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Ord 53-01ORDINANCE NO. 53-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER FOUR, "ZONING REGULATIONS", ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO PROVIDE FOR CLARIFICATION OF CONDITIONAL USES AND STRUCTURES ALLOWED IN THE GC DISTRICT, BY AMENDING SUBSECTION (F), "DEVELOPMENT STANDARDS", SUB-SUBSECTION (2), "WEST ATLANTIC AVENUE OVERLAY DISTRICT DEVELOPMENT STANDARDS", TO PROVIDE SETBACKS FOR PARCELS THAT HAVE FRONTAGE ALONG NW AND SW 5TH AVENUE; AND BY AMENDING SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", BY AMENDING SUB-SUBSECTION (1), "WEST ATLANTIC AVENUE OVERLAY DISTRICT SUPPLEMENTAL DISTRICT REGULATIONS", TO PROVIDE THAT ALL PERMITTED USES WITH DRIVE-THROUGH FACILITIES SHALL REQU/RE CONDITIONAL USE APPROVAL AND TO ESTABLISH PARKING REQUIREMENTS FOR HOTELS AND MOTELS; 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 September 24, 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 change is consistent with and furthers the goals, 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 Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.9, "General Commercial (GC) District", Subsection (D), "Conditional Uses and Structures Allowed", 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: (D) Conditional Uses and Structures Allowed: The following are allowed as conditional uses within the GC District, except as modified in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(-a9 and the North Federal Highway Overlay District by Section 4.4.9(G)(2). Section 2. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.9, "General Commercial (GC) District", Subsection (F), "Development Standards", Sub-Subsection 2, "West Atlantic Avenue Overlay District Development Standards", 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: (2) West Atlantic Avenue Overlay District Development Standards: The following development standards apply in the West Atlantic Avenue Overlay District as defined in Section 4.5.6(B): (a) Parcels that have frontage along Atlantic Avenue, NW 5m Avenue, or SW 5th Avenue shall have a front setback of five feet (5') from the ultimate right-of-way line. The front setback area shall be paved with paver blocks to match the existing sidewalks within the Atlantic Avenue right-of-way. (b) The minimum open space requirement is ten percent (10%) of the site area. All landscape requirements for parking lots and buffering of residential properties, pursuant to Section 4.6.5 and 4.6.16, shall apply. Section 3. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.9, "General Commercial (GC) District", Subsection (G), "Supplemental District Regulations", Sub-Subsection 1, "West Atlantic Avenue Overlay District Supplemental District 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: (1) West Atlantic Avenue Overlay District Supplemental District Regulations: The following supplemental district regulations apply in the West Atlantic Avenue Overlay District as defined in Section 4.5.6(B): (a) The following principal and conditional uses are prohibited in the overlay district: Retail or Wholesale Firearm or Ammunition Sales; Retail or Wholesale Automotive Parts Sales; 2 ORD. NO. 53-01 Lawn Care Equipment Sales; Contractor's Offices; Abused Spouse Residences; Shooting Ranges; Adult Entertainment Establishments; Service Stations. (b) All permitted uses with drive-t.~ough facilities shall require conditional use approval. All buildings fronting on West Atlantic Avenue, N.W. 5t~ Avenue, or S.W. 5th Avenue must contain nonresidential uses on the ground floor facing the street. Dwelling units are permitted within the same structure as commercial uses with no restriction on the percentage of each use allowed. In the event that residential and non-residential uses are located in the same structure, residential uses and non- residential uses must be physically separated and have separate accessways. Commercial structures are limited to a maximum depth of 150 feet from the ultimate fight-of-way of Atlantic Avenue, unless the parcel has frontage on N.W. 5th Avenue or S.W. 5th Avenue. Accessory uses such as parking areas, landscaping, and drainage retention areas may extend beyond the 150 foot limit. Establishment or expansion of structures beyond the 150 foot limit may be allowed as a conditional use, subject to the required findings of Section 2.4.5(E)(5). (d_e) Six (6) parking spaces per 1,000 square feet of gross floor area are required for restaurants and one (1) parking space per 300 square feet of gross floor area is required for all other non-residential uses, .except hotels and motels. Parking spaces for residential uses are required at the rates established in Section 4.6.9(C)(2). The parking requirement for hotels and motels is established at 0.7 of a space for each guest room plus one {1) space per 300 sq. fL of floor area devoted to ballrooms, meeting rooms, and shops and six {6) spaces per 1 ~000 sq. ft. of floor area devoted to restaurants and lounges within the hotel or motel. (eg) If it is impossible or inappropriate to provide required parking on site or off-site, the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied. (~) There is no restriction on repair and/or reconstruction of non-conforming single family residences located a minimum of 150 feet from Atlantic Avenue. 3 ORD. NO. 53-01 (g~) Parking areas and accessways to parking lots must be located to the rear of commercial structures that have frontage on Atlantic Avenue. Where locating parking to the rear of the structure is impossible or inappropriate, the Site Plan Review and Appearance Board may approve an alternate location. (hi) Free standing or mixed-use residential development up to twelve (12) units per acre is a permitted use. Density may exceed twelve (12) units per acre, up to a maximum of thirty (30) units per acre, as a conditional use. Density may exceed 12 units per acre only at~er the approving body makes a finding that the project has substantially complied with the performance standards listed below, the West Atlantic Avenue Redevelopment Plan, required findings of Section 2.4.5(E), and applicable standards of the Comprehensive Plan and Land Development Regulations. Notwithstanding these provisions, the approving body may deny an application for increased density where it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. It is acknowledged that it may not be possible for projects which involve the modification of existing structures to comply with many of the standards. For those types of projects, the ultimate density should be based upon compliance with those standards which can be reasonably attained, as well as the project's ability to further the goal of revitalizing the Redevelopment Area. The following performance standards shall apply to all applications for new development and modification of existing developments which would result in a density greater than twelve (12) dwelling units per acre: (1) The development offers variation in design to add interest to the elevations and relief from the building mass. For example, the building setbacks or planes of the fagade are offset and varied. In structures having more than two stories, stepping back of the upper stores (third floor and above) is encouraged to decrease the perception of bulk. Building elevations incorporate several of the following elements: diversity in window and door shapes and locations; features such as balconies, arches, porches; and design elements such as shutters, window mullions, quoins, decorative tiles, or similar distinguishing features. (2) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials an color, vertical and horizontal elements, and architectural style. The garage is designed in a manner that obscures parked vehicles except in places where unavoidable, such as entrances and exits. Development of a 4 ORD. NO. 53-01 portion of the ground floor perimeter adjacent to street rights of way is devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc., is encouraged. (3) A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encourages, as are a combination of multi-level units and flats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. There is no maximum percentage established for projects having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. (4) The interiors of the dwelling units provide unique features and conveniences that distinguish them from standard multi-family projects and create an attractive living environment. Examples of some of the features that could be incorporated to meet this standard are: ceiling heights of 9 feet or greater, extensive use of natural lighting; panel doors throughout thc interior; use of decorative molding for baseboard, door and window casings; wood or ceramic tile flooring in all or a portion of the units; built in cabinetry and/or shelving; arched entryways or passageways; individual laundry facilities; special security features; or a combination of similar features and elements that meet the intent of this standard. (5) The development provides common areas and/or amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards, or similar areas and/or amenities. (6) The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. Pedestrian areas adjacent to the building are enhanced by providing additional sidewalk area at the same level as the abutting public sidewalk. Accessways to parking areas are designed in a manner that minimizes conflicts between vehicles and pedestrians. The public street or streets immediately adjacent to the development are enhanced in a manner that is consistent with the streetscape on West Atlantic Avenue. (7) The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. 5 ORD. NO. 53-01 (8) Nonresidential ground floor space has ceilings not less than ten (10) feet in height. For buildings fronting on West Atlantic Avenue, NW 5th Avenue, or SW 5th Avenue, at least fifty percent (50%) of the surface area of the front street wall(s) at the ground floor of each such building is devoted to display windows and to entrances to commercial uses from outside the building. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PAS SED/~/aDOPTED AT2EST ~ 'City Clerk First Reading~_~. ,~1 ~ ~g~O / Second Reading [~- ]~ ',~qOO / in regular session on second and final reading on this the ,200 / , MAYOR 6 ORD. NO. 53-01 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM/O'/~ ORDINANCE NO. DISTRICT) - REGULAR MEETING OCTOBER 16, 2001 53-01 (GENERAL COMMERCIAL ZONING OCTOBER 12, 2001 This is second reading and a public hearing for Ordinance No. 53-01 which amends the Land Development Regulations with respect to the General Commercial Zoning District renting to the West Atlantic Avenue Overlay District. In 2000, the second amendment to the West Atlantic Avenue Redevelopment Plan recommended three text amendments to the Land Development Regulations: · All drive-through facilities within the Overlay District will require conditional use approval; · The front setback for properties fronting on NW and SW 5m Avenues within the Overlay District shall be reduced to 5'; and, · The parking requirements for hotels and motels should be set at 0.7 of a space for each guest room plus one (1) space per 300 sq. ft. of floor area devoted to ballrooms, meeting rooms, and shops and six (6) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges within the hotel or motel. The purpose of the first two amendments is to promote pedestrian activity on the Avenue. The third amendment deals with modification of the parking requirements for hotels and motels which is excessive and would hinder development of a hotel or motel within this area. Additional background and analysis is provided in the attached Planning and Zomng Board staff report. Recommend approval of Ordinance No. 53-01 on second and final reading, based upon the findings and recommendation of the Planning and Zoning Board. Ref:Agmemol 4.Ord53.01.10.16.01 CITY COMMi$Si~ON DOCUMENTATiON~ ~' TO: THRU: FROM: SUBJECT: DAVID T~N, C~AGER PAUL DORLING, DIRECTOI~F PLANNING AND ZONING RONALD HOGGARD, SENIOR PLANNER~,{,.~ MEETING OF OCTOBER 2, 2001 AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRs) GC (GENERAL COMMERCIAL) ZONING DISTRICT RELATING TO THE WEST ATLANTIC AVENUE OVERLAY DISTRICT. BACKGROUND In 2000, the second amendment to the West Atlantic Avenue Redevelopment Plan recommended three text amendments to the Land Development Regulations: All drive-through facilities within the Overlay Distdct will require conditional use approval; The front setback for properties fronting on NW and SW 5th Avenues within the Overlay District shall be reduced to 5'; and, The parking requirements for hotels and motels should be set at 0.7 of a space for each guest room plus one (1) space per 300 sq. ft. of floor area devoted to ballrooms, meeting rooms, and shops and six (6) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges within the hotel or motel. The purpose of the first two amendments is to promote pedestrian activity on the Avenue. The third amendment deals with modification of the parking requirements for hotels and motels which is excessive and would hinder development of a hotel or motel within this area. Additional background and analysis is provided in the attached Planning and Zoning Board staff report. The Planning and Zoning Board held a public hearing regarding this item at its meeting of September 24, 2001. After discussing the amendment, the Board voted 5-0 (Randolph and Shutt absent) 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)(5). The proposed amendments were reviewed by the Downtown Development Authority (DDA), Community Redevelopment Agency (CRA), Historic Preservation Board (HPB) and the West Atlantic Avenue Redevelopment Coalition (WARC). All of these Boards recommended approval By motion, approve on first reading the ordinance amending the Land Development Regulations (LDRs) GC (General Commercial) zoning district relating to the West Atlantic Avenue Overlay District, based upon the findings and recommendations by the Planning and Zoning Board, and set a public hearing date of October 16, 2001. Attachments: P&Z Board Staff Report of September 24, 2001 & Ordinance by Others /0 ORDINANCE NO. 53-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER FOUR, "ZONING REGULATIONS", ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO PROVIDE FOR CLARIFICATION OF CONDITIONAL USES AND STRUCTURES ALLOWED IN THE GC DISTRICT, BY AMENDING SUBSECTION (F), "DEVELOPMENT STANDARDS", SUB-SUBSECTION (2), "WEST ATLANTIC AVENUE OVERLAY DISTRICT DEVELOPMENT STANDARDS", TO PROVIDE SETBACKS FOR PARCELS THAT HAVE FRONTAGE ALONG NW AND SW 5TH AVENUE; AND BY AMENDING SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", BY AMENDING SUB-SUBSECTION (1), "WEST ATLANTIC AVENUE OVERLAY DISTRICT SUPPLEMENTAL DISTRICT REGULATIONS", TO PROVIDE THAT ALL PERMITTED USES WITH DRIVE-THROUGH FACILITIES SHALL REQUIRE CONDITIONAL USE APPROVAL AND TO ESTABLISH PARKING REQUIREMENTS FOR HOTELS AND MOTELS; 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 September 24, 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 change is consistent with and furthers the goals, 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 Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.9, "General Commercial (GC) District", Subsection (D), "Conditional Uses and Structures Allowed", 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: (D) Conditional Uses and Structures Allowed: The following are allowed as conditional uses within the GC District, except as modified in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(a) and the North Federal Highway Overlay District by Section 4.4.9(13)(2). Section 2. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.9, "General Commercial (GC) District", Subsection (F), "Development Standards", Sub-Subsection 2, "West Atlantic Avenue Overlay District Development Standards", 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: (2) West Atlantic Avenue Overlay District Development Standards: The following development standards apply in the West Atlantic Avenue Overlay District as defined in Section 4.5.6(B): (a) Parcels that have frontage along Atlantic Avenue, NW 5th Avenue, or SW 5th Avenue shall have a front setback of five feet (5') from the ultimate right-of-way line. The front setback area shall be paved with paver blocks to match the existing sidewalks within the Atlantic Avenue right-of-way. (b) The minimum open space requirement is ten percent (10%) of the site area. All landscape requirements for parking lots and buffering of residential properties, pursuant to Section 4.6.5 and 4.6.16, shall apply. Section 3. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.9, "General Commercial (GC) District", Subsection (G), "Supplemental District Regulations", Sub-Subsection 1, "West Atlantic Avenue Overlay District Supplemental District 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: (1) West Atlantic Avenue Overlay District Supplemental District Regulations: The following supplemental district regulations apply in the West Atlantic Avenue Overlay District as defined in Section 4.5.6(B): (a) The following principal and conditional uses are prohibited in the overlay district: * Retail or Wholesale Firearm or Ammunition Sales; * Retail or Wholesale Automotive Parts Sales; 2 ORD. NO. 53-01 (4) Lawn Care Equipment Sales; Contractor's Offices; Abused Spouse Residences; Shooting Ranges; Adult Entertainment Establishments; Service Stations. All permitted uses with drive-through facilities shall require conditional use approval. All buildings fronting on West Atlantic Avenue, N.W. 5th Avenue, or S.W. 5th Avenue must contain nonresidential uses on the ground floor facing the street. Dwelling units are permitted within the same structure as commercial uses with no restriction on the percentage of each use allowed. In the event that residential and non-residential uses are located in the same structure, residential uses and non- residential uses must be physically separated and have separate accessways. Commercial structures are limited to a maximum depth of 150 feet from the ultimate right-of-way of Atlantic Avenue, unless the parcel has frontage on N.W. 5th Avenue or S.W. 5th Avenue. Accessory uses such as parking areas, landscaping, and drainage retention areas may extend beyond the 150 foot limit. Establishment or expansion of structures beyond the 150 foot limit may be allowed as a conditional use, subject to the required findings of Section 2.4.5(E)(5). Six (6) parking spaces per 1,000 square feet of gross floor area are required for restaurants and one (1) parking space per 300 square feet of gross floor area is required for all other non-residential uses, except hotels and motels. Parking spaces for residential uses are required at the rates established in Section 4.6.9(C)(2). The parking requirement for hotels and motels is established at 0.7 of a space for each guest room plus one (1) space per 300 sq. ft. of floor area devoted to ballrooms, meeting rooms, and shops and six (6) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges within the hotel or motel. If it is impossible or inappropriate to provide required parking on site or off-site, the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied. There is no restriction on repair and/or reconstruction of non-conforming single family residences located a minimum of 150 feet from Atlantic Avenue. 3 ORD. NO. 53-01 (g~) Parking areas and accessways to parking lots must be located to the rear of commercial structures that have fi'ontage on Atlantic Avenue. Where locating parking to the rear of the structure is impossible or inappropriate, the Site Plan Review and Appearance Board may approve an alternate location. (h.~) Free standing or mixed-use residential development up to twelve (12) units per acre is a permitted use. Density may exceed twelve (12) units per acre, up to a maximum of thirty (30) units per acre, as a conditional use. Density may exceed 12 units per acre only after the approving body makes a finding that the project has substantially complied with the performance standards listed below, the West Atlantic Avenue Redevelopment Plan, required findings of Section 2.4.5(E), and applicable standards of the Comprehensive Plan and Land Development Regulations. Notwithstanding these provisions, the approving body may deny an application for increased density where it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. It is acknowledged that it may not be possible for projects which involve the modification of existing structures to comply with many of the standards. For those types of projects, the ultimate density should be based upon compliance with those standards which can be reasonably attained, as well as the project's ability to further the goal of revitalizing the Redevelopment Area. The following performance standards shall apply to all applications for new development and modification of existing developments which would result in a density greater than twelve (12) dwelling units per acre: (1) The development offers variation in design to add interest to the elevations and relief fi.om the building mass. For example, the building setbacks or planes of the faqade are offset and varied. In structures having more than two stories, stepping back of the upper stores (third floor and above) is encouraged to decrease the perception of bulk. Building elevations incorporate several of the following elements: diversity in window and door shapes and locations; features such as balconies, arches, porches; and design elements such as shutters, window mullions, quoins, decorative tiles, or similar distinguishing features. (2) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials an color, vertical and horizontal elements, and architectural style. The garage is designed in a manner that obscures parked vehicles except in places where unavoidable, such as entrances and exits. Development of a 4 ORD. NO. 53-01 portion of the ground floor perimeter adjacent to street rights of way is devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc., is encouraged. (3) A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encourages, as are a combination of multi-level units and flats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. There is no maximum percentage established for projects having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. (4) The interiors of the dwelling units provide unique features and conveniences that distinguish them from standard multi-family projects and create an attractive living environment. Examples of some of the features that could be incorporated to meet this standard are: ceiling heights of 9 feet or greater, extensive use of natural lighting; panel doors throughout the interior; use of decorative molding for baseboard, door and window casings; wood or ceramic tile flooring in all or a portion of the units; built in cabinetry and/or shelving; arched entryways or passageways; individual laundry facilities; special security features; or a combination of similar features and elements that meet the intent of this standard. (5) The development provides common areas and/or amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards, or similar areas and/or amenities. (6) The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. Pedestrian areas adjacent to the building are enhanced by providing additional sidewalk area at the same level as the abutting public sidewalk. Accessways to parking areas are designed in a manner that minimizes conflicts between vehicles and pedestrians. The public street or streets immediately adjacent to the development are enhanced in a manner that is consistent with the streetscape on West Atlantic Avenue. (7) The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. 5 ORD. NO. 53-01 (8) Nonresidential ground floor space has ceilings not less than ten (10) feet in height. For buildings fronting on West Atlantic Avenue, NW 5th Avenue, or SW 5th Avenue, at least fifty percent (50%) of the surface area of the front street wall(s) at the ground floor of each such building is devoted to display windows and to entrances to commercial uses from outside the building. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,200 ATTEST MAYOR City Clerk First Reading~_~. Second Reading 6 ORD. NO. 53-01 PLANNING AND ZO~i~'~ BOARD ME~M~i~DUM STAFF MEETING OF: SEPTEMBER 24, 2001 AGENDA ITEM: III.E. AMENDMENT REGULATIONS (LDRs) DISTRICT RELATING OVERLAY DISTRICT. TO THE LAND DEVELOPMENT GC (GENERAL COMMERCIAL) ZONING TO THE WEST ATLANTIC AVENUE The item before the Board is that of making a recommendation to the City Commission on LDR text amendments to the GC (General Commercial) zoning district as they relate to LDR Section 4.4.9(D), Conditional Uses and Structures Allowed, LDR Section 4.4.9(F)(2), West Atlantic Avenue Overlay District Standards and Section 4.4.9(G)(1), West Atlantic Avenue Overlay District Supplemental District Re.qulations. Pursuant to LDR Section 1.1.6, amendments to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. The Comprehensive Plan calls for the preparation of redevelopment plans in certain areas of the city where blighted conditions exists. The West Atlantic Avenue Redevelopment Plan covers the West Atlantic Avenue Corridor including the area one block north and south of West Atlantic Avenue, between 1-95 and Swinton Avenue; and the 100 Block of NW 5th Avenue (between NW 1st Street and Martin Luther King Jr. Drive/NW 2nd St.). The Plan was adopted by the City in 1995 and amended in 1998 and 2000. The West Atlantic Avenue Overlay District, which was created to implement recommendations contained in the Redevelopment Plan, required a number of text amendments to the Land Development Regulations. Processing of those amendments began immediately following adoption of the Redevelopment Plan and were approved by the City Commission on December 5, 1995. In 2000, the second amendment to the Redevelopment Plan identified two text amendments, which were recommended in the original Redevelopment Plan but were not processed. The amended Redevelopment Plan again recommended that these changes be made: All drive-through facilities within the Overlay District will require conditional use approval; and, · The front setback for properties fronting on NW and SW 5th Avenues within the Overlay District shall be reduced to 5'. An additional change recommended with the amended Redevelopment Plan deals with modification of an earlier amendment to the parking requirements. The following amendment is recommended: Planning and Zoning Board Memorandum Staff Report LDR Text Amendments- GC Zoning District relating to the West Atlantic Avenue Overlay District Page 2 The parking requirements for hotels and motels should be set at 0.7 of a space for each guest room plus one (1) space per 300 sq. ft. of floor area devoted to ballrooms, meeting rooms, and shops and six (6) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges within the hotel or motel. One of the major goals of the West Atlantic Avenue Redevelopment Plan is to create a pedestrian friendly, human scale commercial area. In order to create that environment, the areas directly adjacent to commercial structures should be accessible to pedestrians. Sidewalk areas with adequate width, sidewalk cafes, window shopping opportunities, shelter for pedestrians (awnings, canopies, etc.) help to foster pedestrian activity in a commercial area. Uses which favor the automobile, such as drive-through facilities, do not promote pedestrian activity and could be counterproductive if not properly controlled. Therefore, the Redevelopment Plan recommended that all drive-through facilities require Conditional Use approval. Large front setbacks are also not conducive to this goal. By reducing the front setback from 10' to 5', buildings can be moved closer to the roadway and the setback area used to provide additional sidewalk area. In 1995, the front setback for those properties fronting on West Atlantic Avenue within the Overlay District was reduced to 5'. As recommended by the Redevelopment Plan, this reduction should also be applied to the properties fronting on NW and SW 5th Avenues where redevelopment is also beginning to occur. The redevelopment of these commercial streets should be consistent with that on West Atlantic Avenue to unify the commercial area and to encourage pedestrians to turn the corner. These provisions will help to create the type of pedestrian areas necessary for an active downtown. The third amendment deals with modification of an earlier amendment to the parking requirements. As amended in 1995, the parking requirement for all non-residential uses except restaurants is now 1 space per 300 square feet. However, this formula results in an excessive parking requirement when applied to hotels and motels. Since the original intent was to promote, not hinder redevelopment, the proposed correction should be made. REQUIRED FINDINGS LDR Section 2.4.5(M)(5), Amendment to the Land Development Regulations, Findings: In addition to the provisions of Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policy was noted: Future Land Use Element Policy C-1.5: The following pertains to the Atlantic Avenue Redevelopment Area: ... The West Atlantic Avenue Redevelopment Plan was adopted by the City Commission July 11, 1995. The plan establishes Future Land Use Map Designations, zonings, special development standards, and design guidelines for the Redevelopment Area. Future Planning and Zoning Board Memorandum Staff Report LDR Text Amendments- GC Zoning District relating to the West Atlantic Avenue Overlay District Page 3 development in the area must be in accordance with the provisions of the redevelopment plan .... The proposed amendments are recommended in the West Atlantic Avenue Redevelopment Plan as special development standards for the Overlay District to promote redevelopment of the corridor in accordance with guidelines established by the community during the "Visioning" process and refined by the Visions West Atlantic Steering Committee. The amendments will ensure that future development is in accordance with the redevelopment plan. Therefore, a positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan. Downtown Development Authority (DDA): The proposed amendments were reviewed by the DDA on August 15, 2001. The Board recommended approval. Community Redevelopment Agency: The proposed amendments were reviewed by the CRA on August 23, 2001. The Board recommended approval. Historic Preservation Board (HPB): The proposed amendments were reviewed by the HPB on September 5, 2001. The Board recommended approval. West Atlantic Avenue Redevelopment Coalition (WARC): The proposed amendments were reviewed by WARC on September 12, 2001. The Board recommended approval. 1. Continue with direction. 2. Recommend approval of the proposed amendments. 3. Recommend denial of the proposed amendment, in whole or in part. RECOMMENDED Recommend that the City Commission adopt the attached amendments to LDR Section 4.4.9(D), Conditional Uses and Structures Allowed, Section 4.4.9(F)(2), West Atlantic Avenue Overlay District Standards and Section 4.4.9(G)(1), West Atlantic Avenue Overlay District Supplemental District Requlations for the General Commercial (GC) District, based upon positive findings with LDR Section 2.4.5(M)(5). Report Prepared by Ron Hoggard, Senior Planner s:\planning & zoning\boards\p&z board\ldr west atlantic plan recommendations.doc CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATION TEXT AMENDMENTS TO THE GC (GENERAL COMMERCLkL) ZONLNG DLgI~RICT AS THEY RELATE TO LDR SECTION ~.~D) CONDITIONAL UST~ AND STRUCTURES ALLOWED, LDR SECTION 4A.9(F)(2), WEST ATLANTIC AVENUE OVERLAY DISTRICT STANDARDS AND SECTION 4.4.9(G)(1), WEST ATLANTIC AVENUE OVERLAY DISTRICT SUPPLEMENTAL DISTRICT REGULATIONS The City Commission of the C~ty of Delray Beach, Florida, proposes to adopt the following ordinance: Oi~INM~CE NO. 53-01 AN ORDINANCE OF THE CITY-COMMISSION OF THE CITY OF DELRAY BEACH. FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER FOUR, ~ZONING REGULATIONS", ARTICLE 4 4, "BASE ZONING DISTI~ICT", SECTION 44.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO PROVIDE FOR CLARIFICATION OF CONDITIONAL USES AND STRUCTURES ALLOWED IN THE GC DISTRICT, BY AMENDING SUBSECTION (F), NDEVELOPMENT STANDARDS", SUB-SUBS~ON (2), ~WEST ATLANTIC AVENUE OVERLAY DISTRICT DEVELOPMENT STANDARDS", TO PROVIDE SETBACKS FOR PARCELS THAT HAVE FRONTAGE ALONG NW AND SW 5TH AVENUE; AND BY AMENDING SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", BY AMENDING SUB-SUBSECTION (1), ~WEST ATLANTIC AVENUE OVERLAY DISTRICT SUPPLEMENTAL DISTRICT REGULATIONS", TO PROVIDE TBAT ALL PERMITTED USES WITH DRIVE-THROUGH FACILITIES SHALL REQUIRE CONDITIONAL [.)SE APPROVAL AND TO ESTABLISH PARKING REQUIREMENTS FOR HOTELS AND MOTELS, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The C~ty Commission will conduct two (2) Public Hearings for the purpose of accepting public testimony regarding thegroposed ordinance. The fwst Public Hearing will be held on TUESDAY~ OCTOBER 27 2001t AT 7:00 P.M. in the Commission Chambers at C~ty Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If the proposed ordinance ~s passed on first reading, a second Public Hearing wall be held on TUESDAY, OCTOBER 16~ 2001~ AT 7:00 P.M., (or at any continuation of such meenng whmh ~s set by the Commission). All interested c~tizens 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 ~ontact the Planning and Zoning Deparm~ent, City Hall, 100 N.W. 1st Avenue, Dekay Beach, Florida 33444 (Phone 561/243-7040), ~tween 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 MATrER CONSIDERED AT THESE BEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TI~STIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD PURSUANTTO E S 286.0105 Boca Ratoa/Delray Beach News Publish. Septmnl~ 24. 2001/Octo~r 10, 2001 AI~ NS995. CITY OF DELRAY BEACH Ahson MacGregor Harty City Clerk CITY OF DELRAY BEACH REGUIATION TEXT AMENDMENTS TO THE GC (GENERAL COMMERCIAL) ZONING DISTRICt ~ THEY RELATE TO LDR .SECTION 4.O(D) CONDITIONAL USES AND STRUCTURES ALLOWED, LDR SECTION 4.4.~'R2), WEST ATLANTIC AVENUE OVERLAY DISTRICT STANDARDS AND SECTION 4.,kg(G)(l), WEST ATLANTIC AVENUE OVERLAY DISTRICT The City Commission of the City of Delray Beach~ Florida, proposes to adop~ the foflowing ordinan~: ORDINANCE NO. 53-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEL~AY BEACH, FLORIDA, AMENDING THE LAND DEVE.~OPMENT RF~UL.~TIONS OF CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER FOUR, "ZONING REGULATIONS", ARTICLE 4 4, "BASE ZONING DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL (CC) DIS']'~ICT", SUBSECTION (D), 'CONDITIONAL USES AND STRUCTURES ALLOWED", TO PROVIDE FOR CLARIFICATION OF CONDITIONAL USES AND STRUCTURF_~ ALLOWED IN THE CC DISTRICT, BY AMENDING SUBSECTION (F), "DEVELOPMENT STANDARDS", SUB-SUBSECTION (2), "V~.~I' ATLANTIC AVENUE OVERLAY DISTRICT DEVELOPIVIENT STANDARDS", TO PROVIDE SETBACKS FOR PARCF_J.~ THAT HAVE FRONTAGE ALONG NV/AND SW 5TH AVENUE; AND BY AMENDING.SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", BY AMENDING SUB-SUBSECTION (l), "WEST ATLANTIC AVENUE OVERLAY DISTRICT S~AL DISTRICT REGULATIONS', TO PROVIDE THAT ALL PERMITFED USES WITH DRIVE-THROUGH FACILITIES SHALL REQUIRE CONDITIONAL USE APPROVAL AND TO ESTABL. ISH PARKING REQUIREMENTS FOR HOTELS AND MOTELS; PROVIDtN~ A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE The City Commission will conduct two (2) Public Hearings for the purpose of accepting public testimony regarding the proposed ordinauce. The first Public Hearing will be held on TUESDAY, OCTOBER 2~ 2001~ AT 7:00 EM. in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Dekay Beach, Florida. If the proposed ordinance is passed on first reading, a second Public Hearing will be held on TUESDAY~ OC,TOBER 16~ 2001~ 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 Depnrtment, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone 561/243-7040), between the hours of 8:00'n.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 MATI'F_.R CONSIDERED AT THESE BEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UI~. N WHICH TI~ ~ IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PRE~ARE SUCH RF. CORD. PURSU~ TO F. S. 286.0105. CITY OF DELRAY BEACH Batt~a Gafi~o City Clerk ,!