyd
Hasner and Robin Bird dissenting). The dissenting members expressed concern over the
impact of the proposed regulations on housing additions.
By motion, approve on first reading the text amendments to LDR Section 4.3.4 (J) Height,
Section 4.3.4 (K) Development Standards Matrix, Appendix "A" Definitions, Section 4.4.3 (H)
Single Family Residential Zoning District, based upon positive findings with Housing Element
Policy A-12.1; and Future Land Use Element Objective A-1 and Policy A-2.3.
Attachments:
. P&Z Staff Report and Documentation of July 20, 1998
. Ordinance by Others
/(). If.