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94-85 ORDINANCE NO. 94-85 AR ORDINANCE OF THE CITY COUNCIL OF T~E CITY OF DELRAY BEACH, FLOE IDA, AMENDING CHAPTER 30, 'ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SECTION 30-8.4, "PRD-L, LOW TO MEDIUM DENSITY PLANNED RESIDENTIAL DEVELOPMENT DISTRICT"; AND PROVIDING (A) "PURPOSE'; (E) 'PERMITTED USES"; (C) 'CO~I- TIO~AL USES'; (D) 'DENSITY, SITE AREA, LOT DIMEN- SIONS"; (E) "AGGREGATE FLOOR AREA"; (F) "BUILDING SETBACKS"; (G) "GROU~ FLOOR BUILDING AREA"; (H) 'BUILDING HEIGHT"; ( I ) "PARKING AND LOADING REGULATIONS"; (J) "WALLS AND FENCES"; (K) 'LAND- SCAPING"; (L) "SIGNS"; (M) ' TO~HOUSES A~,"D TOWNHOUSE DEVELOPMENTS"; (N) "MINIMUM SPACING BETWEE~ BUILDINGS"; (O) "SPECIAL SETBACK PROVISIONS'; (P) "SUPPLEMENTARY REGULATIONS"; (Q) "SITE A}~ DEVELOP~:~ENT PLA}~, APPROVAL"; (R) "SPECIAL REGULATIONS", TO iNCLUDE GE~E~AL STANDARDS, BUILD lUc DESIGi? STA~']DARDS, LA~SCAPE DESIG~~. STANDAFDS, OPE~*.7 SPACE DESIGn,? STAk~,RDS ~ CIRCULA- TION SYSTE.~ DESIGN STA~.~DARDS, PARKING AND LOADING DESIGN STA~!DARDS, AS WELL AS STA~.~ARDS FOR THE MEASUREMENT OF SETBACKS, ACCESSOPY BUILDINGS AND STRUCTUEES, SWI~,'i~:ING POOLS, FRONTAGE O~; CURVING STREETS A}D CUL-DE-SACS, AND SCREENED ENCLOSURES; PROVIDING FOR (S) "PARK AND RECREATIONAL LAND DEDICATION"; (T) "PERFORMANCE STANDARDS"; PROVIDINC A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING A~..~ EFFECTIVE DATE. NOW, THEREFORE, ~E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELPJ%Y EEAC~], FLORIDA, AS FOLLO~,~S: "Zoning" of the Code of Section 1. That Chapter 30, , Ordinances of the City of Delray Beach, Florida, is hereby amended by enacting a new Section 30-8.4, "PRD-L, Low to Medium Density Planned Residential Development District", as set forth in Exhibit "A" attached hereto, and which is expressly made a part of this ordinance. ~_~. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. ~_~. 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 then the part declared to be invalid. ~_9_~. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 24th day of September , 1985. ATTEST: First Reading September 10, 1985 Second Reading September ~4, 1985 - 2 - ORD. NO. 94-85 " Sec. 30-8.4 PRD-L LOW TO MEDIUM DENSITY PLANNED RESIDENTIAL DEV"ELOPMEN T DI'STRICT (A) PURPOSE The PRD-L district is intended to provide a residential zoning district with flexible density having a base of three units per acre and a range from } to 6.99 units per acre in which multiple family and detached single family developments are planned together so as to promote f~exibility in the drvelopment of land, improve design, character and quality and preserve the natural and scenic features of open space. PRD-L shall have a maximum of 6.99 units per ac~.e with a minimum of :,50,%) percent of the total units in detached single family units and a minimum of fifteen(15%) percent of the total acreage in common open space. Approval of densities above the base shall be made in compliance with subsections (D) and (T) below, unless otherwise specified on the City's Land Use Plan Map or in the Ordinance rezoning the property to RRD-L. (B) PERHITTED USES :: (1) Sing]e family dwellings and their customary accessory uses including bird aviaries, boat docks, dog houses and dog runs, garages, greenhouses, guest cottages, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, swimming pools, tennis courts, tool sheds, workshops, and ~milar recreational facilities, subject to Site and 9evelopment Plan and Plat Approval (Z) Hultiple Family projects and their attendant recreational facilities, subject to Site and Development Plan and Plat Approval (~)Home occupations, subject to Sec. }O-l?(1)(I) (C) CONDITIONAL USES As prescribed in Sec. ~0-21 and after the ceviem of the application and plan appurtenant thereto, and hearing thereon, the Planning and Zoning Board Finds as a Fact that the proposed use or uses are consistent ~'ith good zoning practice, not cont~.ary to the [.!aster Plan, and not detrimental to tlc promotion of public appearance, comfort, conveniencb, general ~elfare, good ordec, health, morals, prosperity and safety of the City, the Folloming uses may be recommended to the City Council as Conditional Uses: (1) Churches or places of worship, and their attendant educational, recreational, and columbarium facilities (2) Community center facilities, unen operated by a residential home omners association Day care centers, kinOergartens, nursery schools, and other preschool facilities, subject to Section 30-17(2) (O) -1- .~ (4) Educational institutions, excluding colleges, semi- naries, training centers, universities and vocational schools. (5)- Golf courses, and their attendant accessory uses (6) Natural resource utilities (?) Public utilities, in a completely enclosed build- ing (8) Swimming clubs, and their attendant accessory uses (9~ Tennis clubs and their attendant accessory uses (D) DENSITYm SITE AREAz LOT DIMENSIONS (Il Density lhe base density for this district is three dwelling units per acre, and, where speciai conditions can be met as described beiow, densities may be increased to a maximum of 6.99 d~eiling units per acre. Where a site plan is submitted showing that the per- formance standards set forth at Sec. ~O-8(T) can be met, higher densities may be approved; in no case, shali density exceed 6.99 units per acre. In approving a :: request for higher densities, cerLai,: safeguards and improvements, both on and off site, may be requi~ed to mitigate the impact of she increased numbers. Where possible, these improvements will be incorporated onto the site plan; where necessary, they will form part the wrztten conditions to which the approval of the site plan and increased density are subject. Densities over the base for this distr{ct ere permitted only as they relate to a specific site design and attendant improvements. If a major site plan modifi- cation is proposed, of if the agreed upon improvements are not completed, or if the time limitation of the approval expires, then the permitted density fcr the property will revert to the base ¢zgure of' three units per acre, In circumstances where the City initiates the rezoning of the property to RRD-L and sets a density for tne property ~hich ~s less than 6.99 d~,eliing units per acre, or the Land Use Plan Flap provides a density ~hioh is less than 6.~9 d~eliing units per acre, that desig- nated- density may not be exceeded 'uiLhout a rezoning and/ur a Land Use Plan amendment, if t~,e zoni,,g ordi~ance or the Land Use Plan r. iap designates a denslty for pro- perty zoned RRD-L uhich is betmeen 3 and 6.99 units per acre, the property may be developed to that density without the need For performance standard r~vi~ as the time of site plan approval. Rezonings which are not initiated by the City shall not provide a density designation in the or di,'~ance. The specific density permitted shall be determined as proviced ~erein. -2- (2) Minimum Site Area The minimum size parcel for development of land zoned PRD-L shall be five (5) acres. In the event that a pa'~cel zoned PRD-L is less than five (5) acres in size or.is not aggregated or joined with other parcels in the same zoning classification to equal in total the minimum size parcel of five (5) acres prior to development~ any persons desiring to develop this undersize parcel must apply to have the subject pruperty rezoned to some other zoning classification. (3) Minimum Lot O%mcnsion Residential Type Area Width Depth (a) Single Family detached (Conventional) 7,500 sq.ft. 60 ft . */80 ,'t . ** lOOft. (b) Single family detached (Cluster or zero lot line) 4,500 sq.ft. 40ft.~/60ft.** 80ft. (c) Duplex (Conventional) 8,000 sq.ft. 60ft.*/8Oft.** lOOft. (d) Duplex (lJnits platted separately) 4,000 sq.ft. 30ft.~/~Oft.** iOOft. (e) Tomnhouses (Units platted separately) 1,600 sq.ft. 16ft.*/5Oft.** 80ft. (f) ~.~hen the multiple family lot area is to be platted, the lot area shall coincide uith or exceed the slab area for the d%,elling units. * Interior lots *~' Corner lots (E) AGGREGATE FLOOR AREA (1) Single Family Detached lhe f611oming shall De the minimum aggregate floor area for all detached single family dmelling, exlcusive of terraces, and unroofed areas, including fifty (50%) percent of attached carports, garages, and screened patios: (a) Slngle family detached Conventional) 1,200 sq.ft. (b) Single family detached (Cluster or zero lot l~ne) 1,000 sq.ft. -3- (2) Multiple Family l he following shall be the minimum aggregate floor areas for all multiple family dwelling units, expressed as net living area, exclusive of balconies, decks, porches, and common area such as corridors: (a) Efficiency 400 sq. ft. (b) One (1) bedroom 600 sq.ft. (c) Two (Z) bedroom.~ 900 sq.ft. (d) Three (3) bedrooms ~,150 sq.ft. (e) Four (4) bedrooms 1,350 sq.ft. A minimum of two (2) bathrooms are requ£red in four (4) bedroom multiple family dwelling units. (F) BUILDING SETBACKS The following shall be the minimum setbacks for all buildings and structures allowed in this zoning district: Residential Type Front Szde Side Rear (interior) Street) (1) Single family detached (Conventional) 25 ft. 7 1/'2 ft. 15 ft. 10 rt. (2) Single Family detached (Cluster or zero lot line) 20 ft. * 15 ft. 10 Ft. (3) Hultiple family (a) 1-2 floors 25 ft. 15ft.** 25ft. 25ft. (b) 3-4 floors 30ft. 25ft. 30ft. 25ft. (~) To~nhouses See Sec. 30-17(I) (K) · Zero lot line: No setback on one (1) side, fifteen (15) feet on the other sloe. Cluster: 7 1/2 feet interior setbacks · * Duplex platted separately: No setback on one (1) side, fzfteen (15) feet on the other side. (G) GROUND FLOOR 8UILDING AREA The fol]o~ing shall be the maximum total ground floor building area of all buildings and st[.uctures allo~ed in this zoning district: (1) Single family detached No requirements (2) Hultiple family ~0% of total lot a rea -4- (H) BUILDING HEIGHT (1) Single .Family N,. building or structure shall be constructed to a height exceeding three (3) floors or thirty-five feet. (2) M ul.t i.pm. 1 e Family No building or structure shall be constructed to a height exceeding three (3) floors or forty-five (45) feet, or in the case of a recreational building, not higher than the highest principal residential building. PARKING AND LOADING REGULATIONS See Sec. 30-18 and 30-19. WALLS AND FENCES See Sec. Articles IX and X, Chapter 9, City Code of Ordin- ances. (K) LANDSCAPI>~G See Sec. Articles IX and X. Chapter 9, City Code of Ordin- ance. (L) SIC,~S See Articles VIII, Chapter 9, City Cote of Ordinances (M) TOWNHOUSES AND TOVJNHOUSE DEVELOPHENTS See Sec. 30-17 (1)(K) (N) HINIHUH SPACING BETWEEN BUILDINGS See Sec. 30-17(1)(J) (0) SPECIAL SETBACK PROVISIONS See Sec. 30-16 (P) SURPLEHENTARY REGULATIONS See Sec. 30-17 (Q) SITE AND DEVELOPMEqT PLAN APPROVAL See Sec. 30-22 -5- (R) SPECIAL REGULATIONS (1) General Standards (a)The development plan sb-ll provide for an effec- tive and unified treatment of the development potential of the site, making appropriate provisions for the preservation of scenic features and amenities of the :2te. (b) The development plan shall foster harmony with existing or proposed development zn areas sur- rounding the site. (2) Buildin~ Desi,~n Standards (a) Buildings in the layout shall be an integral part of the development, and have convenient access to and from adjacent uses and blocks. (b) In multiple family developments, the individual buildings shall be related to each other in design, masses, materials, placement and connection, so as to provide visually and physically integrated developments. Treatment of the sides and rear of buildings shall be com- parable in amenity and appearance to the treatment given to street Frontage. (c) Ail buildings shall be oriented so as to insure adequate light and air exposures to the rooms within. (d)Layouts and buildings shall be arranged so as to be accessible to emergency vehicles. (e) Where "T" cul-de-sacs are used, a maximum of three (3) duplexes may be employed, provided they comply with the building setback requirements for zero lot line detached single Family dwellings. (3) Landscape Design Standards (a) Landscape treatment for plazas, roads, paths, service and parking areas, shall be designed as an integral part of a coordinated landscape and street Furniture design for the entire area. (b) Primary landscape treatment shall consist of shrubs, ground cover and street trees and shall combine with appropriate walks and street surfaces to provide an attractive development pattern. Landscape materials should be appropriate to local growing conditions. -6- (c) Whenever possible, existing trees shall be con- served and integrated into the landscape desiqn plan. Open Space DesiQn 3tandar. ds (a) The location, shape, size and character of the common open space must be suitable for the contemplated development including; density, population characteristics and housing types. (b) Common open space must be used fcr amenity or recreational purposes, and must be suitably improved for its intended use. Natural features wo[thy of preservation shall be incorpo;ated into the co~,mon open space system. (5) Circulation System Design Standards (a) Roads, pedestrian walks and open spaces shall be designed as an integral part of an overall design and shall be properly related to buildings and appropriately landscaped. (b) There shall be an adequate amount of pedestrian walks, and landscaped spaces to limit pedestrian use of vehicular ways, and to separate pedestrian walks and public transportation loading places from general vehicular' circulation. (c) The location and desiqn ~F pedestrian walks shou]d emphasize desirable ~iews of new and ex- isting developments. (~) Parking And Loadin§ Desiqn Standards (a) Rarking facilities in multiple family areas shall be landscaped and screened from public vie~ to the extent necessary to elin, inate unsightliness and monotony of parked cars. (b) Rarking facilities shall be designed with careful regard to orderly arrangment, landscaping, and ease of access, and shall be developed as an integral part of an overall site design. (c) -Loading facilities shall be screened from public view tc the extent necessary to eliminate uns ightl ine ss. (7) Heasurement of Setbacks Setbacks shall be measured from the riq~t of ray line for public streets, and from the access easement line for private streets. -?- (8) Accessory Buildings A.nd Structure In ze-~o lot line developmen'~s, ali a~cessory buildings, structures, or uses, attached or unattache~ to the principal structure, shall comply with the following setbacks: (1) Front 20 ft. (2) Side (interior) 10 ft. (5) Side (street) 15 ft. (~) Rear 10 ft. Provided, however, that attached garages shall be piaced contiguous to the side property line that the principaI structure is Iocated, provided the sum of the t~o (9-) required side setbacks exists on the opposite side property iine. If the party wali is extended, however, ail accessory buildings, structures, or uses may be placed contiguous to this wall. (9) Swimmin~ Pools S~imming pools the top of which are no higher than grade level may extend into the setback area but not closer than the ten (10) feet to any rear or side property line, not closer than fifteen (15) feet to any street right-of-way line. Alt' ~ugh s~imming pools may extend into setback areas, uno ir no circumstances shall a screened or ~ther pool enc]:~sures be permitted to encroach into such setback areas. (10) Frontaqe On Curvinq Streets And Cul-De-Sacs On curving streets and cul-de-sacs, t~,e required frontages of lots may be reduced by forty (~0) percent, provided the center line radius of the adjacent street is one hundred (100) feet or less. (11) Screened Enclosures in zero lot line developments only, screened enclosures may extend into the interior side setback areas, but shall not extend closer than five (5) Feet From the property line, or exceed thirty five (~5) percent of the net li%iag area, exlusive of garages, balconies, decks, porches, and common area such as corridors. (S) PARK AND RECREATIONAL LAND DEDICATION See Sec. 30-17(1)(L) -8- (T) PERFORMANCE STANDARDS Unless -the density is otherwise specified on the City's Land Use-Plan Map or Jn the Ordinanc~ r..zoning the property to PRD-L, as provided in subparagraph (D)i above, ~ne following performance standards shai£ be evaluated as mandatory areas of consideration for all site pIan requests above the base density of this district. A finding of fact that each Performance Standard has been satisfied shall be made prior to any increase over the base density. (1) Performance Standard 1. Water Services (~-)The Dclr~-y Beach Department of Public Utilities must agree to supply '~ater to thc development. (b) There shall be provided proof that p~'ior commitments of water plus the projected need of the deve]ooment do not exceed .supply ~nd treatment capacity. ,.~2) Performance Standard 2. Sewer Ssrvice~ (a), The South Centr,~l R~g_c~ nai Waste Water Treatment .- and Disposal Board must agree to supply sewer service to the development. (b) There shall De provided proof thaL prior commit- ments of sewer service plus the projected need of the development do not exceed treatment capacity. (3) Performance Standard 3. Streets Streets serving a proposed project shall, during and upon completion of the project, not exceed reasonable and safe levels of service. As the standard, streets shall be maintained at levels of service naving stable flow characteristics and shall only approach unstable flo~ conditions during peak t£affic periods, In determining the effects of a proposed development on level of service, project analyses shall include the follo'~ing areas of evaluation: (a) Traffic ~haracteristic~ and levels of ~ervice of existing streets directly affected by the proposed project. (b} ' Tr±p genuraLion and origin-destznation proj¢c- fiords for the prupnsed project. (c) Impacts of th6 prnpo~ed project on affected streets: int~luding level of service. (d) Impacts of previously approved nfo jeers affecting the cam~ streets as the p?opcsed pruject. (e) Radius of development influence. -9- Effects of phasing of the proposed development including relationships to the long range tho- roughfare pla s of the City, C~unty, and Metropolitan Rlanning Organization (MPO), and to the five year work program of the MPO and Department of Transportation (DOT). (g) Effects of roadway alterations anticipated in the proposed project, including intersection improvements, turn lanes, signalization, median and other improvements. (h)Highway and intersection design capacities. The City Engineering Division shall be responsible for evaluating the traffic impacts of the proposed develop- ment. However, the City Engineer may require the developer, or the developer himself may opt, to provide a professional traffic impact analysis on streets serving the proposed project. In any case, the traffic evaluation of the project shall be in accordance with accepted traffic engineering practices and Palm 8each County's Ordinance No. 81-5 "Traffic Performance Standards". (4) Rerformance Standard 4. Environmental Impacts (a) In any case where a potential environmentally sensitive area exists, the developer shall be required to contact the C-?ps of Engineers, Department of Environmental Regulation, South Florida ~,Jaste Management Dis~.cict and/or other applicable regulatory agenc_es co~current with his application to the City. .~'here a regulatory agency indicates probable environmental sensi- tivity, the developer may be required to provide reports or studies to address the environmental pr ob 1 ems. (b) Any proposed development which may create waste hazardous to humans or the environment shall Oe required to provide information to the City and applicable regulatory agencies sufficient to allow determination of the poten rial effects of such waste materials. (5) Additional Considerations The folloming considerations shall be evaluated prior to granting any increase in density over the base, an their deficiency, individually or in combination, may represent sufficient grounds For denial of such application. (a) Adequacy of fire protection shall be evaluated. -10- ' (b) Drainage proposals, including the effects of proposed storm water discharges, shall be evaluated. (c) Recreational proposal, and subsequent impa~ts shall be evaluated by the Parks and Recreation Department. (d) Flood hazard potential shall be evaluated. In addition to all Performance Standards above, the final decision on any change shall include careful consideration of existing development patterns and shall provide densities which are compatible with the character of the surrounding neighborhoods. -11-