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103-85
ORDINANCE NO. 183-85 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELP~Y BEACH, FLORIDA, BY AMENDING SECTION 30-15.3, "POI PROFESSIONAL, OFFICE, AND INSTITUTIONAL DIS- TRICT", BY CHANGING THE NAME OF THE ZONING DISTRICT TO "POC, PLANNED OFFICE CE~ER"; BY AMENDING SUB- SECTION (A) "PURPOSE", TO INCLUDE WITHIN THE PURPOSES OF THE ZONING DISTRICT THE INTENT THAT SUCH DEVELOPMENTS CONSIST OF PLANNED UNIFIED COMPLEXES; BY ENACTING A NEW SUBSECTION (B) "DEFINITIONS", TO PROVIDE A DEFINITION OF PLANNED OFFICE CENTE}~S; BY AMENDING SUBSECTION (B) "PERMITTED USES", TO RELETTER THE SUBSECTION AS (C) AND TO INCLUDE MEDICAL AND DENTAL LABORATORIES AS A PERMITTED USE; BY AMENDING SUBSECTION (C) "CONDITIONAL USES", TO RELETTER THAT SUBSECTION TO (D) AND TO INCLUDE AS CONDITIONAL USES: DAY CARE CENTERS, KINDERGARTENS, NURSERY SCHOOLS, AND OTHER PRESCHOOL FACILITIES AS WELL AS RESIDENTIAL ALL-SUITE LODGING; BY AMENDING SUBSECTION (D) "LOT DIMENSIONS A~ SITE AREA", TO RELETTER THAT SUBSECTION TO (E) AND TO PROVIDE CERTAIN MINIMUM PARCEL SIZES AND LOT SIZES WITHIN THE ZONING DISTRICT; BY AME~ING SUBSECTION (E) "BUILDING SETBACKS", TO RELETTER THAT SUBSECTION TO (F) A}D TO REQUIRE A TWENTY-FIVE (25) FOOT SETBACK WHERE PROPERTY ABUTS RESIDENTIAL ZONING DISTRICTS AND TO REQUIRE LANDSCAPING WITHIN T[~E SETBACKS; BY A~E~ING SUBSECTIONS (F) THROUGH (J) TO RELETTER THOSE SUBSECTIONS TO (G) THROUGH (K); BY REPEALING SUBSECTION (K) "LANDSCAPING", AND ENACTING A NEW SUBSECTION (L) "LAndSCAPING A~ OPE~ SPACE", WHICH REQUIRES TWENTY-FIVE (25) PERCENT OF THE SITE TO BE NON-VEHICULAR OPEN SPACE AND TO BE LANDSCAPED; BY AMENDING SUBSECTION (L) "SIGNS", TO RELETTER IT TO SUBSECTION (M) "SIGNS"; BY AMENDING SUBSECTION (M) "SPECIAL REGULATIONS", BY RELETTERING IT TO SUBSEC- TION (N), A~ BY PROVIDING SPECIAL REGULATIONS FOR RESIDENTIAL ALL-SUITE LODGING; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~. That the title of Section 30-15.3, "POI Profes- sional, Office, and Institutional District", be, and the same is hereby amended to read as follows: Sec.30-15.3 ~- ' ~-~eeT-~--I~s~e~i,~-~~ POC. Planned Office Center ~S_~. That Section 30-15.3 (A) "Purpose", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (A) PURPOSE The ~ POC zoning district is intended to establish areas of primarily office uses in completely enclosed buildings within Planned and unified complexes at 3 sui~- able locations throuahout the City. The ~ POC zoning district is not intended for commercial activities in which goods, wares, or merchandise are displayed, stored, exchanged or sold. Any outdoor storage is expressly prohibited. ~9_~. That a new Section 30-15.3 (B) "Definition", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is 'hereby enacted to read as follows~ CB) ~ (1) A POC is land under unified ~ontr~l. planned and constructed as a whol9 in a single dg~elopment, or in an approved Droaramme~. series of development phases. -The unified ~ont[ol of the land may result from ownership or from ~ binOiRq aareement, a~ono the owners of separat9 Dargels (of one (1) acre or more} to devglop th9 DroDer~y as a sinale development. The applicant shall . present ieoal documents acceptable to the City Attorney to constitute evidence of the unified ~ontrol of the entire area within the DrODosed POC. (2) A POC shall include a pro,ram for full orovision. maintenance and operation of such areas, imDro¥9- ments, facilities, and services for common use by the occupants of the Planned Offic9 Center. which will not be provided, oDe~ted, or maintained a~ Public expense. Applicant. shall provide acreements. ~ontracts~ covenants, deed re~trictiQn~, and/or sureties acceptable to tl]~ City for continuin~ operation and maintenance Q~.~Ugh areas, functions. and.~cilities which will not b~ .provided. operated. or ma~Bta~DeO at public expensg, However. nothing in this definition shall urevent separate ownership of parcels of one (1) acre or more within a POC ~eve!oDment durin~ the ar~.~!ication or development Rrocess or after development, (3) Applicant shall bind their successors in title to any commitments made under this section. ~9_~. That Section 30-15.3 (B) "Permitted Uses", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: ~B} (C) PERMITTED USES Ail developments shall be subject to Sec. 30-22 Site and Development Plan Approval. . (1) Art galleries and other cultural institutions (2) Banks and financial institutions, excluding drive-in facilities (3) Brokerage establishments, including watercraft, aviation and motor vehicles, without on-premises storage of items which are brokered, except that securities brokers may store securities brokered by them on the premises (4) Business offices (5) Computer services, excluding on-site repair (6) Medical and dental laboratories 2 ORD. NO. 103-85 ~6~ (7) Multiple family projects and their attendant recrea- tional facilities, subject to Site and Development Plan Approval. These projects shall comply with the district regulations for the RL zoning district. ~? "(8) Museums ~} (9) Photographic studios ~9} (10) Professional offices ~e} (11) Single family residence ~}} (12) Travel agencies ~u~_~. That Section 30-15.3 (C) "Conditional Uses", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: ~e} (D) CONDITIONAL USES As prescribed in Sec. 30-21, and after the review of.the application and plans appurtenant thereto, and hearing thereon, the Planning and Zoning Board finds as a fact that the proposed use or uses are consistent with good zoning practice, not contrary to the Master Plan, and not detrimental to the promotion of public appearance, comfort, convenience, general welfare, good order, health, morals, prosperity and safety of the City, the following uses may be recommended to the City Council as Conditional Uses: (1) Churches or places of worship, and their attendant educational, recreational, and columbarium facili- ties (2) Day ~are centers, kinderaartens, nurse.fy ~c.b~ols and other pre-school facilities, subject to Sec. 30-17 ~ (3) Drive-in facilities for banks and financial institutions ~ (4) Educational institutions ~4~ (5) Governmental offices and post offices ~+ (6) Health spas and fitness clinics (7) Residential all-suite loduina (Residential Inns) subject to Special Regulation 3 contained in subsection tN) herein ~6} (8) Social and philanthropic institutions · 9S_~~. That Section 30-15.3 (D) "Lot Dimensions and Site Area", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: ~B~ (E) LOT DIMENSIONS AND SITE AREA se-- equ emen s Except where a sit.~ 91an had been approved under POI or SAD zonin~ Or a land use desi~nation as POI or SAD was in plac9 prior to the passage of this ordinance, the following requirements shall be applicable. The minimum size parcel for development of land zoned POC shall b9 three (3) acres. The minimum lot size within a POC District ~hall not be less than one (1) acre. It is the intent of this section that a parcel zoned POC be under unified control and be not less than three (3) acres in sise, ~hat said parcel be planned and constructed as a whol~, or that it be planned as a whole and constructed iB approved phases. each phase consistinq of not less.~han one (1) lot. and each lot consistina of not less than one (1) acre. However, after Plannina and Zoning ~pview.. the City Council may approve th9 se~ate development of a parcel which is less than three (3) acres but Rpre than one ~1) 3 ORD. NO. 103-85 acre... The City Council may orant the approval where it - finds that= the development plan is consistent with the intent of this zonina district, there exists qood cause for not aaQreoatino the parcel with other Drogerties to 'meet ~he three (3) acre requirement, and the developmept and use of the property is appropriate to the use of neiQhborinQ properties. Section ?. That Section 30-15.3 (E) 'Building Setbacks', of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: ~B} (F) BUILDING SETBACKS (1) Front 30 ft. (2) Side (interior) 10 ft. (3) Side (street) 30 ft. (4) Rear 10 ft. Provided, however, that ~e~-~ when such property directly abuts a resi- dential zonin~ district, such setback shall be at least All required setback area~ ~ball be landscaped, eKcept for access streets and sidewalks needed to provide to external traffic, ~9_~. That Section 30-15.3 (F) 'Ground Floor Building Area', of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: ~+ (G) GROUND FLOOR BUILDING AREA No requirements ~9~. That Section 30-15.3 (G) "Total Floor Area', of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: ~ (H) TOTAL FLOOR AREA No requirements ~[~. That Section 30-15.3 (H) 'Building Height', of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: ~B~ (I) BUILDING HEIGBT No building or structure shall be constructed to a height exceeding four (4) floors or forty-five (45) feet. ~. That Section 30-15.3 (I) "Parking and Loading Regulations', of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: ~.+ ~J) PARKING AND LOADING REGULATIONS See Sec. 30-18 and 30-19 ~. That Section 30-15.3 (J) 'Walls and Fences", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: 4 ORD. NO. 103-85 ~8~ (K) WALLS AND FENCES Whenever a ~e~ POC plot directly abuts a residential district without any division or separator between them ~such as a st2eet, alley or other public open space, a wall, fence, and/or landscape berm shall be constructed as recon~ended by the Planning and Zoning Board. The Community Appearance Board shall conduct the final review of the appearance of the wall, fence, and/or landscape berm in accordance with Articles IX and X of Chapter 9, City Code of Ordinances, and the following special requirements: (1) Solid walls shall have a decorative surface on both sides. (2) No wall shall be constructed with precast conc'rete louvers. (3) No signs or other advertising material shall be placed on the wall, with the exception of the street address. (4) No walls or fences shall be built in utility ease- ments, except when crossing a utility easement at approximately a right angle. ~. That Section 30-15.3 (K) "Landscaping", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby repealed. ~. That Section 30-15.3 (L) "Landscaping and Open Space", of the Code of Ordinances of the City of Delray Beach, be, and the same is hereby enacted to read as follows: (L) LANDSCAPING AND OPEN SPACE ~t ~eas~ ~wgntv-five (25%) percent of the total site shall be in non-vehicular open space and shall be landscaped. ~. That Section 30-15.3 (M) "Signs", of the Code of Ordinances of the City of Delray Beach, Flcrida, be, and the same is hereby amended to read as follows: ~} (M) SIGNS See Article VIII, Chapter 9, City Code of Ordinances ~.S~d~k_~. That Section 30-15.3 (M) "Special Regulations", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: - ~M} (N) SPECIAL REGULATIONS (1) It is the purpose of this zoning district to provide for uses that are permanent rather than transitory in nature, that are conducted within a completely enclosed building, with the exception of off-street parking and signs. (2) Artificial lighting used to illuminate the parking area shall be sharp cutoff luminaire design directed 5 ORD. NO. 103-85 away from adjacent properties, with a pole height not exceeding twelve feet. (12'). (3) ~al all-suite lodain~ uses may be approved as a conditional use in the POC District subject to the followinq provisions, limitation a~ restrictions; (a) must be located with frontaae on or access from at leas~ one arterial or collector street as delineated on the City's Traffic Circulation (b) must be located in proximity to office, indus- trial and business uses= shall be used as a transitional or buffer are- between residential uses and office uses~ (d) minimum floor area Der suite - 500 sauare feet; (e) maximum number of suites - 200 suites or units; (f) maximum density per ~cre - 20 units per acre; must be residential in desian; (h) cannot contain a restaurant, cafe. bar, lounge or nightclub: (i) recreational facilities may be allowed~ swimmin~ pool. whirlpool, jac6zzi, steam.~0om, unlighted tennis court$~ height limitations of two (2) stories; (k) site plan with elevations and floor plan mus~ be Submitted with an application ~O~ conditional use apprgval= {1) traffic impact analysis may be rgGuired to be submitted with an ~DDlicatioD for conditional (m) market study may. be recuired at the discretio~ of the Planning Director or Plannin~ and Zoning (n} ~eetinq room with a maximum.floor ar99 of 2.000 scuare feet may be provided. (o) meetino caterino and complimentary room service may be provided. ~1~_~. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. ~j,~_~. 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. 6 ORD. NO. 103-85 ~. 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 Se~teuber , 1985. ATTEST: City~lerk First Reading September 10. 1985 Second Reading September .24t 1985 7 ORD. NO. 103-85 cO 0 ©