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Ord 02-02ORDINANCE NO. 2-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING PARAGRAPH 4.6.16(D)(2), "PRESERVATION AND PROMOTION OF EXISTING PLANT COMMUNITIES", BY ENACTING A NEW SUB-PARAGRAPH (d), TO ALLOW FOR THE SUBSTITUTION OF MATURE, EXCEPTIONAL TREE SPECIMENS FOR REQUIRED PARKING; PROVIDING A SAVING 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 17, 2001 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.16, "Landscape Regulations", Subsection (D), "Site Design Requirements",' Paragraph (2), "Preservation and Promotion of Existing Plant Communities", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by enacting a new Sub-Paragraph (d), "Substitution of Mature, Exceptional Tree Specimens for Required Parking", as follows: Section 4.6.16 Landscape Regulations: (D) Site Design Requirements: (2) Preservation and Promotion of Existing Plant Communities: Substitution of Mature, Exceptional Tree Specimens for Required Parking: The intent of this section is to preserve those selected mature trees that are not able to be located in required landscape areas while maintaining a reasonable level of off-street parking for new or expanding multi-family, commercial, and industrial developments or redevelopments, as the preservation of these trees, in most instances, is of higher order than providing the exact amount of required off-street parking. The City may require or the applicant may request the substitution of existing, mature, healthy, exceptional tree specimens for required parking spaces in instances where the following conditions are met: Such trees are of a hardwood and/or deciduous variety and a minimum of twelve inches (12") in diameter measured one foot (1') above grade. · Such trees are free of disease and insects. Every effort has been made in planning and design of parking areas to accommodate such trees in the landscape islands required in Section 4.6.16 (H)(3). · Such trees are protected during construction as prescribed in Section 4.6.16(D)(2)(a). The applicant shall indicate on the site plan the location of all required parking spaces and indicate those spaces that will be eliminated in order to preserve trees. The amount of parking spaces permitted to be eliminated for any project shall be determined on a case by case basis. The Historic Preservation Board (HPB) or Site Plan Review and Appearance Board (SPRAB), as appropriate, may approve such requests or require such preservation provided the conditions of this subsection are met. A decision of HPB or SPRAB disapproving a request for or requiring tree preservation may be appealed to the City Commission pursuant to LDR Section 2.4.7(E). All tree(s) which are to be preserved under this section and do not survive shall be replaced by a tree a minimum of 18 feet in height with a 10 foot spread of canopy. The City Horticulturist shall approve such replacements. Section 2. 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 2 ORD. NO. 2-02 than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section a~. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSEDzadq~D ADOPTED in regular session on second and final reading on this the ..... day of _<:~7_~ ..... , Z00_~__. ~ ta~, ATTEST. City Clerk First Re a ding_ 2~:___~_.,__~_0__o_,_,_~ Second Re~din~. · ~, ~6~'~_ MAYOR 3 ORD. NO. 2-02 ~, ~ ~ 4.4.11. ~(~~ ~~Y~A~ ~ A (~), m 100 ANNOUNCEMENTS LEOAL NOTICE~ A PUBLIC HEARING will be held on ~ proposed ordinances at 7:(30 p.m. on TUESDAY, FEBRUARY 5, 2002 (o~ at any ccNlfifluatJon of such nleeflng which is uet by the Commis- sion), in the City C~mmission Cllam- bets, 100 N, W. lS~ Avenue. Delray Beach, Rodda, at which time the City Commission ~ consider their adop- tion. The pra~esed ordinates ~ be inspected at the Office of the City Clerk a City Hall, 100 N.W. 1st Avenue, Del- of 8:00 a.m. and 5:00 p.m. ~ ~ough Friday, e~cept boeaa~. AU interested parties are inva~ to attend afld be hesJ'd wiffi msi~ct to Ihe f~- AN ORDINN4C~ OF THE 'CITY COM- MIS~ON OF THE CiTY OF DELRAY BEACH, FLORIDA. AMENDING THE BY AME.O..G SECT,O. '.E.GHBOR.O00 COM.ERC,AL EQ~JIPMENT RENTAL AS PERMII'~D USE; AND SUBSECTION (D), "CONDI- TIONAL USES AN° STRUCTURES AU.0WI[O", BY ENACTING A NEW PARAGRAPH (4) TO ADD EQUIPMENT RENTAL AND DISPLAY AS A CONDI- TIONAL USE IN TIlE NEIGHBORHOOD COMMERCIAL (NC) ZONING DIS- TRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN ERCECTIVE DATE. AN ORDINANCE OF TI'E CITY COM' MISSION OF 11'1E CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULA- TIONS, BY NglENDING PARAGRAPH 4.6.16(D)(2), 'PRESERVATION ANO PROMOTION OF EXISTING PLANT COMMUNITIES", BY ENACTING A NEW SUBPARAGRAPH {d), TO ALLOW FOR THE SUBSTITUTION OF IMENS FOR REQUIRED PARKING, PROVIDIN~ A SAVING CLAUSE, A GENERAL REPEALER CLNJSE, AND LEOAL NOTICES AN ORDINANCE OF THE CITY COM- MISSION OF THE CITY OF DELRAY BEACH. FLORIDA. REZONING lAND PRESENTLY ZONED RM MULTIPLE FAMILY RESIDENT AL - MED UM DENSITY} TO CBD (CENTRAL BUSI- NESS DISTRICT);, SAiD LAND BEING A PARCEL LOCATED ON THE EAST SI DE OF BRONSON AVENUE APPROXi- MATELY 100' SOUTH OF EAST ATLANTIC AVENUE, AS MORE PAR- TlCUlARLY DESCRIBED HEREIN; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE BATE. ple~e be advis, ed Ihat ff a person decides to .appeal any decision made by file Clly Co~. mission with respect to any matter considered at lflees hear- rags, sucl~ person may need to ensure Ihat a verbatim record includes the tes- ~q)eal Is to be besed. The Ci~ does not Ixov~de nor p~epare such rec4~l. Pur- s4~nt to F.S.2.86.0105. CRY OF DELRAY BEACH 8arl~ra 6erito City Clerk ~d #84~58 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER < AGENDA ITEM !0 ~ - REGULAR MEETING OF FEBRUARY $. 2002 ORDINANCE NO. 2-02 .(TO ADD THE SUBSTITUTION OF MATURE, EXCEPTIONAL TREE SPECIMENS FOR REOUIRED PARKING) FEBRUARY 1, 2002 This is second reading and a public hearing for Ordinance No. 2-02 which amends LDR Section 4.6.16(1))(2) which adds the substitution of mature, exceptional tree specimens for required parking. The proposed text amendment was generated during the site plan approval process for a restaurant known as "Elizabeth's on 7~''. At first reading on January 8t~, the City Commission passed the ordinance by unanimous vote. As part of the site plan approval process, a waiver was requested to reduce the number of required parking spaces in order to save a very large, mature Black Olive tree. The City Commission reviewed the request on April 17, 2001. Prior to the rewriting of the LDR's in 1990, the Commission was informed the code contained a provision to allow substitution of required parking in order to save specimen trees. The Commission approved the waiver and directed staff to amend the LDR's to reinstate this provision. Ordinance No. 2-02 also provides that all tree(s) which are to be preserved under this section and do not survive shall be replaced by a tree a minimum of 18 feet in height with a 10 foot spread of canopy, and the City Horticulturist shall approve such replacements. At first reading on January 8t~, the City Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 2-02 on second and final reading. RefiAgmemo21.Ord.2.-02 SubstimtionofMature,ExceptinalTreeSpecimens.02.05.02 TO: THRU: FROM: SUBJECT: DA~'~R~_MANAGER PAOL DOR-[..I~~R OF PLANNING AND ZONING R~q'~EFFT/PLAN NER MEETING OF JANUARY 8, 200'1 AMENDMENT TO LDR SECTION 4.6.'16(D)(2), TO ADD THE SUBSTITUTION OF MATURE, EXCEPTIONAL TREE SPECIMENS FOR REQUIRED PARKING. The proposed text amendment was ~enerated during the site plan approval process for a restaurant known as "Elizabeth's on 7"% As part of the site plan approval process, a waiver was requested to reduce the number of required parking spaces in order to save a very large, mature Black Olive tree. The City Commission reviewed the request at its meeting of April 17, 2001. The Commission was informed that prior to the rewriting of the LDRs in 1990, the zoning code contained a provision to allow substitution of required parking in order to save specimen trees. The Commission approved the waiver and directed staff to amend the LDRs to reinstate this provision. The Planning and Zoning Board held a public hearing regarding this item at its meeting of December 17, 2001. There were three (3) members of the public who spoke regarding the text amendment. Concerns centered around how the replacement trees, should the specimen trees die, would be accommodated on site and what size would be required. One member of the public suggested the Board may want to look at "Tree Banking" for replacement trees which may not be able to be accommodated on site. Another member of the public spoke in support of the proposed ordinance, and Staff's language which would allow replacement tree determinations on a case by case basis. After discussing the amendment, the Board voted 7-0 to recommend to the City Commission approval of the proposed text amendment, based upon positive findings with respect to LDR Section 2.4.5(M). By motion, approve on first reading the amendment to LDR Section 4.6.16(D)(2), based upon the findings and recommendations of the Planning and Zoning Board, and set a public hearing date of February 12, 2002. Attachments: · P&Z Board Staff Report of December 17, 2001 · Proposed Ordinance by Others ORDINANCE NO. 2-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGUIdkTIONS, BY AMENDING PARAGRAPH 4.6.16(D)(2), "PRESERVATION AND PROMOTION OF EXISTING PLANT COMMUNITIES", BY ENACTING A NEW SUB-PARAGRAPH (d), TO ALLOW FOR THE SUBSTITUTION OF MATURE, EXCEPTIONAL TREE SPECIMENS FOR REQUIRED PARKING; PROVIDING A SAVING 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 17, 2001 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.16, "Landscape Regulations", Subsection (D), "Site Design Requirements", Paragraph (2), "Preservation and Promotion of Existing Plant Communities", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by enacting a new Sub-Paragraph (d), "Substitution of Mature, Exceptional Tree Specimens for Required Parking", as follows: Section 4.6.16 Landscape Regulations: (D) Site Design Requirements: (2) Preservation and Promotion of Existing Plant Communities: Substitution of Mature. Exceptional Tree Specimens for Required Parking: The intent of this section is to preserve those selected mature trees that are not able to be located in required landscape areas while maintaining a reasonable level of off-street parking for new or expanding multi-family. commercial, and industrial developments or redevelopments, as the preservation of these trees, in most instances, is of higher order than providing the exact amount of required off-street ~Darking. The City may require or the applicant may request the substitution of existing, mature, healthy, exceptional tree specimens for required t~arking spaces in instances where the following conditions are met: Such trees are of a hardwood and/or deciduous variety and a minimum of twelve inches (12") in diameter measured one foot (1') above ~ade. · Such trees are free of disease and insects. Ever/effort has been made in planning and design of parking areas to accommodate such trees in the landscape islands required in Section 4.6.16 (H)(3). · Such trees are protected during construction as prescribed in Section 4.6.16(D)(2)(a). The applicant shall indicate on the site plan the location of all required parking sl~aces and indicate those spaces that will be eliminated in order to preserve trees. The amount of parking spaces permitted to be eliminated for any project shall be determined on a case by case basis. The Historic Preservation Board (HPB) or Site Han Review and Appearance Board (SPRAB), as appropriate, may approve such requests or require such preservation provided the conditions of this subsection are met. A decision of HPB or SPRAB disapproving a request for or requiring tree preservation may be appealed to the City Commission pursuant to LDR Section 2.4.7(E). All tree(o) which are to be preserved under this section and do not survive shall be replaced by a tree a minimum of 18 feet in height with a 10 foot spread of canopy. The City Horticulturist shall approve such replacements. Section 2. 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 2 ORD. NO. 2-02 than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section gl. 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 ____, 200m. ATTEST M A Y O R CiW Clerk First Reading Second Reading. 3 ORD. NO. 2-02 MEETING DATE: AGENDA ITEM: DECEMBER 17, 2001 V. C. - AMENDMENT TO LDR SECTION 4.6.16(D)(2) TO ADD THE SUBSTITUTION OF MATURE, EXCEPTIONAL TREE SPECIMENS FOR REQUIRED PARKING. The item before the Board is that of making a recommendation to the City Commission regarding an amendment to Land Development Regulations (LDR) Section 4.6.16(D)(2), Preservation and Promotion of Existinq Plant Communities,, to add subsection (d) regarding the substitution of mature, exceptional tree specimens for required parking, pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the LDR may not recommendation is obtained from the Planning and Zoning Board. be made until a The proposed text amendment was generated during the site plan approval process for a restaurant known as "Elizabeth's on 7th''. As part of the site plan approval process, a waiver was requested to reduce the number of required parking spaces in order to save a very large, mature Black Olive tree. The City Commission reviewed the request at its meeting of April 17, 2000. The Commission was informed that prior to the rewriting of the LDRs in 1990, the zoning code contained a provision to allow substitution of required parking in order to save specimen trees. The Commission approved the waiver and directed staff to amend the LDRs to reinstate this provision. As referenced above, prior to the LDR revisions of 1990, the code contained a provision to allow the substitution of required parking in order to save specimen trees. That previous code section is as follows: Permitted Substitution of Mature, Exceptional Tree Specimens for Required Parking Spaces. The preservation of selected mature trees in most instances is of higher order than providing the exact amount of required off-street parking spaces for new developments, expanding developments or redevelopments. The City may require, or the applicant may request the substitution of existing, mature, healthy, exceptional tree specimens for required parking spaces in instances where the following conditions are met: (1) Such trees are of a hardwood and/or deciduous variety and a minimum of 8 inches in diameter measured 4 1/2 feet above grade. Planning and Zoning Board Staff Report LDR Amendment to Include the Substitution of Mature, Exceptional Tree Specimens for Required Parking. Page 2 (2) Such trees are free of disease and insects. (3) Every effort has been made in planning and design of parking areas to accommodate such trees in the landscape islands required in Article X. - - (4) Such trees are protected during construction as prescribed in Article XI, Section 9-398. Applicant shall indicate on a site plan the location of all required parking spaces and indicate those spaces which will not be paved in order to preserve trees. In no event may the preservation eliminate more than 10% of the first 40 required parking spaces, and 5% of any spaces above 40. Should any tree(s) that is preserved under this section die subsequent to the completion of the project, the property owner shall replace the dead tree with one that is a minimum of twelve (12) feet in height with a six (6) foot spread and six (6) feet of clear trunk. Such substitutions shall be approved by the Planning and Zoning Board in cases where site plan approval is required. On projects that do not require site plan approval, the Building Department may approve such requests or require such preservation provided the conditions of this section are met. A decision of the Building Department or Planning and Zoning Board disapproving a request for tree preservation may be appealed to the City Commission. The intent of this section is to preserve those landscape areas while maintaining a reasonable level of off-street parking. This code section has been revised to be consistent with the current Land Development Regulations, and the site plan approval process. The proposed ordinance has been adjuSted to reflect new horticultural standards With respect to what constitutes an exceptional tree specimen. Also adjusted is the provision restricting the number of spaces that may be eliminated with the preservation of trees. Where the previous code allotted a certain percentage of the required parking spaces for elimination, the proposed ordinance allows for the determination of the number of spaces that may be eliminated to preserve a tree to be made on a case by case basis. Comprehensive Plan Policies: Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with, and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. This amendment is being made for the purpose of reinstating a previously removed section of the code that has been found to be consistent with good planning practice. The amendment also furthers the Conservation Element by accommodating the preservation of specimen trees. Planning and Zoning Board Staff Report LDR Amendment to Include the Substitution of Mature, Exceptional Tree Specimens for Required Parking. Page 3 A. Continue with direction. B. Recommend approval of the text amendment to LDR Section 4.6.16(D)(2) based upon positive findings with respect to LDR Section 2.4.5(M)(5). Recommend denial of the text amendment to LDR Section 4.6.16(D)(2), based upon failure to make positive findings with the respect to LDR Section 2.4.5(M)(5). By motion, recommend to the City Commission that LDR Section 4.6.16(D)(2), Preservation and Promotion of Existing Plant Communities, be amended and subsection (d) added relating to the Substitution of Mature, Exceptional Tree Specimens for Required Parking, based upon a positive finding with respect to LDR Section 2.4.5(M)(5). Attachments: · Proposed Ordinance Planning and Zoning Bc;ard Staff Report LDR Amendment to Include the Substitution of Mature, Exceptional Tree Specimens for Required Parking. Page 4 Section 4.6.16 Landscape Regulations: (D) Site Design Requirements: (2) Preservation and Promotion of Existing Plant Communities: (d) Substitution of Mature~ Exceptional Tree Specimens for Required Parkinq: The intent of this section is to preserve those selected mature trees that are not able to be located in required landscape areas while maintaininq a reasonable level of off-street parkin.q for new or expanding multi-family, commercial, and industrial developments or redevelopments, as the preservation of these trees, in most instances, is of higher order than providing the exact amount of required off-street parking. The City may require or the applicant may request the substitution of existinq, mature, healthy, exceptional tree specimens for required parking spaces in instances where the followinq conditions are met: · Such trees are of a hardwood and/or deciduous variety and a minimum of twelve inches (12") in diameter measured one foot (1') above grade. - · Such trees are free of disease and insects. Every effort has been made in plannin.q and design of parking areas to accommodate such trees in the landscape islands required in Section 4.6.16 (H)(3). · Such trees are protected durinq construction as prescribed in Section 4.6.16(D)(2)(a). The applicant shall indicate on the site plan the location of all required parking spaces and indicate those spaces that will be eliminated in order to preserve trees. The amount of parking spaces permitted to be eliminated for any proiect shall be determined on a case by case basis. The Historic Preservation Board (HPB) or Site Plan Review and Appearance Board (SPRAB), as appropriate, may approve such requests or require such preservation provided the conditions of this subsection are met. Planning and Zoning Board Staff Report LDR Amendment to Include the Substitution of Mature, Exceptional Tree Specimens for Required Parking. Page .5 A decision of HPB or SPRAB disapproving a request for or requiring tree preservation may be appealed to the City Commission pursuant to LDR Section 2.4.7(E). All tree(s) which are to be preserved under this section and do not survive shall be replaced by a tree of equal size or an equivalent number of trees based on truck diameter. The City Horticulturist may approve such replacements.