Ord 06-05
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ORDINANCE NO. 6-05
AN ORDINANCE OF THE CITY COMMJSSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES, BY AMENDING SECTION 4.4.5, "LOW
DENSITY RESIDENTIAL (RL) DISTRICT", SUBSECTION
4.4.5 (A), "PURPOSE AND INTENT", TO CLARIFY THE
APPLICABLE COMPREHENSIVE PLAN SECTION;
AMENDING SUBSECTION 4.4.5(H), "SPECIAL
REGULATIONS", PROVIDING A MEANS TO INCREASE
DENSITY IN THE RL DISTRICT AND TO PROVIDE FOR
RECREATIONAL AREAS FOR MULTI-FAMILY
DEVELOPMENTS; ENACTING SUBSECTION 4.4.5(1),
"PERFORMANCE STANDARDS", TO MITIGATE THE
IMPACTS OF ADDITIONAL DENSITY BOTH INTERNAL
AND EXTERNAL TO THE SITE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on January 24 and voted :5 to C 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 detennined 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 Dekay Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Dekay Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.4.5, "Low Density Residential (RL) District", Subsection
4.4.5(A), "Purpose and Intent", of the Land Development Regulations of the Code of Ordinances of
the City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
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(A) Pur.pose and Intent: The Low Density Residential (RL) District provides a
residential zoning district with flexible densities having a base of three (3) units per acre and a range
to six (6) units per acre. Further, the Low Density Residential District provides for implementation
of provisions of Housing Element Goal Area "b}!" of the Comprehensive Plan and, more
specifically, Policy b}!-2.1 which calls for providing sites for single family detached and low density
planned residential development.
Section 3. That Section 4.4.5, "Low Density Residential (RL) District" , Subsection
4.4.5(H), "Special Regulations", of the Land Development Regulations of the Code of Ordinances
of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
(H) Special Regulations:
(1) A ffiÏfl:im\:1fti defi:Hty ef three 1:1ftits per aere is estaèlished ref ~lex and mttltip1e
familJ housing projeets 'W~ t:h¥.! Dismct. Defisity mlt)T exeeed the BA3e of three (3) units per aere
omy upOfi a dekrminatiofl by the Local Plaftfl:iftg .L'\gefley that the resttltiftg developmefit is
hamwftÍous with adjaeeflt properties Itftd does flot adversely aifed Meas of eaV1:rOflffleftfftl
significaace or seflsitiV'ity. HO'Wever, the maximum defisity shaR fiot exceed six (6) t1flits per a~e.
(1) A minimum density of three units per acre is established for duplex and multiple
family housing projects within this district. Density may exceed the base of three (3) units per acre
only after the approving body makes a finding that the project has substantially complied with
performance standards as listed in 4.4.5(1). In no event shall a development's total density exceed
six (6) units per acre. The density for a specific RL development may be further limited by a
numerical suffix affixed to the designation and shown on the zoning map (i.e. RL-5 limits the
density to five units per acre). To seek a density gJ:eater than allowed by the suffix. it is necessaty to
rezone the prope~.
(2) Notwithstanding the above, a duplex may be situated upon a platted lot pursuant to
Section 4.3.4(1) (3) (b).
(3) 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.
(4) The floor area of an accessory structure shall not exceed 40% of the floor area of the
principal structure.
(5) Recreational areas shall be required for all new rental ~artment developments. and
of owner occupied developments which have homeowner associations that must care for retention
areas. private streets. or common areas. New developments must include recreational features that
are designed to accommodate activities for children and youth of all age rang.es. Tot lots are
appropriate for toddlers; features such as a basketball court. volleyball court. and open playfields are
appropriate for older children. A pool and clubhouse. unless specifically designed for children. is
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ORDINANCE NO. 6-05
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not considered to meet this requirement. Projects having fewer than twenty-five (25) units ma.y be
exempted from this standard where it is detennined by the approving body that it is not practical or
feasible to comply.
Section 4. That Section 4.4.5, "Low Density Residential (RL) District", Subsection
4.4.5(1), "Performance Standards", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby enacted to read as
follows:
(I) Performance Stgndards:
(1) These standards shall apply to all site plans approved subsequent to March 1. 2005.
and for modifications to existing developments which involve the creation of additional residential
~
In order to increase a project density b~ond three (3) units per acre. the ~proving body
must make a finding that the development substantially complies with the performance standards
listed in this section. The intent of the standards is to mitigate the impacts of the additional density
both internal and external to the site. The extent to which a project meets the standards will
detennine the number of units per acre that will be permitted. For example. if a project meets or
exceeds all of the standards. and is otherwise consistent with applicable standards and policies of the
City's Comprehensive Plan and Land Development Regulations. the maximum density is permitted.
Projects which only partially achieve these standards will be permitted a correspondingly lower
density. The performance standards are as follows
(a) The traffic circulation system is desigped to control speed and reduce volumes on
the interior and exterior street network. This can be accomplished through the
use of traffic calming devices; street networks consisting of loops and short
segments: multiple entrances and exists into the development: and simi1ar
measures that are intended to minimize through traffic and keep speeds within
the development at or below 20 m.p.h.
(b) Buildings are placed throughout the development in a manner that reduces the
overall massing. and provides a feeling of open space.
(c) Where immediately adjacent to residential zoning districts having a lower density.
building setbacks and landscape materials along those adjacent prope~ lines are
increased beyond the required minimums in order to provide a meanÏI:\gful buffer
to those lower density areas. Building setbacks are increased by at least 25% of
the required minimum: at least one tree per 30 linear feet (or fraction thereof.) is
provided: trees exceed the required height at time of planting by 25% or more;
and a heQge. wall or fence is provided as a visual buffer between the properties.
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ORDINANCE NO. 6-05
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II
(d) The development offers a varied streetscape and building design. For example.
setbacks are staggered and offset. with var.ying roof heights (for multi-family
buildings. the planes of the facades are offset to add interest and dis~h
individual units). Building elevations inco1;porate diversity in window and door
shapes and locations: features such as balconies. arches. porches. courtyards: and
desigp elements such as shutters. window mullions. quoins. decorative tiles. etc.
(e) A number of different unit types. sizes and floor plans are available within the
development in order to accommodate households of various ages and sizes.
Multi-family housing will at a minimum have a mix of one. two and three
bedroom units with vatying floor plans. Single family housing (attached and
detached) will at a minimum offer a mix of three and four bedroom units with
vatying floor plans.
(f.) The development is desigJIed to preserve and enhance existing natural areas
and/ or water bodies. Where no such areas exist. new areas which provide open
space and native habitat are created and inco1;porated into the project.
(g) The project provides a convenient and extensive biqcle/pedestrian network. and
access to available transit.
(2) It is acknowledged that some of the above referenced standards may not be entirely
applicable to small. infill type residential projects. For those types of projects. the ultimate density
should be based upon the attainment of those standards which are applicable. as well as the
development's ability to meet or exceed other minimum code req,uirements.
(3) For vacant property that is proposed for rezoning to RL with a density suffix. the
approving body must make a finding that the proposed density is appropriate based upon the future
land use map desigpations of surrounding property as well as the prevai1ing development pattern of
the surrounding area
Section 5. 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 6. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 7. That this ordinance shall become effective immediately upon its passage on
second and final reading.
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ORDINANCE NO. 6-05
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\~ PASSED AND ADOPTED in regular session on second and final reading on this the
_day of ~~ ,2005.
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ATIEST:
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City Clerk
Second Reading
3\\\'f:ð
3\S\~
First Reading
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ORDINANCE NO. 6-05
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # \ 0 c.. - REGULAR MEETING OF MARCH 15. 2005
ORDINANCE NO.6-OS
TO:
SUBJECT:
DATE:
MARCH 11, 2005
This ordinance is before Commission for second reading and second public hearing for a City
initiated amendment to Land Development Regulations (LDR) 4.4.5 "Low Density Residential (RL)
District", enacting performance standards and providing for recreational areas for multi-family
developments to mitigate the impacts of additional density from a base density of three (3) units per
acre to a maximum of six (6) units per acre and changing review of site plans from the Planning and
Zoning Board to the Site Plan Review and Appearance Board or the Historic Preservation Board.
The current development standards for the RL (Low Density Residential) zoning district provide for a
range in densities from a minimum of three (3) units per acre to a maximum of six (6) units per acre.
To exceed the base density for duplex and multiple family housing projects, a detennination by the
Local Planning Agency (planning and Zoning Board) that the resulting development is harmonious
with adjacent properties and does not adversely affect areas of environmental significance or
sensitivity is currendy required. The language is vague, somewhat arbitrary, and can create difficulties
with implementation. The RL district also states that multiple family uses and structures must be
approved by the Site Plan Review and Appearance Board, which conflicts with the requirement stated
above, as it relates to the review process. The proposed amendment would create a set of 7
performance standards that must be met in order to increase density beyond the minimum which is
intended to lessen the impact of the additional density. In addition, the standard for recreational
ameruties has been amended to require that facilities be provided for children of all ages.
The Planning and Zoning Board held a public hearing at its meeting of January 24, 2005. There was
no public testimony. The Board voted 5-0 to recommend to the City Commission approval of the
proposed amendment, based upon positive findings of fact and law contained ill the staff report and
finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in
LDR Section 2.4.5(M) (Amendment to Land Development Regulations).
At the first reading on March 1,2005, the City Commission passed Ordinance No.6-OS.
Recommend approval of Ordinance No.6-OS on second and final reading.
s:\c.ty Clerk\agenda memos\Otd.6-05 LDR 4.4.5 RL Denstty Range 0315.05
TO:
THRU:
FROM:
SUBJECT:
CITY COMMISSION DqÇUMENTATlqN
DAVID~E ,I A~AGER
PAUL 60~LlNG, DIRECT OF PLANNING AND ZONING
JEFFREY A. COSTELLO, SISTANT PLANNING DIRECTOR
MEETING OF MARCH 1, 2005
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS SECTION 4.4.5 RL (LOW DENSITY RESIDENTIAL)
ENACTING PERFORMANCE STANDARDS TO MITIGATE THE IMPACTS OF
ADDITIONAL DENSITY FROM A BASE DENSITY OF 3 UNITS PER ACRE TO A
MAXIMUM OF 6 UNITS PER ACRE.
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BACKGROUND
The current development standards for the RL (Low Density Residential) zoning district provide for a
range in densities from a minimum of three (3) units per acre to a maximum of six (6) units per acre. To
exceed the base density for duplex and multiple family housing projects, a determination by the Local
Planning Agency (Planning and Zoning Board) that the resulting development IS harmonious with
adjacent properties and does not adversely affect areas of environmental significance or sensitivity is
currently required This language is vague and somewhat arbitrary, and can create difficulties in its
implementation. The RL district also states that multiple family uses and structures must be approved by
the Site Plan and Appearance Board, which conflicts with the requirement stated above, as it relates to
the review process. The proposed amendment would create a set of 7 performance standards that must
be met in order to increase density beyond the minimum, which is intended to lessen the impact of the
additional density. In addition, the standard for recreational amenities has been amended to require that
facilities be provided for children of all ages. Positive findings can be made with respect to LDR Section
2.4 5(M)(5), as the proposed text amendment will further the Goals, Objectives, and Policies of the
Comprehensive Plan. Additional background and a detailed analysis of the text amendment are provided
in the attached Planning and Zoning Board staff report.
REVIEW BY OTHERS
I
Planning and Zoning Board: The Planning and Zoning Board held a public hearing regarding this item
at its meeting of January 24, 2005. There was no public testimony regarding the proposal. The Board
voted 5-0 (Kincaide absent), to recommend to the City Commission approval of the proposed
amendment by adopting the findings of fact and law contained in the staff report.
Community Redeve/oøment Agencv: At its meeting of January 27, 2005, the CRA Board reviewed
and recommended approval of the proposed text amendment.
Historic Preservation Board: At its meeting of February 2, 2005, the Historic Preservation Board
reviewed and recommended approval of the proposed text amendment
t
RECOMMENDED ACTION
Move to approve the amendment to the Land Development Regulations Section 4.4.5 by adopting the
findings of fact and law contained in the staff report and finding that the request is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development
Regulations, with second reading to occur on March 15, 2005.
Attachment: Planning & Zoning Board Staff Report of January 24, 2005
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PLANNING AND ZONING BOARD
MEMORANDUM STAFF REPORT
DElRAY DIA(H
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MEETING OF: JANUARY 24, 2005
AGENDA ITEM: IV.F. - CITY INITIATED AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS SECTION 4.4.5 RL (LOW DENSITY RESIDENTIAL)
ENACTING PERFORMANCE STANDARDS AND PROVIDING FOR
RECREATIONAL AREAS FOR MULTI-FAMILY DEVELOPMENTS TO
MITIGATE THE IMPACTS OF ADDITIONAL DENSITY FROM A BASE
DENSITY OF 3 UNITS PER ACRE TO A MAXIMUM OF 6 UNITS PER
ACRE.
fTEM·BEFORE THE·BOARD
The item before the Board is that of making a recommendation to the City Commission
regarding City-initiated amendment to LDR Section 4.4.5 regarding the RL (Low Density
Residential) regulations, pursuant to LDR Section 2.4.5(M).
Pursuant to Section 1.1.6, an amendment to the LDRs may not be made until a
recommendation is obtained from the Planning and Zoning Board.
BACKGROUND AND ANALYSIS
The current development standards for the RL (Low Density Residential) zoning district
provide for a range in densities from a minimum of three (3) units per acre to a maximum
of six (6) units per acre. To exceed the base density for duplex and multiple family
housing projects, a determination by the Local Planning Agency (Planning and Zoning
Board) that the resulting development is harmonious with adjacent properties and does
not adversely affect areas of environmental significance or sensitivity is currently
required. This language is vague and somewhat arbitrary, and can create difficulties in
its implementation. The RL district also states that multiple family uses and structures
must be approved by the Site Plan and Appearance Board, which conflicts with the
requirement stated above, as it relates to the review process. It is noted, per LDR Section
2.4.6(H), in historic districts or designated historic site, the approving body will be the
Historic Preservation Board.
The proposed amendment would create a set of performance standards that must be met
in order to increase density beyond the minimum. The standards are intended to lessen
the impact of the additional density by requiring measures to control traffic speeds and
volume, reduce the overall mass of the structures through better design, and ensure
compatibility with adjacent development through increased setbacks and buffers, when a
development is immediately adjacent to a residential zoning district having a lower
IV.F.
Planning & Zoning Board Memorandum Staff Report
LOR Amendment - RL Zoning District Performance Standards
Page 2
density. In addition, the standard for recreational amenities has been amended to require
that facilities be provided for children of all ages.
The standards will be applicable to all future projects subject to the RL zoning standards,
and to existing projects that are proposing to add new units. Smaller infill type projects
may be exempted from some of the standards, but should comply with those that are
feasible to implement. The performance standards provide for a more objective means of
determining the appropriate density of a project.
This LOR amendment is similar to the amendment approved by the City Commission in
1998, where performance standards for the RM (Medium Density Residential) zoning
district were adopted. The RM zoning district provides for a range in densities from a
minimum of six (6) units per acre to a maximum of twelve (12) units per acre. In order to
exceed the base density, a finding must be made by the approving body (in most cases,
the Site Plan Review and Appearance Board), that the development proposal
substantially complies with the performance standards.
Pursuant to LOR Section 2.4.5(M)(5), approval of an LOR amendment must be based
upon a finding that the amendment is consistent with and furthers the Goals, Objectives,
and Policies of the Comprehensive Plan. The proposed ordinance provides clarification
and an objective means to determine the density and compatibility of development with
the surrounding properties. A review of the goals, objectives and policies of the City's
Comprehensive Plan were conducted and the following goal, objective and policy support
the proposed text amendment:
FUTURE LAND USE ELEMENT:
GOAL AREA "A"
LAND WITHIN THE PLANNING AREA SHALL BE
DEVELOPED OR REDEVELOPED, TO ENHANCE THE
EXISTING QUALITY OF LIFE, COMPLIMENT EXISTING LAND
USE AND RESULT IN A MIXED, BUT PREDOMINA TEL Y
RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC
BASE.
Objective A-1
Property shall be developed or redeveloped, in a manner so that the future use and
intensity is appropriate in terms of soil, topographic, and other applicable physical
considerations; is complementary to adjacent land uses; and fulfills remaining land use
needs.
HOUSING ELEMENT:
Policv A-12.3 In evaluating proposals for new development or redevelopment, the City
shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation
patterns shall be reviewed in terms of their potential to negatively impact the safety,
Planning & Zoning Board Memorandum Staff Report
LOR Amendment - RL Zoning District Performance Standards
Page 3
habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood, the project shall be
modified accordingly or denied.
REVIEW'BY OTHERS
Historic Preservation Board:
The HPB will review the text amendment at their meting of February 2, 2005. Their
recommendation will be provided to the City Commission.
Community Redevelopment Agency
The CRA Board will review this item at their January 2ih meeting. The Board's
recommendation will provided at the City Commission meeting.
Courtesy Notices:
Courtesy Notices were provided to the following Civic Associations:
· PROD (Progressive Residents of Delray
. President's Council
Letters of objection and support, if any, will be provided at the Planning and Zoning Board
meeting.
ALTERNATIVE ACTIONS
1. Continue with direction.
2. Move to recommend to the City Commission approval of the attached amendment
to the Land Development Regulations (LDRs) Section 4.4.5, by adopting the
findings of fact and law contained in the staff report and finding that the request is
consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4.5(M) of the Land Development Regulations.
3. Move to recommend to the City Commission denial of the attached amendment to
the Land Development Regulations (LDRs) Section 4.4.5, by adopting the findings
of fact and law contained in the staff report and finding that the request is
consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4.5(M) of the Land Development Regulations.
RECOMMENDATION
By motion, recommend to the City Commission approval of the attached amendment to
LDR Section 4.4.5 by adopting the findings of fact and law contained in the staff report
Planning & Zoning Board Memorandum Staff Report
LDR Amendment - RL Zoning District Performance Standards
Page 4
and finding that the request is consistent with the Comprehensive Plan and meets criteria
set forth in Section 2.4.5(M) of the Land Development Regulations.
Attachments: Proposed LDR Amendment
Map showing RL zoned properties
ORDINANCE NO.tø-05
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF CODE OF
ORDINANCES, BY AMENDING SECTION 4.4.5, "LOW
DENSITY RESIDENTIAL (RL) DISTRICT", SUBSECTION
4.4.5(A), "PURPOSE AND INTENT", TO CLARIFY THE
APPLICABLE COMPREHENSIVE PLAN SECTION;
AMENDING SUBSECTION 4.4.5(H), "SPECIAL
REGULATIONS", PROVIDING A MEANS TO INCREASE
DENSITY IN THE RL DISTRICT AND TO PROVIDE FOR
RECREATIONAL AREAS FOR MULTI-FAMILY
DEVELOPMENTS; ENACTING SUBSECTION 4.4.5(1),
"PERFORMANCE STANDARDS", TO MITIGATE THE
IMP ACTS OF ADDITIONAL DENSITY BOTH INTERNAL
AND EXTERNAL TO THE SITE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board
reviewed the proposed text amendment at a public hearing held on January 24 and voted
_ to _ 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 DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section I. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.4.5, "Low Density Residential (RL) District",
Subsection 4.4.5(A), "Purpose and Intent", of the Land Development Regulations of the
Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby
Planning & Zoning Board Memorandum Staff Report
LOR Amendment - RL Zoning District Performance Standards
Page 5
amended to read as follows:
(A) Purpose and Intent: The Low Density Residential (RL) District provides a
residential zoning district with flexible densities having a base of three (3) units per acre and a
range to six (6) units per acre. Further, the Low Density Residential District provides for
implementation of provisions of Housing Element Goal Area "GB" of the Comprehensive Plan
and, more specifically, Policy GB-2.1 which calls for providing sites for single family detached
and low density planned residential development.
Section 3. That Section 4.4.5, "Low Density Residential (RL) District",
Subsection 4.4.5(H), "Special Regulations", of the Land Development Regulations of the
Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby
amended to read as follows:
(H) Special Ree:ulations:
(I) 1\. minimum density of three 1:1llits per aere is established for duplex and multiple
family housing projeets within this District. Density may exeeed the base of three (3) units per
acre only upon a determination by the Loeal Planning .¿\gency that the resulting development is
harmonious '.'lith adjacent properties and does not adversely affect areas of environmental
signifieanee or sensiti'lÌty. However, the maximlHll density shall not exceed six (6) units per acre.
(1) A minimum density of three units per acre is established for duplex and multiple
family housing projects within this district. Density may exceed the base of three (3) units per
acre only after the approving body makes a finding that the project has substantially complied with
performance standards as listed in 4.4.5(1). In no event shall a development's total density exceed
six (6) units per acre. The density for a specific RL development may be further limited by a
numerical suffix affixed to the designation and shown on the zoning map (i.e. RL-5 limits the
density to five units per acre). To seek a density greater than allowed by the suffix, it is necessary
to rezone the property.
(2) Notwithstanding the above, a duplex may be situated upon a platted lot pursuant to
Section 4.3 .4(1)(3 )(b).
(3) 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.
(4) The floor area of an accessory structure shall not exceed 40% of the floor area of
the principal structure.
(5) Recreational areas shall be required for all new rental apartment developments, and
of owner occupied developments which have homeowner associations that must care for retention
areas, private streets, or common areas. New developments must include recreational features that
are designed to accommodate activities for children and youth of all age ranges. Tot lots are
appropriate for toddlers; features such as a basketball court. volleyball court. and open playfields
are appropriate for older children. A pool and clubhouse, unless specifically designed for
children. is not considered to meet this requirement. Proiects having fewer than twenty-five (25)
Planning & Zoning Board Memorandum Staff Report
LDR Amendment - RL Zoning District Performance Standards
Page 6
units may be exempted from this standard where it is determined by the approving body that it is
not practical or feasible to comply.
Section 4. That Section 4.4.5, "Low Density Residential (RL) District",
Subsection 4.4.5(1), "Performance Standards", of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby
enacted to read as follows:
(I) Performance Standards:
(1) These standards shall apply to all site plans approved subsequent to March L 2005,
and for modifications to existing developments which involve the creation of additional residential
units.
In order to increase a project density beyond three (3) units per acre, the approving body
must make a finding that the development substantially complies with the performance standards
listed in this section. The intent of the standards is to mitigate the impacts of the additional
density both internal and external to the site. The extent to which a project meets the standards
will determine the number of units per acre that will be permitted. For example, if a project meets
or exceeds all of the standards, and is otherwise consistent with applicable standards and policies
of the City's Comprehensive Plan and Land Development Regulations, the maximum density is
permitted. Projects which only partially achieve these standards will be permitted a
correspondingly lower density. The performance standards are as follows
(a) The traffic circulation system is designed to control speed and reduce volumes
on the interior and exterior street network. This can be accomplished through
the use of traffic calming devices; street networks consisting of loops and short
segments; multiple entrances and exists into the development; and similar
measures that are intended to minimize through traffic and keep speeds within
the development at or below 20 m.p.h.
(b) Buildings are placed throughout the development in a manner that reduces the
overall massing, and provides a feeling of open space.
(c) Where immediately adjacent to residential zoning districts having a lower
density, building setbacks and landscape materials along those adjacent property
lines are increased beyond the required minimums in order to provide a
meaningful buffer to those lower density areas. Building setbacks are increased
by at least 25% of the required minimum; at least one tree per 30 linear feet (or
fraction thereof) is provided; trees exceed the required height at time of planting
by 25% or more; and a hedge, wall or fence is provided as a visual buffer
between the properties.
(d) The development offers a varied streetscape and building design. For example,
setbacks are staggered and offset, with varying roof heights (for multi-family
buildings, the planes of the facades are offset to add interest and distinguish
individual units). Building elevations incorporate diversity in window and door
Planning & Zoning Board Memorandum Staff Report
LDR Amendment - RL Zoning District Performance Standards
Page 7
shapes and locations; features such as balconies, arches, porches, courtyards;
and design elements such as shutters, window mullions, quoins, decorative tiles,
etc.
(e) A number of different unit types, sizes and floor plans are available within the
development in order to accommodate households of various ages and sizes.
Multi-family housing will at a minimum have a mix of one, two and three
bedroom units with varying floor plans. Single family housing (attached and
detached) will at a minimum offer a mix of three and four bedroom units with
varying floor plans.
(f) The development is designed to preserve and enhance existing natural areas
and/or water bodies. Where no such areas exist, new areas which provide open
space and native habitat are created and incorporated into the project.
(g) The project provides a convenient and extensive bicycle/pedestrian network, and
access to available transit.
(2) It is acknowledged that some of the above referenced standards may not be entirely
applicable to small, infill type residential projects. For those types of projects, the ultimate density
should be based upon the attainment of those standards which are applicable, as well as the
development's ability to meet or exceed other minimum code requirements.
(3) For vacant property that is proposed for rezoning to RL with a density suffix, the
approving body must make a finding that the proposed density is appropriate based upon the
future land use map designations of surrounding property as well as the prevailing development
pattern of the surrounding area
Section 5. 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 6. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
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 , 200_.
ATTEST
MAYOR
Planning & Zoning Board Memorandum Staff Report
LDR Amendment - RL Zoning District Performance Standards
Page 8
City Clerk
First Reading
Second Reading
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CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT TO
THE LAND DEVELOPMENT REGULATIONS
BY AMENDING SECTION 4.4.5, "LOW
DENSITY RESIDENTIAL (RL) DISTRICT",
TO CLARIFY THE APPLICABLE
COMPREHENSIVE PLAN SECTION; TO
PROVIDE A MEANS TO INCREASE DENSITY
IN THE RL DISTRla AND TO PROVIDE
FOR RECREATIONAL AREAS FOR
MULTI-FAMILY DEVELOPMENTS AND
ENAalNG A SUB-SEaION REGARDING
PERFORMANCE STANDARDS
The City Commission of the City of Delroy Beach, Florida, proposes to adopt the
following ordinance:
ORDINANCE NO. 6-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DElAAY BEACH,
FLORIDA, AMENDING THE lAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES, BY AMENDING SECTION 4.4.5, MLOW DENSITY RESIDENTIAL
(RL) DlSTRlCTM, SUBSECTION 4..4.5(A), MpuRPOSE AND INTENT", TO CLARIFY THE
APPUCABLE COMPREHENSIVE PlAN SECTION; AMENDING SUBSECTION
4.4.5(H , MSPECIAL REGULATIONS", PROVIDING A MEANS TO INCREASE DEN-
SITY IN THE RL DISTRICT AND TO PROVIDE FOR RECREATIONAL AREAS FOR
MUlTI-FAMILY DEVELOPMENTS, ENACTING SUBSECTION 4.4.5(11, MPERFOR-
MANCE STANDARDSM, TO MITIGATE THE IMPACTS OF ADDITIONAL DENSITY
BOTH INTERNAL AND EXTERNAL TO THE SITE; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the purpose of accept-
ing public testimony regarding the proposed ordinance The first Public Hearing will
be held on TUESDAY. MARCH 1. 2005. AT 7:00 P.M. at City Hall, 100 NW.
1 st Avenue, Delroy Beach, Florida. IF the proposed ordinance is passed on First
reading, a second Public Hearing will be held on TUESDAY. MARCH 15. 2005.
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,
Delroy Beach, Florida.
All interested citizens are invited to attend the public hearings and comment upon
the proposed ordinance or submit their comments in writing on or before the date of
these hearings to the Planning and Zoning Department For further information or
to obtain a copy of the proposed ordinance, please contact the Plann.ing and Zoning
Department, City Hall, 100 N.W. 1st Avenue, Delroy Beach, Florida 3344.4 (email
at pzmail@mydelraybeach coml or by calling ~ 1 /243-704?" be~n 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 DECISIONeMADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED
AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM
RECORD INaUDES 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. 286.01 05.
OTY OF. DElAAY BEACH
Chevelle D. Nubin
City clerk
PUBUSH: Monday, February 21, 2005
Tuesday, March 8, 2005
Boca Raton/Delroy Beach News
AD# NS020588
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CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT TO
THE LAND DEVELOPMENT REGULATIONS
BY AMENDING SECTION 4.4.5, "LOW
DENSITY RESIDENTIAL (Rl) DISTRICT",
TO CLARIFY THE APPLICABLE
COMPREHENSIVE PLAN SEaION; TO
PROVIDE A MEANS TO INCREASE DENSITY
IN THE RL DISTRICT AND TO PROVIDE
FOR RECREATIONAL AREAS FOR
MULTI-FAMILY DEVELOPMENTS AND
ENACTING A SUB-SECTION REGARDING
PERFORMANCE STANDARDS
The City Commission of the City of Delroy Beach, Florida, proposes to adopt the
following ordmance.
ORDINANCE NO. 6-05
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 4.45, "LOW DENSITY RESIDENTIAL
(RL) DISTRICT", SUBSECTION 4.4 5(A), "PURPOSE AND INTENT", TO CLARIFY THE
APPUCABLE COMPREHENSIVE PLAN SECTION; AMENDING SUBSECTION
4 4.5(H), "SPECIAL REGULATIONS", PROVIDING A MEANS TO INCREASE DEN-
SITY IN THE RL DISTRICT AND TO PROVIDE FOR RECREATIONAL AREAS FOR
MULTI-FAMILY DEVELOPMENTS; ENACTING SUBSECTION 4.4.5(1), "PERFOR-
MANCE STANDARDS', TO MITIGATE THE IMPACTS OF ADDITIONAL DENSITY
BOTH INTERNAL AND EXTERNAL TO THE SITE; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Heanngs for the purpose of accept-
ing public testimony regarding the proposed ordinance. The first Public Hearing will
be held on TUESDAY, MARCH 1,2005, AT 7:00 P.M. at City Hall, 100 N W
1 st Avenue, Delroy Beach, Florida If the proposed ordinance is passed on First
reading, a second Public Hearing will be held on TUESDAY, MARCH 15, 2005,
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, lOON W 1 st Avenue,
Delroy Beach, Florida
All interested citizens are invited to allend 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. 1 st Avenue, Delroy Beach, Florida 33444 (email
at pzmOlI@mydelrqybeach coml or by calling 561/243-7040), between the hours
of 8 00 a.m and 5:00 p.m., Mondoy through Fridoy, 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.
CITY OF DElRAY BEACH
Chevelle D. Nubin
City Clerk
PUBUSH: Monday, February 21, 2005
Tuesdoy, March 8, 2005
Boca Raton/Delroy Beach News
AD# NS020588
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