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24-95 ORDINANCE NO. 24-95 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 April 17, 1995, and has forwarded the change with a recommendation of ~pproval 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: Section 1. 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 .~hall apply, 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 10% nQn-vghicul~r open space shall be provided; however, within the area encompassed by the boundaries of the original Downtown Development Authority as described in Section 8.2.2(B). and within th~ ~ion Qf %h~ CBD zoning district located east of .the Intracoastal Waterway, ~here shall be no minimum open spa~e requirement, Notwithstanding the provisions of thi~ 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. Section 2, That Chapter Four, "Zoning Regulations", Article 4.3, "District Regulations, General Provisions", Section 4.3.4, "Base District Development Standards", Subsection 4.3.4(K), "Development Standards Matrix", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Maximum Lot Coverage Central Business District (CBD) f~y Section 3, That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4, That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That 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 16th day of May 1995 ATTEST: ' citY C~erk ' First Reading May 2, 1995 Second Reading May 16, 1995 - 2 - Ord. No. 24-95 CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN , MAN.AGER FROM: DIANE DOMINGUEZ ,]~ ~ A4~ ZO DIRECTOR OF PLANNING & SUBJECT: MEETING OF MAY 2, 1995 AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS REDUCING THE OPEN SPACE REQUIREMENT IN THE CBD ZONING DISTRICT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of an amendment reducing the open space requirement in the CBD (Central Business District) zoning district. The affected LDR sections are 4.4.13(F) and 4.3.4(K). BACKGROUND: The original version of this amendment was before the City Commission on February 3, 1995. As proposed at the time, it would have reduced the open space requirement in the CBD from 25% to 10%, and to 0% in the original Downtown Development Authority (DDA) area. The Commission wanted the 0% requirement to extend to the CBD area east of the Intracoastal as well. The amendment was denied on first reading in order to allow for that change to be made. As this amendment refers to the original DDA area, staff has taken this opportunity to correct the way that the DDA area is described in the LDRs. The existing lengthy legal description will be supplemented by a map that illustrates both the original and expanded DDA. Those changes are being processed as a separate amendment. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of April 17, 1995. There was no public comment given, and the Board recommended unanimously that it be approved. RECOMMEND ED ACTION: By motion, approve the proposed amendments to LDR Section 4.4.13 (F) and 4.3.4(K) as described in the attached Planning and Zoning Board staff report. Attachment: * P&Z Staff Report & Documentation of April 17, 1995 * Ordinance by others PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: APRIL 17, 1994 AGENDA ITEM: V.L. REVISED LDR AMENDMENT REDUCING OPEN SPACE REQUIREMENTS IN THE CENTRAL BUSINESS DISTRICT ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission on a revised LDR amendment reducing the open space requirements in the CBD zoning district. BACKGROUND: This amendment was originally before the Board at its meeting of January 23, 1995. At that meeting, the Board voted to forward a recommendation to the City Commission that properties within the original DDA (Downtown Development Authority) area have no minimum open space requirement, and that the remainder of the CBD be required to provide at least 10%. Staff worded the amendment to include the phrase "the area encompassed by the boundaries of the Downtown Development Authority as originally established on March 22, 1971." This original DDA area is currently described by a lengthy legal description provided in Section 8.2 of the LDRs. When the amendment was forwarded to the City Commission via the City Manager, the City Manager requested that changes be made to include an abbreviated legal description of the original DDA within the CBD district regulations. Those changes were incorporated and forwarded to the City Commission. The City Commission held the first reading of the amendment on February 3, 1995. The Commission felt that in addition to the original DDA area, the CBD area east of the Intracoastal Waterway should also have no minimum open space requirement. The ordinance was denied on first reading in order to make that change. In making the changes, staff determined that including the abbreviated DDA description in the CBD zoning regulations was a bit problematic in terms of context. We also noted that the description of the expanded DDA as adopted in 1993 was never added to LDR Section 8.2. Rather than including legal descriptions that are difficult for the general public to interpret, an amendment is proposed that will provide a map of both the original and expanded DDA areas within Section 8.2. That amendment is being processed concurrent with this open space amendment. P & Z Board Memorandum Report LDR Amendment Re: Open Space in the CBD Page 2 PROPOSED AMENDMENT The revised amendment is as follows: (F) Development Standards: ~ ~~ Z~ Z~he development standards set forth in Section 4.3.4 shall apply, except as modified below~ ~ f~W~ ~ ~ ~: (1) Height: The CBD is a geographic area in which exceptions to height regulations are allowed. (2) Open Space: A minimum of 10% non-vehicular open space shall be provided} however, within the area encompassed by the boundaries of the oriqinal DDA as described in Section 8.2.2(B)~ and within the section of the CBD zoninq district located east of the Intracoastal Waterway, there shall be no minimum open space requirement. Notwithstandinq the provisions of this section~ the body actinq upon a development application within the CBD may require that open areas, includinq but not limited to courtyards~ plazas, and landscaped setbacks, be provided in order to add interest and provide relief from the buildinq mass. In addition to the above, that section of the Development Standards Matrix [LDR Section 4.3.4(K)] dealing with maximum coverage in the CBD will also be amended to refer to this specific regulation. ANALYSIS: The ordinance as proposed expands the zero open space requirement beyond that which was originally recommended by the P & Z Board. This is consistent with the intent of this amendment, in that the area east of the ICWW is already developed at an intensity similar to the properties located in the original DDA. Many of the sites are currently nonconforming as to open space, but will become conforming as a result of this amendment. While no minimum open space is required in the designated areas, the amendment does give the reviewing board the authority to require open space or open areas when appropriate. RECOMMENDED ACTION: By motion, recommend that City Commission adopt the proposed ordinance reducing the open space requirement in the CBD, and amending the Development Standards Matrix to reflect that change. CITY COMMISSION DOCUMENTATION ~ IS~ DIANE DOMINGUEZ ,, ff FROM: DIRECTOR OF PLANNING & ZON~N% SUBJECT: MEETING OF MAY 2, 1995 AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS REDUCING THE OPEN SPACE REQUIREMENT IN THE CBD ZONING DISTRICT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of an amendment reducing the open space requirement in the CBD (Central Business District) zoning district. The affected LDR sections are 4.4.13(F) and 4.3.4(K). BACKGROUND: The original version of this amendment was before the City Commission on February 3, 1995. As proposed at the time, it would have reduced the open space requirement in the CBD from 25% to 10%, and to 0% in the original Downtown Development Authority (DDA) area. The Commission wanted the 0% requirement to extend to the CBD area east of the Intracoastal as well. The amendment was denied on first reading in order to allow for that change to be made. As this amendment refers to the original DDA area, staff has taken this opportunity to correct the way that the DDA area is described in the LDRs. The existing lengthy legal description will be supplemented by a map that illustrates both the original and expanded DDA. Those changes are being processed as a separate amendment. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of April 17, 1995. There was no public comment given, and the Board recommended unanimously that it be approved. RECOMMEND ED ACTION: By motion, approve the proposed amendments to LDR Section 4.4.13 (F) and 4.3.4(K) as described in the attached Planning and Zoning Board staff report. Attachment: * P&Z Staff Report & Documentation of April 17, 1995 * Ordinance by others MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~ /~'A' - MEETING OF FEBRUARY 7. 1995 FIRST READING FOR ORDINANCE NO. 12-95/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. ORDINANCE NO. 12-95 ~ OIU:)INANCE 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, ~995, 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 except as modified (1) Height: The CBD is a geographic area in which exceptions to height regulations are allowed. [2~ O~_en Space= A minimum of 10% non-vehicular Q~en space sha~l be ~rovided: however, within the area encompassed by the boundaries of the Downtown Development AuthOrity as ori~inally established on ~arch 22. 1971. there shall be Do minimum oDen sDace requirement. Notwithstan~in~ the ~rovisions of Chis section, the bo~v actin~ upon a development application within the CBD may recuire that open areas, including b~ Dot limited to courtyards. plazas and landscaued setbacks, be urovided in order ~o add interest and prQ¥ide relief krom the buildine Th9 original boundaries of the Downtown Development Authority are generally desCribed as follows: Commencing 'at a point where Northeast 1st Street i~tersects with the Intracoastal Waterway. run west along Northeast 1st Street to Swinton Avenue. then south along Swinton Avenue to the intersection of ~winton 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. Paee 3). then east along the alley to the intersection with the north-south alley in Block 77. then south along that a~ley tQ ~Qutheast 1st Street. then east along Southeast 1st Street to the intersection with the north-south alley in Block 117 (as in Plat Book 1. _ Page 9) 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 ~0. 49. 57 and 92 of Palm Square an unrecorded plat ~Qcated in Block 125 and the North Half of Block 133. aS in Plat Book 1. Page 3~. to the Intracoastal Waterway. then north alone the Intracoastal Waterway. tO ~he Point of Beginning. ~ That Chapter Four, "Zoning Regulations", Article 4.3, "District Regulations, ~eneral 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) ~ ~) ~ That all ordinances or parts of ordinances in conflict herewith be, an~'the same are hereby repealed. - 2 - Ord. No. 12-95 ~ 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. ~_~ 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. MAYOR ATTEST: City Clerk First Reading Second Reading - 3 - Ora. No. 12-95 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 aDproval 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. B A C K G R O U N D: 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 $.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~ ~M~ f~II~W~M~ ~M~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. 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 frO~ 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 mee%ing 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:PZCBDOS.DOC