Ord 29-14 (Withdrawn) 5/9/2015 itwebapp/NovusAgenda/Preview.aspx?Item[D=8581 Weeting[D=542
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MEMORANDUM
TO Mayor and City Commissioners
FROM: Donald B. Cooper, City Manager
DATE: December 11, 2014
SUBJECT: AGENDA ITEM 10.A.- MEETING OF JANUARY 20.2015
ORDINANCE NO. 29-14 (SECOND READING/SECOND PUBLIC HEARING
BACKGROUND
Consider a city-initiated amendment to the Land Development Regulations of the City of Delray Beach;
repealing and replacing Section 4.4.13, "Central Business District (CBD)", with new zoning
regulations. (THE CITYATTORNEYHAS REQUESTED THAT THIS ITEM BE WITHDRAWN)
LEGAL DEPARTMENT REVIEW
Advertisements for this item have met legal requirements.
DISCUSSION
At the first reading and first public hearing on November 18, 2014, the Commission passed Ordinance
No. 29-14.
RECOMMENDATION
http://itwebapp/NovusAgenda/Preview.aspx?ltem[D=8589& eeting[D=542 1/9
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ORDINANCE NO. 29-14
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH; REPEALING AND REPLACING SECTION
4.4.13 "CENTRAL BUSINESS DISTRICT (CBD)" WITH NEW
ZONING REGULATIONS; PROVIDING A SAVING CLAUS ,
A GENERAL REPEALER CLAUSE, AND AN EFFEC IVE
DATE.
WHEREAS, the Delray Beach Comprehensive Plan seeks o er nce a Beach's
compact and vibrant downtown business districts from dae Atlan ' t Inters e 95 while
retaining the distinctive character of each district; and
WHEREAS, the City Commission seeks to update its land pment regulations to
ensure the highest quality built environment and enhance in ' nodal raaobili options; and
WHEREAS, the existing land development regula ns Central Business District
need to be reorganized and substantially modifie aloe th tegr tions understandable to the
public, predictable to landowners, and easier fo e ci o adi s r; and
WHEREAS, prior to public hearings City Commission, all proposed
amendments to the city's land develo a s must be reviewed by the Planning and
Zoning Board pursuant to LDR Se n 1.1.6. e Wing and Zoning Board reviewed these
amendments at a public hearizag h o ctober 20 4 and tecorxanaended on a vote of 6-0 that
the City Commission approve ainei ents utsuant to Floizda Stalwes 163.3174(4)(c), the
Planning and Zoning Boa sit ' as ocal Planning Agency, has determined these
amendments to be consist t a Teach Comprehensive Plan; and
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WHEREAS, City C ssi , at duly noticed public hearings on ,
2014, and on 20 eceived and considered comments from the Planning and
Zoning Board a fr to th ubhc, nd gave careful consideration to all aspects of this ordinance;
and
HE AS, City Corrirnission has determined it to be in the best interest of the City of
Delray th the la evelopment regulations be amended as described in ties ordinance.
TH REFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
DELRAY B H,AS FOLLOWS:
I
Section I. That Section 4.4.13 of the land development regulations, "Central Business District
(CBD)," Hereby deleted in its entirety and replaced wida a new Section 4.4.13,which is set forth in
Exhibit"A" to this ordinance and made a part hereof. For clarity, the deleted Section of 4.4.13 is
attached hereto as Exhibit`B," and made a part hereof.
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1 ORD.NO. 29-14
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Section 2. That should any section or provision of this ordinance, ox any paxagraph, sentence, ox
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
Section 3. That all ordinances or parts of ordinances in conflict herewith axe hereby repealed.
Section 4. That this ordinance shall become effective upon its adoption on second and final
reading.
PASSED AND ADOPTED in regular session on second and final a day
of 2014.
i
alk
ATTEST:
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City Clerk
First Reading: 11/18/2014
Second Reading:
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2 ORD.NO. 29-14
ORDINANCE NO. 29-14
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH; REPEALING AND REPLACING SECTION
4.4.13 "CENTRAL BUSINESS DISTRICT (CBD)" WITH NEW
ZONING REGULATIONS; 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; and
WHEREAS, the existing land development regulations for the Central Business District
need to be reorganized and substantially modified to make these regulations understandable to the
public, predictable to landowners, and easier for the city to administer;and
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
amendments at a public hearing held on October 6, 2014 and recommended on a vote of 6-0 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 ,
2014, and on , 2014, received and considered comments from the Planning and
Zoning Board and from the public, and gave careful consideration to all aspects of this ordinance;
and
WHEREAS, the City Commission has determined 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 1. That Section 4.4.13 of the land development regulations, "Central Business District
(CBD)," hereby deleted in its entirety and replaced with a new Section 4.4.13,which is set forth in
Exhibit"A" to this ordinance and made a part hereof. For clarity, the deleted Section of 4.4.13 is
attached hereto as Exhibit`B," and made a part hereof.
1 ORD.NO. 29-14
Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 4. 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 day
of , 2014.
MAYOR
ATTEST:
City Clerk
First Reading:
Second Reading:
2 ORD.NO. 29-14
EXHIBIT A SECTION 4.4.13
)RAFT: 12/1/14
Section 4.4.13 Central Business (CBD) District:
(A) Purpose and Intent: The
Central Business District (CBD) Zone
District is established in order to Hjlj7j �
preserve and protect the cultural and
historic aspects of downtown Delray p Y
Beach and simultaneously provide for K
the stimulation and enhancement of the B
vitality and economic growth of this
special area. Establishment of the CBD o
District is consistent with and
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implements, in part, Objective C-4 of the
Land Use Element of the
Comprehensive Plan. The CBD District
is generally applied to territory depicted IL
in the Commercial Core designation on
the Future Land Use Map. s
d
The areas described below and shown
in Figures 4.4.13-1, 4.4.13-2, 4.4.13-3,
4.4.13-4 provide for development that is
consistent with the adopted Downtown
Delray Beach Master Plan.
A � AAIIK
(1) Central Core Sub-District: The "A
regulations are intended to result in
development that preserves the A T L A N T d C A V E N U E v
downtown's historic moderate scale, Q FT-1 Q Fn
while promoting a balanced mix of uses
that will help the area evolve into a
traditional, self-sufficient downtown. „ s
Residential development is permitted at
higher densities in this area than any WL
other part of the city, in order to foster ID
compact, pedestrian oriented growth
that will support downtown businesses.
Figure 4.4.13-1 —Central Core Sub-district
4.4 - 58
SECTION 4.4.13 (A)
FT '. ,
(2) Beach Sub-District: The goal for this sub-district is to "preserve and enhance the
character of these areas, the public condition of the beach, the vitality of its center, and
the natural environment." The Master Plan calls for redevelopment of existing buildings
in a manner that places storefronts close to the street and parking in the rear. Where
existing buildings are separated from the pedestrian ways by wide landscaped areas,
the addition of arcades and new building square footage to bring the storefronts closer
to the street is encouraged.
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4.4 - 59
SECTION 4.4.13 (A)
DRAFT: 12/1/1-4
(3) West Atlantic Neighborhood Sub-district: The goal for this sub-district is to
provide for development that is consistent with the adopted West Atlantic Avenue
Redevelopment Plan and the Downtown Delray Beach Master Plan. The emphasis is
on the preservation and enhancement of existing neighborhoods, while promoting a
pedestrian friendly commercial area along Atlantic Avenue that contains a mix of
residential, commercial and civic functions. Businesses that are oriented toward serving
the local neighborhood, as opposed to a regional area, are encouraged.
Figure 4.4.13-3—West Atlantic Neighborhood Sub-district
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4.4 - 60
SECTION 4.4.13 (A)
DRAFT: 12/1/14
(4) Railroad Corridor Sub-district:
The goal for this sub-district is to H.E. 5TH
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allow for development of light �� PUBLdJ(
industrial type uses on properties HE. C5TH ST. Z
that are in the downtown area, but =TFMTR d �
are in close proximity to the FEC "5
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to recognize the long-standing light
industrial character of this railroad a
corridor; to provide for the upgrading o
and expansion of existing uses
when appropriate; and to enhance N.E. ,RD
the economic growth of the central
business district by providing 4
employment opportunities in the
downtown area. This sub-district is r
comprised of two nodes, one in yNE o 3N0
northern part of the CBD and one in
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shown in Figure 4.4.13-4.
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4.4 - 61
SECTION 4.4.13 (B)
DRAFT: 12/1/14
(B) Regulating Plans. The Delray Beach Central Business District Regulating
Plans depict additional information necessary to apply the standards contained in this
Section and are hereby officially adopted as an integral part of these regulations. A
Regulating Plan for each CBD Sub-District is provided in this section and versions at
larger scales are available in the Planning and Zoning Department. The Regulating
Plans depict the following information:
(1) Primary and Secondary Streets and Alleys. Primary Streets are
intended to develop over time as superior pedestrian environments and, as such,
are held to higher standards in the regulations regarding building placement,
building frontage, and the location of parking and service uses. Streets not
designated as Primary Streets are considered Secondary Streets, which can
accommodate service functions and vehicular-oriented development needs,
including parking, loading, and drive-through facilities. Alleys are important assets
in the CBD, performing many functions within small rights-of-way.
(2) Required Retail Frontage. Certain streets within the CBD are intended to
be lively, highly active pedestrian environments that support businesses and
reinforce local character. Streets designated as Required Retail Frontage are held
to stricter standards regarding allowable frontage types and uses located within
side-walk level stories.
(3) Parking and Transit Locations. The locations of public parking garages
and the planned Tri-Rail Coastal Link station are mapped on the Regulating Plan.
Parking requirements may be adjusted based on the proximity to these
transportation resources. In addition, the Atlantic Avenue Parking Area is mapped,
which has special parking requirements for restaurant and lounge uses. See
Section 4.4.13(I).
(4) Density Bonus Areas. The Incentive Program allows increased density in
certain areas of the CBD, subject to additional standards and certain location
criteria (Section 4.4.13(H)). Properties located within the West Atlantic
Neighborhood Sub-district are eligible to use the program. Properties in the Central
Core and Railroad Corridor Sub-districts that are eligible for increased density are
mapped on the Regulating Plans. Properties located within the Beach Sub-district
are not eligible for increased density.
(5) West Atlantic Neighborhood Commercial Area. The location of
commercial uses is limited within the West Atlantic Neighborhood Sub-district to
protect established residential areas from commercial intrusion.
(6) Old School Square Historic Arts District (OSSHAD) Zoning with CBD
Overlay. Properties with OSSHAD Zoning with CBD Overlay may follow the
Central Core Sub-district development standards for principal and accessory uses
only and may not apply for conditional uses or participate in the Incentive Program
in Section 4.4.13(H).
4.4 - 62
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SECTION 4.4.13 (B)
DRAFT: 12/1/14
Figure 4.4.13-6—West Atlantic Neighborhood Sub-district Regulating Plan
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LEGEND
CBD ZONING
WEST ATLANTIC NEIGHBORHOOD
WEST ATLANTIC NEIGHBORHOOD COMMERCIAL AREA
L----J
REQUIRED RETAIL FRONTAGE
PRIMARY STREETS
(a PUBLIC PARKING GARAGE
4.4 - 64
SECTION 4.4.13 (B)
DRAFT: 12/1/14
Figure 4.4.13-7—Railroad Corridor Sub-district Regulating Plan
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LEGEND
CBD ZONING
RAILROAD CORRIDOR
r RAILROAD CORRIDOR DENSITY BONUS AREA
PINEAPPLE GROVE NEIGHBORHOOD PLAN
4.4 - 65
SECTION 4.4.13 (C)
DRAFT: 12/1/14
(C) Allowable Uses
(1) Principal, Accessory, and Conditional Uses. Table 4.4.13(A) identifies
the allowable principal, accessory, and conditional uses for each area of the CBD.
See Section 4.4.13(J) for approval standards. Streets designated as "Primary
Streets" or "Required Retail Streets" on the Regulating Plan have additional
standards.
(2) Use Variations for Primary and Secondary Streets. Primary Streets are
intended to be superior pedestrian environments and, as such, are held to higher
standards regarding the location of certain uses, including parking. The Regulating
Plan designates certain streets as "Primary Streets" and all other streets are
considered to be "Secondary Streets."
(a) Where a principal or accessory use does not have an "S" in Table
4.4.13(A), the use is permitted on both Primary and Secondary streets.
(b) Where a principal or accessory use in Table 4.4.13(A) has an "S" in the
column, the use is a "Secondary Street" use.
1. Secondary Street uses are permitted without limitations on
Secondary Streets.
2. On Primary Streets, Secondary Street uses (including parking garage
levels) shall be lined along the street for a depth of at least 20 feet on
all stories by a use permitted on all streets (see Figure 4.4.13-8).
3. On Primary Streets, Public Parking Garages (as mapped on a
regulating plan) shall be lined along the sidewalk level for a depth of
at least 20 feet by a use permitted on all streets; a use liner is not
required on upper levels.
(c) The standards for Conditional Uses are in Section 4.4.13(K).
4.4 - 66
SECTION 4.4.13 (C)
Figure 4.4.13-8— Primary & Secondary Street Uses
Primary Street Uses Secondary Street Uses
PL PL
I I
RBStd6ntial i 3rd story ________
Parking
F— ------- 3rd story j Rasldentlal
Parking Ofrice 2nd story
Parking
------ -- 2nd story _ _ I Qffice
Ratail ! 1 s story _---� r—
Parking Ist story I Parking
�20'Min — PRIMARY SECONDARY
STREET STREET
Use Permitted can All Streets Use Permitted on All Streets
Secondary Street Use Secondary Street Use
(3) Use Limitations on Required Retail Frontages. Streets designated on
the Regulating Plan with Required Retail Frontage are intended to be lively, highly
active pedestrian environments that support businesses and reinforce local
character. Properties on streets designated with Required Retail Frontage have
use and frontage type standards that apply to the sidewalk level story.
(a) All Districts.
1 . Residential units, including multi-family and live-work, are not
permitted in the sidewalk-level story on streets with Required Retail
Frontage.
2. On Required Retail Streets, buildings shall use either a Storefront or
Arcade frontage type (See Section 4.4.13(E)).
(b) Central Core and Beach Sub-districts. 100% of the building frontage
of the sidewalk level story shall be for the following uses (as described in Table
4.4.13(A)), for a minimum depth of 20 feet:
1 . General retail uses and/or facilities, except that sales of automotive
parts, lawn care equipment, or second hand material (other than
verifiable antiques) are not permitted.
2. Services and facilities
3. Hotels, motels, or residence-type inns
4.4 - 67
SECTION 4.4.13 (C)
DRAFT: 12/1/14
(c) West Atlantic Neighborhood Sub-district
1 . At least 50% of the building frontage of the sidewalk level story shall
be for the following uses (as described in Table 4.4.13(A)), for a
minimum depth of 20 feet:
a. General retail uses and/or facilities, except that sales of
automotive parts, lawn care equipment, firearms, or second hand
material (other than verifiable antiques) are not permitted.
b. Services and facilities
c. Hotels, motels, or residential-type inns as a Conditional Use
2. Up to 50% of the building frontage of the sidewalk level may be for
business, professional, and medical uses; more than 50% may be
approved as a Conditional Use.
4.4 - 68
SECTION 4.4.13 (C)
Table 4.4.13(A)-Allowable Uses in the CBD Sub-Districts
West
Atlantic
Central Railroad Beach Neigh.
Core Corridor Area
General retail uses and/or facilities,as in GC district(4.4.9)'2 P P P P
Business,professional,and medical uses,as in GC district(4.4.9) P P P P
Services and facilities,as in GC district(4.4.9) P P P P
Multiple-family dwellings3, including residential licensed service provider facilities P P P P
Assisted living facilities,nursing homes,and continuing care facilities P P P P
Live/work units(see 4.3.3(KKK)) P P P P
Hotels,motels,and residential-type inns3(see 4.3.3(M)and 4.3.3(X)) P P P C
Bed and breakfast inns(see 4.3.3(Y)) P P P C
Public Parking Garages,as mapped on a Regulating plan P,S P,S P,S P,S
Fabrication and/or Assembly - P -
Wholesaling,Storage,and Distribution - P - -
Contractor and trade services - P - -
Automobile brokerage, including vehicle display within an enclosed structure - P -
Family day care homes(see 4.3.3(T)) A A A A
Home occupations(see 4.3.3(K)) A A A A
Mechanical parking lifts(see 4.6.9(D)(11)and 4.6.9(F)(4)) A,S A A,S A,S
Parking areas and refuse and service areas A,S A A,S A,S
Recreational facilities(for a multiple-family complex) A A A A
Services and repair(incidental to the principal use) A,S A A,S A,S
Single-family dwelling(occupied by owner, proprietor,or employee of the principal use) A A A A
Storage of inventory(not shared or leased independent of the principal use) A,S A A,S A,S
Automobile repair _ C
Child care and adult day care facilities(see 4.3.3(E)) C C C C
Commercial recreation,such as bowling alleys and skating rinks C C C C
Community residential homes(see 4.3.3(1)) C C C C
Drive-through facilities(serving banks,restaurants,retail uses,etc.) C C C C
Food Preparation and/or Processing - C - -
Flea markets,bazaars,and similar retail uses C C C C
Funeral homes, including accessory uses such as a chapel or crematory C C C C
Gasoline stations and/or car washes C C - -
Group homes,Type 2 only(see 4.3.3(1)) C C C C
Large family child care homes(see 4.3.3(TT)) C C C C
Dry-cleaning Processing Plants - C - -
Segway tours and Segway sales(see 4.3.3(ZZZZ)) C C C C
Theaters,excluding drive-ins C C C C
Veterinary Clinics C C C C
24-hour or late-night businesses,within 300'of residential property(see 4.3.3(VV)) C C C C
LEGEND: P= Principal Use A=Accessory Use C=Conditional Use -= Prohibited Use S=Secondary Street Use
Sales of automotive parts,lawn care equipment,firearms,or second hand material(other than verifiable antiques)are not allowed
on properties facing a street designated as a Required Retail Street on the Regulating Plan or in the West Atlantic Neighborhood.
2 See Section 4.4.13(C)(4)(c)for limitations on the rental of sporting goods and equipment.
3 For density limits,see Section 4.4.13(D).
4 Not self storage facilities; products and materials shall not exceed 55 gallons of any substance which is listed on the Generic
Substances List of the Palm Beach County Wellfield Protection Ordinance(Ref.: Palm Beach County LDC,Article 9, Section 9.3)
5 See Section 4.4.13(C)(4)(a) for limits on Commercial use locations in the West Atlantic Neighborhood Sub-district
4.4 - 69
SECTION 4.4.13 (C)
DRAFT: 12/1/14
(4) Supplemental Use Standards.
(a) Sporting Goods/Equipment Rentals. The rental of sporting goods and
equipment shall be limited to no more than one business renting a specific category
of item (i.e. bicycles, skates, etc.) every 300 feet measured in a straight line from
door to door, and any outdoor displays are subject to the restrictions set forth in
Section 4.6.6(C)(3).
(b) Worker Transport/Assembly Points. The picking-up, dropping-off, or
otherwise transporting workers, assigned through an employment agency, from an
assembly point in the CBD to the work site is prohibited, except within the West
Atlantic Neighborhood area provided the structure involved does not have an
entrance from and/or windows facing West Atlantic Avenue.
(c) West Atlantic Neighborhood District Supplemental Use Standards: The
following supplemental district regulations apply in the West Atlantic Neighborhood
Sub-district:
1 . West Atlantic Neighborhood Commercial Area. Commercial
structures are allowed on NW 5th Avenue, SW 5th Avenue, and may
extend up to 150 feet from Atlantic Avenue. Accessory uses such as
parking areas, landscaping, and drainage retention areas may extend
beyond the 150 foot limit. Full service grocery stores may extend
beyond the 150 foot limit with approval by the SPRAB of a site plan
design that ensures compatible transitions between commercial and
residential areas. Establishment or expansion of other structures
beyond the 150 foot limit may be allowed as a conditional use, subject
to the required findings of Section 2.4.5(E)(5). The West Atlantic
Neighborhood Commercial Area is mapped on the West Atlantic
Neighborhood Regulating Plan.
2. There is no restriction on repair and/or reconstruction of non-
conforming single family residences located a minimum of 150 feet from
Atlantic Avenue.
(d) Railroad Corridor District Supplemental Use Standards: Within the
Railroad Corridor Sub-district, except for outside storage approved pursuant to
Section 4.6.6(C)(2), all principal and conditional uses shall be conducted within an
enclosed building.
4.4 - 70
SECTION 4.4.13 (D)
DRAFT: 12/1/14
(D) Configuration of Buildings:
(1) Standards for CBD Generally. The following building configuration
standards apply to all CBD Sub-districts:.
(a) Building Height. Unless otherwise specified herein, the height of
buildings shall be measured in and regulated by the number of stories
and the maximum overall building height. The number of stories is
regulated for each CBD Sub-district (See Table 4.4.13(C)). Increasing
the maximum number of stories allowed may not be approved as a
waiver. Stories are measured from the finished floor to finished ceiling.
See Figure 4.4.13-10.
1. Maximum overall building height in feet is 54 feet. For the purposes
of this section, height is measured from the average crown of road
or the FEMA published minimum finished floor elevation (whichever
is greater) to the highest finished roof surface of a flat roof or the
soffit of a gable, hip, or gambrel roof.
2. Stories located below grade are for parking or storage uses only and
are not counted for the purpose of measuring building height. If the
floor of the first habitable story is elevated more than four feet above
the adjacent sidewalk, the space below counts as the first story for
the purposes of measuring building height.
3. The ground story of commercial or mixed-use buildings shall be a
minimum of 12 feet tall.
4. The ground story of residential buildings shall be a minimum of 10
feet tall.
5. Each story above the ground story in all buildings must be at least
10 feet tall.
6. Mezzanines that exceed 15 percent of floor area are counted as
stories for the purpose of measuring height.
7. Each parking garage level exposed to a street or civic open space
shall be counted as a story for the purposes of measuring height.
Parking levels fully concealed from view by a story containing an
active use (i.e. retail, residential, office) are not counted as stories
for the purpose of measuring height. See Figure 4.4.13-9.
8. Within the Central Core, Railroad Corridor, and Beach Sub-districts,
residential units must have the floor of the first habitable story
elevated at least 18 inches above the adjacent sidewalk. Within the
West Atlantic Neighborhood Sub-district, residential units must have
4.4 - 71
SECTION 4.4.13 (D)
DI RAFT: `121111
the floor of the first habitable story elevated at least 12 inches above
the adjacent sidewalk. Lobbies and common areas in multi-unit or
mixed-use buildings may have a lower ground floor finish level.
9. Flat roofs shall be enclosed by parapets which shall conform to the
standards in Section 4.3.4(J)(3)(c). Green roofs are encouraged.
10. Mechanical equipment necessary to the operation or maintenance of
the building such as, but not limited to, elevator, stair, and
mechanical rooms, cooling towers, vent stacks and antennae shall
be screened in such a manner that the enclosure is an integral part
of the overall building design, provides a balanced and graceful
silhouette, and ameliorates the visual impact from adjacent
buildings. Minor features not exceeding one foot in height shall be
exempted from this regulation.
11. Architectural features including church spires, steeples, belfries, and
cupolas are not limited by story height; however, any part of any
such feature shall not extend above the height of sixty-four feet (64')
unless specifically approved by action of the City Commission.
Figure 4.4.13-9—Counting the Number of Stories
3-Story Building 3-Story Building
4 Fully Concealed Parking Levels Parking Level Exposed to Secondary Street
Pt PL
I I
-----
3rd story Parking Residential i ___________i ki2nd- 3rd story story ----- ----g - - 2nd story ststo,
Parking Ist story Parking
S'T'REET SECONDARY
STREET
Active Use Active Use
Parking Parking
4.4 - 72
SECTION 4.4.13 (D)
ref w
Figure 4.4.13-10-Measuring Building Height
PL
PL
D E t I k
I
I I
D I I
I A !
D i A I D
■
I I
B C
B
l
I
I I
Commercial Residential
Table 4.4.13(8)
Building Height
A Maximum Number of Stories 4
A Maximum Overall Building Height 54 ft.
B Ground Floor Finish Level
Commercial Uses 6" max.
Residential Units 18" min.
C Ground Story Height
Commercial and Mixed-Use Buildings 12 ft. min.
Residential Buildings 10 ft. min.
D Upper Story Height 10 ft. min.
E Additional Setback Above 3rd Story 10 ft. min.
4.4 - 73
SECTION 4.4.13 (D)
DRAFT: 12/1/14
(b) Building Placement.
1. Front setbacks shall be measured from the property lines coinciding
with public rights-of-way, including streets and parks.
a. Awnings, porches, balconies, stoops and arcades may encroach
into the setbacks as set forth in Section 4.4.13(E).
b. Roof Eaves may encroach into the setbacks a maximum of four
feet (4').
Figure 4.4.13- 11 -Building Frontage Requirement
j A+ B=Total Building Frontage j
I ]
I A B I
I 1
I I
- I
�' C�111C j
L,_. _ _ Front Setback ,_......._._._.......
_._-1.
i-
2. Where development may build with no side setback, the following
limitations also apply:
a. Side setbacks are required only when an abutting a residential
zoning district or a property with a building existing as of the
effective date of this ordinance [date] with windows facing the
adjoining lot line. Then, new development shall setback to
provide at least 10 feet of separation between the existing and
new buildings.
b. All light and air shafts, including those necessary per the
percentage of openings on building fagades, shall be provided
within the property.
c. Buildings taller than three stories in height have additional
setback requirements for the upper stories, as described in
Section 4.4.13(D)(2).
4.4 - 74
SECTION 4.4.13 (D)
DRAFT: 12/1/14
(c) Frontage Percentages. Building frontage is the percentage of the total
width of a lot minus the required setbacks, which is required to be
occupied by the primary fagade of a building. Building frontage
requirements are set forth in Table 4.4.13 (C) for each CBD Sub-district.
1. The primary fagade shall be generally parallel to the right-of-way,
located in accordance with the minimum and maximum front setback
requirements of the zoning district.
2. The location of the primary fagade is not changed by the projection of
architectural elements such as cornices, bay windows, awnings,
porches, balconies, stoops, or arcades.
3. The primary fagade may adjust around a Civic Open Space that
meets the requirements in Section 4.4.13(G) as shown in Figure
4.4.13-11.
4. On corner lots, the primary fagade shall extend from the corner to
ensure that new development (or civic open space) defines the
corner.
(d) Minimum Floor Area for Dwelling Units. Minimum floor area for multi-
family residential dwelling units shall be as established for the Medium
Density Residential (RM) zoning district in Section 4.3.4(K).
(e) Other Standards. Other standards also apply in CBD sub-districts:
1. Frontage Standards are in Section 4.4.13(E).
2. Architectural Standards are in Section 4.4.13(F).
3. Civic Open Space Standards are in Section 4.4.13(G).
4. Incentive Program is in Section 4.4.13(H).
5. Parking Standards are in Section 4.4.13(1).
6. Review and Approval Process is in Section 4.4.13(J)
4.4 - 75
SECTION 4.4.13 (D)
DRAFT: 12/1/14
(2)Dimensional Requirements for CBD Sub-districts. Table 4.4.13(C) provides
the dimensional requirements regarding lot size, building placement, building size,
height, density, and civic open space for each CBD Sub-district. Figure 4.4.13-12
illustrates the dimensional requirements from the table.
(a) Buildings shall be located in accordance with the minimum and maximum
setbacks in Table 4.4.13(C).
1. The front setback or side setback facing a street or park is a minimum of
10 feet and a maximum of 15 feet, which is coordinated with streetscape
requirements in Section 4.4.13(E)(2).
2. Minimum rear set back is 10 feet and minimum side setbacks are 0 feet.
Side lot lines adjoining alleys are regulated by rear setbacks.
3. Buildings over three stories in height are subject to additional setback
requirements in order to ensure architectural articulation and reduce the
impact of taller building heights.
a. At the top of the third story, front and rear setbacks are 20 feet
minimum.
b. With approval from the SPRAB, building entries, lobbies, and vertical
circulation areas located above the third story may not be required to
increase the setback to 20 feet, if configured as tower elements
determined to be consistent with the Delray Beach Architectural
Design Guidelines.
4. Where the rear or side of a property directly abuts a residential 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:
a. For buildings or portions of buildings three stories or less in height,
a minimum side set back of ten feet (10') from the property line
shall be provided.
b. At the top of the third story, minimum side and rear building
setbacks of 30 feet shall be provided from the property line for the
portion of the building that is over three stories in height.
c. A solid finished masonry wall six feet in height, or a continuous
hedge at least 4-1/2 feet in height at the time of installation, shall be
located inside and adjacent to the portion of the boundary line of
the CBD-zoned property which directly abuts the residentially
zoned property. Walkways and other pedestrian or bicycle
4.4 - 76
SECTION 4.4.13 (D)
DRAFT: 12/1/14
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.
5. On Primary Streets, the minimum building frontage is seventy-five
percent (75%) and the maximum frontage is a hundred percent (100%).
On Secondary streets, minimum building frontage is not required and the
maximum building frontage is a hundred percent (100%).
6. Buildings with more than 250 feet of street frontage shall provide a
pedestrian/bicycle passageway at least 10 feet wide connecting rear
alleys and/or parking to the public sidewalk. The passageway shall
have transparent windows covering at least 50 percent of the wall area
and the incorporation of storefront windows is encouraged.
4.4 - 77
SECTION 4.4.13 (D)
x
Table 4.4.13(C)
Dimensional Requirements by CBD Sub-district
Central Core Railroad Beach West Atlantic
Corridor Neighborhood
Lot Size
Lot Width 20 ft. min. 20 ft. min. 20 ft. min. 20 ft. min.
Lot Area 2000 sf. min. 2000 sf. min. 2000 sf. min. 2000 sf. min.
Building Placement
A Front Setback' 10 ft. min./ 10 ft. min./ 10 ft. min./ 10 ft. min./
15 ft. max. 15 ft. max. 15 ft. max. 15 ft. max.
B Side Setback' 0 ft. min.2 0 ft. min.z 0 ft. min.2 0 ft. min.2
C Rear Setback 10 ft. min. 10 ft. min. 10 ft. min. 10 ft. min.
B C Side Setback Abutting Res.
District; 1st to 3rd Story 10 ft. min. 10 ft. min. 10 ft. min. 10 ft. min.
B C Side/Rear Setback Abutting
Res. District Above 3rd Story 30 ft. min. 30 ft. min. 30 ft. min. 30 ft. min.
D Front Setbacks Above 3rd 20 ft. min. 20 ft. min. 20 ft. min. 20 ft. min.
Story
E Building Frontage Required 75% min./ N/A 75% min./ 75%min/
on Primary Streets 100% max. 100% max. 100% max.
Building Height
Min. Number of Stories on Primary 2 Stories 1 Story 2 Stories 1 Story
Streets
Max. Number of Stories 4 Stories 4 Stories 4 Stories 4 Stories
Max. Overall Building Height 54 ft. 54 ft. 54 ft. 54 ft.
Density
Density 30 du/ac3 30 du/ac3 12 du/ac 12 du/ac3
Civic Open Space Requirement(See Section 4.4.13(G))
Sites smaller than 20,000 sq.ft. 0% 0% 0% 0%
Sites Between 20,000 and 5%of area 5% of area 5%of area 5%of area
40,000 sq. ft. above 20,000 above 20,000 above 20,000 above 20,000
5%of area 5%of area 5%of area 5%of area
Sites Greater than 40,000 s ft. above 20,000 above 20,000 above 20,000 above 20,000+
q' + 7%of area + 7%of area + 7%of area 7%of area
above 40,000 above 40,000 above 40,000 above 40,000
N/A is"Not Applicable"
' Side lot lines facing streets are regulated by front setback requirements. Side lot lines along alleys are
regulated by rear setbacks.
3 All light and air shafts shall be provided within the lot. See Section 4.4.13(D)(1)(b)(2).
3 See Incentive Program in Section 4.4.13(H)for potential density increases pursuant to certain location and
performance criteria.
4.4 - 78
SECTION 4.4.13 (D)
DRAFT: 12/1/14
Figure 4.4.13-12— Building Placement and Configuration & Street Types
,el `�srr 4 s�teet
4te�
A Front Setback& Sides Facing Streets A Front Setback& Sides Facing Streets
B Interior Side Setback B Interior Side Setback
C Rear Setback C Rear Setback
D Front Setback Above 3rd Story D Front Setback Above 3rd Story
E Required Building Frontage E Required Building Frontage
B D B
y-jTJ
F
s�5 of 5
A Front Setback& Sides Facing Streets A Front Setback& Sides Facing Streets
B Side Setback B Side Setback
C Rear Setback C Rear Setback
D Front Setback Above 3rd Story D Front Setback Above 3rd Story
E Required Building Frontage E Required Building Frontage
F Setback Relief Granted by SPRAB for F Civic Open Space
Tower Element
4.4 - 79
SECTION 4.4.13 (E)
DRAFT: 12/1/14
(E) Frontage Standards. Frontage Standards define architecture and design
components for the entrance(s) to buildings and the area between building facades and
streets. Building setbacks and other development standards are coordinated with street
cross-sections to ensure a superior public realm results, improving both the overall
visual appearance and multi-modal uses of downtown streets.
(1) Frontage Standards and Allowable Uses. The use of the ground story is
an important factor in streetscape design and appropriate frontage types. For the
purposes of Frontage Standards, unless otherwise specified, residential uses are
single-family homes, townhomes, multiple family dwellings, assisted living facilities,
nursing homes, continuing care facilities, community residential homes, group
homes, and large family childcare homes and live/work uses. All other uses are
considered to be "commercial uses" for the purposes of this section.
(2) Streetscape Standards. Front setback areas, which include side setback
areas facing streets, shall be detailed to augment public right-of-way design, to
establish shaded, continuous routes for pedestrians, and to organize landscaping
and other elements to ensure a superior public realm.
(a) Minimum Streetscape Width. The combination of public sidewalk
(located within the right-of-way) and hardscape (located in front setback
areas) shall provide a minimum streetscape area no less than 15 feet in
width, measured from the back of curb The streetscape area shall be
organized as follows:
1 . Curb Zone. The curb zone is at least four feet wide, measured from
the back of curb (See Figures 4.4.13-13 and 4.4.13-14). This zone
accommodates street trees and public infrastructure needs such as
utility poles, street lights, street signs, parking meters, etc. These
elements shall be located as close to the curb as possible; signs and
parking meters shall be consolidated as much as possible.
2. Pedestrian Clear Zone. A pedestrian clear zone at least six feet (6')
wide shall be provided on all streetscapes (See Figures 4.4.13-13 and
4.4.13-14). Any portion of the pedestrian clear zone within the front
setback area shall be improved as an extension of the public sidewalk
and shall match the public sidewalk in design and material, providing a
seamless physical transition. A sidewalk easement, in a form
acceptable to the City Attorney, over any portion of the pedestrian clear
zone located within the front setback shall be granted to the City. The
property owner shall also be required to enter into a maintenance
agreement, in a form acceptable to the City Attorney, requiring the
property owner to be responsible for and maintain any improvements
made or installed by the owner to meet the requirements of this section.
3. Remaining front setback area. The remaining front setback area
within the minimum 15' wide streetscape shall be detailed appropriately
4.4 - 80
SECTION 4.4.13 (E)
DRAFT: 12,11114
for the ground story use of the building (See Figures 4.4.13-13 and
4.4.13-14):
a. Commercial Uses. Buildings with retail or commercial uses in
the ground story shall detail and design any remaining front setback
area within the 15 ft.-wide minimum streetscape area using a
hardscape design. This portion may be used to accommodate
outdoor dining areas, subject to Section 6.3. Landscaping
comprised of plants in removable planters, palms, and/or ground
planting may be installed adjacent to the building provided it does
not obstruct views into storefront windows.
b. Residential Uses. Buildings with residential uses in the ground
story shall detail and design any remaining front setback area
within the 15 ft.-wide minimum streetscape area using hardscape or
foundation planting landscaping. The encroachment of porches or
stoops in this area may be permitted, pursuant to Section
4.4.13(E)(4).
(b) Street Trees. Street trees are intended to provide a shaded
environment for the pedestrian, provide a physical separation between
pedestrians and vehicles, and improve the overall visual appearance of the
street.
1. All new construction, relocation of a building, or addition equal to or
greater than 20% of the gross floor area of an existing building shall
install street trees at the time of development. Street trees shall be
a canopy species, planted in the public right-of-way directly in front
of the property line(s), uniformly spaced no greater than 30 feet on
center. Spacing of trees may only exceed 30 feet in order to
accommodate curb cuts, fire hydrants, utilities, existing trees, and
other infrastructure elements. Palm varieties may be used at
corners, crosswalks, or to accent building entrances and may be
permitted in lieu of shade trees when physical conditions may
prevent the proper growth of shade trees, as determined by the
Planning and Zoning Director in consultation with the
Environmental Services Director. Consistency in street tree
species shall be established on both sides of the street along each
block. The first to develop shall establish the species with approval
from the Planning and Zoning Director in consultation with the
Environmental Services Director.
2. Street trees shall be located in the curb zone of the streetscape, in
order to separate pedestrians from vehicular lanes and to provide
room for tree canopies. Street trees may be planted in planting
strips, landscaped planters or tree grates with approval from the
4.4 - 81
SECTION 4.4.13 (E)
DRAFT: 1211114
Planning and Zoning Director in consultation with the
Environmental Services Director.
3. All trees shall be Florida Grade #1 or better and satisfy the
following standards at the time of planting:
a. Canopy species: Minimum 14 feet in height with a clear trunk
space of six feet and a spread of no less than eight feet.
b. Palm trees: Minimum 18 feet in height, with a clear trunk
space of eight feet.
4. In the event that site constraints such as existing utility easements
prevent the installation of required street trees, removable planters
of small palms and shrubs, vines or seasonal flowers shall be
installed. In addition, the building shall provide devices such as
awnings or roof overhangs to establish a shaded pedestrian
environment.
5. The property owner shall be required to enter into a maintenance
agreement, in a form acceptable to the City Attorney, requiring the
property owner to be responsible for and maintain any tree grates,
irrigation, and landscaping installed by the property owner to meet
the requirements of this section.
4.4 - 82
SECTION 4.4.13 (E)
,F)RAFT, 12N114
Figure 4.4.13-13
Commercial Use Streetscape
A 6 C
15'-0" Min
Signage p
Street Tree
On-street Parking
Public Sidewalk
Outdoor Seating
Street Lights
A B C
15'_0" Min
A-Curb Zone
B- Pedestrian Clear Zone •
C- Remaining Front Setback Area
4.4 - 83
SECTION 4.4.13 (E)
DRAFT: 12/1/14
Figure 4.4.13-14
Residential Use Streetscape
A B C
15"-Q" AAin
Signgp -
Street Tree - ---
0m4troA PaWng
�a
Public Sidewalk
Stoop and '
Landscape Area
Street Lights
A 8 C
A-Curb Zone 15`-4'Min
B- Pedestrian Clear Zone L 1 "
C- Remaining Front Setback Area
4.4 - 84
SECTION 4.4.13 (E)
DRAFT: 1211f14
(3) Building Entrances. The main entrance to every building shall be
accessible directly from and face a public right-of-way or civic open space. The
main entrance(s) to ground story commercial space(s) shall be directly from and
face a public right-of-way or civic open space. Doors allowing public access shall
occur at intervals no greater than 75 feet.
(4) Frontage Types. Frontage Types define architectural characteristics for the
detailing of building entrances. Six distinct frontage types have been identified,
which are appropriate for different uses. Table 4.4.13 (D) identifies the frontage
types appropriate for each use by an "X". Using one or more of frontage types
identified is required.
Table 4.4.13(D)
Frontage Types per Use
Porch Stoop Bracketed Forecourt Storefront Arcade/
Balcony Colonnade
Commercial X X X X X
Residential X X X X
Live/Work X X X X X X
Townhomes and X X X
Single-Family Houses
4.4 - 85
SECTION 4.4.13 (E)
DRAFT: 12/1/14
(a) Porch. A porch is an open-air structure attached to a building forming a
covered entrance large enough for comfortable use as an outdoor room.
Table 4.4.13(E) provides the dimensional requirements and the
maximum encroachment allowed, provided porches do not encroach into
the minimum required curb zone or pedestrian clear zone as described
in Section 4.4.13(E)(2). Figure 4.4.13-15 illustrates the dimensional
requirements from Table 4.4.13(E). Figure 4.4.13-16 provides a
character example.
Table 4.4.13(E)
Dimensional Requirements for Porches
Minimum Maximum
A Building Setback 10 ft. 15 ft.
B Depth 8 ft. 12 ft.
C Width 40% Facade 100% Facade
D Floor Elevation .5 ft. 4 ft.
Allowable Encroachment' - 8 ft.
May not encroach into the curb zone or pedestrian clear zone (See Section
4.4.13(E)(2))
Figure 4.4.13-15 Figure 4.4.13-16
Porch Frontage Type Porch Character Example
. sf
IS
t-
A Gr( t
4.4 - 86
SECTION 4.4.13 (E)
DRAFT: 12/1/14
(b) Stoop. A stoop is a small staircase leading to the entrance of a building
that may be covered. The elevation of the stoop is necessary to ensure
privacy for residential uses in the ground story of buildings. Stoops
should provide sufficient space for a person to comfortably pause before
entering or after exiting the building. Table 4.4.13(F) provides the
dimensional requirements and the maximum encroachment allowed
provided stoops do not encroach into the minimum required curb zone or
pedestrian clear zone as described in Section 4.4.13(E)(2). Figure
4.4.13-17 illustrates the dimensional requirements from Table 4.4.13(F).
Figure 4.4.13-18 provides a character example.
Table 4.4.13(F)
Dimensional Requirements for Stoops
Minimum Maximum
A Building Setback 10 ft. 15 ft.
B Depth 5 ft. 8 ft.
C Width 4 ft. -
D Floor Elevation 1 ft. 4 ft.
Allowable Encroachment' - 5 feet
May not encroach into the curb zone or pedestrian clear zone (See Section
4.4.13E 2
Figure 4.4.13-17 Figure 4.4.13-18
Stoop Frontage Type Stoop Character Example
y
I
A
4.4 - 87
SECTION 4.4.13 (E)
)RAFT: 12/1/14
(c) Bracketed Balcony. A bracketed balcony is a second-story balcony,
located over the main building entry, which provides cover for a person
entering or exiting the building, emphasizes the entryway, and creates a
semi-public space overlooking the street. The Delray Beach
Architectural Design Guidelines provide guidance on balcony detailing.
Bracketed balconies are typically associated with buildings with
commercial uses in the ground story; however, bracketed balconies may
be used with residential uses if combined with a stoop. Figure 4.4.13-19
illustrates the dimensional requirements from Table 4.4.13(G). Figure
4.4.13-20 provides a character example.
Table 4.4.13(G)
Dimensional Requirements for Bracketed Balconies
Minimum Maximum
A Building Setback 10 ft. 15 ft.
B Depth 5 ft.
C Width 4 ft. -
D Floor Elevation 0 ft. -
Allowable Encroachment - 5 feet
Figure 4.4.13-19 Figure 4.4.13-20
Bracketed Balcony Frontage Type Bracketed Balcony Character
Example
B c
E -
f �
A
10, -
4.4 - 88
SECTION 4.4.13 (E)
DRAFT: 12/1/14
(d) Forecourt. A forecourt is an open area in front of the main building
entrance(s) designed as a small garden or plaza. Low walls or
balustrades no higher than three feet six inches in height may enclose
the forecourt. Forecourt walls are constructed of similar material as the
principal building or are composed of a continuous, maintained hedge.
A forecourt may afford access to one or more first floor residential
dwelling units or incorporate storefronts for commercial uses. The
forecourt is suitable for outdoor seating for residents or restaurants.
Forecourts are typically associated with multifamily, mixed-use, and
commercial buildings. Figure 4.4.13-21 illustrates the dimensional
requirements from Table 4.4.13(H). Figure 4.4.13-22 provides a
character example.
Table 4.4.13(H)
Dimensional Requirements for Forecourts
Minimum Maximum
A Building Setback 10 ft. 15 ft.
B Depth 10 ft. 20 ft.
C Width 20 ft. 50% of Facade
D Floor Elevation 0 ft. 3 ft.
Allowable Encroachment Not Applicable
Figure 4.4.13-21 Forecourt Character Example
Forecourt Frontage Type
;+ W
w�
-------
?' B
E
C
i
A D a
Figure 4.4.13-22
4.4 - 89
SECTION 4.4.13 (E)
DRAFT: 12/1/14
(e) Storefront. The storefront is a frontage type along sidewalk level of the
ground story, typically associated with commercial uses. Storefronts are
frequently shaded by awnings or arcades.
1 . Storefront Dimensions Table 4.4.13(I) provides the dimensional
requirements and the maximum allowable encroachment permitted.
Figure 4.4.13-23 illustrates the dimensional requirements and Figure
4.4.13-24 provides a character example.
a. Storefronts shall extend across at least 70% of the width of a
commercial space.
b. Storefronts shall be directly accessible from sidewalks; storefront
doors may be recessed up to 10 feet.
Table 4.4.13(I)
Dimensional Requirements for Storefronts
Minimum Maximum
A Building Setback 10 ft. 15 ft.
B Storefront Width 70% 100%
C Storefront Base 1 ft. 3 ft.
D Glazing Height 8 ft. -
E I Glazing Area 70% 90%
Maximum Allowable Encroachment of Elements in All Districts
F Awning Projection 3 feet -
G Projecting Sign N/A 3 feet
Figure 4.4.13-23 Figure 4.4.13-24
Storefront Frontage Type Storefront Character Example
A
— x � �...3nnaer,�s�eewtetr....pealMe..l17!���
G
E D -j
c AL e4:
iSl
4.4 - 90
SECTION 4.4.13 (E)
DRAFT: 12/1/14
c. Storefronts shall have transparent glazing of at least 70% of the
wall area, comprised of storefront windows and doors, for at least
70% of the length of the commercial space. Storefront windows
shall have a base one foot to three feet high with transparent
glazed areas extending from the base to at least eight feet in height
as measured from sidewalk grade. Transparent means non-solar,
non-mirrored, glass with a light transmission reduction of no more
than twenty percent (20%).
2. Storefront Elements
a. Awnings shall project a minimum of three feet from the building
facade.
b. Awnings shall be consistent with the building's architecture and
proportionate to the facade opening shape and size. Except for
curved awnings, all awnings shall be sloped 15-35 degrees from
the horizontal plane. Valances shall be no more than 12 inches
long. Internally illuminated or plastic awnings are prohibited.
c. Storefronts may be combined with forecourts or arcades.
4.4 - 91
SECTION 4.4.13 (E)
)RAFT: 12/1/14
(f) Arcade. An Arcade is a covered, unglazed, linear hallway attached to the
front of a building, supported by columns or pillars. The arcade extends
into the public right-of-way, over the streetscape area, creating a shaded
environment ideal for pedestrians. This frontage type is typically
associated with commercial uses.
1 . Arcade Dimensions. Table 4.4.13(J) provides the dimensional
requirements and the maximum allowable encroachment permitted.
Figure 4.4.13-25 illustrates the dimensional requirements and Figure
4.4.13-26 provides a character example.
Table 4.4.13(J)
Dimensional Requirements for Arcade
Minimum Maximum
A Building Setback Varies 15 ft.
B Arcade Depth 10 ft. 20 ft.
C Arcade Height 10 ft. 20 ft.
D Column/Pillar to Face of Curb 2 ft. 4 ft.
E Column/Pillar Width and Depth 1 ft. -
Maximum Allowable Encroachment of Elements in All Districts
F Arcade varies by street
Figure 4.4.13-25 Figure 4.4.13-26
Arcade Frontage Type Arcade Character Example
i
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4.4 - 92
SECTION 4.4.13 (E)
DRAFT: 12/1/14
a. Arcades shall extend over the sidewalk. A sidewalk should not run
parallel to an arcade, allowing pedestrians to bypass storefront
windows.
b. Use of the arcade on local streets requires entering into a right-of-way
agreement, in a form acceptable to the City Attorney, with the City.
The City Commission shall determine in its sole and absolute
discretion whether to approve or deny an agreement, which shall be
based upon a determination of whether the arcade is in the best
interest of the general public. This agreement shall establish liability,
indemnification, and insurance responsibilities in a form acceptable to
the City. For County, State, and Federal roads, agreements with the
appropriate agencies and the City may be necessary.
c. Arcades shall have a clear depth between the interior face of the
columns and the building facade of at least 10 feet and no more than
20 feet. If the distance between the property line and the face of curb
is not sufficient to accommodate the minimum depth of 10 feet
required for an arcade, or, if the distance between the property line
and the face of curb is deep enough that using the required building
setback results in an arcade with a clear depth greater than 12 feet,
the front setback may be administratively adjusted by the Planning
and Zoning Director, taking into consideration the ultimate location of
the face of curb. If determined necessary by the City, the property
owner shall grant a pedestrian and underground utility easement to
the City, in a form acceptable to the City Attorney, on the applicant's
property to reach ten feet of clear depth.
d. Arcade ceilings shall be designed with coffers or exposed beams
extruding at least six inches, aligned with columns or pillars. Arcades
shall have a clear height above the sidewalk of at least 10 feet and no
more than 20 feet.
e. Support columns or pillars shall be at least 12 inches wide and deep.
See Section 4.6.18(B)(14)(iii). Columns and pillars shall be placed
two to four feet from the face of the curb.
f. The arcade area extending over the public right-of-way may contain a
second story or incorporate roof terraces; additional stories are not
permitted.
2. Arcade Elements
a. Arcades shall be combined with storefronts.
b. The height and proportions of the arcade shall be consistent with the
architecture and proportions of the building to which it is attached.
c. Potted landscaping or ground planting shall be provided between the
face of the columns or pillars and the face of curb.
4.4 - 93
SECTION 4.4.13 (E)
DRAFT: 12/1/14
d. Lighting shall be incorporated into arcades to meet CPTED principles.
(F) Architectural Standards. In addition to the standards in Section 4.6.18, the
following standards apply in all CBD Sub-districts.
(1) All buildings shall follow the Delray Beach Architectural Design Guidelines.
The selected architectural style shall be identified on all permit application drawings.
(2) Properties located within a Historic District or Individually Designated Sites, as
listed on the Local Register of Historic Places in Section 4.5.1(I), shall comply with the
Visual Compatibility Standards of Section 4.5.1(E)(8).
(3) Building facades facing streets or civic open spaces must have transparent
windows covering between 20 percent and 75 percent of the wall area of each story as
measured between finished floors. Transparent means non-solar, non-mirrored glass with
a light transmission reduction of no more than twenty percent (20%).
(4) Cornices and moldings shall be extending a minimum of two inches from the
surface plane of the building wall. Cornices and moldings are continuous facade elements
and may not be covered by awnings or signs. Significant architectural elements such as
columns, pilasters, and towers may interrupt moldings.
(5) Building facades shall be designed to visually screen "Secondary Street" uses
(as identified in Table 4.4.13 (A)) and large expanses of blank walls. Appropriate facade
design to screen these uses incorporates the consistent use of materials and construction
assemblies, fenestration patterns, architectural articulation, and features such as, but not
limited to, the application of architectural screens, louvers, or glass. In addition, at the
sidewalk level, vegetated surfaces and planters or window display shall be incorporated.
Paint, faux treatments, scoring, construction joints, lighting, and material projections less
than two inches are permitted, but do not fulfill the facade design requirements.
Figure 4.4.13-27
Character Examples for Building Fagade Screening Secondary Street Uses
lulls
ti r IM
The Clematis Street garage utilizes The Lincoln Theater has the building
consistent building materials with circulation located along the streets,
fenestration patterns to establish an behind an architectural glass facade,
attractive facade screening the parking screening the large expanses of blank
levels over the retail space. walls within the movie theater.
4.4 - 94
SECTION 4.4.13 (F)
')RAFT: 12/1/14
(6) Awnings shall be consistent with the building's architecture and fagade
opening shape. Awnings shall project a minimum of three feet from the building facade.
Except for curved awnings, all awnings shall be sloped 15 to 35 degrees from the
horizontal plane. Valances shall be no more than 12 inches long. Internally illuminated
or plastic awnings are prohibited. Any names or logos printed on awnings shall be
counted as square footage against the overall permitted signage.
(7) In the absence of a building fagade, a streetwall is required along both
Primary and Secondary Streets. Streetwalls shall be three feet to three feet six inches
(3'-6") in height, located in line with the building fagade or the front setback. Streetwalls
shall be composed of either an opaque wall of the same material and color as the
building or of a continuous, maintained hedge. In addition, one shade tree per 30 lineal
feet, uniformly spaced, shall be installed along the length the streetwall.
(8) Overhead doors shall be prohibited from facing any adjacent residentially
zoned property. Overhead doors shall be oriented away from any adjacent public right-
of-way, except where currently existing.
(9) In order to reduce urban heat islands for both roofed and non-roofed areas,
the following standards shall apply to building and site design:
a) Non-roofed: Provide shade (within 5 years) on at least 30% of non-roof
impervious surface on the side, including parking lots, walkways, plazas,
etc.; or use light-colored/high-albedo materials (reflectance of at least .3) for
30% of the site's non-roofed impervious surfaces; or, use open-grid
pavement system (net impervious area of less than 50%) for a minimum of
50% of the parking lot area.
b) Roofed: Use Energy Star roof-compliant, high-reflectance and high
emissivity roofing (initial reflectance of at least .65 and three-year-aged
reflectance of at least .5 when tested in accordance with ASTM E903 and
emissivity of at least .9 when tested in accordance with ASTM 4080 for a
minimum of 75% of the roof surface; or install a "green" (vegetated) roof for
at least 50% of the roof area.
c) Parking Garage Roofs: Provide shade on at least 30% (within 5 years)
of any exposed parking on the roof.
4.4 - 95
SECTION 4.4.13 (G)
')RAFT: 12/1/14
(G) Civic Open Spaces. Civic open spaces are privately maintained outdoor
spaces which are accessible by the general public, improve the pedestrian environment,
are aesthetically pleasing, and serve as an amenity for the city as a whole as well as for
occupants of the building which the open space serves.
(1) Amount Required. New development or additions of gross floor area
equal to 20 percent or more to existing buildings shall provide civic open space as
follows:
(a) Sites smaller than 20,000 square feet have no civic open space
requirement. The first 20,000 square feet of sites larger than 20,000
square feet are not used in the computation of required civic open
spaces.
(b) Sites between 20,000 and 40,000 square feet are required to provide
5% of the site's area that is above 20,000 square feet as civic open
space.
(c) Sites 40,000 square feet or more in size are required to provide civic
open space as follows:
1 . 5% of the site's area between 20,000 and 40,000 square feet; plus
2. 7% of the site's area above 40,000 square feet.
For example, a site 62,000 square feet in size will calculate civic
open space as follows:
20,000 square feet = 0
20,000 square feet x 5% = 1000 square feet
22,000 square feet x 7% = 1540 square feet
Total Civic Open Space Required = 2,540 square feet
(d) Dedicated rights-of-way and area used to meet the minimum
streetscape standards in Section 4.4.13(E) do not count toward
fulfilling the required amount.
(2) Types of Civic Open Spaces. Civic open space shall be designed as one
of the following types:
(a) Green. A green is at least 1 ,500 square feet in size and adjoins
streets on at least two sides or a street and a pedestrian passageway
or main building entry. Greens are designed primarily for passive uses,
consisting primarily of lawn with either formally or informally arranged
landscaping.
(b) Plaza. A plaza is at least 1,500 square feet in size and adjoins streets
on at least two sides or a street and a pedestrian passageway or main
building entry. Plazas are mostly hardscaped with formally arranged
landscaping and a water feature.
4.4 - 96
SECTION 4.4.13 (G)
')RAFT: 12/1/14
(c) Playground. A playground is at least 2,500 square feet in size.
Playgrounds provide children's play equipment and shaded seating.
Playgrounds adjoin a street on at least one side and the configuration
should ensure easy surveillance of the area from adjacent buildings
and streets.
(d) Square. A square is at least 10,000 square feet and adjoins streets on
at least three sides. Squares may be up to 50 percent hardscaped,
with formal landscaping. Squares accommodate both passive uses and
community gatherings.
(e) Attached Green. An attached green is generally 2,000 to 6,000
square feet and spans the entire length of a block. Attached greens
shall be at least 30 feet wide and are appropriate on the short end of a
block. Attached greens are primarily laws with formally arranged
landscaping.
(f) Community Garden. A community garden is 2,500 to approximately
5,000 square feet and adjoins a street on at least one side. Community
gardens are land that is cultivated collectively by members of a
community (See Section 4.3.3 (D)).
(g) Forecourt. For civic open space requirements between 250 and 1,500
square feet, buildings shall utilize a Forecourt frontage type (see
Section 4.4.13(E)(4)(d)) or incorporate additional landscaped space
into a pedestrian passageway.
(h) Public Art. For civic open space requirements less than 250 square
feet, a space incorporating a fountain, living wall, or work of art may be
provided facing a street or a pedestrian passageway.
Figure 4.4.13-28—Character Example of Figure 4.4.13-29
Landscaped Pedestrian Passageway Character Example of Living Wall
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1
4.4 - 97
SECTION 4.4.13 (G)
DRAFT: 12/1/14
Figure 4.4.13-30 - Civic Open Spaces
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Green Plaza
Playground Square
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Attached Green Waterfront Green
4.4 - 98
SECTION 4.4.13 (G)
')RAFT: 12/1/14
(3) Configuration. Civic open spaces shall be configured as follows:
(a) The civic open space shall adjoin a street front property line for no less
than 30 linear feet.
(b) Except for attached greens, civic spaces shall have a proportion so that
the depth is no more than 2.5 times the width, and the width is no more
than 5 times the depth;
(c) Civic open spaces shall be lined by building facades or streets on all
sides. In order to provide oversight of the space, buildings facing civic
open spaces shall contain active uses; parking lots, parking garages,
and storage areas are not considered active uses.
(d) Civic open space requirements of 3,000 square feet or more may be
provided in up to two spaces; requirements less than 3,000 square feet
shall be provided in one space.
(4) Additional Standards. Civic open spaces shall meet the following
minimum standards:
(a) Civic open spaces must be accessible to the public during all daylight
hours. A portion of a civic open space may accommodate outdoor dining
provided:
1. The business is located adjacent to the open space;
2. The open space provides an alternative location to using the
streetscape area of an adjoining street right-of-way; and
3. The size of the area is generally consistent with the potential size of
a sidewalk cafe that could be located within the streetscape of an
adjoining street right-of-way.
(b) Civic open spaces must be situated to allow easy ingress and egress
by pedestrians. Except for playgrounds, which may be fenced, no
streetwalls, gates, fences or other impediments to pedestrian
accessibility shall be permitted along the frontage lines;
(c) Civic open spaces must be located at the sidewalk level;
(d) Civic open spaces must be open to the sky; however, open-air garden
structures such as gazebos or band shells are permitted within civic
open spaces;
(e) Landscaping shall be arranged in a manner reflective of the type of
civic open space. One shade tree per 20 feet of perimeter of the space
is required. Trees may be arranged in regular spacing or in informal
4.4 - 99
SECTION 4.4.13 (G)
')RAFT: 12/1/14
clusters, depending on the type of open space. Trees shall be installed
to provide shade along walkways and for benches. Substituting shade
trees for multiple palm species is not permitted; however, adding palms
to the landscape design is permitted.
(f) Each civic open space shall provide the following street furniture
elements, specifications subject to approval by the City of Delray Beach
Engineering Department:
1. Seating for at least two people per 350 square feet of area.
Seating may be provided on benches, chairs, or other horizontal
surfaces designed for people to sit upon, including retaining walls,
planter edges, tiers and other similar surfaces. Seating surfaces
shall have a maximum height of 24 inches and have a minimum
depth of 16 inches.
2. 1 drinking fountain;
3. 1 bicycle rack with no less than four spaces;
4. 1 trash receptacle;
5. 1 pet clean up station.
(g) Fences are permitted only to enclose playgrounds. Fences may be
composed of wood or metal pickets and shall not exceed four feet in
height.
(h) Vehicular traffic shall not be permitted within a civic open space.
(i) Civic open spaces shall be designed to enhance user safety and
security using Crime Prevention Through Environmental Design
(CEPTED) principles by
1. Being well lighted;
2. Having one or more focal points within the open space visible from
all perimeter streets;
3. Having a clear landscape zone between three feet and eight feet in
height providing sightlines unobstructed by berms or bushes.
(5) Availability. Civic open space shall be developed and open for use
concurrent with the issuance of a certificate of occupancy for the building(s)
for which the open space is required.
4.4 - 100
SECTION 4.4.13 (H)
DRAFT: 12/1/14
(H) Incentive Program: Certain incentives may be offered from time to time by
subsequent City Commission action to encourage development that advances City
goals, such as diverse residential housing opportunities, sustainable building practices,
historic preservation, public parking, and/or Class-A office uses within the CBD.
(1) Residential Incentives. In order to encourage a variety of unit types,
income ranges, and sustainable building practices within the downtown area,
opportunities to increase density are offered in certain CBD Sub-districts. This incentive
program is the only way to obtain increases in density in the CBD. The maximum
density allowed by Table 4.4.13(C) in certain CBD Sub-districts may be increased in the
locations described below and mapped on the Regulating Plans in Section 4.4.13(B).
Performance Standards are set forth in Section 4.4.13(H)(2).
(a) Density may be increased over 30 du/ac in the Central Core Sub-district
on property located south of NE 2nd Street and north of SE 2nd Street,
excluding properties with frontage on Atlantic Avenue, extending for a
depth of 120 feet, or located within OSSHAD.
(b) Density may be increased over 30 du/ac in the Railroad Corridor Sub-
district on property located west of the FEC Railroad, north of NE 2nd
Street, and south of NE 3rd Street.
(c) Density may be increased over 12 du/ac (up to 30 du/ac) within the
West Atlantic Neighborhood Sub-district.
(d) Density may not be increased within the Beach Sub-district over 12
d u/ac.
(e) Properties located within a historic district or on individually designated
sites as listed on the Local Register of Historic Places in Section 4.5.1(1)
are not eligible to use the Incentive Program.
(2) Performance Standards for Density Increases. Projects which propose
to increase density from the base amount allowed in the CBD Sub-districts shall meet
all of the following standards:
(a) Workforce Housing Units. Workforce housing units, equal to at least
twenty percent (20%) of the bonus density shall be provided within the
development onsite, offsite, or though monetary contributions as
referenced in Article 4.7 (fractions shall be rounded up). The workforce
housing units shall be at the low or moderate income levels and shall
comply with other applicable provisions of Article 4.7.
(b) Diverse Unit Types. A number of different unit types, sizes and floor
plans shall be available within the development. Two and three
bedroom units are encouraged, as are a combination of multi-level
4.4 - 101
SECTION 4.4.13 (H)
DRAFT: 12/1/14
units and flats. In projects consisting of more than twelve (12) dwelling
units, the proportion of efficiency or studio type units may not exceed
25% of the total units. One bedroom units may not exceed 30%.
There is no maximum percentage for unit types established for projects
having twelve (12) or fewer units, however, a mix of unit types and
sizes is encouraged.
(c) Green Building Practices. All development which proposes to build a
density greater than 30 du/ac shall be at a minimum certified as Silver
by the United States Green Building Council (USGBC) Leadership in
Energy and Environmental Design (LEED) standards or equivalent
standards adopted or approved by the City.
1. At the time of Building Permit application, the owner shall submit:
a. Proof of registration with the Green Building Certification
Institute, or equivalent agency;
b. A signed and sealed affidavit from a LEED Accredited
Professional, or applicable designation, stating that the
proposed Building is designed to achieve the required
certification; and
c. A LEED Scorecard, or equivalent document, identifying
anticipated credits to be achieved.
2. At the time of Certificate of Occupancy application, the owner shall
submit:
a. Proof of certification by the Green Building Certification Institute,
or equivalent agency;
b. A bond posted in a form acceptable to the City, in the amount
indicated below;
i. Four percent (4%) of the total cost of construction for a
building up to 100,000 square feet;
ii. Five percent (5%) of the total cost of construction for a
building 100,001 - 200,000 square feet;
iii. Six percent (6%) of the total cost of construction for any
building greater than 200,000 square feet; or
c. Proof of partial compliance from the Green Building Certification
Institute, or applicable agency, which demonstrates the credits
presently achieved. In addition, a prorated portion of the full bond
amount, as indicated in subsection 2(b) above, shall be posted
4.4 - 102
SECTION 4.4.13 (H)
DRAFT: 12/1/14
based on the number of remaining credits needed to meet
minimum certification requirements. The bond amount to be
posted shall be calculated as follows:
(credits remaining for certification / credits required for certification)
x full bond amount = prorated bond amount
3. Forfeiture of Bond. The bond required under this Section
4.4.13(H)(2)(c) shall be forfeited to the City in the event that the
building does not meet the for LEED Silver certification or applicable
certification. The City will draw down on the bond funds upon failure
of the owner to submit proof of LEED Silver certification in a form
acceptable to the City within one (1) year of the City's issuance of
the Certificate of Occupancy for the building. If required certification
is not achieved but a majority of the credits have been verified, the
owner shall forfeit a portion of the bond based on any outstanding
credits which shall be calculated as follows:
(credits remaining for certification / credits required for certification) x
full bond amount = bond amount forfeited
If the amount to be forfeited is greater than fifty percent (50%) of the
full bond amount, the bond shall be forfeited in its entirety. Funds
that become available to the City from the forfeiture of the bond shall
be placed in the In-Lieu Parking Fee Fund and earmarked for bicycle
and pedestrian infrastructure purposes.
(d) Public Parking. All development which proposes to build a density
greater than 30 du/ac shall provide a plan to provide 10% more parking
spaces than the amount required, accessible to the general public on
an hourly or daily basis.
(3) Class-A Office Incentives. In order to ensure the downtown area
accommodates a balanced mix of uses over time, incentives to establish Class-
A office uses may be available through subsequent action by the City
Commission with participation by the Delray Beach CRA, including potential
real estate development partnerships, incentives for existing businesses to
relocate into the CBD, and job creation incentives.
(4) Approval Process for Incentives.
(a) Applications to utilize the Incentive Program will be reviewed as part of
a Class V site plan by the SPRAB for compliance with the regulations in
this code that direct building configuration, uses, open space,
streetscape design, parking location and quantity, and the
performance standards in Section 4.4.13(H)(2). The SPRAB will make
a recommendation to the City Commission on the entire Class V site
4.4 - 103
SECTION 4.4.13 (H)
DRAFT: 12/1/14
plan before the City Commission takes final action to approve or deny
the site plan and the increased density.
(b) Applications must include, in addition to the standard application items
of 2.4.3(A), a site and development plan (including landscaping,
elevations, and floor plans) of sufficient detail to determine that the
applicable development and performance standards are being met.
4.4 - 104
SECTION 4.4.13 (1)
DRAFT: 12/1/14
(1) CBD Parking Standards
(1) Purpose of Revised Standards. This section provides modified
regulations for off-street parking and bicycle parking within the CBD. These regulations
recognize that the downtown is a compact, interconnected area with multimodal
transportation options, and that improper placement of parking and mandatory
duplication of the parking supply on each building site separates the various land uses
from each other. This separation reduces the viability of the mixed-use districts and
harms the walkability of the streets in the downtown area. These regulations reflect the
needs of the urban, mixed use downtown. When in conflict with the regulations in
Section 4.6.9, this section shall rule.
(2) Minimum Number of Off-Street Parking Spaces.
(a) The minimum number of parking spaces required in Section 4.6.9(C)
"Number of Parking Spaces Required" is modified by this section for
use in the CBD; Table 4.4.13(K) identifies the minimum number of off-
street parking spaces required per use and location. Medical Offices,
call centers, and any other uses not listed in the table shall use the
requirements in Section 4.6.9(C).
1 . The Atlantic Avenue Parking District is mapped on the Central Core
Regulating Plan (See Figure 4.4.13-5).
2. Alternative Fuel Parking spaces are spaces provided on-site,
clearly marked with adjacent charging stations for electric
(EV)/plug-in hybrid vehicles (PHEV) and golf carts.
(b) The parking required for the creation of new floor area, shall also
include the replacement of any previously required parking which may
be eliminated.
(c) When the parking requirements are applied to new development or
expansion of an existing use, which results in the requirement of only
one new parking space, a one space exemption shall be allowed. This
exemption may only occur once per property.
(d) Properties located outside of the Atlantic Avenue Parking District less
than 65 feet in width are not required to provide off-street parking.
(e) Properties located outside of the Atlantic Avenue Parking District and
within 750 feet of a public parking garage or the Planned Tri-Rail
Coastal Link station (See Figure 4.4.13-5) are not required to provide
additional parking resulting from a change in use, except for new
restaurant uses, within an existing building, provided additional floor
area is not created.
4.4 - 105
SECTION 4.4.13 (1)
DRAFT: 12/1/14
Table 4.4.13(K)
Minimum Number of Off-street Parking Spaces Required in the CBD
Commercial Uses
Hotels/Motels' .7 space per guest room plus 1 space per 800 sf.
of meeting rooms and shops
Business and Professional Office <10,000sf 1 space per 500 sf. of net floor area
Business and Professional Office >10,000sf 1 space per 300 sf. of net floor area
Retail and Commercial Uses 1 space per 500 sf. of gross floor area
Restaurants and lounges (including those
located within hotels/motels) NOT in the 6 spaces per 1,000 sf. of gross floor area
Atlantic Avenue Parking District
Restaurants and lounges (including those 12 spaces per 1,000 sf. for the first 6,000 sf. Plus
located within hotels/motels) in the Atlantic 15 spaces per each additional 1,000 sf.
Avenue Parking District
Residential
Efficiency Dwelling Unit 1 space per unit
One Bedroom Dwelling Unit 1.25 spaces per unit
Two or More Bedroom Dwelling Unit 1.75 spaces per unit
Guest Parking shall be provided cumulatively as follows
- For the first 20 units .50 spaces per unit
- For units 21-50 .30 spaces per unit
- For units 51 and above .20 spaces per
Live/Work Units 2 spaces per unit
Alternative Fuel Parking Spaces
Residential 3% of Required Parking Spaces
Commercial 3% of Required Parking Spaces
(f) Properties located outside of the Atlantic Avenue Parking District and
within 750 feet of a public parking garage or the Planned Tri-Rail
Coastal Link Station (See Figure 4.4.13-5) may opt to use the in-lieu fee
option provided in Section 4.6.9(E)(3) up to 50% of the required off-
street parking amount.
(g) Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may
provide their required vehicular parking as valet parking, subject to the
provisions of Section 4.6.9(F)(3).
4.4 - 106
SECTION 4.4.13 (1)
DRAFT: 12/1/14
(3) Location and Access to Off-Street Parking. Parking and service areas
shall be accessed and located at the rear or side of the building(s) whenever possible.
(a) Location
1. Parking is not permitted in front setbacks or in side setbacks facing
streets, parks, or civic open spaces.
2. On Primary Streets, all parking lots shall be located to the rear of
buildings. The SPRAB can approve alternative locations where
parking in the rear is inappropriate or impossible and may require
special perimeter treatments to protect and improve the pedestrian
experience along the street.
3. On Secondary Streets, parking lots may also be located on the side
of buildings provided the parking is screened from view of the street
by a streetwall (See Section 4.4.13(F)(7)) and landscaping as set
forth in Section 4.6.16(H).
4. On Primary Streets, parking garage levels shall be lined by another
use permitted on Primary Streets for at least 20 feet of depth. (See
Section 4.4.13(C)). On Secondary Streets, parking garage levels
not lined by another use shall be screened by a building fagade that
meets the architectural requirements in Section 4.4.13(F).
5. Offsite parking arrangements may be provided in lieu of providing
on-site parking as set forth in Section 4.6.9(E)(5), except that the
other property must be located within seven hundred and fifty (750'),
measured along the closest pedestrian route between nearest
building entrance and nearest pedestrian garage entrance.
6. If the required parking is not or cannot be provided on-site or off-site,
the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied.
7. Within Townhouse and Townhouse type developments, parking may
be provided in front of garage units provided that such parking does
not result in the space for one unit impeding access to a space of
the other unit.
(b) Access. In addition to the standards in Section 6.1 .4, the following
standards apply in all CBD Sub-districts:
1. On Primary Streets, alleys and Secondary Streets, when present,
shall be the primary source of vehicular access to off-street parking.
Alleys may provide access to parking lots and garages and function
as standard drive aisles, provided public access is maintained and
4.4 - 107
SECTION 4.4.13 (1)
DRAFT: 12/1/14
access to all properties adjacent to the alley is maintained. Vehicles
may back out onto alleys.
2. When neither alleys nor Secondary Streets are present, primary
vehicular access may be from a Primary Street. In the instance that
site constraints necessitate access from a Primary Street, and the
provision of an access drive precludes meeting the minimum building
frontage percentage required, the Planning and Zoning Director may
administratively allow a reduction from the minimum building
frontage in order to allow vehicular access to the site.
3. When an alley is not present, bicycle, pedestrian, and vehicular
access between adjacent parcels across property lines is required,
and shall be accommodated within the site layout. The first property
owner to develop shall be required to make an irrevocable offer of
cross-access to the adjacent parcels prior to issuance of a building
permit. When adjacent property develops, a reciprocal offer of
cross-access is required, and the physical connection shall be
completed.
4. Parking lots and structures shall provide pedestrian and bicycle
access directly from a street. In addition, pedestrian access may
also be provided directly from a building.
5. Buildings with more than 250 feet of street frontage shall provide a
pedestrian/bicycle passageway at least 10 feet wide connecting rear
alleys and/or parking to the public sidewalk. The passageway shall
have transparent windows covering at least 20 percent of the wall
area and the incorporation of storefront windows is encouraged.
6. Public sidewalks may not be deviated to accommodate drop-off or
valet parking.
(4) Bicycle Parking and Facilities. Bicycle parking and facilities shall be provided
within the CBD Sub-districts.
(a) Minimum Number of Bicycle Parking Spaces. Table 4.4.13(L) identifies
the minimum number of bicycle parking spaces required per use.
1 . All non-residential uses over 2,000 square feet shall provide at least one
bicycle space.
2. For mixed use projects, both the non-residential and residential
requirements shall be provided.
3. Bicycle Parking requirements are applied to new development,
expansion of an existing use, and changes of use.
4.4 - 108
SECTION 4.4.13 (1)
DRAFT: 12/1/14
Table 4.4.13(L)
Minimum Number of Bicycle Parking Spaces Required in the CBD
Commercial Uses
Hotels/Motels 1 space per 10 guest rooms plus 1 space per 5,000 sf. of
restaurant, meeting rooms, and shops
Professional Office <50,000 sf. 1 space per 2,000 sf. of net floor area
Professional Office >50,000 sf. 1 space per 2,000 sf. of net floor area; 50% in lockers or
inside storage area plus shower facilities
Retail, Restaurant, and Commercial Uses 2 space per 1,000 sf. of gross floor area
Residential
Residential < 50 units 1 space per 2 units
Residential > 50 units 1 space per 2 units; 50% in lockers or inside storage area
Live/Work Unit 1 space per 2 units
Townhouses and Single-family Homes -
(b) Design and Location.
1 . Visitor, employee and resident bicycle parking facilities shall be visible to
the intended users within a location shown on the site plan that meets
the following standards;
a. Provided in a safe, accessible and convenient location.
b. Located within 300 feet of a main building entrance.
c. Does not encroach into the minimum streetscape area (see Section
4.4.13(E)(2)).
d. The Planning and Zoning Director shall review the location, design,
and details of the bicycle spaces as part of the site plan review.
2. Shower Facilities. Offices greater than 50,000 square feet shall at
least provide one shower and changing facility per gender. The
changing facility shall be installed adjacent to showers in a safe and
secured area.
3. Unless otherwise provided by law, residential condominium covenants
are encouraged not to prohibit the storage of bicycles inside individual
dwelling units.
4.4 - 109
SECTION 4.4.13 (J)
')RAFT: 12/1/14
(J) Streets and Blocks. The highly connected street and block structure of the
downtown CBD area is a critical component of the cultural and historic character of the
city. The network fosters multi-modal options, by reducing bike and walk distances, and
allowing traffic to disperse.
(1) Streets and Alleys. Within the CBD, the following standards apply to
streets and blocks:
(a) Local streets within the CBD may have travel lanes ten feet in width
provided on-street parking is incorporated in the cross-section and with
approval by the City Engineer.
(b) Streets and alleys may not be vacated or closed to accommodate new
development.
(c) Alleys provide an important tertiary support system. Alleys may be
relocated provided access and service is maintained to all properties and the
reconfigured alley maintains public access and has at least two separate
access points for entry and exit within the same block. Alleys that are identified
routes in the City's adopted bicycle and pedestrian master plan may not be
relocated. Dead-end service courts are not permitted. In order to meet the
City's sustainability goals, alleys that are improved as a result of redevelopment
are encouraged to use permeable paving such as porous asphalt or concrete,
subject to approval by the City Engineer. Development on property along side
an alley shall provide street lights as set forth in Section 6.1 .5.
(2) Analysis of Traffic Circulation and Access Points. To minimize impacts
and coordinate traffic circulation, a professional study that analyzes options for
internal traffic circulation and distribution to the external street network shall be
provided for proposed development that meets one of the following criteria:
(a) The development proposes to move an alley;
(b) The development is located on a block that does not have an alley;
(c) The site is two acres or more in size; or
(d) The site is located along the Intracoastal Waterway or a waterfront
park.
4.4 - 110
SECTION 4.4.13 (K)
DRAFT: 12/1/14
(K) CBD Review and Approval Process:
(1) In established structures, uses shall be allowed therein upon application to
and approval by the Chief Building Official for a Business Tax Receipt.
(2) Site Plan Review and Appearance Board (SPRAB). For any new
development requiring approval under Sections 2.4.5(F), 2.45(H), or 2.4.5(1), approval
must be granted by the Site Plan Review and Appearance Board (SPRAB), unless the
property is located within a designated historic district or is individually designated (see
subsection (3) below). In addition, the SPRAB has the following authority within the
CBD:
(a) Modification of building frontage and setback requirements by waiver in
order to accommodate civic buildings such as libraries, cultural facilities,
municipal buildings, etc. on properties that are not located within a Historic
District or Individually Designated Sites as listed on the Local Register of
historic Places in Section 4.5.1(I).
(b) SPRAB may provide relief from the additional setback required above
the third story for building entries, lobbies, and vertical circulation areas
configured as tower elements consistent with the architectural character of
the building.
(c) Determination of compliance with the Performance Standards of the
Incentive Program and provide recommendations of approval or denial to
City Commission of requested increases in density under the program.
(d) Determination that a site plan design for a full service grocery store in
the West Atlantic Neighborhood sub-district has compatible transitions
between commercial and residential areas.
(e) Determination that desirable connectivity between properties and/or
links identified on any adopted bicycle and pedestrian master plan are
achieved on the site plan.
(f) Approval of alternative surface parking configurations for sites located on
Primary Streets where parking in the rear is inappropriate or impossible.
The SPRAB may require special perimeter treatments to protect and
improve the pedestrian experience along the street.
(3) Historic Preservation Board. Any development of properties located
within a Historic District or Individually Designated Sites as listed on the Local Register
of Historic Places in Section 4.5.1(I) is subject to review by the Historic Preservation
Board (HPB), pursuant to Section 2.2.6(D). For these properties, the Historic
Preservation Board has the approval authority pursuant to Sections 2.4.5(F), 2.4.5(H),
and 2.4.5(1), plus the additional authority described in subsections (2)(a)—(f) above.
4.4 - 111
SECTION 4.4.13 (K)
DRAFT: 12/1/144
(4) West Atlantic Redevelopment Coalition (WARC). Projects located within
the West Atlantic Neighborhood Sub-district shall be reviewed by the WARC for
consistency with the Development Standards prior to review by the SPRAB or HPB.
(5) Pineapple Grove Design Review Committee. Projects located within the
boundaries of the Pineapple Grove Neighborhood Plan, as mapped on the Central Core
and Railroad Corridor Sub-districts Regulating Plans (See Section 4.4.13(B)), shall be
reviewed by the Pineapple Grove Design Review Committee for consistency with the
Development Standards and compliance with the Pineapple Grove Neighborhood Plan
prior to consideration by SPRAB or HPB.
(6) DDA and CRA. All development applications under their purview which are
processed through the Planning and Zoning Board, SPRAB, or HPB shall be referred to
the Downtown Development Authority and the Community Redevelopment Agency in
sufficient time to allow for review and comment prior to action by the approving body.
(7) Conditional Uses. Conditional uses listed on Table 4.4.13(A) may be
considered pursuant to the provisions of Section 2.4.5(E). In addition, the following
regulations apply:
(a) Drive-Through Facilities.
1 . Drive-in or drive-through restaurants are not permitted within the
West Atlantic Neighborhood Sub-district or on Primary Streets
within the other CBD Sub-districts.
2. On Primary Streets, drive through facilities serving banks and other
commercial uses shall have the drive through window(s) and
stacking area located behind buildings. On Secondary Streets,
drive through facilities may be located to the rear or side of
buildings.
(b) Gasoline Stations. Gasoline Stations are not permitted on Primary
Streets. In addition to the standards in 4.3.3(J), the following configuration
is required.
1. A ground-story shop must be located along a street, with the gas
pumps located to the rear of the lot as illustrated in Figure 4.4.13-
31. No more than eight dispensing locations are permitted.
2. The shop shall have the primary entrance facing and directly
accessible from the street; an additional entrance facing the parking
lot is permitted.
3. Gasoline Stations may be one story in height.
4.4 - 112
SECTION 4.4.13 (K)
DRAFT: 12/1/14
Figure 4.4.13-31
P�
Shop
i-
r.
(c) Wash Establishments. Wash establishment, with
automatic/mechanical systems only, for vehicles, except that such use shall
not be located east of the Intracoastal Waterway or on lots which front
along Primary Streets. Further, this use must be established on property
with a minimum lot area of 20,000 sq.ft.
(d) Automotive Repair and Detailinq. Automobile repair and automobile
detailing may not be located north of S.E. 1s' Street or south of SE 6th
Street, extended. Conditional use approval may not be granted for a new
automobile repair facility, or for the expansion of an existing facility, unless
it is specifically demonstrated that off-street parking is available in
accordance with the requirements of Section 4.6.9.
(e) Additional Application Requirements. Applications for conditional
use approval pursuant to Section 4.4.13(I) must include, in addition to the
standard application items of 2.4.3(A), a site and development plan
(including landscaping, elevations, and floor plans) of sufficient detail to
determine that the applicable performance standards are being met. Final
approval of the detailed site plan is by the Site Plan Review and
Appearance Board.
(f) Modifications. The process for modification of a conditional use and
site plan approved pursuant to Section 4.4.13 (I) is as follows:
1. Modifications to any aspect of the plan that was a basis for
determining compliance with the applicable performance standards
shall be processed as a modification to the conditional use
approval.
4.4 - 113
SECTION 4.4.13 (K)
DRAFT: 12/1/144
2. Modifications to the plan that do not affect the application of the
performance standards may be processed as a site plan
modification.
(8) Waivers. This code allows consideration of two types of waivers:
(a) Section 2.4.7(B)(1)(a) authorizes the waiver of certain regulations
irrespective of a property's zoning district. Those waivers may be
considered within the CBD in accordance with those specific provisions.
When reviewing applications that include waivers that can only be
granted by the City Commission, the Site Plan Review and Approval
Board and the Historic Preservation Board shall make formal
recommendations to the City Commission regarding those waivers.
(b) Section 2.4.7(B)(1)(b) authorizes the City Commission to waive certain
other regulations that no other official or board have the authority to
waive.
1 . Within the CBD, that authority of the City Commission is limited by
the following restrictions:
a. Building Height Waivers. Waivers to increase the number of
stories of a building may not be granted.
b. Front Setback Waivers. Waivers to decrease the minimum
front setback depth are not permitted if the reduction would
result in a streetscape that does not meet the minimum
requirements of Section 4.4.13(E)(2).
c. Sidewalk Width Waivers. Waivers to decrease the minimum
sidewalk width are not permitted in the CBD.
2. Within the CBD, the following standards shall be used by the City
Commission when considering waiver requests, in addition to the
findings in Section 2.4.7(B)(5):
a. The waiver shall not result in an inferior pedestrian experience
along a Primary Street, such as exposing parking garages or
large expanses of blank walls.
b. The waiver shall not allow the creation of significant
incompatibilities with nearby buildings or uses of land.
c. The waiver shall not erode the connectivity of the street and
sidewalk network or negatively impact any adopted bicycle/
pedestrian master plan.
d. The waiver shall not reduce the quality of civic open spaces
provided under this code.
4.4 - 114
5/1/2015 Coversheet
MEMORANDUM
TO Mayor and City Commissioners
FROM- Terry Stewart,, Interim City Manager
DATE: December 2,, 2014
SUBJECT. AGENDA ITEM 10A -REGULAR COMMISSION MEETING OF DECEMBER 9., 2014
ORDINANCE NO. 29-14 (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; repealing and
replacing Section 4.4.13,, "Central Business District (CBD)", with new zoning regulations.
LEGAL DEPARTMENT REVIEW
Advertisements for this item have met legal requirements.
DISCUSSION
At the first reading and first public hearing on November 18, 2014, the Commission passed Ordinance
No. 29-14.
RECOMMENDATION
Recommend approval of Ordinance No. 29-14 on second and final reading.
http*Hitwebapp/Agendaintranet/Bluesheet.aspx?ltemlD=8664&MeetingID=540
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING DATE: OCTOBER 6, 2014
AGENDA NO: IV. A.
AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR), BY REPEALING AND
REPLACING SECTION 4.4.13 "CENTRAL BUSINESS DISTRICT
(CBD)" WITH NEW ZONING 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 the Land Development Regulations (LDRs) to repeal Section 4.4.13
"Central Business District" in its entirety, and replace it with new zoning regulations.
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
Purpose & Scope of Services
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. The agreement with TCRPC also includes the creation of
architectural design guidelines that will be presented at a later date.
Companion Ordinances
The subject ordinance (Ord No. 29-14) ) to "repeal and replace" LDR Section 4.4.13 Central
Business District is the first of three (3) companion ordinances that are running concurrently.
The purpose of the second ordinance (Ord No. 30-14) is to provide a clean-up to various
sections of the LDRs necessitated as a result of the overall amendments included in the
replacement ordinance. A third ordinance is presented that will change the zoning district
designation for the two CBD-RC (Central Business District-Railroad Corridor) area-zoned
properties to simply CBD. They will each maintain the same geographic areas and are simply
undergoing a name change, and will be treated as a sub-district, consistent with the Beach,
Central Core, and West Atlantic sub-districts.
1
Planning and Zoning Board Staff Report of October 6, 2014
Repeal and Replace CBD Section 4.4.13
Public Outreach
An extensive effort to reach multiple stakeholders was made. Following are various audiences
to which presentations were made, with suggestions considered as the document was revised
and refined:
• Conducted 40 Individual Interviews
• Multiple Meetings With Staff
• March 20/August 7/October 2 —West Atlantic Redevelopment Coalition
• March 26 —Site Plan Review And Appearance Board
• June 10—City Commission Workshop
• July 24/September 23—Community Redevelopment Agency
• July 29/September 23— Parking Management Advisory Board
• July 30/September 30 -- Pineapple Grove Main Street Committee
• August 11 — Downtown Development Authority
• September 18— NW/SW Neighborhood Community Meeting
HIGHLIGHTS/ANALYSIS
The rewrite of the CBD regulations achieves several objectives. One improvement resulting
from this effort is that this version is reformatted to be more user-friendly. Examples include the
introduction of mapped locations where regulations are specific to geographic areas, such as
where height and density bonuses can be requested, where ground floor retail frontage uses
are required, and where special restaurant parking requirements are applied. Further,
regulations can be viewed at a glance in tabular format for height, density, setbacks, and civic
open space. A new enhancement to the presentation of these new regulations includes a series
of photographs and graphic illustrations which help to further explain the purpose and desired
result.
REGULATING PLANS
The Regulating Plans (maps) are provided for each sub-district of the CBD, where streets are
designated as either Primary or Secondary. Primary Streets are intended to develop over time
as superior pedestrian environments and are held to a higher standard regarding building
placement, building frontage, and the location of parking and service functions. Secondary
Streets are intended to accommodate service functions and vehicular-oriented development
needs, such as parking, loading and drive-through facilities. Currently, there is little to no
regulation distinguishing between those streets that are highly visible and traveled, versus the
various side streets, with all being treated equally, frequently creating difficulties in approving
development products without the need for a series of waivers. These new regulations prioritize
2
Planning and Zoning Board Staff Report of October 6, 2014
Repeal and Replace CBD Section 4.4.13
which streets need to be held to a higher standard. Greater predictability to the uses and
treatment depending upon the type of use, street, and structure will result.
The Regulating Plan further denotes where retail uses and types are required along the frontage
at sidewalk level (Required Retail Frontage). The Regulating Plan also shows where increases
in density may be granted. All properties within the West Atlantic Neighborhood may use the
program; Central Core and Railroad Corridor sub-districts may use the program only where
mapped; properties within the Beach sub-district are not eligible. Finally, the boundary of the
Atlantic Avenue Parking District is mapped and is being extended from the current boundary of
East 5th Avenue further east to the Intracoastal Waterway.
USE TABLE
In the current MRS, the zoning districts and the allowable uses within each are in narrative
format. There is not a central location to verify in which zoning district a particular use is
allowed, and by what approval process.
The CBD replacement ordinance includes a table that identifies uses as Principal, Accessory,
Conditional Use, Prohibited, or limited to Secondary Streets and is organized by Sub-District.
CONFIGURATION OF BUILDINGS
Specific methodologies are provided to govern how building height is to be measured. Building
height is measured by number of stories and overall feet in height. The proposed maximum of 4
stories would allow flexibility up to a height of 54 feet. The proposed maximum is slightly higher
than the current maximum height of 48 feet to allow taller ceiling heights which will facilitate
adaptive re-use of buildings over time.
All front setbacks are proposed at 10 feet minimum, whereas the current code has a 5 feet
minimum for commercial uses. All buildings have a step-back at the top of the 3 d story
(currently some streets require a step-back at the top of the 2nd story and 4th stories). Sites
greater than 40,000 square feet have a new requirement for Civic Open Space: 5% of the site
would be required to be a plaza, green, park, etc., or increased to 10% if the Height and Density
Bonus program is applied for buildings that measure greater than 400 feet in length. Table
4.4.13 (C) Dimensional Requirements by CBD Sub-district provides the setbacks, step-backs,
building height, density allowances, and the newly required minimum civic open space
requirement for each sub-district.
FRONTAGE/STREETSCAPE/PUBLIC REALM
One of the true benefits to a form-based zoning code is the enhanced public realm which
improves the overall visual appearance and multi-modal uses of downtown streets. This is
created by focusing particular attention to the building architecture and design components and
entrances, and the area between the building facades and the street. This has resulted in new
streetscape design standards, organizing the treatment of landscaping and sidewalk areas.
The new regulations require a minimum streetscape of 15 feet as measured from the back of
curb to the face of the building. A minimum five foot "curb zone" area, is required and
accommodates trees, as well as public infrastructure needs, such as utility poles, street lights,
street signs, etc. A minimum 6-foot wide "pedestrian clear zone" is required on all streets. The
balance of the area in front of the building must be detailed appropriately for the ground floor
use of the building. A series of building frontage types are described (porch, stoop, bracketed
3
Planning and Zoning Board Staff Report of October 6, 2014
Repeal and Replace CBD Section 4.4.13
balcony, forecourt, storefront, and arcade) with specific dimensional requirements, along with
both graphic representations as well as photographs to accurately depict the intent of the
regulations.
ARCHITECTURAL STANDARDS
New standards are proposed to further ensure visually attractive buildings in the downtown. For
example, buildings facing streets or civic open spaces must have transparent windows covering
between 20 and 75 percent of the wall area of each story. Cornices and moldings must project
at least 2 inches from the surface plane of the building, and not be covered by awnings or signs.
Secondary Street uses and large expanses of blank walls must be visually screened. A full host
of options to provide mitigation to otherwise bland architecture is offered in the replacement
ordinance.
CIVIC OPEN SPACES
In the proposed regulations, civic open spaces are privately maintained outdoor spaces which
are accessible to the general public; they improve the pedestrian environment, are aesthetically
pleasing, and serve as an amenity for the city as a whole as well as for the occupants of the
building. Different types of civic open space are provided with descriptions for each. Examples
include: Green, Plaza, Playground, Square, Attached Green, and Community Garden. The
configuration of such spaces is detailed, and additional standards, such as how many benches,
drinking fountains, bicycle racks, trash receptacles, pet cleanup stations, and principles for
CPTED are further provided.
HEIGHT AND DENSITY BONUS PROGRAM
Increases to height and/or density are currently allowed only through the conditional use
process. The proposed regulations allow such increases within the CBD only through a bonus
program which is introduced with this ordinance.
An increased maximum permitted height will be allowed by right at 4 stories or 54 feet
(increased from the current 48 feet). If increased height is desired, it can be requested up to 5
stories or 64 feet (increased from the current 60 feet), subject to Performance Standards.
Locations where this increase in height cannot be granted are:
• OSSHAD-zoned properties;
• properties with frontage along Atlantic Avenue;
• any property zoned which has a maximum permitted height of 35 feet within 150 feet of
the CBD;
• the Beach, West Atlantic Neighborhood, or Railroad Corridor sub-districts.
A density bonus may be granted in certain areas which are clearly identified on the Regulating
Plan. For example, density may be increased over the current allowance of 30 du/ac up to 100
du/ac in a narrow area of the Central Core, and the same in a specific section of the northern
Railroad Corridor sub-district. Density above 12 du/ac up to 30 du/ac is allowed in the West
Atlantic sub-district. In the Beach sub-district, density above 12 du/ac is not permitted.
BONUS PROGRAM PERFORMANCE STANDARDS
Any allowed use may occupy the fifth floor when such floor is granted through the bonus
program. When the fifth floor is for residential use, workforce housing, and a variety of floor
plans must be offered. Either height or density increases must provide at least 10% of the site
4
Planning and Zoning Board Staff Report of October 6, 2014
Repeal and Replace CBD Section 4.4.13
as civic open space for sites larger than 40,000 SF. Sites smaller than 40,000 SF may utilize
the bonus program by providing 5% as civic open space. Height bonuses must provide for
public parking or green building practices.
Projects are not eligible for the density and/or bonus program if waivers to sidewalk widths are
requested, if they include large expanses of blank walls or parking along Primary Streets, or if
they are either individually designated on the Local Register of Historic Places or within an
historic district.
Applications to utilize the Height and Density Bonus Program will be reviewed as part of a Class
V site plan by the SPRAB. The SPRAB will make a recommendation to the City Commission on
the entire Class V site plan before the City Commission approves the site plan and the request
for increased density and height.
VEHICULAR AND BICYCLE PARKING REQUIREMENTS
Provision for the number of required parking spaces is relatively unchanged. Minimum parking
requirements for hotels, retail and professional offices has been slightly reduced. Also, the
ordinance introduces the provision for Alternate Fuel Parking for golf carts and electric cars.
Parking for properties located outside of the Atlantic Avenue Parking District with less than 55
feet of street frontage are not required to provide off-street parking. When located within 750
feet of a public parking garage or the Planned Tri-Rail Coastal Link, proposals are not required
to provide additional parking resulting from a change of use in an existing building. Those same
properties may request up to 50%, an increase from the current 30% maximum, of the required
off-street parking through the in-lieu program.
The current bicycle parking ratios are expanded with this ordinance. A table is provided
detailing how many bicycle spaces are required per use and size of use. Of particular note is
that once an office measures greater than 50,000 SF, a shower and changing facility for each
gender must be provided.
PROFESSIONAL TRAFFIC STUDY
Newly introduced with this ordinance is the requirement for a professional traffic study when one
of the following is proposed with a development:
• An alley is proposed to be moved.
• The block on which the development is proposed does not have an alley.
• The site is two or more acres in size.
• The site is located along the Intracoastal Waterway or along a waterfront park.
REVIEW AND APPROVAL PROCESS
Review and approval in the CBD is processed through the Site Plan Review and Appearance
Board (SPRAB). Request to utilize the Density and Height Bonus Program are reviewed by the
SPRAB with a recommendation to the City Commission for their ultimate approval. Tower
elements may be granted relief by the SPRAB for the otherwise additionally required setbacks.
SPRAB also determines compliance with the Performance Standards to grant density and/or
height bonuses. Waivers to decrease the required sidewalk widths in the CBD will not be
allowed with the new regulations.
5
Planning and Zoning Board Staff Report of October 6, 2014
Repeal and Replace CBD Section 4.4.13
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-7
To encourage the provision of workforce housing and transit-oriented workforce residential
development in the City, the following policies shall be implemented.
Policy A-7.1 The maximum density may be increased within the Medium Density, General
Commercial and Transitional Future Land Use designations through the Workforce Housing
"Density Bonus Program". The concept is that for every workforce housing unit that a developer
builds, a calculated number of market rate units greater than would be allowed otherwise may
be built.
The proposed ordinance will continue to incentivize the provision of workforce housing through
the density bonus program. Further, parking is relaxed in areas around the future Transit Stop,
thereby encouraging transit-oriented workforce housing. The proposed ordinance is consistent
with this policy.
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.
This proposed ordinance is the culmination of numerous meetings with staff, stakeholders, and
board members, the public, advisory boards, etc. and reflects a review and update of the LDRs
that elevates the regulations in the downtown more in line with current trends and practices.
The proposed ordinance is consistent with this obiective.
Objective C-1
Blighted areas, as designated by the City Commission, shall receive special attention and
assistance in renewal. This objective shall be implemented through the following policies and
activities.
Policy C-1.5 The following pertains to the redevelopment of the West Atlantic Avenue Area:
This area extends in a corridor along Atlantic Avenue eastward from 1-95 to Swinton Avenue.
The present land uses in this area include single family homes, duplexes, mini-parks,
commercial uses along Atlantic Avenue and N.W. 5th Avenue, and scattered vacant parcels.
The West Atlantic Avenue Redevelopment Plan was adopted by the City Commission on July
11, 1995. The plan establishes Future Land Use Map designations, zonings, special
development standards, and design guidelines for the Redevelopment Area. Future
development in the area must be in accordance with the provisions of the redevelopment plan.
6
Planning and Zoning Board Staff Report of October 6, 2014
Repeal and Replace CBD Section 4.4.13
Current restrictions to preserve residential neighborhoods from commercial encroachment
continue with this ordinance. Uses remain unchanged from those previously allowed, and the
density and bonus programs are more limited to ensure compatibility with the various existing
neighborhoods. The proposed ordinance is consistent with this policy.
Objective C-3
The Central Business District (CBD) and surrounding neighborhoods, including A-1-A, Seacrest
and Swinton Avenue represents the essence of what is Delray Beach i.e. a "Village by the Sea".
The continued revitalization of the CBD is essential to achieving the overall theme of the City's
Comprehensive Plan by managing growth and preserving the charm. The following policies and
activities shall be pursued in the achievement of this objective.
Policy C-3.1 The Central Business District (CBD) Zoning District regulations shall facilitate
and encourage rehabilitation and revitalization and shall, at a minimum, address the following:
• deletion of inappropriate uses
• incentives for locating retail on the ground floor with office and residential use on upper
floors
• accommodating parking needs through innovative actions
• incentives for dinner theaters, playhouses, and other family oriented activities
• allowing and facilitating outdoor cafes
• incentives for mixed use development and rehabilitations
• elimination of side yard setback requirements
• allow structural overhang encroachments into required yard areas
The deletion of inappropriate uses will continue irrespective of this currently proposed
ordinance. Incentives for locating retail on the ground floor, with office and residential on upper
floors will continue, but with greater clarity and predictability. Theaters and playhouses, and
other family oriented uses, will continue to be encouraged. The outdoor cafe program will
continue with additional locational enhancements within 15-foot wide public realm. Incentives
are introduced for mixed use developments and rehabilitations, particularly where changes of
use in existing buildings will not require additional parking. Structural overhangs continue to be
encouraged, and this ordinance offers photographic as well as illustrative graphics to provide
clarity. The proposed ordinance is consistent with this policy of the Comprehensive Plan.
REVIEW BY OTHERS
The Community Redevelopment Agency (CRA) reviewed the item at their September 23,
2014 meeting and a consensus was reached to recommend approval.
The Parking Management Advisory Board (PMAB) reviewed updates to the item at their
September 23, 2014 meeting after a consensus was reached to recommend approval at their
July 29, 2014 meeting.
The Pineapple Grove Main Street (PGMS) Committee reviewed the item at their September
30, 2014 meeting and reached a consensus of approval for the items however, two board
7
Planning and Zoning Board Staff Report of October 6, 2014
Repeal and Replace CBD Section 4.4.13
members abstained from voting on the Repeal and Replace" item over concerns with the new
height proposal of 54 feet.
The West Atlantic Redevelopment Coalition (WARC) reviewed the item at their October 2,
2014 meeting and reached a consensus to recommend approval.
The Downtown Development Authority (DDA) reviewed the item at their October 6, 2014
meeting and their recommendation will be conveyed at the October 6, 2014 special meeting of
the Planning and Zoning Board.
Courtesy Notices
Courtesy notices were provided to the following homeowner and civic associations:
• Neighborhood Advisory Council
• Alliance of Delray
Public Notice:
Formal public notice has been provided to all affected property owners currently zoned CBD
and CBD-RC. Letters of objection or support, if any, will be presented at the Planning and
Zoning Board meeting.
ASSESSMENT/CONCLUSION/NEXT STEPS
The proposed ordinance and its many intended objectives have been achieved with this
replacement ordinance and new regulations. Locations where increased height and density is
permitted have been defined to be in more rational locations. In addition to the greater
predictability offered by these new regulations, the form-based element of this ordinance
ensures that if a height or density is granted, that the realm that the public will enjoy for the
granting of that additional development will be measureable and functional. This featured
element will further create publicly used spaces throughout the downtown, further enhancing the
redeveloping community of downtown Delray Beach.
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, REPEALING AND REPLACING SECTION 4.4.13 "CENTRAL
BUSINESS DISTRICT (CBD)"WITH NEW ZONING REGULATIONS of the Land
Development Regulations, 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, REPEALING AND REPLACING SECTION 4.4.13 "CENTRAL
8
Planning and Zoning Board Staff Report of October 6, 2014
Repeal and Replace CBD Section 4.4.13
BUSINESS DISTRICT (CBD)"WITH NEW ZONING REGULATIONS 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).
RECOMMENDED ACTION
Recommend approval of the amendment to Land Development Regulations, REPEALING AND
REPLACING SECTION 4.4.13 "CENTRAL BUSINESS DISTRICT (CBD)"WITH NEW ZONING
REGULATIONS, 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 29-14, "Ordinance A-2014"
9
INN
DOWNTOWN
D E{��L.G.A.13'i/iE `I
MEEM
Downtown DeIrayBeach.com
BOARD OF DIRECTORS October 10,2014
C3a� Cook
Chair ir Zoning Planning& Board Members
Hand's stationers City of Delray Beach
Seabron A.Smith 100 NW 1"Avenue
Vice-Chairman Delray Beach,FL 33483
TED Center
Bonnie Beer RE: Central Business District Text Amendments to the Land Development
Treasurer Regulations
Gaffe Luna Rosa
Albert RiGhwagen Dear Board Members:
Secretary
Rinhwagen's Bicycles
This concerns Planning&Zoning item that came before the Delray Beach
Ryan Boylston Downtown Development Authority meeting of October 6,2014. The DDA will also
Woo creative read the project motions and resulting vote during Public Comments at the pertinent
Frank Frione City Commission meetings, thus having the DDA decision become part of the public
GFA International,Inc. record.
Scott Kennedy
Union Delray At this time we wish to advise you of the results of the Central Business District Text
Amendment to the Land Development Regulations presentation that came before the
DDA Board at the October 6,2014 meeting. This presentation was made by Anthea
Gianniotes of the Treasure Coast Regional Planning Council.
ITEM: Recommendations on the following points:
ACTION—Motion to approve the proposed increased sidewalk widths and set-backs.
Motion made.by: Frank Frione; 2nd: Seabron A. Smith,
DDA Board Consensus of Agreement carried unanimously.
ACTION—Motion to approve the proposed height requirement measured to the roof deck to four (4)
stories only with a maximum height of fifty-four feet(54 ft).
Motion made by: Seabron A. Smith;2°d Bonnie Beer.
DDA Board Consensus of Agreement carries unanimously.
ACTION—Motion to approve the proposed fifth (5"') floor component up to sixty-four feet(64 ft.) only
with extended requirements.
Motion made by: Ryan Boylston;2"d: Frank Frione.
DDA Board Consensus of Agreement carries unanimously.
ACTION—Motion to approve proposed civic space open to 40,000 square feet.
Motion made by: Ryan Boylston;2nd Bonnie Beer.
DDA Board Consensus of Agreement carries unanimously.
85 SE 4th Avenue, Suite 108, Delray Beach, FL 33483 e (561) 243-1077 Fax: (5611)243-1079
Please know that we send this information to assist you in making your decisions as they affect the DDA
District of Downtown Delray Beach.
Sincerely,
David Cook
Chairman
cc: Dana Little, Director,Planning&Zoning Department
Mark McDonnell, Assistant Director, Planning&Zoning Department
DDA Board of Directors
85 SE 4th Avenue, Suite 108, Delray Beach, FL 33483 - (561) 243-1077 Fax: (561)243-1079
EXHIBIT A SECTION 4.4.13
)RAFT: 12/1/14
Section 4.4.13 Central Business (CBD) District:
(A) Purpose and Intent: The
Central Business District (CBD) Zone
District is established in order to Hjlj7j �
preserve and protect the cultural and
historic aspects of downtown Delray p Y
Beach and simultaneously provide for K
the stimulation and enhancement of the B
vitality and economic growth of this
special area. Establishment of the CBD o
District is consistent with and
MOM
implements, in part, Objective C-4 of the
Land Use Element of the
Comprehensive Plan. The CBD District
is generally applied to territory depicted IL
in the Commercial Core designation on
the Future Land Use Map. s
d
The areas described below and shown
in Figures 4.4.13-1, 4.4.13-2, 4.4.13-3,
4.4.13-4 provide for development that is
consistent with the adopted Downtown
Delray Beach Master Plan.
A � AAIIK
(1) Central Core Sub-District: The "A
regulations are intended to result in
development that preserves the A T L A N T d C A V E N U E v
downtown's historic moderate scale, Q FT-1 Q Fn
while promoting a balanced mix of uses
that will help the area evolve into a
traditional, self-sufficient downtown. „ s
Residential development is permitted at
higher densities in this area than any WL
other part of the city, in order to foster ID
compact, pedestrian oriented growth
that will support downtown businesses.
Figure 4.4.13-1 —Central Core Sub-district
4.4 - 58
SECTION 4.4.13 (A)
FT '. ,
(2) Beach Sub-District: The goal for this sub-district is to "preserve and enhance the
character of these areas, the public condition of the beach, the vitality of its center, and
the natural environment." The Master Plan calls for redevelopment of existing buildings
in a manner that places storefronts close to the street and parking in the rear. Where
existing buildings are separated from the pedestrian ways by wide landscaped areas,
the addition of arcades and new building square footage to bring the storefronts closer
to the street is encouraged.
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4.4 - 59
SECTION 4.4.13 (A)
DRAFT: 12/1/1-4
(3) West Atlantic Neighborhood Sub-district: The goal for this sub-district is to
provide for development that is consistent with the adopted West Atlantic Avenue
Redevelopment Plan and the Downtown Delray Beach Master Plan. The emphasis is
on the preservation and enhancement of existing neighborhoods, while promoting a
pedestrian friendly commercial area along Atlantic Avenue that contains a mix of
residential, commercial and civic functions. Businesses that are oriented toward serving
the local neighborhood, as opposed to a regional area, are encouraged.
Figure 4.4.13-3—West Atlantic Neighborhood Sub-district
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4.4 - 60
SECTION 4.4.13 (A)
DRAFT: 12/1/14
(4) Railroad Corridor Sub-district:
The goal for this sub-district is to H.E. 5TH
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allow for development of light �� PUBLdJ(
industrial type uses on properties HE. C5TH ST. Z
that are in the downtown area, but =TFMTR d �
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to recognize the long-standing light
industrial character of this railroad a
corridor; to provide for the upgrading o
and expansion of existing uses
when appropriate; and to enhance N.E. ,RD
the economic growth of the central
business district by providing 4
employment opportunities in the
downtown area. This sub-district is r
comprised of two nodes, one in yNE o 3N0
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shown in Figure 4.4.13-4.
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4.4 - 61
SECTION 4.4.13 (B)
DRAFT: 12/1/14
(B) Regulating Plans. The Delray Beach Central Business District Regulating
Plans depict additional information necessary to apply the standards contained in this
Section and are hereby officially adopted as an integral part of these regulations. A
Regulating Plan for each CBD Sub-District is provided in this section and versions at
larger scales are available in the Planning and Zoning Department. The Regulating
Plans depict the following information:
(1) Primary and Secondary Streets and Alleys. Primary Streets are
intended to develop over time as superior pedestrian environments and, as such,
are held to higher standards in the regulations regarding building placement,
building frontage, and the location of parking and service uses. Streets not
designated as Primary Streets are considered Secondary Streets, which can
accommodate service functions and vehicular-oriented development needs,
including parking, loading, and drive-through facilities. Alleys are important assets
in the CBD, performing many functions within small rights-of-way.
(2) Required Retail Frontage. Certain streets within the CBD are intended to
be lively, highly active pedestrian environments that support businesses and
reinforce local character. Streets designated as Required Retail Frontage are held
to stricter standards regarding allowable frontage types and uses located within
side-walk level stories.
(3) Parking and Transit Locations. The locations of public parking garages
and the planned Tri-Rail Coastal Link station are mapped on the Regulating Plan.
Parking requirements may be adjusted based on the proximity to these
transportation resources. In addition, the Atlantic Avenue Parking Area is mapped,
which has special parking requirements for restaurant and lounge uses. See
Section 4.4.13(I).
(4) Density Bonus Areas. The Q-49ASO.b.' -BGRusIncentive Program allows
increased density in certain areas of the CBD, subject to additional standards and
certain location criteria (Section 4.4.13(H)). Properties located within the West
Atlantic Neighborhood Sub-district are eligible to use the program. Properties in the
Central Core and Railroad Corridor Sub-districts that are eligible for increased
density are mapped on the Regulating Plans. Properties located within the Beach
Sub-district are not eligible for increased density.
(5) West Atlantic Neighborhood Commercial Area. The location of
commercial uses is limited within the West Atlantic Neighborhood Sub-district to
protect established residential areas from commercial intrusion.
(6) Old School Square Historic Arts District (OSSHAD) Zoning with CBD
Overlay. Properties with OSSHAD Zoning with CBD Overlay may follow the
Central Core Sub-district development standards for principal and accessory uses
only and may not apply for conditional uses or participate in the Densit
ReA'+slncenti% Program in Section 4.4.13(H).
4.4 - 62
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SECTION 4.4.13 (B)
DRAFT: 12/1/14
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LEGEND
CBD ZONING
WEST ATLANTIC NEIGHBORHOOD
WEST ATLANTIC NEIGHBORHOOD COMMERCIAL AREA
L----J
REQUIRED RETAIL FRONTAGE
PRIMARY STREETS
(a PUBLIC PARKING GARAGE
4.4 - 64
SECTION 4.4.13 (B)
DRAFT: 12/1/14
Figure 4.4.13-7—Railroad Corridor Sub-district Regulating Plan
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LEGEND
CBD ZONING
RAILROAD CORRIDOR
r RAILROAD CORRIDOR DENSITY BONUS AREA
PINEAPPLE GROVE NEIGHBORHOOD PLAN
4.4 - 65
SECTION 4.4.13 (C)
DRAFT: 12/1/14
(C) Allowable Uses
(1) Principal, Accessory, and Conditional Uses. Table 4.4.13(A) identifies
the allowable principal, accessory, and conditional uses for each area of the CBD.
See Section 4.4.13(J) for approval standards. Streets designated as "Primary
Streets" or "Required Retail Streets" on the Regulating Plan have additional
standards.
(2) Use Variations for Primary and Secondary Streets. Primary Streets are
intended to be superior pedestrian environments and, as such, are held to higher
standards regarding the location of certain uses, including parking. The Regulating
Plan designates certain streets as "Primary Streets" and all other streets are
considered to be "Secondary Streets."
(a) Where a principal or accessory use does not have an "S" in Table
4.4.13(A), the use is permitted on both Primary and Secondary streets.
(b) Where a principal or accessory use in Table 4.4.13(A) has an "S" in the
column, the use is a "Secondary Street" use.
1. Secondary Street uses are permitted without limitations on
Secondary Streets.
2. On Primary Streets, Secondary Street uses (including parking garage
levels) shall be lined along the street for a depth of at least 20 feet on
all stories by a use permitted on all streets (see Figure 4.4.13-8).
3. On Primary Streets, Public Parking Garages (as mapped on a
regulating plan) shall be lined along the sidewalk level for a depth of
at least 20 feet by a use permitted on all streets; a use liner is not
required on upper levels.
(c) The standards for Conditional Uses are in Section 4.4.13(K).
4.4 - 66
SECTION 4.4.13 (C)
Figure 4.4.13-8— Primary & Secondary Street Uses
Primary Street Uses Secondary Street Uses
PL PL
I I
RBStd6ntial i 3rd story ________
Parking
F— ------- 3rd story j Rasldentlal
Parking Ofrice 2nd story
Parking
------ -- 2nd story _ _ I Qffice
Ratail ! 1 s story _---� r—
Parking Ist story I Parking
�20'Min — PRIMARY SECONDARY
STREET STREET
Use Permitted can All Streets Use Permitted on All Streets
Secondary Street Use Secondary Street Use
(3) Use Limitations on Required Retail Frontages. Streets designated on
the Regulating Plan with Required Retail Frontage are intended to be lively, highly
active pedestrian environments that support businesses and reinforce local
character. Properties on streets designated with Required Retail Frontage have
use and frontage type standards that apply to the sidewalk level story.
(a) All Districts.
1 . Residential units, including multi-family and live-work, are not
permitted in the sidewalk-level story on streets with Required Retail
Frontage.
2. On Required Retail Streets, buildings shall use either a Storefront or
Arcade frontage type (See Section 4.4.13(E)).
(b) Central Core and Beach Sub-districts. 100% of the building frontage
of the sidewalk level story shall be for the following uses (as described in Table
4.4.13(A)), for a minimum depth of 20 feet:
1 . General retail uses and/or facilities, except that sales of automotive
parts, lawn care equipment, or second hand material (other than
verifiable antiques) are not permitted.
2. Services and facilities
3. Hotels, motels, or residence-type inns
4.4 - 67
SECTION 4.4.13 (C)
DRAFT: 12/1/14
(c) West Atlantic Neighborhood Sub-district
1 . At least 50% of the building frontage of the sidewalk level story shall
be for the following uses (as described in Table 4.4.13(A)), for a
minimum depth of 20 feet:
a. General retail uses and/or facilities, except that sales of
automotive parts, lawn care equipment, firearms, or second hand
material (other than verifiable antiques) are not permitted.
b. Services and facilities
c. Hotels, motels, or residential-type inns as a Conditional Use
2. Up to 50% of the building frontage of the sidewalk level may be for
business, professional, and medical uses; more than 50% may be
approved as a Conditional Use.
4.4 - 68
SECTION 4.4.13 (C)
Table 4.4.13(A)-Allowable Uses in the CBD Sub-Districts
West
Atlantic
Central Railroad Beach Neigh.
Core Corridor Area
General retail uses and/or facilities,as in GC district(4.4.9)'2 P P P P
Business,professional,and medical uses,as in GC district(4.4.9) P P P P
Services and facilities,as in GC district(4.4.9) P P P P
Multiple-family dwellings3, including residential licensed service provider facilities P P P P
Assisted living facilities,nursing homes,and continuing care facilities P P P P
Live/work units(see 4.3.3(KKK)) P P P P
Hotels,motels,and residential-type inns3(see 4.3.3(M)and 4.3.3(X)) P P P C
Bed and breakfast inns(see 4.3.3(Y)) P P P C
Public Parking Garages,as mapped on a Regulating plan P,S P,S P,S P,S
Fabrication and/or Assembly - P -
Wholesaling,Storage,and Distribution - P - -
Contractor and trade services - P - -
Automobile brokerage, including vehicle display within an enclosed structure - P -
Family day care homes(see 4.3.3(T)) A A A A
Home occupations(see 4.3.3(K)) A A A A
Mechanical parking lifts(see 4.6.9(D)(11)and 4.6.9(F)(4)) A,S A A,S A,S
Parking areas and refuse and service areas A,S A A,S A,S
Recreational facilities(for a multiple-family complex) A A A A
Services and repair(incidental to the principal use) A,S A A,S A,S
Single-family dwelling(occupied by owner, proprietor,or employee of the principal use) A A A A
Storage of inventory(not shared or leased independent of the principal use) A,S A A,S A,S
Automobile repair _ C
Child care and adult day care facilities(see 4.3.3(E)) C C C C
Commercial recreation,such as bowling alleys and skating rinks C C C C
Community residential homes(see 4.3.3(1)) C C C C
Drive-through facilities(serving banks,restaurants,retail uses,etc.) C C C C
Food Preparation and/or Processing - C - -
Flea markets,bazaars,and similar retail uses C C C C
Funeral homes, including accessory uses such as a chapel or crematory C C C C
Gasoline stations and/or car washes C C - -
Group homes,Type 2 only(see 4.3.3(1)) C C C C
Large family child care homes(see 4.3.3(TT)) C C C C
Dry-cleaning Processing Plants - C - -
Segway tours and Segway sales(see 4.3.3(ZZZZ)) C C C C
Theaters,excluding drive-ins C C C C
Veterinary Clinics C C C C
24-hour or late-night businesses,within 300'of residential property(see 4.3.3(VV)) C C C C
LEGEND: P= Principal Use A=Accessory Use C=Conditional Use -= Prohibited Use S=Secondary Street Use
Sales of automotive parts,lawn care equipment,firearms,or second hand material(other than verifiable antiques)are not allowed
on properties facing a street designated as a Required Retail Street on the Regulating Plan or in the West Atlantic Neighborhood.
2 See Section 4.4.13(C)(4)(c)for limitations on the rental of sporting goods and equipment.
3 For density limits,see Section 4.4.13(D).
4 Not self storage facilities; products and materials shall not exceed 55 gallons of any substance which is listed on the Generic
Substances List of the Palm Beach County Wellfield Protection Ordinance(Ref.: Palm Beach County LDC,Article 9, Section 9.3)
5 See Section 4.4.13(C)(4)(a) for limits on Commercial use locations in the West Atlantic Neighborhood Sub-district
4.4 - 69
SECTION 4.4.13 (C)
DRAFT: 12/1/14
(4) Supplemental Use Standards.
(a) Sporting Goods/Equipment Rentals. The rental of sporting goods and
equipment shall be limited to no more than one business renting a specific category
of item (i.e. bicycles, skates, etc.) every 300 feet measured in a straight line from
door to door, and any outdoor displays are subject to the restrictions set forth in
Section 4.6.6(C)(3).
(b) Worker Transport/Assembly Points. The picking-up, dropping-off, or
otherwise transporting workers, assigned through an employment agency, from an
assembly point in the CBD to the work site is prohibited, except within the West
Atlantic Neighborhood area provided the structure involved does not have an
entrance from and/or windows facing West Atlantic Avenue.
(c) West Atlantic Neighborhood District Supplemental Use Standards: The
following supplemental district regulations apply in the West Atlantic Neighborhood
Sub-district:
1 . West Atlantic Neighborhood Commercial Area. Commercial
structures are allowed on NW 5th Avenue, SW 5th Avenue, and may
extend up to 150 feet from Atlantic Avenue. Accessory uses such as
parking areas, landscaping, and drainage retention areas may extend
beyond the 150 foot limit. Full service grocery stores may extend
beyond the 150 foot limit with approval by the SPRAB of a site plan
design that ensures compatible transitions between commercial and
residential areas. Establishment or expansion of other structures
beyond the 150 foot limit may be allowed as a conditional use, subject
to the required findings of Section 2.4.5(E)(5). The West Atlantic
Neighborhood Commercial Area is mapped on the West Atlantic
Neighborhood Regulating Plan.
2. There is no restriction on repair and/or reconstruction of non-
conforming single family residences located a minimum of 150 feet from
Atlantic Avenue.
(d) Railroad Corridor District Supplemental Use Standards: Within the
Railroad Corridor Sub-district, except for outside storage approved pursuant to
Section 4.6.6(C)(2), all principal and conditional uses shall be conducted within an
enclosed building.
4.4 - 70
SECTION 4.4.13 (D)
DRAFT: 12/1/14
(D) Configuration of Buildings:
(1) Standards for CBD Generally. The following building configuration
standards apply to all CBD Sub-districts:.
(a) Building Height. Unless otherwise specified herein, the height of
buildings shall be measured in and regulated by the number of stories
and the maximum overall building height. The number of stories is
regulated for each CBD Sub-district (See Table 4.4.13(C)). Increasing
the maximum number of stories allowed may not be approved as a
waiver. Stories are measured from the finished floor to finished ceiling.
See Figure 4.4.13-10.
1. Maximum overall building height in feet is 54 feet. For the purposes
of this section, height is measured from the average crown of road
or the FEMA published minimum finished floor elevation (whichever
is greater) to the highest finished roof surface of a flat roof or the
soffit of a gable, hip, or gambrel roof.
2. Stories located below grade are for parking or storage uses only and
are not counted for the purpose of measuring building height. If the
floor of the first habitable story is elevated more than four feet above
the adjacent sidewalk, the space below counts as the first story for
the purposes of measuring building height.
3. The ground story of commercial or mixed-use buildings shall be a
minimum of 12 feet tall.
4. The ground story of residential buildings shall be a minimum of 10
feet tall.
5. Each story above the ground story in all buildings must be at least
feet tall.
6. Mezzanines that exceed the PeFGeRtage1 percent of floor area
;8ZZa IH8 d8t'H thP- P69Firda Q„iIGIiRg Cede are counted as
stories for the purpose of measuring height.
7. Each parking garage level exposed to a street or civic open space
shall be counted as a story for the purposes of measuring height.
Parking levels fully concealed from view by a story containing an
active use (i.e. retail, residential, office) are not counted as stories
for the purpose of measuring height. See Figure 4.4.13-9.
8. Within the Central Core, Railroad Corridor, and Beach Sub-districts,
residential units must have the floor of the first habitable story
elevated at least 18 inches above the adjacent sidewalk. Within the
4.4 - 71
SECTION 4.4.13 (D)
DRAFT: 12/1114
West Atlantic Neighborhood Sub-district, residential units must have
the floor of the first habitable story elevated at least 12 inches above
the adjacent sidewalk. Lobbies and common areas in multi-unit or
mixed-use buildings may have a lower ground floor finish level.
9. Flat roofs shall be enclosed by parapets which shall conform to the
standards in Section 4.3.4(J)(3)(c). Green roofs are encouraged.
10. Mechanical equipment necessary to the operation or maintenance of
the building such as, but not limited to, elevator, stair, and
mechanical rooms, cooling towers, vent stacks and antennae shall
be screened in such a manner that the enclosure is an integral part
of the overall building design, provides a balanced and graceful
silhouette, and ameliorates the visual impact from adjacent
buildings. Minor features not exceeding one foot in height shall be
exempted from this regulation.
11. Architectural features including church spires, steeples, belfries, and
cupolas are not limited by story height; however, any part of any
such feature shall not extend above the height of sixty-four feet (64')
unless specifically approved by action of the City Commission.
Figure 4.4.13-9-Counting the Number of Stories
3-Story Building 3-Story Building
4 Fully Concealed Parking Levels Parking Level Exposed to Secondary Street
PL PL
I I
-1-----------
Parking Residential i 3rd story
F °°°°'°- 3rd story I Residential
Parking Office j 2nd story ___ ---- _
Parking __m --- 2nd story Office
Retail i lststory
Parking l st story Parking
:::::R:EET SECOH6ARY
STREET
Active Use Active Use
Parking Parking
4.4 - 72
SECTION 4.4.13 (D)
ref w
Figure 4.4.13-10-Measuring Building Height
PL
PL
D E t I k
I
I I
D I I
I A !
D i A I D
■
I I
B C
B
l
I
I I
Commercial Residential
Table 4.4.13(8)
Building Height
A Maximum Number of Stories 4
A Maximum Overall Building Height 54 ft.
B Ground Floor Finish Level
Commercial Uses 6" max.
Residential Units 18" min.
C Ground Story Height
Commercial and Mixed-Use Buildings 12 ft. min.
Residential Buildings 10 ft. min.
D Upper Story Height ft. min.
E Additional Setback Above 3rd Story 10 ft. min.
4.4 - 73
SECTION 4.4.13 (D)
DRAFT: 12/1/14
(b) Building Placement.
1. Front setbacks shall be measured from the property lines coinciding
with public rights-of-way, including streets and parks.
a. Awnings, porches, balconies, stoops and arcades may encroach
into the setbacks as set forth in Section 4.4.13(E).
b. Roof Eaves may encroach into the setbacks a maximum of four
feet (4').
Figure 4.4.13- 11 -Building Frontage Requirement
j A+ B=Total Building Frontage j
I ]
I A B I
I 1
I I
- I
�' C�111C j
L,_. _ _ Front Setback ,_......._._._.......
_._-1.
i-
2. Where development may build with no side setback, the following
limitations also apply:
a. Side setbacks are required only when an abutting a residential
zoning district or a property with a building existing as of the
effective date of this ordinance [date] with windows facing the
adjoining lot line. Then, new development shall setback to
provide at least 10 feet of separation between the existing and
new buildings.
b. All light and air shafts, including those necessary per the
percentage of openings on building fagades, shall be provided
within the property.
c. Buildings taller than three stories in height have additional
setback requirements for the upper stories, as described in
Section 4.4.13(D)(2).
4.4 - 74
SECTION 4.4.13 (D)
DRAFT: 12/1/14
(c) Frontage Percentages. Building frontage is the percentage of the total
width of a lot minus the required setbacks, which is required to be
occupied by the primary fagade of a building. Building frontage
requirements are set forth in Table 4.4.13 (C) for each CBD Sub-district.
1. The primary fagade shall be generally parallel to the right-of-way,
located in accordance with the minimum and maximum front setback
requirements of the zoning district.
2. The location of the primary fagade is not changed by the projection of
architectural elements such as cornices, bay windows, awnings,
porches, balconies, stoops, or arcades.
3. The primary fagade may adjust around a Civic Open Space that
meets the requirements in Section 4.4.13(G) as shown in Figure
4.4.13-11.
4. On corner lots, the primary fagade shall extend from the corner to
ensure that new development (or civic open space) defines the
corner.
(d) Minimum Floor Area for Dwelling Units. Minimum floor area for multi-
family residential dwelling units shall be as established for the Medium
Density Residential (RM) zoning district in Section 4.3.4(K).
(e) Other Standards. Other standards also apply in CBD sub-districts:
1. Frontage Standards are in Section 4.4.13(E).
2. Architectural Standards are in Section 4.4.13(F).
3. Civic Open Space Standards are in Section 4.4.13(G).
4 non°,+„ Q^r„°Incentiv Program is in Section 4.4.13(H).
5. Parking Standards are in Section 4.4.13(1).
6. Review and Approval Process is in Section 4.4.13(J)
4.4 - 75
SECTION 4.4.13 (D)
DRAFT: 12/1/14
(2)Dimensional Requirements for CBD Sub-districts. Table 4.4.13(C) provides
the dimensional requirements regarding lot size, building placement, building size,
height, density, and civic open space for each CBD Sub-district. Figure 4.4.13-12
illustrates the dimensional requirements from the table.
(a) Buildings shall be located in accordance with the minimum and maximum
setbacks in Table 4.4.13(C).
1. The front setback or side setback facing a street or park is a minimum of
10 feet and a maximum of 15 feet, which is coordinated with streetscape
requirements in Section 4.4.13(E)(2).
2. Minimum rear set back is 10 feet and minimum side setbacks are 0 feet.
Side lot lines adjoining alleys are regulated by rear setbacks.
3. Buildings over three stories in height are subject to additional setback
requirements in order to ensure architectural articulation and reduce the
impact of taller building heights.
a. At the top of the third story, front and rear setbacks are 20 feet
minimum.
b. With approval from the SPRAB, building entries, lobbies, and vertical
circulation areas located above the third story may not be required to
increase the setback to 20 feet, if configured as tower elements
determined to be consistent with the Delray Beach Architectural
Design Guidelines.
4. Where the rear or side of a property directly abuts a residential 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:
a. For buildings or portions of buildings three stories or less in height,
a minimum side set back of ten feet (10') from the property line
shall be provided.
b. At the top of the third story, minimum side and rear building
setbacks of 30 feet shall be provided from the property line for the
portion of the building that is over three stories in height.
c. A solid finished masonry wall six feet in height, or a continuous
hedge at least 4-1/2 feet in height at the time of installation, shall be
located inside and adjacent to the portion of the boundary line of
the CBD-zoned property which directly abuts the residentially
zoned property. Walkways and other pedestrian or bicycle
4.4 - 76
SECTION 4.4.13 (D)
DRAFT: 12/1/14
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.
5. On Primary Streets, the minimum building frontage is seventy-five
percent (75%) and the maximum frontage is a hundred percent (100%).
On Secondary streets, minimum building frontage is not required and the
maximum building frontage is a hundred percent (100%).
6. Buildings with more than 250 feet of street frontage shall provide a
pedestrian/bicycle passageway at least 10 feet wide connecting rear
alleys and/or parking to the public sidewalk. The passageway shall
have transparent windows covering at least percent of the wall
area and the incorporation of storefront windows is encouraged.
4.4 - 77
SECTION 4.4.13 (D)
x
Table 4.4.13(C)
Dimensional Requirements by CBD Sub-district
Central Core Railroad Beach West Atlantic
Corridor Neighborhood
Lot Size
Lot Width 20 ft. min. 20 ft. min. 20 ft. min. 20 ft. min.
Lot Area 2000 sf. min. 2000 sf. min. 2000 sf. min. 2000 sf. min.
Building Placement
A Front Setback' 10 ft. min./ 10 ft. min./ 10 ft. min./ 10 ft. min./
15 ft. max. 15 ft. max. 15 ft. max. 15 ft. max.
B Side Setback' 0 ft. min.2 0 ft. min.z 0 ft. min.2 0 ft. min.2
C Rear Setback 10 ft. min. 10 ft. min. 10 ft. min. 10 ft. min.
B C Side Setback Abutting Res.
District; 1st to 3rd Story 10 ft. min. 10 ft. min. 10 ft. min. 10 ft. min.
B C Side/Rear Setback Abutting
Res. District Above 3rd Story 30 ft. min. 30 ft. min. 30 ft. min. 30 ft. min.
Front oArlrp;;r Setbacks
D Above 3rd Story' 20 ft. min. 20 ft. min. 20 ft. min. 20 ft. min.
E Building Frontage Required 75% min./ N/A 75% min./ 75%min/
on Primary Streets 100% max. 100% max. 100% max.
Building Height
Min. Number of Stories on Primary 2 Stories 1 Story 2 Stories 1 Story
Streets
Max. Number of Stories 4 Stories 4 Stories 4 Stories 4 Stories
Max. Overall Building Height 54 ft. 54 ft. 54 ft. 54 ft.
Density
Max Density 30 du/ac'" 30 du/ac'' 12 du/ac 12 du/ac
Max. -DeRsity DeRgity BGRUc
�
Civic Open Space Requirement
Sites smaller than 20,000 sq.ft. 0% 0% 0% 0%
Sites Between 20,000 and 5%of area 5% of area 5%of area 5%of area
40,000 sq. ft. above 20,000 above 20,000 above 20,000 above 20,000
5%of area 5%of area 5%of area 5%of area
Sites Greater than 40,000 s ft. above 20,000 above 20,000 above 20,000 above 20,000+
q' + 7%of area + 7%of area + 7%of area 7%of area
above 40,000 above 40,000 above 40,000 above 40,000
N/A is"Not Applicable"
' Side lot lines facing streets are regulated by front setback requirements. Side lot lines along alleys are
regulated by rear setbacks.
2 All light and air shafts shall be provided within the lot. See Section 4.4.13(D)(1)(b)(2).
s See BeRGityBeRuslncentive Program in Section 4.4.13(H)for potential density increases pursuant to certain
location G#te#a-and performance criteria.
4.4 - 78
SECTION 4.4.13 (D)
DRAFT: 12/1/14
Figure 4.4.13-12— Building Placement and Configuration & Street Types
,el `�srr 4 s�teet
4te�
A Front Setback& Sides Facing Streets A Front Setback& Sides Facing Streets
B Interior Side Setback B Interior Side Setback
C Rear Setback C Rear Setback
D Front Setback Above 3rd Story D Front Setback Above 3rd Story
E Required Building Frontage E Required Building Frontage
B D B
y-jTJ
F
s�5 of 5
A Front Setback& Sides Facing Streets A Front Setback& Sides Facing Streets
B Side Setback B Side Setback
C Rear Setback C Rear Setback
D Front Setback Above 3rd Story D Front Setback Above 3rd Story
E Required Building Frontage E Required Building Frontage
F Setback Relief Granted by SPRAB for F Civic Open Space
Tower Element
4.4 - 79
SECTION 4.4.13 (E)
DRAFT: 12/1/14
(E) Frontage Standards. Frontage Standards define architecture and design
components for the entrance(s) to buildings and the area between building facades and
streets. Building setbacks and other development standards are coordinated with street
cross-sections to ensure a superior public realm results, improving both the overall
visual appearance and multi-modal uses of downtown streets.
(1) Frontage Standards and Allowable Uses. The use of the ground story is
an important factor in streetscape design and appropriate frontage types. For the
purposes of Frontage Standards, unless otherwise specified, residential uses are
single-family homes, townhomes, multiple family dwellings, assisted living facilities,
nursing homes, continuing care facilities, community residential homes, group
homes, and large family childcare homes and live/work uses. All other uses are
considered to be "commercial uses" for the purposes of this section.
(2) Streetscape Standards. Front setback areas, which include side setback
areas facing streets, shall be detailed to augment public right-of-way design, to
establish shaded, continuous routes for pedestrians, and to organize landscaping
and other elements to ensure a superior public realm.
(a) Minimum Streetscape Width. The combination of public sidewalk
(located within the right-of-way) and hardscape (located in front setback
areas) shall provide a minimum streetscape area no less than 15 feet in
width, measured from the back of curb The streetscape area shall be
organized as follows:
1 . Curb Zone. The curb zone is at least 4v4,-four feet wide, measured
from the back of curb (See Figures 4.4.13-13 and 4.4.13-14). This
zone accommodates street trees and public infrastructure needs such
as utility poles, street lights, street signs, parking meters, etc. These
elements shall be located as close to the curb as possible; signs and
parking meters shall be consolidated as much as possible.
2. Pedestrian Clear Zone. A pedestrian clear zone at least six feet (6')
wide shall be provided on all streetscapes (See Figures 4.4.13-13 and
4.4.13-14). Any portion of the pedestrian clear zone within the front
setback area shall irnprov&_ as an extension of the public
sidewalk and shall match the public sidewalk in design and material,
providing a seamless physicai transition. A sidewalk easement, in a
form acceptable to the City Attorney, over any portion of the pedestrian
clear zone located within the front setback shall be granted to the City.
The property owner shall also be required to enter into a maintenance
agreement, in a form acceptable to the City Attorney, requiring the
property owner to be responsible for and maintain any improvements
made or installed by the owner to meet the requirements of this section.
}'A areas!i}`iif�n �higher p octriar i nr if GGRditi.Gnc A-ro ci inh
crn�r-aucrrcrvncirnarl�o.�_RGe io Trom C rtrired to eR r sa-re safe modes riaR tFAVAI
(e.g., Of cir t_QyVaIL adjeiRs a yehin r travel Zeie. vVitheut separ
4.4 - 80
SECTION 4.4.13 (E)
DRAFT: 12/1/14
by a parking lane\ noTler zene up te eight foot (9') wide magic
Tp�yrppl ThtQ PlaRRiR@ and ZG nn i�rm g D o rtz Ct$r raTtAt'l'�vrrwT th t h(Q
fliroi+� of F=Ay0rnnmont1 Coniinoc �eiill rlotormino the Feq Fed
�rrrcc vr—�nvTVnrrrcrr vcrv-rvca�crcccrrrnrr�
pedestrian No.ar Znno
3. Remaining front setback area. The remaining front setback area
within the minimum 15' wide streetscape shall be detailed appropriately
for the ground story use of the building (See Figures 4.4.13-13 and
4.4.13-14):
a. Commercial Uses. Buildings with retail or commercial uses in
the ground story shall detail and design any remaining front setback
area within the 15 ft.-wide minimum streetscape area using a
hardscape design. This portion may be used to accommodate
outdoor dining areas, subject to Section 6.3. Landscaping
comprised of plants in removable planters, palms, and/or ground
planting may be installed adjacent to the building provided it does
not obstruct views into storefront windows.
b. Residential Uses. Buildings with residential uses in the ground
story shall detail and design any remaining front setback area
within the 15 ft.-wide minimum streetscape area using hardscape or
foundation planting landscaping. The encroachment of porches or
stoops in this area may be permitted, pursuant to Section
4.4.13(E)(4).
(b) Street Trees. Street trees are intended to provide a shaded
environment for the pedestrian, provide a physical separation between
pedestrians and vehicles, and improve the overall visual appearance of the
street.
1. All new construction, relocation of a building, or addition equal to or
greater than 20% of the gross floor area of an existing building shall
install street trees at the time of development. Street trees shall be
a canopy species, planted in the public right-of-way directly in front
of the property line(s), uniformly spaced no greater than 30 feet on
center. Spacing of trees may only exceed 30 feet in order to
accommodate curb cuts, fire hydrants, utilities, existing trees, and
other infrastructure elements. Palm varieties may be used at
corners, crosswalks, or to accent building entrances and may be
permitted in lieu of shade trees when physical conditions may
prevent the proper growth of shade trees, as determined by the
Planning and Zoning Director in consultation with the
Environmental Services Director. Consistency in street tree
species shall be established on both sides of the street along each
block. The first to develop shall establish the species with approval
4.4 - 81
SECTION 4.4.13 (E)
DRAFT: 12/1/14
from the Planning and Zoning Director in consultation with the
Environmental Services Director.
2. Street trees shall be located in the curb zone of the streetscape, in
order to separate pedestrians from vehicular lanes and to provide
room for tree canopies. Street trees may be planted in planting
strips, landscaped planters or tree grates with approval from the
Planning and Zoning Director in consultation with the
Environmental Services Director.
3. All trees shall be Florida Grade #1 or better and satisfy the
following standards at the time of planting:
a. Canopy species: Minimum 14 feet in height with a clear trunk
space of six feet and a spread of no less than eight feet.
b. Palm trees: Minimum 18 feet in height, with a clear trunk
space of eight feet.
4. In the event that site constraints such as existing utility easements
prevent the installation of required street trees, removable planters
of small palms and shrubs, vines or seasonal flowers shall be
installed. In addition, the building shall provide devices such as
awnings or roof overhangs to establish a shaded pedestrian
environment.
5. The property owner shall be required to enter into a maintenance
agreement, in a form acceptable to the City Attorney, requiring the
Property owner to be responsible for and maintain any tree prates,
irrigation, and landscaping installed by the property owner to meet
the requirements of this section.
4.4 - 82
SECTION 4.4.13 (E)
,F)RAFT, 12N114
Figure 4.4.13-13
Commercial Use Streetscape
A 6 C
15'-0" Min
Signage p
Street Tree
On-street Parking
Public Sidewalk
Outdoor Seating
Street Lights
A B C
15'_0" Min
A-Curb Zone
B- Pedestrian Clear Zone •
C- Remaining Front Setback Area
4.4 - 83
SECTION 4.4.13 (E)
DRAFT: 12/1/14
Figure 4.4.13-14
Residential Use Streetscape
A B C
15"-Q" AAin
Signgp -
Street Tree - ---
0m4troA PaWng
�a
Public Sidewalk
Stoop and '
Landscape Area
Street Lights
A 8 C
A-Curb Zone 15`-4'Min
B- Pedestrian Clear Zone L 1 "
C- Remaining Front Setback Area
4.4 - 84
SECTION 4.4.13 (E)
DRAFT: 1211f14
(3) Building Entrances. The main entrance to every building shall be
accessible directly from and face a public right-of-way or civic open space. The
main entrance(s) to ground story commercial space(s) shall be directly from and
face a public right-of-way or civic open space. Doors allowing public access shall
occur at intervals no greater than 75 feet.
(4) Frontage Types. Frontage Types define architectural characteristics for the
detailing of building entrances. Six distinct frontage types have been identified,
which are appropriate for different uses. Table 4.4.13 (D) identifies the frontage
types appropriate for each use by an "X". Using one or more of frontage types
identified is required.
Table 4.4.13(D)
Frontage Types per Use
Porch Stoop Bracketed Forecourt Storefront Arcade/
Balcony Colonnade
Commercial X X X X X
Residential X X X X
Live/Work X X X X X X
Townhomes and X X X
Single-Family Houses
4.4 - 85
SECTION 4.4.13 (E)
DRAFT: 12/1/14
(a) Porch. A porch is an open-air structure attached to a building forming a
covered entrance large enough for comfortable use as an outdoor room.
Table 4.4.13(E) provides the dimensional requirements and the
maximum encroachment allowed, provided porches do not encroach into
the minimum required curb zone or pedestrian clear zone as described
in Section 4.4.13(E)(2). Figure 4.4.13-15 illustrates the dimensional
requirements from Table 4.4.13(E). Figure 4.4.13-16 provides a
character example.
Table 4.4.13(E)
Dimensional Requirements for Porches
Minimum Maximum
A Building Setback 10 ft. 15 ft.
B Depth 8 ft. 12 ft.
C Width 40% Facade 100% Facade
D Floor Elevation .5 ft. 4 ft.
Allowable Encroachment' - 8 ft.
May not encroach into the curb zone or pedestrian clear zone (See Section
4.4.13(E)(2))
Figure 4.4.13-15 Figure 4.4.13-16
Porch Frontage Type Porch Character Example
. sf
IS
t-
A Gr( t
4.4 - 86
SECTION 4.4.13 (E)
DRAFT: 12/1/14
(b) Stoop. A stoop is a small staircase leading to the entrance of a building
that may be covered. The elevation of the stoop is necessary to ensure
privacy for residential uses in the ground story of buildings. Stoops
should provide sufficient space for a person to comfortably pause before
entering or after exiting the building. Table 4.4.13(F) provides the
dimensional requirements and the maximum encroachment allowed
provided stoops do not encroach into the minimum required curb zone or
pedestrian clear zone as described in Section 4.4.13(E)(2). Figure
4.4.13-17 illustrates the dimensional requirements from Table 4.4.13(F).
Figure 4.4.13-18 provides a character example.
Table 4.4.13(F)
Dimensional Requirements for Stoops
Minimum Maximum
A Building Setback 10 ft. 15 ft.
B Depth 5 ft. 8 ft.
C Width 4 ft. -
D Floor Elevation 1 ft. 4 ft.
Allowable Encroachment' - 5 feet
May not encroach into the curb zone or pedestrian clear zone (See Section
4.4.13E 2
Figure 4.4.13-17 Figure 4.4.13-18
Stoop Frontage Type Stoop Character Example
y
I
A
4.4 - 87
SECTION 4.4.13 (E)
)RAFT: 12/1/14
(c) Bracketed Balcony. A bracketed balcony is a second-story balcony,
located over the main building entry, which provides cover for a person
entering or exiting the building, emphasizes the entryway, and creates a
semi-public space overlooking the street. The Delray Beach
Architectural Design Guidelines provide guidance on balcony detailing.
Bracketed balconies are typically associated with buildings with
commercial uses in the ground story; however, bracketed balconies may
be used with residential uses if combined with a stoop. Figure 4.4.13-19
illustrates the dimensional requirements from Table 4.4.13(G). Figure
4.4.13-20 provides a character example.
Table 4.4.13(G)
Dimensional Requirements for Bracketed Balconies
Minimum Maximum
A Building Setback 10 ft. 15 ft.
B Depth 5 ft.
C Width 4 ft. -
D Floor Elevation 0 ft. -
Allowable Encroachment - 5 feet
Figure 4.4.13-19 Figure 4.4.13-20
Bracketed Balcony Frontage Type Bracketed Balcony Character
Example
B c
E -
f �
A
10, -
4.4 - 88
SECTION 4.4.13 (E)
DRAFT: 12/1/14
(d) Forecourt. A forecourt is an open area in front of the main building
entrance(s) designed as a small garden or plaza. Low walls or
balustrades no higher than three feet six inches in height may enclose
the forecourt. Forecourt walls are constructed of similar material as the
principal building or are composed of a continuous, maintained hedge.
A forecourt may afford access to one or more first floor residential
dwelling units or incorporate storefronts for commercial uses. The
forecourt is suitable for outdoor seating for residents or restaurants.
Forecourts are typically associated with multifamily, mixed-use, and
commercial buildings. Figure 4.4.13-21 illustrates the dimensional
requirements from Table 4.4.13(H). Figure 4.4.13-22 provides a
character example.
Table 4.4.13(H)
Dimensional Requirements for Forecourts
Minimum Maximum
A Building Setback 10 ft. 15 ft.
B Depth 10 ft. 20 ft.
C Width 20 ft. 50% of Facade
D Floor Elevation 0 ft. 3 ft.
Allowable Encroachment Not Applicable
Figure 4.4.13-21 Forecourt Character Example
Forecourt Frontage Type
;+ W
w�
-------
?' B
E
C
i
A D a
Figure 4.4.13-22
4.4 - 89
SECTION 4.4.13 (E)
DRAFT: 12/1/14
(e) Storefront. The storefront is a frontage type along sidewalk level of the
ground story, typically associated with commercial uses. Storefronts are
frequently shaded by awnings or arcades.
1 . Storefront Dimensions Table 4.4.13(I) provides the dimensional
requirements and the maximum allowable encroachment permitted.
Figure 4.4.13-23 illustrates the dimensional requirements and Figure
4.4.13-24 provides a character example.
a. Storefronts shall extend across at least 70% of the width of a
commercial space.
b. Storefronts shall be directly accessible from sidewalks; storefront
doors may be recessed up to 10 feet.
Table 4.4.13(I)
Dimensional Requirements for Storefronts
Minimum Maximum
A Building Setback 10 ft. 15 ft.
B Storefront Width 70% 100%
C Storefront Base 1 ft. 3 ft.
D Glazing Height 8 ft. -
E I Glazing Area 70% 90%
Maximum Allowable Encroachment of Elements in All Districts
F Awning Projection 3 feet -
G Projecting Sign N/A 3 feet
Figure 4.4.13-23 Figure 4.4.13-24
Storefront Frontage Type Storefront Character Example
A
— x � �...3nnaer,�s�eewtetr....pealMe..l17!���
G
E D -j
c AL e4:
iSl
4.4 - 90
SECTION 4.4.13 (E)
DRAFT: 12/1/14
c. Storefronts shall have transparent glazing of at least 70% of the
wall area, comprised of storefront windows and doors, for at least
70% of the length of the commercial space. Storefront windows
shall have a base one foot to three feet high with transparent
glazed areas extending from the base to at least eight feet in height
as measured from sidewalk grade. Transparent means non-solar,
non-mirrored, glass with a light transmission reduction of no more
than twenty percent (20%).
2. Storefront Elements
a. Awnings shall project a minimum of three feet from the building
facade.
b. Awnings shall be consistent with the building's architecture and
proportionate to the facade opening shape and size. Except for
curved awnings, all awnings shall be sloped 15-35 degrees from
the horizontal plane. Valances shall be no more than 12 inches
long. Internally illuminated or plastic awnings are prohibited.
c. Storefronts may be combined with forecourts or arcades.
4.4 - 91
SECTION 4.4.13 (E)
)RAFT: 12/1/14
(f) Arcade. An Arcade is a covered, unglazed, linear hallway attached to the
front of a building, supported by columns or pillars. The arcade extends
into the public right-of-way, over the streetscape area, creating a shaded
environment ideal for pedestrians. This frontage type is typically
associated with commercial uses.
1 . Arcade Dimensions. Table 4.4.13(J) provides the dimensional
requirements and the maximum allowable encroachment permitted.
Figure 4.4.13-25 illustrates the dimensional requirements and Figure
4.4.13-26 provides a character example.
Table 4.4.13(J)
Dimensional Requirements for Arcade
Minimum Maximum
A Building Setback Varies 15 ft.
B Arcade Depth 10 ft. 20 ft.
C Arcade Height 10 ft. IWA20 ft.
D Column/Pillar to Face of Curb 2 ft. 4 ft.
E Column/Pillar Width and Depth 1 ft. -
Maximum Allowable Encroachment of Elements in All Districts
F Arcade varies by street
Figure 4.4.13-25 Figure 4.4.13-26
Arcade Frontage Type Arcade Character Example
,V
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4 1W
'1
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YY
Fi
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A
4.4 - 92
SECTION 4.4.13 (E)
DRAFT: 12/1/14
a. Arcades shall extend over the sidewalk. A sidewalk should not run
parallel to an arcade, allowing pedestrians to bypass nasal
storefron- windows.
b. Use of the arcade on local streets requires entering into a right-of-way
agreement, in a form acceptable to the City Attorney, h°t��T with the
City. F he City Commission shall determine in its sole and absolute
discretion whether to approve or deny an agreement, which shall be
based upon a determination of whether the arcade is in the best
interest of the general public. This agreement shall establish liability,
indemnification, and insurance responsibilities in a form acceptable to
the City. For County, State, and Federal roads, agreements with the
appropriate agencies and the City may be necessary.
c. Arcades shall have a clear depth between the interior face of the
columns and the building facade of at least 10 feet and no more than
20 feet. If the distance between the property line and the face of curb
is not sufficient to accommodate the minimum depth of 10 feet
required for an arcade, or, if the distance between the property line
and the face of curb is deep enough that using the required building
setback results in an arcade with a clear depth greater than 12 feet,
the front setback may be administratively adjusted by the Planning
and Zoning Director, taking into consideration the ultimate location of
the face of curb. If determined necessary by the City, the property
owner shall grant a pedestrian and underground utility easement to
the City, in a form acceptable to the City Attorney, on the applicant's
Property to reach ten feet of clear depth.
d. Arcade ceilings shall be designed with coffers or exposed beams
extruding at least six inches, aligned with columns or pillars. Arcades
shall have a clear height above the sidewalk of at least 10 feet and no
more than 20 feet.
e. Support columns or pillars shall be at least 12 inches wide and deep.
See Section 4.6.18(B)(14)(iii). Columns and pillars shall be placed
two to four feet from the face of the curb.
f. The arcade area extending over the public right-of-way may contain a
second story or incorporate roof terraces; additional stories are not
rnorlo all be deSigR d With nnfforc nr ovnncorJ
permute .,�,�� +r�-s ���e�r��,--r-�,T �.��
bt-Q�ARMG 8944461di�atl +v ins, aligT Yeiith r-A"'mnS nr pillaFs
2. Arcade Elements
a. Arcades shall be combined with storefronts.
b. The height and proportions of the arcade shall be consistent with the
architecture and proportions of the building to which it is attached.
c. Potted landscaping or ground planting shall be provided between the
face of the columns or pillars and the face of curb.
4.4 - 93
SECTION 4.4.13 (E)
DRAFT: 12/1/14
d. Lighting shall be incorporated into arcades to meet CPTED principles.
4.4 - 94
SECTION 4.4.13 (F)
)RAFT: 12/1/14
(F) Architectural Standards. In addition to the standards in Section 4.6.18, the
following standards apply in all CBD Sub-districts.
(1) All buildings shall follow the Delray Beach Architectural Design Guidelines.
The selected architectural style shall be identified on all permit application drawings.
(2) Properties located within a Historic District or Individually Designated Sites, as
listed on the Local Register of Historic Places in Section 4.5.1(I), shall comply with the
Visual Compatibility Standards of Section 4.5.1(E)(8).
(3) Building facades facing streets or civic open spaces must have transparent
windows covering between 20 percent and 75 percent of the wall area of each story as
measured between finished floors. Transparent means non-solar, non-mirrored glass with
a light transmission reduction of no more than twenty percent (20%).
(4) Cornices and moldings shall be extending a minimum of two inches from the
surface plane of the building wall. Cornices and moldings are continuous facade elements
and may not be covered by awnings or signs. Significant architectural elements such as
columns, pilasters, and towers may interrupt moldings.
(5) Building facades shall be designed to visually screen "Secondary Street" uses
(as identified in Table 4.4.13 (A)) and large expanses of blank walls. Appropriate fagade
design to screen these uses incorporates the consistent use of materials and construction
assemblies, fenestration patterns, architectural articulation, and features such as, but not
limited to, the application of architectural screens, louvers, or glass. In addition, at the
sidewalk level, vegetated surfaces and planters or window display shall be incorporated.
Paint, faux treatments, scoring, construction joints, lighting, and material projections less
than two inches are permitted, but do not fulfill the fagade design requirements.
Figure 4.4.13-27
Character Examples for Building Fagade Screening Secondary Street Uses
Marl!MINE
The Clematis Street garage utilizes The Lincoln Theater has the building
consistent building materials with circulation located along the streets,
fenestration patterns to establish an behind an architectural glass fagade,
attractive fagade screening the parking screening the large expanses of blank
levels over the retail space. walls within the movie theater.
4.4 - 95
SECTION 4.4.13 (F)
')RAFT: 12/1/14
(6) Awnings shall be consistent with the building's architecture and fagade
opening shape. Awnings shall project a minimum of three feet from the building facade.
Except for curved awnings, all awnings shall be sloped 15 to 35 degrees from the
horizontal plane. Valances shall be no more than 12 inches long. Internally illuminated
or plastic awnings are prohibited. Any names or logos printed on awnings shall be
counted as square footage against the overall permitted signage.
(7) In the absence of a building fagade, a streetwall is required along both
Primary and Secondary Streets. Streetwalls shall be three feet to three feet six inches
(3'-6") in height, located in line with the building fagade or the front setback. Streetwalls
shall be composed of either an opaque wall of the same material and color as the
building or of a continuous, maintained hedge. In addition, one shade tree per 30 lineal
feet, uniformly spaced, shall be installed along the length the streetwall.
(8) Overhead doors shall be prohibited from facing any adjacent residentially
zoned property. Overhead doors shall be oriented away from any adjacent public right-
of-way, except where currently existing.
(9) In order to reduce urban heat islands for both roofed and non-roofed areas,
the following standards shall apply to building and site design:
a) Non-roofed: Provide shade (within 5 years) on at least 30% of non-roof
impervious surface on the side, including parking lots, walkways, plazas,
etc.; or use light-colored/high-albedo materials (reflectance of at least .3) for
30% of the site's non-roofed impervious surfaces; or, use open-grid
pavement system (net impervious area of less than 50%) for a minimum of
50% of the parking lot area.
b) Roofed: Use Energy Star roof-compliant, high-reflectance and high
emissivity roofing (initial reflectance of at least .65 and three-year-aged
reflectance of at least .5 when tested in accordance with ASTM E903 and
emissivity of at least .9 when tested in accordance with ASTM 4080 for a
minimum of 75% of the roof surface; or install a "green" (vegetated) roof for
at least 50% of the roof area.
c) Parking Garage Roofs: Provide shade on at least 30% (within 5 years)
of any exposed parking on the roof.
4.4 - 96
SECTION 4.4.13 (G)
')RAFT: 12/1/14
(G) Civic Open Spaces. Civic open spaces are privately maintained outdoor
spaces which are accessible by the general public, improve the pedestrian environment,
are aesthetically pleasing, and serve as an amenity for the city as a whole as well as for
occupants of the building which the open space serves.
(1) Amount Required. New development or additions of gross floor area
equal to 20 percent or more to existing buildings shall provide civic open space as
follows:
(a) Sites smaller than 20,000 square feet have no civic open space
requirement. The first 20,000 square feet of sites larger than 20,000
square feet are not used in the computation of required civic open
spaces.
(b) Sites between 20,000 and 40,000 square feet are required to provide
5% of the site's area that is above 20,000 square feet as civic open
space.
(c) Sites 40,000 square feet or more in size are required to provide civic
open space as follows:
1 . 5% of the site's area between 20,000 and 40,000 square feet; plus
2. 7% of the site's area above 40,000 square feet.
For example, a site 62,000 square feet in size will calculate civic
open space as follows:
20,000 square feet = 0
20,000 square feet x 5% = 1000 square feet
22,000 square feet x 7% = 1540 square feet
Total Civic Open Space Required = 2,540 square feet
(d) Dedicated rights-of-way and area used to meet the minimum
streetscape standards in Section 4.4.13(E) do not count toward
fulfilling the required amount.
(2) Types of Civic Open Spaces. Civic open space shall be designed as one
of the following types:
(a) Green. A green is at least 1 ,500 square feet in size and adjoins
streets on at least two sides or a street and a pedestrian passageway
or main building entry. Greens are designed primarily for passive uses,
consisting primarily of lawn with either formally or informally arranged
landscaping.
(b) Plaza. A plaza is at least 1,500 square feet in size and adjoins streets
on at least two sides or a street and a pedestrian passageway or main
building entry. Plazas are mostly hardscaped with formally arranged
landscaping and a water feature.
4.4 - 97
SECTION 4.4.13 (G)
')RAFT: 12/1/14
(c) Playground. A playground is at least 2,500 square feet in size.
Playgrounds provide children's play equipment and shaded seating.
Playgrounds adjoin a street on at least one side and the configuration
should ensure easy surveillance of the area from adjacent buildings
and streets.
(d) Square. A square is at least 10,000 square feet and adjoins streets on
at least three sides. Squares may be up to 50 percent hardscaped,
with formal landscaping. Squares accommodate both passive uses and
community gatherings.
(e) Attached Green. An attached green is generally 2,000 to 6,000
square feet and spans the entire length of a block. Attached greens
shall be at least 30 feet wide and are appropriate on the short end of a
block. Attached greens are primarily laws with formally arranged
landscaping.
(f) Community Garden. A community garden is 2,500 to approximately
5,000 square feet and adjoins a street on at least one side. Community
gardens are land that is cultivated collectively by members of a
community (See Section 4.3.3 (D)).
(g) Forecourt. For civic open space requirements between 250 and 1,500
square feet, buildings shall utilize a Forecourt frontage type (see
Section 4.4.13(E)(4)(d)) or incorporate additional landscaped space
into a pedestrian passageway.
(h) Public Art. For civic open space requirements less than 250 square
feet, a space incorporating a fountain or work of art may be
provided facing a street or a pedestrian passageway.
Figure 4.4.13-28—Character Example of Figure 4.4.13-29
Landscaped Pedestrian Passageway Character Example of°i-h Living Wall
y
S F
4.4 - 98
SECTION 4.4.13 (G)
DRAFT: 12/1/14
Figure 4.4.13-30 - Civic Open Spaces
Ll Q1
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0
Green Plaza
Playground Square
ko -
4fI ❑
L
I lire
4f tl lI YY .
I Iln
I I III
411 .
lr }Ifs `
Attached Green Waterfront Green
4.4 - 99
SECTION 4.4.13 (G)
')RAFT: 12/1/14
(3) Configuration. Civic open spaces shall be configured as follows:
(a) The civic open space shall adjoin a street front property line for no less
than 30 linear feet.
(b) Except for attached greens, civic spaces shall have a proportion so that
the depth is no more than 2.5 times the width, and the width is no more
than 5 times the depth;
(c) Civic open spaces shall be lined by building facades or streets on all
sides. In order to provide oversight of the space, buildings facing civic
open spaces shall contain active uses; parking lots, parking garages,
and storage areas are not considered active uses.
(d) Civic open space requirements of 3,000 square feet or more may be
provided in up to two spaces; requirements less than 3,000 square feet
shall be provided in one space.
(4) Additional Standards. Civic open spaces shall meet the following
minimum standards:
11 Civic open spaces must be accessible to the public during all daylight
hours. A portion of a civic open space may accommodate outdoor dining
provided:
1. The business is located adjacent to the open space;
2. The open space provides an alternative location to using the
streetscape area of an adjoining street right-of-way; and
3. The size of the area is generally consistent with the potential size c
a sidewalk cafe that could be located within the streetscape of an
adjoining street right-of-way.
(b) Civic open spaces must be situated to allow easy ingress and egress
by pedestrians. Except for playgrounds, which may be fenced, no
streetwalls, gates, fences or other impediments to pedestrian
accessibility shall be permitted along the frontage lines;
(c) Civic open spaces must be located at the sidewalk level;
(d) Civic open spaces must be open to the sky; however, open-air garden
structures such as gazebos or band shells are permitted within civic
open spaces;
(e) Landscaping shall be arranged in a manner reflective of the type of
civic open space. One shade tree per 20 feet of perimeter of the space
4.4 - 100
SECTION 4.4.13 (G)
')RAFT: 12/1/14
is required. Trees may be arranged in regular spacing or in informal
clusters, depending on the type of open space. Trees shall be installed
to provide shade along walkways and for benches. Substituting shade
trees for multiple palm species is not permitted; however, adding palms
to the landscape design is permitted.
(f) Each civic open space shall provide the following street furniture
elements, specifications subject to approval by the City of Delray Beach
Engineering Department:
1. 1 198HGRSeaung Tor at least two people per 350 square feet of area_.
Seating may be provided on benches, chairs, or other horizontal
surfaces designed for people to sit upon, including retaining walls,
planter edges, tiers and other similar surfaces. Seating surfaces
shall have a maximum height of 24 inches and have a minimum
depth of 16 inches.
4.2. 1 drinking fountain;
2-3. 1 bicycle rack with no less than four spaces;
34. 1 trash receptacle;
45. 1 pet clean up station.
(g) Fences are permitted only to enclose playgrounds. Fences may be
composed of wood or metal pickets and shall not exceed four feet in
height.
(h) Vehicular traffic shall not be permitted within a civic open space.
(i) Civic open spaces shall be designed to enhance user safety and
security using Crime Prevention Through Environmental Design
(CEPTED) principles by
1. Being well lighted;
2. Having one or more focal points within the open space visible from
all perimeter streets;
3. Having a clear landscape zone between three feet and eight feet in
height providing sightlines unobstructed by berms or bushes.
(5) Availability. Civic open space shall be developed and open for use
concufreru with the issuance of a certificate of occupancy for the
building(s) for which the open space is required.
4.4 - 101
SECTION 4.4.13 (H)
DRAFT: 12/1/14
(H) Density Q^"--clncentive Program: Certain incentives may be offered from
time to time by subsequent City Commission action to encourage development that
advances City goals, such as diverse residential housing opportunities, sustainable
building practices, historic preservation, public parking, and/or Class-A office uses within
the CBD. IG-rdcFtGennn„rarre residential ice? a variety of „ni+ types and
deRGity are Affered a tpist-s This hGn616 PFGgFam is tThr` GnI y to
nht�in ...Greases in density in the GBD
(1) Density Ln -re°seR-Residential Incentives. In order to encourage a variety
of unit types, income ranges, and sustainable building practices within the downtown
area, opportunities to increase density are offered in certain CBD Sub-districts. This
incentive program is the only way to obtain increases in density in the CBD. The
maximum density allowed by Table 4.4.13(C) in certain CBD Sub-districts may be
increased in the locations described below and mapped on the Regulating Plans in
Section 4.4.13(B). Performance Standards are set forth in Section 4.4.13(H)(2).
(a) Density may be increased over 30 du/ac in the
Central Core Sub-district on property located south of NE 2nd Street and
north of SE 2nd Street, excluding properties with frontage on Atlantic
Avenue, extending for a depth of 120 feet, or located within OSSHAD.
(b) Density may be increased over 30 du/ac in the
Railroad Corridor Sub-district on property located west of the FEC
Railroad, north of NE 2nd Street, and south of NE 3rd Street.
(c) Density may be increased over 12 du/ac (up to 30 du/ac) within the
West Atlantic Neighborhood Sub-district.
(d) Density may not be increased within the Beach Sub-district over 12
d u/ac.
(e) Properties located within a historic district or on individually designated
sites as listed on the Local Register of Historic Places in Section 4.5.1(1)
are not eligible to use the Den°it„ Be Incentive Program.
(2) Performance Standards for Density R^��lncreases. Projects which
propose to increase density from the base amount allowed in the CBD Sub-districts
shall meet all of the following standards:
(a) Workforce Housing Units. Workforce housing units, equal to at least
twenty percent (20%) of the bonus density shall be provided within the
development onsite, offsite, or though monetary contributions as
referenced in Article 4.7 (fractions shall be rounded up). The workforce
housing units shall be at the low or moderate income levels and shall
comply with other applicable provisions of Article 4.7.
4.4 - 102
SECTION 4.4.13 (H)
DFT n
(b) Diverse Unit Types. A number of different unit types, sizes and floor
plans shall be available within the development. Two and three
bedroom units are encouraged, as are a combination of multi-level
units and flats. In projects consisting of more than twelve (12) dwelling
units, the proportion of efficiency or studio type units may not exceed
25% of the total units. One bedroom units may not exceed 30%.
There is no maximum percentage for unit types established for projects
having twelve (12) or fewer units, however, a mix of unit types and
sizes is encouraged.
(c) Green Building Practices. All development which proposes to build a
density greater than 30 du/ac shall be at a minimum certified as Silver
by the United States Green Building Council (USGBC) Leadership in
Energy and Environmental Design (LEED) standards or equivalent
standards adopted or approved by the City.
1. At the time of Building Permit application, the owner shall submit:
a. Proof of registration with the Green Building Certification
Institute, or equivalent agency;
b. A signed and sealed affidavit from a LEED Accredited
Professional, or applicable designation, stating that the
proposed Building is designed to achieve the required
certification; and
c. A LEED Scorecard, or equivalent document, identifying
anticipated credits to be achieved.
2. At the time of Certificate of Occupancy application, the owner shall
submit:
a. Proof of certification by the Green Building Certification Institute,
or equivalent agency;
b. A bond posted in a form acceptable to the City, in the amount
indicated below,
i. -Four percent (24%) of the total cost of construction for a
building up to 100,000 square feet,
ii. wee-Five percent (g. 5%) of the total cost of construction for
a building 100,001 - 200,000 square feet;
iii. -Six percent (46%) of the total cost of construction for any
building greater than 200,000 square feet; or
4.4 - 103
SECTION 4.4.13 (H)
DRAFT: 12/1/14
c. Proof of partial compliance from the Green Building Certification
Institute, or applicable agency, which demonstrates the credits
presently achieved. In addition, a prorated portion of the full bond
amount, as indicated in subsection 2(b) above, shall be posted
based on the number of remaining credits needed to meet
minimum certification requirements. The bond amount to be
posted shall be calculated as follows:
(credits remaining for certification / credits required for certification)
x full bond amount = prorated bond amount
3. Forfeiture of Bond. The bond required under this Section
4.4.13(H)(2)(c) shall be forfeited to the City in the event that the
building does not meet the for LEED Silver certification or applicable
certification. The City will draw down on the bond funds upon failure
of the owner to submit proof of LEED Silver certification in a form
acceptable to the City within one (1) year of the City's issuance of
the Certificate of Occupancy for the building. If required certification
is not achieved but a majority of the credits have been verified, the
owner shall forfeit a portion of the bond based on any outstanding
credits which shall be calculated as follows:
(credits remaining for certification / credits required for certification) x
full bond amount = bond amount forfeited
If the amount to be forfeited is greater than fifty percent (50%) of the
full bond amount, the bond shall be forfeited in its entirety. Funds
that become available to the City from the forfeiture of the bond shall
be placed in the In-Lieu Parking Fee Fund and earmarked for bicycle
and pedestrian infrastructure purposes.
(d) Public Parking. All development which proposes to build a density
greater than 30 du/ac shall provide a plan to provide 10% more parking
spaces than the amount required, accessible to the general public on
an hourly or daily basis.
PFGjeGt6 ors�a pet eligible use the Density Benu s Pregram . re
FGq6leGtGd nAM t h minim 'm R OPI A PA'k 3
9
minima im frnnf sethar-k that rocs Ifs ti ap the minima im
cr ..ra-c� in loss..r� crr�..
etGGa e s ;_;nrl 56fA-.I#h OR r88G 'nn 4 it 4 3(F=)(2+.(note already
referenced in another section)
(4) Class-A Office Incentives. In order to ensure the downtown area
accommodates a balanced mix of uses over time, incentives to establish Class-
A office uses may be available through subsequent action by the City
Commission with participation by the Delray Beach CRA, including potential
4.4 - 104
SECTION 4.4.13 (H)
DRAFT: 12/1/14
real estate development partnerships, incentives for existing businesses to
relocate into the CBD, and mob creation incentives.
(5) Approval Process for Dens oty FtanusIncentives.
(a) Applications to utilize the Deity BA-RuSIncentive Program will be
reviewed as part of a Class V site plan by the SPRAB for compliance
with the regulations in this code that direct building configuration, uses,
open space, streetscape design, parking location and quantity, and the
performance standards in Section 4.4.13(H)(2). The SPRAB will make
a recommendation to the City Commission on the entire Class V site
plan before the City Commission takes final action to approve or deny
the site plan and the increased density.
(b) Applications must include, in addition to the standard application items
of 2.4.3(A), a site and development plan (including landscaping,
elevations, and floor plans) of sufficient detail to determine that the
applicable development and performance standards are being met.
4.4 - 105
SECTION 4.4.13 (1)
DRAFT: 12/1/14
(1) CBD Parking Standards
(1) Purpose of Revised Standards. This section provides modified
regulations for off-street parking and bicycle parking within the CBD. These regulations
recognize that the downtown is a compact, interconnected area with multimodal
transportation options, and that improper placement of parking and mandatory
duplication of the parking supply on each building site separates the various land uses
from each other. This separation reduces the viability of the mixed-use districts and
harms the walkability of the streets in the downtown area. These regulations reflect the
needs of the urban, mixed use downtown. When in conflict with the regulations in
Section 4.6.9, this section shall rule.
(2) Minimum Number of Off-Street Parking Spaces.
(a) The minimum number of parking spaces required in Section 4.6.9(C)
"Number of Parking Spaces Required" is modified by this section for
use in the CBD; Table 4.4.13(K) identifies the minimum number of off-
street parking spaces required per use and location. Medical Offices,
call centers, and any other uses not listed in the table shall use the
requirements in Section 4.6.9(C).
1 . The Atlantic Avenue Parking District is mapped on the Central Core
Regulating Plan (See Figure 4.4.13-5).
2. Alternative Fuel Parking spaces are spaces provided on-site,
clearly marked with adjacent charging stations for electric
(EV)/plug-in hybrid vehicles (PHEV) and golf carts.
(b) The parking required for the creation of new floor area, shall also
include the replacement of any previously required parking which may
be eliminated.
(c) When the parking requirements are applied to new development or
expansion of an existing use, which results in the requirement of only
one new parking space, a one space exemption shall be allowed. This
exemption may only occur once per property.
(d) Properties located outside of the Atlantic Avenue Parking District less
than 65 feet in width are not required to provide off-street parking.
(e) Properties located outside of the Atlantic Avenue Parking District and
within 750 feet of a public parking garage or the Planned Tri-Rail
Coastal Link station (See Figure 4.4.13-5) are not required to provide
additional parking resulting from a change in use, except for new
restaurant uses, within an existing building, provided additional floor
area is not created.
4.4 - 106
SECTION 4.4.13 (1)
DRAFT: 12/1/14
Table 4.4.13(K)
Minimum Number of Off-street Parking Spaces Required in the CBD
Commercial Uses
.74-space per4guest room, plus 1 space per 800
Hotels/Motels sf. of meeting rooms and shops
Business and Professional Office <10,000sf 1 space per 500 sf. of net floor area
Business and Professional Office >10,000sf 1 space per 300 sf. of net floor area
Retail and Commercial Uses 1 space per 500 sf. of gross floor area
Restaurants and lounges (including those
located within hotels/motels) NOT in the 6 spaces per 1,000 sf. of gross floor area
Atlantic Avenue Parking District
Restaurants and lounges (including those
located within hotels/motels�� in the Atlantic 12 spaces per 1,000 sf. for the first 6,000 sf. Plus
Avenue Parking District 15 spaces per each additional 1,000 sf.
Residential
Efficiency Dwelling Unit 1 space per unit
One Bedroom Dwelling Unit 1.25 spaces per unit
Two or More Bedroom Dwelling Unit 1.75 spaces per unit
Guest Parking shall be provided cumulatively as follows
- For the first 20 units .50 spaces per unit
- For units 21-50 .30 spaces per unit
- For units 51 and above .20 spaces per
Live/Work Units 2 spaces per unit
Alternative Fuel Parking Spaces
Residential 3%of Required Parking Spaces
Commercial 3%of Required Parking Spaces
PaFkiRg DiSt GtSholl PFOVid@ 12 croon°c P°r 1,000 cf fnr th° 46t 15,000 cf Dli is 15 SpaGGS n°r
(f) Properties located outside of the Atlantic Avenue Parking District and
within 750 feet of a public parking garage or the Planned Tri-Rail
Coastal Link Station (See Figure 4.4.13-5) may opt to use the in-lieu fee
option provided in Section 4.6.9(E)(3) up to 50% of the required off-
street parking amount.
(g) Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may
provide their required vehicular parking as valet parking, subject to the
provisions of Section 4.6.9(F)(3).
4.4 - 107
SECTION 4.4.13 (1)
DRAFT: 12/1/14
(3) Location and Access to Off-Street Parking. Parking and service areas
shall be accessed and located at the rear or side of the building(s) whenever possible.
(a) Location
1. Parking is not permitted in front setbacks or in side setbacks facing
streets, parks, or civic open spaces.
2. On Primary Streets, all parking lots shall be located to the rear of
buildings. The SPRAB can approve alternative locations where
parking in the rear is inappropriate or impossible and may require
special perimeter treatments to protect and improve the pedestrian
experience along the street.
3. On Secondary Streets, parking lots may also be located on the side
of buildings provided the parking is screened from view of the street
by a streetwall (See Section 4.4.13(F)(7)) and landscaping as set
forth in Section 4.6.16(H).
4. On Primary Streets, parking garage levels shall be lined by another
use permitted on Primary Streets for at least 20 feet of depth. (See
Section 4.4.13(C)). On Secondary Streets, parking garage levels
not lined by another use shall be screened by a building fagade that
meets the architectural requirements in Section 4.4.13(F).
5. Offsite parking arrangements may be provided in lieu of providing
on-site parking as set forth in Section 4.6.9(E)(5), except that the
other property must be located within seven hundred and fifty (750'),
measured along the closest pedestrian route between nearest
building entrance and nearest pedestrian garage entrance.
6. If the required parking is not or cannot be provided on-site or off-site,
the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied.
7. Within Townhouse and Townhouse type developments, parking may
be provided in front of garage units provided that such parking does
not result in the space for one unit impeding access to a space of
the other unit.
(b) Access. In addition to the standards in Section 6.1 .4, the following
standards apply in all CBD Sub-districts:
1. On Primary Streets, alleys and Secondary Streets, when present,
shall be the primary source of vehicular access to off-street parking.
Alleys may provide access to parking lots and garages and function
as standard drive aisles, provided public access is maintained and
4.4 - 108
SECTION 4.4.13 (1)
DRAFT: 12/1/14
access to all properties adjacent to the alley is maintained. Vehicles
may back out onto alleys.
2. When neither alleys nor Secondary Streets are present, primary
vehicular access may be from a Primary Street. In the instance that
site constraints necessitate access from a Primary Street, and the
provision of an access drive precludes meeting the minimum building
frontage percentage required, the Planning and Zoning Director may
administratively allow a reduction from the minimum building
frontage in order to allow vehicular access to the site.
3. When an alley is not present, bicycle, pedestrian, and vehicular
access between adjacent parcels across property lines is required,
and shall be accommodated within the site layout. The first property
owner to develop shall be required to make an irrevocable offer of
cross-access to the adjacent parcels prior to issuance of a building
permit. When adjacent property develops, a reciprocal offer of
cross-access is required, and the physical connection shall be
completed.
4. Parking lots and structures shall provide pedestrian and bicycle
access directly from a street. In addition, pedestrian access may
also be provided directly from a building.
5. Buildings with more than 250 feet of street frontage shall provide a
pedestrian/bicycle passageway at least 10 feet wide connecting rear
alleys and/or parking to the public sidewalk. The passageway shall
have transparent windows covering at least 20 percent of the wall
area and the incorporation of storefront windows is encouraged.
6. Public sidewalks may not be deviated to accommodate drop-off or
valet parking.
(4) Bicycle Parking and Facilities. Bicycle parking and facilities shall be provided
within the CBD Sub-districts.
(a) Minimum Number of Bicycle Parking Spaces. Table 4.4.13(L) identifies
the minimum number of bicycle parking spaces required per use.
1 . All non-residential uses over 2,000 square feet shall provide at least one
bicycle space.
2. For mixed use projects, both the non-residential and residential
requirements shall be provided.
3. Bicycle Parking requirements are applied to new development,
expansion of an existing use, and changes of use.
4.4 - 109
SECTION 4.4.13 (1)
DRAFT: 12/1/14
Table 4.4.13(L)
Minimum Number of Bicycle Parking Spaces Required in the CBD
Commercial Uses
Hotels/Motels 1 space per 10 guest rooms plus 1 space per 5,000 sf. of
restaurant, meeting rooms, and shops
Professional Office <50,000 sf. 1 space per 2,000 sf. of net floor area
Professional Office >50,000 sf. 1 space per 2,000 sf. of net floor area; 50% in lockers or
inside storage area plus shower facilities
Retail, Restaurant, and Commercial Uses 2 space per 1,000 sf. of gross floor area
Residential
Residential < 50 units 1 space per 2 units
Residential > 50 units 1 space per 2 units; 50% in lockers or inside storage area
Live/Work Unit 1 space per 2 units
Townhouses and Single-family Homes -
(b) Design and Location.
1 . Visitor, employee and resident bicycle parking facilities shall be visible to
the intended users within a location shown on the site plan that meets
the following standards;
a. Provided in a safe, accessible and convenient location.
b. Located within 300 feet of a main building entrance.
c. Does not encroach into the minimum streetscape area (see Section
4.4.13(E)(2)).
d. The Planning and Zoning Director shall review the location, design,
and details of the bicycle spaces as part of the site plan review.
2. Shower Facilities. Offices greater than 50,000 square feet shall at
least provide one shower and changing facility per gender. The
changing facility shall be installed adjacent to showers in a safe and
secured area.
3. Unless otherwise provided by law, residential condominium covenants
are encouraged not to prohibit the storage of bicycles inside individual
dwelling units.
4.4 - 110
SECTION 4.4.13 (J)
')RAFT: 12/1/14
(J) Streets and Blocks. The highly connected street and block structure of the
downtown CBD area is a critical component of the cultural and historic character of the
city. The network fosters multi-modal options, by reducing bike and walk distances, and
allowing traffic to disperse.
(1) Streets and Alleys. Within the CBD, the following standards apply to
streets and blocks:
(a) Local streets within the CBD may have travel lanes ten feet in width
provided on-street parking is incorporated in the cross-section and with
approval by the City Engineer.
(b) Streets and alleys may not be vacated or closed to accommodate new
development.
(c) Alleys provide an important tertiary support system. Alleys may be
relocated provided access and service is maintained to all properties and the
reconfigured alley maintains public access and has at least two separate
access points for entry and exit within the same block. Alleys that are identified
routes in the City's adopted bicycle and pedestrian master plan may not be
relocated. Dead-end service courts are not permitted. In order to meet the
City's sustainability goals, alleys that are improved as a result of redevelopment
are encouraged to use permeable paving such as porous asphalt or concrete,
subject to approval by the City Engineer. Development on property along side
an alley shall provide street lights as set forth in Section 6.1 .5.
(2) Analysis of Traffic Circulation and Access Points. To minimize impacts
and coordinate traffic circulation, a professional study that analyzes options for
internal traffic circulation and distribution to the external street network shall be
provided for proposed development that meets one of the following criteria:
(a) The development proposes to move an alley;
(b) The development is located on a block that does not have an alley;
(c) The site is two acres or more in size; or
(d) The site is located along the Intracoastal Waterway or a waterfront
park.
4.4 - 111
SECTION 4.4.13 (K)
DRAFT: 12/1/14
(K) CBD Review and Approval Process:
(1) In established structures, uses shall be allowed therein upon application to
and approval by the Chief Building Official for a Business Tax Receipt.
(2) Site Plan Review and Appearance Board (SPRAB). For any new
development requiring approval under Sections 2.4.5(F), 2.45(H), or 2.4.5(1), approval
must be granted by the Site Plan Review and Appearance Board (SPRAB), unless the
property is located within a designated historic district or is individually designated (see
subsection (3) below). In addition, the SPRAB has the following authority within the
CBD:
(a) Modification of building frontage and setback requirements by waiver in
order to accommodate civic buildings such as libraries, cultural facilities,
municipal buildings, etc. on properties that are not located within a Historic
District or Individually Designated Sites as listed on the Local Register of
historic Places in Section 4.5.1(I).
(b) SPRAB may provide relief from the additional setback required above
the third story for building entries, lobbies, and vertical circulation areas
configured as tower elements consistent with the architectural character of
the building.
(c) Determination of compliance with the Performance Standards of the
incentive Program and provide recommendations of approval
or denial to City Commission of requested increases in density under the
program.
(d) Determination that a site plan design for a full service grocery store in
the West Atlantic Neighborhood sub-district has compatible transitions
between commercial and residential areas.
(e) Determination that desirable connectivity between properties and/or
links identified on any adopted bicycle and pedestrian master plan are
achieved on the site plan.
(f) Approval of alternative surface parking configurations for sites located on
Primary Streets where parking in the rear is inappropriate or impossible.
The SPRAB may require special perimeter treatments to protect and
improve the pedestrian experience along the street.
(3) Historic Preservation Board. Any development of properties located
within a Historic District or Individually Designated Sites as listed on the Local Register
of Historic Places in Section 4.5.1(I) is subject to review by the Historic Preservation
Board (HPB), pursuant to Section 2.2.6(D). For these properties, the Historic
Preservation Board has the approval authority pursuant to Sections 2.4.5(F), 2.4.5(H),
and 2.4.5(1), plus the additional authority described in subsections (2)(a)—(f) above.
4.4 - 112
SECTION 4.4.13 (K)
DRAFT: 12/1/144
(4) West Atlantic Redevelopment Coalition (WARC). Projects located within
the West Atlantic Neighborhood Sub-district shall be reviewed by the WARC for
consistency with the Development Standards prior to review by the SPRAB or HPB.
(5) Pineapple Grove Design Review Committee. Projects located within the
boundaries of the Pineapple Grove Neighborhood Plan, as mapped on the Central Core
and Railroad Corridor Sub-districts Regulating Plans (See Section 4.4.13(B)), shall be
reviewed by the Pineapple Grove Design Review Committee for consistency with the
Development Standards and compliance with the Pineapple Grove Neighborhood Plan
prior to consideration by SPRAB or HPB.
(6) DDA and CRA. All development applications under their purview which are
processed through the Planning and Zoning Board, SPRAB, or HPB shall be referred to
the Downtown Development Authority and the Community Redevelopment Agency in
sufficient time to allow for review and comment prior to action by the approving body.
(7) Conditional Uses. Conditional uses listed on Table 4.4.13(A) may be
considered pursuant to the provisions of Section 2.4.5(E). In addition, the following
regulations apply:
(a) Drive-Through Facilities.
1 . Drive-in or drive-through restaurants are not permitted within the
West Atlantic Neighborhood Sub-district or on Primary Streets
within the other CBD Sub-districts.
2. On Primary Streets, drive through facilities serving banks and other
commercial uses shall have the drive through window(s) and
stacking area located behind buildings. On Secondary Streets,
drive through facilities may be located to the rear or side of
buildings.
(b) Gasoline Stations. Gasoline Stations are not permitted on Primary
Streets. In addition to the standards in 4.3.3(J), the following configuration
is required.
1. A ground-story shop must be located along a street, with the gas
pumps located to the rear of the lot as illustrated in Figure 4.4.13-
31. No more than eight dispensing locations are permitted.
2. The shop shall have the primary entrance facing and directly
accessible from the street; an additional entrance facing the parking
lot is permitted.
3. Gasoline Stations may be one story in height.
4.4 - 113
SECTION 4.4.13 (K)
DRAFT: 12/1/14
Figure 4.4.13-31
P�
Shop
i-
r.
(c) Wash Establishments. Wash establishment, with
automatic/mechanical systems only, for vehicles, except that such use shall
not be located east of the Intracoastal Waterway or on lots which front
along Primary Streets. Further, this use must be established on property
with a minimum lot area of 20,000 sq.ft.
(d) Automotive Repair and Detailinq. Automobile repair and automobile
detailing may not be located north of S.E. 1s' Street or south of SE 6th
Street, extended. Conditional use approval may not be granted for a new
automobile repair facility, or for the expansion of an existing facility, unless
it is specifically demonstrated that off-street parking is available in
accordance with the requirements of Section 4.6.9.
(e) Additional Application Requirements. Applications for conditional
use approval pursuant to Section 4.4.13(I) must include, in addition to the
standard application items of 2.4.3(A), a site and development plan
(including landscaping, elevations, and floor plans) of sufficient detail to
determine that the applicable performance standards are being met. Final
approval of the detailed site plan is by the Site Plan Review and
Appearance Board.
(f) Modifications. The process for modification of a conditional use and
site plan approved pursuant to Section 4.4.13 (I) is as follows:
1. Modifications to any aspect of the plan that was a basis for
determining compliance with the applicable performance standards
shall be processed as a modification to the conditional use
approval.
4.4 - 114
SECTION 4.4.13 (K)
DRAFT: 12/1/144
2. Modifications to the plan that do not affect the application of the
performance standards may be processed as a site plan
modification.
(8) Waivers. This code allows consideration of two types of waivers:
a) Section 2.4.7(B)(1)(a) authorizes the waiver of certain regulations
irrespective of a property's zoning district. Those waivers may be
considered within the CBD in accordance with those specific provisions.
When reviewing applications that include waivers that can only be granted
by the City Commission, the Site Plan Review and Approval Board and the
Historic Preservation Board shall make formal recommendations to the City
Commission regarding those waivers.
b) Section 2.4.7(B)(1)(b) authorizes the City Commission to waive certain
other regulations that no other official or board have the authority to waive.
1. Within the CBD, that authority of the City Commission is limited by the
following restrictions:
a. Building Height Waivers. Waivers to increase the number of
stories of a building may not be granted.
b. Front Setback Waivers. Waivers to decrease the minimum front
setback depth are not permitted if the reduction would result in a
streetscape that does not meet the minimum requirements of
Section 4.4.13(E)(2).
c. Sidewalk Width Waivers. Waivers to decrease the minimum
sidewalk width are not permitted in the CBD.
2. Within the CBD, the following standards shall be used by the City
Commission when considering waiver requests, in addition to the
findings in Section 2.4.7(B)(5):
a. The waiver shall not result in an inferior pedestrian experience
along a Primary Street, such as exposing parking garages or large
expanses of blank walls.
b. The waiver shall not allow the creation of significant
incompatibilities with nearby buildings or uses of land.
c. The waiver shall not erode the connectivity of the street and
sidewalk network or negatively impact any adopted bicycle/
pedestrian master plan.
d. The waiver shall not reduce the quality of civic open spaces
provided under this code.
4.4 - 115
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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.C.-REGULAR COMMISSION MEETING OF NOVEMBER 18,2014
ORDINANCE NO.29-14(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. The agreement
with TCRPC also includes the creation of architectural design guidelines that will be presented at a later
date.
Companion Ordinances
The subject ordinance (Ordinance No. 29-14) ) to "repeal and replace" LDR Section 4.4.13 Central
Business District is the jar of three (3) companion ordinances that are running concurrently. The
purpose of the second ordinance (Ordinance No. 30-14) is to provide a clean-up to various sections of
the LDRs necessitated as a result of the overall amendments included in the subject replacement
ordinance. A third ordinance is presented that will change the zoning district designation for the two
CBD-RC (Central Business District-Railroad Corridor) area-zoned properties to simply CBD. They will
each maintain the same geographic areas and are simply undergoing a name change, and will be treated
as a sub-district, consistent with the Beach, Central Core, and West Atlantic sub-districts.
The current version of the replacement regulations reflects guidance that was given by the City
Commission at their workshop held on October 14, 2014. Following are highlights of the Land
Development Regulations revisions including the changes that have been made since the workshop
which are reflected in the ordinance currently before the City Commission:
a. Geographic regulations previously described by text are mapped for ease of use, including
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i. Properties required to have retail/restaurants on the ground floor
ii. Areas where increased density may be requested
iii. Areas in the West Atlantic Neighborhood appropriate for commercial
uses
iv. Boundaries of the Pineapple Grove Neighborhood Plan (which requires
board review)
V. The portion of Atlantic Avenue in the Central Core with special parking
requirements for restaurants
b. Building height is measured by number of stories and overall feet in height. The proposed
maximum of 4 stories would allow flexibility up to 54' of height. The maximum is slightly higher to
allow taller ceiling heights to facilitate adaptive re-use of buildings over time.
C. All front setbacks are proposed at 10' min. (previous code had a 5' min. for commercial uses).
d. New streetscape standards ensure a minimum width of 15' and organize landscaping and
sidewalk areas.
e. All buildings have a step-back at the top of the 3rd story (currently some streets require a step-
back at the top of the 2nd story and 4th stories).
f. A new requirement for Civic Open Space is added to create plazas, greens, parks, etc. in
conjunction with redevelopment.
g. Increases in height above 4 stories and 54 feet are no longer an option in the CBD.
h. Projects requesting increased density will use a bonus program, which will be reviewed by
SPRAB as a Class 5 with City Commission making the ultimate decision.
i. The criteria for obtaining increased density retain the requirements for workforce housing and
add requirements for green building practices.
j. Bicycle parking requirements are added and vehicular parking requirements are slightly
adjusted. The area along Atlantic Avenue with special parking requirements for restaurants has been
expanded to the Intracoastal Waterway; parking requirements for hotels has been reduced; and
professional office parking requirements are changed from 1:300 to 1:500 for office space less than
10,000 square feet.
k A traffic circulation study is required for large projects or projects which propose moving
alleys; closing streets is not permitted.
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
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Approved as to form and legal sufficiency.
DISCUSSION
The item before the City Commission is the consideration of a City-initiated amendment to the Land
Development Regulations Section 4.4.13, Central Business District, to repeal and replace current
regulations.
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. 29-14, repealing and replacing Section 4.4.13,
"Central Business District (CBD)", with new zoning regulations, 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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