Ord 14-16EITY OF DELRAY BEREH
I DELRAY BEACH CITY CLERK 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 e 561/243-7000
bcftd
All-AmericaCity
1993 CERTIFICATION
2001
I, CHEVELLE D. NUBIN, MMC, City Clerk of the City of Delray
Beach, do hereby certify that the attached document is a true and correct
copy of Ordinance No. 14-16, as the same was passed and adopted by the
Delray Beach City Commission in regular session on the 21St day of June,
2016.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 6th of July, 2016.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach, Florida
(SEAL)
SERVICE • PERFORMANCE e INTEGRITY • RESPONSIBLE • INNOVATIVE e TEAMWORK
ORDINANCE NO. 14-16
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4.4.29 "MIXED
RESIDENTIAL, OFFICE AND COMMERCIAL (MROC)
DISTRICT" TO AMEND THE PURPOSE TO EMPHASIZE
TRANSIT -ORIENTED DEVELOPMENT PATTERNS; TO
REMOVE THE REQUIREMENT FOR A MASTER
DEVELOPMENT PLAN FOR PARCELS UNDER THREE
ACRES; TO REDUCE THE LANDSCAPE BUFFER
REQUIREMENT FOR CERTAIN PROPERTIES; TO REDUCE
THE FRONT SETBACKS FROM CONGRESS AVENUE; TO
INCREASE THE REAR SETBACK REQUIREMENTS FOR
PROPERTIES ADJACENT TO THE CSX RAILWAY; TO
INCLUDE SELF-SERVICE STORAGE FACILITIES AS A
PERMITTED USE WITH SPECIFIC FLOOR AREA RATIO,
BUILDING HEIGHT, FLOOR HEIGHT, SETBACK AND
OTHER DESIGN REQUIREMENTS; TO INITIATE A BONUS
PROGRAM FOR SELF-SERVICE STORAGE FACILITIES TO
ALLOW THESE FACILITIES MORE SQUARE FOOTAGE IN
EXCHANGE FOR THE PROVISION OF CERTAIN
COMMUNITY BENEFITS; DELETING OUTDATED
LANGUAGE, CORRECTING REFERENCES AND MAKING
OTHER TECHNICAL CHANGES; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the purpose and intent of the MROC District is to encourage mixed-use
development within the corridor with commercial or office uses while utilizing new urbanism design
elements; and
WHEREAS, the City of Delray Beach ("City") initiated the Congress Avenue Task Force to
study the Congress Avenue corridor where the MROC District is or ----)f the primary zoning districts
and to provide recommendations to enhance the development pot( of the corridor; and
WHEREAS, the City desires to facilitate the redevelopment of maller parcels in the MROC
district by removing the requirement for a Master Development Plan for parcels smaller than three
acres; and
WHEREAS, the City desires to reduce the front setbacks along Congress Avenue in the
MROC district, thereby creating a more pedestrian friendly environment; and
WHEREAS, the City desires to increase the rear setbacks for properties along the CSX
railway in order to facilitate the improvement of the CSX Railroad Greenway; and
WHEREAS, the City desires to continue to support light industrial uses in the Congress
Avenue corridor and provide opportunities for similar uses adjacent to the CSX Railway to provide
a buffer from the train tracks for office, retail, and residential uses; and
WHEREAS, the City desires to add Self Service Storage Facilities as a permitted use in the
MROC district to add to the light industrial uses allowed in the MROC district, and to address the
need for more Self- Service Storage Facilities in the City; and
WHEREAS, the City desires to grant square -footage bonuses to Self -Service Storage
Facilities for owners who commit to locating office headquarters in the MROC district, or provide
other community benefits; and
WHEREAS, the proposed amendments to the MROC District are consistent with the "Key
Recommendations" of the Congress Avenue Task Force presented to the City Commission on
February 29, 2016; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency (LPA), has determined that the amendments are consistent with
and further the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on May 16, 2016, and voted 5 to 1 to recommend
that the changes be approved; and
WHEREAS, the City Corrunission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the Ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
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2 Ord. 14 - 16
Section 2. That Section 4.4.29 "Mixed Residential, Office and Commercial (MROC)
District", Subsection 4.4.29(A) "Purpose and Intent" of the Land Development Regulations of the
Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as
follows:
(A) Purpose and Intent: The MROC District regulations provide for a mix of
residential, office, and commercial uses in a master -planned environment, whieh is elatit,-alle
The district encourages stand-alone office buildings and
mixed—use development within the corridor with commercial or office uses on the ground floor and
office or residential uses above while providing higher density opportunities and emphasizing
transit -oriented development patterns.
Section 3. That Section 4.4.29 "Mixed Residential, Office and Commercial (MROC)
District", Subsection 4.4.29(B) "Principal Uses and Structures Permitted" of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is
hereby amended as follows:
[No changes to (1) — (6)]
(7) Self-service storage facilities,:pursuant to the Development Standards of
Subsection (G)(1)(fl.
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3 Ord. 14 -16
,,.
Section 3. That Section 4.4.29 "Mixed Residential, Office and Commercial (MROC)
District", Subsection 4.4.29(B) "Principal Uses and Structures Permitted" of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is
hereby amended as follows:
[No changes to (1) — (6)]
(7) Self-service storage facilities,:pursuant to the Development Standards of
Subsection (G)(1)(fl.
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3 Ord. 14 -16
Section 4. That Section 4.4.29 "Mixed Residential, Office and Commercial (MROC)
District", Subsection 4.4.29(D) "Supplemental Uses" of the Land Development Regulations of the
Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as
follows:
(D) Supplemental Uses: The following uses are allowed within the Office and
Research and Development use areas of the MPR development provided that they are of such a
scale, design, and location to cater to the needs of employees of the office center or research and
development park. Space allocations for these uses shall be identified during the Master
Developineiat Plan approval.
44 Lunch counters, cafeterias, restaurants, snack bars, and vending machine areas
42
Classroom and training facilities
Child Care facilities
44
Sundry shops
45� Exercise facilities
Section 5. That Section 4.4.29 "Mixed Residential, Office and Commercial (MROC)
District", Subsection 4.4.29(F) "Review and Approval Process" of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is
hereby amended as follows:
(F) Review and Approval Process:
(1) All Development of parcels greater than three acres with development
lanned to be completed in a phased manner and/or which require waivers within the MROC
District shall be governed by a Master Development Plan (MDP). The MDP shall consist of a
narrative; a land use map; conceptual site, landscaping, and utility plans; and conceptual elevations
and architectural ir-��renderings. An MDP shall be processed pursuant to Section 2.4.5(F)
with approval granted by the Planning and Zoning Board. An MDP may be modified pursuant to
Section 2.4.5(G).
(2) la established stiatetai!es, uses shall be allowed thei!ein upon ,
{3) All site plan applications for new development must receive
approval by the Site Plan Review and Appearance Board SPRAB with respect to
Sections 2.4.5(F),,�G�, (H), and (1) and be consistent with the approved Mastej! Development Plan
{MDP). as applicable.
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4 Ord. 14 - 16
Section 6. That Section 4.4.29 "Mixed Residential, Office and Commercial (MROC)
District", Subsection 4.4.29(G) "Development Standards" of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as
follows:
(G) Development Standards: The following standards shall be adhered to for any new
development within the MROC District. Waivers and internal adjustments to these standards may
be approved by the Planning and Zoning Board ea _..•-....eat -ia as a part of the approval of an
(MDP), as applicable. When considering an MDP, the Planning and
Zoning Board may reauire conditions to address the s-Decific characteristics of the site and botential
impacts of the proposed development.
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Section 6. That Section 4.4.29 "Mixed Residential, Office and Commercial (MROC)
District", Subsection 4.4.29(G) "Development Standards" of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as
follows:
(G) Development Standards: The following standards shall be adhered to for any new
development within the MROC District. Waivers and internal adjustments to these standards may
be approved by the Planning and Zoning Board ea _..•-....eat -ia as a part of the approval of an
(MDP), as applicable. When considering an MDP, the Planning and
Zoning Board may reauire conditions to address the s-Decific characteristics of the site and botential
impacts of the proposed development.
(1) Standards Pertaining to Allocation of Uses Per Development:
(a) Office Center uses ea may encompass up to
{100%) of the total __~ '-i„ an M" GG floor area of a
development.
(b) Research and Development uses can may encompass up to erre
100%) of the total floor area of the
tatal MRGG development. Fui!`a ego=e, Such use may be placed within any of the
"land use areas" depicted on the MDP.
(c) Retail uses shall not encompass more than —(20%) of
the total bt&ding atea squ&ee footage floor area of the T AG development.
(d) Hotels, motels, and residential all suite lodging shall not encompass
more than 20% of the total floor area of the
development. Netvvithstaadiffg the above,—hHotels, motels, and residential all suite
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Ord. 14 - 16
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WY, MI
(1) Standards Pertaining to Allocation of Uses Per Development:
(a) Office Center uses ea may encompass up to
{100%) of the total __~ '-i„ an M" GG floor area of a
development.
(b) Research and Development uses can may encompass up to erre
100%) of the total floor area of the
tatal MRGG development. Fui!`a ego=e, Such use may be placed within any of the
"land use areas" depicted on the MDP.
(c) Retail uses shall not encompass more than —(20%) of
the total bt&ding atea squ&ee footage floor area of the T AG development.
(d) Hotels, motels, and residential all suite lodging shall not encompass
more than 20% of the total floor area of the
development. Netvvithstaadiffg the above,—hHotels, motels, and residential all suite
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Ord. 14 - 16
lodging ea m�v comprise 100% of the floor area of an individual building within an
MDP containing multiple buildings.
(e) Multi. -family uses may comprise up to 75% to 100% of a
development, as identified under LDR Section 4.4.29(B)(4).
(f) Self-service Storage Facility uses shall not encompass more than 50%
of the total floor area of the development, unless the Development Bonus
requirements are met, pursuant to Subsection (G 21(h)(71. Self-service storage
facilities may comprise 100% of the floor area of an individual buildinngas part of a
mixed-use development containing multiple buildings.
(2) Standards Unique to the MROC District: Where standards unique to the MROC District
conflict with standards contained elsewhere in the LDRs,
the standards of this Subsection (2) shall appJyptevail.
(a) Minimum Site Area: Minimum site area for the tat1 development
within the MROC District is to be fi3-,±ee—(3) two acres. HowevenThe approving
body may grant a waiver to the tree two acre requirement upon a determination
that the development is consistent with the purpose and intent of the MROC
District
(b) Minimum Floor Area:
+ 1. Tenant space within research and development use areas
must have a minimum of 1,000 square feet per tenant.
2. There are no minimum floor area requirements for office,
retail, hotels, motels and residential all suite lodging uses.
+ 3. Residential units are subject to the minimum square footage
per unit requirements of LDR Section 4.3.4N (Development Standards
Matrix for Residential Zoning Districts - Subnote #1).
4. Self-service storage facilities are limited in floor area pursuant
to Subsection (G (T 11(fl.
(c) Lot Coverage & Open Space:
+ 1. Lot coverage by building, pavement and hardscape site
improvements shall not exceed 75% of the MROC development of the area
of any individual lot, excluding any hardscaping within the Civic Open Space
provided through the Community Benefit Bonus.
+ 2. Land area, equal to at least 25% of the total Ybi1 QG district
including the perimeter landscaped boundary, shall be in open space.
Landscape areas required to meet internal parking lot design requirements,
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6 Ord. 14 - 16
water bodies and paved areas shall not be included in the meeting of this
25% open space requirement.
(d) Perimeter Development: A landscape buffer shall be provided
around each TNIR 1C—development. Parking, structures, perimeter roadways, and
other paving is not permitted within this buffer except for bicycle paths, sidewalks,
jogging trails, and driveways or access streets which provide ingress and egress for
traffic and which are generally perpendicular to the buffer. The width of the buffer
shall be the smaller distance of either the dimensions below or 10% of the average
depth of the property; however, in no case shall the landscape area be a width of less
than ten (10) feet
• When adjacent to a "eetai! ai!t ...:..' street Congress Avenue -38 15 feet
• When abutting residentially zoned property 40 feet
• When adjacent to but separated from residentially zoned 25 feet
property by a street, waterway, alley, railway or park
• 3XIen—earpAnereia ai a i.... or-fi uses abut resideiatial parcels 25 feet
25 feet
• All other perimeters 15 feet
• Adjacent to CSX Railway 25 feet
(e) Minimum Structure Size: Any free-standing non-residential
principal structure shall have a minimum floor area of 4,000 square feet; shall be
architecturally consistent with other structures in the meter development plan; and
shall have direct access to and from other portions of the MROG development.
(fl Height: The maximum height of all buildings shall be 85'. The
height of a self-service storage facility is limited to no more than two times the height
of the lowest height of all other building(s) on the site. Floor heights for all buildings
shall comply with the following.
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Ord. 14 - 16
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Ord. 14 - 16
1. Office, Research, and Commercial Floor Heights shall be a
minimum of 12' floor to floor on the first floor and 10' floor to floor on all
floors above.
2. Residential uses shall have a minimum floor height of nine
feet floor to floor on all floors.
3. Hotel, motel, residential all suite lodging, and self-service
storage facilities shall have a minimum floor height of eight feet, six inches
floor to floor on all floors.
4. Auxiliary and service rooms, such as,, garages, restrooms,
closets, laundry rooms, dressing rooms, storage rooms, mechanical, electrical,
and plumbing equipment rooms are exempted from the floor height
regulations.
(g) Setbacks:
{�}
L. --Congress Avenue Frontage: To the gfeatest exten
height of '. Setbacks fiat- the paition of the btg
exeeediiag 42-2 shall be a minimum of an addifieiial 10' and a maximum of 20'.
{2} 2. Front Yard: Shall be the minimum identified in LDR
Section 4.4.29 (G)(2)(d), Perimeter Development Buffers, to a maximum
height of 42'. Thereafter, additional setbacks for the portion of the building
exceeding 42' shall be a minimum of an additional 10'.
{3} 3_Side Yard: When adjacent to residential uses, excluding
mixed-use development. the side vard setback reauirements Sshall be the
minimum identified in LDR Section 4.4.29 (G)(2)(d) (Perimeter
Development Buffers) to a maximum height of 42'. Thereafter, additional
setbacks for the portion of the building exceeding 42' shall be a minimum of
an additional 10'.
{4}
4. Rear Yard: Shall be the minimum identified in LDR
Section 4.4.29 (G)(2)(d) (Perimeter Development Buffers) to a maximum
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Ord. 14 - 16
NOW;
all
1. Office, Research, and Commercial Floor Heights shall be a
minimum of 12' floor to floor on the first floor and 10' floor to floor on all
floors above.
2. Residential uses shall have a minimum floor height of nine
feet floor to floor on all floors.
3. Hotel, motel, residential all suite lodging, and self-service
storage facilities shall have a minimum floor height of eight feet, six inches
floor to floor on all floors.
4. Auxiliary and service rooms, such as,, garages, restrooms,
closets, laundry rooms, dressing rooms, storage rooms, mechanical, electrical,
and plumbing equipment rooms are exempted from the floor height
regulations.
(g) Setbacks:
{�}
L. --Congress Avenue Frontage: To the gfeatest exten
height of '. Setbacks fiat- the paition of the btg
exeeediiag 42-2 shall be a minimum of an addifieiial 10' and a maximum of 20'.
{2} 2. Front Yard: Shall be the minimum identified in LDR
Section 4.4.29 (G)(2)(d), Perimeter Development Buffers, to a maximum
height of 42'. Thereafter, additional setbacks for the portion of the building
exceeding 42' shall be a minimum of an additional 10'.
{3} 3_Side Yard: When adjacent to residential uses, excluding
mixed-use development. the side vard setback reauirements Sshall be the
minimum identified in LDR Section 4.4.29 (G)(2)(d) (Perimeter
Development Buffers) to a maximum height of 42'. Thereafter, additional
setbacks for the portion of the building exceeding 42' shall be a minimum of
an additional 10'.
{4}
4. Rear Yard: Shall be the minimum identified in LDR
Section 4.4.29 (G)(2)(d) (Perimeter Development Buffers) to a maximum
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Ord. 14 - 16
height of 42'. Thereafter, additional setbacks for the portion of the building
exceeding 42' shall be a minimum of an additional 10', excluding those
properties with rear yards adjacent to the CSX Railway which do not require
the additional setback above 42'.
{&} 5_Building Separations: Shall be a minimum of 25 feet.
For the purpose of this section parking structures are not considered to be
buildings.
6. Properties Adjacent to the CSX Railway: The required building
setback for properties adjacent to the CSX Railway shall be a minimum of
25', whether determined to be the front, side interior, side -street, or rear of a
ro ex .
(h) Self-service storage facilities: The following reduitements apply to
self-service storage facilities: .
1. Location: Self-service storage facilities shall _not be located
within a radius of 1,000 feet of another existing self-service storage facility,
measured from property line to property line Self-service storage facilities
are permitted only on properties east of Congress Avenue and adjacent to
the Railwa�� as provided below:
a. Self-service storage facilities may not be established
on the first and second floors of a building located within 200' of
Congress Avenue, as measured in a straight line, perpendicular to the
right thy.
b. The property containing. the self-service storage
facility must contain additional commercial and/or residential
development between the self-service storage facility and Congress
Avenue.
2. Facilities and Requirements:
a. Bay Access: Outdoor bay type access to individual
self-service storage facilities is prohibited. The exterior loading access
points shall be designed in such a way to riinimize sight lines from
adjacent roads.
b. Parking: Parking shall be provided at the rates set
forth in Section 4.6.9 for the permitted service, office and retail uses.
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Ord. 14 -16
For self-service storage facilities, parking shall be at a rate of one
parking space per 100 storage units or portion thereof, including: (a)
a minimum of three loading spaces for the self-service storage facility
that must be strived and signed to limit the time for loading and
unloading to one hour: and in addition (fib three and one-half sl2aces
for each 1,000 square feet of accessory office use associated with the
self-service storage facility. Notwithstanding the above, a minimum
of five parking spaces other than loading spaces shall be provided in
connection with the self-service storage facility.
3. Limitation of Additional On -Site Uses:
a. Activities not related to the rental or lease of self-
service storage units shall not be conducted within the area
designated for the self-service storage facility.
b. No business or activity other than self -storage shall be
conducted from any self -storage unit in the facility.
C. Except as otherwise provided in this subsection, there
shall be no electrical power provided to, or accessible from any
individual self -storage units. This includes the provision of lighting
fixtures to the interior of a self -storage unit. The use of portable
generators is also prohibited.
I The use or storage of any hazardous materials is
prohibited.
e. The terms and conditions of this section shall be
clearly expressed in all self -storage rental or leasing contracts, as well
as conspicuously displayed in plain view on a sign no smaller than
one foot by two feet in the leasing office at the facility.
4. Hours of Oueration: Customers of the self-service storage
facility may not access individual self -storage units before 5:00 a.m. or any
later than 9:00 V.m. Hours of operation may be further restricted when it is
deemed that morning and evening traffic into and out of the facility may
negatively impact the character of an adjacent residential area. In no
circumstance shall customers of anv self-service storage facility have 24 hour
access to their self -storage unit(s).
5. Outdoor Storage of vehicles, Boats & Truck Rental:
Outdoor storage of boats and vehicles and truck rental is prohibited.
6. Architecture: All building facades shall have the appearance of an
office and/or retail building through the use of doors, windows, awnings,
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10 Ord. 14 - 16
and other Q12ropriate building elements, consistent with the overall
development, with multi -story buildings clearly defined.
7. Development Bonuses & Requirements: Self -Service Storage
Facilities may exceed the 12ennitted floor area limit in Section (1) (Q, by
complying with the following:
Community Benefit Bonuses
a. Location of an Office Headquarters, where the
company's executive offices and direct support staff are located and
which has committed to staag on the site for at least three years,
may permit the total square footage of the self-service storage facility
to be double the amount of total square footage attributed to the
other uses within the development, and;
b. Provision of the required Community Benefit
Bonuses, defined in Subsection (G)2)(h)7.c.-g, maypermit an
additional square footage increase as established in Subsection
(Q (2) (h) 7.a., as follows:
Bonus Type
1 Up to 50% Select any "A" Bonus
E -
2 ! 51%-100% Select one "A" Bonus and one "A" or `B" Bonus
._.................. _................... ..............._......
_._
I 3 101%-150% Select two "A" bonuses and one "A" or `B" Bonus
4 ! 151%-200% Select two "A" bonuses and two "A' or `B" Bonuses
Civic Open Space, in accordance with the design criteria of Subsection
G C
Congress Avenue Corridor Beautification contribution equal to 2% of
the total project construction costs
Mobility/transit contribution equal to 0.5% of the total project
construction costs.
Green Building Certification, minimum Silver level.
10' Greenway Easement along proper line adjacent to CSX Railway Workforce Housing contribution equal to .75% of the total project
with contribution equal to 2% of total project construction costs construction costs
Community Benefit Agreement_ in accordance with Subsection I
i
x.
__.._..._......_-_.._.___.__.._._.......__...T._...._..........................___....._...____._............................... _.._... _........
__
Per SSSF* I I
Total floor area Permitted Bonus SSSF* Floor
Floor Area i Total SSSF
of development 1 SSSF* Floor j w/Corporate area oor / % of FlFloor Area ' Community Benefit Bonuses Required
pre -bonus Area u Area Increase
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11 Ord. 14 -16
ax.5=b E (ax.5, x2=c 1 cx%=d 1 c + d = e
50,000s 25.000 sf I 50,000s 11.750 sf / 47% 86.750
i
one bonus from "A" or `B".
50,000s !'1 25.000 s I 50.000 sf 48,500 sf / 194% 123,500 I 4 Bonuses required; two from "A" and
I i s two from "A" or "B"
* Self -Service Storage Facilities
C. Civic Open Space: 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 fox occupants of
the building which the open space serves. Civic Open spaces shall be
provided in accordance with the following:
ii. Civic open space shall consist of at least 5% of
the total lot area in addition to the minimum required Open
Space, and be clearly defined and contiguous.
M. The civic open space shall adjoin a street front
property line for no less than 10% of the frontage width.
iv. Civic open spaces must be accessible to the
public during all daylight hours.
V. Civic open spaces must be situated to allow easy
ingress and egress by pedestrians, and may not be fenced.
Vi. Civic open spaces must be located at the
sidewalk level;
vii. Civic open spaces must be open to the sky;
however, open-air oarden structures such as gazebos or band
shells are permitted within civic open spaces;
viu. 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 clusters, depending
on the type of open space. Trees shall be installed to provide
shade along walkways and fox benches. Substituting shade
trees for multiple palm species is not permitted; however,
adding palms to the landscape design is permitted.
ix. Each civic open space shall provide street
furniture elements, specifications subject to ap2roval by the
City of Delray Beach Engineering Department, including
seating for at least two people per 500 square feet of area, one
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12 Ord. 14 - 16
drinking fountain. 1 bicycle rack with no less than four
spaces, 1 trash receptacle, and 1 Pet clean up station.
X. Civic open space shall be developed and open
for use concurrent with the issuance of a certificate of
occupancy for the buildingfsi for which the open space is
requited.
d. Congress Avenue Corridor Beautification
Contribution: The Congress Avenue Corridor Beautification
Contribution, which is based on the total project construction costs
noted on the Building Permit application, shall be provided to the
Planning and Zoning Department prior to the issuance of Certificate
of Occupancy. Contributions are for the sole purpose of improving
the Congress Avenue Corridor.
e. Greenway Easement and Contribution: The Greenway
Easement and Contribution, which is based on the total project
construction costs noted on the Building Permit application, shall be
provided to the Planning and Zoning Department prior to the
issuance of Certificate of Occupancy. Contributions are for the sole
purpose of establishing and improving the CSX Railroad Greenway
f. Delray Beach Mobility/Transit Contribution: The
Delray Beach Mobility/Transit Contribution, which is based on the
total project construction costs noted on the Building Permit
application, shall be provided to the Planning and Zoning
Department prior to the issuance of Certificate of Occupancy.
Contributions axe for the sole purpose of mobility or transit within
the Congress Avenue corridor.
g. Workforce Housing Contribution: The Workforce
Housing Contribution, which is based on the total project
construction costs noted on the Building Permit application, shall be
provided to the Planning and Zoning Department prior to the
issuance of Certificate of Occupancy. Contributions are for the sole
purpose of constructing additional Workforce Housing Units within
the City.
h. Green Building Certification: Green Building
Certification (or equivalent) of a Silver level or higher must be
obtained upon receiving the final inspection and Certificate of
Occupancy by the Building Division. A surety bond in the amount of
IText formatted with underline is to be added; text formatted with strike -through is to be deleted.]
13 Ord. 14 - 16
5% of the total project construction costs will be submitted to the
City, and released upon certification of a Silver level or higher. If this
certification is not achieved, the City Commission may determine if
the bond, or a percentage thereof,, will be retained.
i. Community Benefit Agreement: A Community
Benefit Agreement (CBA), in a form acceptable to the City Attorney,
approved and adopted via Resolution by the City Commission which
directly benefits the community such as local hiting initiatives for
construction jobs, provision of Living Wages for all new hires,
location of Cotpotate Headquarters, and any other mutually agreed
upon benefits.
8. Site Development Relief: Developments which utilize the bonus
program in Subsection (G)(7) above are not eligible to seek relief for the
Development Standards listed in Section 4.3.4aQ, or the requirements of this
Section.
9. Building Permits: All permits for an approved development
which contains a self-service storage facility will not be issued ptior to the
issuance of permits for other uses on the site, or issued a Certificate of
Occupancy until the other uses are completed.
IText formatted with underline is to be added; text formatted with strike -through is to be deleted.]
14 Ord. 14 -16
Section 7. 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 8. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 9. 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 L
� g
day oft. )2016.
Glickstein, Mayor
ATTEST:
City Clerk
First Reading�`��
Second Reading
IText formatted with underline is to be added; text formatted with strike -through is to be deleted.]
15 Ord. 14 - 16
Published Daily
�U Fort Lauderdale, Broward County, Florida
'11-roca Raton, Palm Beach County, Florida
Miami, Miami -Dade County, Florida UNUMANCE NO, 14-16
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
STATE OF FLORIDA BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS
COUNTY OFvBROWARD/PALM BEACHIMIAMI-DADE OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.29
Before the undersigned authority personally appeared Mark KuZnItz who on "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT"'
oath says that he/she is a duly authorized representative of the Classified TO AMEND THE PURPOSE TO EMPHASIZE TRANSIT -ORIENTED'
Department of the Sun -Sentinel, daily newspaper published in Broward/Palm DEVELOPMENT PATTERNS; TO REMOVE THE REQUIREMENT FOR A'
MASTER DEVELOPMENT PLAN FOR PARCELS UNDER THREE ACRES;
Beach/Miami-Dade County, Florida, that the attached copy of advertisement, TO REDUCE THE LANDSCAPE BUFFER REQUIREMENT FOR CERTAIN
being, a PUBLIC NOTICE in the matter of THE CITY OF DELRAY BEACH — PROPERTIES; TO REDUCE THE FRONT SETBACKS FROM CONGRESS
ORD NO. 14-16 appeared on MAY 27, 2016 A,D 1D# 4207153 affiant further says AVENUE; To INCREASE THE REAR SETBACK REQUIREMENTS FOR
that the said Sun -Sentinel is a newspaper published in said Broward/Palm Beach/ PROPERTIES ADJACENT TO THE CSX RAILWAY; TO INCLUDE SELF-
SERVICE STORAGE FACILITIES AS A PERMITTED USE WITH SPECIFIC
Miami -Dade County, Florida, and that the said newspaper has heretofore been FLOOR AREA RATIO, BUILDING HEIGHT, FLOOR HEIGHT, SETBACK AND
continuously published in said Broward/Palm Beach/Miami-Dade County, Florida, OTHER DESIGN REQUIREMENTSJO INITIATE A BONUS PROGRAM FOR
each day, and has entered as second class matter at the post office in Fortj SELF-SERVICE STORAGE FACILITIES TO ALLOW THESE FACILITIES
Lauderdale, in said Broward County, Florida, for a period of one year next MORE SQUARE FOOTAGE IN EXCHANGE FOR THE PROVISION OF
preceding the first publication of the attached copy of advertisement; and affiant CERTAIN COMMUNITY BENEFITS; DELETING OUTDATED LANGUAGE,
says that he/she has neither paid, nor promised, any person, firm or corporation CORRECTING REFERENCES AND MAKING OTHER TECHNICAL
CHANGES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
discount, rebate, commission or refund for the purpose of securing this CLAUSE, AND AN EFFECTIVE DATE.
advertisement for publication in said news aper
Mark Kuznitz, Affiant
Sworn to and subscribed before me on MAY27 2016, A.Q
. I-
,"M% !___z :,=T1r171T n�
215Zb "', MUSTM RUFF OL
My Comj�ESSIGN #r7040026
0,2 19
RES- August 19, 2
EXPI
Personally Known
SWMW5"SWIT�M jol I I Avenue,
Delray Beach, Florida.
Signature of Notary Publ!4?61All interested citizens are invited to attend the public hearings and comment
(Name of Notary typed, printed or stamped) upon the Proposed ordinance or submit their comments in writing on or before
or Produced Identification— the date of these hearings to the Planning, Zoning and Building Department
For further information or to obtain a copy of the proposed ordinance, please
contact the Planning, Zoning and Building Department, City Hall, 100 N.W.
1st Avenue, Delray Beach, Florida 33444 (email at: pzmail@mydelraybeach.com)
or by calling 561/243-7040), between the hours of 8:00 a.m. and 5:00 p.m.,
Monday through Friday, excluding holidays.
Please be advised that if a person decides to appeal any decision made by
the City Commission with respect to any matter considered at these hearings,
such person will need a verbatim record of the proceedings, and for this
purpose such person may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon
which the appeal is based. The City does not provide or prepare such record
pursuant to F.S. 286.0105.
CITY OF DELRAY BEACH
Chevelle D. Nubin, MMC
City Clerk
PUBLISH: Friday, May 27, 2016
Wednesday, June 15, 2016.
SUN SENTINEL
Published Daily
Fort Lauderdale, Broward County, Florida
Boca Raton, Palm Beach County, Florida
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF BROWARD/PALM BEACH/MIAMI-DADE
Before the undersigned authority personally appeared Mark Kuznitz who on
oath says that he/she is a duly authorized representative of the Classified
Department of the Sun -Sentinel, daily newspaper published in Broward/Palm
Beach/Miami-Dade County, Florida, that the attached copy of advertisement,
being, a PUBLIC NOTICE in the matter of THE CITY OF DELRAY BEACH -
ORD. NO. 14-16 appeared on JUNE 15, 2016 A.D ID# 4213423 affiant further says
that the said Sun -Sentinel is a newspaper published in said Broward/Palm Beachl
Miami -Dade County, Florida, and that the said newspaper has heretofore been
continuously published in said Broward/Palm Beach/Miami-Dade County, Florida,
each day, and has entered as second class matter at the post office in Fort
Lauderdale, in said Broward County, Florida, for a period of one year next
preceding the first publication of the attached copy of advertisement; and affiant
sa s khat he/she has neither paid, nor promised, any person, firm or corporation
eny discount, rebate, commission or refund for the purpose of securing this,
dS "Isement for publication in said newspaper
Mark Kuznitz, ffia
Sworn to and subscribed before me on JUNE 15, 2016, A.D
�� ry
$mof C
EXP, S Dece n � 01,.'.9 i
Signature of Notary Public
(Name of Notary typed, printed or stamped)
Personally Known x or Produced Identification
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDINGTHE LAND DEVELOPMENT REGULATIONS
OF THE CODE .OF ORDINANCES, BY AMENDING SECTION 4.4.29
"MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT'
TO AMEND THE PURPOSE TO EMPHASIZE TRANSIT -ORIENTED'
DEVELOPMENT PATTERNS; TO REMOVE THE REQUIREMENT FOR A
MASTER DEVELOPMENT PLAN FOR PARCELS UNDER THREE ACRES;
TO REDUCE THE LANDSCAPE BUFFER REQUIREMENT FOR CERTAIN'
PROPERTIES; TO REDUCE THE FRONT SETBACKS FROM CONGRESS
AVENUE; TO INCREASE THE REAR SETBACK REQUIREMENTS FOR
PROPERTIES ADJACENT TO THE CSX RAILWAY; TO INCLUDE SELF-
SERVICE STORAGE FACILITIES AS A PERMITTED USE WITH SPECIFIC
FLOOR AREA RATIO, BUILDING HEIGHT, FLOOR HEIGHT, SETBACK AND
OTHER DESIGN REOUIREMENTS;TO INITIATE A BONUS PROGRAM FOR
SELF-SERVICE STORAGE FACILITIES TO ALLOW THESE FACILITIES,
MORE SQUARE FOOTAGE IN EXCHANGE FOR THE PROVISIONOF
CERTAIN COMMUNITY BENEFITS; DELETING OUTDATED LANGUAGE,
CORRECTING REFERENCES AND MAKING OTHER TECHNICAL
CHANGES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the purpose
of accepting public testimony regarding the proposed ordinance The first
Public Hearing will be held on TUESDAY. JUNE 7 2016 AT 7:00 PM
(or at any continuation of such meeting which is set by the Commission) in
the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida. A second Public Hearing will be held on TUESDAY. JUNE 21.2016 AT
7:00 P.M. (or at any continuation of such meeting which is set by the
Commission) in the Commission Chambers at City Hall, 100 N.W. i st Avenue,
Delray Beach, Florida.
All interested citizens are invited to attend the public hearings and comment
upon the proposed ordinance or submit their comments in writing on or before `
the date of these hearings to the Planning, Zoning and Building Department
For further information or to obtain a copy of the proposed ordinance, please
contact the Planning, Zoning and Building Department, City Hall, 100 N.W.
1 st Avenue, Delray Beach, Florida 33444 (email at: pzmail@niydelraybeach.com)
or by calling 561/243.7040), between the hours of 3:00 a.m. and 5:00 p.m., I
Monday through Friday, excluding holidays.
Please be advised that if a person decides to appeal any decision made by
the City Commission with respect to any matter considered at these hearings,
such person will need a verbatim record of the proceedings, and for this
purpose such person may need to ensure that a verbatim- record of the
proceedings is made, which record includes the testimony and evidence upon
which the appeal is based. The City does not provide or prepare such record
pursuant to F.S. 286.0105
CITY s
Che,
PUBLISH: Friday, May 27, 2016
Wednesday, June 15, 2016