Ord 06-07
n
ORDINANCE NO. 6-07
AN ORDINANCE OF 1HE OlY COMMISSION OF TIlE OlY OF
DELRAY BEAa-J, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE OlY OF DELRAY
BEAG! BY AMENDING GIAPTER FOUR, "ZONING
REGULATIONS", SECTION 4.4.13, "CENIRAL BUSINESS (CBD)
DISTRICT", SUBSECTION (F), "DEVELOPMENT STANDARDS", IN
ORDER TO PROVIDE UPDAlED DESIGN GUIDEliNES FOR THE .
CENIRAL BUSINESS DISTRICT; PROVIDING A SAVINGS ClAUSE,
A GENERAL REPEALER a..AUSE AND AN EFFECTIVE DAlE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed
text amendment at a public hearing held on February 12, 2007 and voted 7 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 detennined that the change is consistent with and furthers the goals, objectives and
policies of the Comprehensive Plan; and
WHEREAS, the Gty Commission of the Gty of Delray Beach adopts the findings in the Planning and
Zoning Staff Report; and
WHEREAS, the Gty Commission of the Gty of Delray Beach finds the ordinance is consistent with
the O:>mprehensive Plan; and
WHEREAS, the Gty O:>mmission of the Gty of Delray Beach, Florida, desires to provide updated,
easy to use design guideline regulations for the Central Business District.
NOW, TIlEREFORE, BE IT ORDAINED BY 1HE OlY COMMISSION OF 1HE OlY OF
DELRA Y BEAa-J, FLORIDA, AS FOLLOWS:
Section 1. That Section 4.4.13(F), "Development Standards", Subsections (1), "Height", (2), "Open
Spaces", and (3), "Building Frontage and Setbacks", of the Land Development Regulations of the Gty of
Delray Beach, Florida, shall hereby be amended to read as follows:
(F) Development Standards: The development standards set forth in Section 4.3.4 shall
apply, except as modified below. In case of conflict with other applicable development regulations, this
Section shall apply.
(1) Height: The CBD is a geographic area in which exceptions to height
? 1
regulations are allowed pursuant to Section 4.3.40).
(a) Overall Height of buildings shall be a minimum of twenty-five feet (25')
and a maximum of forty-eight feet (48') in height. Exceptions to the
height limitations shall comply with Section 4.3.40)(3) and (4). For the
purposes of this section. height is defined as the vertical distance from
g.rade to the highest finished roof surface of a flat roof. or the soffit
above the last habitable floor of a gable. hip or gambrel roof.
(b) Arcade Height shall be a minimum ten feet (10'), measured from
finished arcade floor to finished arcade ceiling.
(c) Floor Height shall be a minimum of ten feet (10') for ground floors and
a minimum height of nine feet (9') for all other floors. HoteVMotel and
all suite lodging shall have a minimum floor height of eight feet six
inches (8'6") for all floors. provided that the lobby and all public rooms
shall have a minimum floor height of ten feet (10'). All heights shall be
measured from finished floor to finished ceiling. Auxiliary'and service
rooms, such as, garages, restrooms, closets, laundry rooms, dressing
rooms, storage rooms, mechanical, electrical, and plumbing equipment
rooms are exempted from the floor height regulations.
NOTE:1'IelGftT
RC6Ybt.'FleNS
~T
~
Al:J16UHW
AUf) SERVlef:
~
48 FT,
25 FT. MIN.
BUilDING
HEIGHT
Exemotions
to heillht are
orovided in
4.4. 13{F)( I )
( c) above.
9 FT. MIN.
10FT.
MIN,
Figure 4.4.13-4 - Building Height Requirements
2
ORD. NO. 6-07
~1
(2) Open Space: A minimum of 10% non-vehicular open space shall be provided;
however, within the area encompassed by the boundaries of the original Downtown Development
Authority as described in Section 8.2.2(B), and within those sections of the CBD zoning district located
within the Pineapple Grove Main Street area and east of the Intracoastal Waterway, there shall be no
minimum open space requirement. Notwithstanding the provisions of this section, the body acting
upon a development application within the CBD may require that open areas, including but not limited
to courtyards, plazas, and landscaped setbacks, be provided in order to add interest and provide relief
from the building mass.
(3) Building Frontage aad Fmat Setbaeks (Definitions and Applications):
(a) The building frontage for an interior lot is the portion of the lot abutting
the primary street minus the minimum 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 minimum
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 minimum
required front and rear setbacks.
s:
o
Ii
s:
o
ci
ROW.
RO.W.
ROW,
Figure 4.4.13-5 - Building Frontage
(d) BtHldmg frofltage is expressed iB. pereeatages and m&yvaryfrom floor to
fleer.
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ORD. NO. 6-07
~ I
, i
{e}ld). Frontage and setbacks shall be taken from the property line, or if a
dedication is required, from the resulting property line after dedication.
(f) Buildmg frofttage aBEl setbacks f-or propenies fronting OR ~~~tlantic
Avenue or f.. 1 ...A~ shall eemplywith Table ~.~.13 1.
(g) 1he froRt setback area f-or bWldings fronting on ....\clantic l\-.'enue shall
be pll'f'ed with pa...iag materials to matefl the eX:istiftg sidewalks withm
the Atlantic ...A~\'efl\:lC right of way.
W For comer lots with ...'\tkmtic ...A~YeRue side street frontage, the first sixty
f-eet (60') of the building, takeR from the .t\tlantic A-.'enue property line,
or if a dedieation is required, from the resulting property line after
dedication shall comply with Table ~. ~.13 1.
(it BuilcliBg frontage llfid setbacl6 for prope~ froatiag on streets other
than Athmtic Avenue or A 1 A shall comply with Table 4,4.13 2.
(4) Front Setbacks:
(a) The following minimum front setbacks shall apply in all districts:
1. For building.s with residential uses on ground floor: ten feet
.om.
2. For buildings with nonresidential uses on the ground floor: five
feet (5')
3. For arcaded buildings fronting on A-1-A or on Atlantic Avenue
within the West Atlantic and Beach Area districts: zero feet (0')
(b) In addition to Section 4.4.13(F)(4)(a) above. for buildings fronting on A-
I-A. Atlantic Avenue in the West Atlantic Neighborhood and Beach
Districts. and on NE and SE 5th and NE and SE 6th Avenues:
1. LOWER LEVELS - Ground floor to thirtr-seven feet (37'): A
minimum of seventy percent (70%) and a maximum of ninety
percent (90%) of the building frontage shall be set back no
greater than ten feet (10') from the prQpeny line. The remaining
leng.th of the building shall be setback a minimum of fifteen feet
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ORD. NO. 6-07
1 !
(15' from the property line.
2. UPPER LEVELS - above thirty-seven feet (37' to fony-eight
feet (48': At least seventy percent (70%) of the frontage shall be
set back a minimum of fifteen feet (15') from the propeI1;y line.
The remaining leng.th of the building shall comply with the
minimum required setbacks. The floor area for each floor
contained within the portion of the structure that is thirty-seven
feet (37') to forty-eight feet (48') in height shall not exceed
sevent;y percent (70%) of the floor area contained within the
allowable ground level footprint.
(c) In addition to Section 4.4.13(f)(4)(a). above. for buildings fronting on
other rights-of-way in the CBD:
1. LOWER LEVELS - Ground floor to twenty-five feet (25': A
minimum of sevent;y percent (70%) and a maximum of ninet;y
percent (90%) of the building frontage shall be set back no
greater than ten feet (10') from the property line. The remaining
length of the building shall be set back a minimum of fifteen feet
(15') from the property line.
2. UPPER LEVELS - above twenty-five feet (25') to fony-eight
feet (48': At least seventy percent (70%) of the frontag.e shall be
set back a minimum of fifteen feet (15') from the propeI1;y line.
The remaining leng.th of the building shall comply with the
minimum required setbacks. The floor area for each floor
contained within the portion of the structure that is twentr-five
feet (25') to forty-eight feet (48') in height shall not exceed
sevent;y percent (70%) of the floor area contained within the
allowable ground level footprint.
(d) In addition to Section 4.4.13 (f) (4) (a). above. where allowed:
1. UPPER LEVELS - above fony-eight feet (48'): At least ninet;y
percent (90%) of the frontage shall be set back a minimum of
thi.rty feet (;30' from the property line. The remaining length of
the bnilc1ing shall comply with the minimum required setbacks.
The floor area for each floor contained within the portion of the
structure that exceeds forty-eight feet (48') in height shall not
exceed fifty percent c;O%) of the floor area contained within the
allowable ground level footprint.
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ORD. NO. 6-07
11
(e) Exceptions:
1. Three (3) story town homes having residential uses on all three
levels are not required to comply with upper level frontage and
floor area requirements. Ground floor frontage and setback
requirements shall apply. Each st01:Y shall not exceed twelve feet
(12') in height.
2. Modifications to the frontage requirements may be permitted to
accommodate stair towers. elevator shafts. life and safetY
elements. other non-habitable elements of the structure. sight
visibility triangles. vehicular access ways. and utilities. In all
cases the modification shall be the minimum req.uired to
accommodate the necessary feature.
3. Lots of record with a width of fifty feet (50') or less shall be
exempted from the building frontage requirements provided a
minimum five foot (5') to maximum ten foot (10') setback is
provided for the ponion of the building from finished grade to
twentY-five feet (25') in height and a minimum fifteen foot (15')
setback is provided above a height of twenty-five feet (25') and
above forty-eight feet (48') a thirty foot (30') minimum setback
from the property line shall apply.
4. Modifications to the frontage requirements may be granted by
the Site Plan Review and Appearance board or the Historic
Preservation Board in order to accommodate pb7.::l~ that connect
the building to the sidewalk and promote social interaction by
offering one or more of the following: public seating areas.
sidewalk cafes. sculptures or other anwork for public display.
and similar features.
5. Parking garages. subject to minimum front and street side
setbacks of ten feet (10'). and a minimum setback of five feet (5')
from any alley right of way. Parking g.arages must comply with
the requirements of Section 4.6. 18(a) (14) (Vl) (4).
6. Modifications to the frontage requirements may be granted by
the Site Plan Review and Appearance Board or the Historic
Preservation Board in order to accommodate civic buildings
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ORD. NO. 6-07
~ ~
such as librnries. cultural facilities. municipal buildings, etc.
(f) Supplemental:
1. The front setback area shall be finished with paving materials to
match the existing or planned sidewalks within the adjacent
right-of-way.
2. Building and site design shall incorporate Oime Prevention
Through Environmental Design ((PlED) standards to the
greatest extent possible.
3. Arcades shall have a minimum width of ten feet (10'. inclusive
of columns or pilasters up to a maximum width of twO feet (2).
7
ORD. NO. 6-07
1 1
, I
Section 2.
That Tables 4.4.13-1 and 4.4.13-2 shall be repealed in their entirety.
TABLE 4.4.13-1
Buildings With Arcaded
Frontage(I)(2)(5)(6) (7)(8)(9)(10)
Sub Areas
Setback
(feet)
West Atlantic
Neighborhood
(WAN) and
Beach Area
(BA) (~)
0'
50% max
Remaining length
70%/
90%
Remaining length
37' to 48'
Finished grade
to 25'
Central Core
(~(~)
N/A
70% max
48' and above
100% max
Notes te aao"+'e Table are Im:ated after Table <1.<1.1J 2.
8
Setback
(feet)
5' mini
10'max
17'min/
22' max
17'min
29'min
5' minor
10'max
17' min or
22' max
17'min
29'min
29'min
41' min
ORD. NO. &-07
.? 1
Building Height (feet)
All Boo. S(IX5X6X7)(8X9XlO)
% Building Frontage (minI max)
TABLE 4.4.13-2
Other Right-of.
ways
50% max
Se ack
feet)
5' mini
10' max
17'min/
22' max
17'min
29'min
41' min
70%/90%
Finished grade to 25'
Remaining length
25' to 37'
s'min/
10'max
17' .
22'max
17'min
29'min
Pineapple Grove
Way (4)
50% max
29'min
37' to 48'
48' and above
Remaining length
100%
41' min
41'min
70%/80% (3)
70%/9O'Yo (4)
. . g length
lS'min(3)
10' min(4)
27' min!l)
22' min(4)
15' min(l)
10' min(4)
27'min
34'min
39'min
NE and SE 5th and
NE and SE 6th
Avenues
NWand SW 5th
Avenues(4)
Remaining length
25' to 37'
70% max
Remaining length
50% max
Remaining length
37' to 48'
9
ORD. NO. 6-07
Nates te Tables 4.4.13 1 aad 4.4.13 2:
(1) Lets of recofti with a width less than fif~ feet (50') sMD be exemptea {ram. the bWklieg fraRtage reqttiremefttS
provided a m.inim.t:tm fple (5) to HllWmum. tea f-eet (10') setback he pro'fides f-or the peMB of the httilding fram
fifHshed g-mde to tweaty five feet (25') ia height and a minimt:J:fB se'veftleen (-oot (17') setbllck ~ provided above a
height of tweaty five feet (25').
(2) 1ne applieable tk',-elepHleat fe~ fer llrea6eS. :\reaees shall htFle a minimt:J:fB v.~ of tv.'ehe feet (12'),
inclusive of celooms or pilastefS up to 11 m&imWB wiEkh of !:We feet (2').
(3) ReSideBOO OE:G1pllRq' on the grotiflEl fleer and primary entnHlees shall be eriemed t~ NE and SE 5"'-erNE
lHlEl SE €I. h..e_s.
(4) Mares HSe/NBOn resideatial occl:ipa:acy en the ye\HiEI fleer exeept that lH'e1l betv.'een NE 3..1 Street and NE 4.
Street on the -west side of NE 2...l /'.'lefwe fll/k/ a Pineapple CAYJe W~ which shall be gO"lemed i:ly Section
U.13(H)(€I).
(5) 1ne same development s~aRis that apf'ly to the ffORt preperty line shsll apply 00 the first sHay feet ((,0') ef the
b~ Kt:mg the side street prapeft}" line.
(6) BWlding (romage feqWreHleftl5 fer pa:rk!ng g~s IflllY be inerelt'>ea to a R'I8:lEimWll eRe hundred pereeftt (100%)
f-or all noOlS hy the Site PLm Re....iew aad Appear..nce Boanf or the Histerie PreSef'latien Bean! sooject to
eemplillnt:e -Mth SecaoR U. 18 (B) (14)(-..t) 4), Parking CaNgcs.
(7) The httilding setback re~tnefttS fer pertieB5 of packing gaNges abe-.'e twenty five feet (25') HlIlY he wai...ed hy
the Site Plan Review ti1d Appellmnee DoliHd or the Hisoorie Presetvetlon Dallal subject ta eamplieftee with SectloB
U.18(B) (14)(vi) 4), Parking C~s, H1d Il minimum five (5) to mltlfmmm ten f-oat (10') setback fer the POrtieR of
the bWlding from aoohea gNEk to t'i\'emy WIe feet (25') in height.
(~ For sites wiI:h mWciple buildings, the hWlding immediately ahlffiing the fOlldw9.y(s) shall. comply with the building
freRtage lHlEl setbaelr5 ia TaMe 1.4.13 1 and 1.4.13 2.
(9) Bttiletng fleOfS shall be setback in mcremefttS of twelve feet (12') te ereate a veraeal stepped hack appcll1.l8ee.
(10) Buildiag and site design shell iBeofilemre Ci.me Pre-leRaoR Through EWlironme8&l:l Design ECPTBD) sWldanls
to the greatest ElKteftt pessiMe.
(11) Eaeh story shall Rot exceed 12' for three st-ery rownhemes leeared ill the area bol:lftEled by NE 3'" Street ~to the
south), NE 1. Street (to the BOrth), NE 2...l .'\veRtle (a/k/ a Pineapple Crave W~ (to the east) and NE I" AveBtle
(00 the west) and the setbacks It'> Reted frem 'Finished ~e to 25 feet' shall apply to the overall height of the
bttildffig.
Section 3. That Figure 4.4.13-6, 4.4.13-7, 4.4.13-8, 4.4.13-9, 4.4.13-10 and 4.4.13-11 of the Land
Development Regulations of the Gty of Delray Beach, Florida, shall hereby be repealed in their entirety.
10
ORD. NO. 6-07
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11
ORD. NO. 6-07
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ORD. NO. 6-07
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ORD. NO. 6-07
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14
ORD. NO. 6-07
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ORD, NO. 6-07
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ORD. NO. 6-07
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Section 4. That Sections 4.4.13 (F), "Development Standards", Subsections (4) "Side Interior
Setbacks", (5) "Side Street Building Frontage and Setbacks", and (6) "Rear Setbacks", of the Land Development
Regulations of the Oty of Delray Beach, Florida, shall hereby be amended to read as follows:
~ill Side Interior Setbacks for all buildings shall be as follows:
(a) Zero feet (0' from the property line if there is vehicular access available to the
rear of any structure, or
(b) Ten feet (10') from the property line where no vehicular access is available to
the rear of any structure. For a side interior lot, a ten foot (10') setback is
required only on one (1) side.
(c) Buildings shall also comply with Section 4.6.4(A). as applicable.
(St.(6). Side Street Building Frontage and Setbacks
(a)
Side street setbacks shall be taken from the property line, or if a dedication is
required, from the resulting property line after dedication.
(b)
Side street building frontage and setbacks shall comply with the applicable
roadway requirements in Tables 4.4.13-1 and 4.4.13-2.
(c)
For comer lots fronting OR A.tlantic ...'\veatle, Pineapple Crove Way, NE and SE
~'" Avenues, NE and SE 6'" l\'lenucs, or NW and SW 5'" Avenues, the same
dc'lelopmcnt standaRis that apply on l\tlmtic Avenue, Pia-eilpple Crove Way,
NE and SE 5th-- AVCRl:le, NE and SE bY Avenue, or :NW and SW 5'" ...^...venue,
shall apply to thc first sHay (bO) feet, taken from the .Atlentic ...\'l-enue, Pineapple
Cro';c Way, NE and SE 5'" h.'cnuc, NE and SE 6'" Aveauc, or NW and SW 5'"
Avenue, property line, or if a dedicatiofl i5 R:qutrcd, from the resulting propcny
line after dedication. Comer lots may continue primary frontage setbacks for a
distance of sixt;y feet (60') from the front propertr line or if a dedication is
required from the resulting propel'Y line after dedication.
17
ORD. NO. 6-07
SAME DEVELOPMENT
STANDAROS~ APPlY
TO THE FIRST 60 FT.
~
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II)
may
PRIMARY R.O.W.
Figure 4.4.13- U - Comer lots with MaRtie Avenue, Pinellpple Crove Way, NE/SE Stlt }..."Ienue, mISE (ttJo Awoue,
at" NW /SW IitJo A'lenHe frontage
wm Rear Setbacks for all building floors shall he 9. minimwn of ten feet (10') horn the
property line
(a) All building floors shall be a minimum of ten feet (10') from the property line.
(b) Buildings shall also comply with Section 4.6.4(A). as applicable.
(71.00 Structures Allowed Within Setback
(a) Balconies may encroach a maximum of four feet (4') into the setbacks.
(b) Loggias and Trellises above the ground floor are allowed to encroach into the
setbacks provided they do not exceed the required building setback of the
portion of the floor directly below it.
(c) Roof Eaves may encroach into the setbacks a maximum of four feet (4').
18
ORD. NO. 6-07
! !
OPEN TRELLISES AND
LOGGIAS 12 FT. MAX.
ROOF EAVES MAX. 4 FT.
>>>
BALCONIES 4 FT. MAX. >>>
+.
PROPERTY LINE
k
Figure 4.4.13-13 - Encroachments
Section 5. lhat 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.
hereby repealed.
That all ordinances or parts of ordinances in conflict herewith be, and the same are
19
ORD. NO. 6-07
f ~
Section 7. That this ordinance shall become effective immediately upon its passage on second and
final reading.
~~ASSED AND ADOPlED in regular ,es,inn on second and fmal reading on this ~daY of
~ ,2007. ~o, .~
First Readin
Second Reading
20
ORD. NO. 6-07
[IT' DF DELIA' BEA[H
DELRAY BEACH
F lOR I 0 "
~
All-America City
, III J!
CITY CLERK 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444
561/243-7000
1993
2001
CERTIFICATION
I, CHEVELLE D. NUBIN, CMC, City Clerk of the City of Delray
Beach, do hereby certify that the attached document is a true and correct
copy of Ordinance No. 6-07, as the same was passed and adopted by the
Delray Beach City Commission in regular session on the 5th day of March
2007.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 7th day of March,
2007.
~L~~'~
Chevelle D. Nubin, CMC
City Clerk
City of Delray Beach, Florida
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@ Printed on Recycled Paper
THE EFFORT ALWAYS MATTERS
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CIlY MANAGER ~
AGENDA ITEM # '0: [
ORDINANCE NO. 6-07
HEARING)
- REGULAR MEETING OF MARCH 5. 2007
(SECOND READING/SECOND PUBLIC
TO:
SUBJECT:
DATE:
MARCH 2, 2007
This ordinance is before Commission for second reading and second public hearing for a City
initiated amendment to the Land Development Regulations (LDR) Section 4.4.13, "Central Business
(CBD) District," Subsection (F), "Development Standards," relating to the Downtown Delray Beach
Design Guidelines.
At the first reading on February 20, 2007, the Commission passed Ordinance No. 6-07.
Recommend approval of Ordinance No. 6-07 on second and final reading.
S:\City Oerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 6-07 Amendment LDR Sec 4.4.13 Subsection F Development Standards 03.0S.07.doc
OF
&1
FROM:
DA~~D~ MANAGER
PAUL DORLlNG, AlccrolRECTOR OF PLANNING & ZONING
MEETING OF FEBRUARY 20, 2007
CONSIDERATION OF AMENDMENTS TO LAND DEVELOPMENT
REGULATIONS SECTION 4.4.13, "CENTRAL BUSINESS {CBD} DISTRICT,"
SUBSECTION (F), "DEVELOPMENT STANDARDS," RELATING TO THE
DOWNTOWN DELRAY BEACH DESIGN GUIDELINES
TO:
SUBJECT:
The item before the City Commission is approval of amendments to the Land Development
Regulations relating to the Downtown Delray Beach Design Guidelines, pursuant to LDR
Section 2.4.5(M).
Pursuant to LDR Section 1.1.6(A), the text of the LDR may from time to time be amended,
changed, supplemented, or repealed. No such action, however, shall be taken until a
recommendation is obtained from the Planning and Zoning Board and until a public hearing has
been held by the City Commission. Any such change shall be made by ordinance, pursuant to
procedures found in LDR Section 2.4.5(M).
At its meeting of March 19, 2002, the City Commission adopted the Downtown Delray Beach
Master Plan, to guide future development of the downtown business districts. To preserve the
unique characteristics of each area and ensure that building forms are of a character and scale
that reinforce the citizens' vision of a "City of urban amenities with a small town feeling", the
Master Plan called for the development and implementation of design guidelines for the
downtown area. These guidelines, developed by consultants Jaime Correa & Associates, the
Design Guidelines Subcommittee, community and industry stakeholders, and staff, were
adopted by the City Commission on May 4, 2004.
Although there have been a number of projects approved since the adoption of the design
guidelines, none of the projects have been constructed. It has been noted by the developers of
several of these projects that the impact of the design guidelines on construction costs has
made the projects economically infeasible. Local architects have also expressed concerns that
the guidelines are hindering design creativity and adding unnecessary costs to projects. In late
2006, the CRA and City staff participated in a series of meetings with local developers and
design professionals to review the guidelines and determine if changes were warranted. It was
determined that there were a number of problems that should be addressed. The proposed
changes to address these concerns are described in the analysis section below.
To summarize, the proposed revisions would do the following:
Minimum front setback on ground floor:
· 5' if ground floor is nonresidential.
· 10' if ground floor is residential.
. 0' for arcaded buildings on Atlantic Avenue in the West Atlantic and Beach areas, and on
A1A.
]().1)
City Commission Meeting of February 20, 2007
LOR Amendment to Downtown Delray Beach Design Guidelines
Frontage and other requirements:
. The Tables are being eliminated and the standards are described in paragraph form.
. In order to provide a pedestrian-friendly experience at the street level, we are maintaining the
minimum/maximum frontage requirements (the majority of the building has to be built within
10' of the property line). The remaining portion of the building has to be set back at least 15',
but there is no longer a maximum setback for that portion (you can go back as far as you
want).
. Where previously there were six (6) different standards depending on what street or what area
the property is located on, there are now only two. They are based on the typical width of the
road. On the wider streets (Atlantic Avenue west of Swinton Avenue and east of the ICWW,
the Federal Highway pairs, and A-1-A) buildings can go up to 37' (approximately 3 stories)
before a step-back along the frontage is required. On all other streets the step-back is
required after 25' (approximately 2 stories).
. On the upper levels (up to 48'), at least 70% of the building has to be set back (stepped back)
a minimum of 15' from the front property line. The rest of the upper level can be built at the
minimum front setback. In addition to the setback, the floor area of the upper floors can be no
greater than 70% of the allowable ground floor area. Beyond 48', 90% of the building has to
be stepped back 30' from the front property line, and the floor area can't exceed 50% of the
allowable ground floor footprint. The net effect is to allow some flexibility so that now up to
30% of the building can be at the minimum front setback (up to 48'), and 10% can be at the
minimum up to 60'. The trade off is a reduction in the floor area at the upper levels.
. There are some exceptions allowed to the frontage requirements in order to accommodate
features such as stair towers, elevator shafts, sight visibility triangles, utility easements,
driveways, etc. In all cases the exception granted must be the minimum necessary to
accommodate the feature. Exceptions are also permitted for public plazas and parking
garages. In addition, 3 story town homes are not required to step back the upper story
(however they will have to be set back a minimum of 10').
. Regarding the frontage requirements on corner properties, the primary frontage requirements
MAY be extended along the side street, but it is not required.
. The floor height for hotel/motels has been decreased to 8' 6" for all floors provided the lobby
and all public rooms have a minimum height of 10'. Currently, a 10' minimum height is
required for the ground floor and 9' for all other floors.
. Additional flexibility is added to allow modification of frontage requirements by SPRAB to
accommodate civic buildings such as libraries, cultural facilities, municipal buildings, etc.
. The definition of height has been modified in this section to encourage hip, gable and gambrel
roofs rather than flat or mansard roofs. This has been accomplished by refining how height is
measured to between grade and the soffit above the last habitable floor rather than from
grade to the mean level between the tie beams and the ridge for gable, hip, or gambrel roofs.
Prior to adoption of the amendments to the Design Guidelines several reviews have been
conducted with the local design community and the item has been presented to the following
reviewing boards, agencies and organizations:
West Atlantic Avenue Redevelopment Coalition:
The Board considered the changes early on in the modification process on January 10, 2007
and did not have any concerns.
2
City Commission Meeting of February 20, 2007
LOR Amendment to Downtown Delray Beach Design Guidelines
Pineapple Grove Main Street:
The Board considered the changes at their meeting of February 7, 2007 and recommended
approval.
Downtown Development Authoritv:
This Board considered the changes at their meeting of February 12, 2007 and they unanimously
recommended approval.
Community Redevelopment Aaencv:
The CRA considered the text amendments at its meeting of January 11, 2007. The Board
recommended approval.
The LOR amendment was considered by the Planning and Zoning Board at a special meeting
on February 12, 2007 and several local architects and developers spoke in favor of the
changes. This included comments that the proposed changes continued to meet the intent of
the original guidelines but would be easier to administer and provide greater design flexibility.
The Board discussed the Ordinance and recommended approval on a 7 to 0 vote by adopting
the findings of fact and law contained in the staff report and finding that the amendment is
consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the
Land Development Regulations.
By motion, approve on first reading Ordinance No. 6-07 containing amendments to the Land
Development Regulations Section 4.4,13 "Central Business District (CBD)", Subsection
(F)"Development Standards" relating to the Downtown Delray Beach Design Guidelines by
adopting the findings of fact and law contained in the staff report and finding that the
amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4.5(M) of the Land Development Regulations.
Attachments:
· Ordinance No. 6-07
· Planning & Zoning Staff Report of February 12, 2007
3
ORDINANCE NO. 6-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH BY AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", SECTION 4.4.13, "CENTRAL BUSINESS (CBD)
DISTRICT", SUBSECTION (F), "DEVELOPMENT STANDARDS",
IN ORDER TO PROVIDE UPDATED DESIGN GUIDELINES FOR
THE CENTRAL BUSINESS DISTRICT; PROVIDING A SAVINGS
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 February 12, 2007 and voted 7 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; 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; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to provide
updated, easy to use design guideline regulations for the Central Business District.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4.4.13(F), "Development Standards", Subsections (1), "Height", (2),
"Open Spaces", and (3), "Building Frontage and Setbacks", of the Land Development Regulations of the
City of Delray Beach, Florida, shall hereby be amended to read as follows:
(F) Develooment Standards: The development standards set forth in Section 4.3.4
shall apply, except as modified below. In case of conflict with other applicable development
regulations, this Section shall apply:
(1) Hei2ht: The CBD is a geographic area in which exceptions to height
regulations are allowed pursuant to Section 4.3.4(1).
(a) Overall Height of buildings shall be a minimum of twenty-five feet
(25') and a maximum of forty-eight feet (48') in height. Exceptions
to the height limitations shall comply with Section 4.3.4(J)(3) and
(4). For the purposes of this section, height is dermed as the
vertical distance from grade to the highest finished roof surface of a
flat roof, or the soffit above the last habitable floor of a gable. hip or
gambrel roof.
(b) Arcade Height shall be a minimum ten feet (10'), measured from
finished arcade floor to finished arcade ceiling.
(c) Floor Height shall be a minimum of ten feet (10') for ground floors
and a minimum height of nine feet (9') for all other floors.
Hotel/Motel and all suite lodging shall have a minimum floor height
of eight feet six inches (8'6") for all floors. provided that the lobby
and all public rooms shall have a minimum floor hei~ht of ten feet
il.Ql. All heights shall be measured from finished floor to finished
ceiling. Auxiliary and service rooms, such as, garages, restrooms,
closets, laundry rooms, dressing rooms, storage rooms, mechanical,
electrical, and plumbing equipment rooms are exempted from the
floor height regulations.
NOTE:~
RE6l:lJ:.!."Fl9NS
-9&H&T
~
AtJMtUAR' :
Ale 8ER.'~eE:
~
48FT.
25 FT. MIN.
BUILDING
HEIGHT
ExemDtions
to heilZht are
provided in
4.4.13(F)(I)
(c) above.
9 FT. MIN.
~
10FT.
MIN.
Figure 4.4.13-4 - Building Height Requirements
2
ORD. NO. 6--07
(2) aDen Sllace: A mlmmum of 10% non-vehicular open space shall be
provided; however, within the area encompassed by the boundaries of the original Downtown
Development Authority as described in Section 8.2.2(B), and within those sections of the CBD
zoning district located within the Pineapple Grove Main Street area and east of the Intracoastal
Waterway, there shall be no minimum open space requirement. Notwithstanding the provisions
of this section, the body acting upon a development application within the CBD may require that
open areas, including but not limited to courtyards, plazas, and landscaped setbacks, be provided
in order to add interest and provide relief from the building mass.
(3) BuiIdine Fronta~e aDd Front Sethaeks IDermitions and ApDlications):
(a) The building frontage for an interior lot is the portion of the lot
abutting the primary street minus the minimum 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 minimum
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
minimum required front and rear setbacks.
~
o
"
~
o
"
R.OW.
R.OW.
R.O.W.
Figure 4.4.13-5 - Building Frontage
(d) Bailding freRtage is expr-essed in Ilercefltages and may vary frem
floor to floor.
(ej..@ Frontage and setbacks shall be taken from the property line, or if a
dedication is required, from the resulting property line after
3
ORD. NO. 6-07
dedication.
(1) Building frontage and setbacks for properties frOlltiag all l\tlamic
A vem,u! or A 1 A shall comply 'lIith Table 4.4.13 1.
(g) The front setback area for 8uildiHgs frOllting on Atlaatic f. venue
shall be payed with paving materials to mateh tlle existing side~valks
withiR the Atlantic A veRue right of way .
AA For comer lots with .-\tlantic .^.venl:le side str-eet frontage, the first
sixty feet (60') of the bliilding, taken fram the f.t1antic AveRue
property lise, or if a dedication is required, from the reslilting
property liBe after dedication shall comply with Table 4.4.13 1.
~ Buildisg frontage and setbacks for properties fronting on streets
other them Atlantic A'/eBut'J or .-\ 1 f. shall comply with T~le
4.4.13 2.
(4) Front Setbacks:
(a) The following minimum front setbacks shall apply in all districts:
1. For buildings with residential uses on ground floor: ten feet
illD
2. For buildings with nonresidential uses on the ground floor:
five feet (5')
3. For arcaded buildings fronting on A-I-A or on Atlantic
A venue within the West Atlantic and Beach Area districts:
zero feet (0')
(b) In addition to Section 4.4. 13(F)(4)(a) above. for buildings fronting
on A-I-A. Atlantic Avenue in the West Atlantic Neighborhood and
Beach Districts. and on NE and SE 5th and NE and SE 6th Avenues:
1. LOWER LEVELS - Ground floor to thirty-seven feet (37'):
A minimum of seventy oercent (70 %) and a maximum of
ninety percent (90 %) of the building frontage shall be set
back no greater than ten feet (10') from the property line.
The remaining length of the building shall be setback a
4
ORD. NO. 6-07
minimum of fifteen feet (15') from the property line.
2. UPPER LEVELS - above thirty-seven feet (37') to forty-
eight feet (48'): At least seventy percent (70%) of the
frontage shall be set back a minimum of fifteen feet OS')
from the property line. The remainin~ length of the building
shall comply with the minimum required setbacks. The floor
area for each floor contained within the portion of the
structure that is thirty-seven feet (37') to forty-eight feet
(48') in height shall not exceed seventy percent (70%) of the
floor area contained within the allowable ground level
footprint.
(c) In addition to Section 4.4.13(F)(4)(a). above. for buildings fronting
on other rights-of-way in the caD:
1. LOWER LEVELS - Ground floor to twenty-five feet (25'):
A minimum of seventy percent (70 %) and a maximum of
ninety percent (90 %) of the building frontage shall be set
back no greater than ten feet 00') from the property line.
The remaining length of the building shall be set back a
minimum of fifteen feet (15') from the oroperty line.
2. UPPER LEVELS - above twenty-five feet (25') to forty-
eight feet (48'): At least seventy percent (70%) of the
frontage shall be set back a minimum of fifteen feet (15')
from the property line. The remaining length of the building
shall comply with the minimum required setbacks. The floor
area for each floor contained within the portion of the
structure that is twenty-five feet (25') to forty-eight feet (48')
in height shall not exceed seventy percent (70 %) of the floor
area contained within the allowable ground level footprint.
(d) In addition to Section 4.4.13(F)(4)(a). above. where allowed:
1. UPPER LEVELS - above fortv-eight feet (48'): At least
ninety oercent (90%) of the frontage shall be set back a
minimum of thirty feet (30') from the property line. The
remaining length of the building shall comply with the
minimum required setbacks. The floor area for each floor
contained within of the portion of the structure that exceeds
forty-eight feet (48') in height shall not exceed fifty percent
(50%) of the floor area contained within the allowable
ground level footprint.
5
ORD. NO. 6-07
(e) Exceotions:
1. Three (3) stOry town homes havin~ residential uses on all
three levels are not required to complY with upper level
frontage and floor area requirements. Ground floor frontage
and setback reQuirements shall apply. Each stOry shall not
exceed twelve feet (12') in height.
2. Modifications to the frontage requirements may be oermitted
to accommodate stair towers. elevator shafts. life and safety
elements. other non-habitable elements of the structure. sight
visibility triangles. vehicular access ways. and utilities. In
all cases the modification shall be the minimum required to
accommodate the necessary feature.
3. Lots of record with a width of fifty feet (50') or less shall be
exempted from the building frontage requirements provided a
minimum five foot (5') to maximum ten foot (10') setback is
provided for the portion of the building from finished grade
to twenty-five feet (25') in height and a minimum fifteen foot
05') setback is orovided above a height of twenty-five feet
(25') and above forty-eight feet (48') a thirty foot (30')
minimum setback from the property line shall apply.
4. Modifications to the frontage reQuirements may be granted
by the Site Plan Review and Appearance board or the
Historic Preservation Board in order to accommodate plazas
that connect the building to the sidewalk and promote social
interaction bv offering one or more of the following: public
seating areas. sidewalk cafes. sculptures or other artwork for
public display. and similar features.
5. Parking garages. subiect to minimum front and street side
setbacks of ten feet 00'). and a minimum setback of five feet
(5') from any alley right of way. Parking garages must
comply with the reQuirements of Section
4.6. 18(B)(14)(vi)(4).
6. Modifications to the frontage requirements may be granted
by the Site Plan Review and Appearance Board or the
Historic Preservation Board in order to accommodate civic
buildings such as libraries. cultural facilities. municipal
6
ORD. NO. 6-07
buildings. etc.
(t) Supplemental:
1. The front setback area shall be finished with pavin2 materials
to match the existing or planned sidewalks within the
adiacent right-or-way.
2. Building and site design shall incorporate Crime Prevention
Through Environmental Desig.n (CPTED) standards to the
greatest extent possible.
3. Arcades shall have a minimum width of ten feet (10').
inclusive of columns or pilasters up to a maximum width of
two feet (2').
Section 2.
That Tables 4.4.13-1 and 4.4.13-2 shall be repealed in their entirety.
TABLE 4.4.13-1
Buildings With Arcaded
Frontage(I)(2)(S)(6) (7)(8)(9)(10)
Sub Areas
West Atlantic
Neighborhood
(WAN) and
Beach Area
(BA) (4)
% Building
Frontage
(minimax)
70% I
90%
aining length
0'
Setback
(feet)
37' to 48'
50% max
Remaining length
70% I
90%
Remaining length
Finished grade
to 25'
Central Core
(CC)(4)
N/A
37' to 48'
48' and above
100% max
7
Setback
(feet)
5' mini
10'max
l7'minl
22' max
17' min
29' min
5' min or
10' max
17' min or
22' max
17' min
29' min
ORD. NO. 6-07
Nates ta ahave Tahle are leeated after Tahle 4.4.1J 1.
8
ORn. NO. 6"()7
Notes te Tables 4.4.1J 1 aBd 4.4.U 2:
(1) Lats af reeefd \Vim a widm less tbaB Rft)' feet (5Q') shall be exempted frsm me huiJdiRg ff9Rlage
reqiiiremeRts previded a minimum five (5) to maximum teft fset (10') setbaek he pro';ided fer the portiOR of
the buildiftg Hem fiRislled grade to t''\'e'*Y five feet (25 ') in height aoo a miRimlHB se\'eateeft feat (11')
selhaek is provided aboye a height sf tweBty five feet (25').
(2) The ~plieable ElevelepmeRt fegalatiaBS fer aFGaEles. f.Feades shall have a miRimam width of twelve feet
(12'), inclusive sf eolumBS ar flilasters llf) to a maximHm width af two feet (2').
(3) Residential occupaitey Oft the grOllftd floor ami primary en1faR6es !ihall he orieated tElwards NE and Se 5"'-ef
We aBd SB 6111 .'\veBlles.
(1) Mixed use/NfisB resideRtial oeeuf)aReY on the greand flssr exeept that area hel>.'.'eeft WE 3" Slfeet and WB
4111 Stfeet OR the west side of NE 21111 ,A.veHUe (alk/a PiBe~flle Greve Wa;') whish shall be govemed hy
Sectioft 4.1.13(H)(6).
(5) The same develepmeat stanaar.es that llf:lflly te the fr-aRt Pf9flerty liRe shall ~flly tEl the HI'llt sixty feet (a<)')
of the 'nlBding faeisg the side s~et preperty liae.
(9) Raildiag fr-anlage reEluir-emealS fer parkieg gm:ages ma;' he inereasell ts a maximam SRe haoored per6eRt
(100%) fer all fleors hy the Site Plan Review aIlll Appeaf6ftee Beald or the Histsrie PFeservaties 80ard
s\!hjeet te eempliaBee '.vith Seetisn 4.9. U~(R)(11)(':i)1), Parking Garages.
(7) The huildiRg setbaek feElairemeRts for portieRs et parking garages abo','e twe~ five feet (25') may he
wai'/e6 by the Site Plait Re'/ie'",' 800 ,A41pealaBee Beard or die HiSlerie P-r-eservaaeR Beare sabjeet to
cempliance with SectieR 4 .9.I8(B)(H)(vi)1), Parkisg Garages, aIlll a minimlHR fi'/e (5) to maxiHlWB tes foot
(10') setback fer die pertiss of the bailding fram finished gFade to twenty fi\'e feet (25') is height.
(8) Fer sites with multiple ~ailEliftgs, the bailQing immeEliately allHHiBg the reaQwa;'(s) shall oomply wim the
baildiBg fr-anrage aae setbaeks is TallIe 4.4.13 1 and 4.4.13 2.
(9) RailQing fleers shall be setback iR iaer~meftts et twel'}e feet (12') to create a vertieal stepped back
aflpearaaee.
(10) Railding aIlll site desigs. shall ineoff)eFale Crime Pr-e'JeatisB Thraugh Bsvif9lHBeslal Desigs (CPTED)
slaOOfis te the gFt!atest exteftt psssible.
(11) &eh stary shall Ret exeeed 12' fer three !itery tow8hemes loeated is the lli'ea b9UBQeQ by WB 3" Street (ta
the SO\ith), NB 411l Sweet (ta the Berth), NB 2M Ayefille (a1k/a Pineapple Greye Way) (te the east) ana NeB I"
Avenue (te the west) aoo the setbaeks as eated tram 'FiRisheEl gFade to 25 feet' shall ~ply to tAe s'/erall
height sf the btlilding.
Section 3. That Figure 4.4.13-6, 4.4.13-7, 4.4.13-8, 4.4.13-9, 4.4.13-10 and 4.4.13-11 of the
Land Development Regulations of the City of Delray Beach, Florida, shall hereby be repealed in their
entirety .
9
ORD. NO. 6-07
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10
ORD. NO. 6-07
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11
ORn. NO. 6-07
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ORD. NO. 6-07
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ORD. NO. 6-07
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14
ORD. NO. 6-07
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15
ORD. NO. 6-07
Section 4. That Sections 4.4.13(F), "Development Standards", Subsections (4) "Side Interior
Setbacks", (5) "Side Street Building Frontage and Setbacks", and (6) "Rear Setbacks", of the Land
Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as
follows:
(41ill Side Interior Setbacks for all buildings shall be as follows:
(a) Zero feet (0') from the property line if there is vehicular access available to
the rear of any structure, or
(b) Ten feet (10') from the property line where no vehicular access is available
to the rear of any structure. For a side interior lot, a ten foot (10') setback
is required only on one (1) side.
(c) Buildings shall also comply with Section 4.6.4(A)' as applicable.
~@ Side Street Duildin!! Frontaee and Setbacks
(a) Side street setbacks shall be taken from the property line, or if a dedication
is required, from the resulting property line after dedication.
(b) Side street building frontage and setbacks shall comply with the applicable
roadway requirements in Tables 4.4.13-1 and 4.4.13-2.
(c) For comer lots froBting on AtlaRtic AveB1:le, Pineapple Grove Way, NE and
~III ;\ven1les, NE and SE (Jill AveBues, or NW aBEI SW 5111 Avenues, the
same de'/elopment standards that apply on l\tlantic 1".'Ien1le, Pineapple
Grove Way, NE aBEI SE SIll-AVeB1ie, NE and SE (Jill .A.venue, or N\l,T and S\ll
~III '.:Venae, shall apply to the fH"st sixty ((JO) feet, tak-ea from. tile Atlamic
Avenue, Pineapple Grove Way, NE and SE 5111 A':eaue, NE aBd SE 6111
Aven1le, or NW aHd SW 5111 A'/eBl:le, property lille, or if a dedication is
retll:lired, from. the resultiag property line after dedieatioB. Corner lots may
continue primary frontage setbacks for a distance of sixty feet (60') from
the front orooerty line or if a dedication is required from the resultin2
property line after dedication.
16
ORD. NO. 6-07
SAME DEVELOPMENT
STANDAROS~APPlY
TO THE FIRST 60 FT.
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Figure 4.4.13-12 - Comer lots with htlaatie AveJHle, PiBe&pple CFo','e Way, NE!SE Silo .....veBUe, NE.'SE If''
f.veBUe, OF NW.'SW S"" .....}elHle Freotage
~m Rear Setbacks for all13ailding floors seall be a minimam of ten feet (10') from the
property liRe
(a) All building floors shall be a minimum of ten feet (10') from the property
line.
(b) Buildings shall also comply with Section 4.6.4(A). as aoolicable.
fftOO Structures Allowed Within Setback
(a) Balconies may encroach a maximum of four feet (4') into the setbacks.
(b) Loggias and Trellises above the ground floor are allowed to encroach into
the setbacks provided they do not exceed the required building setback of
the portion of the floor directly below it.
(c) Roof Eaves may encroach into the setbacks a maximum of four feet (4').
17
ORD. NO. 6-07
ROOF EAVES MAX. 4 FT.
OPEN TRELUSES AND
LOGGIAS 12 FT. MAX.
BALCONIES 4 FT. MAX. >>>
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Figure 4.4.13-13 - Encroachments
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.
hereby repealed.
That all ordinances or parts of ordinances in conflict herewith be, and the same are
Section 7.
and final reading.
That this ordinance shall become effective immediately upon its passage on second
PASSED AND ADOPTED in regular session on second and final reading on this _ day of
,2007.
MAYOR
A TrEST:
City Clerk
First Reading
Second Reading
18
ORD. NO. 6-07
"
PLANNING AND ZONING BOARD MEMORAN
MEETING DATE: FEBRUARY 12, 2007
AGENDA NO: IV.A.
AGENDA ITEM: CONSIDERATION OF AMENDMENTS TO LAND DEVELOPMENT
REGULATIONS SECTION 4.4.13, "CENTRAL BUSINESS (CBD)
DISTRICT," SUBSECTION (F), "DEVELOPMENT STANDARDS,"
RELATING TO THE DOWNTOWN DELRAY BEACH DESIGN GUIDELINES
The item before the Board is that of making a recommendation to the City Commission regarding
amendments to the Land Development Regulations relating to the Downtown Delray Beach Design
Guidelines, pursuant to LDR Section 2.4.5(M).
Pursuant to LDR Section 1.1.6(A), the text of the LDR may from time to time be amended,
changed, supplemented, or repealed. No such action, however, shall be taken until a
recommendation is obtained from the Planning and Zoning Board and until a public hearing has
been held by the City Commission. Any such change shall be made by ordinance, pursuant to
procedures found in LDR Section 2.4.5(M).
At its meeting of March 19, 2002, the City Commission adopted the Downtown Delray Beach
Master Plan, to guide future development of the downtown business districts. The Plan
characterizes the City's downtown as the commercial areas surrounding the Atlantic Avenue
corridor, between 1-95 and State Road A-1-A (Ocean Boulevard). The Master Plan is the Citizens'
vision for the growth and unification of Delray Beach. It represents the ultimate growth and form of
the community and the creation of a recognizable and seamless center for our city. During the
development of the Plan, three neighborhoods and districts were identified for the downtown area:
The West Atlantic Neighborhood, the Central Core, and the Beach District. All of these districts are
under one zoning classification - the CBD (Central Business District).
To preserve the unique characteristics of each area and ensure that building forms are of a
character and scale that reinforce the citizens' vision of a "City of urban amenities with a small town
feeling", the Master Plan called for the development and implementation of design guidelines for
the downtown area. These guidelines, developed by consultants Jaime Correa & Associates, the
Design Guidelines Subcommittee, community and industry stakeholders, and staff, were adopted
by the City Commission on May 4, 2004.
As the guidelines were being completed, the City also began the process of adopting a Future
Land Use Map amendment and rezoning of the West Atlantic Neighborhood from GC to CBD, to
be consistent with the zoning on the balance of the downtown area. Originally, the intent was for
the design guidelines to apply to a unified CBD zoning district with three distinctive sub-
areas/districts, including the West Atlantic Neighborhood. However, since the FLUM amendment
and rezoning process would take approximately 6 months, it is decided to proceed with the LDR
amendments and incorporate the design guidelines into the GC district (West Atlantic Overlay
portion) until the adoption of the CBD rezoning and Commercial Core land use designation. This
would ensure that development within this six month period would be consistent with the new
development standards/design guidelines. It was understood that once the West Atlantic
IV.A.
Planning and Zoning Board Memorandum Staff Report, February 12, 2007
Downtown Delray Beach Design Guidelines - LOR Text Amendment
Neighborhood was rezoned to CBD, the regulations pertaining to that area would be incorporated
into the CBD regulations. Once the FLUM Amendment/Rezoning process was completed, the Land
Development Regulations were amended accordingly. These amendments were adopted by the
City Commission on November 16, 2004.
Although there have been a number of projects approved since the adoption of the design
guidelines, none of the projects have been constructed. It has been stated by the developers of
several of these projects that the impact of the design guidelines on construction costs has made
the projects economically infeasible. Local architects have also expressed concerns that the
guidelines are hindering design creativity and adding unnecessary costs to projects. In late 2006,
the CRA and City staff participated in a series of meetings with local developers and design
professionals to review the guidelines and determine if changes were warranted. If was determined
that there were a number of problems that should be addressed. The proposed changes to
address these concerns are described in the analysis section below.
To summarize, the proposed revisions would do the following:
Minimum front setback on ground floor:
· 5' if ground floor is nonresidential.
· 10' if ground floor is residential.
. 0' for arcaded buildings on Atlantic Avenue in the West Atlantic and Beach areas, and on A1A.
Frontage and other requirements:
· The Tables are being eliminated and the standards are described in paragraph form.
. In order to provide a pedestrian-friendly experience at the street level, we are maintaining the
minimum/maximum frontage requirements (the majority of the building has to be built within 10'
of the property line). The remaining portion of the building has to be set back at least 15', but
there is no longer a maximum setback for that portion (you can go back as far as you want).
. Where previously there were six (6) different standards depending on what street or what area
the property is located on, there are now only two. They are based on the typical width of the
road. On the wider streets (Atlantic Avenue west of Swinton Avenue and east of the ICWW, the
Federal Highway pairs, and A-1-A) buildings can go up to 37' (approximately 3 stories) before a
step-back along the frontage is required. On all other streets the step-back is required after 25'
(approximately 2 stories).
. On the upper levels (up to 48'), at least 70% of the building has to be set back (stepped back) a
minimum of 15' from the front property line. The rest of the upper level can be built at the
minimum front setback. In addition to the setback, the floor area of the upper floors can be no
greater than 70% of the allowable ground floor area. Beyond 48', 90% of the building has to be
stepped back 30' from the front property line, and the floor area can't exceed 50% of the
allowable ground floor footprint.
· The net effect is to allow some flexibility so that now up to 30% of the building can be at the
minimum front setback (up to 48'), and 10% can be at the minimum up to 60'. The trade off is a
reduction in the floor area at the upper levels.
· There are some exceptions allowed to the frontage requirements in order to accommodate
features such as stair towers, elevator shafts, sight visibility triangles, utility easements,
driveways, etc. In all cases the exception granted must be the minimum necessary to
accommodate the feature. Exceptions are also permitted for public plazas and parking garages.
In addition, 3 story town homes are not required to step back the upper story (however they will
have to be set back a minimum of 10').
· Regarding the frontage requirements on corner properties, the primary frontage requirements
MAY be extended along the side street, but it is not required.
2
'.
Planning and Zoning Board Memorandum Staff Report, February 12, 2007
Downtown Delray Beach Design Guidelines - LOR Text Amendment
. The floor height for hotel/motels has been decreased to 8' 6" for all floors provided the lobby and
all public rooms have a minimum height of 10'. Currently, a 10' minimum height is required for
the ground floor and 9' for all other floors.
. Additional flexibility is added to allow modification of frontage requirements by SPRAB to
accommodate civic buildings such as libraries, cultural facilities, municipal buildings, etc.
. The definition of height has been modified in this section to encourage hip, gable and gambrel
roofs rather than flat or mansard roofs. This has been accomplished be refining how height is
measured to between grade and the soffit above the last habitable floor of a gable, hip, or
gambrel roof rather than from grade to the mean level between the tie beams and the ridge for
gable, hip, or gambrel roofs.
REQUIRED FINDINGS
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.
A review of the goals, objectives and policies of the adopted Comprehensive Plan were conducted
and the following applicable objective and policy is noted:
Future Land Use Element Obiective A-5
The City shall maintain its Land Development Regulations, which shall be regularly reviewed and
updated, to provide streamlining of processes and to accommodate planned unit developments
(PUD) , mixed-use developments, and other innovative development practices.
As new development has been designed pursuant to the existing design guidelines it has become
apparent that adjustments are needed. The staff has met with local design professionals are
solicited their concern and challenges experienced with the current design guidelines. These
proposed changes address these concerns along with concerns gleamed from here make the
guidelines easier to apply and provide additional design flexibility while maintaining the overall
goals of mitigating mass and scale of buildings in the downtown area.
Future Land Use Element Policv C-4.2 The "Downtown Delray Beach Master Plan" was adopted
by the City Commission on March 19, 2002. Covering the downtown business districts surrounding
the Atlantic Avenue corridor between 1-95 and A-1-A, it represents the citizens' vision for the
growth and unification of Delray Beach, while still retaining the "village like, community by-the-sea"
character of the CBD. The Plan addresses a wide range of issues including intill development,
neighborhood parks, shared parking, public art, the roadway and alleyway systems,
marketing/economic development, and the need to modify the Land Development Regulations to
include design guidelines to retain the character of Delray Beach. Future development and
redevelopment in this area shall be consistent with the Master Plan.
The above policy and adopted Downtown Delray Beach Master Plan characterize the City's
downtown as the commercial areas surrounding the Atlantic Avenue corridor, between 1-95 and
State Road A-1-A (Ocean Boulevard). The original adoption and subsequent amendments of the
design guidelines for the CBD is just one of the many recommendations and strategies called for in
the Plan to address its goal for unity, while guiding the revitalization and redevelopment of the
City's downtown.
Based upon the above, the proposed LOR amendments will further the Goals, Objectives, and
Policies of the Comprehensive Plan in accordance with LOR Section 2.4.5(M) (5).
3
Planning and Zoning Board Memorandum Staff Report, February 12, 2007
Downtown Delray Beach Design Guidelines - LOR Text Amendment
Prior to adoption of the amendments to the Design Guidelines several reviews have been
conducted with the local design community and the item has been presented to the following
reviewing boards, agencies and organizations:
· Community Redevelopment Agency (CRA)
· Downtown Development Authority (DDA)
· West Atlantic Avenue Redevelopment Coalition (WARC)
· Pineapple Grove Main Street (PGMS)
West Atlantic Avenue Redevelopment Coalition:
The Board considered the changes early on in the modification process on January 10, 2007
and did not have any concerns.
Pineapple Grove Main Street:
The Board considered the changes at their meeting of February 7, 2007 and recommended
approval.
Downtown Development Authority:
This Board will consider the changes at their meeting of February 12, 2007 and their
recommendations will be reported to the Planning and Zoning Board at the meeting.
Community Redevelopment Aaency:
The CRA considered the text amendments at its meeting of January 11, 2007. The Board
recommended approval.
The purpose of the city initiated LOR text amendment is to address concerns that the guidelines
are hindering design creativity and adding unnecessary costs to projects. These LOR changes
have come out of suggestions gleamed from a series of meetings with local developers and design
professionals as well staff issues that have surfaced during the development review process. The
proposed amendments are consistent with and further the Goals, Objectives and Policies of the
Comprehensive Plan.
Move a recommendation of approval to the City Commission for the amendment to the Land
Development Regulations, as it relates to the Downtown Delray Beach Design Guidelines, by
adopting the findings of fact and law contained in the staff report, and finding that the request and
approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections
1.1.6(A) and 2.4.5(M) of the Land Development Regulations.
Attachment:
· Proposed Ordinance NO.6-0?
4
CITY OF DELRAY BEACH
NOTICE OF UPDATING THE DESIGN
GUIDELINES THAT PERTAIN TO THE
CENTRAL BUSINESS DISTRICT
The City Commission of the City of Delray Beach, Florida,
proposes to adopt the following ordinance:
ORDINANCE NO. 6-07
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF -
DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOP-
MENT REGULATIONS OF THE CITY OF DELRAY BEACH BY
AMENDING CHAPTER FOUR, "ZONING REGULATIONS'; SECTION
4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT'; SUBSECTION (F),
"DEVELOPMENT STANDARDS'; IN ORDER TO PROVIDE UPDATED
DESIGN GUIDELINES FOR THE CENTRAL BUSINESS DISTRICT;
PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE
AND AN EFFECTIVE DATE.
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The City Commission will conduct two (2) Public Hearings for
the purpose of accepting public testimony regarding the
proposed ordinance. The first Public Hearing will be held on
TUESDAY, FEBRUARY 20, 2007 AT 7:00 P,M. in the Commis-
sion Chambers at City Hall, 100 N.W. 1 st Avenue, Delray Beach,
Florida. If the proposed ordinance is passed on first reading, a
second Public Hearing will be held on MONDAY, MARCH 5,
2007, AT 7:00 P.M. (or at any continuation of such meeting
which is set by the Commission) in the Commission Chambers
at City Hall, 100 N.W. 1 st Avenue, Delray Beach, Florida.
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All interested citizens are invited to attend the public hearings
and comment upon the proposed ordinance or submit their
comments in writing on or before the date of these hearings to
the Planning and Zoning Department. For further information
or to obtain a copy of the proposed ordinance, please contact
the Planning and Zoning Department, City Hall, 100 NW. 1 st
Avenue, Del ray Beach, Florida 33444 (email at
pzmail@mydelraybeach.com) or by calling 561/243-7040),
between the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday,excluding holidays.
Please be advised that if a person decides to appeal any
decision made by the City Commission with respect to any
matter considered at these hearings, such person may need to
ensure that a verbatim record includes the testimony and
evidence upon which the appeal is to be based. The City does
not provide nor prepare such record pursuant to F.S. 286.01 05.
CITY OF DELRAY BEACH
Chevelle D. Nubin, CMC
City Clerk
PUBLISH: Monday, February 12,2007
Monday, February 26,2007
Publish: Boca Raton/Delray Beach News
Ad # NS0207911
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