43-97 DRA
FAILED ON FIRST READING - 10/7/97
ORDINANCE NO. 43-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION
4.3.4(J)(1), "HEIGHT", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE
FOR HOW HEIGHT SHALL BE DEFINED FOR ALL SINGLE
FAMILY HOMES WEST OF A1A; AMENDING SECTION
4.3.4(K), "DEVELOPMENT STANDARDS MATRIX", TO
PROVIDE FOR A MAXIMUM FLOOR AREA RATIO FOR ALL
SINGLE FAMILY ZONE DISTRICTS, AN INCREASED SETBACK
REQUIREMENT FOR SECOND AND THIRD FLOORS IN THE
R-IAAA, R-IAAA-B, R-1AA-B AND R-1AA ZONE DISTRICTS,
AND EXEMPTING PROPERTIES LOCATED EAST OF STATE ROAD
A1A FROM THESE CHANGES; AMENDING APPENDIX "A" ,
"DEFINITIONS", TO ADD A DEFINITION FOR "FLOOR AREA
(GROSS)" AND FOR "FLOOR AREA RATIO (FAR) ";
PROVIDING A GENERAL REPEALER'CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the proposed text amendments at a public
hearing on September 15, 1997, and forwarded the changes with a
recommendation of approval; 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 changes are not inconsistent 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 Chapter Four, "Zoning Regulations",
Article 4.3, "District Regulations, General Provisions", Section
4.3.4, "Base District Development Standards", Subsection 4.3.4(J) (1),
"Height", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as
follows:
(J) Height:
(1) Defined: The vertical distance from grade to the
highest finished roof surface of a flat roof or to the mean level
between eaves and ridge for gable, hip, or gambrel roofs. For all
sinqle family homes west of A1A, heiqht shall be defined as the
vertical distance from qrade to the hiqhest finished roof surface of
a flat roof or the hiqhest Doint of the roof of a qable, hiD, or
qambrel roof. The height set forth in the matrix is the maximum
height for all structures within the respective zone district except
as provided for in Subsection 4.3.4(J) (3)&(4).
FAILED ON FIRST READING - 10/7/97
FAILED ON FIRST READING - 10/7/97
Section 2. That Chapter Four, "Zoning Regulations",
Article 4.3, "District Regulations, General Provisions", Section
4.3.4, "Base District Development Standards", Subsection 4.3.4(K),
"Development Standards Matrix", of the Land Development Regulations
of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as set forth at Exhibit "A" attached hereto and made
a part hereof.
Section 3. That Appendix "A", "Definitions", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as set forth at Exhibit "B"
attached hereto and made a part hereof.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. 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 6. 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 , 1997.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 43-97
FAILED ON FIRST READING - 10/7/97
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~'(ITY~AGER
SUBJECT: AGENDA ITEM #/~ - REGULAR MEETING OF OCTOBER 7, 1997
ORDINANCE NO. 43-97 (RECOMMENDATIONS CONCERNING THE
REGULATION OF LARGE HOMES)
DATE: OCTOBER 3, 1997
Attached is documentation from the Planning Department concerning
proposed amendments to the Land Development Regulations which
relate to the large home compatibility issue as discussed by the
Large Home Task Team. It outlines the consideration and
subsequent recommendation of the Planning and Zoning Board as well
as a proposal from the Planning Department staff.
I disagree with the Planning and Zoning Department staff on the
proposal that the additional five foot (5') setback for homes over
one story tall should only apply when the Floor Area Ratio exceeds
0.35. The detrimental impact which we are seeking to regulate is
the impact of a two or three story structure five feet closer to
the property line. The impact is caused by (1) the height of the
structure and (2) the length of the structure adjacent to the
property line. The length of the structure is not necessarily
related to the Floor Area Ratio. Therefore, this proposal should
not be adopted.
I also have some concern about not increasing the setback for two
and three story structures in R-iA and R-1A-B zones. Most of the
lots in these zones are narrower, but you might want to consider
increasing the side setback from 7-1/2 feet to 10 feet for those
zones.
Ordinance No. 43-97 is before the Commission for consideration on
first reading in draft form. Please note that two Exhibits "A"
and "B" are attached to the ordinance. One reflects the Large
Home Task Team/Planning and Zoning Board recommendation while the
other reflects the Planning Department staff proposal.
City Commission consideration and direction is requested.
re f: agmemo 11 J - 0
TO: DAVID T. HARDEN
/~CITY_MANAGER
THRU: TOR
DEPARTMENT OF PLANNING AND ZONING
PAUL DoR~I~~O, ' INClPAL PLANNER
FROM:
SUBJECT: LDR AMENDMENTS TO SECTIONS 4.3.4(J)(1) HEIGHT, AND
SECTION 4.3.4 (K) DEVELOPMENT MATRIX, AND "APPENDIX
A" RELATING TO THE LARGE HOME TASK TEAM
RECOMMENDATIONS
The action before the Commission is approval of LDR changes relating to the
large home compatibility issue as discussed by the Large Home Task Team.
The proposed amendments include LDR Sections 4.3.4 (J)(1) Height, Section
4.3.4 (K) Development Standards Matrix and Appendix "A", Definitions.
The Large Home Task Team concluded its deliberations on April 9, 1997. The
team's recommendations included: the implementation of a maximum .40 FAR
(Floor Area Ratio) for all single family zone districts; a maximum height of 35' to
be measured to the highest part of the roof versus the mean (except for
chimneys and cupolas); and that properties on the east side A1A be exempted
from the regulations. These recommendations were presented to the City
Commission on May 13, 1997 and the City Commission directed staff to prepare
the attached LDR amendments.
In the weeks preceding the Task Team's recommendation the City Commission
received comments that the recommendation had not gone far enough in
addressing the compatibility concerns. To that end staff formulated additional
options for the Planning and Zoning Board and the City Commission to consider.
The Task Team recommendations can be implemented by changing the
definition of height in Section 4.3.4.(J)(1) as it applies to single family homes
west of AIA, by adding a FAR (Floor Area Ratio) of .40 to the matrix contained
in Section 4.3.4 under all single family zone districts, and by amending the
definition section to provide a definition of Floor Area Ratio. An asterisk is to
be placed next to the .40 referencing a notation that the FAR does not apply to
single family homes east of AIA.
The two additional options that staff presented to the Planning and Zoning Board
included further clarification of the definition of FAR (i.e. double counting of floor
area for rooms with ceilings over 15' in height), and provision of an increased
setback for homes having two or more stories.
The definition of Floor Area Ratio supported by the Task Team is "the ratio of
the gross floor area of all structures on a lot to the lot area". However, this
definition does not differentiate between floor areas which may have a ceiling
height of 12' versus 24' or 30'. Cleady in the latter the impact of the height and
mass of the room is equal to two or more floors yet would be counted as a
single floor under this definition. Surrounding communities have addressed this
concern by modifying the definition of floor area ratio to require areas with
ceilings that are 15' or higher to be counted as double the square footage. To
accommodate limited vaulted entries and atrium spaces an exemption of the
first 200 square feet is recommended. Additional language to the definition
section of the LDR's addressing the issue is attached.
Another alternative regulation presented to the Planning and Zoning Board was
to require an additional 5' setback for the second and third floors of multi-storied
homes. This would promote the stepping back of the structures, mitigating the
impacts on the adjoining properties by concentrating the mass of the house to
the center of the lot. This recommendation requires modification of the
Development Standards Matrix (Section 4.3.4) as it relates to side interior
setbacks.
There has been considerable discussion among Planning and Zoning Board
members and within the community regarding the position of the Task Team to
exclude the property along the oceanfront from the proposed regulations, since
many of the largest homes in the City are located on these lots. However, the
Task Team's basis for exclusion relates to the platted and unplatted
characteristics of each neighborhood. When purchasing in platted subdivisions
(Seagate, Tropic Isles etc.) residents have certain expectations of the character
of the neighborhood. The unplatted oceanfront properties are bordered on one
side by the ocean, and the other by a collector street (A1A), and are not in a true
"neighborhood". Further, as the oceanfront contains predominantly larger
homes this would appear to be a location where large home construction is
compatible with adjacent properties.
The Planning and Zoning Department considered the request at a public
hearing on August 18, 1997 meeting. There was significant public testimony
which ranged from support of the Task Team recommendations to testimony that
the proposed regulations were too restrictive, or were not restrictive enough.
After a lengthy discussion the Board recommended continuing the item and
requested additional information with respect to the current regulations, the
means by which other cities have addressed the issue, and the analysis of the
proposed floor area ratios on existing and proposed development.
The additional information was provided to the Board who again considered the
LDR amendments at their September 15, 1997 meeting. After reviewing and
discussing the supplementary information the Board recommended on a 4-2 vote
(Carolyn Young and Robin Bird dissenting) the following LDR changes:
· The implementation of a maximum .40 FAR (Floor Area Ratio) for all single
family zone districts;
· A maximum height of 35' to be measured to the highest part of the roof
versus the mean (except for chimneys and cupolas);
· The adoption of the Task Team's recommended definition of floor area;
· That an additional 5' setback be required for second and third floors in the R-
1AAA, R1AAAB, R-1AAB and R-1AA single family zoning districts, and;
· That the above new regulations not apply to properties on the east side of
A1A.
The Planning and Zoning Board recommendation differs from the staff
recommendation as the Board chose not to recommend modifying the floor area
ratio definition to require areas which are 15' or higher to be counted as double
square footage. The recommendation differs from the Task Team's in that the
Board chose to implement an additional 5' setback for the second and third
floors of homes located in the R-1AAA, R-1AAAB, R-1AA and R-1AAB zone
districts. The additional setback would not apply to properties zoned R-lA.
In reviewing the Board's recommendation for additional setbacks a concern is
noted. The additional setback as recommended would apply to all second and
third floors regardless of the size of the house. This may unnecessarily
penalize a home owner who may be contemplating a moderately sized home.
To alleviate this concern it may be appropriate to require the additional setback
only for those homes for which the mass is a compatibility concern i.e. homes
which approach the maximum FAR. This could be accomplished by requiring the
additional setback only on homes having an FAR between .35 and the .40
maximum.
1. Continue with direction.
2. Adopt the regulations as recommended by the Large Home Task Team which
includes the establishment of a .40 FAR, modification of the definition of
height (35' to the highest point of the roof), the addition of a definition for
Floor Area Ratio (FAR) and gross floor area and the exempting of properties
east of A1A from all of the above regulation changes.
3. Adopt the attached ordinance as recommended by the Planning and Zoning
Board which includes the establishment of a .40 FAR, modification of the
definition of height (35' to the highest point of the roof), the addition of a
definition for Floor Area Ratio (FAR) and gross floor area, an additional 5'
setback for the second and third floors of homes located in the R-1AAA, R-
1AAAB, R-1AA and R-1AAB zone districts, and the exempting of properties
east of A1A from all of the above regulation changes.
4. Adopt an alternative combination of regulations which would include some or
all of the recommendations of the Planning and Zoning Board along with the
one or more of the following;
· Apply the additional 5' setback in the R-1AAA, R-1AAAB, R-1AA and R-
1AAB zone districts for second and third floors only to homes having a .35
or greater FAR;
· Adoption of the FAR definition to require areas which are 15' or higher to
be counted as double square footage.
By motion, adopt the Planning and Zoning Board recommendation for LDR
amendments to Section 4.3.4 (J)(1) Height Section 4.3.4 (K) Development
Standards matrix and "Appendix A" definitions to accommodate the following;
· The establishment of a .40 FAR for all single family zone districts;
· Modification of the definition of height to 35' to the highest point of the roof
( excluding chimneys and cupolas);
· The addition of a definition for Floor Area Ratio (FAR) and gross floor area;
· Adoption of an additional 5' setback for second and third floors in the R-
1AAA, R1AAAB, R-1AAB, and R-1AA and;
· Exempting the properties east of A1A from all of the above regulation
changes.
And consideration of the following;
· Apply the additional 5' setback in the R-1AAA, R-1AAAB, R-1AA and R-
1AAB zone districts for second and third floors only to homes having a
.35 or greater FAR;
· Adoption of the FAR definition to require areas which are 15' or higher to
be counted as double square footage.
Attachments:
Changes to Section 4.3.4 (J)(1) Height
Matrix including .40 FAR, second floor setbacks
Matrix including .40 FAR, second floor setbacks for homes over .35 FAR
Definition for FAR, Gross Floor Area
Definition for FAR (with areas over 15' in height counted as double), Gross Floor Area
(J) Height:
(1) Defined: The vertical distance from grade to the highest finished
roof surface of a flat roof or to the mean level between eaves and ridge for gable, hip,
or gambrel roofs. For all single family homes west of A1A height shall be defined as the
vertical distance from grade to the highest finished roof surface of a flat roof or the
highest point of the roof of a gable, hiD. or gambrel roof. The height set forth in the
matrix is the maximum height for all structures within the respective zone district except
as prc~vided for in Subsection 4.3.4(J)(3)&(4).
(2) Basis for Measurement:
(a) For buildings adjoining one street, the grade is established
from the mean elevation of the crown of the street along the
lot frontage.
(b) For buildings adjoining more than one street, the grade is
established as the average of the mean elevation of the
crown of the adjoining streets.
(c) When applied to single family detached dwelling units, less
than three stories, within residentially zoned districts, the
grade is established as the mean elevation of the finished
surface of the ground adjacent to the exterior walls of the
building. Under no circumstance shall the grade be higher
in elevation than the highest point of the unaltered dune or
the crown of the street. [Amd. Ord. 43-91 6111191]