Ord 08-07
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ORDINANCE NO. 8-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES,
BY AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC)
DISTRICT", SECTION 4.4.12, "PLANNED COMMERCIAL (PC)
DISTRICT"; ENACTING SECTION 4.5.14, "FOUR CORNERS
OVERLAY DISTRICT", TO PROVIDE FOR THE CREATION AND
IMPLEMENTATION OF THE FOUR CORNERS OVERLAY
DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on February 26, 2007, and voted 5 to 0
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 ftnds 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 4.4.9, "General Commercial (GC) District," 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:
Section 4.4.9 General Commercial (GC) District:
(A) Purpose and Intent: The General Commercial (GC) District provides basic regulations for small
parcels which are best suited for general retail and office uses. In addition. this district has provisions in the Four
Comers Overlay District which encourages mixed use development that may include retail office. and multi-family
uses. but ~1OCh are not of :mfficicnt sizc to be dcs~cd in II pffinncd sensc. The GC designation is applied to small
parcels, most of which are developed, where adherence to standard regulations is most appropriate. The GC
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designation is to be applied primarily along arterial and collector streets. Uses may be conducted singularly or in
combination within the same structure.
(B) Principal Uses and Structures Permitted: The following are allowed within the GC District as
permitted uses, except as modified in the Four Comers Overlay District by Section 4.4. 9 (G) (2) (a).
(1) General retail uses including, but not limited to:
* Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor covering,
cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and slipcovers,
medicines and prescriptions, electrical fixtures and supplies, fabrics, fish, flowers and plants,
fruits and vegetables, food, garden supplies, gifts, glassware, hardware and paints, home
furnishings, ice cream, lawn care equipment, leather goods, luggage, medical and surgical
equipment, music and musical instruments, nautical supplies, office furniture equipment
and supplies, pets and pet supplies, photographic equipment
and supplies, sewing supplies, sporting goods, toys, wearing apparel and accessories, appliances,
bicycles, business machines, jewelry.
(2) Business and Professional uses including, but not limited to:
*
Interior decorating, medical and dental clinics, medical and dental laboratories,
photographic studios, printing and publishing, professional offices.
(3) Contractor's Offices, including but not limited to:
* Air conditioning, general contractor, electrical, painting, and plumbing; however, any outside
storage of materials is prohibited.
(4) Services and Facilities including, but not limited to:
* Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on-site processing
for customer pickup only, dry cleaning and laundry pickup stations, ftnancing e.g. banks and
similar institutions including drive-through facilities, laundromats limited to self-service
facilities, pet grooming, restaurants including drive-in and drive-through, tailoring, tobacconist,
vocational schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics,
photography, modeling, and karate-judo, small item repair, and rental of sporting goods and
equipment (such as but not limited to bicycles, skates, boogie boards).
* Abused spouse residence with forty (40) or fewer residents, galleries, broadcast studios, butcher
shops, cocktail lounges, exercise facilities e.g. gyms and clubs, indoor shooting ranges, museums,
libraries, newsstands, commercial or public parking lots and parking garages, theaters excluding
drive-ins.
(5) Dwelling units in the same structure as commercial uses provided that: commercial uses must be
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ORD. NO. 8-07
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provided on the ground floor; commercial uses on the ground floor must occupy no less than 25% of the total
structure excluding square footage devoted to vehicular use; residential uses are not located on the
ground level; residential uses and non-residential uses are physically separated and have separate access ways; and
the residential density does not exceed 12 units per acre, except the Four Comers District which may have a free
standing residential building as part of a multi-builc:lin.g unified master plan or the residential component may be a part
of a single mixed use builc:lin.g. The density of the Four Comers Master Plan shall not exceed 30 dwelling units per
acre and is subject to the provisions under Section 4.4.9 (G) (2) (d) (4),
(6) Astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists,
numerologists and mental healers, subject to the locational restrictions of Section 4.4.9(H)(3).
(7) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1).
(C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory
to, the principal use.
(1) Parking lots;
(2) Refuse and service areas;
(3) Provision of services and repair of items incidental to the principal use;
(4) Storage of inventory either within the same structure as where the sale of goods occurs or in a
separate structure on the same parcel provided that such storage facilities are not shared or leased independent of
the primary commercial use of the site;
(5) Single family detached dwellings for residence by business owners, proprietors, or employees.
(D) Conditional Uses and Structures Allowed: The following are allowed as conditional uses within the
GC District, except as modified in the North Federal Highway Overlay District by Section 4.4.9(G)(1) and except as
modtlied in the Four Corners Overlqy Distn'ct ry Section 4.4.9(G )(2)(c ).
(1) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D).
(2) Amusement game facilities.
(3) Wash establishments or facilities for vehicles.
(4) Child Care and Adult Day Care.
(5) Clubs and Lodges; social, fraternal,
sq. ft. of gross floor area.
and recreational not exceeding 3,500
(6) Drive-in Theaters.
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(6) Flea Markets, bazaars, merchandise marts, and similar retail uses.
(7) Funeral Homes.
(8) Gasoline Stations or the dispensing of gasoline direcrly into vehicles.
(9) Hotels and Motels.
(10) Free-standing multiple-family housing subject to the requirements of the RM District except for
setback and height requirements which shall be pursuant to this Section.
(11) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses,
skating rinks.
(12) Sales and service of All Terrain Vehicles and personal watercraft (waverunners, jet skis), with
no outside display, outside storage or outside service.
(13) Vehicle care limited to the changing of oil and filters, and lubrication with no mechanical work or
outside storage of vehicles except as a part of a gasoline station.
(14 ) Veterinary Clinics
(15) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in
Section 4.3.3(1).
(16) Adult Gaming Centers.
(17) Churches or places of worship, and their attendant Sunday school, recreational and
columbarium facilities not exceeding 3,500 square feet of gross floor area. The foregoing does not allow
establishment of educational and care uses such as elementary school and general day care.
(18) Multiple family residential development may exceed twelve (12) units per acre, up to a maximum
of eighteen (18) units per acre within the Infill Workforce Housing Area, subject to the provisions of Section
4.4.6(1), and Article 4.7, and subject to the requirements of the RM District except for setback and height
requirements, which shall be pursuant to this Section.
(E) Review and Approval Process:
In established structures, uses shall be allowed therein upon application to, and approval by, the Chief
Building Official for a certificate of occupancy.
For all new development, site plan approval must be granted by the Site Plan Review and Appearance
Board pursuant to Sections 2.4.5(F), (G), (I), except for development in the Four Comers Overlay District which is
subject to the provisions of Section 4.4.9 (E) (4) below.
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Conditional uses must be approved pursuant to the provisions of Section 2.4.5 (E).
All Development within the Four Comers District shall be governed by a Master Development Plan
(MDP). The MDP shall consist of a narrative: a land use map: conceptual site plan. landscaping.
and utility plans: and conceptual elevations and architectural information. A MDP shall be processed
pursuant to Section 2.4.5(F) with approval granted by the Planning and Zoning Board. A MOP may be
modified pursuant to Section 2.4.5(G). Any new development approval must be granted by the Site Plan
Review and Appearance Board with respect to Sections 2.4.5(F). (H). and (I) and be consistent with the
approved Master Development Plan (MOP). A site plan modification shall follow procedures oudined in
Section 2.4.5(G).
(a) Applications for site plan approval pursuant to Section 4.4.13(1) must include. in addition to
the standard application items of 2.4.3(A). a site and development plan (including landscaping.
elevations. and floor plans) that is of sufficient detail to determine that the applicable
performance standards are being met. Final approval of the detailed site plan is by the Site
Plan Review and Appearance Board and is to be consistent with adopted (MOP).
(b) Waivers and internal adjustments to these standards may be approved by the Plannin.g and
Zoning Board concurrent and as a part of the approval of a Master Development Plan (MOP).
(c) When considering a Master Development Plan (MDP) in the Four Corners Overlay. the
Planning and Zoning Board may attach suitable conditions. safeguards. and stipulations to
address the specific characteristics of the site and potential impacts of the proposed development
(F) Development Standards: The development standards set forth in Section 4.3.4 shall apply except as
modified below:
(1) If there is no vehicular access available to the rear of any structure, a side setback of ten feet (10') shall be
provided. For a side interior lot, a ten foot (10') setback is required only on one (1) side.
(2) North Federal H~hway Area: The following development standard shall apply to parcels which have
frontage on North Federal Highway or the North Federal Highway one-way pairs (N.E. 5th Avenue and N.E. 6th
Avenue) between N.E. 4th Street and the north City limits.
(a) Parcels shall have a minimum front building setback of five feet (5') measured from the
ultimate right-of-way line. The maximum setback shall be fifteen feet (15'), unless it can be
demonstrated to the Site Plan Review and Appearance Board that it is not feasible to comply
with this standard.
(3) Four Comers Overlay District: The following development standards shall apply to parcels within the
Four Comers Overlay District:
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(a) Minimum Site Area:
1. Minimum site area for the total development within the Four Corners Overlay District is
to be four (4) acres. However. the approving body for the Four Corners Overlay may g;rant a
waiver to the four acre requirement upon a determination that the development is consistent with
the purpose and intent of the Four Corners Overlay District and attempts have been made to
aggregate adjacent parcels. Evidence must be provided that aggregation is not feasible.
(b) Minimum Floor Area:
1. Residential units are subject to the minimum square footage per unit requirements of
LDR Section 4.3.4(K) (Development Standards Matrix for Residential Zoning Districts -
Subnote #1).
(c) Lot Coverage:
L Lot coverage by building. pavement and hardscape site
improvements shall not exceed 75% of the area of development of any individual lot.
(d) Perimeter Buffers:
L A landscape buffer shall be provided around the perimeter of
each parcel within the development pursuant to the applicable buffers as listed below in
this section. Parking. structures. perimeter roadways. and other paving is not permitted
within this buffer except for bicycle paths. sidewalks. jogging trails. and driveways or
access streets which provide ingress and egress for traffic and which are generally
perpendicular to the buffer. The width of the buffer shall be the smaller distance of either
the dimensions below or 10% of the average depth of the property: however. in no case
shall the landscape area be a width ofless than ten (10) feet:
a. When adjacent to a collector or arterial street
b. When abutting residentially zoned property
c. When adjacent to but separated from residentially zoned
property by a streeL waterway. alley. railway or park
d. When abutting non residentially zoned property
e. When commercial and/or office uses abut residential parcels
within the Four Comers Overlay master development plan.
30 feet
40 feet
25 feet
25 feet
25 feet
(e) Building Height:
1. Buildings shall be allowed to a maximum height of sixty feet (60) on parcels of four
acres or more and a maximum of 48' for parcels less than four acres.
(t) Setbacks:
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1. Adantic Avenue / Military Trail Frontage: To the greatest extent possible buildings shall
be placed at the minimum setback of thirty (30) feet to a maximum building height of 42'.
Thereafter. additional setbacks for the portion of the building exceeding 42' shall be a minimum
of an additional 10'.
2. If a Master Plan consists of multiple parcels. the setback from the internal parcel lines shall be 25
feet.
3. Master Development Plan (l\1DP) perimeter non-frontage setbacks shall be consistent with the
applicable perimeter buffers as specified in Sections (F) (3) (d)
(G) Supplemental District Regulations: In addition to the supplemental district regulations set forth in
Article 4.6, the following supplemental district regulations shall apply in the GC District.
(1) North Federal Highway Overlay District: The following supplemental district
regulations apply to the North Federal Highway Overlay District, as defined in Section 4.5.7.
(a) In addition to the uses listed in 4.4.9 {D), the following light industrial uses are
allowed as conditional uses:
Fabrication and/or assembly of manufactured materials or parts for distribution or sale,
such as sheet metal, sign shops, glass shops, electronics, cabinet and furniture
making.
The wholesaling, storage and distribution of products and materials.
Self service storage facilities that comply with subsection (c) below.
(b) All uses listed under subsection (a) above must:
1. Operate in conjunction with a permitted service or retail use that is located on the
premIses;
2. Maintain a commercial facade along North Federal Highway, with the light
industrial aspect of the business oriented toward Dixie Highway;
3. Operate within an enclosed building, with no outside storage;
4.
Orient overhead doors
where eXlStlng, or where
not feasible to comply; and,
away
the
from
approVlng
adjacent
body
rights-of-way,
determines that
except
it is
5. Along the property line adjacent to Dixie Highway, provide a
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landscape buffer consistlng of a 4' high hedge, and trees planted
25 feet on center to form a solid tree line.
c) In addition to subsection (b) above, any self service storage facility shall comply with the
following. The following regulations supersede Section 4.3.3(A).
1 Lot Area:
(a) The minimum lot area is 1.5 acres and the maximum lot
area is 3 acres.
ill Facilities and Requirements:
1. Outdoor bay type access to individual self-storage units that
face a street is prohibited. The exterior loading access points
shall be designed 111 such a way to tnl1l11111Ze sight lines from
adjacent roads.
2. No building shall exceed forty-eight feet (48') in height.
3. Parking shall be provided at the rates set forth in Section 4.6.9
for the permitted service, office and retail uses and for self-
storage uses, parking shall be at a rate of one (1) parking
space per 100 storage units or portion thereof, including: (a) a
minlmum of three (3) loading spaces for the self-service
storage facility that must be striped and signed to limit the time
for loading and unloading to one (1) hour; and in addition (b)
three and one-half (3.5) spaces for each 1,000 square feet of
accessory office use associated with the self-storage use.
Notwithstanding the above, a m1nlmum of five (5) parking
spaces other than loading spaces shall be provided in
connection with the self-storage use.
4. At least 2,500 square feet of ground floor area shall be devoted
to at least one additional principal retail or setvlce use without
limiting the foregoing. The additional principal uses may be
eating and drinking establishments, retail or personal setvlce.
(e) Limitation of Uses:
1. Activities not related to the rental or lease of self-storage units shall not be
conducted within the self service storage facility area, unless specifically
permitted through the conditional use process.
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2. Except as otherwise provided in subsection (c), no business or activity
other than self storage shall be conducted from any self-storage unit in
the facility. Examples of prohibited uses include, but are not limited to the
following: the servicing, repair and/or restoration of automobiles, boats,
recreational vehicles, and/or restoration of automobiles, boats, recreational
vehicles, lawnmowers and the like; moving and self-storage companies;
cabinet making and wood working (whether personal or
professional); personal hobbies and arts and crafts; and any other activity
unless specifically permitted through the conditional use process.
3. Except as otherwise provided in this subsection (c), there shall be no
electrical power provided to, or accessible from any individual self-
storage units. This includes the provision of lighting fixtures to the
interior of a self-storage unit, unless specifically addressed in the
conditional use approval. The use of portable generators is also prohibited.
4. The use or storage of any hazardous materials is prohibited.
5. The terms and conditions of this section shall be clearly expressed in all
self-storage rental or leasing contracts, as well as conspicuously displayed in
plain view on a sign no smaller than one foot (T) by two feet (2') in the
leasing office at the facility.
(f) On-Site Manager: An on-site manager shall be employed at the facility during all
hours of operation.
(g) Hours of Operation: Customers of the self service storage facility may not access
individual self-storage units before 5:00 a.m. or any later than 9:00 p.m. Hours
of operation may be further restricted when it is deemed that morning and
evening traffic into and out of the facility may negatively impact the character of an
adjacent residential area. In no circumstance shall customers of any self service
storage facility have 24 hour access to their self-storage unites).
.(b) Landscape Requirements: In addition to all applicable landscape
requirements and other special prOV1SIOns pursuant to the individual
zone district, a muumum ten foot (10') landscape buffer shall be
required adjacent to Federal Highway and Dixie Highway and a
muumum five foot (5') landscape buffer shall be required along all
property lines that do not abut a roadway.
(i) Outdoor Storage of vehicles. Boats & Truck Rental: Outdoor
storage of boats and vehicles and truck rental is prohibited.
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(D Architecture: All self service storage facility buildings must comply
with the following architectural standards.
. 1. Building facades visible from the public right-of-way shall have
the appearance of a service and/ or retail building through the
use of doors, windows, awrungs, and other appropriate building
elements.
2. Exterior building material shall be stucco or a similar material.
3. Buildings that can accommodate two or more
designed where facing a street to have the
multi-story building through the use of
awnings, canopies or other appropriate building elements.
stories
appearance
windows,
shall be
of a
doors,
4. Building facades facing a public right-of-way must
tn1t11tnum transparency conslstlng of windows
visibility from the public right-of-way from the interior.
have
that
a 15%
provide
5. Detailed building elevations shall be submitted prlor to the
Conditional Use public hearing.
(k) Location: A self service storage facility shall not be located within
a radius of 1,000 feet of another existing self service storage
facility.
(2) Four Corners Overlay District: The following supplemental district regulations apply to
the Four Corners Overlay District. as defined in Section 4.5.13.
(a) The permitted uses shall be those uses listed in Sections
4.4.9(B) (1.2.4.5).
(b) The accessory uses shall be those uses listed in Section (C).
(c) The conditional uses shall be those uses listed in Sections (D)(1.3.4.10.12.15).
Cd) Standards Pertaining to Allocation of Uses:
1. Office uses can encompass up to one hundred percent (100%) of the total building square
footage within a Four Corners Overlay master development plan.
2. Retail uses shall not encompass more than one hundred percent (100%) of the total builc:lin.g
area square footage of the Four Corners Overlay master development plan.
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3. Hotels. motels. and residential all suite lodgjng shall not encompass more than 20% of
the total building area square foo~e of the Four Corners Overlay master development
plan. Notwithstanding the above. hotels. motels and residential all suite lodgjn.g: can
comprise 100% of the floor area of an individual building within a MOP con~
multiple buildings.
4. Multi-familv Dwe~ Units: Multi-family uses excluding duplexes subject to (a)(b)(c)(cl)(e)
below. rangjng in density not to exceed 30 units per acre subject to the following;
a. Residential units may comprise 75% of the total floor area of the development master
plan at a maximum density of (30) units per acre and only when proposed as part of a
mixed-use development containing office and/or commercial uses.
b. Residential developments must include a minimum of 20% workforce units
consisting of moderate income workforce units as defined by Article 4.7
Family /W orkforce
c. Workforce units shall be subject to general provisions of Article 4.7.6. 4.7.7. 4.7.8.
4.7.9. and 4.7.10.
d For mixed-use developments. the shared parking provisions of LDR Section
4.6.9. (C)(8) shall be allowed.
e. All residential developments shall be subject to the Performance Standards of
4.4. 13g) (2)
(e) Standards Unique to the Four Corners Overlay District:
Where standards unique to the Four Corners Overlay District conflict with standards contained
elsewhere in the zoning. subdivision. and landscape codes. the standards of this Subsection shall apply.
(1) Lot Coverage & Open Space:
(a) Land area equal to at least 25% of the individual Four Corners Overlay District
Master Development Plan (MDP) including the perimeter landscaped boundary.
shall be in open space. Landscape areas required to meet internal parking
lot design requirements. water bodies and paved areas shall not be included in
the meeting of this 25% open space requirement.
(2) Minimum Structure Size: Any free-standing non-residential principal structure shall
have a minimum floor area of 4.000 square feet: shall be architecturally consistent with
other structures in the master development plan: and shall have direct access to and
from other portions of the Four Corners Overlay development.
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(3) Office and Commercial Floor Heights shall be a minimum of twelve feet (12') floor to floor
on the first floor and ten (10') floor to floor on all floors above. Residential uses shall have a
minimum nine feet (9') floor to floor on all floors. Hotel. motel and residential all suite lodgin,g
shall have a minimum of ei,ght feet six inches (8' 6") floor to floor on all floors. 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 hei,ght
regulations.
(H) Special Regulations:
(1) The fIrst ten feet of the front yard setback which is adjacent to a right-of- way shall be a
landscaped area, except within the North Federal Highway Area as deftned in 4.4.9(F)(2), which is subject to
the special landscape setbacks of Section 4.3.4(H)(6)(b), and the Four Comers Overlay district which is subject to
special landscape buffers under Section 4.4.9 GF)(3)(d).
Within the required front landscape area, no paving shall be allowed except for driveways and walkways which
shall be generally perpendicular to the property line.
(2) Any outdoor display of sporting goods and equipment for rent is subject to the restrictions set forth
in Section 4.6.6(C)(3).
(3) Astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists,
numerologists and mental healers are limited to the geographical areas along N.E. and S.E. 5th and 6th Avenues
(Federal Highway pairs), between S.E. 10th Street and S.E. 3rd Street, and between N.E. 4th Street and N.E. 7th Street,
and shall be limited to no more than one of each business every three hundred feet (300'), measured in a straight
line from lot line to lot line.
(4) 24-Hour 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).
(5) No Clubs and Lodges (social, fraternal and recreational) or Church or Places of Worship shall
be located closer than seven hundred and fifty (750) feet from another such facility measured from lot line to lot
line boundary along a straight airline route.
Section 3. That Section 4.4.12, "Planned Commercial (PC) District," 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:
Section 4.4.12 Planned Commercial (PC) District:
(A) Purpose and Intent: The Planned Commercial (PC) District provides for retail, office, and
other commercial activities to be established on large sites in a well planned, functional, and aesthetically
pleasing manner. Residential uses may also be permitted as part of a mixed-use development within the Four
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Comers Overlay District. provided at least 20% of the units are workforce housing units which comply with
the provisions of Article 4.7. "Family/Workforce Housing." The maximum density is thirty (30) units per
acre. The actual density will be based upon the development's ability to achieve the performance standards of
Section 4.4.13(1)(2). The PC District shall be applied to properties designated as commercial on the Future
Land Use Map where the unified development is, or will be, in excess of five (5) acres; or when it is
appropriate to preserve the character of certain specialty retail and office centers; or to ensure that certain
high visibility areas are attractively developed.
(B) Principal Uses and Structures Permitted: The following types of use are allowed within
the PC District as a permitted use. except within the Four Comers Overlay District which shall be pursuant
to Section 4.4.9(G)(2)(a):
(1) All uses allowed as such within the GC District [Section 4.4.9(B)(1) through
(5)].
(2) Automobile brokerage, including vehicle display within an enclosed structure,
but excluding any preparation, service, or repair work.
(C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of,
or accessory to, the principal use except within the Four Comers Overlay District which shall be pursuant to
Section 4.4.9(G)(2)(b):
(1) Parking lots.
(2) Refuse and service areas.
(3) Provision of services and repair of items incidental to the principal use.
(4) Storage of inventory either within the same structure as where the sale of
goods occurs or in a separate structure on the same parcel provided that such storage facilities are not shared
or leased independent of the primary commercial use of the site.
(D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional
uses within the PC District except as modified in the Lindell/Federal (Redevelopment Area #6) Overlay
District by Section 4.4.12(G) and within the Four Comers Overlay District which shall be pursuant to Section
4.4. 9 (G) (2) (c):
(1) All uses allowed as such within the GC District [Section 4.4.9(D)].
(2) Playhouses, Dinner Theaters, and places of assembly for commercial
entertainment purposes (e.g., concerts, live performances)
(3) Private schools and other similar educational facilities, subject to Section 4.3.3(HHH).
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ORD. NO. 8-07
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(4) Adult Gaming Centers.
(E) Review and Approval Process:
(1) In established structures, uses shall be allowed therein upon application to, and
approval by, the Chief Building Official for a certificate of occupancy.
(2) For any new development, approval must be granted by the Site Plan Review
and Appearance Board pursuant to Sections 2.4.5(F), 2.4.5(H), and 2.4.5(1).
(3) Conditional uses must be approved pursuant to the provisions of Section
2.4.5 (E).
(4) A Master Development Plan may be processed for large scale or phased
projects.
(5) All development within the Four Corners Overlay District shall comply with
the provisions of Section 4.4.9 (E) (4).
(F) Development Standards: In addition to the development standards set forth in Section
4.3.4, the following shall apply, except within the Four Corners Overlay District which shall be pursuant to
Section 4.4.9(F)(3):
(1) Special Landscape Area: Within the fust ten feet (10') of the front yard
setback area (abutting the property line) full landscaping shall be provided. Driveways and sidewalks shall be
accommodated only when generally perpendicular to the property line.
(2) Any free-standing structure shall have a minimum floor area of 6,000 square
feet; shall be architecturally compatible with other structures, shall take access from the interior circulation
system of the development and shall be able to meet all code requirements if it were to be situated on an
outparcel. Architectural compatibility shall be determined pursuant to Section 4.6.18.
(G) Supplemental District Regulations: In addition to the supplemental district regulations set
forth in Article 4.6, the following shall apply:
(1) Development within the Lindell/Federal Redevelopment Area Overlay District
(Redevelopment Area #6) shall be consistent with the provisions contained within the adopted
Redevelopment Plan for the area, as particularly described under the chapter entided "Section 4: Plan for
Future Development."
14
ORD. NO. 8-07
('
" '\
(2) Within the portion of the Redevelopment Area that is bounded by Dixie Highway on
the west, the C-15 canal on the south, Federal Highway on the east, and Avenue K (extended) on the north,
multiple family residential development with densities of up to 16 units per acre is allowed as a conditional
use, subject to the provisions of LDR Section 4.4.6 RM (Medium Density Residential) Zoning District,
subsection (I), Performance Standards, and based upon the development's conformance with the applicable
standards and criteria described within the adopted Redevelopment Plan.
(3) Dwelling units are permitted within the same structure as commercial uses with no
restriction on the percentage of each use allowed. In the event that residential and nonresidential uses are
located in the same structure, residential uses and nonresidential uses must be physically separated and have
separate accessways.
(4) All development within the Four Corners Overlay District shall also comply with the
provisions of Section 4.4.9(G)(2)(d) and (e).
(H) Special Regulations:
(1) Where it is appropriate to limit the type, character, or intensity of use within a PC
development, this may be accomplished by affIxing the added designation of "S" (Small Scale) to the PC
designation (i.e. PC-S). In such designated development, the maximum floor area which can be allocated to a
single tenant or specific use, singularly or in the aggregate, shall not exceed 60,000 square feet. (e.g. although
retail sales may exceed 60,000 sq.ft., the retail sale of home furnishings shall not exceed 60,000 sq.ft.).
(2) 24-Hour or late night businesses as deftned herein must be processed as a conditional
use and are subject to the provisions of Section 4.3.3(VV).
(3) No Clubs and Lodges (social, fraternal and recreational) or Church or Places of
Worship shall be located closer than seven hundred and fifty (750) feet from another such facility measured
from lot line to lot line boundary along a straight airline route.
Section 4. That Section 4.5.14, "Four Corners Overlay District," of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby
enacted to read as follows:
Section 4.5.14 Four Comers Overlay District
(A) Defined: The Four Comers Overlay District is hereby established as the area located at the four
corners of the intersection of West Adantic Avenue and Military Trail. The Overlay District includes both
GC (General Commercial) and PC (planned Commercial) zoned properties. All development within the
overlay district is subject to special provisions included within the GC and PC zoning district regulations.
Section 5.
That should any section or provision of this ordinance or any portion thereof,
15
ORD. NO. 8-07
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" '\
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 7. That this ordinance shall become effective immediately upon its passage on
second and final reading.
~~~ AND ADOPTED in regular ses,"on on second and final reading on this ~y
of ~ ,2007.
~~~
ATTEST:
~,~~~.~~
City Clerk
First Readin
16
ORD. NO. 8-07
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER tJf~/i
AGENDA ITEM # \ .:r - REGULAR MEETING F MARCH 20 2007
ORDINANCE NO. 8-07 (SECOND READING/SECOND PUBLIC
HEARING.)
SUBJECT:
DATE:
MARCH 16, 2007
This ordinance is before Commission for second reading and second public hearing for a city initiated
amendment to the Land Development Regulations (LDR) Article 4.5, "Overlay and Environmental
Management Districts", Section 4.4.9, "General Commercial District", and Section 4.4.12, "Planned
Commercial District", to accommodate redevelopment at the intersection of West Adantic Avenue
and Military Trail.
At the ftrst reading on March 5, 2007, the Commission passed Ordinance No. 8-07.
Recommend approval of Ordinance No. 8-07 on second and ftnal reading.
S:\City Oerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 8-07 2nd Reading 03.20.07.doc
FROM:
DA~~D
PAUL DORLlNG, AICP, D CTOR OF PLANNING & ZONING
TO:
SUBJECT: MEETING OF MARCH 5, 2007
CONSIDERATION OF AMENDMENTS TO LAND DEVELOPMENT
REGULATIONS SECTION 4.5.14, "OVERLAY AND ENVIRONMENTAL
MANAGEMENT DISTRICTS", SECTION 4.4.12 "PLANNED COMMERCIAL
DISTRICT" AND SECTION 4.4.9 "GENERAL COMMERCIAL DISTRICT"
RELATED TO THE CREATION AND IMPLEMENTATION OF THE FOUR
CORNERS OVERLAY DISTRICT.
The item before the City Commission is approval of amendments to the land Development
Regulations related to the creation of the Four Corners Overlay District.
Pursuant to lOR Section 1.1.6 (A), the text of the lOR 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 lOR Section 2.4.5(M).
The City-initiated amendments to the land Development Regulations are being processed to
further the policies in the Comprehensive Plan which call for implementation of innovative
development practices and the provision of a variety of housing types including workforce
housing opportunities. The amendments also implement the adopted Florida Public Officials
Design Institute's report that encourages mixed-use development, including office, commercial
and residential uses utilizing new urbanism design elements. This report was generated on
December 9th and 10th of 2004, by the Florida Public Officials Design Institute of Abacoa (a
collaboration of Florida Atlantic University Center for Urban and Environmental Solutions and
South Florida Community leaders) for the four corners site which includes the four commercial
nodes at the intersection of West Atlantic Avenue and Military Trail. The Institute published the
development recommendations in a "Design Institute Report". The Design Institute's report
included recommendations that the development mass be increased at the corners and that
incentives be implemented to provide mixed-use development, including workforce housing.
Specific recommendations included:
. Future development should highlight opportunities for a transit orientated development
(TOO) which includes mixed-use development; (TOO is usually a mixed-use development
including moderate to high density housing that emphasizes a pedestrian orientated
environment and encourages the use of public transportation);
· Encourage mixed-use development with commercial or office on the ground floor and
residential above while utilizing new urbanism design elements;
. Encourage adaptive reuse of existing structures and implement zoning changes which
promote mixed-use; and
. Overall focus for the sites should be to distinguish this intersection from others along the
Military Trail corridor.
/0. F'
City Commission Meeting of March 5, 2007
LDR Amendment of the Four Corners Overlay District
The amendments create an overlay district which is to be placed over the commercially zoned
properties (GC and PC) at the West Atlantic Avenue and Military Trail intersection. The overlay
district will encourage mixed-use development, identify permitted, conditional, accessory and
supplemental uses allowed, establish maximum thresholds for each type of use, establish
review and approval processes and provide specific development standards. The amendment
creates and delineates the overlay district under LDR Section 4.5.14, and provides for uses and
related development standards under LDR Section 4.4.9.and Section 4.4.12.
The primary function of the overlay district is to provide for a mix of office, commercial and
residential uses, including workforce housing. Office and General retail uses, including direct
support services and other retail uses, would be allowed at 100% of the overall building square
footage. Multifamily development, up to a maximum density of 30 units per acre, and limited to
a maximum of 75% of total building square footage, is proposed. A minimum of 20% of these
residential units are to be workforce housing units; are to be moderately priced units; and are
subject to LDR Article 4.7. Buildings are permitted to be a maximum height of 60 feet. Office
and commercial floor heights are to be a minimum of 12 foot floor to floor on the ground floor
with 10' above; and residential floor heights are to be 9 feet floor to floor. This district is to be
applied to properties which have Planned Commercial and General Commercial zoning
designations and are generally located at the intersection of Military Trail and West Atlantic
Avenue.
The LDR amendments were considered by the Planning and Zoning Board at their regular
meeting of February 26, 2007. The Board discussed the amendments and recommended
approval on a 5 to 0 vote (Paul Zacks and Chuck Halberg absent) by adopting the findings of
fact and law contained in the staff report and finding that the amendments are consistent with
the Comprehensive Plan and meet criteria set forth in Section 2.4.5(M) of the Land
Development Regulations.
Approve on first reading amendments to the Land Development Regulations, 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, with second reading to occur on
March 20, 2007.
Attachments:
· Ordinance No. 8-07
· Planning & Zoning Staff Report of February 26, 2007
2
ORDINANCE NO. 8-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY
AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC)
DISTRICT", SECTION 4.4.12, "PLANNED COMMERCIAL (PC)
DISTRICT"; ENACTING SECTION 4.5.14, "FOUR CORNERS
OVERLAY DISTRICT", TO PROVIDE FOR THE CREATION AND
IMPLEMENTATION OF THE FOUR CORNERS OVERLAY
DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on February 26, 2007, and voted 5 to 0
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 I. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.4.9, "General Commercial (GC) District," 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:
Section 4.4.9 General Commercial (Gel District:
(A) Purpose and Intent: The General Commercial (GC) District provides basic regulations for small
parcels which are best suited for general retail and office uses. In addition, this district has provisions in the
Four Comers Overlay District which encourages mixed use development that may include retail. office, and
multi-family uses. but which arc not of sufficient size to be designed in a planned sense. The GC designation is
applied to small parcels, most of which are developed, where adherence to standard regulations is most
appropriate. The GC designation is to be applied primarily along arterial and collector streets. Uses may be
conducted singularly or in combination within the same structure.
(B) Principal Uses and Structures Permitted: The following are allowed within the GC District as
permitted uses, except as modified in the Four Comers Overlay District by Section 4.4.9(G)(2)(a).
(I) General retail uses including, but not limited to:
* Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor covering,
cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and
slipcovers, medicines and prescriptions, electrical fixtures and supplies, fabrics, fish,
flowers and plants, fruits and vegetables, food, garden supplies, gifts, glassware, hardware
and paints, home furnishings, ice cream, lawn care equipment, leather goods, luggage,
medical and surgical equipment, music and musical instruments, nautical supplies,
office furniture equipment and supplies, pets and pet supplies, photographic equipment
and supplies, sewing supplies, sporting goods, toys, wearing apparel and accessories,
appliances, bicycles, business machines, jewelry.
(2) Business and Professional uses including, but not limited to:
* Interior decorating, medical and dental clinics, medical and dental laboratories,
photographic studios, printing and publishing, professional offices.
(3) Contractor's Offices, including but not limited to:
* Air conditioning, general contractor, electrical, painting, and plumbing; however, any outside
storage of materials is prohibited.
(4) Services and Facilities including, but not limited to:
* Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on-site
processing for customer pickup only, dry cleaning and laundry pickup stations, financing e.g.
banks and similar institutions including drive-through facilities, laundromats limited to
self-service facilities, pet grooming, restaurants including drive-in and drive-through,
tailoring, tobacconist, vocational schools limited to arts and crafts, business, beauty,
dancing, driving, gymnastics, photography, modeling, and karate-judo, small item repair, and
rental of sporting goods and equipment (such as but not limited to bicycles, skates, boogie
boards).
* Abused spouse residence with forty (40) or fewer residents, galleries, broadcast studios, butcher
shops, cocktail lounges, exercise facilities e.g. gyms and clubs, indoor shooting ranges,
2
ORD, NO, 8-07
museums, libraries, newsstands, commercial or public parking lots and parking garages,
theaters excluding drive-ins.
(5) Dwelling units in the same structure as commercial uses provided that: commercial uses must
be provided on the ground floor; commercial uses on the ground floor must occupy no less than 25% of the
total structure excluding square footage devoted to vehicular use; residential uses are not located on
the ground level; residential uses and non-residential uses are physically separated and have separate access
ways; and the residential density does not exceed 12 units per acre, except the Four Comers District which may
have a free standing residential building as part of a multi-building unified master plan or the residential
component may be a part of a single mixed use building. The density of the Four Comers Master Plan shall not
exceed 30 dwelling units per acre and is subiect to the provisions under Section 4.4.9 (G)(2)(d)(4).
(6) Astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists,
numerologists and mental healers, subject to the locational restrictions of Section 4.4.9(H)(3).
(7) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1).
(C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or
accessory to, the principal use.
(1) Parking lots;
(2) Refuse and service areas;
(3) Provision of services and repair of items incidental to the principal use;
(4) Storage of inventory either within the same structure as where the sale of goods occurs or in a
separate structure on the same parcel provided that such storage facilities are not shared or leased
independent of the primary commercial use of the site;
(5) Single family detached dwellings for residence by business owners, proprietors, or employees.
(D) Conditional Uses and Structures Allowed: The following are allowed as conditional uses within the
GC District, except as modified in the North Federal Highway Overlay District by Section 4.4.9(G)(I) and
excelJf as modified in the Four Corners Overlav District hv Section 4,4. 9(G) (2) (c ).
(1) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section
4.3.3(D).
(2) Amusement game facilities.
(3) Wash establishments or facilities for vehicles.
3
ORD. NO. 8-07
(4) Child Care and Adult Day Care.
(5) Clubs and Lodges; social, fraternal, and recreational not exceeding 3,500
sq. ft. of gross floor area.
(6) Drive-in Theaters.
(6) Flea Markets, bazaars, merchandise marts, and similar retail uses.
(7) Funeral Homes.
(8) Gasoline Stations or the dispensing of gasoline directly into vehicles.
(9) Hotels and Motels.
(10) Free-standing multiple-family housing subject to the requirements of the RM District except
for setback and height requirements which shall be pursuant to this Section.
(11) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf
courses, skating rinks.
(12) Sales and service of All Terrain Vehicles and personal watercraft (waverunners, jet
skis), with no outside display, outside storage or outside service.
(13) Vehicle care limited to the changing of oil and filters, and lubrication with no mechanical work or
outside storage of vehicles except as a part of a gasoline station.
(14) Veterinary Clinics
(15) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in
Section 4.3.3(1).
(16) Adult Gaming Centers.
(17) Churches or places of worship, and their attendant Sunday school, recreational and
columbarium facilities not exceeding 3,500 square feet of gross floor area. The foregoing does not allow
establishment of educational and care uses such as elementary school and general day care.
(18) Multiple family residential development may exceed twelve (12) units per acre, up to a
maximum of eighteen (18) units per acre within the Infill Workforce Housing Area, subject to the
provisions of Section 4.4.6(1), and Article 4.7, and subject to the requirements of the RM District except for
setback and height requirements, which shall be pursuant to this Section.
4
ORD. NO, 8-07
(E) Review and Approval Process:
In established structures, uses shall be allowed therein upon application to, and approval by, the Chief
Building Official for a certificate of occupancy.
For all new development, site plan approval must be granted by the Site Plan Review and Appearance
Board pursuant to Sections 2.4.5(F), (G), (1), except for development in the Four Comers Overlay District which is
subiect to the provisions of Section 4.4.9(E)(4) below.
Conditional uses must be approved pursuant to the provisions of Section 2.4.5 (E).
All Development within the Four Comers District shall be governed by a Master Development
Plan (MDP). The MDP shall consist of a narrative~ a land use map~ conceptual site plan,
landscaping, and utility plans; and conceptual elevations and architectural information. A
MDP shall be processed pursuant to Section 2.4.5(F) with approval granted by the Planning and
Zoning Board. A MDP may be modified pursuant to Section 2.4.5(G). Any new development
approval must be granted by the Site Plan Review and Appearance Board with respect to Sections
2.4.5(F), ill), and en and be consistent with the approved Master Development Plan (MDP). A site plan
modification shall follow procedures outlined in Section 2.4.5(G).
(a) Applications for site plan approval pursuant to Section 4.4.13(1) must include, in
addition to the standard application items of2.4.3(A), a site and development plan (including
landscaping, elevations, and floor plans) that is of sufficient detail to determine that the
applicable performance standards are being met. Final approval ofthe detailed site plan is
by the Site Plan Review and Appearance Board and is to be consistent with adopted
(MDP).
(b) Waivers and internal adiustments to these standards may be approved by the Planning and
Zoning Board concurrent and as a part of the approval of a Master Development Plan (MDP).
(c) When considering a Master Development Plan (MDP) in the Four Comers Overlay, the
Planning and Zoning Board may attach suitable conditions. safeguards. and stipulations to
address the specific characteristics ofthe site and potential impacts of the proposed
development.
(F) Development Standards: The development standards set forth in Section 4.3.4 shall apply except
as modified below:
(1) If there is no vehicular access available to the rear of any structure, a side setback of ten feet (10')
shall be provided. For a side interior lot, a ten foot (10') setback is required only on one (1) side.
5
ORD. NO. 8-07
(2) North Federal Hiehwav Area: The following development standard shall apply to parcels which
have frontage on North Federal Highway or the North Federal Highway one-way pairs (N.E. 5th Avenue and
N.E. 6th Avenue) between N.E. 4th Street and the north City limits.
(a) Parcels shall have a minimum front building setback of five feet (5') measured from the
ultimate right-of-way line. The maximum setback shall be fifteen feet (15'), unless it can be
demonstrated to the Site Plan Review and Appearance Board that it is not feasible to
comply with this standard.
(3) Four Corners Overlav District: The following development standards shall apply to parcels within
the Four Comers Overlay District:
(a) Minimum Site Area:
1. Minimum site area for the total development within the Four Comers Overlay District
is to be four (4) acres. However, the approving body for the Four Comers Overlay may
grant a waiver to the four acre requirement upon a determination that the development is
consistent with the purpose and intent of the Four Comers Overlay District and attempts
have been made to aggregate adjacent parcels. Evidence must be provided that
aggregation is not feasible.
(b) Minimum Floor Area:
I. Residential units are subject to the minimum square footage per unit requirements of
LDR Section 4.3.4(K) (Development Standards Matrix for Residential Zoning Districts -
Subnote #1).
(c) Lot Coverage:
1:. Lot coverage by building, pavement and hardscape site
improvements shall not exceed 75% of the area of development of any individual lot.
(d) Perimeter Buffers:
1:. A landscape buffer shall be provided around the perimeter of
each parcel within the development pursuant to the applicable buffers as listed below
in this section. Parking, structures, perimeter roadways, and other paving is not
permitted within this buffer except for bicycle paths, sidewalks, jogging trails, and
driveways or access streets which provide ingress and egress for traffic and which
are generally perpendicular to the buffer. The width of the buffer shall be the smaller
distance of either the dimensions below or 10% of the average depth of the property;
however. in no case shall the landscape area be a width of less than ten (0) feet:
6
ORD. NO. 8-07
a. When adiacent to a collector or arterial street
b. When abutting residentially zoned property
c. When adiacent to but separated from residentially wned
property by a street, waterway, alley, railway or park
d. When abutting non residentially zoned property
e. When commercial and/or office uses abut residential parcels
within the Four Comers Overlay master development plan.
30 feet
40 feet
25 feet
25 feet
25 feet
(e) Building Height:
I. Buildings shall be allowed to a maximum height of sixty feet (60) on parcels of four
acres or more and a maximum of 48' for parcels less than four acres.
(f) Setbacks:
I. Atlantic Avenue / Military Trail Frontage: To the greatest extent possible buildings
shall be placed at the minimum setback of thirty (30) feet to a maximum building height of
42'. Thereafter, additional setbacks for the portion of the building exceeding 42' shall be a
minimum of an additional I 0'.
2. If a Master Plan consists of multiple parcels, the setback from the internal parcel lines shall be
25 feet.
3. Master Development Plan (MDP) perimeter non-frontage setbacks shall be consistent with
the applicable perimeter buffers as specified in Sections (F)(3)( d)
(G) Supplemental District Ret!ulations: In addition to the supplemental district regulations set forth
in Article 4.6, the following supplemental district regulations shall apply in the GC District.
(1) North Federal Hit!hwav Overlay District: The following supplemental district
regulations apply to the North Federal Highway Overlay District, as defined in Section 4.5.7.
(a) In addition to the uses listed in 4.4.9 {D), the following light industrial uses are
allowed as conditional uses:
Fabrication and/or assembly of manufactured materials or parts for distribution or
sale, such as sheet metal, sign shops, glass shops, electronics, cabinet and
furniture making.
The wholesaling, storage and distribution of products and materials.
Self service storage facilities that comply with subsection (c) below.
7
ORD, NO. 8-07
(b) All uses listed under subsection (a) above must:
1. Operate in conjunction with a permitted service or retail use that is located on
the premises;
2. Maintain a commercial facade along North Federal Highway, with the light
industrial aspect of the business oriented toward Dixie Highway;
3. Operate within an enclosed building, with no outside storage;
4. Orient overhead doors away
where existing, or where the
not feasible to comply; and,
from adjacent
approving body
except
it is
rights-of-way,
determines that
5. Along the property line adjacent
landscape buffer consisting of a 4'
25 feet on center to form a solid tree line.
to Dixie Highway, provide a
high hedge, and trees planted
c) In addition to subsection (b) above, any self service storage facility shall comply with the
following. The following regulations supersede Section 4.3.3(A).
L Lot Area:
(a) The minimlUlllot area is 1.5 acres and the maximlUlllot
area is 3 acres.
d) Facilities and Requirements:
1. Outdoor bay type
face a street IS
shall be. designed
adjacent roads.
access to individual self-storage units that
prohibited. The exterior loading access points
in such a way to minimize sight lines from
2. No building shall exceed forty-eight feet (48') in height.
3. Parking shall be provided at the rates set forth in Section 4.6.9
for the permitted service, office and retail uses and for self-
storage uses, parking shall be at a rate of one (1) parking
space per 100 storage units or portion thereof, including: (a) a
minimum of three (3) loading spaces for the self-service
storage facility that must be striped and signed to limit the time
for loading and unloading to one (1) hour; and in addition (b)
three and one-half (3.5) spaces for each 1,000 square feet of
8
ORD. NO, 8-07
accessory office use associated with the
Notwithstanding the above, a minimum of
spaces other than loading spaces shall
connection with the self-storage use.
self-storage use.
five (5) parking
be provided in
4. At least 2,500 square feet
to at least one additional
limiting the foregoing.
eating and drinking
of ground floor area shall be devoted
principal retail or service use without
The additional principal uses may be
establishments, retail or personal service.
(e) Limitation of Uses:
1. Activities not related to the rental or lease of self-storage units shall not
be conducted within the self service storage facility area, unless
specifically permitted through the conditional use process.
2. Except as otherwise provided in subsection (c), no business or activity
other than self storage shall be
conducted from any self-storage unit in the facility. Examples of
prohibited uses include, but are not limited to the following: the servicing,
repair and/or restoration of automobiles, boats, recreational vehicles,
and/or restoration of automobiles, boats, recreational vehicles,
lawnmowers and the like; moving and self-storage companies; cabinet
making and wood working (whether personal or professional);
personal hobbies and arts and crafts; and any other activity unless
specifically permitted through the conditional use process.
3. Except as otherwise provided in this subsection ( c), there shall be no
electrical power provided to, or accessible from any individual self-
storage units. This includes the provision of lighting fixtures to the
interior of a self-storage unit, unless specifically addressed in the
conditional use approval. The use of portable generators is also
prohibited.
4. The use or storage of any hazardous materials is prohibited.
5. The terms and conditions of this section shall be clearly expressed in
all self-storage rental or leasing contracts, as well as conspicuously
displayed in plain view on a sign no smaller than one foot (T) by two
feet (2') in the leasing office at the facility.
(f) On-Site Manager: An on-site manager shall be employed at the facility during
all hours of operation.
9
ORD. NO. 8-07
(g) Hours of Operation: Customers of the self service storage facility may not
access individual self-storage units before 5:00 a.m. or any later than 9:00
p.m. Hours of operation may be further restricted when it is deemed that
morning and evening traffic into and out of the facility may negatively impact the
character of an adjacent residential area. In no circumstance shall customers of
any self service storage facility have 24 hour access to their self-storage unites).
@ Landscape Requirements: In addition to all applicable landscape
requirements and other special proVISIOns pursuant to the individual
zone district, a minimum ten foot (10') landscape buffer shall be
required adjacent to Federal Highway and Dixie Highway and a
mIrnmum five foot (5') landscape buffer shall be required along all
property lines that do not abut a roadway.
(i) Outdoor Storage of vehicles. Boats & Truck Rental: Outdoor
storage of boats and vehicles and truck rental is prohibited.
(i) Architecture: All self service storage facility buildings must comply
with the following architectural standards.
1. Building facades visible from the public right-of-way shall have
the appearance of a service and/or retail building through the
use of doors, windows, awnings, and other appropriate building
elements.
2. Exterior building material shall be stucco or a similar material.
3. Buildings that can accommodate two or more
designed where facing a street to have the
multi-story building through the use of
awnings, canopies or other appropriate building elements.
stories shall be
appearance of a
windows, doors,
4. Building facades facing a public right-of-way must have
minimum transparency conslstmg of windows that
visibility from the public right-of-way from the interior.
a 15%
provide
5. Detailed building elevations shall be submitted pnor to the
Conditional Use public hearing.
10
ORD. NO. 8-07
(k) Location: A self service storage facility shall not be located within
a radius of 1,000 feet of another existing self service storage
facility.
(2) Four Corners Overlay District: The following supplemental district regulations apply
to the Four Comers Overlay District, as defined in Section 4.5.13.
(a) The permitted uses shall be those uses listed in Sections
4.4.9(B)(l,2,4,5).
(b) The accessory uses shall be those uses listed in Section (C).
(c) The conditional uses shall be those uses listed in Sections (D)(l,3,4,10,12,15).
(d) Standards Pertaining to Allocation of Uses:
1. Office uses can encompass up to one hundred percent (100%) of the total building
square footage within a Four Comers Overlay master development plan.
2. Retail uses shall not encompass more than one hundred percent (100%) of the total
building area square footage of the Four Comers Overlay master development plan.
3. Hotels, motels, and residential all suite lodging shall not encompass more than 20%
of the total building area square footage ofthe Four Comers Overlay master
development plan. Notwithstanding the above, hotels, motels and residential all suite
lodging can comprise 100% ofthe floor area of an individual building within a MOP
containing multiple buildings.
4. Multi- familv Dwelling Units: Multi-family uses excluding duplexes subject to
(a)(b)(c)(d)(e) below, ranging in density not to exceed 30 units per acre subiect to the
following;
a Residential units may comprise 75% of the total floor area of the development
master plan at a maximum density of (30) units per acre and only when proposed as
part of a mixed-use development containing office and/or commercial uses.
b. Residential developments must include a minimum of20% workforce units
consisting of moderate income workforce units as defined by Article 4.7
Family/W orkforce
c. Workforce units shall be subiect to general provisions of Article 4.7.6, 4.7.7,
4.7.8,4.7.9, and 4.7.10.
11
ORD, NO, 8-07
d. For mixed-use developments, the shared parking provisions ofLDR Section
4.6.9. (C)(8) shall be allowed.
e. All residential developments shall be subiect to the Performance Standards of
4.4.13(1)(2)
(e) Standards Unique to the Four Comers Overlay District:
Where standards unique to the Four Comers Overlay District conflict with standards contained
elsewhere in the zoning, subdivision,
and landscape codes, the standards of this Subsection shall apply.
(1 ) Lot Coverage & Open Space:
(a) Land area equal to at least 25% of the individual Four Comers Overlay
District Master Development Plan (MDP) including the perimeter landscaped
boundary, shall be in open space. Landscape areas required to meet
internal parking lot design requirements. water bodies and paved areas shall
not be included in the meeting of this 25% open space requirement.
(2) Minimum Structure Size: Any free-standing non-residential principal structure shall
have a minimum floor area of 4,000 square feet: shall be architecturally consistent
with other structures in the master development plan: and shall have direct access
to and from other portions of the Four Comers Overlay development.
(3) Office and Commercial Floor Heights shall be a minimum of twelve feet (12') floor to
floor on the first floor and ten (10') floor to floor on all floors above. Residential uses shall have
a minimum nine feet (9') floor to floor on all floors. Hotel, motel and residential all suite
lodging shall have a minimum of eight feet six inches (8' 6") floor to floor on all floors.
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.
(H) Special Re2Ulations:
(1) The first ten feet of the front yard setback which is adjacent to a right-of- way shall be a
landscaped area, except within the North Federal Highway Area as defined in 4.4.9(F)(2), which is subject
to the special landscape setbacks of Section 4.3.4(H)( 6)(b), and the Four Comers Overlay district which is
subiect to special landscape buffers under Section 4.4.9 (F)(3)( d).
Within the required front landscape area, no paving shall be allowed except for driveways and walkways
which shall be generally perpendicular to the property line.
(2) Any outdoor display of sporting goods and equipment for rent is subject to the restrictions set
12
ORD. NO. 8-07
forth in Section 4.6.6(C)(3).
(3) Astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists,
numerologists and mental healers are limited to the geographical areas along N.E. and S.E. 5th and 6th Avenues
(Federal Highway pairs), between S.E. 10th Street and S.E. 3rd Street, and between N.E. 4th Street and N.E. 7th
Street, and shall be limited to no more than one of each business every three hundred feet (300'), measured in a
straight line from lot line to lot line.
(4) 24-Hour 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).
(5) No Clubs and Lodges (social, fraternal and recreational) or Church or Places of Worship
shall be located closer than seven hundred and fifty (750) feet from another such facility measured from lot
line to lot line boundary along a straight airline route.
Section 3. That Section 4.4.12, "Planned Commercial (PC) District," ofthe 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:
Section 4.4.12 Planned Commercial (PC) District:
(A) Purpose and Intent: The Planned Commercial (PC) District provides for retail, office,
and other commercial activities to be established on large sites in a well planned, functional, and
aesthetically pleasing manner. Residential uses may also be permitted as part of a mixed-use development
within the Four Comers Overlay District, provided at least 20% of the units are workforce housing units
which comply with the provisions of Article 4.7, "Family/Workforce Housing." The maximum density is
thirty (30) units per acre. The actual density will be based upon the development's ability to achieve the
performance standards of Section 4.4. 13(I)(2). The PC District shall be applied to properties designated as
commercial on the Future Land Use Map where the unified development is, or will be, in excess of five
(5) acres; or when it is appropriate to preserve the character of certain specialty retail and office centers; or
to ensure that certain high visibility areas are attractively developed.
(B) Principal Uses and Structures Permitted: The following types of use are allowed within
the PC District as a permitted use, except within the Four Comers Overlay District which shall be
pursuant to Section 4.4.9(G)(2)(a):
(1) All uses allowed as such within the GC District [Section 4.4.9(B)(1)
through (5)].
(2) Automobile brokerage, including vehicle display within an enclosed
structure, but excluding any preparation, service, or repair work.
13
ORD. NO. 8-07
(C) Accessory Uses and Structures Permitted: The following uses are allowed when a part
of, or accessory to, the principal use except within the Four Comers Overlay District which shall be
pursuant to Section 4.4.9(G)(2)(b):
(1) Parking lots.
(2) Refuse and service areas.
(3) Provision of services and repair of items incidental to the principal use.
(4) Storage of inventory either within the same structure as where the sale of
goods occurs or in a separate structure on the same parcel provided that such storage facilities are not
shared or leased independent of the primary commercial use of the site.
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the PC District except as modified in the LindelllFederal (Redevelopment Area
#6) Overlay District by Section 4.4. 12(G) and within the Four Comers Overlay District which shall be
pursuant to Section 4.4.9(G)(2)(c):
(1) All uses allowed as such within the GC District [Section 4.4.9(D)].
(2) Playhouses, Dinner Theaters, and places of assembly for commercial
entertainment purposes (e.g., concerts, live performances)
(3) Private schools and other similar educational facilities, subject to Section
4.3.3(HHH).
(4) Adult Gaming Centers.
(E) Review and Approval Process:
(I) In established structures, uses shall be allowed therein upon application to,
and approval by, the Chief Building Official for a certificate of occupancy.
(2) For any new development, approval must be granted by the Site Plan
Review and Appearance Board pursuant to Sections 2.4.5(F), 2.4.5(H), and 2.4.5(I).
(3) Conditional uses must be approved pursuant to the provisions of Section
2.4.5(E).
14
ORD. NO. 8-07
(4) A Master Development Plan may be processed for large scale or phased
projects.
(5) All development within the Four Comers Overlay District shall comply with
the provisions of Section 4.4.9(E)(4).
(F) Development Standards: In addition to the development standards set forth in Section
4.3.4, the following shall apply, except within the Four Comers Overlay District which shall be pursuant
to Section 4.4.9(F)(3):
(1) Special Landscape Area: Within the first ten feet (10') of the front yard
setback area (abutting the property line) full landscaping shall be provided. Driveways and sidewalks
shall be accommodated only when generally perpendicular to the property line.
(2) Any free-standing structure shall have a minimum floor area of 6,000 square
feet; shall be architecturally compatible with other structures, shall take access from the interior
circulation system of the development and shall be able to meet all code requirements if it were to be
situated on an outparcel. Architectural compatibility shall be determined pursuant to Section 4.6.18.
(G) Supplemental District Regulations: In addition to the supplemental district regulations
set forth in Article 4.6, the following shall apply:
(1) Development within the LindellIFederal Redevelopment Area Overlay District
(Redevelopment Area #6) shall be consistent with the provisions contained within the adopted
Redevelopment Plan for the area, as particularly described under the chapter entitled "Section 4: Plan for
Future Development."
(2) Within the portion of the Redevelopment Area that is bounded by Dixie Highway
on the west, the C-15 canal on the south, Federal Highway on the east, and Avenue K (extended) on the
north, multiple family residential development with densities of up to 16 units per acre is allowed as a
conditional use, subject to the provisions ofLDR Section 4.4.6 RM (Medium Density Residential) Zoning
District, subsection (I), Performance Standards, and based upon the development's conformance with the
applicable standards and criteria described within the adopted Redevelopment Plan.
(3) Dwelling units are permitted within the same structure as commercial uses with no
restriction on the percentage of each use allowed. In the event that residential and nonresidential uses are
located in the same structure, residential uses and nonresidential uses must be physically separated and
have separate accessways.
15
ORD. NO. 8-07
(4) All development within the Four Comers Overlay District shall also comply with
the provisions of Section 4.4.9(G)(2)(d) and (e).
(H) Special Reeulations:
(1) Where it is appropriate to limit the type, character, or intensity of use within a PC
development, this may be accomplished by affixing the added designation of "S" (Small Scale) to the PC
designation (i.e. PC-S). In such designated development, the maximum floor area which can be allocated
to a single tenant or specific use, singularly or in the aggregate, shall not exceed 60,000 square feet. (e.g.
although retail sales may exceed 60,000 sq.ft., the retail sale of home furnishings shall not exceed 60,000
sq.ft.).
(2) 24-Hour 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).
(3) No Clubs and Lodges (social, fraternal and recreational) or Church or Places of
Worship shall be located closer than seven hundred and fifty (750) feet from another such facility
measured from lot line to lot line boundary along a straight airline route.
Section 4. That Section 4.5.14, "Four Comers Overlay District," of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby
enacted to read as follows:
Section 4.5.14 Four Corners Overlay District
(A) Defined: The Four Comers Overlay District is hereby established as the area located at the four
comers of the intersection of West Atlantic Avenue and Military Trail. The Overlay District includes both
GC (General Commercial) and PC (Planned Commercial) zoned properties. All development within the
overlay district is subject to special provisions included within the GC and PC zoning district regulations.
Section 5. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 7. That this ordinance shall become effective immediately upon its passage on
second and final reading.
16
ORD, NO, 8-07
PASSED AND ADOPTED in regular session on second and final reading on this the
_dayof ,200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
17
ORD. NO. 8-07
MEETING DATE: FEBRUARY 26, 2007
AGENDA NO: IV.H.
AGENDA ITEM: CONSIDERATION OF AMENDMENTS TO LAND DEVELOPMENT
REGULATIONS SECTION 4.5.14, "OVERLAY AND ENVIRONMENTAL
MANAGEMENT DISTRICTS", SECTION 4.4.12 "PLANNED
COMMERCIAL DISTRICT" AND SECTION 4.4.9 "GENEAAL
COMMERCIAL DISTRICT" RELATED TO THE CREATION AND
IMPLEMENTATION OF THE FOUR eORNERS OVERLAY DISTRICT.
The item before the Board is that of making a recommendation to the City Commission
reg'cirCling amendments to the Land Development Regulations related to the creation of the Four
Corners Overlay District
Pursuant to LOR Section 1.1.6 (A), the text of the LOR may from time to time be amended,
chahgEfd, supplemented, or repealed. No such action, however, shall be taken until a
recbmmehdation 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 LOR Section 2.4.5(M).
The' City-initiated amendments to the Land Developrtlent Regulations are being processed to
further the policies in the Comprehensive Plan which call for the streamlining of land
development processes, implementation of innovative development practices a'nd the provision
of a Variety of housing types including workforce housing opportunities. The amendments also
implement the adopted Florida Public Officials Design Institute's report that encourag.es rnixed-
use development, including office, commercial and residential uses utilizing new urbanism
design elements. This report was generated on December 9th and 10th of 2004, by the Florida
Public Officials Design Institute of Abacoa (a collaboration of Florida Atlantic University Center
for Urban and Environmental Solutions and South Florida Community Leaders) for the four
corhers site which includes the four commercial nodes at the intersection of West Atlantic
Avenue and Military Trail. The Institute published the development recommendations in a
"Design Institute Report". The Design Institute's recommendation for the four corners site was
that a master plan in which this site would be connected as part of a cohesive development of
the intersection be prepared. The report included recommendations that the development mass
be increased at the corners and that incentives be implemented to provide mixed-use
development, including workforce housing. Specific recommendations included:
· Future development should highlight opportunities for a transit orientated development
(TOO) which includes mixed-use development; (TOO is usually a mixed-use development
including moderate to high density housing that emphasizes a pedestrian orientated
environment and encourages the use of public transportation);
· Encourage mixed-use development with commercial or office on the ground floor and
residential above while utilizing new urbanism design elements;
· Encourage adaptive reuse of existing structures and implement zoning changes which
promote mixed-use; and
IV.A.
Planning and Zoning Board Memorandum Staff Report, February 26, 2007
Four Corners Overlay District - LOR Text Amendments
. Overall focus for the sites should be to distinguish this intersection from others along the
Military Trail corridor.
The attached recommended LOR changes are proposed to implement these recommendations.
The amendments create an overlay district which is to be placed over the commercially zoned
properties (GC and PC) at the West Atlantic Avenue and Military Trail intersection. The overlay
district will encourage mixed-use development, identify permitted, conditional, accessory and
supplemental uses allowed, establish maximum thresholds for each type of use, establish
review and approval. processes and provide specific development standards. The amendment
Creates and delineates the overlay district under LOR Section 4.5.14, and provides for uses and
related development standards under LOR Section 4.4.9.and Section 4.4.12.
The primary function of the overlay district is to provide for a mix of office, commercial and
residential uses, including workforce housing. Office and General retail uses, including direct
support services and other retail uses, would be allowed at 100% of the overall building square .
footage. Multifamily development, up to a maximum density of 30 units per acre, and limited to
a maximum of 75% of total ~uilding square footage, is proposed. A minimum of 20% of these
residential units are to be workforce housing units; are to be moderately priced units; and are
subjecttoLDR Article 4.7. Buildings are permitted to be a maximum height of 60 feet. Office
ahtJ cOlTlmercial floor heights are to be a minimum of 12 foot floor to floor on the ground floor
With 10' above; and residential floor height is to be 9 feet floor to floor.
This district is to be applied to properties Which have Planned Commercial and General
Commercial zoning designations and are generally located at the intersection of Military Trail
ahd West Atlantic Avenue.
L.O~ ,$ec,ticm .2.4..5CM}-(5) (Findinas): Pursuant to LOR. Section 2.4..5(M)(5). (FindingS),. in
additicn 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.
The Goals, Objectives and Policies of the City's Comprehensive Plan were reviewed and the
following objectives and policy were found.
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.
This overlay district is being created to encourage mixed-use development of this prominent
intersection within the City Of Delray Beach. This is to be achieved through innovative
incentives including increased height and densities.
2
Planning and Zoning Board Memorandum Staff Report, February 26, 2007
Four Corners Overlay District - LDR Text Amendments
Housina Element Obiective B-2
Redevelopment and the development of new land shall result in the provision of a variety
of housing types which shall continue to accommodate the diverse makeup of the City's
demographic profile, and meet the housing needs identified in this Element. Policies
Which will implement this objective include:
The introduction of housing options .to this overlay area presents a great option to provide a
variety of housing types with an emphasis on workforce housing.
Housin(1 Element Obiective B-1
The City's existing housing supply accommodates households having a wide range of
economic ability. There is very little vacant land left, especially large tracts, for new
housing development. Through its housing programs, the City shall work to ensure that
there continues to be an adequate supply of housing to accommodate very low, low, and
moderate income households, as well as manufactured and mobile homes.
Housinfl.Eleinent Obiecti'tleS-2
Re'development and the development of new land shall result in the provision of a variety
of housing types which shall continue to accommodate the diverse makeup of the City's
demographic profile, and meet the housing needs identified in this Element.
The proposed amendment will further these objectives. The goal of the amendment is to
encourage mixed uses, including the provision of housing which is affordable to moderate
income households through the use of incentives Le. greater densities and increased height.
Based on the above, a positive finding can be made that the amendments are consistent With
and further the Goals, Objectives, and Policies of the Comprehensive Plan.
Courtesy NOlices:
Given the nature of this amendment a general notice to the following groups was given.
· Neighborhood Council
· PROD
· Presidents Council
· Sunset Pines
· Lees Crossing
· The Hamlet
Letters of objection and support, if any, will be provided at the Planning and Zoning Board
meeting.
The City-initiated amendments to LDR Section 4.5.14, Section 4.4.9, and Section 4.4.12
implement policies of the Comprehensive Plan and initiatives of the Florida Public Officials
Design Institute report which encourages establishment of mixed-use development of the Four
Corners Area. Further, the amendments will include the development of workforce and transit
oriented housing development as part of future mixed-use developments.
3
Planning and Zoning Board Memorandum Staff Report, February 26, 2007
Four Corners Overlay District - LOR Text Amendments
Move a recommendation of approval to the City Commission for amendments to the Land
Development Regulations, as it relates to the Four Corners Overlay District, 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.
Attachments:
· Proposed LOR Section 4.4.9
· Proposed LOR Section 4.4.12
· Proposed LOR Section and 4.5.14
4
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CITY OF DELRAY BEACH
NOTICE OF PROPOSED
AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS
TO ACCOMMODATE
REDEVELOPMENT AT
THE INTERSECTION OF WEST
ATLANTIC AVENUE AND
MILITARY TRAIL
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The City Commission of the City of Delray Beach, Florida, proposes to
adopt the following ordinance:
ORDINANCE NO. 8-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF CODE OF ORDINANCES, BY AMENDING
SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT" AND
SECTION 4.4.12, "PLANNED COMMERCIAL (PC) DISTRICT"; AND
ENACTING SECTION 4.5.14, "FOUR CORNERS OVERLAY DISTRICT"
TO ACCOMMODATE REDEVELOPMENT AT THE INTERSECTION OF
WEST ATLANTIC AVENUE AND MILITARY TRAIL; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFEC-
TIVE 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 Reading/First Public Hearing will be held on MONDAY. MARCH 5.
2007 at 7:00 P.M. in the Commission Chambers at City Hall, 100 N.W. 1 st
Avenue, Delray Beach, Florida. If the proposed ordinance is passed on
First Reading, a Second Reading/Second Public Hearing will be held on
TUESDAY. MARCH 20. 2007 AT 7:00 P.M. (or at any continuation of
such meeting which is set by the City Commission) in the Commission
Chambers at City Hall, 100 N.W. 1stAvenue, Delray Beach, Florida.
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All interested citizens are invited to attend the public hearing and
comment upon the proposed ordinance or submit their comments in
writing on or before the date of this hearing to the Planning and Zoning
Department. For further information or to obtain copies of the proposed
amendment, please contact Paul Dorling of the Planning and Zoning
Department, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (email at
pzmail@mydelraybeach.com), phone (561 )243-7041, between the hours
of 8:00 a.m. and 5:00 p.m. on weekdays (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 this
hearing, such person will need a verbatim record of the proceedings, and
for this purpose such person may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is based. The City does not provide or
prepare such record pursuant to F.S. 286.0105.
CITY OF DELRAY BEACH
Chevelle D. Nubin, CMC
City Clerk
PUBLISH: February 23, 2007
Tuesday, March 13, 2007
Boca Raton/Delray Beach News AD#NS0207302
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Boca Raton/Delray Beach News - Friday-Saturday March 9-10 2007 b
' ,. www.ocanews.com
100
ANNOUNCEMENTS
,101 Legal Xotices
ORDINANCE NO. 11-07
ORDINANCE OF THE CITY COM.
ISSION OF THE CITY OF DELRAY
EACH, FLORIDA, AMENDING THE
AND DEVELOPMENT REGULA.
IONS OF THE CODE OF ORDI.
ANCES, BY AMENDING SECTION
.7.2, "APPLICABILITY" TO PRO.
IDE THAT A MONETARY CONTRI-
unON MAY BE MADE RATHER
HAN PROVIDING WORKFORCE
OUSING; PROVIDING A SAVING
LAUSE, A GENERAL REPEALER
LAUSE, AND AN EFFECTIVE
ATE.
ORDINANCE NO. 12-ll7
ORDINANCE OF THE CITY COM-
ISSION OF THE CITY OF DELRAY
EACH, FLORIDA, AMENDING THE
AND DEVELOPMENT REGULA.
IONS OF THE CODE OF ORDI.
ANCES, BY CREATING SECTION
.4.11, 'DEVELOPER'S AGREE-
ENTS", TO PROVIDE FOR THE
SE OF DEVELOPER'S AGREE.
ENTS; PROVIDING A SAVING
LAUSE, A GENERAL REPEALER
LAUSE, AND AN EFFECTIVE
ATE
ORDINANCE NO. 13-07
N ORDINANCE OF THE CITY COM-
ISSION OF THE CITY OF DELRAY
EACH, FLORIDA, AMENDING THE
AND DEVELOPMENT REGULA.
IONS OF THE CODE OF ORDI.
ANCES, BY AMENDING SECTION
.5.1, "ESTABLISHMENT OF PUBLIC
RTS PROGRAM", SUBSECTION
.5.1(C), 'OWNERSHIP AND MAIN-
ENANCE"; SECTION 8.5.2, 'PUBLlC
RT ADVISORY BOARD" TO PRO-
IDE CLARIFICATION AS TO THE
SE OF FUNDS FOR THE PUBLIC
RT PROGRAM; PROVIDING A SAV-
NG CLAUSE, A GENERAL REPEAL-
R CLAUSE, AND AN EFFECTIVE
ATE.
lease be advised that if a person de.
ides ,to appeal any decision made by
he CIty Commission with respect to
ny matter considered at these hear-
ngs, such person may need 10 ensure
hat a verbatim record includes Ihe
estimony and evidence upon which
he appeal is 10 be based. The City
ces not provide nor prepare such
ecord. Pursuanllo FS. 286.0105
CITY OF DELRAY BEACH
Chevelle D Nubin. CMC
City Clerk
UBLISH: Friday, March 9, 2007
a Raton/Delray Beach News
CITY OF DELRAY BEACH,FLORIDA
NOTICE OF PUBUC HEARING
PUBLIC HEARING will be held on
he following proposed ordinances at
:00 p.m. on TUESDAY, MARCH 20,
007 or at any continuation of such
eeling which is set by the
ommission), in the City Commission
hambers, 100 N.w. 1 st Avenue, Del-
ay Beach, Florida, at Yotlich time lhe
ity Commission will consider their
doption. The proposed ordinances
~y be inspected al lhe Office 01 lhe
Ily Clerk al City Hall, 100 N.w. 151
venue, Delray Beach, Florida, be-
een the hours of 8:00 a.m. and 5:00
.m., Monday through Friday, except
lidays. All inlerested parties are in-
LIled to attend Rnd be heard wnh re-
ppocl 10 the proposed ordinances.
I ORDINANCE NO, 9-07
N ORDINANCE OF THE CITY COM-
ISSION OF THE CITY OF DELRAY
EACH, FLORIDA, REZONING AND
LACING LAND PRESENTLY
ONED GC (GENERAL
OMMERCIAL) DISTRICT TO AC
AUTOMOTIVE COMMERCIAL) DIS-
RICT; SAID LAND BEING A PAR.
EL LOCATED ON THE EAST SIDE
F DIXIE HIGHWAY, APPRO XI-
ATELY 1,250 FEET SOUTH OF
ULF STREAM BOULEVARD, AS
ORE PARTICULARLY DESCRIBED
EREIN; AMENDING "ZONING MAP
F DELRAY BEACH, FLORIDA
ARCH 2006"; PROVIDING A GEN:
RAL REPEALER CLAUSE A SAV-
NG CLAUSE, AND AN EFFECTIVE
ATE.
ORDINANCE NO. 10-07
N ORDINANCE OF THE CITY COM-
ISSION OF THE CITY OF DELRAY
EACH, FLORIDA, AMENDING THE
AND DEVELOPMENT REGULA-
IONS OF THE CODE OF ORDI-
ANCES, BY AMENDING SECTION
.4.19, 'MIXED INDUSTRIAL AND
OMMERCIAL (MIC) DISTRICT"; EN-
CTING SECTION 4.5.15, "1-95/CSX
AILROAD CORRIDOR OVERLAY
ISTRICT"; .4MENDING SECTIONS
.7, "FINDINGS', SECTION 4.7.1.
DEFINITIONS", SECTION 4.7.2,
APPLICABILITY", SECTION 4.7.5,
DENSITY BONUS PROGRAM FOR
HE SOUTHWEST 10TH STREET
VERLAY DISTRICT", TO PROVIDE
OR THE CREATION OF A NEW
ORKFORCE HOUSING OVERLAY
~ISTRICT; PROVIDING A SAVING
LAUSE, A GENERAL REPEALER
, LAUSE, AND AN EFFECTIVE
ATE.
ec~
LanddtL (~)
12