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Ord 24-01ORDINANCE NO. 24-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY AMENDING APPENDIX "A", "DEFINITIONS", TO CLARIFY THE DEFINITION OF "GROUND FLOOR BUILDING AREA"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to Land Development Regulation Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing on March 19, 2001, and voted 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 changes are consistent with and further the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, Appendix "A", "Definitions" be and the same is hereby amended by repealing the current definition and enacting a new definition of "Ground Floor Building Area" to read as follows: GROUND FLOOR BUILDING AREA: The square feet of floor space measured from the exterior faces of the exterior walls of the ground floor of all principal and accessory buildings on the lot. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the MAYOR ATTEST Acting City Clerk First Reading ~/~,/~ / Second Reading. ~//7/o/ 2 ORD NO. 24-01 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND C1TY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM #/0~REG~ MEETING OF APRIL 17, 2001 ORDINANCE NO. 24-01 DATE: APRIL 13, 2001 (AMENDING LDR'S ,'DEFINITIONS") This is second reading and public hearing for Ordinance No. 24-01 by amending Appendix "A", "Definitions", to clarify the definition of "Ground Floor Building Area". The new definition to read as follows: GROUND FLOOR BUILDING AREA: The square feet of floor space measured from the exterior faces of the exterior walls of the ground floor of all principal and accessory buildings on the lot. At the first reading this ordinance was approved 5-0. Recommend approval of Ordinance No. 24.01 on second and final reading. Ref'~gmemo21 Ord.24-01LDR Defimt~on. Fma14-17-01 TO: THRU: FROM: SUBJECT: PAUL DORLING, DIRECTOR~IING JEFFREY A. COSTELLO, PRImaL-PLANNER MEETING OF APRIL 3, 200'1 AMENDMENT TO LAND DEVELOPMENT REGULATIONS RELATING TO THE DEFINITION OF GROUND FLOOR BUILDING AREA. This amendment is to provide clarification to the definition of "Ground Floor Building Area" contained within the Land Development Regulations. At its meeting of September 14, 2000, the Board of Adjustment approved a variance to reduce the minimum required floor area in the Planned Commercial zoning district from 6,000 sq. ft. to 208 sq. ft. for a Murphy's Oil gasoline station. The basis for allowing the variance related to the argument that the pump island canopy should be included as floor area as it meets the current definition. This literal interpretation was supported by the Board of Adjustment and clearly was not the intent of the minimum floor area requirement of 6,000 sq.ft, in the PC zoning district. Ground Floor Building Area is currently defined as follows: "The percentage of the total area of a lot that, when viewed directly from above, would be covered by all principal and accessory buildings and structures." If this definition remains as currently written, similar requests would be anticipated for other gasoline stations and other types of developments which have canopies, such as drive-through bank facilities. This interpretation of the definition also creates conflicts with other sections of the LDRs, which deal with requirements based on floor area, such as parking and the minimum floor area for residential structures. To clarify the issue, the following definition is proposed: "The square feet of floor space measured from the exterior faces of the exterior walls of the ground floor of all principal and accessory buildings on the lot." The Planning and Zoning Board held a public heating regarding this item at its meeting of March 19, 2001. There was no public testimony regarding the amendment. After discussing the item, the Board voted 7-0 to recommend to the City Commission approval of the proposed text amendment, based upon positive findings with respect to LDR Section 2.4.5(M). By motion, approve the amendment to the "Definitions" section of the Land Development Regulations (Appendix A) regarding ground floor building area, based upon the findings and recommendations by the Planning and Zoning Board, setting a public hearing date of April 17, 2001. Attachments: Ordinance by Others ORDINANCE NO. 24-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY AMENDING APPENDIX "A", "DEFINITIONS", TO CLARIFY THE DEFINITION OF "GROUND FLOOR BUILDING AREA"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to Land Development Regulation Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing on March 19, 2001, and voted 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 changes are consistent with and further the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, Appendix "A", "Definitions" be and the same is hereby amended by repealing the current definition and enacting a new definition of "Ground Floor Building Area" to read as follows: GROUND FLOOR BUILDING AREA: The square feet of floor space measured from the exterior faces of the exterior walls of the ground floor of all principal and accessory buildings on the lot. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ,2001. ATTEST MAYOR Acting City Clerk First Reading Second Reading 2 ORD NO. 24-01 & PUBLIC HEARING w~l be held om ~e ~lgT~~ ~dmances ~ 7~0 ~1117, 2001 (era/ Ctmm~ms, dONW ~, ~ORID~ A~NG OF CITRUS ~KER ~1~ TO ~ ~R~ ~P~IES ~O ~6LIC ~IL~ ~P~I~ W~IN ~E Cl~ ~Y ~H, ~O~Ol~ A G~ ~ REaR C~ A ~,~O~ ~ OA~ ~1~ ~ ~E C~ ~ ~Y ~ ~1~ ~ENOING ~ ~R 4. ~ING REGU~TI~", ~ ~ ~L~E~ REG~ ~S OF ~E CODE OF ORBI- tS ~ ~E C~ ~ ~Y ~H BY ~ENDING ~ON 4~7. ~S", IN ~R TO ~ ~ ~R~ ~D ~ C~I~ ~U~ RE~ T0 ~- ~RC~ ~E~, ~1~ SIGN ~TRIX C~RT~D ~1~ A N~ SIGN ~IX ~T, ~1~ ~ ~FINI~ ~ON BY ~DI~ ~E ~RNI- ~ ~, PRO~DI~ ~ ~ ~DING ~RT~ RTIONS, PROVIDI~ ~R ~ ~ RENnin, ~1~ A ~ C~E A ~CIFIC U~S" 0F ~E ~L~ REGU~TIONS ~ ~ ~ ~L~Y ~, ~ORI~ ~ RE~I~ ~E~I~ (I). ~R HOMES ~DGROUP ~ES", ~D E~I~ A N~ ~TIAL H~ES ~D GROUP .~, ~ ~O~ ~ REG~- ~~S~D~ ~N~ RESIOE~L ~MES, ~DI~ ~1~ 441, '~RI- ~ ~ DISTRI~ ~)", S~ ~ION 44 I(B), ~I~IP~ ~ ~O S~U~URES ~RMI~ED", ~N~ ~CTI~ 44~ "RU~ ~E~I~ 4 42(B). ~I~IPA ~ ~D ~S ~IT- ~D", ~ENDING SECTION 443, ;~LY ~ (R-~ "~ ~),~ ~P~ ~S ~ ~R~ ~18 hide,/llld S, ~1 $ECTON 4.45, 'LOW DENS/TY RESI- DENTIAL (RL) O~STRICT, SUBSEC- TION 445(B), I~RINCIPAL USES AND STRUCTURES PERMrr~D", SUB- SECTION 44 5(D), ~NDI'TIONAL ~'NDINC SECtiON 446, "MEDIUM DENSITY RESIDEN31AL (RM) DIS- TRICT~, SUBSECTION 4 4 6(B), "PRINCIPAL USESAND STRUC- TURES PERMITTED, SUBSECTION 446~D), 'coN~moN/~ USES AND , S~RU~JRES ALLOWED", AMEND- lNG SECTION 449, "GENEFL~. COM- ~ON 44 9{B}, 'P~NQPAL USES ~dD SI~UCTURES PERMITTED, ~BS~'I10N 449(0), "CONDmON- AL U~ES AND ~RUCTU~ES 4413, "CEI~rr~AL BUSINESS (CBO) DISllRICT,' SUB~-~noN 4413 (D) '"~oNomoNAL U~ES ~ND STRUC- T10~-4417, 'l~EStDENIIAL OFFICE 4O) DISTRICT," SUB~ECTION 17(B) 'PRINCIPAL USES STRUCTURES PERMITTED", SUB- ~r'CTtON 4417(C), "A~CE~SORY TED", SUBSE~qON 4417(0), ~ Dm0NAL USES ANO S~LICTURES ALLOWED", ~END~N6 SECI~0N 4 4~1, 'COMNIuNrr~ F~CILmES DISTRICT', ~ 44.21 (B), 'PRINCIPAL USES ~ID STRUC- TLIRES ALLOWED", ~BSECTION 44~1(0), 'CONDITIONA~ ~ ~IB STRUCTURES ALLOWED", ~MEND- · G SECTION 44-24, 'OLB SCHOO~- S~U~RE HISTORm NTTS (OSSH~)), S~BSECrlON 44~4(B), 'I~IINCIPAL USES ANB STRLIC- ~RES', S~ISSECTION 4 4 24(0), TURES ~LOWED" TO PROVIDE FOR 3~E REGULRTION 0~ GROLI~ N(NVlES COMMUNITY RESIDENTIAL HOMES, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING N4 ORDINN~CE OF ~rF_ C~Y COM- MISS~N OF TIE C~TY OF DELRAY BEACH, F~ORIDA, AMENDING THE LAND DEVELOI~ENT REGULAltONS OF 1HE COOE OF ORDINANCES OF THE CiTY OF DELRAY BEACH, FLORI- DA BY NVENDING APPENDIX "A", 'DEFINITIONS", TO CLARIFY THE DEFINITION OF "GROUND FLOOR BUILDING AREA", P~OV~DING A GENERAL REPEALER CLAUSE, MISSION OF THE ~ O~ DELRAy O~ I~E CODE OF ORDINANCES OF THE C~TY O~ DrcLRAY BEN~, FLORI- ~R, BY AMEN[N~G SE~b~rloN 71 070, CLAUSE, A GENERAL REPEALER RN ORDIItW~E OF THE CrlY COiF MI~ ~ ~ ~ 0F ~Y ~. EORIDk ~ ~ ~HENS~ ~ ~ ~ ~E 'L~ ~R~ ~D ~ ~ R~U~- ~ ~. ~ORIDA STA~ ~ ~L~, ~ ~ ~E P~ ~Y ~l~ ~ ~ff *A' ~ ~PR~S~ ~ I PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: MARCH 19, 2001 AGENDA ITEM: IV.D. AMENDMENT TO THE DEFINITION OF GROUND FLOOR BUILDING AREA. ITEM BEFORE THE BOARD The item before the Board is that of processing an amendment to the "Definitions" section of the Land Development Regulations (LDRs) regarding ground floor building area. The amendment is being processed in accordance with 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 ANDANALYSIS II This amendment is to provide clarification to the definition of "Ground Floor Building Area" contained within the Land Development Regulations and stated as follows: "The percentage of the total area of a lot that, when viewed directly from above, would be covered by afl principal and accessory buildings and structures." At its meeting of September 14, 2000, the Board of Adjustment approved a variance to reduce the minimum required floor area in the Planned Commercial zoning district from 6,000 sq. ft. to 208 sq. ft. for a Murphy's Oil gasoline station. The basis for allowing the variance related to the argument that the pump island canopy should be included as floor area as it meets the aforementioned definition. This represented a literal interpretation of the definition that was not the intent of the authors. However, since the Board of Adjustments' action was precedent setting, if this definition remains as currently written, similar requests would have to be granted for other gasoline stations and other types of developments which have canopies, such as drive-through bank facilities. This interpretation of the definition also creates conflicts with other sections of the LDRs which deal with requirements based on floor area, such as parking and the minimum floor area for residential structures. The clarify the issue, the following definition is proposed: "The square feet of floor space measured from the exterior faces of the exterior walls of the ground floor of all principal and accessory buildings on the lot" Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goats. Objectives, and Policies of the Comprehensive Plan. As noted previously, this amendment is being initiated more for "housekeeping" purposes than to fulfill any specific Comp Plan policy. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. RECOMMENDED ACTION " By motion, recommend approval of the attached amendments to the "Definitions" section of the Land Development Regulations, based upon positive findings with LDR Section 2.4.5(M).