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ORDINANCE NO. 12-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION
4.4.13(F), "DEVELOPMENT STANDARDS", OF' THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH,
FLORIDA, BY ADDING SUBPARAGRAPH 4.4.13(F)(2) TO
REDUCE THE MINIMUM OPEN SPACE REQUIREMENT WITHIN THE
CBD ZONING DISTRICT; AMENDING SECTION 4.3.4(K),
"DEVELOPMENT STANDARDS MATRIX", BY AMENDING THE
MAXIMUM LOT COVERAGE REFERENCE FOR THE CENTRAL
BUSINESS DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of January 23,
1995, and has forwarded the change with a recommendation of approval
by unanimous vote; 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
objectives and policies of, the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
$_~ That Chapter Four, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD)
District", SubsectiOn 4.4.13(F), "Development Standards", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as follows:
(F) Development Standards: ~//~~//~//~he
development standards set forth in Section 4.3.4
shall apply, except as modified below//~/~~$~
(1) Height: The CBD is a geographic area in
which exceptions to height regulations are allowed.
/~ Open_Space: A minimum of ~0% non-vehicular
opgp space shall be provided: however, within the
area encompassed by the boundaries of the Downtown
Development Authority as originally established on
March 22. 1971. there shall be no minimum open space
requirement. Notwithstanding the provisions of this
~9~, the body acting upon a development
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application within the CBD may require that open
areas, including but not limited to courtyards.
plazas, and landscaped setbacks, be provided in order
to add interest and provide relief from the building
mass.
.The original boundaries of the Downtown Development
Authority are generally described as follows:
Commencing at a point where Northeast 1st Street
intersects with the Intracoastal Waterway. run west
along Northeast 1st Street to Swinton Avenue. then
south along Swinton Avenue to the intersection of
Swin~on Avenue with the east-west alley south of
Atlantic Avenue in Block 69 (as in Plat Book 2. Page
47% and Block 77 (as in Plat Book 1. Page 3~. then
east along the alley to the intersection with the
Dorth-south alley in Block 77. then south along that
alley to Southeast 1st Street. then east along
~outheast /st Street to the intersection with the
north-south alley in Block 117 (as in Plat Book 1.
Page 3) east of Southeast 6th Avenue. then north
along the alley in Block 117 to the northwest corner
of Lot 18. Block 117. then east along the south line
Of LOt 17 of Block 117. and the south line of Lots
10. 45. 57 and 92 of Palm Square. an unrecorded plat
located in Block 125 and the North Half of Block 133.
as in Plat Book 1. Page 3). to the Intracoastal
Waterway. then north along the Intracoastal Waterway
to the Point of Beginning.
~_~ That Chapter Four, "Zoning Regulations", Article
4.3, "District Regulations, General Provisions", Section 4.3.4, "Base
District Development Standards", Subsection 4.3.4(K), "Development
Standards Matrix", of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
Maximum
Lot Coverage
Central Business District (CBD) f~y (1)
~_~ That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
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~ That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1995.
M A Y O R
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 12-95
FAILED ON FIRST READING - 2/7/95
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ /-~'~' - MEETING OF FEBRUARY 7. 1995
FIRST READING FOR ORDINANCE NO. 12-99/OPEN SPACE
REOUIREMENTS IN THE CENTRAL BUSINESS DISTRICT
DATE: FEBRUARY 3, 1995
This is first reading for Ordinance No. 12-95 which amends the Land
Development Regulations by reducing open space requirements within
the Central Business District (CBD). The amendment was initiated
by the City Commission on November 1, 1994, at the request of the
Community Redevelopment Agency, based on the premise that the
current 25% open space requirement is inappropriate for the
downtown area, especially along Atlantic Avenue where buildings
extend to property lines. Please refer to the staff documentation
for further analysis.
The Planning and Zoning Board reviewed this item on January 23,
1995. The initial proposal was to delete the minimum open space
requirement entirely from the CBD, leaving it to the approving
board (SPRAB) to determine on a case by case basis if any open
space should be provided. While the Board supported the deletion
for'that area lying within the original DDA boundaries, they felt a
minimum open space requirement of 10% should continue for the rest
of the CBD. The Board voted unanimously to recommend approval of
the modified amendment.
Recommend approval of Ordinance No. 12-95 on first reading. If
passed, public hearing on February 21, 1995.
ref: agmemol4
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ORDINANCE NO. 12-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION
4.4.13(F), "DEVELOPMENT STANDARDS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH,
FLORIDA, BY ADDING SUBPARAGRAPH 4.4.13(F)[2) TO
REDUCE THE MINIMUM OPEN SPACE REQUIREMENT WITHIN THE
CBD ZONING DISTRICT; AMENDING SECTION 4.3.4(K),
"DEVELOPMENT STANDARDS MATRIX", BY AMENDING THE
MAXIMUM LOT COVERAGE REFERENCE FOR THE CENTRAL
BUSINESS DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of January 23,
1995, and has forwarded the change with a recommendation of approval
by unanimous vote; 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
objectives and policies of, the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~ That Chapter Four, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD)
District", Subsection 4.4.13(F), "Development Standards", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as follows:
(F) Development Sta,4ards: ~ll~4~$~ll~ll~The
development standards set forth in Section 4.3.4
D]i~, except as modified below//~¢/~W~
(1) Height: The CBD is a geographic area in
which exceptions to height regulations are allowed.
[2) Open Space: A minimum of ~0% non-vehicular
open space shall be provided: how~¥er, within the
area encompassed by the boundaries of the Downtown
Development Authority as originally established on
March ~2.' 1971. there shall be no minimum open space
requ~=~ment. Notwithstanding the provisions of this
section, the body acting upon a development
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application within the CBD may require that open
areas, including but not limited to courtyards.
plazas, and landscaped setbacks, be provided in order
to add interest and provide relief from the buildina
mass.
The original boundaries of the Downtown Development
Authority are generally described as follows.
QQ~mencing at a point where Northeast 1st Street
intersects with the IntracOastal Waterway. run west
along Northeast 1st Street to Swinton Avenue. then
south along Swinton Avenue to the intersection of
Swinton Avenue with the east-west alley south of
Atlantic Avenue. in Block 69 (as in Plat Book 2. Page
43) and Block 77 (as in Plat Book 1. Page 3). then
east along the alley to the intersection with the
'north-south alley in Block 77. then south along that
alley to Southeast 1st Street. then east alona
Southeast 1st Street to the intersection with the
north-south alley in Block 117 (as in Plat Book
Page 3) east of Southeast 6th Avenue. then north
along the alley in Block 117 to the northwest corner
of Lot ~8.. Block 117. then east along the south line
of Lot 17 of Block 117. and the south line of Lots
~0. 45. 57 and 92 of Palm Square. an unrecorded plat
located in Block 125 and the North Half of Block 133.
as iB Plat Book 1. Page 3). to the Intracoastal
Waterway. then north along the Intracoastal Waterway
to the Point of Beginning.
~ That Chapter Four, "Zoning Regulations", Article
4.3, "District Regulations, General Provisions", Section 4.3.4, "Base
District Development Standards", Subsection 4.3.4(K), "Development
Standards Matrix", of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
Maximum
Lot Coverage
Central Business District (CBD) f~y
$_~ That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
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~ That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1995.
M A Y 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 12-95
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CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: DIANE DOMINGUEZ,
DIRECTOR OF PLANNING & )ZONING
SUBJECT: MEETING OF FEBRUARY 7, 1995
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRs)
REDUCING OPEN SPACE REQUIREMENTS IN THE CBD (CENTRAL
BUSINESS DISTRICT) ZONING DISTRICT.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an amendment to the LDRs, regarding open space
requirements in the CBD zoning district.
The affected LDR sections are 4.4.13(F), Central Business
District~ Development Standards, and 4.3.4(K), Development
Standards Matrix.
BACKGROUND:
This amendment was initiated by the City Commission on November
1, 1994, at the request of CRA Director Chris Brown. The
attached staff report provides the background and analysis of
the request, including the recommendations of the Community
Redevelopment Agency (CRA) and the Downtown Development
Authority (DDA).
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of January 23, 1995. The amendment proposed to delete
the minimum open space requirement (currently at 25%) for the
entire area zoned CBD, replacing it with language that allows
the approving body (i.e. SPRAB) to determine on a case by case
basis if any open space should be provided.
The Board supported the deletion of any minimum open space
requirement within the original DDA area (roughly, between N.E.
1st St. and S.E. 1st St., between Swinton Avenue and the
Intracoastal Waterway). However, they felt that a minimum
requirement of 10% should apply to the remainder of the CBD. It
was the Board's position that a minimum requirement would ensure
that some open area was being provided, and that 10% was more
City Commission Documentation
LDR Amendment to Open Space Requirements in the CBD
Page 2
realistic in a downtown setting than the current 25%
requirement. The Board voted unanimously to recommend the
amendment as modified.
PROPOSED AMENDMENT
The amendment, as modified by the Planning and Zoning Board's
recommendation, is as follows:
* Amendment to Section 4.4.13 - Central Business District
(F) Development Standards: ~ ~~ ~ ~The_
development standards set forth in Section 4.3.4 shall apply,
except as modified below~ Z~ f~II~ ~II ~I~ ~I~:
(2) Open Space: A minimum of 10% non-vehicular open space
shall be provided; however, within the area encompassed by the
boundaries of the Downtown Development Agency as originally
established on March 22~ 1971, there shall be no minimum open
space requirement. Notwithstanding the provisions of this
section~ the body acting upon a development application within
the CBD may require that open areas, including but not limited
to courtyards, plazas, and landscaped setbacks, be provided in
order to add interest and provide relief from the building mass.
* Amendment to Section 4.3.4(K) - Development Standards
Matrix - Nonresidential Zoning Districts
For the Central Business District zoning, under the column
entitled "Maximum Lot Coverage," replace the number "(3)"
referring to the 25% open space requirement, with the number
"(1)", which instructs users to refer to the individual zoning
district ordinance for the specific regulation.
RECOMMENDED ACTION:
By motion, approve the amendment to Sections 4.4.13 (F) and
4.3.4 (K) of the Land Development Regulations as proposed
herein.
Attachment:
* P&Z Staff Report & Documentation of January 23, 1995.
T:CCOSCBD.DOC
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: JANUARY 23, 1995
AGENDA ITEM: V. B. AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS REDUCING THE OPEN SPACE REQUIREMENTS
IN THE CBD (CENTRAL BUSINESS DISTRICT).
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation to the City Commission regarding an
amendment to the Land Development Regulations (LDRs). ..--
The affected sections are 4.4.13(F), Central Business
District, Development Standards, and 4.3.4(K), Development
Standards Matrix.
BACKGROUND:
This amendment was initiated by the City Commission on November
1, 1994, at the request of CRA Director Chris Brown. The basis
for the request was that the current minimum open space
requirement of 25% is not appropriate for the downtown area,
especially along Atlantic Avenue where buildings extend to
property lines, leaving little or no ability to provide open
space.
ANALYSIS:
Prior to 1990, there was no minimum open space requirement in
the CBD. With the adoption of the LDRs in 1990, a 25% open
space requirement was added to a number of zoning districts,
including the CBD.
Planning staff and CRA staff have agreed for some time that the
25% requirement is impractical for a downtown setting. In the
original Downtown Development Authority (DDA) area--one block
north and south of Atlantic Avenue from Swinton Avenue to ~he
Intracoastal--structures can be built without front, rear, or
side setbacks. The intent of these reduced standards is to
encourage dense, compact, development that is urban in nature.
The 25% open space requirement seems contrary to that intent,
and most properties in the original DDA area do not meet that
standard.
The proposed amendment would delete the 25% minimum requirement
for the CBD and add the following language to Section 4.4.13
(F), CBD Development Standards:
V.B.
P & Z Board Memorandum Staff Report
LDR Amendment RE: Open Space Requirement in the CBD
Page 2
(2) Open Space: There is no minimum open space
requirement in the CBD zoning district. However, the
approving body acting upon a development application may
require the provision of areas such as courtyards, plazas,
landscaped setbacks, etc., in order to add interest and
provide relief from building mass.
The Development Standards Matrix will also be amended to delete
the 25% open space requirement from the column titled "Maximum
Floor Area."
As a result of this amendment, the buildings along Atlantic
Avenue would become conforming with respect to open space. The
amendment would allow the accommodation of~ the type of denSe-
urban development that is appropriate in a downtown setting, an~
would delete an impediment to future redevelopment of the area.
While no minimum open area is established, the approving board
has the ability to require landscaped and open areas where
appropriate.
As written, the amendment would apply to all property zoned CBD,
including those areas north and south of the one-way pairs, and
east of the Intracoastal. In reality, however, properties
outside of the original DDA area would continue to be subject to
code requirements that will ensure the provision of a certain
amount of open space. Those properties must provide a 10'
building setback along the front, street side, and rear, which
will provide for some landscaped areas. Additionally, most
developments north and south of the downtown core have their own
parking lots, which by code must have perimeter and interior
landscaping. And as provided in the proposed amendment,
additional open space could be required by the approving board
where appropriate.
REVIEW BY OTHERS:
The CRA Board considered this item at its meeting of December 8,
1994, but deferred taking action based upon concerns over
whether or not it should apply to the entire CBD, or only to the
original DDA area. That discussion was continued to the meeting
of January 12, 1995. At that meeting the Board discussed the
potential for redevelopment of Pineapple Grove Main Street, and
also noted that many buildings in the CBD district east of the
Intracoastal do not currently conform to the 25% requirement.
Following that discussion the consensus of the Board was that
the 25% minimum should be deleted from the entire CBD. They
voted unanimously to recommend approval of the amendment as
proposed.
P & Z Board Memorandum Staff Report
LDR Amendment RE: Open Space Requirement in the CBD
Page 3
The DDA Board considered the amendment at its meeting of January
18, 1995. The members supported the deletion of the minimum
open space requirement from the original DDA area and along
Atlantic Avenue east of the Intracoastal. They stated that the
25% should continue to apply to the remainder of the CBD, but
that there should be some ability to waive the requirement where
appropriate.
RECOMMENDED ACTION:
By motion, approve the proposed amendment to the Land
Development Regulations as follows:
* Add Section 4.4.13 (F)(2) to eliminate the 25% minimum open
space requirement from the CBD zoning district; and,
* Delete the 25% minimum open space requirement for the CBD
district from the Development Standards Matrix --[Section
4.3.4(K)] .
Report prepared by: Diane Dominguez
T:PZCBDOB.DOC
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~I
SUBJECT: AGENDA IT~
INITIAT
DATE: OCTOBER 28, 1994
This is before the Commission to consider initiating amendment to
has been requestd by the Community Redevelopment Agency.
Within the original Downtown Development Authority area, struc-
tures can be built with zero front, rear and side setbacks. The
intent of these reduced standards is to encourage dense, compact
development in an urban environment. The current open space
requirement of 25 percent is viewed as contrary to that intent
and burdensome for properties in the downtown area.
Recommend initiating an amendment to Section 4.3.4(K) of the Land
Development Regulations relative to reducing the open space
requirement within the Central Business District for review and
recommendation by the Planning and Zoning Board.
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
FROM:
DIANE DO G , ~
DIRECTOR OF PLANNING & Z~NG
SUBJECT: MEETING OF NOVEMBER 1, 1994
INITIATION OF LDR AMENDMENT REDUCING THE OPEN SPACE
REQUIREMENT FOR PROPERTIES LOCATED IN THE CBD (CENTRAL
BUSINESS DISTRICT)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
initiation of an amendment to LDR Section 4.3.4 (K),
Development Matrix.
The amendment is to reduce the open space requirement in
the CBD zoning district from 25% to 10%.
BACKGROUND:
This amendment has been requested by the Community Redevelopment
Agency (see attached letter). CRA Director Chris Brown notes
that the current open space requirement of 25% is burdensome
for properties in the downtown area, especially those fronting
on Atlantic Avenue. He suggests that 10% might be a more
reasonable requirement.
ANALYSIS
Planning staff and CRA staff have agreed for some time that the
25% requirement is impractical for a downtown setting. In the
original Downtown Development Authority area (one block north
and south of Atlantic Avenue from Swinton Avenue to the
Intracoastal), structures can be built with zero front, rear and
side setbacks. The intent of these reduced standards is to
encourage dense, compact development that is urban in nature.
An open space requirement of 25% seems to be contrary to that
intent.
If initiated, additional analysis of the amendment will be
provided, and the Planning and Zoning Board will have an
opportunity to make a recommendation. Whether or not the open
space requirement should be reduced throughout the entire CBD,
or just in the original DDA area, will be addressed at that
time.
City Commission Documentation
Initiation of LDR Amendment Reducing the Open Space Requirement
for Properties Located in the CBD (Central Business District)
Page 2
RECOMMEND ED ACTION:
By motion, initiate an amendment to Section 4.3.4 of the Land
Development Regulations, reducing the open space requirement
within the Central Business District (CBD).
Attachment:
* Memorandum of request from CRA Director Chris Brown
Community
Redevelopment
Agency
Delray Beach
MEMO TO: Diane Dominguez
FROM: Chris Brown ~__~'~
DATE: October 10, 1994
RE: Open Space Requirement for the CBD Zoning Districts
Diane:
We strongly recommend that the open space requirement in the CBD, especially for properties
fronting on Atlantic Avenue, be revised. The current requirement of 25% is onerous to those
properties fronting pedestrian-oriented streets in which the buildings are either set on the
property (hence a zero set back) or up to 15 feet. The area between the building front and the
street should be encouraged to be "hardscaped" rather than "landscaped" with bothersome
vegetation.
We would suggest analyzing a reduction to 10% open space in the CBD district and would like
to be part of any discussion concerning this adjustment in the Land Development Regulations.
Thank you for your assistance and direction in this matter.
207 E. Atlantic Avenue, Delray Beach, FL 334~.4 (407) 276-8640 / Fax (407) 276-8558