Ord 02-06
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ORDINANCE NO. 2-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELRA Y BEACH, BY AMENDING SUBSECTION 4.3.40), "HEIGHT'; BY
AMENDING PARAGRAPH 4.3.40)(1), "DEFINED"; AMENDING
PARAGRAPH 4.3.40)(3), "EXCEPTIONS TO DISTRICT HEIGHT
LIMITATIONS"; AMENDING PARAGRAPH 4.6.18(B)(14)(i), "ROOFS AND
GUTTERS"; AMENDING APPENDIX "A", "DEFINITIONS", TO AlLOW
AND REGULATE PARAPETS; PROVIDING A SAVINGS CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board
reviewed the proposed text amendment at a public hearing held on December 19, 2005, and
voted 6 to 0 to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning
Board, sitting as the Local Planning Agency, has determined that the change is consistent
with and furthers the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Dekay Beach adopts the findings
in the Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Dekay Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.3.4, "Base District Development Standards", Subsection
4.3.40), "Height", Paragraph 4.3.40)(1), "Defined", of the Land Development Regulations of the
Code of Ordinances of the City of Dekay Beach is hereby amended as follows:
(1) Defined: The vertical distance from grade to the highest finished roof surface
of a flat roof or to the mean level between eftVe8 tie beams and ridge for gable, hip or gambrel roofs.
The height set forth in the matrix is the maximum height for all structures within the respective
zone district except as provided for in Subsection 4.3.40)(3)&(4).
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Section 3. That Section 4.3.4, "Base District Development Standards", Paragraph
4.3.40)(3), "Exceptions to District Height Limitations", of the Land Development Regulations of
the Code of Ordinances of the City of Dekay Beach is hereby amended as follows:
.w Parapets: Flat roofs shall be screened from adjacent properties and
streets with decorative parapets. The maximum height of the parapet wall shall be six feet (6') in
height or sufficient height to screen all roof mounted equipment. whichever is greater. measured
from the top of the roof deck to the top of the parapet wall. In the cases of sloped parapet features.
they shall be no more than seventy-two inches (]2") in height. project no more than twenty-four
inches (24") beyond the face of the building, project no more than twelve feet (12') into the flat roof
area of the building nor cover more than fifty percent (50%) of the flat roof area of the building.
Section 4. That Section 4.6.18, "Architectural Elevations and Aesthetics", Paragraph
4.6.18(B)(14)(i), "Roofs and Gutters", of the Land Development Regulations of the Code of
Ordinances of the City of Dekay Beach is hereby amended as follows:
(i) Roofs and Gutters:
(1) Roof eaves above pedestrian walkways must be guttered to promote a pedestrian
friendly environment.
(2) Roofs and gutters must be built of durable materials and integrated into the
architectural design of the building.
(3) Flat roofs shall be screened from adjacent properties and streets with decorative
parapets. The maximum height of the parapet wall shall be six feet (6') in height or sufficient height
to screen all roof mounted equipment, whichever is greater, measured from the top of the roof deck
to the top of the parapet wall. In the cases of sloped parapet features. they shall be no more than
seventy-two inches (]2") in height. project no more than twenty-four inches (24") beyond the face
of the building. project no more than twelve feet (12') into the flat roof area of the building or cover
no more than fifty percent (50%) of the flat roof area of the building. Exception to the height
requirements shall be pursuant to Section 4.3.40).
(4) Roof mounted electrical, mechanical, air conditioning, and communication
equipment shall be completely screened from adjacent properties and streets. A sight line study with
the following information shall be submitted to Site Plan Review and Appearance Board for
approval:
(a) A two-dimensional cross section, at a minimum scale of 1:100, of the site
showing the building with the equipment screening in relation to the adjacent properties or public
street.
2
ORD. NO. 2-06
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(b) Graphic illustration showing that the equipment is not visible within a 200
foot radius. The radius shall be measured from the exterior side of the screen to a point ten feet
(10') above finished grade.
(5) Prohibitions:
(a) Flat asphalt shingles.
(b) Plastic gutters.
Section 5. That Appendix A "Definitions", of the Land Development Regulations of
the Code of Ordinances of the City of Dekay Beach is hereby amended as follows:
"Sloped Parapet" means an angled false front or wall extension above the roof line.
Section 6. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 8. That this ordinance shall become effective immediately upon its passage on
second and final reading.
\~ PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of ~\"""b) . 2006.
ATTEST
~o~~
~L~\~~'~~
City Clerk
First Readin
3
ORD. NO. 2-06
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER tn~
AGENDA ITEM # 'a~ REGULAR MEETING OF JANUARY 17,2006
ORDINANCE NO. 2-06
FROM:
SUBJECT:
DATE:
JANUARY 13,2006
This ordinance is before Commission for second reading and public hearing for a privately initiated
amendment to Land Development Regulations (LDR), Subsection 4.3.40), "Height", by amending
Paragraph 4.3.4.0)(1), "Defined"; Paragraph 4.3.4.0)(3), "Exceptions to District Height
Limitations"; Paragraph 4.6.18(B)(14)(i), "Roofs and Gutters"; and Appendix "A", "Definitions"; to
allow and regulate parapets.
Capex Construction & Development, through their attorney, Weiner & Aronson, has submitted a
formal LDR amendment to allow sloped parapets to be applied on flat roofs that are at the
maximum height limit for individual districts. The amendment will allow sloped parapets up to six
(6) feet in height as a decorative feature on top of a flat roof without altering the way height is
measured. Currently, this option is only available for vertical parapets which limits architectural
detailing flexibility.
The Planning and Zoning Board held a public hearing at its meeting of December 19,2005. There
was no public testimony regarding the proposed changes. The Board voted 6-0 to recommend to
the City Commission that the text amendment be approved. Staff recommends approval by
adopting the findings of fact and law contained in the staff report, finding that the request is
consistent with the Comprehensive Plan, and finding that the request meets the criteria set forth in
LDR Section 2.4.5(M) (Amendment to Land Development Regulations).
At the first reading on January 3, 2006, the Commission passed Ordinance No. 2-06.
Recommend approval of Ordinance No. 2-06 on second and final reading.
s: \City Clerk \agenda memos Ord 2-06 LDR 434) Parapets 011706
TO:
THRU: OR OF PLANNING AND ZONING
FROM: R PLANNE9""", ~. a..-::-
SUBJECT: MEETING OF JANUARY 17, 2006
PRIVATELY INITIATED AMENDMENT TO LDR SECTION 4.3.4(J), LDR
SECTION 4.6.18(B)(14)(i)(3), AND APPENDIX "A" "DEFINITIONS" TO
REGULATE SLOPED PARAPETS
A privately initiated LDR amendment has been submitted to amend Sub-Section 4.3.4(J)(1) "Height
Defined", Section 4.3.4(J)(3) "Exceptions To District Height Regulations, Section 4.6.18(B)(14)
"Buildings Within The Downtown Area", and Appendix "A" "Definitions" of the LDR to allow and
regulate sloped parapets. Pursuant to Section 1.1.6(A), an amendment to the Land Development
Regulations may not be made until a recommendation is obtained from the Planning and Zoning
Board.
Capex Construction & Development, through their attorney, Weiner & Aronson, has submitted a
formal LDR amendment to allow sloped parapets to be applied on flat roofs that are at the maximum
height limit for individual districts. The amendment will allow the sloped parapets up to 6' in height as
a decorative feature on top of a flat roof without altering the way height is measured. Currently this
option is only available for vertical parapets and this limits architectural detailing flexibility.
At its meeting of December 19, 2005, the Planning and Zoning Board held a public hearing in
conjunction with the text amendment. There was no one from the public that spoke on the issue. The
Board then voted unanimously 6-0 to recommend approval of the text amendment request to
regulate sloped parapets by adopting the findings of fact and law contained in the Staff Report and
finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in
LDR Section 2.4.5(M)(5).
By motion, move to approve the amendment to Land Development Regulations Chapter 4 "Zoning
Regulations", Sub-Section 4.3.4(J)(1) "Height Defined", Section 4.3.4(J)(3) "Exceptions To District
Height Regulations Section 4.6.18(B)(14) "Buildings Within The Downtown Area", and Appendix "A"
"Definitions" of the LDR to allow and regulate slope parapets by adopting the findings of fact and law
contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan
and meets the criteria set forth in LDR Section 2.4.5(M)(5).
Attachments:
· Ordinance No. 2-06
· Sloped Parapet Technical Detail
· Illustrations of Projects using Sloped Parapet Designs
· Planning and Zoning Board Staff Report dated December 19, 2005
ORDINANCE NO. 2-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELRA Y BEACH, BY AMENDING SUBSECTION 4.3.40), "HEIGHT"; BY
AMENDING PARAGRAPH 4.3.40)(1), "DEFINED"; AMENDING
PARAGRAPH 4.3.4(J) (3) , "EXCEPTIONS TO DISTRICT HEIGHT
LIMITATIONS"; AMENDING PARAGRAPH 4.6.18(B)(14)(i), "ROOFS AND
GUTTERS"; AMENDING APPENDIX "A", "DEFINITIONS", TO AlLOW
AND REGULATE PARAPETS; PROVIDING A SAVINGS CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board
reviewed the proposed text amendment at a public hearing held on December 19, 2005, and
voted 6 to 0 to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning
Board, sitting as the Local Planning Agency, has determined that the change is consistent
with and furthers the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Dekay Beach adopts the findings
in the Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Dekay Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.3.4, "Base District Development Standards", Subsection
4.3.40), "Height", Paragraph 4.3.40)(1), "Defined", of the Land Development Regulations of the
Code of Ordinances of the City of Dekay Beach is hereby amended as follows:
(1) Defined: The vertical distance from grade to the highest finished roof surface
of a flat roof or to the mean level between eftVe8 tie beams and ridge for gable, hip or gambrel roofs.
The height set forth in the matrix is the maximum height for all structures within the respective
zone district except as provided for in Subsection 4.3.40)(3)&(4).
Section 3. That Section 4.3.4, "Base District Development Standards", Paragraph
4.3.40)(3), "Exceptions to District Height Limitations", of the Land Development Regulations of
the Code of Ordinances of the City of Dekay Beach is hereby amended as follows:
.w Parapets: Flat roofs shall be screened from adjacent properties and
streets with decorative parapets. The maximum height of the parapet wall shall be six feet (6') in
height or sufficient height to screen all roof mounted equipment. whichever is greater. measured
from the top of the roof deck to the top of the parapet wall. In the cases of sloped parapet features.
they shall be no more than seventy-two inches (]2") in height. project no more than twenty-four
inches (24") beyond the face of the building, project no more than twelve feet (12') into the flat roof
area of the building nor cover more than fifty percent (50%) of the flat roof area of the building.
Section 4. That Section 4.6.18, "Architectural Elevations and Aesthetics", Paragraph
4.6.18(B)(14)(i), "Roofs and Gutters", of the Land Development Regulations of the Code of
Ordinances of the City of Dekay Beach is hereby amended as follows:
(i) Roofs and Gutters:
(1) Roof eaves above pedestrian walkways must be guttered to promote a pedestrian
friendly environment.
(2) Roofs and gutters must be built of durable materials and integrated into the
architectural design of the building.
(3) Flat roofs shall be screened from adjacent properties and streets with decorative
parapets. The maximum height of the parapet wall shall be six feet (6') in height or sufficient height
to screen all roof mounted equipment, whichever is greater, measured from the top of the roof deck
to the top of the parapet wall. In the cases of sloped parapet features. they shall be no more than
seventy-two inches (]2") in height. project no more than twenty-four inches (24") beyond the face
of the building. project no more than twelve feet (12') into the flat roof area of the building or cover
no more than fifty percent (50%) of the flat roof area of the building. Exception to the height
requirements shall be pursuant to Section 4.3.40).
(4) Roof mounted electrical, mechanical, air conditioning, and communication
equipment shall be completely screened from adjacent properties and streets. A sight line study with
the following information shall be submitted to Site Plan Review and Appearance Board for
approval:
(a) A two-dimensional cross section, at a minimum scale of 1:100, of the site
showing the building with the equipment screening in relation to the adjacent properties or public
street.
2
ORD. NO. 2-06
(b) Graphic illustration showing that the equipment is not visible within a 200
foot radius. The radius shall be measured from the exterior side of the screen to a point ten feet
(10') above finished grade.
(5) Prohibitions:
(a) Flat asphalt shingles.
(b) Plastic gutters.
Section 5. That Appendix A "Definitions", of the Land Development Regulations of
the Code of Ordinances of the City of Dekay Beach is hereby amended as follows:
"Sloped Parapet" means an angled false front or wall extension above the roof line.
Section 6. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 8. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of ,2006.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
3
ORD. NO. 2-06
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Sloped Parapet Wall Examples
PHILLIPPI LANDINGS
Sansota, Florida
Trillium
Hutcbinson Island, Florida
.",<
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JEFFERSON @ CAMINO REAL
Boca Raton, Florida
MEETING DATE:
DECEMBER 19, 2005
AGENDA ITEM:
IV.C.
ITEM:
PRIVATELY INITIATED AMENDMENT TO LDR SECTION 4.3.4(J)(1),
4.6.18(B)(14)(i)(3), AND APPENDIX "A" DEFINITIONS TO REGULATE
SLOPED PARAPETS
The item before the Board is that of making a recommendation to the City Commission
regarding a privately initiated text amendment to the Land Development Regulations (LDR) to:
Section 4.3.4(J)(1) "Height Defined", Section 4.6.18(B)(14 )(i)(3) "Buildings Within The
Downtown Area", and Appendix "A" "Definitions".
The applicant proposes to amend the above listed sections of the LDR's to allow and regulate
sloped parapets, providing a savings clause, a general repealer clause, and an effective date.
Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may not be
made until a recommendation is obtained from the Planning and Zoning Board.
Pursuant to LDR Section 2.4.5(M)(1), amendments to the Land Development Regulations may
be initiated by the City Commission, Planning and Zoning Board or City Administration; or an
individual may request an amendment. The proposed amendment is a privately initiated text
amendment to the Land Development Regulations and is now before the Board for action.
This amendment should be analyzed as a non-site specific application as it applies to any
project which may choose to design a sloped parapet. However, since this is a privately initiated
amendment, a brief background has been provided by the applicant as follows:
Capex Construction & Development, through their attorney, Weiner & Aronson, has submitted a
formal request letter, along with a sloped parapet detail drawing, and photographs of various
project examples, in application for allowing the sloped parapet type of architectural style
(attached). They are proposing to utilize sloped parapets for the upcoming Delray Beach Yacht
Club project. In their letter of application dated 9-28-05 Capex Construction & Development has
stated that the sloped parapet type of architecture is growing in popularity and that the proposed
ordinance will permit the City of Delray Beach to monitor and regulate its use.
Proposed Sloped Parapets Text Amendment
The proposal amendment revises the base district development standards for building height by
adding the requirement that flat roofs be screened from adjacent properties and streets with
IV.C.
Planning & Zoning Board Staff Report, December 19, 2005
Definitions to Regulate Sloped Parapets
decorative parapets. It specifies a six (6) foot maximum height for vertical parapet walls, or that
walls be of sufficient height to screen all roof mounted equipment.
Sloped parapet walls are specified to be no more than 6 feet (72 inches) in height and also
project no more than 24 inches beyond the building face, and project no more than 12 feet into
the flat roof area of the building. They are to cover no more than 50% of the flat roof area of the
building. This same language is also proposed to be added specifically to the supplemental
district regulations for Buildings within the Downtown Area.
One additional amendment to the definition of Height replaces the word "eaves" with the word
"tie beams". The current definition begins the height measurement for the roof at the eave. This
currently could allow an eave to be designed well below the tie beam plane in order to satisfy
the maximum height limitation while at the same time creating a roof higher than what the LDRs
intended. Measuring the building height using the tie beam feature will avoid extreme eave
overhangs from being presented in order to allow greater building heights.
The applicant has provided a typical sloped parapet detail illustration which includes the
construction material details for this architectural feature, as well as architectural examples of
sloped parapet walls taken from residential projects in other parts of Florida. The detail drawing
and project examples clearly illustrate the sloped parapet designs.
Comprehensive Plan Policies:
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following objective is noted:
Future Land Use Element Obiective A-5 - The City shall maintain its Land Development
Regulations, which shall be regularly reviewed and updated, to provide streamlining of
processes and to accommodate Planned Unit Developments (PUD), Mixed-Use
Developments, and other innovative development practices.
The proposed text amendment will offer a new and innovative style of architectural design.
Pursuant to LDR Section 2.4.5(M)(5), in addition to provisions of 1.1.6(A), the City Commission
must make a finding that the text amendment is consistent and furthers the goals, objectives,
and policies of the Comprehensive Plan. Given the discussion above, positive findings with
respect to this amendment can be made.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
· Progressive Residents of Delray (PROD)
· President's Council
· Neighborhood Advisory Council
Letters of objection and support, if any, will be presented at the Planning and Zoning Board
meeting.
2
IV.C.
Planning and Zoning Board Staff Report, December 19, 2005
Definitions to Regulate Sloped Parapets
As stated in Future Land Use Element Objective A-5, the proposed text amendment will offer a
new and innovative style of architectural design for sloped roof parapets which promote
streamlining and flexibility in the Land Development Regulations. The updating of the Land
Development Regulations to allow and regulate sloped parapets will provide the City of Delray
Beach a further option and style for building roof designs which will visually and aesthetically
enhance the appearance of the City.
A. Postpone with direction.
B. Move a recommendation of approval to the City Commission for the text amendments to
amend Chapter 4 "Zoning Regulations", Section 4.3.4(J)(1) "Base District Development
Standards, Height, Defined"; Section 4.6.18 "Architectural Elevations and Aesthetics,
Building and Structure Requirements, Buildings Within The Downtown Area, Roofs and
Gutters", and Appendix A, Definitions, to allow and regulate slope parapets, and to provide a
savings clause, a general repealer clause, and an effective date by adopting the findings of
fact and law contained in the Staff Report and finding that the request is consistent with the
Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5).
C. Move a recommendation of denial to the City Commission for the text amendments to
amend Chapter 4 "Zoning Regulations", Section 4.3.4(J)(1) "Base District Development
Standards, Height, Defined", Section 4.6.18 "Architectural Elevations and Aesthetics,
Building and Structure Requirements, Buildings Within The Downtown Area, Roofs and
Gutters", and Appendix A, Definitions to allow and regulate slope parapets, and to provide a
savings clause, a general repealer clause, and an effective date by adopting the findings of
fact and law contained in the Staff Report and finding that the request is not consistent with
the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M)(5).
Move a recommendation of approval to the City Commission for the text amendments to amend
Chapter 4 "Zoning Regulations", Section 4.3.4(J)(1) "Base District Development Standards",
"Height", "Defined", Section 4.6.18 "Architectural Elevations and "Aesthetics" "Building and
Structure Requirements", "Buildings Within The Downtown Area", "Roofs and Gutters", and
Appendix A, Definitions, to allow and regulate slope parapets, providing a savings clause, a
general repealer clause, and an effective date by adopting the findings of fact and law contained
in the Staff Report and finding that the request is consistent with the Comprehensive Plan and
meets the criteria set forth in LDR Section 2.4.5(M)(5).
Attachments:
. Applicant's Proposed Amendment
. Sloped Parapet Technical Detail
. Illustrations of Projects using Sloped Parapet Designs
Staff Report Prepared by: James G. Cain, Senior Planner
3
IV.C.
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PARca UlCAlID. ON lIlE WEST
SIDE OF PALM, T1WL.. API'ROXl.
MATElY.,170 fEEl" NORlIl 'OJ
GEORGE BUSH. BOUlEVARD. AS:
MORE PARTICUlARly, OESCRIBEO'
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:2Q!JS"; PROVIDING 'A' GENERAl
AgPEALfR ClAUSE; A SAVING
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.LEca..NOtIcESLEC'iL NotICEs
OR~'1IO.2-06 .
Nl ORDINANCE OF lIlE C(IY COM.
MISSION OF lIlE CITY.OF.OELRAY
BEACH. FlORIDA.' AMENIlINGlIlE.
LAND OEiIELOPMENTREGUlJ\TIO!'IS
OF 1lIE CODE OF ORDINANCES Of
lIlFCITY OF OELRAY .BEACH.BY
AMENDING SUBSECTION 4.3AiJ.} ;.
"HBGHT"'BY ,AMENIlING PAM-
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IlfACH.A1lRIIiA. AMENDING, THE
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AMENOING .SECtION' 4:6.' 'OFF-
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ClAUSE. ANDNl EffiCT1VE DATE
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, Nl ORDiNANcE OFlHE ~11Y, COM-
MlSSI ,OF OELRAY
AMENIlING 'THE
. Of 1lIE .ClTY
: BY AMENDING
N 9120. "RUNNING AT
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OWNER'S, DIRECT CONTROL
. WHETHER lIlEY AIlE ON OR 00' OF
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SAVING ClAUSE; AND AN mETlVE
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