Ord 03-15ORDINANCE NO. 03 -15
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH; AMENDING
ARTICLE 4.4 "TABLE OF CONTENTS "; AMENDING SECTION 2.2.3(D)
"SITE PLAN REVIEW AND APPEARANCE BOARD "; AMENDING
SECTION 2.4.5(F) "SITE AND DEVELOPMENT AND MASTER
DEVELOPMENT PLANS (MDP)'; AMENDING SECTION 2.4.6(F)
"TEMPORARY PARKING LOTS "; AMENDING SECTION 4.1.1(A) "BASE
ZONING DISTRICTS "; AMENDING SECTION 4.3.3(1) "COMMUNITY
RESIDENTIAL HOMES AND GROUP HOMES "; AMENDING SECTION
4.3.3(5) "ANTENNAS NOT LOCATED ON TELECOMMUNICATIONS
TOWERS "; AMENDING SECTION 43.4(J) "HEIGHT "; AMENDING
SECTION 4.3.4(x) "DEVELOPMENT STANDARDS MATRIX";
REPEALING SECTION 4.4.28 "CENTRAL BUSINESS DISTRICT —
RAILROAD CORRIDOR (CBD -RC)' ; AMENDING SECTION 4.6.4(A)
"COMMERCIA.L ZONING ADJACENT TO RESIDENTIAL ZONING OR
ZONING DISTRICTS WITH A THIRTY -FIVE (35) FOOT HEIGHT
LIMITATION ".; AMENDING SECTION 4.6.9(C)(I) `BICYCLE
PARKNG"; AMENDING SECTION 4.6.9(E)(3) "LOCATION OF
PARKING SPACES, IN -LIEU FEE "; AMENDING SECTION 4.6.9(E)(4)
"PUBLIC PARKING FEE"; AMENDING SECTION 4.6.16(1-1)(4)
"FOUNDATION LANDSCAPING REQUIREMENTS "; AMENDING
SECTION 4.6.18(13) `BUILDINGS WITHIN THE DOWNTOWN AREA ";
AMENDING SECTION 6.3.3(F) "REGULATIONS GOVERNING THE USE,
DESIGN, AND MAINTENANCE OF A SIDEWALK CAFE "; AMENDING
APPENDIX A "DEFINITIONS "; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the Delray Beach Comprehensive Plan seeks to enhance Delray Beach's compact
and vibrant downtown business districts from the Atlantic Ocean to Interstate 95 while retaining the
distinctive character of each district; and
WHEREAS, the City Commission seeks to update its land development regulations to ensure the
highest quality built environment and enhance multi -modal mobility options;
WHEREAS, by separate ordinance, the existing land development regulations for the Central
Business District are being reorganized and substantially modified to make those regulations
understandable to the public, predictable to landowners, and easier for the city to administer; and
WHEREAS, certain other portions of the land development regulations need to be adjusted to
reflect the new regulations for the Central Business District; and
ORD. NO. 03 -15
WHEREAS, prior to public hearings before the City Commission, all proposed amendments to
the city's land development regulations must be reviewed by the Planning and Zoning Board pursuant to
LDR Section 1.1.6. The Planning and Zoning Board reviewed these amenchnents at a public hearing held
on October 6, 2014 and recommended that the City Commission approve these amendments. Pursuant to
Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency,
has determined these amendments to be consistent with the Delray Beach Comprehensive Plan; and
WHEREAS, the City Commission, at duly noticed public hearings on feb fV 'd, 2015,
and on (A 2015, received and considered comments from the Planning and-!toning Board
and from the pu , and gave careful consideration to all aspects of this ordinance; and
WHEREAS, the City Commission. has detennined it to be in the best interest of the City of
Delray Beach that the land development regulations be amended as described in this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF DELRAY
BEACH, AS FOLLOWS:
Section it. That the Table of Contents of the land development regulations shall be amended to read as
follows:
ARTICLE 4.4 BASE ZONING DISTRICT .......................... ............................... 4.4-1
NOTE: Each individual zoning district; except Central Business District, is structured as follows:
(A) Purpose
(B) Principal Uses and Structures Permitted
(C) Accessory Uses and Structures Permitted
(D) Conditional Uses and Structures Allowed
(E) Review and Approval Process
(F) Development Standards by Reference to 4.3.4
(G) Supplemental District Regulations by Reference to Article 4.6
(H) Special Regulations, as appropriate
Section 2. That Section 2.23 of the land development regulations, "Site Plan Review and
Appearance Board," shall be amended to read as follows:
(D) Duties, Powers, and Responsibilities:
(1) The Board hereby has the authority to take action on the following items pursuant to the
procedures and standards of the LDR:
(a) Certain site and development plans, as provided in this Code
(b) Granting of relief fiom the number of parking spaces required for specific uses pursuant to
Section 4.69(F)(1).
(c) Granting of relief to Section 4.6.16 through the waiver process [Section 2.4.7(B)]
(d) Preliminary and final landscape plans
2 ORD. NO. 03 -15
(e) Master Sign Programs
(f) Signage as allowed by Section 4.6.7
(g) Appeal of administrative interpretations made in application of the sign code and the
landscaping code
(h) Architectural elevations
(i) Streetscape and landscape features (e.g. walls, fences, lighting, dumpster enclosures, etc.)
@ Recommendations to the ci y_commission regarding the Incentive Program in the CBD
(2) — (3) [NO CHANGES]
Section 3. That Section 2.4.5(F) of the land development regulations, "Site and Development and
Master Development Plans (MDP)," shall be amended to read as follows:
(F) Site and Development and Master Development Plans. (MDP):
(1) — (2) [NO CHANGES]
(3) Procedure: A site and development plan shall be processed tluough the following sequence:
(a) Receipt and certification as complete;
(b) Consideration at a public meeting before the Planning and Zoning Board, the Site Plan
Review and Appearance Board, or the Historic Preservation Board as appropriate, at
which time action may be taken.
(c) For Class V site plan applications_ that include a request under the CBD's Incentive
Pro am see Section 4.4.13(H)): final action before the Cily Commission after
receiving a recommendation from the Site Plan Review and Appearance Board
(4) — (7) [NO CHANGES]
Section d. That Section 2.4.6(F)(3)(e)l. of the land development regulations, "Temporary Parking
Lots," shall be amended to read as follows:
1. A temporary parking lot may be permitted within the following areas:
a. the portion of the Central Business District (CBD) and Community Facilities (CF) District
which is bounded by Swinton Avenue on the west, the Intracoastal Waterway on the cast,
N.E. 2nd Street on the north, and S.E. 2nd Street on the south;
b. the portion of the CBD and CT- BDRC District which is bounded by N.E. 2nd Avenue on the
west, the FEC Railway on the east, N.E. 2nd Street on the south, and N.E. 4th Street on the
north;
c_ the portion of the CBD located east of the Intracoastal Waterway;
ORD. NO. 03 -15
d. the non -resin ;ntial zoning districts bounded by Swinton Avenue on the east, I -95 on the west,
N.W. 1st ° -t on the north, and S.W. Ist Street on the south.
Section S. That Section 4.1.1(A) of the land development regulations, "Base Zoning Districts," shall
be amended to read as follows:
(A) Base Zoning Districts: These "Base Zoning Districts" are applied to specific parcels of land, for
the reasons as stated in Section 4.1.1, specifically as they related to land use and design.
• A
Agriculture
• RR
Rural Residential
• R -1 -AAA
Single Family Residential
• R- 1 -AAA13
Single Family Residential
• R -I -AA
Single Family Residential
• R -1 -AAB
Single Fancily Residential
• R -1 -A
Single Family Residential
• R -I -AB
Single Family Residential
• MH
Mobile Home
• RL
Low to Medium Density Residential
• RM
Medium to Medium High Density Residential
• PRD
Planned Residential Development
GC
General Commercial
• AC
Automotive Commercial
• NC
Neighborhood Commercial
° PC
P1amled Commercial
° CBD
Central Business District
• RT
Resort / Tourism
• POC
Planned Office Center
• POD
Professional and Office District
• RO
Residential Office
• PCC
Planned Commerce Center
• MIC
Mixed Industrial and Commercial
° I
Industrial
• CF
Community Facilities
• OS
Open Space
° CD
Conservation District
• OSSHAD
Old School Square Historic Arts District
• SAD
Special Activities District
• LI
Light Industrial
• OSR
Open Space and Recreation
4 ORD. NO. 03 -15
Section 6. That Section 4.3.3(I)(4)(d) of the land development regulations, "Community Residential
Homes and Group Homes," shall be amended to read . as follows:
(d) Community Residential Homes and Group Homes shall be allowed as a permitted or conditional
use in the following zoning districts:
Section 7. That Section 4.33(S)(3) of the land development regulations, "Antennas Not Located on
Telecommunications Towers," shall be amended to read as follows:
(a) Non stealth and stealth antennas mounted on rooftops, buildings, or other structures which
constitute a principal use, are a permitted use in the following zoning districts, subject to the
limitations and requirements contained herein:
1. Medium Density Residential (RM)
2. General Commercial (GC)
3. Central Business District (CBD)
4
4.-S. Automotive Commercial (AC)
5.6. Planned Commercial (PC)
6.7. Resort /Tourism (RT)
7.8. Planned Office Center (POC)
8.9. Professional and Office District (POD)
9.4-9. Planned Commerce Center (PCC)
10.44. Mixed Industrial and Commercial (MCC)
11.4-2. Industrial (1)
12.4. Light Industrial (LI)
13. 474. Community Facilities (CF)
14.4 -5. Open Space and Recreation (OSR)
ORD. NO. 03 -15
Z O N I H G D I S T R I C T S
TYPE OF
AR
REST-
RL
RM
PRD
CBD, CF
GC
PC
9pp RG
1
OSSOHAD
DENCE
Group
Home,
Permitted
Permitted
Permitted
Permitted
Permitted
Permitted
Permitted
Type 1
Permiitted
Community
Genditierral
Residential
Not
Conditional
Permitted
Not
Conditional
Conditional
Conditional
Conditional
Home
Permitted
Use
Permitted
Use
Use
Use
Use
use
Group
Home,
Not
Conditional
Permitted
Not
Conditional
Conditional
Conditional
Conditional
Serdit,+enal
Type 2
Permitted
use
Permitted
Use
Use
Use
Use
uLse
Section 7. That Section 4.33(S)(3) of the land development regulations, "Antennas Not Located on
Telecommunications Towers," shall be amended to read as follows:
(a) Non stealth and stealth antennas mounted on rooftops, buildings, or other structures which
constitute a principal use, are a permitted use in the following zoning districts, subject to the
limitations and requirements contained herein:
1. Medium Density Residential (RM)
2. General Commercial (GC)
3. Central Business District (CBD)
4
4.-S. Automotive Commercial (AC)
5.6. Planned Commercial (PC)
6.7. Resort /Tourism (RT)
7.8. Planned Office Center (POC)
8.9. Professional and Office District (POD)
9.4-9. Planned Commerce Center (PCC)
10.44. Mixed Industrial and Commercial (MCC)
11.4-2. Industrial (1)
12.4. Light Industrial (LI)
13. 474. Community Facilities (CF)
14.4 -5. Open Space and Recreation (OSR)
ORD. NO. 03 -15
Section 8. That Section 43.4(7) of the land development regulations, "Height," shall be amended to
read as follows:
(1) Defined: The vertical distance fi•om grade to the highest finished roof surface of a flat roof or to
the mean level between tie beams and ridge for gable, hip, or gambrel roofs. The height set forth
in the matrix is the maximum height for all structures within the respective zone district except as
provided for in Subsection 4.3.4(7)(3) &(4) and for theCBD zoning district as provided for in
Subsection 4.4.13(D)(1)(a).
(2) Basis for Measurement:
(a) For buildings adjoining one street, the grade is established from the mean elevation of the
crown of the street along the lot frontage.
(b) For buildings adjoining more that one street, the grade is established as the average of the
mean elevation of the crown of the adjoining streets.
(c) When applied to single family detached dwelling units, less than three stories, within
residentially zoned districts, the grade is established as the mean elevation of the finished
surface of the ground adjacent to the exterior walls of the building. Under no circumstance
shall the grade be higher in elevation than the highest point of the unaltered dune or the
crown of the street.
d Within the CBD zoning district building height is also measured bv stories. See Section
4.4.13(D)(1)Ca).
(3) Exceptions to District Height Limitations: [NO CHANGES]
(4) Increases to Height Regulations:
(a) Prohibitions: [NO CHANGES]
(b) Allowances: An increase, to a maximum height of sixty feet (60% may be approved by the
City Commission in any zone district not listed above, except for tine CBD zoning district
when approved pursuant to the processing of a conditional use request and based upon a
finding of compliance with each of enumerated criteria listed below, as applicable.
(i) That the structure is to be located in one of the following geographic areas:
(1)—(5) [NO CHANGES]
(6) Area "F" - the property located between the one -way pair system of Federal
Highway (5th and 6th Avenues), except for propea located in the CBD zoning
district. (7) — (8) (NO CHANGES]
(6 Area"!" all �,.ithin the Central Core . tie of the C=BD (Central
Business Dis-1 fief) pt fee +1_.,t, portion i ,: +l,i.f 15 W .. f ,� district vA i.,,T.. atly Business ✓1�uivLf, vtLV�N4 AVl LAlILL
has u eeia,graum 11eig4 AL limit o from -the
zefied 't� Reserved.
(10) — (I 1) [NO CHANGES]
ORD. NO. 03 -15
(ii) — (iii) ENO CHANGES]
(iv) That the increase in height shall be allowed if two or more of subsections 4.3.4(J)iv (1),
(2) or (3) are met:
(1) That for each foot in height above 48 feet, an additional building setback of two
feet is provided from the building setback lines which would be established for a
48 -foot tall structm -e. The additional setback is required from all setback lines (i.e.,
front, side, and rear) for the portion of the building that extends above 48 feet. In
lieu of this set-baek -reqaif-emefit, buildings in the GBD zefie shall adher-e to the
(2) That a minimum of 50% of the ground floor building frontage consist of
nonresidential uses (excluding parking);
(3) That open areas, such as courtyards, plazas, and landscaped setbacks, be provided
in order to add interest and provide relief from the building mass.
(5) Special Activity Districts: /ND CHANGES]
ORD. NO. 03 -15
Section 9. That Section 4.3.4(x) of the land development regulations, "Development Standards
Matrix," shall be an-tended to read as follows:
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8 ORD. NO. 03 -15
Section l 0. That Section 4.4.28 of the land development regulations, "Central Business District-
Railroad Corridor (CBD -RC)," is hereby repealed in its entirety. Section 4.4.28 will be marked as
"Reserved" in Section 4 and in the table of contents.
Section 11. That Section 4.6.4(A) of the land development regulations, "Commercial Zoning
Adjacent to Residential Zoning or Zoning Districts with a Thirty -live (35) Foot Height Limitation,"
shall be amended to read as follows:
(A) Commercial Zoning Adjacent to Residential Zoning or Zoning Districts with a Thirty -live
(35) Foot Height Limitation:
(1) Properties subject to the development standards of the Central Business District (CBD) shall
comply with the following:
(a) Where the rear or side of a property directly abuts a zoning district with a height
limitation of thirty -five feet (35') without any division or separation between them of
thirty feet (30') or more, such as a street, alley, railroad, waterway, park, or other public
open space, the following shall apply:
(i) For buildings or portion of the buildings three stories thiAy seven fi e± (37) or less in
height, a ten foot (10') minimum building setback from the property line shall be
provided.
(ii) For buildings above three stories in height, at the top of the
thud story, minimum side and rear building setbacks of 30 feet shall be provided a
twenty two feet (22') fai ri etba from the property line shall be
previded for the portion of the building that is over three stories thin seven
(3-T) in height.
(iii) A solid finished masonry wall six feet in height, or a continuous hedge at least 4 -112
feet in height at the time of installation, shall be located inside and adjacent to the
portion of the boundary line of the Willy CBD -zoned property which directly
abuts the residentially zoned property. Walkways and other pedesti ian or bic cle
connections shall be placed through the wall or hedge if they provide links identified
on any adopted bicycle and pedestrian master plan or if SPRAB determines they
would promote_ desirable connectivity between properties. If a wall is used, it
Ste qtAn�.I
xe-ffatkways or other pedestr-iaii ways shall be 4aealed
Section 12. That Section 4.6.9(C)(1)(c) of the land development regulations, "Bicycle Parking," shall
be amended to read as follows:
(c) Bicycle Parldng: Bicycle parking facilities shall be provided in a designated area and by a. fixed
or stationary bike rack for the following uses:
9 ORD. No. 03 -15
(I) In shopping centers at the rate of five (5) spaces per 100,000 sq. ft. of gross floor area;
(2) At fast food restaurants, government offices and community centers, and commercial and
private recreation facilities at the rate of five (5) spaces per facility.
(3) For all uses in the CBD zoning district, see Section 4.4.13(I)(4).
Any non - residential use within the City's TCEA which, through the development review
process, is determined to generate a demand.
Section 13. That Section 4.6.9(E)(3) of the land development regulations, "><ocatlon of Parking
Spaces, In -Lieu Fee," shall be amended to read as follows:
(a) The in -lieu fee is authorized only in the CBD, BD-RC—, and OSSHAD Zoning Districts, in
compliance with the Supplemental District Regulations provisions therein.
(b) Arrangements for payment shall be approved by the City Commission at the time of the approval
of the in -lieu fee. The fee amount shall be based upon tine location of the property for whieh in-
Iieu fees are being sought. Area descriptions and corresponding fee amounts are hereby
established as follows: (See corresponding map).
(1) Area 1: Parcels located east of the Intracoastal Waterway which are zoned CBD - $18,200
per space.
(2) Area 2: Parcels located west of the Intracoastal Waterway which are zoned CBD or GRD
1G and which are not included within the Pineapple Grove Main Street area, West Atlantic
Neighborhood or Block 69 located in the Old School Square Historic Arts District
(OSSIL4D) - $15,600 per space.
(3) Area 3: Parcels located within the OSSfLAD zoning district, except for BIock 69 as noted in
Area 2; and parcels located within the Pineapple Grove Main Street area which are zoned
CBD erg - $7,800 per space.
(4) Area 4: Parcels Iocated within the West Atlantic Neighborhood which are zoned CBD -
$4,000 per space.
(c) All proceeds from such a fee shall be used for parking or pedestrian/bicycle infrastructure
purposes.
Section 14. That Section 4.69(E)(4) of the land development regulations, "Public Parking Fee," shall
be amended to read as follows:
(a) For properties located within 699-'- 750' of a programmed public parking facility, excluding
property zoned CBD a lat- G-RED R -G, an alternative to providing all the required parking on -site
is to contribute towards the construction of the parking facility. The cost per space shall be based
upon the location of the property for which the public parking fee is being sought. Area
descriptions and corresponding fee amounts are hereby established as follows: If for whatever
10 ORD, NO. 03 -15
reason the public parking does not get built the City shall retain the fee to provide parking or
parking maintenance in the quadrant of the City where the development is located.
Section 15. That Section 4.6.16(I)(4) of the land development regulations, "Foundation Landscaping
Requirements," shall be amended to read as follows:
(4) Foundation Landscaping Requirements
(a) Foundation landscaping shall be required. This shall incorporate trees, shrubs and
groundcovers with the minimum required specifications as set forth in 4.6.16(E). Multiple
tiers of plant material should be utilized and thoughtfully designed to accomplish the goal of
softening the building mass while adding vibrant color and textures.
(b) New multi -story structures or landscape improvements to existing multi - story structures shall
adhere to the landscape requirements set foifh in this section. The purpose of these
requirements is to aesthetically and visually buffer Iarger structures and to maintain an
appropriately scaled relationship between the height of the structure and its surrounding
landscape.
0 Foundation trees with specifications listed in Table I shall be planted along the building
facade that faces a Right-of-Way except_in floe GBD zoning district where alternate
landscaping larAscaping configurations have been incop2orated into the Frontage Standards in
Section 4.4.13(E).
ii The spacing of these trees shall be determined based on the average canopy width of the
proposed tree. These trees shall be spaced appropriately so that the canopies shall be
touching at average maturity.
iii) Typical Foundation trees and spacing requirements are listed in Table 2. All trees listed
in Table 2 are examples. Other species inay be used so long as the spacing meets the
intent of this section.
Section 16. That Section 4.6.18(B)(14) of the land development regulations, "Buildings within the
Downtown Area," shall be amended to read as follows:
(14) Buildings within the Downtown Area: These additional criteria shall be applicable to
buildings located within the CBD; and OSSHAD, mid E) RG zoning districts. Buildings in the
CBD have additional design standards in Section 4.4.13.1n case of conflict, the more restrictive
regulation shall apply. All buildings shall comply with the following requirements:
(i) Roofs and Gutters:
(1)—(2) ENO CHANGES]
(3) Flat roofs shall be screened from adjacent properties and streets with decorative
parapets. The maximum height of the parapet wall shall be six feet (6) in height or
sufficient height to screen all roof mounted equipment, whichever is greater,
measured from the top of the roof deck to the top of the parapet wall. In the cases of
1I ORD. NO. 03 -15
sloped parapet features, they shall be no more than seventy -two inches (72 ") in
height,, project no more than twenty -four inches (24 ") beyond the face of the
building, project no more than twelve feet (12') into the flat roof area of the building
nor cover more than fifty percent (50 %) of the fiat roof area of the building.
Exception to the height requirements shall be pursuant to Seel;,.,, n nrn of Section
4.4.13(H).
(4)—(5) [NO CHANGES]
(ii) Walls:
(1)—(2) ENO CHANGES]
(3) Treatinent of blank walls:
(a) Where blank walls are unavoidable due to the requirements of a particular land
use or structural needs, they shall not exceed a length of fifty feet (50'), or twenty
percent (20 %) of the length of the building facing the street, whichever is less.
(b) Blank wall sections of allowed lengths shall receive one (1) two 2 or more of the
following special design treatments in order to increase pedestrian comfort or
create visual interest:
(i) Vertical trellis in front of the wall with climbing vines or other plant
materials over at least 3 0% of the blank wall surface.
(ii) Control and expansion joints used in a decorative pattern with varied
materials or textures and spaced a maximum of ten feet (10') on center.
Relief and reveal depth, if used in a pattern, shall be a minimum of three-
quarter (314) inch and shall be a minimum of 30% percent of the blank wall
surface.
(iii) Small setbacks, projections, or indentations with a minimum depth of eight
inches (8 "), or intervals of material change to break up the wall's surface.
(iv) Additional architectural details such as pilasters, medallions, decorative
panels or castings, decorative accent tiles, louvered vents, or public art shall
be integrated on any exterior wall to avoid a blank wall appearance.
(iii) Arcades, Porebes, 'Trellises, Loggias and Balconies: INO CHANGES]
(iv) Windows and Doors:
Window and door shutters and decorative trims and moldings shall be sized to match
the dimensions of the wall openings.
(2) Building facades facing streets or civic open spaces must have transparent windows
covering between 20 % and 75% of the wall area of each story as measured between
finished. floors. The minimum transparency or glass surface area on the ground floor
wall area of all non - residential and mixed -use buildings shall be a minimum of 7570%
of the wall area for at least 70% of the lei h of that elevation. All storefronts or glass
12 ORD. NO. 03 -15
areas abutting the street shall be transparent, non -solar or non - mirrored, and have a
light transmission reduction of no more than twenty percent (20 %).
(3)—(5) [NO CHANGES]
(v) Miscellaneous: [NO CHANGES]
(vi) Parldng garages: Above ground parking garages shall comply with the architectural
requirements of this Section and the following additional requirements:
(1) Ramps shall be visually screened from streets and adjacent residential zoning districts
and oriented towards the interior of the lot within a project where possible. Ramp
profiles shall be hidden on the exterior elevations.
(2) Roof top parking shall be visually screened with articulated parapet walls or other
architectural treatment acceptable to the Site Plan Review and Appearance Board.
Exterior lighting shall utilize fixtures provided with cut -off shielding in order to
eliminate glare and spillage onto adjacent properties and roadways.
(3) The openings of the garage shall be designed in a manner that obscures parked
vehicles. Decorative architectural elements on the ground floor level shall be designed
to accommodate the pedestrian scale. Parking levels above the ground floor shall
maintain the same vertical and horizontal articulation or rhythm and incremental
appearance established on the ground floor.
(4) Due to the requirements of a particular land use or structural needs, parking garages or
the garage portion of the building may request an increase ftefii the building-4&4ff�
° sfs) or a waiver from the setback
requirements of Section 4.4.13 ( (for portions of the building above fft�, five
feet three stories) subject to compliance with the following requirements:
(a) The garage or the garage portion of the building elevation provides unified design
elements with the main building through the use of similar materials and color,
vertical and horizontal elements, and architectural style.
(b) In OSSHAD and on Secoudar LStreets in the CBD, a A minimum 50% of the
ground floor peri peter of the garage or the garage portion of the building adjacent
to street rights-of-way shall be devoted to window displays or floor area for active
uses such as retail stores, personal and business service establislunerits,
entertainment, offices, etc. This number may be reduced by the Site Plan Review
and Appearance Board or the Historic Preservation Board. On Primary Streets in
the CBD the perimeter of the garaN or the garage poition of the building adjacent
to street rights-of-wgy rights—of—way shall be lined by active uses see Section 4.4.13(Q).
(c) Architectural features shall be incorporated into the facade to mitigate the
building's mass and bulk and along portions of the building adjacent to street
rights -of -way.
(vii) [NO CHANGES]
13 ORD. NO. 03 -15
Section 17. That Section 6.33(F) of the land development regulations, "Regulations Governing the
Use, Design, and Maintenance of a Sidewalk Cafe," shall be amended to read as follows:
(1) (NO CHANGES]
(2) A sidewalk cafe may only be established in front of the business or along a side street adjacent to
the business, or in front of public open space plazas adjacent to the business, and such businesses
immediately adjacent to the business with which the sidewalk cafe is associated. The sidewalk
cafe shall not be established adjacent to a travel lane or on- street parking, unless there is no
ability to establish a sidewalk cafe adjacent to the storefront, in which case a sidewalk cafe may
be located adjacent to a traffic lane or street parking as long as a five six foot clear pedestrian
path is provided and the tables and associated chairs provide a minimum setback of 215' from the
vehicular travel lane and associated curbing. This ? 5' setback does not apply when the tables
are immediately adjacent to on street parking.
(3)—(4) [NO CHANGES]
(5) Sidewalk cafe operators shall maintain a clear pedestrian path of a minimum of fiv'e six feet (5
0 at all times. The five six foot (5 6') clear pedestrian path shall be parallel to the street and /or
alley. In the event a five six foot (5 6') clear pedestrian path adjacent to the curb is interrupted by
street furniture, trees, tree grates or similar impediments, then the sidewalk cafe operator may
provide for a five six foot (5 6') clear pedestrian path commencing from the edge of the
impediment closest to the building facade for a distance of fiia six feet (5 9) towards the
building. In areas of higher pedestrian traffic or activity or if conditions are such that additional
clearance is required to assure safe pedestrian travel, additional clear space shall be required. A
clear pedestrian path greater than six feet (5 6) may be required on sidewalks with an
adjacent traffic lane. For sidewalk cafes with permits approved prior to Leffectiye date of this
ordinance], the dimensions of approved pedestrian paths will prevail until the next permit
renewal.
(6) — (I 1) ENO CHANGES]
(12) All services provided to patrons of a sidewalk cafe and all patron activity (i.e., sitting, dining,
etc.) shall occur within the designated sidewalk cafe area, and shall not impinge on the required
5! 6' clear distance for pedestrian passage at any time. Chairs shall be arranged paralIel to the
clear pedestrian path so that they do not encroach into the clear pedestrian path to accommodate
patrons.
(13)—(15) [NO CH"GES]
Section 18. That Appendix "A" of the land development regulations, "Definitions," shall be amended
to read as follows:
BUILDING HEIGHT The vertical distance from grade to the highest finished roof surface of a
flat roof or to the mean level between eaves and ridge for gable, hip, or
gambrel roofs. Within the CBD zoning district, vertical distance shall be
14 ORD, NO. 03 -15
measured to the soffit of a gable, hip, or ganbreI roof and building height
is also measured by stories.
DWELLING, MULTIPLE FAMILY A residential building containing three or more dwelling
units, or one or more dwelling units in a building that contains non-
residential uses in the Central Business District,
OPEN SPACE. CIVIC An outdoor space that is maintained as an urban amenity and is accessible
to the eneral_public. Civic open spaces may be constructed and
maintained by government agencies but are usually constructed by
landowners when they build on the property (see Section 4.4.13(G)). Civic
open spaces typically take the form of a -eeg en, a plaza, a playground, or a
square.
STREETWALL A short freestanding wall or hed_ e located in line with building fagades or
front setbacks.
Section 19, That should any section or provision of this ordinance, or any paragraph, sentence, or word
thereof, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
validity of the remainder of this ordinance as a whole or part thereof other than the part declared to be
invalid
Section 2Q. That all ordinances or parts of ordinances in conflict herewith. are hereby repealed.
Section 21. That this ordinance shall become effective upon its adoption on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this ,c day of
r �fG( , -2015.
MAYOR
ATTEST:
Affij City CIerk
First Reading: Gp—b- '5 '&) 5
Second Reading: Feb I41 2, �1'5
15 ORD. NO. 03 -15
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Donald B. Cooper, City Manager
DATE: February 13, 2015
Page 1 of 1
SUBJECT: AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF FEBRUARY 24, 2015
ORDINANCE NO. 03 -15 (SECOND READING/ SECOND PUBLIC HEARING
BACKGROUND
At the first reading on February 3, 2015 the Commission passed Ordinance No. 03 -15.
LEGAL DEPARTMENT REVIEW
Approved as to form and legal sufficiency.
DISCUSSION
This ordinance is before Commission for second reading to consider city- initiated amendment to the
Land Development Regulations of the City of Delray Beach; amending Article 4.4, "Table of
Contents "; amending Section 2.2.3(D), "Site Plan Review And Appearance Board "; amending Section
2.4.5(F), "Site And Development and Master Development Plans (MDP) "; amending Section 2.4.6(F),
"Temporary Parking Lots "; amending Section 4.1.1(A), "Base Zoning Districts "; amending Section
4.3.3(I), "Community Residential Homes And Group Homes "; amending Section 4.3.3(S), "Antennas
Not Located on Telecommunications Towers "; amending Section 4.3.4(J), "Height "; amending Section
4.3.4(K), "Development Standards Matrix "; repealing Section 4.4.28, "Central Business District —
Railroad Corridor (CBD -RC) "; amending Section 4.6.4(A), "Commercial Zoning Adjacent to
Residential Zoning or Zoning Districts With a Thirty -Five (35) Foot Height Limitation "; amending
Section 4.6.9(C)(1), "Bicycle Parking "; amending Section 4.6.9(E)(3), "Location of Parking Spaces, In-
Lieu Fee "; amending Section 4.6.9(E)(4), "Public Parking Fee "; amending Section 4.6.16(H)(4),
"Foundation Landscaping Requirements "; amending Section 4.6.16(H)(5), "Special Landscape
Regulations for Properties Within The Central Business District (CBD) "; amending Section 4.6.18(B),
"Buildings Within The Downtown Area "; amending Section 6.3.3(F), "Regulations Governing The Use,
Design, and Maintenance of A Sidewalk Cafe"; and amending Appendix A "Definitions ".
RECOMMENDATION
Recommend approval of Ordinance No. 03 -15 on second an final reading.
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Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Planning and Zoning Department
THROUGH: Donald B. Cooper, City Manager
DATE: January 26, 2015
SUBJECT: AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF FEBRUARY
ORDINANCE NO. 03 -15 - CBD LDR REVISIONS
BACKGROUND
Page I of 2
2015
On November 8, 2013, the City of Delray Beach, and the Delray Beach Community Redevelopment
Agency entered into an agreement with the Treasure Coast Regional Planning Council to review and
update the city's Land Development Regulations for the Central Business District (CBD) areas
including: the Central Core, the West Atlantic Avenue Neighborhood, and the Beach Area. The purpose
of reviewing and revising the existing regulations is to clarify and provide greater predictability in the
regulations and the process, articulate current priorities of the City and the CRA, and incorporate more
Form -Based Code elements that emphasize the importance of the public realm. As a result of these
pending amendments, other sections of the LDRs were affected and required changes to bring them into
consistency throughout the code. That is the purpose of this item and the subject adopting ordinance.
Examples of these changes which are necessary as a result of the repeal and replacement ordinance for
the CBD regulations include, but are not limited to, the following:
Site and Development and Master Development Plans
Temporary parking lots
Community Residential Homes and Group Homes
Development Standards matrix
Bicycles parking
In -lieu parking fee
Public parking fee
Landscape regulations in the downtown
Buildings within the downtown area
Use, design and maintenance of sidewalk cafes
REVIEW BY OTHERS
The Planning and Zoning Board reviewed the proposed amendment at a special meeting held on
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Coversheet
October 6, 2014 and recommended approval on a vote of 6 to 0.
LEGAL DEPARTMENT REVIEW
Approved as to form and legal sufficiency.
FINANCIAL DEPARTMENT REVIEW
N/A
DISCUSSION
Page 2 of 2
The item before the City Commission is consideration of a City- initiated amendment to the Land
Development Regulations, to amend various sections affected by the larger repeal and replacement
ordinance (Ordinance No. 02 -15) that updates the regulations in the Central Business District.
OPERATING COST
N/A
TIMING OF THE REQUEST
The new First Reading/First Public Hearing of the subject item is to occur on February 3, 2015. If
passed on first reading, the second reading will occur on February 24, 2015.
RECOMMENDATION
By motion, approve on first reading Ordinance No. 03 -15, ARTICLE 4.4 "TABLE OF CONTENTS ";
AMENDING Section 2.2.3(D) "Site Plan Review and Appearance Board "; AMENDING Section 2.4.5
(F) "Site and Development and Master Development Plans (MDP) "; AMENDING SECTION 2.4.6(F)
"TEMPORARY PARKING LOTS "; AMENDING SECTION 4.1.1(A) "BASE ZONING
DISTRICTS "; AMENDING SECTION 4.3.3(I) "Community Residential Homes and Group Homes ";
AMENDING SECTION 4.3.3(S) "antennas Not Located on Telecommunications Towers ";
AMENDING SECTION 4.3.4(J) "HEIGHT "; AMENDING SECTION 4.3.4(k) "Development
Standards Matrix "; REPEALING SECTION 4.4.28 "Central Business District — Railroad Corridor
(CBD -RC) "; AMENDING SECTION 4.6.4(A) "Commercial Zoning Adjacent to Residential Zoning or
Zoning Districts with a Thirty -five (35) Foot Height Limitation "; AMENDING SECTION 4.6.9(C)(1)
"BICYCLE PARKING"; AMENDING SECTION 4.6.9(E)(3) "Location of Parking Spaces, In -Lieu
Fee "; AMENDING SECTION 4.6.9(E)(4) "Public Parking Fee "; AMENDING SECTION 4.6.16(H)(4)
"Foundation Landscaping Requirements "; AMENDING SECTION 4.6.18(B) "Buildings within the
Downtown Area "; AMENDING SECTION 6.3.3(F) "Regulations Governing the Use, Design, and
Maintenance of a Sidewalk Cafe "; AMENDING APPENDIX A "DEFINITIONS "; by adopting the
findings of fact and law contained in the Staff Report and finding that the request is consistent with the
Comprehensive Plan.
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CITY OF DELRAY BEACH
NOTICE OF: PROPOSED AMENDMENTS TO
THE LAND DEVELOPMENT REGULATIONS
The City Commission of the City of Delray Beach, Florida, proposes to adopt the
following ordinance:
ORDINANCE NO. 03-15
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA,AMENDING THE LAND DEVELOPMENT REGULATIONS OFTHE CITY OF
DELRAY BEACH; AMENDING ARTICLE 4.4 "TABLE OF CONTENTS"; AMENDING
SECTION 2.2.3(Dy"SITE PLAN REVIEW AND APPEARANCE BOARD";AMENDING
SECTION 2.4.5(F) "SITE AND DEVELOPMENT AND MASTER DEVELOPMENT
.PLANS (MDP) AMENDING SECTION 2.4.6(F) "TEMPORARY PARKING LOTS
AMENDING SECTION 4.11(A) "BASE ZONING DISTRICTS";AMENDING SECTION .
4.13(l) "COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES";AMENDING
SECTION 4.3.3(S) "ANTENNAS NOT LOCATED ON TELECOMMUNICATIONS
TOWERS"; AMENDING SECTION 4.3.4(J) "HEIGHT"; AMENDING SECTION
4.3,4(x) "DEVELOPMENT STANDARDS MATRIX"; REPEALING SECTION 4.4.28
"CENTRAL BUSINESS.DISTRICT—RAILROAD CORRIDOR(CBD-RC)";AMENDING
SECTION 4.6.4(A) "COMMERMALZONING ADJACENT TO RESIDENTIAL ZONING
OR ZONING DISTRICTS WITH A THIRTY-FIVE (35)i FOOT HEIGHT LIMITATION";
AMENDING SECTION 4.0.9(C)(1) "BICYCLE PARKING"; AMENDING SECTION
4.6.9(E)(3) "LOCATION OF PARKING SPACES, IN-LIEU FEE"; AMENDING
SECTION 4.6.9(E)(4) "PUBLIC PARKING FEE"; AMENDING SECTION 4.6.16(H)
(4) "FOUNDATION LANDSCAPING REOUIREMENTS"; AMENDING SECTION
4.6.18(B) "BUILDINGS WITHIN THE DOWNTOWN AREA"; AMENDING SECTION
6.3.3(F) "REGULATIONS GOVERNING THE USE, DESIGN, AND MAINTENANCE
OF A SIDEWALK CAFE"; AMENDING APPENDIX A "DEFINITIONS"; PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the purpose of
accepting public testimony regarding the proposed ordinance. The first Public
Hearing will be held on TUESDAY FEBRUARY 3 2015 AT 7:00 P.M. (or at any
continuation of such meeting which is set by the Commission) in the Commission
Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. A second
Public Hearing will be held on TUESDAY FEBRUARY 24 2015 AT 7:00 P.M.
(or at any continuation of such meeting which is set by the Commission) in the
Commission Chambers at City Hall, 100 N.W. 1 st Avenue, Delray Beach, Florida.
All interested citizens are invited to attend the' public hearings and'comment upon
the proposed ordinance or submit their comments in writing on or before the date
of these hearings to the Planning and Zoning Department. For further information
or to obtain a copy of the proposed ordinance, please contact the Planning and
Zoning Department, City Hall, 1.00 N.W. 1st Avenue, Delray Beach, Florida 33444
(email at; pzmail(Omydelraybeach.com) or by calling 5611243-7040), between the
hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays.
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at these hearings, such person
will need a verbatim record of 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 the appeal is based. The
City does not provide or prepare such record pursuant to F.S. 286.0105.
CITY OF DELRAY BEACH
PUBLISH: Monday, January 26, 2015 Chevelle D. Nubin, MMC
Wednesday, February.18, 2015 City Clerk