Ord 30-14 (Withdrawn) 5/1/2015 i webapp/N vu A enda Previ w.aspx?ItemI D=8682&Meeting I D=542
MEMORANDUM
TO Mayor and City Commissioners
FROM: Donald B. Cooper, City Manager
DATE: December 11, 2014
SUBJECT: AGENDA ITEM 10.B. -MEETING OF JANUARY 20,2015
ORDINANCE NO. 30-14 (SECOND READING/SECOND PUBLIC HEARING)
BACKGROUND
Consider a 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(5), "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), "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)")n n 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". (THE CITY ATTORNEY HAS REQUESTED THAT THIS
ITEM BE WITHDRA WN)
DISCUSSION
http* itwebapp/Novu Agenda Preview.aspx?ltemiD=8682 Meetin ID=542
I
ORDINANCE NO. 30-14
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LA D
DEVELOPMENT REGULATIONS OF THE CITY OF DE Y
BEACH; AMENDING ARTICLE 4.4 "TABLE OF CONTENTS ,
AMENDING SECTION 2.2.3(D) "SITE PLAN REVI
APPEARANCE BOARD"; AMENDING SECTION 2 (F) I
AND DEVELOPMENT AND MASTER DEVELOP IE P S
(NIDP)"; AMENDING SECTION 2.4.6(F) "TEMP P RKIN
LOTS"; AMENDING SECTION 4.1.1(A) `BAS IN
DISTRICTS"; AMENDING SECTION 4.3.3 N ITY
RESIDENTIAL HOMES AND GROUP HOMES"; NDING
SECTION 4.3.3 S "ANTENNAS LOCAT ON
O
TELECOMMUNICATIONS TOWERS"; SECTION
4.14Q) "HEIGHT"; AM E G CT 4.3.4(Iq
"DEVELOPMENT STAND MAT 'N""; REPEALING
SECTION 4.4.28 "CENTRAL, N S DIS CT — RAILROAD
CORRIDOR (CBD-RC) SECTION 4.6.4(A)
"COMMERCIAL ZO J T TO RESIDENTIAL
ZONING OR ZON DISTIL S TH A THIRTY-FIVE (35)
FOOT HEIGHT IT N"; TENDING SECTION 4.6.9(C)(1)
"BICYCLE PAI117 I DING SECTION 4.6.9(E)(3)
i
"LOCATION P G CES, IN-LIEU FEE"; AMENDING
SECTION 6. ` . C PARKING FEE"; AMENDING
SECTIO 4.6. )(4) "FOUNDATION LANDSCAPING
j RE NTS"; NDING SECTION 4.6.18(B) "BUILDINGS
W DO NTOWN AREA"; AMENDING SECTION
"REG IONS GOVERNING THE USE, DESIGN, AND
ANC OF A SIDEWALK CAFE"; AMENDING
A EN "DEFINITIONS"; PROVIDING A SAVING CLAUSE,
NE REPEALER CLAUSE,AND AN EFFECTIVE DATE.
i
AS, the Delray Beach Comprehensive Plan seeks to enhance Delray Beach's
compact acid rant 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 developzryent regulations to
ensure the highest quality built enviromnent and enliance multi-modal mobility options;
WHEREAS, by separate ordinance, the existing land development regulations for the
Central Business District are being teor anized and substantially modified to make those regulations
understandable to the public, predictable to landowners, and easier for the city to adznin seer; and.
I ORD.NO. 30-14
WHEREAS, certain other portions of the land development regulations need to be adjusted
to reflect the new regulations for the Central Business District; and
WHEREAS, prior to public hearings before the City Commission, all proposed amendments
Me CHN,
pursuant to LDR Section 1.1.6. The Planning and Zoning Board reviewed these amendments at a
public hearing held on October 6, 2044 and recommended that the City Commission approve these
amend-mex�ts. Pursuant to Floc dd Stat�ster 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 ,
2014, and on , 2014, received and considered cointnents g and
Zonitlg Board and from the public, and gave careful consideration to all ects this or lice;
and
WHEREAS, the City CoM111ission has determined it to be ' the erest the City of
Delray Beach that the land development regulations be amended b .s ordinance.
NOW, THEREFORE, BE IT ORDAINED B CITY COMIVIISSION OF
DELRAY BEACH,AS FOLLOWS:
Section 1. That the Table of Contents of th de loptnen egulations shall be amended to
read as follows:
ARTICLE 4.4 BASE ZONING T ...... ........................................... 4.4 - 1
NOTE: Each individual zo .ag ict e-c t entral Business District is structured as
follows:
(A) Purpose
(B) Ptincipa s 1 tiu e ennitted
(C) Acce ry ses Stru -es Permitted
(D) C al Uses a uctures Allowed
(E) Ae i ew an ppro Process
elopinen ndards by Reference to 43.4
Su nental istrict Regulations by Reference to Article 4.6
(H) Speclailq
jKulations, as appropriate
Seeti at tion 22.3 of the land development regulations, "Site Plan Review and
Appearan ard," 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 iteins pursuant to the
procedures and standards of the LDR:
(a) Certain site and development Plans, as provided ita this Code
(b) Granting of relief from the nuixaber of parking spaces required for specific uses
pursuant to Section 4.6.9(F)(1).
(c) Granting of relief to Section 4.6.16 through the waiver process [Section 2.4.7(B)]
2 ORD.NO. 30-14
I
A Pteliininaiy and final landscape plans
(e) Master Sign programs
(� Signage as allowed by Section 4.6.7
landscaping code
(h) Architectural elevations
(i) Streetscape and landscape features (e.g. walls, fences,lighting, duinpster enclosures,
etc.)
Recorm- endations to the ciw cointnission tegarding the Density Bonu ro ram in the
CBD.
(2) (3) ENO CHANGES]
i
Section 3. That Section 2.4.5(F) of the land development regulations rte a d De meat
and Master Development Plans (MDP)," shall be amended to r as
(F) Site and Development and Master Development Plans
(1) — (2) ZNO CHANGES]
(3) Procedure: A site and development plan shall b r through the foUo.Vmg
sequence:
(a) Receipt and certification as co lete;
(b) Consideration at a public meeting nning and Zoning Board, the Site
Plan Review and Appe -d, the Historic Preservation Board as
j appropriate, at whic ne actio ay aken.
c For Class V site n a tions at in a to nest under the CBD's Densi
Bonus Program s ectio 4. : final action before the Cjjy Commission
after receiNAI&a rec nda n from the Site Plan Review and Appearance
Board.
(4) (7) 1 GE
i
Section 4. at tion 2.4. )(e)1. of the land development regulations, "Temporary
Parking L " sha amen d to read as follows:
�. mp ary par lot may be permitted widen the following areas:
a. on of the Central Business District (CBD) and Community Facilities (CF)
tric hich is bounded by Swinton Avenue on the west, the Intracoastal Water-vay on
ast, N.E. 2nd Street on the north, and S.E. 2nd Street on the south;
b. the portion of the CBD ai a GBE) R'' 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 die north;
c. the portion of the CBD located east of the Intracoastal.Waterway;
I
3 ORD.NO. 30-14
d. the non-residential zoning isti-icts bounded b Swinton Avenue on the east I-95 on the
g Y
west, N.W. 1st Street on the north, and S.W. 1st Street on the south.
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-ARAB Single Family Residential
• R-1-AA Single Family Residential
• R--1--AAB Single Family Residential
• R-1-A Single Famfly Residential
• R-1-AB Single Family Residential
• MH Mobile Horne
• RL Low to Medium Density Resi n
• RM Medium to Mediutn ' li Dens esi t.9
• PRD Planned Residen ' opmen
• GC General Comm r
• AC Auto otilr ne
• NC Neighb iood nei
• PC Plan Miller .
il erc.
• CBD C 1 Bu ss Dis 'ct
• RT eso out
• POC cc enter
• POD ssiona d Office District
• RO Resi ' I Office
• PCC Plann Commerce Center
• M d Industrial and Conn-riercial
• dustrial
CF Community Facilities
• Open Space
Conseiiration District
Hr1 Old School Square Historic Arts District
S Special Activities District
• LT Light Industrial
• OSR Open Space and Recreation
. GBD nG
I
i�
4 ORD.NO.30-14
i
Section 6. That Section 4.33(1)(4)(d) of the land dey eloprnent-regulations, "Community
Residential Homes and Group Homes," shall be ainended to tead as follows:
(d) Cora nunity Residential Homes and Group Homes shall be allowed as a perinitted of
e ow ..g .o .. c
ZONING DISTRICTS
TYPE
OF RO,
RESI- A'R-1 1 RL RM PRD OSSHA C F GC PC ��
CF RE
DENC D
E
Group Not
Home Pennitte Pe-rmitte Pennitte Pemaitte Pen-Ditte Permit PNd e tte
Type 1
d d d d d d d
Co imnu
pity Not Conditio Perrmtte Not Conditio Conditio -to Conditio
Resident Permute Petmitte Goncki
ial d nal Use d d nal al Use nal e nal Use nal Use
Horne
Group Not Conditio Pennitte NO nditio ozrditio Conditio Conditio
Home, Pe te nal Use d P tte Use se nal Use nal Use tial�4s�
Type 2 d
Section T That Section 4.33(S)(3) land de op ent regulations, "Antennas Not Located
on Telecommunications Towe ' sh amen d to read as follows:
(a) Non stealth and steal anten nou on rooftops,buildings, or other structures which
constitute a p�nc' ar p t use in the following zoning districts, subject to the
litnitations and ern coat d herein:
1. Me asity Re al (RlvI
2. G al C ercial C)
J. al Bus' strict (CBD)
ti
-5. utom ' e ommercial (AC)
nned mrnercial (PC)
6. . rt /Tourism (R'I)
P ed Office Centet (POC)
S. rofessional and Office District (POD)
9. 4-0. lanned Cominerce Center (PCC)
10. 44_ Mixed Industrial and Comtnercial (MIC)
11. 122. Industrial (1)
12. 4-3. Light Industrial (LI)
13. 44. Col=unity Facilities (CF)
140 44. Open Space and Recreation (OSR)
5 ORD.NO, 3 0-]4
Section S. That Section 4.3.40) of the land development regulations, "Height," shall be amended
to read as follows:
(1) Defined: The vertical distance from grade to the highest finished roof surface of a flat roof
set forth in the inau-ix is the maximum height for all structures within the respective zone
district except as provided for in Subsection 4.3.40(3)&(4).
2 Basis for Measurement:
(a) For buildings adjoining one street, tlae grade is established from the mea I.evatioa of
the crown of the street along the lot frontage.
(b) For buildings adjoining more than one street, the grade is establis e of
the mean elevation of the crown of the adjoining streets.
(c) When applied to single family detached dwelling units,less n tht e store itlyn
residentially zoned districts, the grade is established as me v on of e finished
surface of the ground adjacent to the exterior walls of er no
citcumstance shall the grade be higher in elevation than the point of the
unaltered dune or the crown of the street.
d Witiyn the CBD zonin district buildin her ht is Iso r d U stories. See Section
4.4.13 W)(1)(al.
(3) Exceptions to District Height Limit ns: O CH TGES]
(4) Increases to Height Regulations-
(a) Prohibitions: /NO CH ES]
(b) Allowances: An incr e, to axitu height of sixty feet (60`), may be approved by
tlae City Commission'17 zon sti7 not listed aUove, except for the CBD zoning
district,wlien ap ved p t t e processing of a conditional use request and
based upon a om with each of enumerated criteria listed below, as
applicable.
(i) t th cture is be located in one of the following geographic areas:
-- (5) CHANTGES]
(6) a "F" - the property located between the one-way pail system of Federal
Ht y (5th and 6th Avenues), excetat for property located in the CBD
zo . g district. (7) — (s) /Aro UL41'\TGES]
� , f
. Rese-med.
(10) — (11) /NO CHANGES]
(ii) — (iii) INO CHANGES]
(iv) That the increase in height shall be allowed if two or more of subsections 4.3.40)iv
(1), (2) or (3) are met:
I
6 ORD.NO. 30-14
(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 structure. The additional setback is requited from
a IT
- - z
extends above 48 feet. ,
(2) That a ir+inimum of 50% of the ground floor building frontage consist of
nonresidential uses (excluding patking);
i
(3) That open areas, such as courtyards, plazas, and landscaped se s,be
provided in order to add interest and provide relief from the buil Hass.
i
(5) Special Activity Districts: ENO CHANGES]
i
i
I
i
I
� I
i
I
7 ORD.NO. 30-14
Section 9. That Section 4.3.4(K) of the land development-regulations, "Development Standards
Matrix," shall be amended to -read as follows:
� h
z
g a ¢ ¢ 4 ¢ ¢ ¢ ¢ a ¢ ¢ J
z p a z Q z z z G z z Q Z Q Z z U
x ^.
C a I a� v FM
2
10
is `r o V o ¢ ❑ a ❑ a o ¢
`z z
�O
it `N' 6 ¢ •O r O O �f1 N
f!] F
4
U ❑ llJ N O O _ O N ❑
! In N
LLi
N h i— °
U) u.
O U
LIJ
¢ a 4 ¢ n ¢ ¢ ¢ ¢ N
w
IL
Z z o q c z z z z z z z z z`
O LL
N
g 2
o d
D
LU
a X J
� Q
zY
LU F N N N L L
w U7 Vi rn y
Z
Q
N Z N ❑ Z y Q n E
Z o a o
�
❑ IL
O N z
J v
O O O U ° U o p ❑ ❑ N Co _
J N ❑_ ¢ ¢ � of N
j E V
m
❑ —
U to
U
Q ❑ U U N Z U N p N
V LL w � ❑ ¢ � n `. Q rn
Z o E o
N C E `- _ C R y E
'z c u t, a
O
�. o E V m � V � � � U Q '_ a ❑ O 'a �' o a b L
1 O y E ° 'n E c uEi cwi 6 E E
E V E O E
m
U..9 ro m a ° a ❑ H a c v c .� _ z c N Z 4 tt m r a� m
AO L U n W o 9 o o a L
D F
u n u n
I
S ORD.NO. 30-14
I
I
Section 10. That Section 4.4.28 of the land development regulations, "Central Business District
—Railroad Corridor (CBD-RC)," is hereby repealed in its entirety. Section 4.4.25 will be marked as
"Reset-ved" in Section 4 and in the table of contents.
Section 11. That Section 4.6.4(4) of the land development regulations, "Commercial Zoning
Adjacent to Residential Zoning or Zoning Districts with a Thirty-five (35) Foot Height
Limitation," shall be amended to read as follows:
(A) Commercial Zoning Adjacent to Residential Zoning or Zoning Districts with a
Thirty-five (35) Foot Height Limitation:
(1) Properties subject to the developineat standards of the Central Bus' Dish (CBD)
shall comply with the following:
(a) Where the rear or side of a property directly abuts a zofyg di 'ct w a height
]imitation of thirty-five feet (35') without any division ara n be them of
thirty feet (30') or more, such as a street, alley, rails ,wa ark, or other
public open space, the following shall apply:
{i) For buildings or portion of the building ee stories or
less in height, a ten foot (10') mint num b etback from the property line
shall be provided.
(ii) For buildings above three sto in height, at the top of
the third stoz nauai7xatux� si d r r buildin etbacks of 30 feet shall be
provide d twenty-two J - from the property
line r rti f e building that is over three stories
height.
(iii) A solid finish aso all si eet in height, or a continuous hedge at least 4-
1/2 feet in neigh the istallation, shall be located inside and adjacent
to the p of and line of the cornmeTcially CBD-zoned property
whit c uts th identially zoned property.Walkways and other
an orb le c naections shall be Vlaced through die wall or hedge if
e de links ntified on an T adopted bicycle and pedestrian master pi an
or if SA%Q deteniuties they would promote desirable connectivity beteveen
erties.
ot other p edestdan ways shall b e located thf ough 4te wall ei�hedg e7.
Sects L ha ction 4.6.9(C)(1)(c) of the land development regulations, "Bicycle Parking,"
shall be am d to read as follows:
I
(c) Bicycle Parking: Bicycle parking facilities shall be provided in a designated area and by a
fined or stationary bike rack for the following uses:
(1) fn shopping centers at the rate of five (5) spaces per 100,000 sq. ft. of gross floor area;
(2) At fast food restaurants, goverm-nent offices and community centers, and connnietcial
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( l4_
1
9 ORD.NO. 30-14
Any non-residential use within the City's TCEA which, through the development
review process,is determined to generate a demand.
Spaces, 1n-Lieu Fee," shall be amended to read as follows:
(a) The in-lieu fee is authorized only 111 the CBD,, rR�G, and OSSHAD Zoning Districts,in
compliance with the Supplemental District Regulations provisions therein.
(b) Atrangements for payment shall be approved by the City Commission at the 4 ne of the
approval of the in lieu fee.The fee amount shall be based upon the location o e property
for which in-lieu fees are being sought. Area descriptions and coi-respos fee a cults are
Hereby established as follows: (See corresponding map).
j (1) Area 1: Parcels located east of the Intracoastal Watetway w 'ch a zone CBD -
$18,200 per space.
(2) Area 2: Parcels located west of the Intracoastal Wat hi ned CBD er
BI) RE and which are not included within the Pineapple -lain tteet area,West
Atlantic Neighborhood.or Block 69 located in d Old School -e Histotic Arts
District (OSSHAD) - $15,600 per spa(e.
(3) Area 3: Parcels located within the OSS D zo stric xcept for Block 69 as
noted in Area 2; and parcels located e Pinea le Grove Main Street area which
are zoned CBD or GBE) RG - $7,8 sp e.
(4) Area 4: Parcels located with st tic ghUorhood which are zoned CBD -
$4,000 per space.
(c) All proceeds from such a e sh e used r parking or pedestrian/bicycle infiasttuctuie
purposes.
Section 14. That Sectio 6. of d development regulations, "Public Parking Fee,"
shall be amended to r as follot
(a) For to e, loc witivn ' 750' of a prograiruned public parking facility, excluding
proper ed CB , an alternative to providixlg all the required parking
on-s. is t tribute ands the consttuction of the parking facility. The cost per space
s 11 b ase n the location of the property for which the public parking fee is being
ht. -ea des tions and corresponding fee amounts are hereby established as follows:
If ver reason the public parking does not get built the City shall retain the fee to
s e p g or parking maintenance in the quadrant of the City where the development
is d.
Section B. That Section 4.6.16(1 (4) of the land development regulations, "Foundation
Landscaping Requirements," shall be amended to read as follows:
(4) Foundation Landscaping Requirements
j (a) Foundation landscaping shall be required. This shall incorporate trees, shrubs and
groundcovers with the nninimutn requited specifications as set forth in 4.6.16(E).
Multiple tiers of plant material should be utilized and thoughtfully designed to
10 ORD.NO. 30-14
i
accomplish the goal of softening the building mass while adding vibrant color and
textures.
(b) New multi-story structures or landscape imptoyetnents to existing multi-story structures
--- . He Purpuse
requirements is to aesthetically and visually buffer larger structures and to maintain an
appropriately scaled relationship between the height of the structure and its surrounding
landscape.
i Foundation trees with specifications listed in Table 1 shall be planted long the
building facade that faces a Right-of-Wa3T eYCe t in the CBD zo x trict where
alternate landscal2inZ configLitations have been into orated into the Ft a e
Standatds in Section 4.4.13(E).
The spacing of these trees shall be determined based on the erag nopy width
of the proposed tree. These trees shall be spaced app• 'atel o that anopies
shall be touching at average-maturity.
Typical Foundation trees and spacing requirements e in le 2. All trees
listed in Table 2 are examples. Other specs maybe use ng as the spacing
meets the intent of this section.
I
Section 16. That Section 4.6.18(B)(14) of the Ian Iopine tegul ons, "Buildings within.
the Downtown Asea," shall be amended to re s fo vs:
(14) Buildings within the Downtown ea, s nal criteria shall be applicable to
buildings located within the CB , an zoning districts. Buildings
in the CBD have additional standa in tion 4.4.13. In case of conflict, the more
restrictive regulation shall ply. buildi shall comply with the following requirements:
(i) Roofs and Gutt s:
(1) — (2)
(3) F •oofs sha scr ned from adjacent properties and streets with decorative
ara The um height of the parapet wall shall be six feet (6') in height
0- suf z t heig xt to screen all toot mounted equipment,whichever is greater,
easuted the top of the roof deck to the top of the parapet wall. In the
s of sl ed parapet features, they shall be no more than seventy-two inches
(72 Height,project no more than twenty-four inches (24") beyond the face
of building, project no snore than twelve feet (12') into the flat roof area of
d-ie building not covet more than fifty percent (50%) of the flat roof area of the
adding. Exception to the height requirements shall be pursuant to
43.4 [}- -r- Section 4-4.13(Hl.
(4) (5) [Ar0 MANGES]
(ii) Walls:
(1) (2) LINO CHANGES]
(3) Treatment of blank walls:
11 ORD.NO. 30-14
I
(a) Where blank walls are unavoidable due to the requirements of a particular
land use or structural needs, they shall not exceed a lengdl of fifty feet (50'), or
twenty percent (20%) of the length of the building facing the street,whichever
is le
(b) Blank wall sections of allowed lengths shall receive one (4) 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 o et plant
materials over at least 30% of die blank wall surface.
(ii) Control and expansion joints used in a decorative p with led
materials or textures and spaced a rnaxitnurn of t fe er.
Relief and reveal depth,if used in a pattern, sha a r urn of three-
quarter (3/4) inch and shall be a tninimurn 0% scent e blank
wall surface.
(iii) Small setbacks, projections, or indentatio urn depth of
eight inches (S"), or intervals of aterl'al chang -teak up the wall's
surface.
i
(iv) Additional architectural details suc s , medallions, decorative
panels or castings, dec accent es, to vered vents, or public art
i
shall be integrated o e riot w avoid a blank wall appearance.
(iii) Arcades, Porches,Trellises, is ies: (NO CHANGES]
i
(iv) Windows and Doors:
(1) Window and do shut and de native thins and moldings shall be sized to
match the dim ns of all enings.
i
(2) Building faks fa eet r civic open s aces must have transparent windows
j cover tw 0% a 5% of the wall area of each story as measured
be finishe rs. he zxunununa transparency or glass surface area on the
n t .wall ar of all non-residential and mixed-use buildings shall be a
nurn 70% of the wall area for at least 70% of the lengdl of that
e Lion. A efronts or glass areas abutting the street shall be transparent,
no ax or on-mirrored, and have a light transmission reduction of no more
dean percent (20%).
[A10 CHANGES]
see aneous: (NO CHANGES]
(vi) Pat 'ng 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
arclitectural treatment acceptable to the Site flan Review and Appearance Board.
12 ORD.NO. 30-14
i
I
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
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, ailing
garages or the garage portion of the building may request yea
° waiver
from the setback requirements of Section 4.4.13 =3c (f
building three stories) subjec lian with ze
following requirements:
(a) The garage or the garage portion of the buil ' g e z rovid unified
design elements with the main building thr e e zzilar materials
and color,vertical and horizontal elements, and aL tural style.
(b) In OSSHAD and on Secondary Street Clip a A minimum 50% of the
ground floor perimzeter of the garage or ze :don of the building
adjacent to street rights-of-w all be red window displays or floor
area for active uses such a eta res,p oval and business service
establishments, entert " n o etc. s number may be reduced by
the Site Plan Review- nce rd or the Historic Preservation
Board. On Prim
SL th the perimeter of the ara e or the
garage portion e buildhlkdiXnt to street rights-of-way shall be lined b
active uses Sec%c 4.4.1
(c) Archite a ral -es s e incorporated into the facade to mitigate the
boil ulk nd along portions of the building adjacent to street
(viii) ENO GES]
Section 17. zat iron 6.3. of the land development regulations, "Regulations Governing
p g � �' g
the Use, Des n, a annte ante of a Sidewalk Cafe," shall be amended to read as follows:
(1 11\10 ANGES]
s e cafe may only be established in front of the business or along a side street
t to ze business, or in front of public open space plazas adjacent to the business,
and s businesses i_natnediately 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 fi-,-e si=r foot clear pedestrian path is provided and the tables and associated chairs
provide a ininimuin setback of 2' from the vehicular travel lane and associated curbing. This
2' setback does not apply when the tables ate innnediately adjacent to on street parking.
(3) — (4) ]CIO CHANGES]
]3 ORD.NO. 3 0-14
I ii
5 Sidewalk cafe operators shall inaintain a clear pedestrian path of a minirn.uin of f=e six feet
{ ) p p p
(-5 6') at all trines. The€tome six foot (S 6') clear pedestrian path shall be parallel to the street
and/or alley. In the event a fiv-e six foot (-S G) clear pedestrian path adjacent to the curb is
'�-
cafe operator may provide for a€rte e six foot (-C') clear pedestrian path commencing from
the edge of the impediment closest to the building facade for a distance of€tom e six feet (-S 6')
In areas of hi her pedestrian traffic or activi Tor if conditions are
towards the building. �
g g P
such that additional cleatan.ce is required to assure safe pedestrian travel, additional cleat
space shall be required. A clear pedestrian path greater than five six feet 05�' ay be
i n adjacent traffic lane. For sidewalk cafes with e is
required on sidewalks with a
q J
a roved 12rior to e ectim dale of this ordiiiancel the dimensions of a roved odes n vaths
will prevail.
(6) — (11) [N'O CHANGES]
(12) All services provided to patrons of a sidewalk cafe and all pa vi (i.e., si g, dining,
etc.) shall occur within the designated sidewalk cafe area sba Inge on the
required-516' cleat distance for pedestrian passage at any tim . sha e arranged so
that thev do not move into the clear pedestrian VatjLto accornino attons.
(13) — (15) [INTO CHANGES)
Section 18. That Appendix "A" of the land dev pi t regula 'ons, "Defiii-itions," shall be
amended to read as follows:
BUILDTNG HEIGHT The vertical ft ade o the highest finished roof surface of
a flat too r to t etween eaves and ridge for gable,hip,
or gat re ftli CBD zonin district vertical distance
sha efts soffit of a ble 1)jp, or garnbreltoof and
din ht r neasured by stories.
OPEN SPACE CIV t oor that is maintained as an urban atnenity and is
acce le to e general public. Ci�ric open s aces inav be constructed
and rxia ed b overrtuient a encies but are usual r constructed b
ndowi is when they build on the property (see Section 4.4.13(G)).
ens aces typically take die form of a teen, a plaza, a
1 ground, or a square.
ST L A short freestandin wall or 1-ledge e located in line with building facades
or front setbacks.
Section 1 at 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 20. That all ordinances or puts of ordinances in conflict herewith ate hereby repealed.
Section 21. That this ordinance shall become effective upon its adoption on second and final
reading.
14 ORD.NO. 30-14
II
PASSED AND ADOPTED in regular session on second and final reading on this � daIT
of , 2014.
MAYOR
ATTEST:
City Clerk
First Reading: 11/18/2014
I
Second Reading:
I
I
I
I
I
I �I
I I
I
I
15 ORD.NO. 30-14
I
I ORDINANCE NO. 30-14
2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
3 DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
4 REGULATIONS OF THE CITY OF DELRAY BEACH; AMENDING
5 ARTICLE 4.4 "TABLE OF CONTENTS"; AMENDING SECTION 2.2.3(D)
6 "SITE PLAN REVIEW AND APPEARANCE BOARD"; AMENDING
7 SECTION 2.4.5(F) "SITE AND DEVELOPMENT AND MASTER
8 DEVELOPMENT PLANS (MDP)"; AMENDING SECTION 2.4.6(F)
9 "TEMPORARY PARKING LOTS'; AMENDING SECTION 4.1.1(A) "BASE
10 ZONING DISTRICTS"; AMENDING SECTION 4.3.3(I) "COMMUNITY
11 RESIDENTIAL HOMES AND GROUP HOMES"; AMENDING SECTION
12 4.3.3(S) "ANTENNAS NOT LOCATED ON TELECOMMUNICATIONS
13 TOWERS"; AMENDING SECTION 4.3.4(J) "HEIGHT"; AMENDING
14 SECTION 4.3.4(K) "DEVELOPMENT STANDARDS MATRIX";
15 REPEALING SECTION 4.4.28 "CENTRAL BUSINESS DISTRICT —
16 RAILROAD CORRIDOR (CBD-RC)"; AMENDING SECTION 4.6.4(A)
17 "COMMERCIAL ZONING ADJACENT TO RESIDENTIAL ZONING OR
18 ZONING DISTRICTS WITH A THIRTY-FIVE (35) FOOT HEIGHT
19 LIMITATION'; AMENDING SECTION 4.6.9(C)(1) "BICYCLE
20 PARKING"; AMENDING SECTION 4.6.9(E)(3) "LOCATION OF
21 PARKING SPACES, IN-LIEU FEE'; AMENDING SECTION 4.6.9(E)(4)
22 "PUBLIC PARKING FEE"; AMENDING SECTION 4.6.16(H)(4)
23 "FOUNDATION LANDSCAPING REQUIREMENTS'; AMENDING
24 SECTION 4.6.18(B) `BUILDINGS WITHIN THE DOWNTOWN AREA'
25 AMENDING SECTION 6.3.3(F) "REGULATIONS GOVERNING THE USE,
26 DESIGN, AND MAINTENANCE OF A SIDEWALK CAFE"; AMENDING
27 APPENDIX A "DEFINITIONS"; PROVIDING A SAVING CLAUSE, A
28 GENERAL REPEALER CLAUSE,AND AN EFFECTIVE DATE.
29 WHEREAS, the Delray Beach Comprehensive Plan seeks to enhance Delray Beach's compact
30 and vibrant downtown business districts from the Atlantic Ocean to Interstate 95 while retaining the
31 distinctive character of each district; and
32 WHEREAS, the City Commission seeks to update its land development regulations to ensure the
33 highest quality built environment and enhance multi-modal mobility options;
34 WHEREAS, by separate ordinance, the existing land development regulations for the Central
35 Business District are being reorganized and substantially modified to make those regulations
36 understandable to the public,predictable to landowners, and easier for the city to administer; and
37 WHEREAS, certain other portions of the land development regulations need to be adjusted to
38 reflect the new regulations for the Central Business District; and
39 WHEREAS, prior to public hearings before the City Commission, all proposed amendments to
40 the city's land development regulations must be reviewed by the Planning and Zoning Board pursuant to
41 LDR Section 1.1.6. The Planning and Zoning Board reviewed these amendments at a public hearing held
42 on October 6, 2014 and recommended that the City Commission approve these amendments. Pursuant to
43 Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency,
44 has determined these amendments to be consistent with the Delray Beach Comprehensive Plan; and
1 ORD.NO. 30-14 (draft December], 2014)
45 WHEREAS, the City Commission, at duly noticed public hearings on 12014,
46 and on , 2014, received and considered comments from the Planning and Zoning Board
47 and from the public, and gave careful consideration to all aspects of this ordinance; and
48 WHEREAS, the City Commission has determined it to be in the best interest of the City of
49 Delray Beach that the land development regulations be amended as described in this ordinance.
50 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF DELRAY
51 BEACH,AS FOLLOWS:
52 Section 1. That the Table of Contents of the land development regulations shall be amended to read as
53 follows:
54 ARTICLE 4.4 BASE ZONING DISTRICT.........................................................4.4- 1
55 NOTE: Each individual zoning district, except Central Business District, is structured as follows:
56 (A) Purpose
57 (B) Principal Uses and Structures Permitted
58 (C) Accessory Uses and Structures Permitted
59 (D) Conditional Uses and Structures Allowed
60 (E) Review and Approval Process
61 (F) Development Standards by Reference to 4.3.4
62 (G) Supplemental District Regulations by Reference to Article 4.6
63 (H) Special Regulations, as appropriate
64 Section 2. That Section 2.2.3 of the land development regulations, "Site Plan Review and
65 Appearance Board,"shall be amended to read as follows:
66 (D) Duties,Powers,and Responsibilities:
67 (1)The Board hereby has the authority to take action on the following items pursuant to the
68 procedures and standards of the LDR:
69 (a) Certain site and development plans, as provided in this Code
70 (b) Granting of relief from the number of parking spaces required for specific uses pursuant to
71 Section 4.6.9(F)(1).
72 (c) Granting of relief to Section 4.6.16 through the waiver process [Section 2.4.7(B)]
73 (d) Preliminary and final landscape plans
74 (e) Master Sign Programs
75 (f) Signage as allowed by Section 4.6.7
76 (g) Appeal of administrative interpretations made in application of the sign code and the
77 landscaping code
78 (h) Architectural elevations
79 (i) Streetscape and landscape features (e.g. walls,fences, lighting, dumpster enclosures, etc.)
80 (j) Recommendations to the city commission regarding the Incentive Program in the CBD.
81 (2)—(3) [NO CHANGES]
2 ORD.NO. 30-14 (draft December], 2014)
82 Section 3. That Section 2.4.5(F)of the land development regulations, "Site and Development and
83 Master Development Plans (MDP)," shall be amended to read as follows:
84 (F) Site and Development and Master Development Plans (MDP):
85 (1)—(2) [NO CHANGES]
86 (3) Procedure: A site and development plan shall be processed through the following sequence:
87 (a) Receipt and certification as complete;
88 (b) Consideration at a public meeting before the Planning and Zoning Board,the Site Plan
89 Review and Appearance Board, or the Historic Preservation Board as appropriate, at
90 which time action may be taken.
91 (c) For Class V site plan applications that include a request under the CBD's Incentive
92 Program (see Section 4.4.13(H)): final action before the City Commission, after
93 receiving a recommendation from the Site Plan Review and Appearance Board.
94 (4)—(7) [NO CHANGES]
95 Section 4. That Section 2.4.6(F)(3)(e)l. of the land development regulations, "Temporary Parking
96 Lots,"shall be amended to read as follows:
97 1. A temporary parking lot may be permitted within the following areas:
98 a. the portion of the Central Business District(CBD) and Community Facilities (CF)District
99 which is bounded by Swinton Avenue on the west,the Intracoastal Waterway on the east,
100 N.E. 2nd Street on the north, and S.E. 2nd Street on the south;
101 b. the portion of the CBD and GBP RG District which is bounded by N.E. 2nd Avenue on the
102 west,the FEC Railway on the east,N.E. 2nd Street on the south, and N.E. 4th Street on the
103 north;
104 c. the portion of the CBD located east of the Intracoastal Waterway;
105 d. the non-residential zoning districts bounded by Swinton Avenue on the east, I-95 on the west,
106 N.W. 1st Street on the north, and S.W. 1st Street on the south.
107 Section 5. That Section 4.1.1(A) of the land development regulations, "Base Zoning Districts," shall
108 be amended to read as follows:
109 (A) Base Zoning Districts: These "Base Zoning Districts"are applied to specific parcels of land,for
110 the reasons as stated in Section 4.1.1, specifically as they related to land use and design.
111 A Agriculture
112 RR Rural Residential
113 R-1-AAA Single Family Residential
114 R-1-AAAB Single Family Residential
115 R-1-AA Single Family Residential
116 R-1-AAB Single Family Residential
117 R-1-A Single Family Residential
118 R-1-AB Single Family Residential
119 MH Mobile Home
120 RL Low to Medium Density Residential
121 RM Medium to Medium High Density Residential
3 ORD.NO. 30-14 (draft December], 2014)
122 PRD Planned Residential Development
123 GC General Commercial
124 AC Automotive Commercial
125 NC Neighborhood Commercial
126 PC Planned Commercial
127 CBD Central Business District
128 RT Resort/Tourism
129 POC Planned Office Center
130 POD Professional and Office District
131 RO Residential Office
132 PCC Planned Commerce Center
133 MIC Mixed Industrial and Commercial
134 I Industrial
135 CF Community Facilities
136 OS Open Space
137 CD Conservation District
138 OSSHAD Old School Square Historic Arts District
139 SAD Special Activities District
140 LI Light Industrial
141 OSR Open Space and Recreation
142 G B P IR G Gef4fal Bush ess pis, ri4 Rail.,.a Ge ff-ide
143 Section 6. That Section 4.3.3(l)(4)(d) of the land development regulations, "Community Residential
144 Homes and Group Homes," shall be amended to read as follows:
145 (d) Community Residential Homes and Group Homes shall be allowed as a permitted or conditional
146 use in the following zoning districts:
Z O N I N G DISTRICTS
TYPE OF
REST- AR- 1 RL RM PRD O SOHAD CBD, CF GC PC QRD RQ
DENCE
Group
Home, Permitted Permitted Permitted Permitted Permitted Not Permitted Permitted p ,
Type 1 Permitted
Community
Not Conditional Not Conditional Conditional Conditional Conditional Seaditieaal
Residential Permitted Use Permitted Permitted Use Use Use Use 460
Home
Group
Not Conditional Not Conditional Conditional Conditional Conditional Seadi4ieNa1
Home, Permitted Use Permitted Permitted Use Use Use Use Ilse
Type 2
147 Section 7. That Section 4.3.3(S)(3) of the land development regulations, "Antennas Not Located on
148 Telecommunications Towers,"shall be amended to read as follows:
149 (a) Non stealth and stealth antennas mounted on rooftops,buildings, or other structures which
150 constitute a principal use,are a permitted use in the following zoning districts, subject to the
151 limitations and requirements contained herein:
152 1. Medium Density Residential(RM)
153 2. General Commercial(GC)
4 ORD.NO. 30-14 (draft December], 2014)
154 3. Central Business District(CBD)
155 4 Gef4r-al Business T istr-i + Railroad Ge-r-id,-(GBP RG)
156 4.4. Automotive Commercial(AC)
157 5.6. Planned Commercial (PC)
158 6.-7. Resort/Tourism (RT)
159 T-9. Planned Office Center(POC)
160 8.4. Professional and Office District(POD)
161 9.44. Planned Commerce Center(PCC)
162 10.44. Mixed Industrial and Commercial(MIC)
163 11.4-2. Industrial (I)
164 12.44. Light Industrial(LI)
165 13.44. Community Facilities (CF)
166 14.4-5. Open Space and Recreation(OSR)
167 Section 8. That Section 4.3.40 of the land development regulations, "Height," shall be amended to
168 read as follows:
169 (1) Defined: The vertical distance from grade to the highest finished roof surface of a flat roof or to
170 the mean level between tie beams and ridge for gable,hip, or gambrel roofs. The height set forth
171 in the matrix is the maximum height for all structures within the respective zone district except as
172 provided for in Subsection 4.3.4(])(3)&(4) and for the CBD zoning district as provided for in
173 Subsection 4.4.13(D)(1)(a).
174 (2) Basis for Measurement:
175 (a) For buildings adjoining one street,the grade is established from the mean elevation of the
176 crown of the street along the lot frontage.
177 (b) For buildings adjoining more than one street,the grade is established as the average of the
178 mean elevation of the crown of the adjoining streets.
179 (c) When applied to single family detached dwelling units, less than three stories,within
180 residentially zoned districts,the grade is established as the mean elevation of the finished
181 surface of the ground adjacent to the exterior walls of the building. Under no circumstance
182 shall the grade be higher in elevation than the highest point of the unaltered dune or the
183 crown of the street.
184 (d) Within the CBD zoning district,building height is also measured by stories. See Section
185 4.4.13(D)(1)(a).
186 (3) Exceptions to District Height Limitations: [NO CHANGES]
187 (4) Increases to Height Regulations:
188 (a) Prohibitions: [NO CHANGES]
189 (b) Allowances: An increase,to a maximum height of sixty feet(60'),may be approved by the
190 City Commission in any zone district not listed above,except for the CBD zoning district,
191 when approved pursuant to the processing of a conditional use request and based upon a
192 finding of compliance with each of enumerated criteria listed below, as applicable.
193 (i) That the structure is to be located in one of the following geographic areas:
194 (1)-(5) [NO CHANGES]
5 ORD.NO. 30-14 (draft December], 2014)
195 (6) Area "F" - the property located between the one-way pair system of Federal
196 Highway (5th and 6th Avenues), except for property located in the CBD zoning
197 district. (7)— (8) [NO CHANGES]
198 (9) Area"t" a4l pr-epeFt., T;+i i the Gef4r-al Core pe4ior of the GBP (Geftr-al
199 Business Pistfia), &ieept for-that pei4ion within 150'of afi�,zening distr-iet Whiek
200 has . mwEimttm i,oig4t limit of 35',meastir-ed 4 the p peA lino of the GBP
201 zened„ pe Reserved.
202 (10)— (11) [NO CHANGES]
203 (ii) — (iii) [NO CHANGES]
204 (iv) That the increase in height shall be allowed if two or more of subsections 4.3.4(J)iv(1),
205 (2) or(3) are met:
206 (1) That for each foot in height above 48 feet, an additional building setback of two
207 feet is provided from the building setback lines which would be established for a
208 48-foot tall structure. The additional setback is required from all setback lines (i.e.,
209 front, side, and rear) for the portion of the building that extends above 48 feet. In
210
211 ;
212 (2) That a minimum of 50% of the ground floor building frontage consist of
213 nonresidential uses (excluding parking);
214 (3) That open areas, such as courtyards,plazas, and landscaped setbacks,be provided
215 in order to add interest and provide relief from the building mass.
216 (5) Special Activity Districts: [NO CHANGES]
6 ORD.NO. 30-14 (draft December], 2014)
217
218 Section 9. That Section 4.3.4(K) of the land development regulations, "Development Standards
219 Matrix," shall be amended to read as follows:
N 0
O N
0 -_ E v _ --
o .1 co
E 3 = U) O
O
a - N o
Z
Z J Z Q Z Z Z Q Z Z Q Z Q Z Z U
w ro
0
O
w x a a a m a a a a m a a ro
x
Wo $ 0 0 0 0 0 0 $
W O o z O z
W
O_
O N �_ O O 10 Q
f0 H N M Z O r Z
Z r
00 ~
H rn
y H
WO 1D 'D o o Q o u� u� u� o o Q
/F-
L)/� � .'�... V Z M N N N M LL� z
LL N
_ W
�,
z z z z z z z z z
� W
0 a
0 �
z O
Z LL Q N Z Z Z Z Z Z Z Z Z Z Z
Z � O
0 M W w U
N F m m m m m m m m m m
J O w o 0 0 0 0 0 0 0 o m o
F- U m
°0 0
Z N N N > O O) Z
W W V V V V O t N
CO p Z o °o ° o °o Q o °� .�°- o °o °o °� o $ $ $ O Q
o z
W z t Y
W U V U U U L m
LL Y
N N N N N
Z W ' W L 2 O
o
OO
Z H O O O Q O O O Q O a 0 N N
2 Q W V O O O O O O Z O O O O O O O O Z T D � 0 O >O
D O O N w O d
1 0 0 0 0
O D w O O O O Z O O O O O O Z W O) N 0 a
-
N O
O W W W 0 E N N
Q U) H W d' O CY CY O O 3 c a "O
O N o o U o o U U
0
0
VI (6 N -
Q N 0 O = E o
E o
n = U m :E m m �°, d
o w V c °w A °
o v U U m o
U O U O O U U)y
O
Z N Y O
aE E m m a m N
W
W S
m E E
o�JO>o
n>T E
E m
E u m u E
Z n o U
E W O> -
T E M W o E m �c o
CL E U U U E d v
0 E o E c y E o U O v 0 U m �J ` O O O A A N W U N O d'\ E E J E c c m '
LU
` 1 j ,Pecejn&6E 0
1, 2014)U z a U
220 Section 10. That Section 4.4.28 of the land development regulations, "Central Business District—
221 Railroad Corridor (CBD-RC),"is hereby repealed in its entirety. Section 4.4.28 will be marked as
222 "Reserved"in Section 4 and in the table of contents.
223 Section 11. That Section 4.6.4(A) of the land development regulations, "Commercial Zoning
224 Adjacent to Residential Zoning or Zoning Districts with a Thirty-five(35)Foot Height Limitation,"
225 shall be amended to read as follows:
226 (A) Commercial Zoning Adjacent to Residential Zoning or Zoning Districts with a Thirty-five
227 (35) Foot Height Limitation:
228 (1) Properties subject to the development standards of the Central Business District(CBD) shall
229 comply with the following:
230 (a) Where the rear or side of a property directly abuts a zoning district with a height
231 limitation of thirty-five feet(35')without any division or separation between them of
232 thirty feet(30) or more, such as a street,alley,railroad,waterway,park, or other public
233 open space,the following shall apply:
234 (i) For buildings or portion of the buildings three stories or less in
235 height, a ten foot(10') minimum building setback from the property line shall be
236 provided.
237 (ii) For buildings above three stories in height, at the top of the
238 third story,minimum side and rear building setbacks of 30 feet shall be provided-a
239 twei#y two feet(12'`minimum building sethael from the property line sha4l be
240 for the portion of the building that is over three stories
241 { }in height.
242 (iii)A solid finished masonry wall six feet in height, or a continuous hedge at least 4-1/2
243 feet in height at the time of installation, shall be located inside and adjacent to the
244 portion of the boundary line of the CBD-zoned property which directly
245 abuts the residentially zoned property.Walkways and other pedestrian or bicycle
246 connections shall be placed through the wall or hedge if they provide links identified
247 on any adopted bicycle and pedestrian master plan or if SPRAB determines the
248 would promote desirable connectivity between properties. if a W ,, is used,4 sh ,'
249
250
251 .
252 Section 12. That Section 4.6.9(C)(1)(c) of the land development regulations, "Bicycle Parking," shall
253 be amended to read as follows:
254 (c) Bicycle Parking: Bicycle parking facilities shall be provided in a designated area and by a fixed
255 or stationary bike rack for the following uses:
256 (1) In shopping centers at the rate of five (5) spaces per 100,000 sq. ft. of gross floor area;
257 (2) At fast food restaurants, government offices and community centers, and commercial and
258 private recreation facilities at the rate of five (5) spaces per facility.
259 (3) For all uses in the CBD zoning district, see Section 4.4.13(I)(4).
260 (4) Any non-residential use within the City's TCEA which, through the development review
261 process,is determined to generate a demand.
8 ORD.NO. 30-14 (draft December], 2014)
262 Section 13. That Section 4.6.9(E)(3) of the land development regulations, "Location of Parking
263 Spaces,In-Lieu Fee," shall be amended to read as follows:
264 (a) The in-lieu fee is authorized only in the CBD,, GRC-, and OSSHAD Zoning Districts,in
265 compliance with the Supplemental District Regulations provisions therein.
266 (b) Arrangements for payment shall be approved by the City Commission at the time of the approval
267 of the in-lieu fee. The fee amount shall be based upon the location of the property for which in-
268 lieu fees are being sought. Area descriptions and corresponding fee amounts are hereby
269 established as follows: (See corresponding map).
270 (1) Area 1: Parcels located east of the Intracoastal Waterway which are zoned CBD -$18,200
271 per space.
272 (2) Area 2: Parcels located west of the Intracoastal Waterway which are zoned CBD or-CBP
273 RC and which are not included within the Pineapple Grove Main Street area,West Atlantic
274 Neighborhood or Block 69 located in the Old School Square Historic Arts District
275 (OSSHAD) -$15,600 per space.
276 (3) Area 3: Parcels located within the OSS14AD zoning district,except for Block 69 as noted in
277 Area 2; and parcels located within the Pineapple Grove Main Street area which are zoned
278 CBD^r CBP -$7,800 per space.
279 (4) Area 4: Parcels located within the West Atlantic Neighborhood which are zoned CBD -
280 $4,000 per space.
281 (c) All proceeds from such a fee shall be used for parking or pedestrian/bicycle infrastructure
282 purposes.
283 Section 14. That Section 4.6.9(E)(4) of the land development regulations, "Public Parking Fee,"shall
284 be amended to read as follows:
285 (a) For properties located within 64W 750' of a programmed public parking facility, excluding
286 property zoned CBD .44-4/...CRT' n r an alternative to providing all the required parking on-site
287 is to contribute towards the construction of the parking facility. The cost per space shall be based
288 upon the location of the property for which the public parking fee is being sought.Area
289 descriptions and corresponding fee amounts are hereby established as follows: If for whatever
290 reason the public parking does not get built the City shall retain the fee to provide parking or
291 parking maintenance in the quadrant of the City where the development is located.
292 Section 15. That Section 4.6.16(H)(4) of the land development regulations, "Foundation Landscaping
293 Requirements," shall be amended to read as follows:
294 (4) Foundation Landscaping Requirements
295 (a) Foundation landscaping shall be required. This shall incorporate trees, shrubs and
296 groundcovers with the minimum required specifications as set forth in 4.6.16(E). Multiple
297 tiers of plant material should be utilized and thoughtfully designed to accomplish the goal of
298 softening the building mass while adding vibrant color and textures.
299 (b) New multi-story structures or landscape improvements to existing multi--std structures shall
300 adhere to the landscape requirements set forth in this section. The purpose of these
301 requirements is to aesthetically and visually buffer larger structures and to maintain an
302 appropriately scaled relationship between the height of the structure and its surrounding
303 landscape.
9 ORD.NO. 30-14 (draft December], 2014)
304 (i) Foundation trees with specifications listed in Table 1 shall be planted along the building
305 facade that faces a Right-of-Way, except in the CBD zoning district where alternate
306 landscapin _g configurations have been incorporated into the Frontage have been incorporated into the Frontage Standards in
307 Section 4.4.13(E).
308 kW The spacing of these trees shall be determined based on the average canopy width of the
309 proposed tree. These trees shall be spaced appropriately so that the canopies shall be
310 touching at average maturity.
311 JiW Typical Foundation trees and spacing requirements are listed in Table 2. All trees listed
312 in Table 2 are examples. Other species may be used so long as the spacing meets the
313 intent of this section.
314 Section 16. That Section 4.6.18(B)(14) of the land development regulations, "Buildings within the
315 Downtown Area,"shall be amended to read as follows:
316 (14) Buildings within the Downtown Area: These additional criteria shall be applicable to
317 buildings located within the CBD;and OSSHAD, and GBP IR zoning districts. Buildings in the
318 CBD have additional design standards in Section 4.4.13. In case of conflict,the more restrictive
319 regulation shall apply. All buildings shall comply with the following requirements:
320 (i) Roofs and Gutters:
321 (1)—(2) [NO CHANGES]
322 (3) Flat roofs shall be screened from adjacent properties and streets with decorative
323 parapets. The maximum height of the parapet wall shall be six feet(6)in height or
324 sufficient height to screen all roof mounted equipment,whichever is greater,
325 measured from the top of the roof deck to the top of the parapet wall. In the cases of
326 sloped parapet features,they shall be no more than seventy-two inches (72") in
327 height,project no more than twenty-four inches (24")beyond the face of the
328 building,project no more than twelve feet(12)into the flat roof area of the building
329 nor cover more than fifty percent(50%) of the flat roof area of the building.
330 Exception to the height requirements shall be pursuant to Soe-t e " 4(J)-of Section
331 4.4.13(H).
332 (4)—(5) [NO CHANGES]
333 (ii) Walls:
334 (1)—(2) [NO CHANGES]
335 (3) Treatment of blank walls:
336 (a) Where blank walls are unavoidable due to the requirements of a particular land
337 use or structural needs,they shall not exceed a length of fifty feet(50'), or twenty
338 percent(20%) of the length of the building facing the street,whichever is less.
339 (b) Blank wall sections of allowed lengths shall receive eiie-(1)two 2 or more of the
340 following special design treatments in order to increase pedestrian comfort or
341 create visual interest:
342 (i) Vertical trellis in front of the wall with climbing vines or other plant
343 materials over at least 30%of the blank wall surface.
344 (ii) Control and expansion joints used in a decorative pattern with varied
345 materials or textures and spaced a maximum of ten feet(10') on center.
346 Relief and reveal depth, if used in a pattern, shall be a minimum of three-
10 ORD.NO. 30-14 (draft December], 2014)
347 quarter(3/4)inch and shall be a minimum of 30%percent of the blank wall
348 surface.
349 (iii) Small setbacks,projections,or indentations with a minimum depth of eight
350 inches (8"), or intervals of material change to break up the wall's surface.
351 (iv) Additional architectural details such as pilasters,medallions, decorative
352 panels or castings, decorative accent tiles, louvered vents, or public art shall
353 be integrated on any exterior wall to avoid a blank wall appearance.
354 (iii) Arcades,Porches, Trellises,Loggias and Balconies: [NO CHANGES]
355 (iv) Windows and Doors:
356 (1) Window and door shutters and decorative trims and moldings shall be sized to match
357 the dimensions of the wall openings.
358 (2) Building fagades facing streets or civic open spaces must have transparent windows
359 covering between 20%and 75%of the wall area of each story as measured between
360 finished floors. The minimum transparency or glass surface area on the ground floor
361 wall area of all non-residential and mixed-use buildings shall be a minimum of 7570%
362 of the wall area for at least 70%of the length of that elevation. All storefronts or glass
363 areas abutting the street shall be transparent,non-solar or non-mirrored, and have a
364 light transmission reduction of no more than twenty percent(20%).
365 (3)—(5) [NO CHANGES]
366 (v) Miscellaneous: [NO CHANGES]
367 (vi) Parking garages: Above ground parking garages shall comply with the architectural
368 requirements of this Section and the following additional requirements:
369 (1) Ramps shall be visually screened from streets and adjacent residential zoning districts
370 and oriented towards the interior of the lot within a project where possible. Ramp
371 profiles shall be hidden on the exterior elevations.
372 (2) Roof top parking shall be visually screened with articulated parapet walls or other
373 architectural treatment acceptable to the Site Plan Review and Appearance Board.
374 Exterior lighting shall utilize fixtures provided with cut-off shielding in order to
375 eliminate glare and spillage onto adjacent properties and roadways.
376 (3) The openings of the garage shall be designed in a manner that obscures parked
377 vehicles. Decorative architectural elements on the ground floor level shall be designed
378 to accommodate the pedestrian scale. Parking levels above the ground floor shall
379 maintain the same vertical and horizontal articulation or rhythm and incremental
380 appearance established on the ground floor.
381 (4) Due to the requirements of a particular land use or structural needs,parking garages or
382 the garage portion of the building may request
383 . . ffief4s (4e a ffi&6ffittffi ef 100-4 fef a4l fleef#ef a waiver from the setback
384 requirements of Section 4.4.13fP)`F�(for portions of the building .,be e t- epA A
385 €eet three stories) subject to compliance with the following requirements:
386 (a) The garage or the garage portion of the building elevation provides unified design
387 elements with the main building through the use of similar materials and color,
388 vertical and horizontal elements, and architectural style.
389 (b) In OSS14AD and on Secondary Streets in the CBD, a A minimum 50%ofthe
390 ground floor perimeter of the garage or the garage portion of the building adjacent
11 ORD.NO. 30-14 (draft December], 2014)
391 to street rights-of-way shall be devoted to window displays or floor area for active
392 uses such as retail stores,personal and business service establishments,
393 entertainment, offices, etc. This number may be reduced by the Site Plan Review
394 and Appearance Board or the Historic Preservation Board. On Primary Streets in
395 the CBD,the perimeter of the garage or the garage portion of the building adj acent
396 to street rights-of-way shall be lined by active uses (see Section 4.4.13(C)).
397 (c) Architectural features shall be incorporated into the facade to mitigate the
398 building's mass and bulk and along portions of the building adjacent to street
399 rights-of-way.
400 (vii) [NO CHANGES]
401 Section 17. That Section 6.3.3(F) of the land development regulations, "Regulations Governing the
402 Use,Design, and Maintenance of a Sidewalk Cafe,"shall be amended to read as follows:
403 (1) [NO CHANGES]
404 (2) A sidewalk cafe may only be established in front of the business or along a side street adjacent to
405 the business,or in front of public open space plazas adjacent to the business, and such businesses
406 immediately adjacent to the business with which the sidewalk cafe is associated. The sidewalk
407 cafe shall not be established adjacent to a travel lane or on-street parking,unless there is no
408 ability to establish a sidewalk cafe adjacent to the storefront, in which case a sidewalk cafe may
409 be located adjacent to a traffic lane or street parking as long as a e six foot clear pedestrian
410 path is provided and the tables and associated chairs provide a minimum setback of-22 5'from the
411 vehicular travel lane and associated curbing. This-22 5' setback does not apply when the tables
412 are immediately adjacent to on street parking.
413 (3)—(4) [NO CHANGES]
414 (5) Sidewalk caf6 operators shall maintain a clear pedestrian path of a minimum of fWe six feet(�
415 6') at all times. The€rye six foot(4 6')clear pedestrian path shall be parallel to the street and/or
416 alley. hl the event a fie six foot(4 6') clear pedestrian path adjacent to the curb is interrupted by
417 street furniture,trees,tree grates or similar impediments,then the sidewalk cafe operator may
418 provide for a fig six foot(_'�6') clear pedestrian path commencing from the edge of the
419 impediment closest to the building facade for a distance of fie six feet(4!6')towards the
420 building. In areas of higher pedestrian traffic or activity or if conditions are such that additional
421 clearance is required to assure safe pedestrian travel, additional clear space shall be required. A
422 clear pedestrian path greater than fie six feet(4 6')may be required on sidewalks with an
423 adjacent traffic lane. For sidewalk caf6s with permits approved prior to Leffective date of this
424 ordinance J,the dimensions of approved pedestrian paths will prevail until the next permit
425 renewal.
426 (6)—(11) [NO CHANGES]
427 (12) All services provided to patrons of a sidewalk caf6 and all patron activity(i.e., sitting, dining,
428 etc.) shall occur within the designated sidewalk cafe area, and shall not impinge on the required
429 4!6' clear distance for pedestrian passage at any time. Chairs shall be arranged parallel to the
430 clear pedestrian path so that they do not encroach into the clear pedestrian path to accommodate
431 atp rons.
432 (13)—(15) [NO CHANGES]
12 ORD.NO. 30-14 (draft December], 2014)
433 Section 18. That Appendix"A"of the land development regulations, "Definitions," shall be amended
434 to read as follows:
435 BUILDING HEIGHT The vertical distance from grade to the highest finished roof surface of a
436 flat roof or to the mean level between eaves and ridge for gable,hip, or
437 gambrel roofs.Within the CBD zoning district,vertical distance shall be
438 measured to the soffit of a gable,hip, or gambrel roof and building g height
439 is also measured by stories.
440 OPEN SPACE, CIVIC An outdoor space that is maintained as an urban amenity and is accessible
441 to the e�public. Civic open spaces may be constructed and
442 maintained by government agencies but are usually constructed by
443 landowners when they build on the property(see Section 4.4.13(G)). Civic
444 open spaces typically take the form of a green, a plaza, a playground, or a
445 square.
446 STREETWALL A short freestanding wall or hedge located in line with building facades or
447 front setbacks.
448 Section 19. That should any section or provision of this ordinance, or any paragraph, sentence, or word
449 thereof, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
450 validity of the remainder of this ordinance as a whole or part thereof other than the part declared to be
451 invalid
452 Section 20. That all ordinances or parts of ordinances in conflict herewith are hereby repealed.
453 Section 21. That this ordinance shall become effective upon its adoption on second and final reading.
454 PASSED AND ADOPTED in regular session on second and final reading on this day of
455 12014.
456
457 MAYOR
458 ATTEST:
459
460 City Clerk
461 First Reading:
462 Second Reading:
13 ORD.NO. 30-14 (draft December], 2014)
Coversheet Page 1 of 2
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Planning and Zoning Department
THROUGH: Terry Stewart, Interim City Manager
DATE: October 24, 2014
SUBJECT: AGENDA ITEM 10.D.-REGULAR COMMISSION MEETING OF NOVEMBER 18,2014
ORDINANCE NO.30-14(FIRST READING/FIRST PUBLIC HEARING)
BACKGROUND
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
http://itwebapp/Agendalntranet/Bluesheet.aspx?ItemID=8523&MeetingID=538 12/4/2014
Coversheet Page 2 of 2
Landscape regulations in the downtown
Buildings within the downtown area
Use, design and maintenance of sidewalk cafes
The Planning and Zoning Board reviewed the proposed amendment at a special meeting held on
October 6, 2014 and recommended approval on a vote of 6 to 0.
LEGAL DEPARTMENT REVIEW
Approved as to form and legal sufficiency.
DISCUSSION
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. 29-14) that updates the regulations in the Central Business District.
TIMING OF THE REQUEST
First Reading of the subject item is to occur on November 18, 2014. If passed on first reading, the
second reading will occur on December 2, 2014.
RECOMMENDATION
By motion, approve on first reading Ordinance No. 30-14, 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.
http://itwebapp/Agendalntranet/Bluesheet.aspx?ItemID=8523&MeetingID=538 12/4/2014
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING DATE: OCTOBER 6, 2014
AGENDA NO: IV. B.
AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR), BY AMENDING VARIOUS
SECTIONS THAT REQUIRE ADJUSTMENTS TO BE CONSISTENT
WITH THE PENDING REPEAL AND REPLACEMENT OF THE CBD
REGULATIONS.
ITEM BEFORE THE BOARD
The item before the Board is to make a recommendation to the City Commission regarding a
city-initiated amendment to a variety of sections of the Land Development Regulations (LDRs)
that are necessary to ensure consistency with the broader companion ordinance that will "repeal
and replace" the current regulations governing development in the Central Business District.
This item is being processed in accordance with LDR Section 2.4.5(M), Amendment to the Land
Development Regulations.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
BACKGROUND
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.
HIGHLIGHTS
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
1
Planning and Zoning Board Staff Report of October 6, 2014
City-Initiated LDR Text Amendment-Housekeeping items resulting from CBD rewrite
• In-lieu parking fee
• Public parking fee
• Landscape regulations in the downtown
• Buildings within the downtown area
• Use, design and maintenance of sidewalk cafes
REQUIRED FINDINGS
Comprehensive Plan Conformance
LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the
text amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan. The following specific sections are relevant:
Objective A-5
The City shall maintain its Land Development Regulations, which shall be regularly reviewed
and updated, to provide timely, equitable and streamlined processes including, but not limited
to, building permit processes for residential developments and to accommodate mixed-use
developments, and other innovative development practices.
The purpose of this ordinance is to bring a variety of LDR sections into consistency with the
amendments resulting from the pending, concurrent ordinance that will `repeal and replace' the
current development regulations in the Central Business District. The broader changes to the
Central Business District create the need to amend other sections of the LDRs where they are
referenced.
Courtesy Notices
Courtesy notices were provided to the following homeowner and civic associations:
• Neighborhood Advisory Council
• Alliance of Delray
ASSESSMENT/NEXT STEPS
This ordinance includes changes to various sections of the LDRs necessary as a result of the
`repeal and replace' ordinance which made significant changes to the regulations in the Central
Business District.
Tentative dates for City Commission action are November 4, 2014 (First Reading) and
November 18, 2014 (Second Reading).
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Move a recommendation of approval to the City Commission of the amendment to Land
Development Regulations 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)";
2
Planning and Zoning Board Staff Report of October 6, 2014
City-Initiated LDR Text Amendment-Housekeeping items resulting from CBD rewrite
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 SECTION4.3.3(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
SECTION6.3.3(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 text
amendment and approval thereof is consistent with the Comprehensive Plan and meets the
criteria set forth in LDR Section 2.4.5(M)
C. Move a recommendation of denial to the City Commission of the amendment to Land
Development Regulations, 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 SECTION4.3.3(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 SECTION6.3.3(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 text amendment and approval thereof is
inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR
Section 2.4.5(M) (motion to be made in the affirmative).
3
Planning and Zoning Board Staff Report of October 6, 2014
City-Initiated LDR Text Amendment-Housekeeping items resulting from CBD rewrite
RECOMMENDED ACTION
Recommend approval to the City Commission of the amendment to Land Development
Regulations 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 SECTION4.3.3(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 SECTION6.3.3(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 text amendment and approval thereof is consistent with the Comprehensive Plan
and meets the criteria set forth in LDR Section 2.4.5(M).
Attachments:
■ Draft Ordinance
4
5/1/2015 Coversheet
MEMORANDUM
TO Mayor and City Commissioners
FROM- Terry Stewart,, Interim City Manager
DATE: December 4,, 2014
SUBJECT. AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF DECEMBER 9., 2014
ORDINANCE NO. 30-14 (SECOND READING/SECOND PUBLIC HEARING
BACKGROUND
This ordinance is before Commission for second reading and second public hearing to Consider a 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
I "Site And Development and Master Development Plans (MDP)
Board amending Section 2.4.5(F),, 1
amending Section 2.4.6(F), "Temporary Parking Lots amending Section 4.1.1(A), "Base Zoning
Districts"; amending Section 4.3.3(l), "Community Residential Homes And Group Homes amending
Section 4.3.3(5),, "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 (3 S) 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 Caff"; and amending
Appendix A, "Definitions".
LEGAL DEPARTMENT REVIEW
Ordinance No. 30-14 has met all legal advertisement requirements.
DISCUSSION
At the first reading on November 18,, 2014, the Commission passed Ordinance No. 30-14.
RECOMMENDATION
Recommend approval of Ordinance No. 30-14 on second and final reading.
http*Hitwebapp/Agendaintranet/Bluesheet.aspx?ltemlD=8667&MeetingID=540