Ord 09-14 ORDINANCE NO. 09-14
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS
DISTRICT (OSSHAD)", SUBSECTION 4.4.24(B), "PRINCIPAL USES AND
STRUCTURES" TO INCLUDE ADDITIONAL PROPERTIES THAT
ARE ALLOWED THE PERM[11 D USES OF THE CBD ZONING DISTRICT;
AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS
DISTRICT (OSSHAD)", SUBSECTION 4.4.24(C), "ACCESSORY USES
AND STRUCTURES PERMITTED" TO INCLUDE ADDITIONAL
PROPERTIES THAT ARE ALLOWED THE ACCESSORY USES OF TfIE
CBD ZONING DEI'RICT; A -NIDING SUBSECTION 4.4.24(F),
"DEVELOPMENT STANDARDS", TO INCLUDE ADDITIONAL
PROPERTIES IN THE OSSHAD DISTRICT THAT ARE SUBJECT TO
THE STANDARDS OF THE CBD ZONING DISTRICT; 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 February 25, 2014 and voted 2 to 3 to not
approve the amendments; 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 not 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:
I
Section 1. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection
4.4.24(B), "Principal Uses and Structures" of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
(B) Principal Uses and Structures: The following types of uses are allowed within the
OSSHAD as a permitted use:
(1) Single family detached dwellings.
(2) Duplex structures.
(3) Business,Professional,Medical and Governmental Offices.
(4) Retail uses and/or facilities through specialty shops (single purpose businesses)
such as: bath shops, book stores, gift shops, florists, hobby shops, kitchen shops, boutiques, bicycle
shops, excluding liquor stores, convenience stores and pharmacies.
(5) Arts related businesses such as craft shops, galleries, and studios within which is
conducted the preparation of, display of, and/or sale of art products such as antiques, collectibles,
custom apparel,jewelry,paintings,photography,picture framing,pottery, sculpture, stained glass.
(6) Educational and/or Instructional activities including training, vocational, or
craft schools, the arts, personal development, and libraries, museums, and social and philanthropic
institutions.
(7) Restaurants of a sit down nature such as a cafe, snack shop, full service dining
but excluding any drive-in and/or drive-through facilities or features.
(8) Providing of personal services such as barbershops, beauty shops, salons,
cosmetologists.
(9) Bed and Breakfast Inns,subject to the provisions of LDR Section.4.3.3(Y).
(10) Catering services not associated with a restaurant, subject to the special
regulations of Section 4.4.24(H).
(11) Group Home,Type 1,pursuant to restrictions set forth in Section 4.3.3(.1).
(12) Within the following described areas, the uses allowed as permitted uses in
Section 44.13(3) pursuant to the base district and special regulations of the Central Business District
regulations shall also be allowed in the OSSHAD:
(a) Lots 13-16, Block 60
(b) Lots 1- 4,Block 61
(c) Lots 1- 7,Lots 16 - 18 and 19-24, Block 69
(d) Lots 23-25, Block 70
(e) Lots 7- 8, and the South 34.75 feet of Lot 6,Block 75;and
(f) Lots 1- 6,Block 76
(13) Assisted Living Facilities
(14) Residential Licensed Service Providers Facilities
(15) Nursing Homes
Section 2. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)",
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ORD.NO.09-14
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Subsection 4.4.24(C), "Accessory Uses and Structures Permitted", of the Land Development Regulations
of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows:
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(C) Accessory Uses and Structures Permitted: The following uses are allowed when a
part of, or accessory to, the principal use:
(1) Uses and structures normally associated with residences such as: bird aviaries,
dog houses and dog runs, garages, greenhouses, guest cottages, playhouses, pool houses and
covers/enclosures, pump houses, slat houses, storage sheds, workshops, swimming pools, and home
occupations.
(2) On a parcel that has as its principal use a non-residential use, there may be no
more than two residential units, either within a separate structure or within a structure housing a non-
residential use.
(3) Family Day Cate Hoene,pursuant to Section 4.3.3J).
(4) Parking lots and refuse storage areas
(5) Outdoor dining areas which ate accessory or supplemental to a restaurant or
business use,provided the operation of the outdoor dining area is limited to daylight hours.
(6) Within the following described areas, the uses allowed as accessory uses in
Section 4.4.13(C) pursuant to the base district and special regulations of the Central Business District
regulations shall also be allowed in the OSSIIAD:
(a) Lots 13-16,Block 60
(b) Lots 1-4,Block 61
(c) Lots 1- 7,Lots 16 - 18 and 19-24, Block 69
(d) Lots 23-25, Block 70
(e) Lots 7- 8, and the South 34.75 feet of Lot 6,Block 75; and
(f) Lots 1- 6,Block 76
Section 3. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)",
Subsection 4.4.24(F), "Development Standards", of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as follows:
(F) Development Standards: The development standards as set forth, for the OSSHAD
District,in Section 43.4 apply, except for as modified below:
I
(1) The following locations shall be subject to the development standards of the
Commercial Core (CC) area of the CBD Zone District, excluding exceptions to height limitations
provided in Section 4.3.40)(4):
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ORD.NO. 09-14
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(a) Lots 1- 7,Lots 16 - 18 and 19-24, Block 69
(b) Lots 23-25, Block 70
(c) Lots 7- 8, and the South 34.75 feet of Lot 6,Block 75; and
(d) Lots 1-6,Block 76
(2) The following locations shall be subject to the development standards of the
West Atlantic Neighborhood (WAN) area of the CBD Zone District:
(a) Lots 13-16,Block 60
(b) Lots 1-4,Block 61
(3) Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd
Street (Banker's Row) shall comply with either provisions of Section 4.3.4 or provisions of the Banker's
Row Development Plan,whichever is more permissive.
(4) Except for properties identified in Sections 4.4.24(1)(1) and (2) and the Old
School Square Cultural Arts Complex, the maximum width of a building fronting a street shall be
limited to 60' and shall have a minimum separation of 15' between buildings fronting a street in a
development site that contains more than one structure.
(5) The floor area for the third floor shall be limited to 50% of the second floor
area and the building setbacks or planes of the facade are offset and varied to provide visual relief.
(6) Notwithstanding the provisions of Section 4.4.24(F)(4), or elsewhere in this
code, residential-type inn developments, shall be permitted to connect adjacent on site buildings using
all-weather, covered walkways, that are constructed of not less than seventy percent (70%) vertical
transparent glass or similar material. Said walkways shall be on the ground floor only, shall be located
not closer than fifteen (15) feet from the front building face, and may be joined to elevators, lobbies, or
accessory use facilities permitted herein.
(7) All properties located within the Old School Square Historic District and are
subject to the provisions of Section 4.5.1.
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 upon its adoption on second and final
reading.
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ORD.NO'.09-14
PASSED AND ADOPTED its regular session on second and final reading on this the 1" day of
July, 2014.
Z5;;:
UYO
ATTEST:
City Clerk
First Reading: Tune 17, 2014
Second Reading:July 1,2014
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ORD.NO.09-14
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•
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Planning &Zoning Department
THROUGH: Terry Stewart, Interim City Manager
DATE: June 23, 2014
SUBJECT: AGENDA ITEM 10.C.-REGULAR COMMISSION MEETING OF JULY 1,2014
ORDINANCE NO.09-14(SECOND READINGISECOND PUBLIC_HEARING)
BACKGROUND
The intent of the subject LDR amendment is to apply the development standards and uses (excluding
conditional uses) of the CBD to multiple properties within the south area of the OSSHAD zoning
district. The properties are located at 36, 48, 104, and 122 SE 1st Avenue, and 14 and 18 SE 1St Street.
All of the subject properties are also located within the Old School Square Historic Arts District, and
either contain contributing (historic) structures, or abut properties containing contributing structures.
The proposed changes would further increase the range of both principal and accessory uses that could
be established on the subject properties, such as:
• A wider range of retail (i.e. automotive parts, pharmacies, lawn care equipment, sporting goods,
toys);
• Business,professional and medical uses (i.e. dental clinics, medical laboratories,publishing);
• Services and facilities (i.e. dry cleaning, cocktail lounges, parking garages, commercial or public
parking lots);
• Multi-family dwelling units up to a density of 30 units per acre; and,
• Hotels, motels, and residential-type inns.
For example, OSSHAD does not permit multi-family residential development, as a duplex is the
maximum type of residential use permitted; however, the CBD permits a density of 30 units per acre.
Based on the sizes of the subject properties, the proposed amendment would permit approximately 15
units at 36-48 SE 1st Avenue, and approximately 27 units on the properties at 104-122 SE 1St Avenue
and 14 and 18 SE 1st Street. Therefore, the density would increase by nearly five times from what is
presently permitted, which is 12 units if one duplex were constructed on each of the subject properties
(56 units versus 12 units).
In addition, any new development would be larger in scale and mass given the more liberal setbacks and
height of the CBD (see attached Development Standards comparison chart as a separate exhibit, and
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also included in attached Planning and Zoning Board Memorandum Staff Report_). While the HPB will
continue to have purview over the site plan and design review of the properties, it would be very
difficult to deny an application found to be in compliance with the Development Standards permitted on
those properties (yet not compatible in scale and massing) if the subject amendment is passed, as a
result of making positive findings with this currently proposed amendment.
There are other lots in the immediate vicinity located within the OSSHAD zoning district that were
extended with the CBD overlay in 2000 that may be, or have already been, developed in accordance
with the permitted uses and development standards of the CBD. Those lots are located immediately to
the north and across the east/west alley from the subject property and include a surface parking lot, the
City's Robert Federspiel Parking Garage, and a mixed-use building (Royal Atlantica). Those three lots
were included in one text amendment adopted on January 4, 2000 (Ordinance No. 47-99) which
provided for the expansion of the CBD overlay district (uses and development standards), for the
primary purpose of constructing the Block 69 parking garage (a/k/a Federspiel Garage).
The Comprehensive Plan requires that development be complementary to adjacent land uses. The
proposed amendment would allow for the subject properties to be developed in a manner
complementary to those properties located on the east side of SE 1st Avenue, outside of the historic
district and zoned CBD. The amendment would not promote complementary development with the
historic properties in the historic district and would allow for the incursion of more intense development
with reduced setback requirements and the potential for greater height. Additionally,the Comprehensive
Plan requires the preservation of historic resources through the redevelopment of land and buildings,
which will not occur with the subject LDR Amendments. The proposed amendment not only fails to
provide for historic preservation, it creates potential for further intensification of development, thereby
discouraging the preservation of the historic structures located immediately to the west of and abutting
the subject property, as well as the subject properties. Moreover, the proposed amendment does not
incentivize the preservation of the historic structures on their existing sites, but rather, increases the
allowable intensity which incentivizes razing or relocating historic structures.
The increase of density within this historically designated area will allow development inconsistent with
the established development pattern of the OSSHAD district. This desired development pattern is
explained in the "Purpose and Intent" section of the LDRs and calls for encouraging the restoration or
preservation of historic structures and, maintaining and enhancing the historic and pedestrian scale of
the area. Uses and development densities and intensities that are currently allowed in the OSSHAD
promote the preservation and adaptive reuse of all structures within the District. Increasing the intensity
of use of the properties available under the CBD will have an adverse impact on the stability of this
historic area and allow development inconsistent with the scale of the remainder of the historic district.
It appears that development that has occurred outside of the designated historic district is being used to
justify inappropriate regulations within the historic district, such as the Worthing Place development,
the Boueri Mixed-Use Building, and the pending SofA District Offices and Lofts project all located
along the east side of SE 1st Avenue in the CBD, across from the subject properties. If development
outside of the historic districts justifies changing regulations within the historic district, then the same
rationale could be applied to properties adjacent to the subject properties, or other historic districts
and/or individually designated properties. Moreover, it was made clear during the review for the
amendment adopted in 2000, which applied CBD overlay to the properties to the north in Block 69, that
providing CBD overlay of permitted uses and development standards for those properties would not be
precedent setting.
In summary, the OSSHAD district is typified as a low intensity, mixed use district that allows single
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family residential, professional offices, boutiques, etc. The intensity allowed as principal uses as well as
the more liberal development standards in the CBD zoning district, such as setbacks and height, for the
subject property, is incompatible with the historic district. Consequently, a positive finding cannot be
made with respect to Ordinance 09-14, as the existing zoning and development regulations are more
a ro riate and will provide more compatibility than the ro posed regulations.
Last, the Comprehensive Plan calls for the preservation of historic resources (including districts and
their historic character), which is not achieved by the proposed amendment. Therefore, a positive
finding cannot be made that the amendments are consistent with and further the Goals, Objectives, and
Policies of the Comprehensive Plan.
The First Reading for the subject Ordinance took place at the City Commission meeting of June 17,
2014. The City Commission voted to approve the Ordinance on a 3-2 vote (Vice-Mayor Petrolia and
Mayor Glickstein dissenting).
REVIEW BY OTHERS
The Community Redevelopment Agency (CRA) considered the subject LDR Amendments at its
meeting of February 13, 2014;the consensus of the Board was to not support the proposed amendment.
Subsequently, the applicant requested that the CRA reconsider the amendments. At its meeting of
March 27, 2014, the consensus of the CRA was to support the proposed amendments on a vote of 3-2
(Paul Zacks and Herman Stevens dissenting; Major Joe Bernadel absent).
The Historic Preservation Board (HPB) considered the subject LDR Amendments at its meeting of
February 19, 2014; the Board recommended approval on a vote of 4-1 (Miller dissenting; Aponte and
McDonald absent).
The Planning and Zoning Board considered the subject LDR Amendments at its meeting of February
25, 2014; a motion was made to recommend approval of the request, but it failed on a vote of 2-3
(Jarjura, Davey, and Durden dissenting; Shutt and Pierre-Louis absent).
LEGAL DEPARTMENT REVIEW
This item complied with all applicable conditions precedent prior to coming before the City
Commission.
FINANCIAL DEPARTMENT REVIEW
Not applicable.
DISCUSSION
The item before the City Commission is a privately-initiated amendment to LDR Section 4.4.24 Old
School Square Historic Arts District (OSSHAD), subsections (B) Permitted Uses, (C) Accessory Uses,
and (F) Development Standards. The proposed amendment is to add Lots 16— 18 of Block 69, and Lots
11-12 and the North Half of Lot 13, and Lots 23-25 of Block 70 to those properties within the OSSHAD
zoning district that can be developed pursuant to the development standards and permitted uses of the
CBD (Central Business District)zoning district, pursuant to LDR Section 2.4.5(M).
TIMING OF THE REQUEST
This item is not time sensitive.
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By motion, deny on second reading Ordinance No. 09-14, the privately-initiated amendment to Land
Development Regulation Section 4.4.24(B)(12), 4.4.24(C), and 4.4.24(F)(1)(a), allowing the permitted
uses and development standards excluding the exceptions to additional height in the CBD for Lots 16 —
18 of Block 69, and Lots 11-12 and the North Half of Lot 13, and Lots 23-25 of Block 70, by adopting
the findings of fact and law contained in the staff report, and finding that the text amendment and
approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in
LDR Section 2.4.5M.
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MEMORANDUM
TO: Mayor and City Commissioners
FROM: Amy E. Alvarez,Historic Preservation Planner
Mark McDonnell, AICP, Interrim Director of Planning&Zoning
THROUGH: Robert A. Barcinski,Acting City Manager
DATE: June 12, 2014
SUBJECT: AGENDA ITEM IO.C.-REGULAR COMMISSION MEETING OF JUNE 17,.2414
ORDINANCE NO.09-14 FIRST READING/FIRST PUBLIC HEARING
BACKGROUND
The intent of the subject LDR amendment is to apply the development standards and uses (excluding
conditional uses) of the CBD to multiple properties within the south area of the OSSHAD zoning
district. The properties are located at 36, 48, 104, and 122 SE 1St Avenue, and 14 and 18 SE I st Street.
All of the subject properties are also located within the Old School Square Historic Arts District, and
either contain contributing (historic) structures, or abut properties containing contributing structures.
The proposed changes would further increase the range of both principal and accessory uses that could
be established on the subject properties, such as:
• A wider range of retail (i.e. automotive parts, pharmacies, lawn care equipment, sporting goods,
toys);
• Business, professional and medical uses (i.e. dental clinics, medical laboratories, publishing);
• Services and facilities (i.e. dry cleaning, cocktail lounges, parking garages, commercial or public
parking lots);
• Multi-family dwelling units up to a density of 30 units per acre; and,
• Hotels, motels, and residential-type inns.
For example, OSSHAD does not permit multi-family residential development, as a duplex is the
maximum type of residential use permitted; however, the CBD permits a density of 30 units per acre.
Based on the sizes of the subject properties, the proposed amendment would permit approximately 15
units at 36-48 SE 1st Avenue, and approximately 27 units on the properties at 104-122 SE 1St Avenue
and 14 and 18 SE 1St Street. Therefore, the density would increase by nearly five times from what is
presently permitted, which is 12 units if one duplex were constructed on each of the subject properties
(56 units versus 12 units).
In addition, any new development would be larger in scale and mass given the more liberal setbacks and
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height of the CBD (see attached Development Standards comparison chart as a separate exhibit, and
also included in attached Planning and Zoning Board Memorandum Staff Report.). While the HPB will
continue to have purview over the site plan and design review of the properties, it would be very
difficult to deny an application found to be in compliance with the Development Standards permitted on
those properties (yet not compatible in scale and massing) if the subject amendment is passed, as a
result of making positive findings with this currently proposed amendment.
There are other lots in the immediate vicinity located within the OSSHAD zoning district that were
extended with the CBD overlay in 2000 that may be, or have already been, developed in accordance
with the permitted uses and development standards of the CBD. Those lots are located immediately to
the north and across the east/west alley from the subject property and include a surface parking lot, the
City's Robert Federspiel Parking Garage, and a mixed-use building (Royal Atlantica). Those three lots
were included in one text amendment adopted on January 4, 2000 (Ordinance No. 47-99) which
provided for the expansion of the CBD overlay district (uses and development standards), for the
primM purpose of constructing the Block 69 parking Rarage (a/k/a Federspiel Garage).
The Comprehensive Plan requires that development be complementary to adjacent land uses. The
proposed amendment would allow for the subject properties to be developed in a manner
complementary to those properties located on the east side of SE 1St Avenue, outside of the historic
district and zoned CBD. The amendment would not promote complementary development with the
historic properties in the historic district and would allow for the incursion of more intense development
with reduced setback requirements and the potential for greater height. Additionally,the Comprehensive
Plan requires the preservation of historic resources through the redevelopment of land and buildings,
which will not occur with the subject LDR Amendments. The proposed amendment not only fails to
provide for historic preservation, it creates potential for further intensification of development, thereby
discouraging the preservation of the historic structures located immediately to the west of and abutting
the subject property, as well as the subject properties. Moreover, the proposed amendment does not
incentivize the preservation of the historic structures on their existing sites, but rather, increases the
allowable intensity which incentivizes razing or relocating historic structures.
The increase of density within this historically designated area will allow development inconsistent with
the established development pattern of the OSSHAD district. This desired development pattern is
explained in the "Purpose and Intent" section of the LDRs and calls for encouraging the restoration or
preservation of historic structures and, maintaining and enhancing the historic and pedestrian scale of
the area. Uses and development densities and intensities that are currently allowed in the OSSHAD
promote the preservation and adaptive reuse of all structures within the District. Increasing the intensity
of use of the properties available under the CBD will have an adverse impact on the stability of this
historic area and allow development inconsistent with the scale of the remainder of the historic district.
It appears that development that has occurred outside of the designated historic district is being used to
justify inappropriate regulations within the historic district, such as the Worthing Place development,
the Boueri Mixed-Use Building, and the pending SofA District Offices and Lofts project all located
along the east side of SE 1St Avenue in the CBD, across from the subject properties. If development
outside of the historic districts justifies changing regulations within the historic district, then the same
rationale could be applied to properties adjacent to the subject properties, or other historic districts
and/or individually designated properties. Moreover, it was made clear during the review for the
amendment adopted in 2000, which applied CBD overlay to the properties to the north in Block 69, that
providing CBD overlay of pernitted uses and development standards for those properties would not be
precedent setting.
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In summary, the OSSHAD district is typified as a low intensity, mixed use district that allows single
family residential, professional offices, boutiques, etc. The intensity allowed as principal uses as well as
the more liberal development standards in the CBD zoning district, such as setbacks and height, for the
subject property, is incompatible with the historic. district. Consequently, a positive finding cannot be
made with respect to Ordinance 09-14,. as the existing zoning and development regulations are more
gppropriate and will provide more coppatibility compatibility than the 12roposed regulations.
Last, the Comprehensive Plan calls for the preservation of historic resources (including districts and
their historic character), which is not achieved by the proposed amendment. Therefore, a positive
finding cannot be made that the amendments are consistent with and further the Goals, Objectives, and
Policies of the Comprehensive Plan.
REVIEW BY OTHERS
The Community Redevelopment Agency (CRA) considered the subject LDR Amendments at its
meeting of February 13, 2014; the consensus of the Board was to not support the proposed amendment.
Subsequently, the applicant requested that the CRA reconsider the amendments. At its meeting of
March 27, 2014, the consensus of the CRA was to support the proposed amendments on a vote of 3-2
(Paul Zacks and Herman Stevens dissenting; Major Jae Bernadel absent).
The Historic Preservation Board (HPB) considered the subject LDR Amendments at its meeting of
February 19, 2014; the Board recommended approval on a vote of 4-1 (Miller dissenting; Aponte and
McDonald absent).
The Planting and Zoning Board considered the subject LDR Amendments at its meeting of February
25, 2014; a motion was made to recommend approval of the request, but it failed on a vote of 2-3
(Jarjura, Davey, and Durden dissenting; Shutt and Pierre-Louis absent).
Legal Department Review: This item complied with all applicable conditions precedent prior to
coming before the City Commission.
Financial Deparmtent Review: Not applicable.
Discussion: The item before the City Commission is a privately-initiated amendment to LDR Section.
4.4.24 Old School Square Historic Arts District (OSSHAD), subsections (B) Permitted Uses, (C)
Accessory Uses, and (F) Development Standards. The proposed amendment is to add Lots 16 — 18 of
Block 69, and Lots 11-12 and the North Half of Lot 13, and Lots 23-25 of Block 70 to those properties
within the OSSHAD zoning district that can be developed pursuant to the development standards and
permitted uses of the CBD (Central Business District) zoning district, pursuant to LDR Section 2.4.5
(M).
Operating Cost: NIA
Timing of Request: Second Reading is presently scheduled for July 1, 2014.
RECOMMENDATION
By motion, deny on first reading Ordinance No. 09-14, the privately-initiated amendment to Land
Development Regulation Section 4.4.24(B)(12), 4.4.24(C), and 4.4.24(F)(1)(a), allowing the permitted
uses and development standards excluding the exceptions to additional height in the CBD for Lots 16 —
18 of Block 69, and Lots 11-12 and the North Half of Lot 13, and Lots 23-25 of Block 70, by adopting
the findings of fact and law contained in the staff report, and finding that the text amendment and
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approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in
LDR Section 2.4.5(M).
http://itwebapp/Agendalntranet/Blueshect.aspx?ItemID=8049&MeetinglD=507 7/2/2014
Proposed LDR Amendment
Extend CBD Overlay to additional properties in the OSSHAD Zoning District
E Atlantic Ave
Subject Properties of proposed
amendment
Current OSSHAD properties }• t SOPRA
already subject to CBD Overlay GS' i
y- Building
Contributing Structures
3.
a>
Worthing
l
'" Place
V :fa
K .A
jr Sofa District
ff lc
k - 1 O . .es 3!•
�- SE`-1;�t S,t -
6'
Bol Mixed-Use
r
l 1
Q• I � ,
Sofa District
Lofts
r
T
MP 2n�:r.w tai' AL a ` *� S F -n . L
CBD VS. OSSHAD DEVELOPMENT STANDARDS
OSSHAD CBD - Central Core Difference
Height* 35' 48' +13'
Cannot determine
Lot Coverage 40% --- difference
Open Space 25% 10% -15%
Lot Size 8,000 square feet 0 ---
Lot Width 80' 0 ---
Lot Depth 100' 0 ---
Lot Frontage 80' 0 ---
Setbacks**
1s'&2"d Stories Up to 25'
5-10', depending on 70%-90%=15'-20'
Front 25' ground floor use; closer;
70%-90% = 5-10 max.; 10%-30%=10' closer;
10%-30% = 15'min.
Side-Interior 7'6" 0' 7'6" closer
depending on 70%-90%=5'-10'
ground floor use; closer;
Side-Street 15' 70%-90% =5'-10'max. 10%-30%=No
10%-30% = 15' min. difference
Rear 10' 10' No Difference
3`u Story-Over 25'-48'
The floor area for the At least 70% = 15' min.;
Front third floor shall be Up to 30% =5'-10' min.
limited to 50% of the Cannot determine
second floor area and 0 or 10 difference.
Side-Interior (depending on vehicular
the building setbacks access to rear of property)
or planes of the fagade
Side-Street are offset and varied to See Front(above)
Rear provide visual relief. 10,
4"Story--Over 37'
Front At least 70% = 15' min.;
Up to 30% =5'-10' min.
O' or10'
Side-Interior (OSSHAD height limit (depending on vehicular OSSHAD height limit
is 35') access to rear of property) is 35'
Side-Street See Front(above)
Rear 22'***
*Additional height exceptions would not apply,as identified in 4.4.13(F)(1).
**See LDR Section 4.4.13
***Pursuant to LDR Section 4.6.4(A)(1)(a)(ii). Otherwise, rear setback is 10'.
CBD VS. OSSHAD USES
OSSHAD CBD -Central Core
Permitted Uses
Note: Each District provides listed examples of the
types of uses, and these may var
y between districts.
Single family and duplex dwellings X ---
Business, Professional, Medical and X
Governmental Offices X (Except Government Offices)
Retail uses and/or facilities through specialty X X
shops (single purpose businesses)
Restaurants of a sit down nature X X
Arts related businesses X X
Educational and/or Instructional activities
(including training, vocational, or craft schools, the X X
arts, personal development, and libraries, museums,
and social and philanthropic institutions)
Libraries and museums X X
Personal services
(barbershops, beauty shops,salons, cosmetologists) X X
Catering services X
(not associated with a restaurant) X
Bed and breakfast inns X X
Group Home, Type 1 X
Assisted Living Facilities X X
Residential Licensed Service Providers Facilities X
Nursing Homes X X
Continuing Care Facilities --- X
General retail uses and/or facilities --- X
Services and facilities (See 4.4.13(B)(3)) --- X
Commercial Parking Lots and Parking Garages X
Multi-family Residential X
(Up to 30 units per acre
Hotels, motels, bed and breakfast inns, and X
residential-type inns (Bed&Breakfast Inn Only) X
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MEETING DATE: FEBRUARY 25, 2014
ITEM NO.: IV.E.
AGENDA ITEM: PRIVATELY INITIATED AMENDMENT TO LDR SECTIONS 4.4.24(B),
4.4.24(C), AND 4.4.24(F) TO ADD LOTS 16 -- 18 OF BLOCK 69, AND
LOTS 11-12 AND THE NORTH HALF OF LOT 13, AND LOTS 23'-25 OF
BLOCK 70 TO THOSE PROPERTIES ZONED OSSHAD (OLD SCHOOL
SQUARE HISTORIC DISTRICT) TO WHICH THE 'PERMITTED USES"
OF 4,4.13(B), "ACCESSORY USES" OF 4.4.13(C), AND
"DEVELOPMENT STANDARDS" OF 4.3.4(J)(4) OF THE CBD
(CENTRAL BUSINESS DISTRICT) ZONING DISTRICT ARE ALLOWED
EXCLUDING EXCEPTIONS TO HEIGHT PROVIDED IN LDR SECTION
4.14(J)(4).
ITEM BEF'OR�'THEBOQRD,
The item Before the Board is that of making a recommendation to the City Commission
regarding a privately-initiated amendment to LDR Section 4.4.24 Old School Square Historic
Arts District (OSSHAD), subsections (B) Permitted Uses, (C) Accessory Uses, and (F)
Development Standards. The proposed amendment is to add Lots 16 — 18 of Block 69, and
Lots 11-12 and the North Half of Lot 13, and Lots 23-25 of Block 70 to those properties within
the OSSHAD zoning district that can be developed pursuant to the development standards and
uses of the CBD (Central Business District)zoning district, pursuant to LDR Section 2.4.5(M).
- Lt�R AMENt�MENT`R#=SCRfI��ION '�AN1Q _BACKGROUND .-'_
The intent of the subject LDR amendment is to apply the development standards and uses
(excluding conditional uses) of the CBD to multiple properties within the south area of the
OSSHAD zoning district. The properties are located at 36, 48, 104, and 122 SE 1St Avenue, and
14 and 18 SE 1St Street. All of the subject properties are also located within the Ofd School
Square Historic District, and as such, a description of each property is provided: _-
0 36 SE 1'Avenue (North portion of Lots 16, 17, and 18, Block 69): Vacant. A circa 1938
frame vernacular structure was relocated from the subject property to 186 NW 5"
Avenue in 2011, where it was individually designated and listed on the Local Register of
Historic Places as "The Harvel House" in the West Settlers Historic District. Prior to its
relocation, the structure was classified as contributing within the Old School Square
Historic District.
• 48 SE Vt Avenue (South portion of Lots 16, 17, and 18, Block 69); A circa 1955 two-
story, 4,107 square foot building remains on the property and is classified as
contributing. In 1984, the City Commission approved a conditional use application for an
Adult Living Facility.
• 104 SE 1St Avenue (Lot 11, Block 70): Vacant. A one-story, multi-family dwelling was
constructed on the property in 9952; it was demolished in 2004. A valet parking lot was
approved for the site in 2011 in association with the approved Swinton Social project on
South Swinton Avenue.
• 122 SE 1S' Avenue (Lot 12, Block 70): A circa 1955, one-story multi-unit building is
located on the property and is classified as non-contributing.
,
�
Page 3of 10;Planning and Zoning Board Meeting of 02.25.14
Amendment to _
`
w 14 SE 1" 8tneo\ (Lot 23, Block 70) /\ circa 1935. Minimal Traditional style structure is
located on.the property and is classified oacontributing. '
w 10 8E 1° Street (Lots 24 and 25. Block 70): Acimca 1930 Mission style �u�� �
~ �
located on the property, as well aso circa 1O55 Frame Vernacular style structure. Both
structures are classified eocontributing.
When the citywide reannings occurred in 1990. the 0SSHAD ({]|d School Gqumna Historic Arts �
District) zoning district was created and applied to properties located within the historic district
including all of Block 69. All |nte within Block 89were rezoned from GC (General Commercial) to
OSSH/\D.
There one other lots in the immediate vicinity located within the O8SHAO zoning district that .
may be developed in accordance with the permitted uses and development standards of the |
CBD. Those |mtn are located immediately tothe nodh and across the east/west alley from the �
subject property and include asurface parking [nt. the City parking garage, and a mixed-use
building (Royal At|anUue). Those three lots were included in one text amendment adopted on
January 4, 2000 (Ordinance 47-99) which provided for the expansion of the CBD overlay district �
(uses and development stmndandn),for the primary purpose of constructing the Block 69 parking
garage (aka �ed��'pi�| Garagm) '
` '. �
In 2007. a privately-initiated LDR Amendment -071 vvam mubnlbbed vvh�� a(oo !
�����--- - ' |
popoed o ��dtheC8D � 3SE 1����num. T� n�nmn��� n� webte
HPB (September 5, 2007). Community Redevelopment Agency (September 6. 2007). and
Planning and Zoning Board (September 17. 2007) and was unanimously recommended for
denial by aU three Boards. The ordinance was placed on hold by the property owner while a
Class V Site Plan Application and COAwen* reviewed by the HPB for o replacement project '
involving new Class/\offices. The HPB also reviewed four variances and three waiver requests
associated with the Class\/Site Plan and COA' aUof which were denied. !
�
Subaequert|y, the property owner moved forward with an appeal to the City Commission of the '
Class V Site Plan denial, The appeal was uphe|d, thereby overturning the HP8's denial of the
project; as a result, the Class VSite Plan was approved by the City Commission at its August
19. 2008 meeting. Subsequently, the L[)R amendment described in Ordinance 31-07 was
withdrawn. The plans for the Class A office space approved by City Commission on August 19,
2008 received extensions of approval twice and remain vaEd until August 19, 2014. �
�
|
In 2013. a second private ly-initiated LDR Amendment was submitted which was Identical to �
Ordinance 31-07. This annendment, processed as 09-13. was nmviavvad by the CRA. on K8mnoh
28. 2013 and by the HPB on April 3, 2013. At both meetings, the item was tabled; the request
was placed on hold bythe applicant prior to the item being further reviewed. �
A new proposed LDR Amendment expanding the CBD overlay into the OSSHAD zoning district |
is now before the Board for consideration. �
^
Pursuant toLD8L Section 2.4.5(88)(1\. amendments ho the Land Development ReguAxtionanvey
be in/Mated by the City Commission, Planning and Zoning Board or City Administration; QT an
individual. The proposed amendment is a privately-in it!mtsd text amendment to the Land
Development Regulations. �
The application of the CBD development standards onto the subject properties would permit a `
maximum height of forty-eight feet (48'), wwroum a thirty-five foot (35') maximum height permitted
2
Page 3of10, Planning and ZonhngBoard Meeting ofOZ2 14
Amendment to apply GBD overlay to OSSAAD
within QSSH/\D. In the OSSHAO zoning district, the required setbacks are twenty-five feet (25) �
for the front, seven foet, six inches /7'6"\ for the side interior, and ten feet /10'\ for the rear,
whereas the CBO setbacks are amfoUnwm�
° Front setback may vary from five feet to ten feet (5'-10') for 7096-9096 of the front
elevation depending upon the proposed use on the ground floor and at least fifteen feet
(15') for 10%-30% of the front elevation. These setbacks one required up to a height of
twenty-five (25'). For the remainder of the building (25'-48' |nheiQh0. ot least 7OY6ofthe .�
building shall be setback fifteen feet (15'), with up to thirty percent /3096\ containing a
setback of five fsmd to ten feet (6-10')..Additionally, the floor area for each floor above
35' in height, shall not exceed 70% of the floor area contained in the ground level
�
footprint-
* Side setbacks may be aano KD if there is vehicular an:eon to the rear. Otherwise, one �
side must be setback oi least ten feet (1O');
* Rear setbacks are ten feet (10') up to thirty-seven feet (37') in height. while the elevation
over thirty-seven feet(37') must be setback twenty-two feet (22') as the subject property '
abuts a zoning district ([}8SHAO) with a maximum height requirement of thirty-five feet �
(35'). '
The proposed changes would further increase the types of both principal and accessory uses
that could be established in the O8SM/\D zoning district to allow the fo||ovxin8:
• /\wider range of retail (|.m. automotive parts, pharmacies, lawn care equipment, sporting �
goods, toys); i
• 8ua|naee, professional and rnmdiou| uama (i.e. dental clinics, medical laboratories,
publishing);
• Danvioem and facilities (i.e. dry cleaning, cocktail lounges, parking garages, commercial
or public parking |obs); .
�
Multi-family dwelling units upfom density nf9O units per acre; and,
=
Hotels, rnote|o. and residential-type inns.
* oonmp|ete chart containing the above noted "use" information has been provided as Appendix -
Ato this report, and a complete copy ofLOR Sections 4.4.13(B), Permitted Uoou. 4.4.13(C).
Accessory Uses, and 4.4.13(F). Development Standards have also been provided as �
attachments.
MAI
Pursuant to L0R Section 2.4'5(8O)(6),Fimd|ngs, in addition to LDR 8nobon 1.1.6(A), the City .
Commission must make a finding that the text amendment /s 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 Objectives and Policies were noted:
FUTURE LAND USE ELEMENT, GOAL AREA 'A': Land within the Planning area shall be
developed or redeveloped, to enhance the existing quality oflife, complement existing land use
and result in a mixed, but predominantly residential community with a balanced economic base.
Future Land Use Element Objective A~ ~ Frnondv shall be developed or redeveloped in a ,
manner so that the future use and intensity /o appropriate and complies in terms of soil,
topographic, and other applicable physical uonoidennbbna' is complimentary to edarent /and
uses, and fulfills remaining land use needs.
J �
J..
Page 4 of 10; Planning and Zoning Board Meeting of 02.25.14
Amendment to apply CBD overlay to 08SHAD
Future Land Use Element Objective A-4 The redevelopment of land and buildings shalt
provide for the preservation of historic resources. The objective shall be met through continued
adherence to the City's Historic Preservation Ordinance and the following policies:
Future Land Use Policy A-4.1 Prior to approval or recommending approval of any land use or
development application for property located within a historic district or designated as a historic
site, the Historic Preservation Board must make a finding that the requested action is consistent
with the provisions of Section 4.5.1 of the Land Development Regulations (see below) relating
to historic sites and districts and the 'Delray Beach Design Guidelines",
Pursuant to LDR Section 4.5.1(A), Historic Preservation Sites and Districts: In recognition
of findings as set forth in the original enactment of Ordinance 13-87; passed March 10,
1987, this Section is created in order to provide for the identification, preservation,
protection, enhancement, perpetuation, and the use of districts, archeological sites,
buildings, structures, improvements, and appurtenances that are reminders of past eras,
events, and persons important in local, state, and national history, that provide significant
examples of architectural styles of the past, that are unique and irreplaceable assets to the
City and its neighborhoods, or that provide this and future generations with examples of
the physical surroundings in which past generations lived; and other purposes.
Future Land Use Policy A-4.2 In order to protect the City's historic resources, the Land
Development Regulations shall include provisions for designation of historically significant
buildings. structures, archaeological sites, or districts. The City shall conduct periodic
neighborhood surveys to identify and evaluate potential historic resources.
STAFF ANALYSIS:
Objective A-1 noted above requires that development be complimentary to adjacent land uses.
The proposed amendment would allow for the subject properties to be developed in a manner
complimentary to those properties located on the east side of SE 1st Avenue, outside of the
historic district and zoned CBD, The amendment would not provide for complimentary
development with the historic properties in the historic district and would allow for the incursion of
more intense development with reduced setback requirements and the potential for greater
height. The OSSHAD zoning regulations were established as a mixed use district with less
intensity with respect to uses, density, and scale and massing than those allowed in the CBD.
The adjacent properties to the west and south are also zoned OSSHAD and consist of a mix of
uses and building types, as well as both contributing and non-contributing structures. The
proposal is not consistent with Objective A-4 which requires that the amendment provide for the
preservation of historic resources through the redevelopment of land and buildings. Further,
Policy A-41 requires that the Historic Preservation Board make a finding that the requested
action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations.
The provisions of the Section are to provide for the preservation of districts, buildings, and
structures. The proposed amendment not only fails to provide for historic preservation, it creates
potential for further intensification of development, thereby discouraging the preservation of the
historic structures located immediately to the west of and abutting the subject property.
Moreover, the proposed amendment does not incentivize the preservation of the historic
structures on their existing sites. Therefore, positive findings cannot be made as the proposed
LQR text amendment is not consistent with and does not further the Goals, Oblectives and
Policies of the Comprehensive Plan Future Land Use Element.
HOUSING ELEMENT, GOAL AREA "A": To maintain a safe and adequate supply of housing
by preserving existing stable neighborhoods, stabilizing and enhancing neighborhoods that are
in transition, and restoring and rehabilitating neighborhoods that have declined.
4
Page 5 of 10; Planning and Zoning Board Meeting of 02.25.14
Amendment to apply C-5D overlay to OSSHAD
Housing Element Objective A-10: The City shall support the conservation and rehabilitation of
historically significant housing, especially where such housing is an identifying characteristic of
a particular neighborhood.
Housing Element Policy A-10.1 This objective will be implemented in accordance with the
standards and criteria of Section 4.5.1 of the Land Development Regulations, Historic
Preservation Sites and Districts.
Housing Element Policy A-10.2 The City will promote the use of historic designations as a
revitalization too/ in its preparation of Neighborhood Plans for those areas which have a
significant inventory of historic structures.
Housing Element Objective A-12-To assist residents of the City in maintaining and enhancing
their neighborhood environment, the City shall take steps to ensure that modifications in and
around the neighborhood do not lead to its decline, such as those described in the following
policies,
Housing Element Policy A-12.3., In evaluating proposals for now development or
redevelopment, the City shall consider the effect that the proposal will have an 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, 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.
Housing Element Policy A-12.4: The City will provide planning and technical assistance to
implement neighborhood-supported initiatives aimed at preserving the character of existing
residential areas. Such assistance may involve the formulation of regulations that would limit the
size and scale of new homes to be consistent with existing structures within a defined
neighborhood, and analysis of the housing inventory to determine if the area qualifies for
designation as a historic district, and similar measures.
STAFF ANALYSIS
The increase of density within this historically designated area will allow development
inconsistent with the established development pattern of the OSSHAD district. This desired
development pattern is explained in the "Purpose and Intent" section of the LDRs and calls for
encouraging the restoration or preservation of historic structures 2nd, maintaining and
enhancing the historic and pedestrian scale of the area. Uses and development densities and
intensities that are currently allowed in the OSSHAD promote the preservation and adaptive
reuse of all structures within the District. Increasing the intensity of use of the properties
available under the CBD will have an adverse impact on the stability of this historic area and
allow development inconsistent with the scale of the remainder of the historic district.
Additionally, the proposed amendment has the potential to negatively affect the historic
neighborhood environment of the Old School Square Historic District by impacting the safety,
habitability, and stability of this predominantly residential area. Therefore, positive findings
cannot be made, as the proposed LDR text amendment is not consistent with and does not
furtherthe Goals, Objectives and Policies of the Comprehensive Plan Housing Element-
5
Page of10; Plannhgand Zoning Board Meeting of 02.25.14
Amendment to app[y CBD overlay to 08SHAD
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As previously nnhad, the properties are currently regulated by those requirements hated in LDR �
Section 4.4.24 ([SSH/\O) which is a mixed use zoning district intendedhn� .
1. Provide for mixed umoa of residential, ofOce, and commercial uctk/0ea, with an emphasis on
the ada, that will encourage the restoration or preservation of historic structures and, yet,
maintain and enhance the historic and pedestrian oc�ha of ar�m�. '
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2. Stimulate greater awareness and pride in the City's architectural hoMtmma, and unamte an
atmosphere and feeling of"Old Delray Beaoh"; !
3. Improve the environmental quality and overall |iVobi|ih/ of this M|o1oMc District and stabilize i
and |nnpnrve property value therein, end;
4. /\Uowx uses which promote preservation and adaptive reuse of all structures within the
Oiathot.
The CBD was "established in order to preserve and protect the cultural and historic aspects of
downtown Delray Beach and simultaneously provide for the stimulation and enhancement of the |
vitality and economic growth of this special area. The regulations within the Central Core, within �
which the subject property ||em. are ''intended to naau|t in development that preserves the
downtown's historic moderate aoa|e, while promoting a balanced mix of uses that will help the
area evolve 'into a tradibonm|, nmU-auffinimnt downtown. Further, 'residential development is �
permitted at higher densities in this area than any other part of the city, in order to foster '
compact, pedestrian oriented growth that will support downtown businesses."
There are clear differences between the purposes and intents of the O88HAD and CBD zoning �
districts. Overall, the CBO does not emphasize the preservation of historic structures, but rather,
a1hvaa to protect. hiotoho aspects of the dovvntoxvn, such as the scale, which is |ow-snm|m,
particularly when looking to the surrounding municipalities and their larger height maximums.
Hovwmver, when compared with the historic districts, the C8D scale in not compatible in that it is �
taller and permits o significantly larger scale and massing, Therefore, the OSSHAO intent is /
more approphabe, as are 'its development requinamente, with the intention to maintain the '
historic development pattern of the nriQino| Town of Delray neighborhood. '
As previously notod, the proposed amendment will gUom/ the incursion of a more intense .
development having reduced setback requirements and m potential for greater height into an !
historic district having zoning regulations that established a mixed use district with a |emy
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intensity of uaes, density, ooa|m and massing. The chart below gives a nnmnpmhnon of the �
development standards applicable to the proposed amendment and conditions of the subject
property:
Cannot determine
Lot Coverage 40% --- difference
Lot Size 8,000 square feet 0
Lot Depth 100, 0
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Page 7u(10; Planning and Zoning Board Meeting of02.25]4
Amendment to apply CED overlay to OSSHAD
Lot Frontage 80,
Front 25' ground floor use- closer;
&de-Street 15, ground floor use; closer;
10%-30% = 15'min. difference
Rear 10, 10, No Difference
3'd Story-Over 25'-48'
The floor area for the At least 70% = 15' min.-
Front third floor shaJI be Upto30% 5'-10' min'
limited to 50% of the 01 Cannot determine
second floor area and or 10' difference.
S ide-I ntenor the building setbacks (depending on vehicular
or planes of the fagade access to rear of property)
Side-Street are offset and varied to See Front(above)
Rear provide visual relief- 1 0
4�h StDU=over 3T
Side-Interior (OSSHAD height limit (depending on vehicular OSSHAD height limIt
is 35') access to rear of property) is 35'
Side-Street See Front(above)
Additional height excepfions would not apply,as identified in 4.4.13(F)(1).
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�See LIDR Section 4A1a
Pursuant;oLDR Section 4�4(A)(1)(a)yV,Otherwise rear setback is 10'.
See Appendix /\ for a comparison of the penniUed uses within both the OOSMAO and CBD !`
zoning district. !�
The surrounding area includes the CBO zoning district and the Old School Gqumna Historic
District (properties zoned OGGHAD). A majority of the properties adjacent to the subject
properties contain contributing structunemmhthin the subject historic district, and will be the most �
affected by the proposed amendment. This is of concern as those properties that have not yet �
benefited from redevelopment could be further hindered aa there would be \aoo incentive for the
rehabilitation and adaptive reuse of those properties. Further, theeaot+meat alleyway in Block
69 serves as a physical boundary between those properties to the north which are already
subject tnthe CBO uses and Development Standards, and the subject properties which make
up portions ofthe southern area of the historic district. Further, it appears that development that
has occurred outside of the designated historic district is being used to justify inappropriate
regulations within the historic dishiot, such as the Worthing Place development, the 8oueri
Mixed-Use 8uUdin8, and the pending GofA District Offices and Lofts project all |ncated along the
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Page 0of1C; Planning and Zoning Board Meeting of0I25.14
dmen
.-_ ._-pply CB D overlay to DS SHAD
eoof side of SE 1 m Avenue in the CBD' across from the subject properties. If development
outside of the historic districts juetdiae changing regulations within the historic disthot, then the '
same rationale ouo|d be applied to other historic districts and/or individually designated �
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properties.
It should be noted that it was made clear during the review for the amendment adopted in 2000,
which applied CBOoverlay to the properties hn the north km Block 69. that omvid|nQCBD overlay
of permitted uses and development standards for those properties would not be precedent
The OS8HAD district is bm|Ded as a low intensity, mixed use district that allows single family
reskjenta|, professional ufficaa, boutiques, etc The intensity allowed as principal uses as well
as the more liberal development standards in the CBD zoning dimthnt, such as setbacks and
height, for the subject property, is incompatible with the historic district. Consequenth, a positive
finding cannot be made with respect 1oLDl Section 2.4-5(N)(5).
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The Comprehensive Plan calls for the preservation of historic resources, which is not achieved .'
by the proposed amendment. Therefona, a positive finding cannot be mode that the
amendments are consistent with and further the Goals, Objectives, and Policies of the
Comprehensive Plan. ! .
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The Community Redevelopment Agency (CRA) considered the subject LDR Amendments at
its meeting of February 13, 2014; the consensus of the Board was to not support the proposed '
amendment. |
The Historic Preservation Board (HPE) considered the subject LDR Amendments at its
meeting of February 18. 2814; the Board recommended approval on a vote of 4-1 (Miller
dissenting; Aponte and McDonald mbnent).
Public Notice
Since the proposed LOR text amendment is e-�te specific, a public notice has been provided to
property owners within m5OCY radius o{the subject properties.
Letters of objection and support, if any, will be presented mt the meeting, .
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Page 9of10; planninVand Zoning Board Meeting ofU22,514
Arne ~.~.`~~pply CB D overlay to OSS HAD
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A. Continue with dlrecion.
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B. Move e recommendation of approval to the City Commission of the amendment to Land
Development Regulation Section 4,4.24(B)(12) ond4.4.24(F)M\(a)' allowing the permitted
uses and development standards excluding the a«oeoUona to additional height in the CBO �
for Lots 18 - 18mf Block 68. and Lots 11'12 and the North Half of Lot 13. and Lots 23-25 �
of Block 70, by adopting the findings of fact and law contained in the staff report,.and finding `
that the text amendment and approval thereof is consistent with the Comprehensive Plan
and meets the criteria set forth in LOR Section 2.4.5(M). /
C. Move a recommendation of denial to the City Commission of the amendment to Land
Development Regulation Section 4.4.24(B)(12) and 44.24(F)/1\(o), allowing the permitted
uses and development standards excluding the exceptions to additional height in the CBD /
for Lots 18 - 18of Block OB. and Lots 11-12 and the North Half of Lot 13' and Lots 23-25 |
of Block 70, by adopting the findings of fact and law contained in the staff report, and finding !
that the text amendment and approval thereof is not consistent with the Comprehensive
Plan and does not meet the criteria set forth in LC]R Section 2.4.5UN>. (Motion to be phrased
in the affirmative. See above.)
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Recommend denial to the City Commission of the amendment to Lard Development Regulation
Section 4�.24(B)(12). 4.4.24(C). and 4.4.24(F)(1)(a), allowing the permitted uses and �
development standards excluding the exceptions to additional height in the CBO for Lots 16 — |,
18 nf Block 89. and Lots 11-12 and the North Half of Lot 13. and Lots 23-25 of Block 70, by
adopting the findings of fact and law contained in the staff repurt, and finding that the text
amendment and approval thereof is not uona|mhant with the Comprehensive Plan and dnnn not
meet the criteria mat forth in LOR Section 2.4.5(KA). (Motion to be phrased in the affirmative. See
above.\ �
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Attachments.
N Appendix/\—Chart of Permitted Uses within O8BHAD and CBD
� LDR Section 4.4.13(5), �C). (F)
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Exhibit"A"[PmpooedAmendment]
~ LocatomN1up
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Justification Statement �
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Page 10 of 10; Fanning and Zoning Board Meeting of 02.25.14
Amendment to apply GBD overlay to OSS HAD
P
OSSHAD_ CBD-Central Core
Permitted Uses
Note: Each District provides listed examples of the
types of uses, and those may vary between disbicts.
Single family and duplex dwellings x
Business, Professional, Medical and x
Governmental Offices x (Except Government Offices)
Retail uses and/or facilities through specialty x x
shops (single purpose businesses)
Restaurants of a sit down nature x x
Arts related businesses x x
Educational and/or Instructional activities
I (including training, vocational, or craft SChDDIS, the x x
arts, personal development, and libraries, museums,
and social and philanthropic institutions)
Libraries and museums x x
Personal services
(barbershops,beauty shops,salons,cosmetologists) x x
Catering services x x
(not associated with a restaurant)
Bed and breakfast inns x x
Group Home, Type 1 x
Assisted Living Facilities x x
Residential Licensed Service Providers Facilities x
Nursing Homes x x
Continuing Care Facilities x
General retail uses and/or facilities T x
Services and facilities (See 4.4.13(13)(3))
Commercial Parking Lots and Parking Garages x
Multi-family Residential --- x
(Up to 30 units per acre)
Hotels, motels, bed and breakfast inns, and x x
residential-type inns (Bed&Breakfast Inn Only)
ORDINANCE NO. 09-14
AN ORDINANCE OF THE CTIY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA,BY
AMENDING SECTION 4.424, "OLD SCHOOL SQUARE HISTORIC ARTS
DISTRICT (OSSHAD)",SUBSECTION 4.4.24(B), "PRINCIPAL USES AND
STRUCTURES" TO INCLUDE AN ADDITIONAL PROPERTY THAT
IS ALLOWED THE PMM-fM USES OF THE CBD ZONING DISTRICT;
AMENDING SECTION 4.424, "OLD SCHOOL SQUARE HISTORIC ARTS
DISTRICT (OSSHAD)", SUBSECTION 4.4.24(C), "ACCESSORY USES
AND STRUCTURES PERMITTED" TO INCLUDE AN ADDITIONAL
PROPERTY THAT IS ALLOWED THE ACCESSORY USES OF THE CBD
ZONING DI`MCf; .AMENDING SUBSECTION 4.4.24(F),
"DEVELOPMENT STANDARDS", TO INCLUDE AN ADDITIONAL
PROPERTY IN THE OSSHAD DISTRICT THAT IS SUBJECT TO THE
STANDARDS OF THE CBD ZONING DISTRICT; 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 February 25, 2014 and voted to to
approve the amendments;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 Plata.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH,FLORIDA,AS FOLLOWS:
Section 1. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection
4.4.24(B), "Principal Uses and Structures" of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
B. Principal Uses and Structures: The following types of uses are allowed ,vithin the
OSSHAD as a permitted use:
(1) Single family detached dwellings.
(2) Duplex structures.
(3) Business,Professional,Medical and Governmental Offices.
(4) Retail uses and/or facilities through specialty shops (single purpose businesses)
such as: bath shops, book stores, gift shops, florists, hobby shops, ldtchen shops, boutiques, bicycle
shops, excluding liquor stores, convenience stores and pharmacies.
(5) !arts related businesses such as craft shops, galleries,and studios within which is
conducted the preparation of, display of, and/or sale of art products such as antiques, collectibles,
custom apparel,jewelry,paintings,photography,picture framing,pottery, sculpture,stained glass.
(6) Educational and/or Instructional activities including training, vocational, or
craft schools, the arts, personal development, and libraries, museums, and social and philanthropic
institutions_
(7) Restaurants of a sit down nature such as a cafe, snack shop, full service dining
but excluding any drive-in and/or drive-thtough facilities or featutes.
(8) Providing of personal services such as batbershops, beauty shops, salons,
cosmetologists.
(9) Bed and Breakfast Inns,subject to the provisions of LDR Section 4.3.3(Y).
(10) Catering services not associated with a restaurant, subject to the special
regulations of Section 4.4.24(H).
(11) Group Home,Type 1,pursuant to restrictions set forth in Section 4.3.3(1).
(12) Within the following described areas, the uses allowed as permitted uses in
Section 4.4.13(B) pursuant to the base district and special regulations of the Central Business District
regulations shall also be allowed its the OSSHAD:
(a) Lots 13-16,Block 60
(b) Lots 1-4,Block 61
(c) Lots 1-7,Lots 16 - 18 and 19 -24,Block 69
(d) Lots 11-12 and the North Half of Lot 13,and Lots 23-25,Block.70
(e) Lots 7- 8,and the South 34.75 feet of Lot 6,Block 75,and
(e) Lots 1- 6,Block 76
(13) Assisted Laving Facilities
(14) Residential licensed Service Providers Facilities
(15) Nutsing Homes
Section 2. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)",
Subsection 4.4.24(C), "Accessory Uses and Structures Permitted", of the Land Development Regulations
of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows:
2
ORD.NO.09-14
ji
(B) Accessory Uses and Structures Permitted. The following uses are allowed when a
part of, or accessory to, the principal use:
(1) Uses and structures normally associated with residences such as: bird aviaries,
dog houses and dog tuns, garages, greenhouses, guest cottages, playhouses, pool houses and
covers/enclosures, pump houses, slat houses, storage sheds, workshops, sVimming pools, and home
occupations.
(2) On a parcel that has as its principal use anon-residential use, there may be no
more than two residential units, either within a separate structure or within a structure housing a non-
residential use.
(3) Family Day Cate Home,pursuant to Section 4.3.3(I).
(4) Parking lots and refuse storage areas
(5) Outdoor dining areas which are accessory or supplemental to a restaurant or
business use,provided the operation of the outdoor dining area is limited to daylight hours.
(6) Within the following described areas, the uses allowed as accessory uses in
Section 4.4.13(C) pursuant to the base district and special regulations of the Central Business District
regulations shall also be allowed in the OSSHAD:
(a) Lots 13-16,Block 60
(b) Lots 1-4,Block 61
(c) Lots 1-7,Lots 16-- 18 and 19 -24,Block 69
(d) Lots 11-12 and the North Half of Lot 13 and Lots 23-25 Block 70
(e) Lots 7- S,and the South 34.75 feet of Lot 6,Block 75, and
(e) Lots 1- 6,Block 7 6
Section 3. That Section 4.424, "Old School Square Historic Arts District (OSSHAD)",
Subsection 4.4.24(F), "Development Standards", of the Land Development Regulations of the City of
Delray Beach, Floxida,be,and the same is hereby amended to read as follows:
(F) Development StandnAa�. The development standards as set forth, for the OSSHAD
District,in Section 4.3.4 apply,except for as modified below:
(1) The following locations shall be subject to the development standards of the
Cominercial Core (CC) area of the CBD Zone District, excluding exceptions to height limitations
provided in Section 4.3.40(4):
(a) Lots 1-- 7,Lots 16— 18 and 19 -24,Block 69
(b) Lots 11-12 and the North Half of Lot 13,and Tots 23-25,Block 70
3
ORD.NO.0-14
(c) Lots 7- S,and the South 34.75 feet of Lot 6,Block 75;and
(c) Lots 1- 6,Block 76
(2) The following locations shall be subject to the development standards of the
West Atlantic Neighborhood (WAN)area of the CBD Zone District
(a) Lots 13-16,Block 60
(b) Lots 1-4,Block 61
(3) Parcels located along N.E. 1st Avenue between N.E. 211d Street and N.E. 31d
Street(Banker's Row) shall comply-with either provisions of Section 4.34 or provisions of the Banker's
Row Development Plan.,whichever is more permissive.
(4) Except for properties identified in Sections 4.4.24(F)(1) and (2) and the Old
School Square Cultural Arts Complex, the maximum width of a building fronting a street shall he
limited to 60' and shall have a minimum separation of 15' between buildings fronting a street in a
development site that contains more than one structure.
(5) The floor area for the third floor shall be limited to 50% of the second floor
area and the building setbacks or planes of the fagade are offset and varied to provide visual relief
(6) Notwithstanding the provisions of Section 4.4.240(4), or elsewhere in this
code, residential-type inn developments, shall be permitted to connect adjacent on-site buildings using
all--weather, covered walkways, that are constructed of not less than seventy percent (70%) vertical
transparent glass or sinAar material. Said walkways shall be on the ground floor only, shall be located
not closer than fifteen (15) feet from the front building face, and may be joined to elevators,lobbies, or
accessory use facilities perniitted herein.
(7) All properties located within the Old School Square Historic District and are
subject to the provisions of Section 4.5.1.
Section 4. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall
not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be
invalid.
Section S. That all ordinances or parts of ordinances in conflict herewith be, and the same, are
hereby repealed.
Section 6. That this ordinance shall become effective upon its adoption on second and final
reading.
4
ORD.NO.09-14
PASSED AND ADOPTED in regular session on second and final reading on this the day of
., 2014.
MAYOR
ATTEST:
C47 Clerk
First Reading
Second Reading
S
ORD.NO.09-14
lip
O � (357
v0o ■ �
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,--PA
.MINI
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--Idmmm-- PROPOSED LDR AMENDMENT CBD OVERLAY
CITY OF DELRAY BEACH,FL.
PLANNING&ZGKIND DEPARTMENT
2-STORY AND MORE CBD ZONING OVERLAY OSSHAD PROPOSED
GONTRIBUTING NON-CONTRISUnNG DISTRI CT BOUNDARII PROPERTIES
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3RD 3RD
12 13 —20
L I
lu
OLD 12 .3 25 20
SCHOOL
(ZED USQUA E
SQUARE ME!-1
_7 7 13 Lill' 14 a
TY
101 .20 20 10
VV
OSSHAD LOTS SUBJECT TO CBD REGULATIONS
o wo wommmim OLD SCHOOL SQUARE HISTOR[C ARTS DISTRICT(OSSHAI))
PLANNINO&70NING DEFIARTMENT M-E)WHNG LOTS 9991-PRCpQsEt)LOT-R BLOCK NUMBER a-LOT NUMBER
DiWFAL BASE MAP SM7FAI-- MAP REF; &\P�onrdng &7oNrlg\D8US\Prolects\Hlst Districts\-)SSHAD Lots Subject to C3D RegulafliGn
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SECTION 4.4.24
Section 4.4.24 Old School Square Historic Arts District (OSSHAD)
(A) Purpose and Intent: The Old School Square Historic Arts District (OSSHAD)
is a mixed use district which is intended to:
(1) Provide for mixed uses of residential, office.. and commercial activities, with
an emphasis on the arts, that will encourage the restoration or preservation of historic
structures and, yet, maintain and enhance the historic and pedestrian scale of the area;
[Amd. Ord. 13-93 2123193]
(2) Stimulate greater awareness and pride in the City's architectural heritage,
and create an atmosphere and feeling of"Old Delray Beach";
(3) Improve the environmental quality and overall livability of this Historic
District and stabilize and improve property value therein, and;
(4) Allow uses which promote preservation and adaptive reuse of all structures
within the District. [Amd. Ord. 13-93 2123193]
(B) Principal Uses and Structures: The following types of uses are allowed
within the OSSHAD as a permitted use:
(1) Single family detached dwellings. [Amd. Ord. 59-04 11116104]
(2) Duplex structures. [Amd. Ord. 59-04 11116104]
(3) Business, Professional, Medical and Governmental Offices. [Amd, Ord.
59-04 11116104]
(4) Retail uses and/or facilities through specialty shops (single purpose
businesses) such as: bath shops, book stores, gift shops, florists, hobby shops, kitchen
shops, boutiques, bicycle shops, excluding liquor stores, convenience stores and
pharmacies. [Amd. Ord. 35-10 10119110]; [Amd. Ord. 59-04 11116104]
(5) Arts related businesses such as craft shops, galleries, and studios within
which is conducted the preparation of, display of, and/or sale of art products such as
antiques, collectibles, custom apparel, jewelry, paintings, photography, picture framing,
pottery, sculpture, stained glass. [Amd. Ord. 59-04 11116104]
(6) Educational and/or Instructional activities including training, vocational, or
craft schools, the arts, personal development, and libraries, museums, and social and
philanthropic institutions. [Amd. Ord. 59-04 11116104]; [Amd. Ord. 13-93 2123193]
(7) Restaurants of a sit down nature such as a cafe, snack shop, full service
dining but excluding any drive-in and/or drive-through facilities or features. [Amd. Ord.
59-04 11116104]; [Amd. Ord. 13-93 2123193]
4.4- 117
SECTION 4.4.24 (B) (8)
(S) Providing of personal services such as barbershops, beauty shops, salons,
cosmetologists. [Amd. Ord. 59-04 11116104]
(9) Bed and Breakfast Inns, subject to the provisions of LDR Section 4.3.3(Y).
[Amd. Ord. 11-10 7120110]; [Amd. Ord. 59-04 11116104]
(10) Catering services not associated with a restaurant, subject to the special
regulations of Section 4.4.24(H), [Amd. Ord. 59-04 11116104]; [Amd. Ord. 5-00
3121100]
(11) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1).
[Amd. Ord. 59-04 11116104]; [Amd. Ord. 23-01 511101]
(12) Within the following described areas, the uses allowed as permitted uses in
Section 4.4.13(B) pursuant to the base district and special regulations of the Central
Business District regulations shalt also be allowed in the OSSHAD: [Amd. Ord, 59-04
11116104]; [Amd. Ord, 23-01 511101]; [Amd. Ord, 5-00 3121100]
(a) Lots 13-16, Block 60
(b) Lots 1-4, Block 61
(c) Lots 1-7 and 19-24, Block 69 [Amd. Ord; 47-99 114100]
(d) Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and [Amd. Ord.
79-04 11181051
(e) Lots 1- 6, Block 76
(13) Assisted Living Facilities [Amd. Ord. 01-10 1119110]
(14) Residential Licensed Service Providers Facilities [Amd. Ord. 10-11 415111]
(15) Nursing Homes [Amd. Ord. 10-11 4151111
(C) Accessory Uses and Structures Permitted: The following uses are allowed
when a part of, or accessory to, the principal use:
(1) Uses and structures normally associated with residences such as: bird
aviaries, dog houses and dog runs, garages, greenhouses, guest cottages, playhouses,
pool houses and cove rslenclosures, pump houses, slat houses, storage sheds,
workshops, swimming pools, and home occupations.
(2) Can a parcel that has as its principal use a non-residential use, there may be
no more than two residential units, either within a separate structure or within a
structure housing a non-residential use. [Amd. Ord. 59-04 11116104]; [Amd, Ord. 13-
93 2123193]
DELETED (a), (b), (c). [Amd. Ord. 59-04 11116104]
(3) Family Day Care Home, pursuant to Section 4.3.3(T). [Amd. Ord. 25-10
10119110]
4.4 - 118
SECTION 4.4.24 (C) (4)
(4) Parking lots and refuse storage areas
(5) Outdoor dining areas which are accessory or supplemental to a restaurant
or business use, provided the operation of the outdoor dining area is limited to daylight
hours. [Amd. Ord. 13-93 21231931
(6) Within the following described areas, the uses allowed as accessory uses
in Section 4.4.13(C) pursuant to the base district.and special regulations of the Central
Business District regulations shall also be allowed in the OSSHAD: [Amd. Ord. 57-07
1103108]
(a) Lots 13-16, Block 60
(b) Lots 1-4, Block 51
(c) Lots 1- 7 and 19-24, Block 69
(d) Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and
(e) Lots 1- 6, Block 76
(D) Conditional Uses and Structures Allowed: The following uses are allowed
as conditional uses within the OSSHAD:
DELETED (1)AND (2)AND RENUMBERED. [Amd. Ord.69-04 111161041
(1) Outdoor dining which operates at night or which is the principal use or
purpose of the associated restaurant. [Amd. Ord. 59-04 11116104]; [Amd. Ord. 13-93
2123193]
(2) Child Care, and Adult Day Care. [Amd. Ord. 10-11 4/5111]; [Amd. Ord.
20-08 4115108];[Amd. Ord. 59-04 11!'16104]; [Amd. Ord. 4-04 213/04]; [Amd. Ord.
35-00 1/21011
(3) Public Parking lots not associated with a use. [Amd. Ord. 38-07 2/51081;
[Amd. Ord. 59-04 11116104]
(4) Residential-type inns, not to exceed more than eighteen (18) individually
leased suites or rooms per acre. [Amd. Ord. 59-04 11/16104]; [Amd. Ord. 9-98
21'17198]
(5) Group Home, Type 2, and Community Residential Homes, pursuant to
restrictions set forth in Section 4.3.3(1), [Amd. Ord. 59-04 11116104]; [Amd. Ord. 23-
01 511101]
(6) Large Family Child Care Horne, subject to Section 4.3.3(TT). [Amd. Ord.
25-10 10119110]
(E) Review and Approval Process:
(1) All principal uses and accessory uses thereto, which do not require a permit
shall be allowed upon application to, and approval by, the Chief Building Of=ficial. [Amd.
Ord. 59-04 11116104]
4.4 -119
SECTION 4.4.24 (E) (2)
(2) Structures which require a building permit for external work must receive
approval from the Historic Preservation Board, or the Director of Planning and Zoning or
designee, as applicable, through the issuance of a Certificate of Appropriateness.
[Amd. Ord. 59-04 111161041
(3) For new development, or a change in use which results in the requirement
to provide additional parking, approval must be granted from the Historic Preservation
Board pursuant to Sections 2.4.5 (F), (H), and (1). [Amd. Ord. 59-04 11116104]
(4) Conditional uses must be approved pursuant to Section 2.4.5(E). Prior to
action by the Planning and Zoning Board, the conditional use request must be reviewed
by the Historic Preservation Board with a recommendation forwarded to the Planning
and Zoning Board. [Amd. Ord. 59-04 11116104] .
(F) Development Standards: The development standards as set forth, for the
OSSHAD District, in Section 4.3.4 apply, except as modified below: [Amd. Ord. 59-04
11/16104]; [Amd. Ord. 13-93 2123193]
(1) The following locations shall be subject to the development standards of
the Commercial Core (CC) area of the CBD Zone District, excluding exceptions to
height limitations provided in Section 4.3.4(J)(4): [Amd. Ord. 64-04 11116104]; [Amd.
Ord. 59-04 11116104]; [Amd. Ord. 21-04 514104]; [Amd. Ord. 13-93 2123193]
(a) Lots 1- 7 and 19-24, Block 69 [Amd. Ord. 21-04 514104]; [Amd. Ord.
47-99 114100]
(b) Lots 7- S, and the South 34.75 feet of Lot 6, Block 75; and [Amd. Ord.
79-04 1118105]; [Amd. Ord. 21-04 514104]
(c) Lots 1- 6, Block 76 [Amd. Ord. 21-04 514104]
(2) The following locations shall be subject to the development standards of
the West Atlantic Neighborhood (WAN) area of the CBD Zone District_: [Amd. Ord. 64-
04 11116104]; [Amd. Ord. 21-04 514104];
(a) Lots 13-16, Block 60 [Amd. Ord. 21-04 514104]
(b) Lots 1- 4, Block 61 [Amd. Ord. 21-04 514104]
(3) Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.E.
3rd Street (Banker's Row) shall comply with either provisions of Section 4.3.4 or
provisions of the Banker's Row Development Plan, whichever is more permissive.
[Amd. Ord. 21-04 5141041; [Amd. Ord. 13-93 21231931
(4) Except for properties identified in Sections 4.4.24(F)(1) and (2) and the Old
School Square Cultural Arts Complex, the maximum width of a building fronting a street
shall be limited to 60' and shall have a minimum separation of 15' between buildings
fronting a street in a development site that contains more than one structure. [Amd.
Ord. 59-04 11116104]
(5) The floor area for the third floor shall be limited to 50% of the second floor
area and the building setbacks or planes of the facade are offset and varied to provide
visual relief. [Amd. Ord. 59-04 11116104]
4.4 - 120
SECTION 4.4.24 (F) (6)
4.4.24(F)(4), or elsewhere in his
(6) Notwithstanding the provisions of Section fi
code, residenti a[-type inn developments, shall be permitted to connect adjacent on-site
buildings using all-weather, covered walkways, that are constructed of not less than
seventy percent (70%) vertical transparent glass or similar material. Said walkways
shall be on the ground floor only, shall be located not closer than fifteen (15) feet from
the front building face, and may be joined to elevators, lobbies, or accessory use
facilities permitted herein. [Amd. Ord. 01.12 81211121; [Amd. Ord. 59-04 11116104]
(7) All properties located within the Old School Square Historic District and are
subject to the provisions of Section 4.5.1. Amd. Ord. 01-12 8121112]
(G) Supplemental District Regulations: Supplemental district regulations as set
forth in Article 4.6, except as modified herein, apply:
(1) Parcels located along N.E- 1st Avenue between N.E. 2nd Street and N.E.
3rd Street (Banker's Row) shall comply with either provisions of Article 4.6 of these
Supplemental District Regulations [Subsection (G)], or provisions of the Banker's Row
Development Plan, whichever is more permissive. [Amd. Ord. 13-93 2123193]
(2) The perimeter landscaping requirements of Section 4.6.16(H)(3)(e) shall
not apply. [Amd. Ord. 13-93 2123193]
(3) All parking, except for single family homes and duplexes, shall be located in
the side or rear yard or adjacent to a rear alley. No such parking shall be located in the
area between any street and the closest building or structure. Where there are existing
buildings or structures, the Historic Preservation Board may waive this requirement
during the site plan review process, provided that it is determined that compliance is
not feasible and that the character of the area will be maintained. If approved, such
parking shall be substantially screened from off-premises view by a hedge or decorative
fencing. [Amd. Ord. 13-93 2123/931
(4) Parking Requirements: [Amd. Ord. 83-93 1111194]
(a) All non-residential uses, with the exception of restaurants, and
business and professional offices, shall provide one parking space per
300 sq.ft, of total new or existing gross floor area being converted to
non-residential use. This requirement may be reduced to one parking
space per 400 sq-ft. of gross floor area, or by at least one space, where
there is a mix of residential and non-residential use in the same
structure. [Amd. Ord. 01-09 1120109]; [Amd. Ord. 83-93 1111194]
[Amd. Ord. 13-93 21231931
(b) Restaurants shall provide six spaces per one thousand square feet of
total new or existing floor area being converted to restaurant use,
except for Lots 1 through 6 in Block 69 where 12 spaces per 1,000
square feet of gross floor area up to 6,000 sq. ft. and then 15 spaces
per 1,000 sq. ft. of gross floor area over the initial 6,000 sq, ft. is
required. [Amd. Ord. 29-11 9120111]; [Amd. Ord. 83-93 1111194]
4.4 - 121
SECTION 4.4.24 (G) (4) (c)
(c) Residential-type inns shall provide one parking space per guest
room/unit- Other accessory uses shall be calculated separately based
upon square footage of the use area as provided for in subsections
4.4.24 (0) (4) (a) and (b) above. [Amd. Ord. 9-98 2117198]
(d) Business and professional offices shall provide one (1) space per 300
sq- ft. of total new or existing net floor area being converted to office
use. This requirement may be reduced to one parking space per 400
sq.ft. of net floor area, or by at least one space, where there is a mix of
residential and office use in the same structure. [Amd. Ord. 01-09
1/20109]
(5) If the required parking is not or cannot be provided on-site or off-site, or it is
just inappropriate to provide it on site, the in-lieu fee option provided in Section
4.6.9(E)(3) may be collected. For the purpose of this provision, "inappropriateness" may
be considered in relationship to the historic character of this zone district. [Amd. Ord.
21-11 812111]; [Amd. Ord. 13-93 2123193]
(6) When the parking requirements are applied to either new development,
expansion of an existing use or a change in use, which results in the requirement of
only one new parking space, a one space exemption shall be allowed. This exemption
may only occur once per property. [Amd. Ord. 01-12 8121112]; [Amd. Ord. 6-01
2120101]
(7) Historic Districts,_ Sites, and Buildings: Properties located within a
Historic District or Individually Designated Sites, as listed on the Local Register of
Historic Places in Section 4.5.1(I), shall comply with the Visual Compatibility Standards
of Section 4.5.1(E)(8). [Amd. Ord. 01-12 8121112]
(H) Special District Regulations:
(1) The gross floor area of residential units within a structure containing
permitted non-residential use(s) shall not exceed 50% of the gross floor area of the
structure within which they are located. [Amd. Ord.38-07 215108];[Amd.Ord. 13-93 2123193]
(2) Residential uses shall comprise no less than 10% of the uses in the
OSSHAD District as expressed by the exclusive use of individual parcels, other than
condominium ownerships. The existence of an occupational license, except for one
issued for a home occupation, shall establish that such a parcel is non-residential.
[Amd. Ord. 13-93 2123193]
(3) Residential-type inns shall create a transitional or buffer area between
residential uses and non-residential uses (such as office, commercial, etc.) which are
either on or near the subject property. [Amd. Ord. 9-98 2117198]
(4) A residential-type inn shall be associated with an historic structure and
must be residential in design, scale and character. [Amd. Ord. 9-98 2117198]
(5) Catering services cannot exceed 2,000 sq. ft. of total floor area and shall
not have overnight storage of more than two vehicles, which shall not exceed 1-112 ton
capacity. [Amd. Ord. 5-00 3121/00]
4.4 - 122
SECTION 4.4.24 (H) (6)
(6) 24-Hour or late night businesses as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV). [And. Ord. 41-
01 8/7101]
(7) Duplex structures must have an integrated design to give the appearance
of a single family dwelling_ [Amd. Ord. 59-04 11116104]
4.4 - 123
SECTION 4.4.13
Section 4.4.13 Central Business (CBD) District:
(A) Purpose and Intent: The Central Business District (CBD) Zone District is
established in order to preserve and protect the cultural and historic aspects of
downtown Delray Beach and simultaneously provide for the stimulation and
enhancement of the vitality and economic growth of this special area. Establishment of
the CBD District is consistent with and implements, in part, Objective C-4 of the Land
Use Element of the Comprehensive Plan. The CBD District is generally applied to
territory depicted in the Commercial Core designation on the Future Land Use Map.
The areas described below and shown in Figures 4.4-13-1, 4.4.13-2 and 4.4.13-3
provide for development that is consistent with the adopted Downtown Delray Beach
Master Plan. [Amd. Ord. 64-04 11116104]; [Amd. Ord. 21-04 514104]
Central Core: The
regulations are intended r -7-
to result in development
that preserves the
[.4J J ;-LU
downtown's historic
moderate scale, while
promoting a balanced mix
of uses that will help the
area evolve into a
traditional, self-sufficient
downtown. Residential
development is permitted
at higher densities in this
El� 1113 LU
E E
area than any other part 2 Tjj-9M
compact,
of the city, in order to
foster
pedestrian oriented = 7771
11 F4=1
growth that will support
downtown businesses.
[Amd. Ord. 21-04 T:mar
514104]
IT-WR
LJ
7rM
FIR 5
LITMITH
CENTRAL CORE
(CC AL CU INESS
Figure 4.4.13-1 -Central Core
4.4 - 58
SECTION 4.4.13 (A)
Beach Area: The goal for this area is to "preserve and enhance the character of these
areas, the public condition of the beach, the vitality of its center, and the natural
environment." The Master Plan calls for redevelopment of existing buildings in a
manner that places storefronts close to the street and parking in the rear. Where
existing buildings are separated from the pedestrian ways by wide landscaped areas,
the addition of arcades and new building square footage to bring the storefronts closer
to the street is encouraged. [Amd. Ord. 21-04 514104]
F
j
U,
hT 9
L7-
IF
rwAK
%wm z"
A T L A N 7 1 Z,
TU Ell U I la M,
FIR
J j
_ �_ -F�- Fes„
,X6
LIE
]VE
F
n
L-1,
77
I FFTFE
IFF
N
--11I . BEACH AREA
CITY F PELR�?GWN,FL CBD(CENTRAL BUSINESS DISTRICT}ZONED DISTRICT
Figure 4.4.13-2-Beach Area
4.4 - 59
SECTION 4.4'13 (A)
West Atlantic Avenue Neighborhood: The goal for this area is to provide for !
development that is consistent with the adopted VV�u� A1|�n�u Avenue Redevelopment
'_- |
Plan and the Downtown Delray Beach Master Plan. The emphasis in on the
pvmown/mt|nn and enhancement ofexisting neighborhoodo, vvhUa promoting m pedestrian
friendly commercial area along Atlantic Avenue that contains a mix of Raa|denUai '
commercial and civic functions. Businesses that are oriented tovxmnJ serving the local 1
neighborhood, as opposed to a regional anem, are encouraged. [Ar"d' Ord' 64-04 /
11/1G/04]
LLLL
FA T
Vii
WEST ATLANTIC NEIGHBORHOOD
'
|
!
/
�
|
`
�
|
Figure 4.4.13-3-West Atlantic Neighborhood
4~4 ~ 60 '
SECTION 4.4.13 (B)
(B) Principal Uses and Structures Permitted; The following types of use are
allowed within the CBD District as a permitted use:
(1) General retail uses and/or facilities, including, but not limited to: [Amd. Ord.
35-10 101191101; [Amd. Ord. 22-99 7120199]
(a) Antiques, arts and crafts, automotive parts, baked goods, books, carpet
and floor covering, cheeses, beer, wine, liquor, confectioneries,
cosmetics, meats, draperies and slipcovers, pharmacies, electrical
fixtures and supplies, fabrics, fish, flowers and plants, fruits and
vegetables, food, garden supplies, gifts, glassware, hardware and
paints, home furnishings, ice cream, lawn care equipment, leather
goods, luggage, medical and surgical equipment, music and musical
instruments, nautical supplies, office furniture equipment and supplies,
pets and pet supplies, photographic equipment and supplies, sewing
supplies, sporting goods, toys, wearing apparel and accessories,
appliances, bicycles, business machines, jewelry. [Amid. Ord. 36-10
10119110]; [Amd. Ord, 22-99 7120199]
(2) Business, Professional and Medical uses pursuant to restrictions set forth
in Section 4.4.13(H)(1) including, but not limited to: [Amd. Ord. 09-10 7120110]; [Amd.
Ord. 45-06 9119106]; [Amd. Ord. 22-99 7120199]
(a) Interior decorating, medical and dental clinics, medical and dental
laboratories, photographic studios, printing and publishing, business,
medical and professional offices. [Amd. Ord. 09-10 7120/10]; [Amd.
Ord. 22-99 7[20199]
(3) Services and facilities including, but not limited to:
(a) Auctions, barber and beauty shops and salons, caterers, dry cleaning
limited to on-site processing for customer pickup only, dry cleaning and
laundry pickup stations, laundromats limited to self-service facilities, pet
grooming, restaurants excluding drive-in and drive-through, outdoor
cafes, tailoring, tobacconist, vocational schools limited to arts and
crafts, business, beauty, dancing, driving, gymnastics, photography,
modeling, and karate-judo, small item repair, and rental of sporting
goods and equipment (such as but not limited to bicycles, skates,
boogie boards). With the exception of bicycles with an electric-helper
motor as defined in section 72.02, Delray Beach Code of Ordinances,
all rented sporting goods must be non-motorized. [Amd. Ord. 36-11
10118111]; [Amd. Ord. 15-98 4121198]
(b) Galleries, broadcast studios, butcher shops, cocktail lounges, exercise
facilities e.g. gyms and clubs, museums, libraries, newsstands,
commercial or public parking lots and parking garages.
(c) Public open space plazas [Amd. Ord. 32-09 8/4109]
4.4- 61
SECTION 4,4A3 (B) (4)
| �
`
(4) W1u|U-fan1i|v dvYmUin0 onhe, including residential licensed service provider �
faci|ities, but excluding duplexes, up to a maximum density of thirty (30) units per acre
except for the VVeot Atlantic Neighborhood or Beach O|atMct, where the nlaxnourn
density is twelve (12) dmxaUinQ units per acre. [Amnd' Ord. 10-11 415111]; [Amd' Ord. .
64-04 11M�/D41' ��nm� 0��' ���� 3/�/�0�' c�no� 0�d ��'g� 12��/�SJ
- ., ~ -'-' -°. " -- . . '° |'
(5) Hohs�.' nnnte|e. and naaidant�/|�voa inns eX��p� in dl� West Atlantic
|
`- -- ~' |
Neighborhood. [Aod' Ord. 11-10 7/20110]; [A_d. Ord. 60-0u4 11116104]' ~A—d. Ord. '
'
9.98 21171981
(6) Assisted Living Facilities, Nursing Homes, and Continuing Care Facilities,
up to a maximum density of thirty (30 units per acre except for the West Atlantic
Neighborhood or Beach Disth[t, where the maximum density is twelve M7i dxveU|nQ �
units per acre. [And. Ord. 10-11 405111]; (Annd. Ord. 01'10 1119110M| [Annd. Ord. 2U-
00 4/15188]
�
(7) Bed and Breakfast|nns, except in the West Atlantic Neighborhood, subject �
to the provisions of Section 4.3.3(/). [Anud. Ord. 11-10 71201101
(C) Accessory Uses and Structures Permitted: The following uses are allowed .
when o part of, nr accessory to, the principal use,
(1) Parking lots. |
(2) Refuse and service areas. '
0J Provision of services and repair ofitems incidental to the principal use'
(4) Storage of inventory either within the same structure as xvhena the sale of
goods occurs or |Da separate structure on the same parcel provided that such storage
facilities are not shared or leased independent of the primary commercial use of the |
�
site.
(S) A n1ngk* family rwSidenoe, either separate or within a structure housing m
nonresidential use, provided that the residence is occupied by the owner, proprietor, or '
employee ofn business enterprise conducted un the property. !
(0) Recreational facilities attendant tne multi-family residential development,
such as tennis uuurta, avvimnnninQ poo|s, exercise opeau, and nnembnA rooms. Q�nm�' |
- /
Ord. 80-96 12151951 `
(7) Single level mechanical parking lifts for in-fill development projects that
have been vacant for a minimum period of one (1) year, pursuant to the requirements of `
Sections 4,6,13(D)(1 1) and 4.6.9(A(4). JAmd. Ord. 02-08 2119109]^ [Amd' Ord. 34-07
g/1@107]
(8) Family day uana home pursuant to Section 4.3.3(D. [\nmd. Ord. 25'10 !
1Of19/10]
,
/
4.4 ' 6Z '
�
i
SECTION 4.4.13 (D)
(D) Conditional Uses and Structures Allowed: The following uses are allowed
as conditional uses within the CBD District*
DELETED NUMBERS AND RENUMBERED. [Amd.Ord. 10-11 415111] ;[Amd.Ord.20-08 4115108]
(1) Amusement game facilities limited to such uses as pinball, air hockey,
electronic games, and other similar coin operated games when an attendant is on duty.
(2) Child care and adult day care.
(3) Financial institutions, e.g., banks and similar institutions including drive
through facilities pursuant to restrictions set forth in Section 4,4.13(H)(1). [Amd. Ord.
45-06 9119106]; [Amd. Ord. 70-04 114105]
(4) Funeral homes including accessory uses, such as, a chapel, crematory,
and the like. [Amd. Ord. 70-04 114105]
(5) Gasoline stations or the dispensing of gasoline directly into vehicles, except
that such use shall not be allowed in the West Atlantic Neighborhood, the Beach
District, nor on lots which front along Atlantic Avenue or N.E. 2n" Avenue (aik/a
Pineapple Grove Way), beginning at a point 105' south of N.E. 4th Street. [Amd. Ord.
70-04 1114105]; [Amd. Ord. 64-04 11116104]; [Amd. Ord. 22-99 7120199]
(6) Recreational establishments such as bowling alleys, gymnasiums, health
spas, miniature golf courses, skating rinks. [Amd. Ord. 70-04 114105]
(7) Veterinary clinics, [Amd. Ord. 70-04 114105]; [Amd. Ord. 14-91 02126191]
(8) Movie theaters, excluding drive-ins. [Amd. Ord. 70-04 114105]
(9) Playhouses, dinner theaters, and places of assembly for commercial
entertainment purposes (e.g., concerts, live performances), [Amd. Ord. 70-04 114105]
(110) Flea markets, bazaars, merchandise marts, and similar retail uses. [Amd.
Ord. 70-04 114105]; [Amd. Ord. 51-92 10127192]
(11) Wash establishment, with automatic/mechanical systems only, for vehicles,
except that such use shall not be located east of the Intracoastal Waterway or on lots
which front along Atlantic Avenue. Further, this use must be established on property
with a minimum lot area of 20,000 sq.ft. [Amd. Ord. 70-04 114105]; [Amd. Ord. 51-93
10126/93]
(12) Multi-family dwelling units, including residential licensed service provider
facilities and assisted living facilities, but excluding duplexes, at a density greater than
thirty (30) units per acre, on property located south of N.E. 2nd Street and north of S.E.
2nd Street, subject to the standards and limitations of Section 4.4.13(I).[Amd. Ord.
47-11 113112]; [Amd. Ord. 10-11 415111]; [Amd. Ord. 70-04 114105]; [Amd. Ord. 54-
01 11120101]; [Amd. Ord. 8-98 213198]
(13) Group Home, Type 2 and Community Residential Homes, pursuant to
restrictions set forth in Section 4.3.3(1). [Amd. Ord. 70-04 114105]; [Amd. Ord. 23-01
511101]
4.4 -63
SECTION 4.4.13 (D) (14)
(14) Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may
provide their required parking as valet parking, subject to the provisions of Section
4.6.9(F)(3). [Amd. Ord. 70-04 1141051; [Amd. Ord. 37-01 7110101]
(15) Drive-in or drive-through restaurants on property located within the West
Atlantic Neighborhood. [Amd. Ord. 70-04 1141051; [Amd. Ord. G4-04 11116104]
(16) Hotels, motels, and residential-type inns on property located within the
West Atlantic Neighborhood. [Amd. Ord. 11-10 7120110]; [Amd. Ord. 70-04 1141051;
[Amd. Ord. 64-04 11116104]
(17) Free standing or mixed-use residential development, including residential
licensed service provider facilities and assisted living facilities at a density greater than
twelve (12) units per acre, but not exceeding 30 units per acre, on property located
within the West Atlantic Neighborhood, subject to the standards and limitations of
Section 4.4.43(D. [Amd. Ord. 47-11 113112]; [Amd. Ord. 10-11 415111]; [Amd. Ord.
27-07 8121107]; [Aired. Ord. 70-04 114105], [Amd. Ord. 64-04 1111 G104]
(18) Bed and Breakfast Inns within the West Atlantic Neighborhood, subject to
the provisions of LDR Section 4.3.3(Y) [Amd. Ord. 11-10 7120110]
(19) LivelWork Unit, subject to Section 4.33 (KKK). [Amd. Ord. 23-10 10151101
(20) Large Family Child Care Home subject to Section 4.3.3(TT). [Amd. Ord.
25-10 10119/10]
(21) Segway Tours and Segway Sales pursuant to restrictions set forth in
Section 4.3.3(ZZZZ). [Amd. Ord. 04-11 415111]
(E) Review and Approval Process:
(1) In established structures, uses shall be allowed therein upon application to,
and approval by, the Chief Building Official for an occupational license.
(2) For any new development, approval must be granted by the Site Plan
Review and Appearance Board (SPRAB) pursuant to Sections 2.4.5(F), 2.4.5(H), and
2.4.5(1), unless the property is located within a designated historic district or is
individually designated. [Amd. Ord. 01-12 8121112]
(3) Conditional uses must be approved pursuant to the provisions of Section
2.4.5(E).
(4) Applications for conditional use approval pursuant to Section 4.4.13(1) must
include, in addition to the standard application items of 2.4.3(A), a site and development
plan (including landscaping, elevations, and floor plans) that are of sufficient detail to
determine that the applicable performance standards are being met, Final approval of
the detailed site plan is by the Site Plan Review and Appearance Board, [Amd. Ord.
8-98 2131981
4.4 -64
SECTION 4.4.13 (E) (a)
(5) The process for modification of a conditional use and site plan approved
pursuant to Section 4.4.13 (I) is as follows: [Amd. Ord. 8-98 213198]
(a) Modifications to any aspect of the plan that was a basis for determining
compliance with the applicable performance standards shall be
processed as a modification to the conditional use approval. [Amd.
Ord. 8-98 213198]
(b) Modifications to the plan that do not affect the application. of the
performance standards may be processed as a site plan modification.
[Amd. Ord. B-98 2131981
(6) All development applications which are processed through either the
Planning and Zoning Board, SPRAB, or HPB shall be referred to the Downtown
Development Authority and the Community Redevelopment Agency prior to action by
the approving body. [Amd. Ord. 01-12 8121112]; [Amd. Ord. 8-98 213198]
(7) Any development of properties located within a Historic District or
Individually Designated Sites as listed on the Local Register of Historic Places in
Section 4.5.1(1) is subject to review by the Historic Preservation Board, pursuant to
Section 2.2.6(D). [Amd. Ord. 01-12 5121112]
(F) Development Standards: The development standards set forth in Section
4.3.4 shall apply, except as modified below. In case of conflict with other applicable
development regulations, this Section shall apply: [Amd. Ord. 24-95 5116195]
(1) Heigh t: The CBD is a geographic area in which exceptions to height
regulations are allowed pursuant to Section 4.3.4(J). [Amd. Ord. 21-04 514[04]
(a) Overall Height of buildings shall be a minimum of twenty-five feet (25')
and a maximum of forty-eight feet (48') in height. Exceptions to the
height limitations shall comply with Section 4.3.4(J)(3) and (4). For the
purposes of this section, height is defined as the vertical distance from
grade to the highest finished roof surface of a flat roof, or the soffit
above the last habitable floor of a gable, hip or gambrel roof. Amd.
Ord. 6-07 315107]
(b) Arcade Height shall be a minimum ten feet (10'), measured from
finished arcade floor to finished arcade ceiling.
4.4-65
SECTION 4.4.13 (F) (1) (c)
(c) Floor Height shall be a minimum of ten feet (10') for ground floors and
a minimum height of nine feet (9') for ali other floors. HotellMotel and
all suite lodging shall have a minimum floor height of eight feet six
inches (86") for all floors, provided that the lobby and all public rooms
shall have a minimum floor height of ten feet (110). All heights shall be
measured from finished floor to finished ceiling. Auxiliary and service
rooms, such as, garages, restrooms, closets, laundry rooms, dressing
rooms, storage rooms, mechanical, electrical, and plumbing equipment
rooms are exempted from the floor height regulations. Amd. Ord. 6-07
3/5107]
NOTE,[D�MPTIONS TO 25 FT.Ng N,
HMOHT ARE PROIAUED 48 FT. BUILE)MIG
IN A20VC.
it
77
-----------
9 FT,MIN,
10 FT_
MIN.
i.
Figure 4.4.13-4—Building Height Requirements [Amd.Ord.6-07V6107]
(2) Open Space. A minimum of 10% non-vehicular open space shall be
provided, except as follows: [Amd. Ord, 01-12 8121112]; [Amd. Ord. 22-99 7120199];
[Amd. Ord. 24-95 5116195]
(a) There shall be no minimum open space requirement within the area
encompassed by the boundaries of the original Downtown
Development Authority as described in Section 8.2.20)- within the
Pineapple Grove Main Street area; or east of the Intracoastal
Waterway. [Amd. Ord. 01-12 8121112]
(b) The body acting upon a development application for a property within
the CBD may require that open areas, including but not limited to
courtyards, plazas, and landscaped setbacks, be provided in order to
add interest and provide relief from the building mass, [Amd. Ord. 01-
12 8121112]
4.4-66
i
SECTION 4.4.13 (F) (3)
(3) Building, Frontage: [Amd. Ord. 6-07 315107]; [Amd. Ord. 64-04
11116104]; [Amd. Ord. 21-04 514104]
(a)' The building frontage for an interior lot is the portion of the lot abutting
the primary street minus the minimum required side setbacks.
(b) The building frontage for the primary street side of a corner lot is the
portion of the lot abutting the primary street minus the minimum
required side setbacks.
(c) The building frontage for the secondary street side of a corner lot is the
portion of the lot abutting the secondary street minus the minimum
required front and rear setbacks.
(d) Frontage and setbacks shall be taken from the property line, or if a
dedication is required, from the resulting property line after dedication.
I.W
W ,
-z
�o
PRIMARY �L PRIMARY
STREET Q ¢0 STREET
BUILDING z o BUILDING
FRONTAGE U FRONTAGE
vU=0
cn m
R.a.W, R.O.W. R.O.W.
Figure 4.4.13-5—Building Frontage
(4) Front Setbacks: [Amd. Ord. 6-07 3151071
(a) The following minimum front setbacks shall apply in all districts:
1. For buildings with residential uses on ground floor: ten feet(10').
2. For buildings with nonresidential uses on the ground floor: five feet
3. For arcaded buildings fronting on A-f-A or on Atlantic Avenue within
the West Atlantic and Beach Area districts: zero feet (0')
4.4 -67
SECTION 4.4.13 (F) (4) (b)
(b) In addition to Section 4.4.13(F)(4)(a) above, for buildings fronting on A-
1-A, Atlantic Avenue in the West Atlantic Neighborhood and Beach
Districts, and on NE and SE 5th and NE and SE 6th Avenues:
1. LOWER LEVELS - Ground floor to thirty-seven feet (37'): A
minimum of seventy percent (70%) and a maximum of ninety percent
(90%) of the building frontage shall be set back no greater than ten
feet (10') from the property line. The remaining length of the building
shall be setback a minimum of fifteen feet (15) from the property
line.
2. UPPER LEVELS - above thirty-seven feet (37') to forty-eight feet
(48'): At least seventy percent (70%) of the frontage shall be set back
a minimum of fifteen feet (15') from the property line. The remaining
length of the building shall comply with the minimum required
setbacks. The floor area for each floor contained within the portion of
the structure that is thirty-seven feet (37') to forty-eight feet (48') in
height shall not exceed seventy percent (70%) of the floor area
contained within the allowable ground level footprint.
i
(c) In addition to Section 4.4.13(F)(4)(a), above, for buildings fronting on
other rights-of-way in the CBD:
1. LOWER LEVELS - Ground floor to twenty-five feet(25'): A minimum
of seventy percent (70%) and a maximum of ninety percent (90%) of
the building frontage shall be set back no greater than ten feet (10')
from the property line. The remaining length of the building shall be
set back a minimum of fifteen feet (15') from the property line.
2. UPPER LEVELS - above twenty-five feet (25) to forty-eight feet
(48'): At least seventy percent (70%) of the frontage shall be set back
a minimum of fifteen feet (15') from the property line. The remaining
length of the building shall comply with the minimum required
setbacks. The floor area for each floor contained within the portion of
the structure that is twenty-five feet (25') to forty-eight feet (48') in
height shall not exceed seventy percent (70%) of the floor area
contained within the allowable ground level footprint.
4.4 -68
SECTION 4.4.13 (F) (4) (d)
(d) In addition to Section 4.4.13(F)(4)(a), above, where allowed:
1. UPPER LEVELS — above forty-eight feet (48'): At least ninety
percent (90%) of the frontage shall be set back a minimum of thirty
feet (30') from the property line. The remaining length of the building
shall comply with the minimum required setbacks. The floor area for
each floor contained within the portion of the structure that exceeds
forty-eight feet (48') in height shall not exceed fifty percent (50%) of
the floor area contained within the allowable ground level footprint.
(e) Exceptions:
1. Three (3) story town homes having residential uses on all three
levels are not required to comply with upper level frontage and floor
area requirements. Ground floor frontage and setback requirements
shall apply. Each story shall not exceed twelve feet (12') in height_
2. Modifications to the frontage requirements may be permitted to
accommodate stair towers, elevator shafts, life and safety elements,
other non-habitable elements of the structure, sight visibility triangles,
vehicular access ways, and utilities. In all cases the modification
shall be the minimum required to accommodate the necessary
feature.
3. Lots of record with a width of fifty feet (50') or less shall be exempted
from the building frontage requirements provided a minimum five foot
(5') to maximum ten foot (10') setback is provided for the portion of
the building from finished grade to twenty-five feet (25') in height and
a minimum fifteen foot (15') setback is provided above a height of
twenty-five feet (25') and above forty-eight feet (48') a thirty foot (30')
minimum setback from the property line shall apply.
4. Modifications to the frontage requirements may be granted by the
Site Plan Review and Appearance board or the Historic Preservation
Board in order to accommodate plazas that connect the building to
the sidewalk and promote social interaction by offering one or more
of the following: public seating areas, sidewalk cafes, sculptures or
other artwork for public display, and similar features.
5. Parking garages, subject to minimum front and street side setbacks
of ten feet (10'), and a minimum setback of five feet (5') from any
alley right of way. Parking garages must comply with the
requirements of Section 4.6.18(B)(14)(vi)(4).
4.4 -69
...... ... ....
SECTION 4.4.13 (F) (4) 6.
6. Modifications to the frontage requirements may be granted by the
Site Plan Review and Appearance Board or the Historic Preservation
Board in order to accommodate civic buildings such as libraries,
cultural facilities, municipal buildings, etc.
(f) Supplemental:
1. The front setback area shall be finished with paving materials to
match the existing or planned sidewalks within the adjacent right-of-
way,
2. Building and site design shall incorporate Crime Prevention Through
Environmental Design (CPTED) standards to the greatest extent
possible.
I Arcades shall have a minimum width of ten feet (10'), inclusive of
columns or pilasters up to a maximum width of two feet (2'),
(5) Side Interior Setbacks for all buildings shall be as follows: [Amd. Ord 21-
04 5/4/04]
(a) Zero feet (0') from the property line if there is vehicular access available
to the rear of any structure, or
(b) Ten feet (10') from the property line where no vehicular access is
available to the rear of any structure. For a side interior lot, a ten foot
(110') setback is required only on one (1) side.
(c) Buildings shall also comply with Section 4.6.4(A), as applicable. [Amd.
Ord. B-07 315107]
(6) Side Street Building Frontage and Setbacks [Amd. Ord. 64-04
11116104; [Amd. Ord. 21-04 514104]
(a) Side street setbacks shall be taken from the property line, or if a
dedication is required, from the resulting property line after dedication.
(b) Side street building frontage and setbacks shall comply with the
applicable requirements in Section 4.4.13(F)(4). [Amd, Ord. 6-07
3/5107]
(c) Corner lots may continue primary frontage setbacks for a distance of
sixty feet (60') from the front property line or if a dedication is required
from the resulting property line after dedication. [Amd. Ord. 6-07
315107]
4.4 -70
SECTION 4.4.13 (F) (6) (c)
SAME DEVELOPMENT
STANDARDS MAY APPLY
TO FIRST 60 FT,
i�
O ; 60 FT.
LJJ
PRIMARY R.0,W.
Figure 4.4.13-6—Corner lots [Amd.Ord.6-07 315107]
(7) Rear Setbacks [Amd. Ord. 6-07 3/5107]
(a) All building floors shall be a minimum of ten feet (10') from the property
line.
(b) Buildings shall also comply with Section 4.6.4(A), as applicable,
(8) Structures Allowed Within Setback [Amd. Ord. 21-04 514/04]
(a) Balconies may encroach a maximum of four feet (4') into the setbacks.
(b) Loggias and Trellises above the ground floor are allowed to encroach
into the setbacks provided they do not exceed the required building
setback of the portion of the floor directly below it.
(c) Roof Eaves may encroach into the setbacks a maximum of four feet
(4').
4.4 - 71
SECTION 4.4.13 (1`) (8)
ROOF EAVES MAX.4 FT,
OPEN TRELLISES AND
LOGGIAS
BALCONIES 4 FT.MAX,
3
PROPERTY LINE
Figure 4,4.13-7—Encroachments
(9) Historic Districts, Sites, and Buildings: In addition to the above,
properties located within a Historic District or Individually Designated Sites, as listed on
the Local Register of Historic Places in Section 4.5.1(I), are subject to the provisions of
Section 4.5.1. [Amd. Ord. 01-12 8121112]
i
(G) Supplemental District Regulations: In addition to the supplemental district
regulations as set forth in Article 4.6, except as modified below, the following shall also
apply.
(1) Central Core and Beach Area supplemental Regulations: [Amd. Ord.
64-04 11116104]
(a) Within that portion of the CBD bounded by Swinton Avenue on the
west, N.E. 2nd Street on the north, the Intracoastal Waterway on the
east and S.E_ 2nd Street on the south, the parking requirements for all
non-residential uses, except restaurants, hotels and motels, business
and professional offices, and call centers, shall be one space for each
300 square feet of gross floor area or fraction thereof. The parking
required for the creation of new floor area, shall also include the
replacement of any previously required parking which may be
eliminated. Within all other geographic areas of the Central Core and
Beach Area within the CBD Zone District, the provisions of Section
4.6.9(C) shall apply, as further modified within this Subsection (G)(1).
[Amd. Ord.08-13 4116113]; [Amd.Ord.01-09 11201091; [Arad.Ord.35-07 9!18107];
[Amd. Ord. 64-04 111161041; [Amd. Ord. 61-01 1181021; [Amd. Ord. 4-01 216101];
[Amd.Ord.63-93 11!231931
4.4 -72
SECTION 4,4.13 (0) (1) (b)
(b) When the parking requirements are applied to either new development,
expansion of an existing use or a change in use, which results in the
requirement of only one new parking space, a one space exemption
shall be allowed. This exemption may only occur once per property.
[Amd. Ord. 6-01 2/20101]; [Amd. Ord. 6393 11123193]
(c) If the required parking is not or cannot be provided on-site or off-site,
the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied.
[Amd. Ord. 21-11 8121111; [Amd. Ord. 63-93 11123193] E
(d) For all property located from Swinton Avenue on the west to NE/SE 5th
Avenue to the east, between Atlantic Avenue and the east-west alleys
on the north and south sides of Atlantic Avenue, as shown on the Town
of Linton Plat (P,B. 1 , P.G. 3), the parking requirement for restaurants
is established at 12 spaces per 1,000 square feet of gross floor area up
to 6,000 sq. ft, and then 15 spaces per 1,000 sq. ft. of gross floor area
over the initial 6,000 sq. ft., with the exception of Old School Square.
The parking requirement for restaurants in the balance of the Central
Core and Beach Area is established at six (6) spaces per 1,000 sq. ft.
of gross floor area. [Amd. Ord. 29-11 9120111]; [Amd. Ord. 01-09
1120109]; [Amd. Ord. 63-93 11123133]
(e) The parking requirement for hotels and motels within that portion of the
CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the
north, the Intracoastal Waterway on the east and S.E_ 2nd Street on
the south 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 12 spaces per 1,000 square feet of gross floor
area up to 6,000 sq. ft. and then 15 spaces per 1,000 sq. ft. of gross
floor area over the initial 6,000 sq. ft., for restaurants and lounges
within a hotel or motel on property located from Swinton Avenue on the
west to NEISE 5th Avenue to the east, between Atlantic Avenue and
the east-west alleys on the north and south sides of Atlantic Avenue, as
shown on the Town of Linton Plat (P.B. 1, P.G. 3). In the balance of the
Central Core and Beach Area, the minimum parking requirement is six
(6) spaces per 1,000 sq. ft. of gross floor area devoted to restaurants
and lounges within the hotel or motei. [Amd. Ord. 29-11 9120111];
[Amd. Ord. 01-09 1120/09]; [Amd. Ord. 35-07 9118/07]
4.4 - 73
SECTION 4.4.13 (G) (1) (f)
(f) The parking requirements for residential units in multi-family structures
and mixed-use buildings shall be as follows: [Amd. Ord. 37-99
10119199]
a Efficiency dwelling unit 1.0 space/unit
a One bedroom dwelling unit 1.25 spaces/unit
0 Two or mare bedroom dwelling unit 1.75 spaceslunit
0 Guest parking shall be provided cumulatively as follows:
for the first 20 units 0.50 soacesfunit
for units 21-50 D.30 spaceslunit
for units 51 and above 020 spaceslunit
(g) Within Townhouse and Townhouse type developments, parking may
be provided in front of garage units provided that such parking does not
result in the space for one unit impeding access to a space of the other
unit. [Amd. Ord. 01-12 8121112]; [Amd. Ord. 37-01 7110101
(h) Location of Guest Parking Spa Guest parking spaces must be
accessible to all visitors and guests and may be centralized or located
near recreational features within a development project. JAmd. Ord.
01-12 8121112]; [Amd.Ord. 6-03 5120103]
(i) The parking requirement for business and professional offices within
the following portions of the CBD is established at one (1) space per
300 sq. ft. of net floor area. [Amd. Ord. 01-12 8121112]; [Amd. Ord.
01-09 1120/09]; [Amd. Ord. 07-09 313109]
1. The portion of the CBD bounded by Swinton Avenue on the west,
N.E. 2nd Street on the north, the Intracoastal Waterway on the east
and S.E. 2nd Street on the south; [Amd. Ord. 07-09 313109]
Z The portion of the CBD bounded by N.E. 5th Avenue on the west,
N.E. 6th Avenue on the east, N.E. 2nd Street on the south and
George Bush Blvd. on the north; and [Amd. Ord. 07-09 313109]
3. The portion of the CBD bounded by S.E. 5th Avenue on the west,
S.E. 6th Avenue on the east, S.E. 2nd Street on the north and S.E.
4th Street on the south. [Amd. Ord. 07-09 313109]
4.4 -74
SECTION 4.4.13 (G) (2)
(2) West Atlantic Neighborhood Supplemental District Regulations: The
following supplemental district regulations apply in the West Atlantic Avenue Overlay
District as defined in Section 4.5,6(B): [Amd. Ord. 64-04 11f16104]
(a) 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).
(b) There is no restriction on repair and/or reconstruction of non
conforming single family residences located a minimum of 150 feet
from Atlantic Avenue.
(c) 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, and business and professional offices. Parking
spaces for residential uses are required at the rates established in
Section 4.6.9(C)(2). [Amd. Ord. 01-09 1/20/091
(d) 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 1,040 sq. ft. of floor area devoted to restaurants and
lounges within the hotel or motel.
(e) If the required parking is not or cannot be provided on-site or off-site,
the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied_
[Amd. Ord. 21-11 812M]
(f) 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.
(g) The parking requirement for business and professional offices is
established at one (1) space per 300 sq. ft. of net floor area. [Amd.
Ord. 01-09 1120109]
(3) Historic Districts, Sites, and Properties located within a
Historic District or Individually Designated Sites, as listed on the Local Register of
Historic Places in Section 4.5.1(1), shall comply with the Visual Compatibility Standards
of Section 4.5.1(E)(8). [Amd. Ord. 01-12 8121112]
4.4 -75
SECTION 4.4.13 (H)
(H) Special Regulations;
(1) Office uses including financial institutions (e.g. banks, savings and loans,
credit unions, and mortgage offices) shall not be allowed on the ground floor within
businesses which have an entry from and/or windows along and/or frontage on Atlantic
Avenue in the Central Core Area or the Beach Area. Office uses shall be allowed up to
50% of the ground floor as a permitted use within businesses which have an entry from
and/or windows along and/or frontage on Atlantic Avenue in the West Atlantic Area and
as a Conditional Use if greater than 50%. Office uses are allowed on floors other than
the ground floor along Atlantic Avenue and on all floors elsewhere in the CBD district.
This regulation shall not apply to existing buildings in the Central Core Area or the
Beach Area that have 80% or more of their frontage at a setback of 25 feet or greater_
[Amd. Ord. 21-07 61191071; [Amd. Ord. 45-06 91191061
(2) The sale of second hand material, other than verifiable antiques, shall not
be allowed within businesses nor on properties which have an entry from and/or
windows along and/or frontage on Atlantic Avenue or N.E. 2"d Avenue (a/kla Pineapple
Grove Way) between East Atlantic Avenue and N.E. 4th Street. [Amd. Ord. 45-06
91191061; [Amd. Ord. 64-04 11116104); [Amd. Ord. 22-99 7120199]; [Amd. Ord. 14-98
31171981; [Amd. Ord. 58-90 12111190]
(3) The sale of automotive parts, firearms, and lawn care equipment, shall not
be allowed within the West Atlantic Neighborhood nor within businesses or on
properties which have an entry from and/or windows along anchor frontage on East
Atlantic Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way) between East Atlantic
Avenue and N.E. 4th Street. [Amd. Ord.45-06 9119/06]; [Amd. Ord. 64-04 11116104]
(4) The picking-up, dropping-off, or otherwise transporting workers, assigned
through an employment agency, from an assembly point in the CBD to the work site is
prohibited, except within the West Atlantic Neighborhood area provided the structure
involved does not have an entrance from and/or windows facing West Atlantic Avenue.
[Amd. Ord. 45.06 9119106]; [Amd. Ord. 64-04 11/16/041
(5) Within the West Atlantic Neighborhood, all permitted uses with drive-
through facilities shall require conditional use approval. [Arad. Ord. 45-06 9119106];
[Amd. Ord. 64-04 11116104]
(6) Minimum floor area for multi-family residential dwelling units shall be as
established for the Medium Density Residential (RM) zoning district in Section 4.3.4(x), i
[Amd. Ord. 45-06 9119106]; [Amd. Ord. 8-98 213198]; [Amd. Ord. 80-95 1215195]
(7) Multi-family dwelling units may be located in structures that are comprised
of residential units only or in mixed-use buildings that contain a combination of
residential and non-residential uses. However, where residential uses are located in
structures having frontage on Atlantic Avenue, NW/SW 5th Avenue or N.E. 2"d Avenue
(afkla Pineapple Grove Way), there must be nonresidential uses fronting the Avenue on
the ground floor. In lieu of providing non-residential uses fronting the west side of N.E.
2"d Avenue between N.E. 3rd Street and N.E. 4th Street (hereinafter referred to as the
4.4 -76
SECTION 4.4.13 (H) (7)
exception area), the developer may elect to provide a building and property fronting on
N.E. 2"d Avenue at the intersection of N.E. P Street and N.E. 2r'd Avenue which shall
be conveyed to the City for Community Facility purposes and dedicate an area for Open
Space in the northeast corner at the intersection of N.E. 2"d Avenue and N.E. 0 Street.
The purpose of the alternative is to encourage pedestrian travel, promotion of the Arts,
the provision of needed Open Space, encouraging public art and to provide space for
an entry way feature, all of which is in keeping with the vision for Pineapple Grove. If
the developer chooses the alternative in the exception area instead of providing non-
residential uses, he must submit a developer's agreement containing terms acceptable
to the City at the time of application of a building permit [Amd. Ord. 47-06 10103106];
[Amd. Ord. 45-06 9119106]; [Amd. Ord. 64-04 11/16104]; [Amd. Ord. 22-99 71201991;
[Amd. Ord. B-98 213198]; [Amd. Ord. 80-95 1216196]
(8) The rental of sporting goods and equipment shall be limited to no more
than one business renting a specific category of item (i.e. bicycles, skates, etc.) every
300 feet measured in a straight line from door to door, and any outdoor displays are
subject to the restrictions set forth in Section 4.6.6(C)(3). [Amd. Ord. 45-06 9119106];
[Amd. Ord. 15-98 4121198]
(9) 24-Hour or late night businesses as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV). [Amd. Ord. 45-
06 9119106]; [Amd; Ord. 41-01 U7101]
DELETED SUBPARAGRAPHS 4A,13(H) (3)AND(4)IN THEIR ENTIRETY. [Amd.Ord.33-95 6120195]
(2) Performance Standards These standards shall apply to all applications for
new development and modification of existing developments which would result in a
density greater than thirty (30) dwelling units per acre in the Commercial Core or twelve
(12) units per acre in the West Atlantic Neighborhood. [Amd. Ord. 64-04 11116104];
[Amd. Ord. B-98 213198]
(1) The maximum permissible density of a particular project will be established
through the conditional use process, based upon the degree to which the development
complies with the performance standards of this section, the required findings of
Section 2.4.5(E), and other applicable standards of the Comprehensive Plan and Land
Development Regulations. Notwithstanding the above, 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. All eligible developments to use these performance standards shall
provide twenty percent (20%) of the residential units above thirty (30) dwelling units per
acre in the Commercial Core or twelve (12) units per acre in the Vilest Atlantic
Neighborhood as Workforce Housing units (fractions shal[ be rounded up). The
workforce housing units shall be divided between low and moderate income levels and
shall comply with other applicable provisions of Article 4.7. The units shall be provided
either offsite, offsite or through a monetary contribution or as noted in LDR Section
4.7.2 c. [Amd. Ord. 52-08 11118108]; [Amd, Ord. 19-06 414106]; [Amd. Ord, 54-01
11120101]; [Amd. Ord, 8-98 213198]
4.4 -77
SECTION 4.4.13 (I) (2)
(2) In addition to the standards and requirements set forth in subsection
4.4.13(1)(1), above, the applicable performance standards for development exceeding
twelve (12) units per acre within the Vilest Atlantic Neighborhood or thirty (30) units per
acre within the Central Core are as follows: [Amd. Ord. 19-06 414106]; [Amd. Ord. 64-
04 11116104]; [Amd. Ord. 8-98 213198]
(a) The development offers variation in design to add interest to the
elevations and relief from the building mass. 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. [Amd. Ord.
21-04 514104]; [Amd. Ord. 8-98 213198]
(b) 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 and color, vertical and horizontal elements, and
architectural style. Development of a 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. [Amd. Ord. 21-04 514104]; [Amd. Ord, 8-98 213198]
(c) A number of different unit types, sizes and floor plans are available
within the development. Two and three bedroom units are encouraged,
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. [Amd. Ord. 8-98 2131981
(d) The project design shall create an overall unified architectural character
and image by the use of common elements between the building(s),
parking lot, and landscaping. Examples of some features that could be
incorporated to meet this standard are: freestanding light poles and
exterior light fixtures that are decorative and consistent with the
architectural treatment of the building(s); pedestrian amenities such as
benches, shaded walkways, and decorative pavement treatment, that
are similar in forms, colors, materials, or details as the architecture of
the building(s); focal points such as public art, water featurelfountain,
courtyard or public plazas designed to connect different uses along a
continuous pedestrian walkway; or a combination of similar features
that meet the intent of this standard. [Amd. Ord. 21-04 514104]; [Amd.
Ord. 8-98 2131981
4.4 -78
SECTION 4.4.13 (1) (2) (e)
(e) 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. [Amd. Ord. B-08 213198]
(f) 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 in the
downtown area (i.e., installation of landscape nodes, extension of
existing paver block system, installation of approved street lighting,
etc.). [Amd. Ord. 8-98 213198]
(g) 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. [Amd. Ord. 8-98 213198]
(h) Projects fronting on Atlantic Avenue, NWISW Stn Avenue, N.E. 1st
Street, or S.E. 1st Street contain nonresidential uses on the ground
floor. At least seventy-five percent (75%) 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. [Amd. Ord. 64-04 11116104]; [Amd. Ord. 21-04 5[4104];
[Amd. Ord. 8-98 2131981
(i) The landscape plan for the development preserves and incorporates
existing native vegetation (where available), provides new landscaping
that is in excess of minimum standards (in height and quantity),
demonstrates innovative use of plant material, improves site design,
provides useable open space or public plazas, and maximizes available
areas for pedestrian interaction. If necessary to achieve this standard,
the project may exceed the maximum setback area on the ground floor.
[Amd. Ord. 21-04 514104]
(3) It is acknowledged that it may not be possible for projects which involve the
modification of existing structures to comply with many of the above referenced
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 central business district (i.e.,
adaptive reuse of older structures and the provision of housing in close proximity to
employment opportunities and services). [Amd. Ord. 8-98 213198]
4.4 -79
Blake, Valerie
From: Maloney, Susan
Sent: Wed nesday,luly 02, 2014 4:29 PM
To: Blake, Valerie
Subject: FW: My email
FYI
Thatik you.
Susan -1aConey
Adrn2inistrative Assista72t
City of DeCray BeachlCity CCerk`s office
5611243-7052 (telephone)
5611243-3774 (fax)
IlUlConeVCci%inydeCi-a-yGeach.coin
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local
officials, employees, or the general public regarding city business are public records available to the public and media
upon request.Your e-mail communications may therefore be subject to public disclosure.Thank you.
From: Pyburn, Terrill
Sent: Monday, June 02, 2014 11:48 AM
To: Maloney, Susan
Subject: RE: My email
Sue,
I would suggest that we stick with the original advertising dates and simply postpone to a date certain at both meetings.
Thank you.
Terrill
Terrill Pybum,
Florida Bar Board Certified City,
County and Local Government Attorney
Interim City Attorney
200 NW 1 st Avenue
Delray Beach, FL 33444
(561) 243-7090
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or
from local officials, employees, or the general public regarding city business are public records available to
the public and media upon request. Your e-mail communications may therefore be subject to public
disclosure.
1
From: Maloney, Susan
Sent: Monday, June 02, 2014 10:25 AM
To: Pyburn,Terrill
Subject: RE; My email
Hi Terrill (FYI),
If the Commission moves to postpone Ordinance No. 09-14 tomorrow night then the First Reading/First Public
Hearing will be on June 17, 2014 and the Second Reading/Second Public Hearing will be held on July 1,
2014. With these LDR Text Amendments we normally advertise at least seven(7) days prior to the First
Reading/First Public Hearing and at least five (5) days prior to the Second Reading/Second Public Hearing.
• We have time to cancel the second publication date of Wednesday, June 11, 2014 (see original
advertisement attached)
• Don't we have to advertise a revised advertisement at least five (5) days prior to the Second
Reading/Second Public Hearing which would be approximately Wednesday, June 25, 2014 (we allow an
extra day in the event the newspaper makes an error)
Please advise.
Thank you.
Susan _'MaConey
Administrative Assistant
City of Defray Beach/City CCerk's Office
5611243-7052 (teCepfone)
.56-11243-3774 (fax)
ina,Cone3t6i�rnUd I.. ayheach.corn
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local
officials,employees,or the general public regarding city business are public records available to the public and media
upon request.Your e-mail communications may therefore be subject to public disclosure.Thank you.
From: Pyburn, Terrill
Sent: Friday, May 30, 2014 5:50 PM
To: Maloney, Susan
Subject: RE: My email
Sue,
If they already went out, no change is necessary. If you can make changes, great, but if it already went out listing both
original dates, then let's not change it now. We can simply postpone it at the meeting to a date certain as mentioned
earlier.
Thanks.
Terrill
Terrill Pyburn,
Florida Bar Board Certified City,
County and Local Government Attorney
Interim City Attorney
200 NW Ist Avenue
Delray Beach, FL 33444
2
(561) 243-7090
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or
from local officials, employees, or the general public regarding city business are public records available to
the public and media upon request. Your e-mail communications may therefore be subject to public
disclosure.
From: Maloney, Susan
Sent: Friday, May 30, 2014 5:26 PM
To: Pyburn,Terrill; Alvarez, Amy; Nubin, Chevelle
Cc: McDonnell, Mark; Ashlee Vargo (acoosaia@zonelaw.com); Allen, Jasmin; Blake, Valerie
Subject: RE: My email
Hi Terrill,
• Do 1 need to cancel the 2"d publication date(Wednesday, June 11, 2014)?
• Do I need to make any changes to the dates in the body of the advertisement?
Thanks!
71hank yrn t.
Susan _'-MaConey
Administrative Assistant
City of Defray Beach/City Clerk's Office
5611243-7052 (telephone)
5611243-3774 (ra)')
inaCoize yCg)iiaycfeCi-ati f7eac_h.coali
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local
officials, employees, or the general public regarding city business are public records available to the public and media
upon request.Your e-mail communications may therefore be subject to public disclosure.Thank you.
From: Pyburn, Terrill
Sent: Friday, May 30, 2014 5:15 PM
To: Maloney, Susan; Alvarez, Amy; Nubin, Chevelle
Cc: McDonnell, Mark; Ashlee Vargo (acoosaia(a)zonelaw.com); Allen, Jasmin; Blake, Valerie
Subject: RE: My email
We will state at the meeting that the item is being postponed to a time certain of June 17th for first reading and July 1St
for second reading.
Terrill Pyburn,
Florida Bar Board Certified City,
County and Local Government Attorney
Interim City Attorney
200 NW 1 st Avenue
Delray Beach, FL 33444
3
(561) 243-7090
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or
from local officials, employees, or the general public regarding city business are public records available to
the public and media upon request. Your e-mail communications may therefore be subject to public
disclosure.
From: Maloney, Susan
Sent: Friday, May 30, 2014 5:02 PM
To: Alvarez, Amy; Nubin, Chevelle
Cc: Pyburn,Terrill; McDonnell, Mark; Ashlee Vargo (acoosaia@zonelaw.com); Allen, Jasmin; Blake, Valerie
Subject: RE: My email
Importance: High
FYI:
In my previous email I meant to state that in the advertisement the:
• First Reading/First Public Hearing was advertised for Tuesday, June 3, 2014 and
• Second Reading/Second Public Hearing was advertised for Tuesday, June 17, 2014
?hank you.
Susan NaConey
Administrative Assistant
City of Defray Beach/City Clerk's Office
5611243-7052 (teEep(one)
5611243-3774 (fax)
,111.aloneU(�Pii,Ly Ceti-aybeach..co}n
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local
officials,employees,or the general public regarding city business are public records available to the public and media
upon request.Your e-mail communications may therefore be subject to public disclosure.Thank you.
From: Maloney, Susan
Sent: Friday, May 30, 2014 4;56 PM
To: Alvarez, Amy; Nubin, Chevelle
Cc: Pyburn, Terrill; McDonnell, Mark; Ashlee Vargo (acoosaia(azonelaw.com); Allen, Jasmin; Blake, Valerie
Subject: RE: My email
Importance: High
Just an FYI:
Since Ordinance No. 09-14 was previously scheduled to be a First Reading/First Public Hearing on June 3,
2014 and a Second Reading/Second Public Hearing the attached display ad for Ordinance No. 09-14 was
already published on Friday, May 23, 2014 (to meet legal requirements) and was also due to be published on
Wednesday, June 11, 2014.
4
The cost of the advertisement that printed on Friday, May 23, 2014 is $700.00. 1s the applicant going to pay for
this advertisement?
thank you.
Susan _MaConey
.administrative Assistant
City of Defray Beach/City CLerk's Office
5611243-7052 (telephone)
5611243-3774 (fax)
niaConey@m�jdeCraybeach.c_ong.
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local
officials, employees, or the general public regarding city business are public records available to the public and media
upon request.Your e-mail communications may therefore be subject to public disclosure.Thank you.
From: Alvarez, Amy
Sent: Friday, May 30, 2014 4:40 PM
To: Nubin, Chevelle
Cc: Pyburn, Terrill; McDonnell, Mark; Ashlee Vargo (acoosaiaO)zonelaw,com); Allen, Jasmin; Blake, Valerie; Maloney,
Susan
Subject: FW: My email
Chevelle,
The First Reading/Public Ifearing for Ordinance 09-14 is to be postponed to a date certain of June 17, 2014. On the
previously noticed 2nd Reading far of the subject Ordinance for June.1711,, this item,will also need to be postponed to a date
certain of July 1.1, but not until the June 171h meeting when it was originally scheduled to be heard.
VfM_J'C e. C4� z
Historic reservation danger/Senior danger_Cit�of Delra�geac}
loo NW lstAvenue,Delray F)eack,Floricla 33444—561.243.7284
tDelra,q F)eack:A rrel5erve America Communit[q
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials,
employees, or the general public regarding city business are public records available to the public and media upon request. Your e-
mail communications may therefore be subject to public disclosure.
From: Alvarez, Amy
Sent: Friday, May 30, 2014 4:32 PM
To: Pyburn,Terrill
Subject: RE: My email
Yes, he is the client.
OTi>W Ar. Vf&' ulzcz
Historic Preservation Planner/Senior Planner--City of Delray F)eack
100 NW 1st Avenue,Delray F)eack,PloriJa 55+1-4 561.243.7284
5
. A Amcric itq
PUBLIC RECORDS NOTE Florida has o very broad public records law. Most written communications to or from local officials,
employees, or the general public regarding city business are public records available to the public and media upon request. Your e-
mail communications may therefore be subject to public disclosure.
����_._......������� ����������������������� ��
From: Pyburn, TerriU
Sent: Friday, May 30, 2014 4:26 PM
To: Alvarez, Amy
Subject: RE: My email
If this is the client/applicant (Steve Michaels),then it is ok to postpone. If not the client/applicant,then not ok.
TerriUPyburn.
Florida Bar Board Certified City,
County and Local Government Attorney
Interim City Attorney
2OONVV1stAvenue
Delray Beach, FL33444
(561) 243-7090
PUBLIC RECORDS NOTE; Florida has very broad public records law. Most written communications to or
from local officials, employees, or the general public regarding city business are public records available to
the public and media upon request. Your e-mail communications may therefore be subject to public
disclosure.
....... _-----
_____________________ _________________________________________________________
From: Alvarez, Amy
Sent: Friday, May 3O, 2O143:S5PM
To: Nubin, CheveUe
Cc: McDonnell, Mark; Pvbum, Terr|U
Smbjemt: FVV: My email
Chevelle,
I haven't been able to get A shlee back on the phone to confirm.postponement. However, I had Carolyn Pawrvn forward*n
email*nvo ftnnz Steve JNio6uo/o (WSSHAJUI,/yJ2Amendment aIp/ioumm, Ordinance 09-14) that states that i/L's being
postponed. 8eo)eDou/highlight beloo. What m do?I don't like ux all being in limbo.
r.
Hi5turicFrouervatiunr(unn^,/5o"i"r -/-kqu[Do1ra3 boack
1ooN\@ |ot Avenue,Dolrugbuack,}={odda3 31-11+-f6|.z+-5.7zo+
ff\c"ck/\r,e°e,.e/\—,/ca(-oMm""aw
PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local ofhda|o'
employees, or the general public regarding city business are public records available to the public and media upon request. Your e-
mail communications maytherefore be subjectto public disclosure.
6
From: Carolyn [mailto:chempstead0853(aaol.com]
Sent: Friday, May 30, 2014 3:53 PM
To: Alvarez, Amy
Subject: Fwd: My email
Sent from my iPhone
Begin forwarded message:
From: "S. Michael" <smichaelghudsonholdin s >
Date: May 30, 2014 at 2:27:03 PM EDT
To: "'Carolyn"' <ehempstead0853naol.com>
Cc: "'JoAnn Peart'" <joannpeartAcomcast.net>
Subject: RE: My email
Hi Carolyn,
I just got back to my office. Thank you for the feedback. I suggest we discuss this idea together. Our
city commission hearing was delayed to the next meeting due to city manager issues. Let's plan
another meeting with everyoneto discuss.
Steve
Steven Michael
Managing Director
Hudson Holdings, LLC
310 SE 1st St Suite 2
Delray Beach, FL 33483
Click for Map
Phone: 561-768-7621
Cell 561-594-0799
Fax: 561-274-2158
htW://www.HudsonHoldinV_-,.co
a
Hudson !'
From: Carolyn [mailto:chempstead0853(&aol.com]
Sent: Friday, May 30, 2014 12:58 PM
To: Steven Michael
Cc: 3oAnn Peart
Subject: Re: My email
Thank you for last night! Looping at everything in the light of day, I have just one big question:
can we keep the cottages at 20, 40 and 44 S Swinton in place or close to it?Maybe when you are
ready with a design to go to HPB we could have another meeting?
P.s. You will save a lot of money the less distance you move these buildings and avoid going out
on the street with them. I have costed three different house moves and have the name of the Rolls
Royce of movers!{
If you need it)
Sent from my Whone
On May 30,2014, at 12:37 PM, Steven Michael<smichael@hudsonholdin s >wrote:
Hi here is my email
s
CZ� E5DAY, L
t HE BALM BE1�CH POSE REALNEWS STARTS HERE I WEC�Nives;?:z�14
CITY OF DELRAY BEACH
NOTICE OF PROPOSED
AMENDMENT TO-THE
LAND'DEVELOPMENT
REGULATIONS
The City Commission of the City of Delray Beach, Florida,
proposes to adopt the following ordinance:
ORDINANCE NO.b9-14
AN ORDINANCE OF THE CITY COMMISSION -OF THE
CITY OF DELRAY BEACH; FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE GTY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 4.4.24, "OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT(055HADy", SUBSECTION
4.4.24(B), RMNCIPAL USES AND STRUCTURES" TO INCLUDE
ADDITIONAL PROPERTIES THAT ARE ALLOWED THE PERMITTED
USES OF THE CBD ZONING DISTRICT;AMENDING SECTION
4,4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT
(OSSHAD)°, SUBSECTION 4.4.24(C), "ACCESSORY USES
AND STRUCTURES PERMITTED" TO INCLUDE ADDITIONAL
PROPERTIES THAT ARE ALLOWED THE ACCESSORY USES
OF THE CBD ZONING DISTRICT; AMENDING. SUBSECTION
4.4.24(F), "DEVELOPMENT STANDARDS", TO INCLUDE
ADDITIONAL PROPERTIES IN THE OSSHAD DISTRICT THAT ARE
SUBJECT TO THE STANDARDS OF THE CBD ZONING DISTRICT,
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE,AND AN EFFECTIVE DATE
The Cify Commission. will conduct two (2) Public Hearin s
for the purpose of accepting -public testimony_re arding the ? Q
proposed ordinance. The first Public Hearing will be held on j I- bS�
TUESDAY. JUNE 3, 2014 AT 7:00 P.M. in the Commission
Chambers at City Hall, 100 N.W. 1st Avenue, Delray
Beach, Florida. It the 'proposed ordinance is passed "an
first reading, a second Public Hearing will be held on
TUESDAY JUNE 17 2014 AT 7:00 P.M,for atany continuation �{�h �, 2011(
of such meeting which is set by the Com+missign) in the
Commission Chambers at City Hall, 100 `W_ " xtenue, ��
Delray Beach,Florida. (/ST-
12 p
All interested citizens are invited to Mend 4he-public
hearings and comment upon the proposed ordinance or
submit their comments in writing on or before the date of -
these hearings to the Planningg and Zoning Deparlment.
-if you would like, further inhrmation with mgordL to
how this proposed ordinance may affect your property,
please contact the Planning and Zoning-,Department,
City Hall, 100 N.W. 1st Avenue, FL 33444 (e-mail at /
panail @rmydelraybeach.com) or by calling Amy Alvarez, �Q�e- C.e-v-���
Senior,Planner, at (561) 243=7284, between the hours
of.8:00 A.M. and 5:00 PM., Monday through Friday; J U 2 O
excluding holidays.
Please be advised 164 if a person decides to appeal any
decision made by the City Commission wl$respect to any matter
considered at these hearings,,such person will need a verbatim r
record•af the proceedings,'and,for this purpose such person
may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon
which theappeal is based_The City does not provide or prepare
such retard pursuant to F.S.286.0105.
CITY OF DELRAY BEACH
Chevelle D. Nubin,MMC
City Clerk
PUBLISH:Friday,May 23,2014
Wednesday,June 11,201 4