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Ord 47-06 (" /,\ ORDINANCE NO. 47-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING SECTION 4.4.13(F)(3), "BUILDING FRONTAGE AND FRONT SETBACKS", IN ORDER TO ADJUST SETBACKS AND SECTION 4.4. 13 (H) , "SPECIAL REGULATIONS", PROVIDING AN ALTERNATIVE TO THE NONRESIDENTIAL REQUIREMENTS FOR FIRST FLOORS BElWEEN NE 3RD STREET AND NE 4TII STREET ON THE WEST SIDE OF NE 2ND AVENUE, UPON THE PROVIDING OF CERTAIN COMMUNITY FACILITY SPACE AND OPEN SPACE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Pineapple Grove Area has been developed with the goal to attract artists and the creative classes to the City of Delray Beach as a whole and to the Pineapple Grove area in particular; and WHEREAS, non-residential requirements on the first floor are deemed not necessary for the area west of N .E. 2nd Avenue between N .E. 3rd Street and N.E. 4th Avenue, if certain open space and community space is provided to attract art, artists and pedestrians to the area; 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 August 21, 2006 and voted 4 to 1 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; and WHEREAS, the City Commission 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 DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.13(F) (3), "Building Frontage and Front Setbacks", of the (' /,,\ Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (3) Building Frontage and Front Setbacks: (a) The building frontage for an interior lot is the portion of the lot abutting the primary street minus the required side setbacks. (b) The building frontage for the primary street side of a comer lot is the portion of the lot abutting the primary street minus the required side setbacks. (c) The building frontage for the secondary street side of a comer lot is the portion of the lot abutting the secondary street minus the required front and rear setbacks. R.OW. ~ o ex: ~ o ex: R.O.W. Figure 4.4.13-5 - Building Frontage R.OW. (d) Building frontage is expressed in percentages and may vary from floor to floor. (e) Frontage and setbacks shall be taken from the property line, or if a dedication is required, from the resulting property line after dedication. (f) Building frontage and setbacks for properties fronting on Adantic Avenue or A-l- A shall comply with Table 4.4.13-1. (g) The front setback area for buildings fronting on Adantic Avenue shall be paved with paving materials to match the existing sidewalks within the Adantic Avenue right-of-way. 2 ORD. NO. 47-06 (' /,,\ (h) For comer lots with Adantic Avenue side street frontage, the first sixty feet (60') of the building, taken from the Adantic Avenue property line, or if a dedication is required, from the resulting property line after dedication shall comply with Table 4.4.13-1. (i) Building frontage and setbacks for properties fronting on streets other than Adantic Avenue or A-1-A shall comply with Table 4.4.13-2. TA1JU'4J4:13:':1 'iT Buildings With Arcaded Buildings Without Arcaded F rontage(1) (2)(5)( 6)\T)(8)(9) (1 0) F rontage(1 )(5)(6)(7) (8)(9)(10) Sub Areas Building Height (feet) % Building Setback % Building Setback Frontage (feet) Frontage (feet) (minimax) (minimax) West Adantic 70%/90% 0' 70%/90% 5'minl Neighborhoo Finished 10'max d (WAN) and grade to 37' Remaining 24'min Remaining 17' mini Beach Area length length 22' max (BA)(4) 50% max 12' 50% max 17'min 37' to 48' Remaining 24'min Remaining 29'min length length 70%/90% 5' min or Finished 10' max grade to 25' Remaining 17' min length or 22' Central Core NIA max (C C) (4) 70% max 17'min 25' to 37' Remaining 29'min length 50% max 29'min 37' to 48' Remaining 41' min length 48' and above 100% max 41'min Notes to above Table are located after Table 4.4.13-2. 3 ORD. NO. 47-06 (' /,,\ TABLE 4.4.13-2 Roadwa s 5' mini Finished grade to 25' 70%/90% 10' max 17'minl 22' max Other Right-of- ways 25' to 48' 50% max 17' min Remainin len 29'min 48' and above 100% 41' min 5'minl Finished grade to 25' 70%/90% 10' max Pineapple Grove Way 17'minl (4) Remainin len 22' max 25' to 37' au 70% max 17'min Remainin len th 29'min 37' to 48' au 50% max 29'min Remainin len 41' min 48' and above 100% 41' min 70%180%(3) 15' min(3) Finished grade to 25' 70%/80%(4) 10' min(4) 27' min(3) 22' min(4) NE and SE 5th and NE and SE 6th 15' min(3) Avenues 25' to 37' 70% max 10' min(4) Remainin len th 27'min 37' and above 50% max 34' min Remainin len 39' min 5' mini Finished grade to 25' 70%/90% 10' max NW and SW 5th 17'minl Avenues(4) 22' max 25' to 37' 17' min 4 ORD. NO. 47-06 (" /"\ I 37' to 48' Remaining length 50% max Remaining length 29'min 29'min 41' min Notes to Tables 4.4.13-1 and 4.4.13-2: (1) Lots of record with a width less than fifty feet (50') shall be exempted from the building frontage requirements provided a minimum five (5) to maximum ten foot (10') setback be provided for the portion of the building from finished grade to twenty-five (25') in height and a minimum seventeen foot (17') setback is provided above a height of twenty-five feet (25'). (2) The applicable development regulations for arcades. Arcades shall have a minimum width of twelve feet (12'), inclusive of columns or pilasters up to a maximum width of two feet (2'). (3) Residential occupancy of the ground floor and primary entrances shall be oriented towards NE and SE 5th or NE and SE 6th Avenues. (4) Mixed-use/Non-residential occupancy on the ground floor except that area between NE 3rd Street and NE 4th Street on the west side of NE 2nd Avenue Ca/kl a Pineapple Grove Way) which shall be governed by Section 4.4.13()-I)(6). (5) The same development standards that apply to the front property line shall apply to the first sixty feet (60') of the building facing the side street property line. (6) Building frontage requirements for parking garages may be increased to a maximum 100% for all floors by the Site Plan Review and Appearance Board or the Historic Preservation Board subject to compliance with Section 4.6.18(B)(14)(vi)(4), Parking Garages. (7) The building setback requirements for portions of parking garages above twenty-five feet (25') may be waived by the Site Plan Review and Appearance Board or the Historic Preservation Board subject to compliance with Section 4.6.18(B)(14)(vi)(4), Parking Garages, and a minimum five (5) to maximum ten foot (10') setback for the portion of the building from finished grade to twenty-five feet (25') in height. (8) For sites with multiple buildings, the building immediately abutting the roadway(s) shall comply with the building frontage and setbacks in Table 4.4.13-1 and 4.4.13-2. (9) Building floors shall be setback in increments of twelve feet (12') to create a vertical stepped back appearance. 5 ORD. NO. 47-06 (' /,,\ (10) Building and site design shall incorporate Crime Prevention Through Environmental Design (CPTED) standards to the greatest extent possible (11) Each story shall not exceed 12' for three-story townhomes located in the area bounded by NE 3rd Street (to the south). NE 4th Street (to the north). NE 2nd Avenue (a/k/a Pineapple Grove Way) (to the east) and NE 1st Avenue (to the west) and the setbacks as noted from 'Finished grade to 25 feet' shall apply to the overall height of the building. Section 3. That Section 4.4.13(H), "Special Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (H) Special Regulations: (1) The sale of second hand material, other than verifiable antiques, shall not be allowed within businesses nor on properties which have an entry from and/or windows along andlor frontage on Adantic Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way) between East Adantic Avenue and N.E. 4th Street. (2) The sale of automotive parts, firearms, and lawn care equipment, shall not be allowed within the West Adantic Neighborhood nor within businesses or on properties which have an entry from and/or windows along andlor frontage on East Adantic Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way) between East Adantic Avenue and N.E. 4th Street. (3) The picking-up, dropping-off, or otherwise transporting workers, assigned through an employment agency, from an assembly point in the CBD to the work site is prohibited, except within the West Adantic Avenue Neighborhood area provided the structure involved does not have an entrance from and/or windows facing West Adantic Avenue. (4) Within the West Adantic Neighborhood, all permitted uses with drive-through facilities shall require conditional use approval. (5) Minimum floor area for multi-family residential dwelling units shall be as established for the Medium Density Residential (RM) zoning district in Section 4.3.4(K). (6) Multi-family dwelling units may be located in structures that are comprised of residential units only or in mixed-use buildings that contain a combination of residential and non- residential uses. However, where residential uses are located in structures having frontage on Adantic Avenue, NW /SW 5th Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way), there must be non-residential uses fronting the Avenue on the ground floor. In lieu of providing non- residential uses fronting the west side of N.E. 2nd Avenue between N.E. 3rd Street and N.E. 4th 6 ORD. NO. 47-06 (" /,\ Street (hereinafter referred to as the exception area). the developer may elect to provide a building and property fronting on N.E. 2nd Avenue at the intersection of N.E. 3rd Street and N.E. 2nd A venue which shall be conveyed to the City for Community Facility purposes and dedicate an area for Open Space in the northeast comer at the intersection of N.E. 2nd Avenue and N.E. 4th Street. The purpose of the alternative is to encourage pedestrian travel. promotion of the Arts. the provision of needed Open Space. encouraging public art and to provide space for an entry way feature. all of which is in keeping with the vision for Pineapple Grove. If the developer chooses the alternative in the exception area instead of providing non-residential uses. he must submit a developer's agreement containing terms acceptable to the City at the time of application of a building permit. (7) The rental of sporting goods and equipment shall be limited to no more than one business renting a specific category of item (i.e. bicycles, skates, etc.) every 300 feet measured in a straight line from door to door, and any outdoor displays are subject to the restrictions set forth in Section 4.6.6(C)(3). (8) 24-Hours or late night businesses as defined herein must be processed as a conditional use and are subject to the provisions of Section 4.3.3(VV) Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. '2..~ PASS~~I:'_~DOPTED in regular session on second and final r..ding on this the ~ day of ~a ~ ,2006. ~O?~ ATTEST ~~_ ~ \J~~ :~ ::t~::~g ~~ Second Readin \ ~ ~ D\.p 7 ORD. NO. 47-06 FROM: DAVID T. HARD NI,CITY MANA\~ER ~ IN, AI Dllifc'T~ OF PLANNING AND ZONING MARK MCDONNELL, AICP, ASSISTANT PLANNING DIRECTOR MEETING OF OCTOBER 3, 2006 PRIVATELY INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATION (LDR) SECTION 4.4.13 (F)(3) TABLE 4.4.13-2 TO EXEMPT SINGLE USE, THREE-STORY TOWNHOUSES FROM THE BUILDING SETBACK REQUIREMENT FOR HEIGHTS BETWEEN 25 AND 48 FEET; SECTION 4.4.13(F)(3), TABLE 4.4.13-2, FOOTNOTE 4, AND LDR SECTION 4.4.13(H)(6) TO PROVIDE AN ALTERNATIVE TO THE REQUIREMENT THAT BUILDINGS BE DESIGNED WITH NON-RESIDENTIAL USES ON THE FIRST FLOOR ALONG THE WEST SIDE OF PINEAPPLE GROVE WAY BETWEEN NE 3RD AND NE 4TH STREETS. TO: THRU: SUBJECT: The amendment relates to setbacks, and also to use provisions for CBD-zoned property along the west side of Pineapple Grove Way/NE 2nd Avenue between NE 3rd and NE 4th Streets. Current regulations require structures with residential uses along Pineapple Grove Way to have non-residential uses on the ground floor. This amendment, specific to single use townhouse developments, would eliminate this requirement along the west side of Pineapple Grove Way between 3rd and 4th Streets. The amendment would also eliminate the requirement for an additional 17 to 29-foot setback (maximum of 70% of the building frontage, and remaining building length, respectively) for the third floor to a height of 36 feet, thereby allowing it to be at the same 5 to 10 foot front setback applied to the 15t and 2nd floors. This setback provision would allow the construction of three story town homes without the significant reduction to the third floor square footage. At the City Commission meeting of September 5,2006, the ordinance passed on first reading by a vote of 3-0. On September 18 (the day before second reading of the ordinance was scheduled), the Mayor and staff met with the applicant. A compromise was reached to eliminate the northeastern and modify the southe~tern townhouse units within the overall development. In place of the northeastern townhouse unit, an agreement was made to design an open space area to be incorporated into a future gateway feature (Le., open space, benches, etc.). The southeastern townhouse unit would be retrofitted to accommodate community facilities/art studio facilities and would be conveyed to the City. At the City Commission meeting of September 19, 2006, this revised ordinance was considered at first reading and approved by a vote of 4-0. Second reading of the modified ordinance is now before you. \\). f\ City Commission October 3, 2006 LOR text amendment: Pineapple Grove Way-Non residential ground floor; setbacks for upper floor town homes Page 2 At its meeting of August 21, 2006, the Planning and Zoning Board held a public hearing in conjunction with the text amendment. The Board discussed the amendments at length, including recommendations by staff that the amendments be supported subject to provisions that included an increased front building setback, a minimum building to building separation requirement, and a maximum permitted building length, similar to townhouse regulations outside the CBD zone district. The Board voted 4-1 (Zacks voted no; Gary Eliopoulos recused himself; Johnny Kincaide was absent) without conditions to recommend approval of the text amendment request to eliminate the non-residential ground floor requirement and to eliminate the additional setback of 17 to 29 feet above a height of 25 feet for three-story townhouse units, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). By motion, move to approve on second reading the amendment to Land Development Regulations Section 4.4.13(F)(3) Table 4.4.13-2, Table 4.4.13-2 Footnote 4, and Section 4.9.13(H)(6) of the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachments . Proposed Ordinance . Planning & Zoning Staff Report of August 21, 2006 ORDINANCE NO. 47-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING SECTION 4.4. 13 (F)(3), "BUILDING FRONTAGE AND FRONT SETBACKS", IN ORDER TO ADmST SETBACKS AND SECTION 4.4. 13 (H), "SPECIAL REGULATIONS", PROVIDING AN ALTERNATIVE TO THE NONRESIDENTIAL REQUIREMENTS FOR FIRST FLOORS BETWEEN NE 3RD STREET AND NE 4111 STREET ON THE WEST SIDE OF NE 2ND AVENUE, UPON THE PROVIDING OF CERTAIN COMMUNITY FACILITY SPACE AND OPEN SPACE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Pineapple Grove Area has been developed with the goal to attract artists and the creative classes to the City of Delray Beach as a whole and to the Pineapple Grove area in particular; and WHEREAS, non-residential requirements on the first floor are deemed not necessary for the area west of N.E. 2nd Avenue between N.E. 3rd Street and N.E. 4th Avenue, if certain open space and community space is provided to attract art, artists and pedestrians to the area; 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 August 21, 2006 and voted 4 to 1 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; and WHEREAS, the City Commission 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 DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.13(F)(3), "Building Frontage and Front Setbacks", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (3) Buildina Frontaae and Front Setbacks: (a) The building frontage for an interior lot is the portion of the lot abutting the primary street minus the required side setbacks. (b) The building frontage for the primary street side of a corner lot is the portion of the lot abutting the primary street minus the required side setbacks. (c) The building frontage for the secondary street side of a corner lot is the portion of the lot abutting the secondary street minus the required front and rear setbacks. RO.W. ~ o ex: ~ o ex: ROW. Figure 4.4.13-5 - Building Frontage RO.W. (d) Building frontage is expressed in percentages and may vary from floor to floor. (e) Frontage and setbacks shall be taken from the property line, or if a dedication is required, from the resulting property line after dedication. 2 ORD. NO. 47-06 (f) Building frontage and setbacks for properties fronting on Atlantic Avenue or A-1- A shall comply with Table 4.4.13-1. (g) The front setback area for buildings fronting on Atlantic Avenue shall be paved with paving materials to match the existing sidewalks within the Atlantic Avenue right-of-way. (h) For corner lots with Atlantic Avenue side street frontage, the first sixty feet (60') of the building, taken from the Atlantic Avenue property line, or if a dedication is required, from the resulting property line after dedication shall comply with Table 4.4.13-1. (i) Building frontage and setbacks for properties fronting on streets other than Atlantic Avenue or A-1-A shall comply with Table 4.4.13-2. West Atlantic 70%/90% 0' 70%/90% 5' minI Neighborhood Finished grade 10'max (WAN) and to 37' Remaining length 24'min Remaining length 17' minI Beach Area 22' max (BA)'4) 50% max 12' 50% max 17' min 37' to 48' Remaining length 24' min Remaining length 29'min 70%/90% 5' min or Finished grade 10' max to 25' Remaining length 17'minor 22' max Central Core NIA 70% max 17' min (CC){4) 25' to 37' Remaining length 29' min 50% max 29' min 37' to 48' Remainin len th 41' min 48' and above 100% max 41' min Notes to above Table are located after Table 4.4.13-2. 3 ORD. NO. 47-06 5' mini Finished grade to 25' 70%/90% 10' max 17'minl Remainin len th 22' max Other Right- of-ways 25' to 48' 50% max 17' min Remainin len th 29'min 48' and above 100% 41'min 5' mini Finished grade to 25' 70%/90% 10' max Pineapple 17'minl Grove Way (4) Remainin len th 22' max 25' to 37' !ill 70% max 17' min Remainin len th 29' min 37' to 48' !ill 50% max 29'min Remainin len th 41'min 48' and above 100% 41' min 70%/80% (3) 15' min(3) Finished grade to 25' 70%/80%(4) 10' min(4) 27' min(3) Remainin len th 22' min(4) NE and SE 5th and NE and SE 6th 15' min(3) Avenues 25' to 37' 70% max 10' min(4) Remainin len th 27' min 37' and above 50% max 34'min Remainin len th 39'min 5' mini Finished grade to 25' 70%/90% 10' max NW and SW 5th 17'minl Avenues(41 Remainin len th 22' max 25' to 37' 70% max 17' min Remainin len th 29'min 37' to 48' 50% max 29'min Remainin len th 41' min Notes to Tables 4.4.13-1 and 4.4.13-2: 4 ORD. NO. 47-06 (1) Lots of record with a width less than fifty feet (50') shall be exempted from the building frontage requirements provided a minimum five (5) to maximum ten foot (10') setback be provided for the portion of the building from fmished grade to twenty-five (25') in height and a minimum seventeen foot (17') setback is provided above a height of twenty-five feet (25'). (2) The applicable development regulations for arcades. Arcades shall have a minimum width of twelve feet (12'), inclusive of columns or pilasters up to a maximum width of two feet (2'). (3) Residential occupancy of the ground floor and primary entrances shall be oriented towards NE and SE 5th or NE and SE 6th Avenues. (4) Mixed-useINon-residential occupancy on the ground floor except that area between NE 3rd Street and NE 4th Street on the west side ofNE 2nd Avenue (alk/a Pineapple Grove Way) which shall be governed by Section 4.4. 13(H)(6). (5) The same development standards that apply to the front property line shall apply to the first sixty feet (60') of the building facing the side street property line. (6) Building frontage requirements for parking garages may be increased to a maximum 100% for all floors by the Site Plan Review and Appearance Board or the Historic Preservation Board subject to compliance with Section 4.6.l8(B)(14)(vi)(4), Parking Garages. (7) The building setback requirements for portions of parking garages above twenty-five feet (25') may be waived by the Site Plan Review and Appearance Board or the Historic Preservation Board subject to compliance with Section 4.6. 18(B)(14)(vi)(4), Parking Garages, and a minimum five (5) to maximum ten foot (10') setback for the portion of the building from finished grade to twenty-five feet (25') in height. (8) For sites with multiple buildings, the building immediately abutting the roadway(s) shall comply with the building frontage and setbacks in Table 4.4.13-1 and 4.4.13-2. (9) Building floors shall be setback in increments of twelve feet (12') to create a vertical stepped back appearance. (10) Building and site design shall incorporate Crime Prevention Through Environmental Design (CPTED) standards to the greatest extent possible (11) Each stOry shall not exceed 12' for three-story townhomes located in the area bounded by NE 3rd Street (to the south), NE 4th Street (to the north), NE 2nd Avenue (alk/a Pineapple Grove 5 ORD. NO. 47-06 Way) (to the east) and NE 1st Avenue (to the west) and the setbacks as noted from 'Finished grade to 25 feet' shall apply to the overall height of the building. Section 3. That Section 4.4.13(H), "Special Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (H) Special Regulations: (1) The sale of second hand material, other than verifiable antiques, shall not be allowed within businesses nor on properties which have an entry from and/or windows along and/or frontage on Atlantic Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way) between East Atlantic Avenue and N.E. 4th Street. (2) The sale of automotive parts, firearms, and lawn care equipment, shall not be allowed within the West Atlantic Neighborhood nor within businesses or on properties which have an entry from and/or windows along and/or frontage on East Atlantic Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way) between East Atlantic A venue and N.E. 4th Street. (3) The picking-up, dropping-off, or otherwise transporting workers, assigned through an employment agency, from an assembly point in the CBD to the work site is prohibited, except within the West Atlantic Avenue Neighborhood area provided the structure involved does not have an entrance from and/or windows facing West Atlantic Avenue. (4) Within the West Atlantic Neighborhood, all permitted uses with drive-through facilities shall require conditional use approval. (5) Minimum floor area for multi-family residential dwelling units shall be as established for the Medium Density Residential (RM) zoning district in Section 4.3.4(K). (6) Multi-family dwelling units may be located in structures that are comprised of residential units only or in mixed-use buildings that contain a combination of residential and non-residential uses. However, where residential uses are located in structures having frontage on Atlantic Avenue, NW/SW 5th Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way), there must be non-residential uses fronting the Avenue on the ground floor. In lieu of providing non-residential uses fronting the west side ofN.E. 2nd Avenue between N.R 3rd Street and N.E. 4th Street (hereinafter referred to as the exception area), the developer may elect to provide a building and property fronting on N.E. 2nd Avenue at the intersection of N.R 3rd Street and N.E. 2nd Avenue which shall be conveyed to the City for Community Facility purposes and dedicate an area for Open Space in the northeast comer at the intersection of N.E. 2nd Avenue and 6 ORD. NO. 47-06 N.R 4th Street. The purpose of the alternative is to encourage pedestrian travel. promotion of the Arts, the provision of needed Open Space, encouraging public art and to provide space for an entry way feature, all of which is in keeping with the vision for Pineapple Grove. If the developer chooses the alternative in the exception area instead of providing non-residential uses, he must submit a developer's agreement containing terms acceptable to the City at the time of application of a building permit. (7) The rental of sporting goods and equipment shall be limited to no more than one business renting a specific category of item (i.e. bicycles, skates, etc.) every 300 feet measured in a straight line from door to door, and any outdoor displays are subject to the restrictions set forth in Section 4.6.6(C)(3). (8) 24-Hours or late night businesses as defined herein must be processed as a conditional use and are subject to the provisions of Section 4.3.3(VV) Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 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 , 2006. ATTEST MAYOR City Clerk First Reading Second Reading 7 ORD. NO. 47-06 MEETING DATE: AGENDA NO.: AGENDA ITEM: AUGUST 21, 2006 V.C. PRIVATELY INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATION (LOR) SECTION 4.4.13 (F)(3) TABLE 4.4.13-2 TO EXEMPT SINGLE USE, THREE-STORY TOWNHOUSES FROM THE BUILDING SETBACK REQUIREMENT FOR HEIGHTS BETWEEN 25 AND 48 FEET; SECTION 4.4.13(F)(3), TABLE 4.4.13-2, FOOTNOTE 4, AND LOR SECTION 4.9.13(H)(6) TO ELIMINATE THE REQUIREMENT THAT MIXED USE BUILDINGS BE DESIGNED WITH NON- RESIDENTIAL OCCUPANCY ON THE FIRST FLOOR ALONG THE WEST SIDE OF PINEAPPLE GROVE WAY BETWEEN NE 3RD AND NE 4TH STREETS. The item before the Board is that of making a recommendation to the City Commission regarding a privately initiated text amendment to lDR Sections 4.4.13(F) and (H) as detailed in the above caption. The amendment is necessary for the current design of a residential project recently submitted for City review. Pursuant to Section 1.1.6(A), an amendment to the land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. The proposed amendment is specific to an identified geographic location within the City. Those familiar with Delray Beach know the site as the former Publix and Post office (Block 73 formed between NE 2nd and NE 1st Avenues, and between NE 3rd and NE 4th Streets). The lDRs currently require buildings along Pineapple Grove Way (NE 2nd Avenue) to have non- residential uses located on the ground floor. In addition, the design guidelines allow two stories with front setbacks between 5' and 10' along NE 2nd Avenue and then require the 3rd floor to be further setback between 17' and 29'. The applicant is proposing a three story townhouse development without a non-residential component and without additional setbacks for the third floor. The applicant is proposing the two amendments to accommodate this project. Pursuant to lDR Section 2.4.5(M)(1), amendments to the land Development Regulations may be initiated by the City Commission, Planning and Zoning Board or City Administration; or an individual may request an amendment. The proposed amendment is a privately initiated text amendment to the land Development Regulations. The following is an excerpt from a justification narrative submitted by the applicant: . . . we are requesting that the following modification be applied to the setback regulations as set forth in the CBD design guidelines Section 4.4.13(F)(3) table 4.4.13-2 along Pineapple Grove Planning and Zoning Board Staff Report, August 21,2006 LOR Text Amendment - Setbacks and Uses along Pineapple Grove Way/Cannery Row Way to exempt "single use-three story townhouses" from the building frontage requirements from 25'-0" to 48'-0"... ...a 17'-0" to 29'-0" setback on the third floor of a 3-story fee-simple townhouse structure is not practical due to the size of a typical unit. A typical three story townhouse ranges in width from 20'-0" to 35'-0" and the depth ranges from 38'-0" to 45'-0': When the project is completed, the proposed fee simple townhouses will have lot widths of approximately 22'-0" which is much less than 50'-0" as stated in the code. Although these are not existing lots, it is consistent with the current design guideline requirement to exempt lots of record (which are less than 50 ft. wide) from this requirement. In addition, the project has been designed to be 1/3 less dense (88 vs. 134 units) than allowed with the height of the units averaging approximately 35'-0" instead of the allowable 48"-0" per the code... .. .the LDRs and Pineapple Grove Design Guidelines shall be modified with respect to the requirement of having to provide a commercial liner (non-residential use on ground floor) along NE ~d Avenue as per Section 4.4. 13(H)(6). Thus, Section 4.4.13(H)(6) shall be revised to exempt that portion of the project which will be located on the west side of NE ~d Avenue, between NE yet Street and NE 4th Street from having to provide non-residential uses along the ground floor... Analvsis The proposed amendment will essentially change two regulations in the current LORs: setback provisions and use provisions. Setbacks The current LORs require that as mixed use buildings in the CBO rise in height, certain percentages of the upper floors must be set back specific distances from the street. This regulation was adopted so that the perception of building mass along the street would be reduced to result in greater compatibility with adjacent structures, and to promote a more inviting pedestrian experience. The requirement for setbacks after two stores along Pineapple Grove Way was discussed at length during the creation of the design guidelines. This requirement related to maintaining appropriate relationships between street widths and adjacent building heights. It is noted the design guidelines are divided into six district areas, two of which allow three stories at the front setback before mandatory setbacks, and four of which require setbacks after two stories. The three stories sections are located on wider rights-of-way (VJest Atlantic Avenue and the Federal Highway pairs) and maintain a 3 to 1 (street width to building height) ratio while the two story sections are located on narrower streets (local roads, Pineapple Grove Way, NE/SE 5th Avenue, and the Central Core local streets) and maintain a 2 to 1 (street width to building height) ratio. It is generally accepted that ratios less than 2 to 1 promote perception issues relating to a feeling of canyonization. This request would approach a 1.3 to 1 ratio in areas where it would be allowed. While heights up to 35' are available in other residential districts, on local roads, far greater front setbacks apply (Le. 25') thereby maintaining appropriate street width to building height ratios. This amendment creates some concerns in this respect particularly given the reduced front setbacks of 5' to 10' maximum. On a positive side, the amendment as proposed is limited to one side of one block of Pineapple Grove Way. An additional concern is the adjacency of the OSSHAO historic district located to the west of the subject block. This district has a maximum permitted height of 35' which would be impacted with buildings 36' tall with no setbacks to the upper floors on the subject site. However, the 2 Planning and Zoning Board Staff Report, August 21, 2006 LOR Text Amendment - Setbacks and Uses along Pineapple Grove Way/Cannery Row amendment as proposed would only apply to three story townhouses which could achieve a maximum height of 36' with the addition of a sloping roof. All other development residential (non townhouses) or non-residential would be subject to the existing mandatory upper floor setbacks. The existing structures in OSSHAD are predominantly single-story, with some 1-1/2 to 2 stories with the objective to preserve these existing structures. Building setbacks increased from the current 5' minimum and 10' maximum should be considered to compensate for the massing by allowing for additional landscaping to buffer the buildings. Another suggestion is to require breaks in the buildings by requiring maximum building lengths and minimum separations. These will be considered during the site development review process. Non-Residential Use on Ground Floor The current LDRs require that structures with residential uses along Pineapple Grove Way have non-residential uses on the ground floor. The applicant believes the elimination of this non- residential use would result in a better transition between commercial uses south of NE 3rd Street and residential uses north of NE 4th Street (Lake Ida Road). The Neiqhborhood Plan for 'Main Street' in the Grove includes the following specific statements regarding land uses along Pineapple Grove Way: In the Neiqhborhood Improvement section of the Plan, it states Pineapple Grove Way is a commercial corridor. The Plan proposes to emphasize the pedestrian use of the corridor and calm the flow of traffic. In the Zonino-Proposed Modifications section of the Plan, it states Amend (H) Special Regulations( 4) to read: Multi-family dwelling units may be located in structures that are comprised of residential units only or in mixed-use buildings that contain a combination of residential and non-residential uses. However. where residential uses are located in structures having frontage along Atlantic A venue or Pineapple Grove Way. there must be nonresidential uses fronting the A venue or Pineapple Grove Way on the ground floor. In the Residential Mixed-Use Development section of the Plan, it states that PGMS is an avid proponent of mix-use, residentia/-above-commercial development in Downtown Delray Beach. A number of opportunities are present in the Program Area for new infill development, adaptive reuse projects, and additions to existing properties. Investors should be encouraged in every practicable way to pursue these opportunities. Analvsis The Neiohborhood Plan for 'Main Street' in the Grove included the recommendation to amend the LDRs to require non-residential uses on the ground floor for structures that included residential uses. The LDRs were amended in response to this recommendation. The proposed amendment is inconsistent with this Plan recommendation. Although inconsistent with the Plan, significant discussion was had with the Pineapple Grove Main Street organization over the merits and benefits of a proposal to this reduced density and intensity and the transitional benefits of multi-family development between commercial to the south and single-family residential to the north. Given these benefits and the limited nature of the amendment, the Board unanimously recommended approval of this amendment. While this 3 Planning and Zoning Board Staff Report, August 21, 2006 lDR Text Amendment - Setbacks and Uses along Pineapple Grove Way/Cannery Row amendment does not assure construction of any specific project, a repeal of this amendment remains possible if this project is not constructed. LOR Section 2.4.5(M)(5) (Findinas): Pursuant to LOR Section 2.4.5(M)(5) (Findings), in addition to LOR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no applicable goals, objectives or policies noted. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. The Pineapple Grove Main Street committee on August 7,2006 supported this amendment and potential expansion to include the properties on the east side of Pineapple Grove Way to also not be required to have retail on the ground floor north of 3rd Street. No retail would be required, and the existing retail would be allowed to continue and would not be made non-conforming The Community Redevelopment Agency reviewed and unanimously recommended approval of the text amendments on August 10, 2006. The Downtown Development Authority reviewed and unanimously recommended approval of the text amendments on August 14, 2006. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: · Progressive Residents of Delray (PROD) · President's Council · Chamber of Commerce · Neighborhood Advisory Council letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. While the amendments present concerns to staff, it is reasonable to conclude that allowing a stand alone townhouse development without non-residential uses on the ground floor may be an appropriate transition from the active Pineapple Grove pedestrian activity areas to the predominantly residential neighborhood located north of NE 4th Street/lake Ida Road. The elimination of the current set back provisions for upper floors presents concerns, and while no flat objection is raised, it is recommended that a more comprehensive review of the Downtown Design Guidelines be conducted throughout the CBD to ensure the amendment will be appropriate not only on the subject block, but for other possible areas to consider such amendments. 4 Planning and Zoning Board Staff Report, August 21, 2006 LOR Text Amendment - Setbacks and Uses along Pineapple Grove Way/Cannery Row A. Postpone with direction. B. Move a recommendation of approval to the City Commission for the text amendment to amend LOR Section 4.4.13(F)(3) Table 4.4.13-2 to exempt single use, three-story townhouses from the building set back requirement for heights between 25 and 48 feet, to amend LOR Section 4.4.13(F)(3), Table 4.4.13-2, footnote 4, and LOR Section 4.4.13(H)(6) to eliminate the requirement that mixed use buildings be designed with non-residential occupancy on the ground floor on the west side of Pineapple Grove Way between NE 3rd Street and NE 4th Street, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LOR Section 2.4.5(M)(5). C. Move a recommendation of denial to the City Commission for the text amendment to amend LOR Section 4.4.13(F)(3) Table 4.4.13-2 to exempt single use, three-story townhouses from the building set back requirement for heights between 25 and 48 feet, to amend LOR Section 4.4.13(F)(3), Table 4.4.13-2, footnote 4, and LOR Section 4.4.13(H)(6) to eliminate the requirement that mixed use buildings be designed with non-residential occupancy on the ground floor along the west side of Pineapple Grove Way between NE 3rd Street and NE 4th Street, based on a failure to make positive findings as the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LOR Section 2.4.5(M)(5). Move a recommendation of approval to the City Commission for the text amendment to amend LOR Section 4.4.13(F)(3) Table 4.4.13-2 to exempt single use, three-story townhouses from the building set back requirement for heights between 25 and 48 feet, to amend LOR Section 4.4.13(F)(3), Table 4.4.13-2, footnote 4, and LOR Section 4.4.13(H)(6) to eliminate the requirement that mixed use buildings be designed with non-residential occupancy on the ground floor on the west side of Pineapple Grove Way between NE 3rd Street and NE 4th Street, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LOR Section 2.4.5(M)(5). Attachments: . Proposed LOR amendment . Applicant's Justification Statement . Location map 5 ': ',~',:>;'oi'ii(;L', wWW~~Ws'cOm:';i~,Ratllt1lDelraYBellGfi:~~flIYJatorifaYt~;,~~~~~l9'