71-95 MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~(
SUBJECT: AGENDA ITEM # /O. ~ '- MEETING OF DECEMBER 5. 1995
THE WEST ATLANTIC AVENUE OVERLAY DISTRICT)
DATE: NOVEMBER 29, 1995
This is one of five ordinances proposed for approval on second and
final reading which amend various sections of the Land Development
Regulations in connection with the West Atlantic Avenue
Redevelopment Plan. This particular ordinance (#72-95) amends the
General Commercial zoning district as it applies to the area north
and south of Atlantic Avenue. The proposed West Atlantic~'Avenue
Overlay District and the associated text amendments establish
limitations on intensity, permitted uses, scale and site design
that will minimize impacts on adjacent neighborhoods and promote a
pedestrian-oriented shopping district as required by the plan.
Because this ordinance changes the list of allowable uses within
the district, two public hearings are required pursuant to F.S.
Chapter 166. The other four ordinances amend various provisions
pertaining to development standards and, therefore, require only
one public hearing.
The preparation and approval of the West Atlantic Redevelopment
Plan were required pursuant to Comprehensive Plan Future Land Use
Element Policy C-2.4 and the subject text amendments are required
to implement the plan. The West Atlantic Avenue Redevelopment Plan
was adopted by the City Commission on July 11, 1995.
The Planning and Zoning Board reviewed this item at its meeting of
November 13, 1995, and voted unanimously to recommend that the text
amendment be approved. At first reading on November 21st, the City
Commission passed the ordinance unanimously, with the stipulation
that the provision relating to employment agencies be removed from
the list of prohibited uses and that language be added under
special regulations to prohibit such agencies in parcels fronting
on Atlantic Avenue. These changes have been made.
Recommend approval of Ordinance No. 72-95 on second and final
reading, based on positive findings regarding consistency with the
Comprehensive Plan, pursuant to LDR Section 1.1.6 and F.S.
163.3194(2).
ref: agmemol6 ~~
CITY COMMISSION DOCUMENTATION
DEPARTMENT OF PLANNinG AND ZONING
FROM: ~ JEFF"PERKINS, SENIOR PLANNER
SUBJECT: MEETING OF NOVEMBER 21, 1995
LDR TEXT AMENDMENTS TO LDR SECTION 4.3.4(H)(S)(a) SPECIAL
BUILDING SETBACKS, LDR SECTION 4.3.4(J)(4)(b)(i) INCREASES TO
HEIGHT REGULATIONS, LDR Section 4.6.9(E)(3) IN-LIEU FEE, ,SECTION
4.5.6 THE WEST ATLANTIC AVENUE OVERLAY DISTRICT, AND LDR
SECTION 4.4.9 GENERAL COMMERCIAL (GC) DISTRICT ASSOCIATED
WITH THE WEST ATLANTIC AVENUE REDEVELOPMENT PLAN
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval on first reading of proposed text
amendments associated with the West Atlantic Avenue Redevelopment Plan, pursuant to
LDR Section 1.1.6(A).
BACKGROUND:
With the adoption of the Comprehensive Plan in 1989, the West Atlantic Area was
designated as Redevelopment Area # 1 on the Future Land Use Map. Future Land Use
Element Policy C-2.4 requires the preparation of a redevelopment plan for the area. The
required redevelopment plan has been completed and was adopted by the City
Commission at its meeting of July 11, 1995.
The adopted redevelopment plan calls for the establishment of a pedestrian friendly
commercial area along West Atlantic Avenue with an emphasis on minimizing impacts
from that commercial area on established residential neighborhoods. The plan calls for
the establishment of an overlay zoning district in the area that will help promote those
goals. The proposed changes will modify the GC zoning district as it applies to the area
north and south of Atlantic Avenue. The proposed West Atlantic Overlay District and the
associated text amendments establish limitations on intensity, permitted uses, scale, and
City Commission Documentation
LDR Amendments Associated with the West Atlantic Avenue Redevelopment Plan
Page 2
site design that will minimize impacts on adjacent neighborhoods and promote a
pedestrian-oriented shopping district, as required by the plan.
The preparation and approval of the West Atlantic Redevelopment Plan were required
pursuant to Comprehensive Plan Future Land Use Element Policy C-2.4 and the subject
text amendments are required to implement the Plan. Thus, the proposed amendments
further the Goals, Objectives, and Policies of the Comprehensive Plan. The City
Commission can make positive findings regarding consistency with the Comprehensive
Plan, pursuant to LDR Section 1.1.6 and F.S. 163.3194(2).
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its special meeting of November
13, 1995. The Board unanimously (7-0) voted to recommend approval of the proposed
amendments.
RECOMMENDED ACTION:
By motion:
Approve on first reading the proposed text amendments to LDR Section 4.3.4(H)(6)(a)
Special Building Setbacks, LDR Section 4.3.4(J)(4)(b)(i) Increases to Height Regulations,
LDR Section 4.5.6 West Atlantic Avenue Overlay District, LDR Section 4.6.9(E)(3) In-Lieu
Fee, and LDR Section 4.4.9 General Commercial (GC) District, based on a finding that the
proposed modifications are consistent with and further the Comprehensive Plan by
implementing the provisions of the West Atlantic Avenue Redevelopment Plan, as
required by Future Land Use Element Policy C-2.4.
Attachment:
I~1 P&Z Board Memorandum Staff Report
MEETING DATE: NOVEMBER 13, 1995
AGENDA ITEM: ll.D.
SUBJECT: LDR TEXT AMENDMENTS ASSOCIATED WITH THE WEST
ATLANTIC AVENUE REDEVELOPMENT PLAN
LDR REFERENCE: LDR SECTION 4.3.4(H)(6)(a) SPECIAL BUILDING SETBACKS,
LDR SECTION 4.3.4(J)(4)(b)(i)INCREASES TO HEIGHT
REGULATIONS, LDR Section 4.6.9(E)(3) IN-LIEU FEE, SECTION
4.5.6 THE WEST ATLANTIC AVENUE OVERLAY DISTRICT,
AND LDR SECTION 4.4.9 GENERAL COMMERCIAL (GC)
DISTRICT
ITEM BEFORE THE BOARD.:
The item before the Board is making a recommendation to the City Commission on
proposed modifications to the City's Land Development Regulations (LDRs).
Pursuant to LDR Section 1.1.6, no amendment may be made until a recommendation is
obtained from the Planning and Zoning Board.
Pursuant to F.S. 163.3194(2), the Planning and Zoning Board is to review the proposed
amendment with respect to its relationship to the adopted Comprehensive Plan of the
,
BACKGROUND:
With the adoption of the Comprehensive Plan in 1989, the West Atlantic Avenue area
was designated as Redevelopment Area # 1 on the Future Land Use Map. Future Land
Use Element Policy C-2.4 requires the preparation of a redevelopment plan for the
area. The required redevelopment plan has been completed and was adopted by the
City Commission at its meeting of July 11, 1995.
The adopted redevelopment plan calls for the establishment of a pedestrian friendly
commercial area along West Atlantic Avenue with an emphasis on minimizing impacts
from that commercial area on established residential neighborhoods. The plan calls for
the establishment of an overlay zoning district in the area that will help promote those
goals. The proposed changes will modify the GC zoning district as it applies to the area
north and south of Atlantic Avenue.
P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 2
REVIEW BY OTHERS:
The proposed LDR amendments are not in a geographic area requiring review by the
Downtown Development Authority or the Historic Preservation Board.
Community Redevelopment Agency:
The LDR amendments are in a geographic area requiring review by the CRA. The CRA
Board reviewed this item at its meeting of October 26, 1995 and unanimously
recommended approval.
Visions West Atlantic:
The Visions Steering Committee reviewed the proposed LDR amendments at its
meeting of October 23, 1995. The Committee unanimously recommended approval of
the proposed amendments, with the addition of two additional provisions - prohibition of
second hand shops on Atlantic Avenue and prohibition of picking up and dropping off
workers from a temporary employment office in the Overlay District.
Neighborhood Notice:
As the proposed amendment affects an area greater than 10 acres, no fo'rmal public
notice to property owners within a 500' radius of the subject properties is required.
Courtesy notices have been sent to:
Q Clay Wideman El Carolyn Zimmerman,
Delray Merchants Association West Atlantic Avenue ARC
Peach Umbrella Association
El Norma Banoura Q Charlotte Durante
'600 Block Association Peach Umbrella Association
who have requested notification of petitions in that area. Letters of objection, if any, will
be presented at the P & Z Board meeting.
ANALYSIS:
The adopted West Atlantic Avenue Redevelopment Plan calls for the establishment of
an overlay zoning district to promote a pedestrian-friendly commercial area adjacent to
Atlantic Avenue. The proposed West Atlantic Overlay District and the associated text
amendments establish limitations on intensity, permitted uses, scale, and site design
that will minimize impacts on adjacent neighborhoods and promote a pedestrian-
oriented shopping district. As the preparation and approval of the West Atlantic
Redevelopment Plan were required pursuant to Comprehensive Plan Future Land Use
P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 3
Element Policy C-2.4 and the subject text amendments are required to implement the
Plan, the proposed amendments further the Goals, Objectives, and Policies of the
Comprehensive Plan. Thus, the Board can make a positive recommendation to the City
Commission, pursuant to LDR Section 1.1.6 and F.S. 163.3194(2).
ALTERNATIVE ACTIONS: "
1. Recommend denial in that the modification is not consistent with the
Comprehensive Plan.
2. Recommend approval based upon a finding that the proposed modification is
consistent with and furthers the Comprehensive Plan.
3. Continue with direction..
RECOMMENDED ACTION:
By motion:
Recommend approval of the proposed text amendments to LDR Section 4.$.4(H)(6)(a)
Special Building Setbacks, LDR Section 4.3.4(J)(4)(b)(i) Increases to Height
Regulations, LDR Section 4.5.6 West Atlantic Avenue Overlay District, LDR Section
4.6.9(E)(3) In-Lieu Fee, and LDR Section 4.4.9 General Commercial (GC) District,
based on a finding that the proposed modifications are consistent with and further the
Comprehensive Plan by implementing the provisions of the West Atlantic Avenue
Redevelopment Plan, as required by,Future Land Use Element Policy C-2.4.
Report prepared by: Jeff Perkins, Senior Planner Date November 9.1995
P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 4
LDR Section 4.3.4(H)(6)(a) Special Building Setbacks:
LDR Section 4.3.4(J)(4)(b)(i) Increases to Height Regulations
(4) Area "D"- the ~ properties
~,r.,.~ ..~.~ .%nm ~ ~., ~r...., ..v,.~...;;,... ~.,...., 95 *" ~'";"*"" ~ ....... located south
of Atlantic Avenue, north of SW 1st Street. west of SW 1st Avenue. and east of
SW 4th Avenue; and the properties located north of Atlantic Avenue. south of
NW 1st Street, west of NW 1st Avenue. and east of NW 3rd Avenue.
LDR Section 4.4.9 General Commercial (GC) District:
(B) Principal Uses and Structures Permitted: The following ty~ are
.allowed within the GC District asa permitted uses, except as prohibited in the West
Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(a):
(D)Conditional Uses and Structures Permitted: The following uses are allowed
as. conditional uses within the GC District ......... * *'-' th" '"-"';"; .... ~ o ,~ r:r,-~ except
as prohibited in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(a):
(E)Review and Approval Process:
(.4) All applications for commercial or multiple family residential development.
including signs, within th.e West Atlantic Avenue Overlay District will be
forwarded to the West Atlantic Avenue Architectural Committee (ARC,) and
the Community_ Redevelopment Agency for comment,
(F)D~velopment Standards: In addition to ~the development standards as set forth
in Section 4.3.4, the followina_ development, standards shall apply ...,~, o' ...... .= ..,.,;*", ,r,,,.,,..
~'"' .... ;""' in the GC District::
(2) West Atlantic Avenue Overlay District Develo.oment Standard~; The
following development standards apply in the West Atlantic Avenue Overlay
District as defined in Section 4.5.6(.B):
(a) Parcels that have frontage along Atlantic Avenue shall have a front
setback of 5 feet from the ultimate right-of-way line. The front setback
area shall be paved with paver blocks to match the existing sidewalks
within the Atlantic Avenue right-of-way.
P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 5
(b) The minimum open space requirement is 10% of the site area, All
landscape requirements for parking lots and buffering of residential
properties, pursuant to Sections 4.6.5 and 4.6,16, shall apply,
(G)Supplemental District Regulations: In addition to t :i:he supplemental district
regulations as set forth in Article 4.6, the following supplemental district regulations
shall apply in the GC District:
(1) West Atlantic Avenue Overlay District Supplemental District
Regulations: The following supplemental district regulations apply in the
West Atlantic Avenue Overlay District as defined in Section 4.5.6(B):
(a) The following principal and conditional uses are prohibited in the overlay
district:
· __ Retail or Wholesale Firearm or Ammunition Sales
· Retail or Wholesale Automotive Parts Sales
· __ Lawn Care Equipment Sales
· Contractor's Offices
· __ Abused Spouse Residences
· Shooting Ranges
· Adult Entertainment Establishments
· Service Stations
· The picking up or dropping off, or otherwise transporting of
workers, assigned through an employment, agency from an
assembly point to the work site
(b) Dwelling units are pe~nitted within the same structure as commercial
uses. In the event that residential and non-residential uses are located in
the same structure, residential uses and' non-residential uses must be
physically separated, have separate accessways, and residential units
shall not be located on the ground floor. The Site Plan Review and
Appearance Board may exempt dwelling units in this district from the
.restrictions contained in Section 4.4.9(B)(5). in con!unction with the
approval of a site and development plan.
(c~ Commercial structures are limited to a maximum depth of 150 feet from
the ultimate right-of-way of Atlantic Avenue, unless the parcel has
frontage on NW 5th Avenue or SW 5th Avenue, Accessory uses such as
parking areas, landscaping, and drainage retention areas may extend
beyond the 150 foot limit. Expansion~of structures beyond the 150 foot
.limit may be allowed as a conditional u~se subject to the required findings
of Section 2 4 5(E)(5) L
(d} Six parking spaces per 1,000 square feet of gross floor area are required
for restaurants and 1 parking space per 300 square feet of gross floor
P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 6
area is required for all other non-residential uses. Parking spaces for
residential uses are required at the rates established in Section
4.6.9(C)(2).
e_)_ If it is impossible or inappropriate to provide required parking on site or
off- site, the in-lieu fee option provided in Section 4,6.9(E)(3) may be
applied,
There is no restriction on repair and/or reconstruction of non-conforming
single family residences located a minimum of 150 feet from Atlanti(;:
Avenue.
g)_ Parking areas and accessways to parking lots must be located to the rear
of commercial structures that have frontage on Atlantic Avenue. Where
locating parking to the rear of the structure is impossible or inappropriate.
the Site Plan Review and Appearance Board may approve an alternate
location.
(H) Special Regulations:
(1) The first ten feet of the front yard setback which is adjacent to the right-of-
way shall be a landscaped area, except within the West AtlanUc Avenue
Overlay District as defined in Section 4.5.6(B). Within this 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) In structures located in the West Atlantic Avenue Overlay District as defined
in Section 4.5.6(B) that have an entrance from and/or windows facing Atlantic
Avenue, the sale of sec°~d hand material, except verifiable antiques and/or
collectibles (coins. stamps, sports memorabilia, etc.) is prohibited.
Section'4.$.6 The West Atlantic Avenue Overlay District:
(A) General: With the adoption of the City's Comprehensive Plan. by Ordinance
82-89 on November 28, 1989. the City. identified the West Atlantic Avenue Corridor as
an area in need of redevelopment and revitalization. In accordance with Future Land
Use Element Policy C-2.4. a redevelopment plan was prepared for the area and
adopted by the City Commission at its meeting of July 11, 1995. This Section is
created to implement the provisions of the adopted West Atlantic Redevelopment
Plan. All development within the West Atlantic Overlay District, as defined in Section
(B). below, shall take place according to the provisions of the adopted plan.
(B) Defined: The West Atlantic Avenue Overlay District is hereby established as
the area bounded by 1-95 on the west, Swinton Avenue on the east, SW 1st Street on
the south, and NW 1st Street on the north, and extending one block north of NW 1st
Street, along NW 5th Avenue to include Blocks 19 and 27, Town of Delray. The
P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 7
regulations established in Sections 4.4,9(E)(4) and 4.4.9(G)(1) shall apply to all GC
zoned parcels within the Overlay District
(C) West Atlantic Avenue Architectural Review Committee (ARC):
(1) An Architectural Review Committee is hereby established to review all
development proposals located in the Overlay District. The ARC acts in
an advisory capacity to the Board(s) taking action on a development
proposal,
(2) The ARC will consist of 7 members serving 2 year terms. Three of the
initial members will serve 1 year terms in order to stagger the terms of
committee members, ARC members are nominated by the CRA Board of
Commissioners.
a_)_ Members of the ARC shall be residents, property owners, or
business owners within the area bounded by SW 10th Street. 1-95.
Swinton Avenue, and Lake Ida Road.
b_)_ Membership of the Committee will be as follows:
· __ Two land development professionals (architect,' engineer,
surveyor, landscape architect, contractor, etc.);
· __ Two owners of businesses located in the West Atlantic Avenue
Overlay District and
· __ Three at large
(3)AIl applications, inclu, ding signs, for commercial or multiple family
residential development within the West Atlantic Avenue Overlay District
will be referred to the ARC and the Community Redevelopment Agency,
for adviso~ review and comment.
(4) The ARC will meet as required to review submissions, rather than at
regular intervals.
LDR Section 4,6.9(E)(3) In-lieu Fee: If it is impossible or inappropriate to provide the
required number of on-site parking spaces, the City Commission may approve the
payment of a fee in-lieu of providing such required parking, pursuant to the following
provisions:
(a) The in-lieu fee is..,,'-'"~",,~ authorized o..nly in the CBD ac, OSSHAD, and GC
(West Atlantic Overlay District) Zoning Districts in compliance with the
Supplemental District Regulations therein.
ORDINANCE NO. 71-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.3.4(J)(4),
"INCREASES TO HEIGHT REGULATIONS" SUBPARAGRAPH
4.3.4(J)(4)(b)(i), OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, BY MODIFYING
THE BOUNDARIES OF THE GEOGRAPHIC AREA ALONG ATLANTIC
AVENUE IN WHICH INCREASES TO HEIGHT REGULATIONS MAY
BE APPROVED BY THE CITY COMMISSION; 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 a special meeting on
November 13, 1995, and voted unanimously to forward the change with a
recommendation of approval; 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:
SectiQD 1. That Chapter Four, "Zoning Regulations", Article
· "Base
4 3, "District Regulations, General Provisions", Section 4.3.4,
District Development Standards", Subsection 4.3.4(J)(4), "Increases to
Height Regulations", subparagraph 4.3.4(J)(4)(b)(i), of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as follows:
(b) Allowances: An increase, to a maximum height of sixty
feet (60'), may be approved by the City Commission in any zone
district not listed above when approved pursuant to the processing of
a conditional use request and based upon a finding of compliance with
each of the enumerated criteria listed below.
(i) That the structure is to be located in one of the
following geographic areas:
(1) Area "A" - all property located east of
Congress Avenue and west of 1-95.
(2) Area "B" - the property encompassed by the
Delint DRI, with the exception of that
portion platted as "Waterford Village"; along
with property located west of S.W. 10th
Avenue, south of Linton Boulevard, and east
of 1-95.
(3) Area "C" - the property encompassed by the
boundary of Linton Boulevard, Germantown
Road, S.W. 10th Street, and 1-95.
(4) Area "D" - the ~ ~¢~y/~/¢$~¢~
~ I~ I~~ I~¢~¢1 locatea south ~
Atlantic Avenue. north of S.W. 1st Street.
west of S.W. 1st Avenue. and east of S.W..4th
Avenue: and the properties located north of
Atlantic Avenue. south of N.W. 1st Street.
west of N.W. /st Avenue. and east of N.W. 3rd
Avenug,
(5) Area "E" - the property encompassed on the
west by the F.E.C. Railroad, on the east by
the Intracoastal Waterway, on the south by
Allen Avenue extended to said easterly and
westerly boundaries, and on the north to the
northernmost boundary of the City.
(6) Area "F" - the property located between the
one-way pair system of the Federal Highway
(5th and 6th Avenues).
(7) Area "G" - the property on either side of
Linton Boulevard, extending 200 feet north
and south of its ultimate right-of-way,
extending from 1-95 to Dixie Highway.
(8) Area "H" - the area bounded by Linton
Boulevard on the south, the F.E.C. Railroad
on the east, the combination of Southridge
Road and Swinton Avenue on the north, and
S.W. 4th Avenue on the west.
(9) Area "I" - all property within the CBD
(Central Business District) except for
property lying east of the Intracoastal
Waterway.
(10) Area "J" - the property encompassed by
Lindell Boulevard on the north, Federal
Highway on the east, Dixie Highway on the
west, and the City limits on the south.
- 2 - Ord. No. 71-95
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
~ 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 5th day of December , 1995.
ATTEST:
-- 'City-Cl~rk '
First Reading November 21, 1995
Second Reading December 5, 1995
- 3 - Ord. No. 71-95
M E M 0 R A N D U.M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM ~ /0 ~ - MEETING OF DECEMBER 5. 1995
SEQOND READING & PUBLIC HEARING FOR ORDINANCE NO. 71-95
(INCREASES TO HEIGHT REGULATIONS/WEST ATLANTIC AVENUE)
DATE: NOVEMBER 29, 1995
This is one of five ordinances proposed for approval on second and
final reading which amend various sections of the Land Development
Regulations in connection with the West Atlantic Avenue
Redevelopment Plan. This particular ordinance (#71-95) modifies
the boundaries of the geographic area along Atlantic Avenue in
which increases to height regulations may be approved by the City
Commission.
The preparation and approval of the West Atlantic Redevelopment
Plan were required pursuant to Comprehensive Plan Future Land Use
Element Policy C-2.4 and the subject text amendments are required
to implement the plan. The West Atlantic Avenue Redevelopment Plan
was adopted by the City Commission on July 11, 1995.
The Planning and Zoning Board reviewed this item at its meeting of
November 13, 1995, and voted unanimously to recommend that the text
amendment be approved. At first reading on November 21st, the
Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 71-95 on second and final
reading, based on positive findings regarding consistency with the
Comprehensive Plan, pursuant to LDR Section 1.1.6 and F.S.
163.3194(2).
ref:agmemol8
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM ~ ~ 0 - MEETING OF NOVEMBER 21. 1995
FIRST READIN~ FQR ORDINANCE NO, 71-95 (INCREASES TO
HEIGHT REGULATIONS/WEST ATLANTIC AVENUE]
DATE: NOVEMBER 17, 1995
This is one of five ordinances proposed for approval on first
reading which amend various sections of the Land Development
Regulations in connection with the West Atlantic Avenue
Redevelopment Plan. This particular ordinance (#71-95) modifies
the boundaries of the geographic area along Atlantic Avenue in
which increases to height regulations may be approved by the City
Commission.
The preparation and approval of the West Atlantic Redevelopment
Plan were required pursuant to Comprehensive Plan Future Land Use
Element Policy C-2.4 and the subject test amendments are required
to implement the plan. The West Atlantic Avenue Redevelopment Plan
was adopted by the City Commission on July 11, 1995.
The Planning and Zoning Board reviewed this item at its meeting of
November 13, 1995, and voted unanimously to recommend that the text
amendment be approved.
Recommend approval of Ordinance No. 71-95 on first reading, based
on positive findings regarding consistency with the Comprehensive
Plan, pursuant to LDR Section 1.1.6 and F.S. 163.3194(2). If
passed, a public hearing will be held on December 5, 1995.
3-0
ref:agmemol8
CITY COMMISSION DOCUMENTATION
DEPARTMENT OF PLANNING AND ZONING
FROM: ' JEFF"PERKINS, SENIOR PLANNER
SUBJECT: MEETING OF NOVEMBER 21, 1995
LDR TEXT AMENDMENTS TO LDR SECTION 4.3.4(H)(6)(a) SPECIAL
I~UILDING SETBACKS, LDR SECTION 4.3.4(J)(4)(b)(i) INCREASES TO
HEIGHT REGULATIONS, LDR Section 4.6.9(E)(3) -JJ~I:[.IED_.E~¢~, SECTION
4.5.6 THE WEST ATLANTIC AVENUE OVERLAY DISTRICT, AND LDR
SECTION 4.4.9 GENERAL COMMERCIAL {.GC) DISTRICT ASSOCIATED
WITH THE WEST ATLANTIC AVENUE REDEVELOPMENT PLAN
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval on first reading of proposed text
amendments associated with the West Atlantic Avenue Redevelopment Plan, pursuant to
LDR Section 1.1.6(A).
BACKGROUND:
With the adoption of the Comprehensive Plan in 1989, the West Atlantic Area was
designated as Redevelopment Area # 1 on the Future Land Use Map. Future Land Use
Element Policy C-2.4 requires the preparation of a redevelopment plan for the area. The
required redevelopment plan has been completed and was adopted by the City
Commission at its meeting of July 11, 1995.
The adopted redevelopment plan calls for the establishment of a pedestrian friendly
commercial area along West Atlantic Avenue with an emphasis on minimizing impacts
from that commercial area on established residential neighborhoods. The plan calls for
the establishment of an overlay zoning district in the area that will help promote those
goals. The proposed changes will modify the GC zoning district as it applies to the area
north and south of Atlantic Avenue. The proposed West Atlantic Overlay District and the
associated text amendments establish limitations on intensity, permitted uses, scale, and
City Commission Documentation
LDR Amendments Associated with the West Atlantic Avenue Redevelopment Plan
Page 2
site design that will minimize impacts on adjacent neighborhoods and promote a
pedestrian-oriented shopping district, as required by the plan.
The preparation and approval of the West Atlantic Redevelopment Plan were required
pursuant to Comprehensive Plan Future Land Use Element Policy C-2.4 and the subject
text amendments are required to implement the Plan. Thus, the proposed amendments
further the Goals, Objectives, and Policies of the Comprehensive Plan. The City
Commission can make positive findings regarding consistency with the Comprehensive
Plan, pursuant to LDR Section 1.1.6 and F.S. 163.3194(2).
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its special meeting of November
13, 1995. The Board unanimously (7-0) voted to recommend approval of the proposed
amendments.
RECOMMENDED ACTION:
By motion:
Approve on first reading the proposed text amendments to LDR Section 4.3.4(H)(6)(a)
Special Building Setbacks, LDR Section 4.3.4(J)(4)(b)(i) Increases to Height Regulations,
LDR Section 4.5.6 West Atlantic Avenue Overlay District, LDR Section 4.6.9(E)(3) In-Lieu
Fee, and LDR Section 4.4.9 General Commercial (GC) District, based on a finding that the
proposed modifications are consistent with and further the Comprehensive Plan by
implementing the provisions of the West Atlantic Avenue Redevelopment Plan, as
required by Future Land Use Element Policy C-2.4.
Attachment:
I~ P&Z Board Memorandum Staff Report
MEETING DATE: NOVEMBER 13, 1995
AGENDA ITEM: ll.D.
SUBJECT: LDR TEXT AMENDMENTS ASSOCIATED WITH THE WEST
ATLANTIC AVENUE REDEVELOPMENT PLAN
LDR REFERENCE: LDR SECTION 4.3.4(H)(S)(a) SPECIAL BUILDING SETBACKS,
LDR SECTION 4.3.4(J)(4)(b)(i) INCREASES TO HEIGHT
REGULATIONS, LDR Section 4.6.9(E)(3) IN-LIEU FEE, SECTION
4.5,6 THE WEST ATLANTIC AVENUE OVERLAY DISTRICT,
AND LDR SECTION 4.4.9 GENERAL COMMERCIAL
DISTRICT
ITEM BEFORE THE BOARD:
The item before the Board is making a recommendation to the City Commission on
proposed modifications to the City's Land Development Regulations (LDRs).
Pursuant to LDR Section 1.1.6, no amendment may be made until a recommendation is
obtained from the Planning and Zoning Board.
Pursuant to F.S. 163.3194(2), the Planning and Zoning Board is to review the proposed
amendment with respect to its relationship to the adopted Comprehensive Plan of the
city. ,
BACKGROUND:
With the adoption of the Comprehensive Plan in 1989, the West Atlantic Avenue area
was designated as Redevelopment Area # 1 on the Future Land Use Map. Future Land
Use Element Policy C-2.4 requires the preparation of a redevelopment plan for the
area. The required redevelopment plan has been completed and was adopted by the
City Commission at its meeting of July 11, 1995.
The adopted redevelopment plan calls for the establishment of a pedestrian friendly
commercial area along West Atlantic Avenue with an emphasis on minimizing impacts
from that commercial area on established residential neighborhoods. The plan calls for
the establishment of an overlay zoning district in the area that will help promote those
goals. The proposed changes will modify the GC zoning district as it applies to the area
north and south of Atlantic Avenue.
P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 2
REVIEW BY OTHERS:
The proposed LDR amendments are not in a geographic area requiring review by the
Downtown Development Authority or the Historic Preservation Board.
Community Redevelopment Agency:
The LDR amendments are in a geographic area requiring review by the CRA. The CRA
Board reviewed this item at its meeting of October 26, 1995 and unanimously
recommended approval.
Visions West Atlantic:
The Visions Steering Committee reviewed the proposed LDR amendments at its
meeting of October 23, 1995. The Committee unanimously recommended approval of
the proposed amendments, with the addition of two additional provisions - prohibition of
second hand shops on Atlantic Avenue and prohibition of picking up and dropping off
workers from a temporary employment office in the Overlay District.
Neighborhood Notice:
As the proposed amendment affects an area greater than 10 acres, no fdrmal public
notice to property owners within a 500' radius of the subject properties is required.
Courtesy notices have been sent to:
Clay Wideman Q Carolyn Zimmerman
Delray Merchants Association West Atlantic Avenue ARC
Peach Umbrella Associatior~
Q Norma Banoura Q Charlotte Durante
'600 Block Association Peach Umbrella Association
who have requested notification of petitions in that area. Letters of objection, if any, will
be presented at the P & Z Board meeting.
ANALYSIS:
The adopted West Atlantic Avenue Redevelopment Plan calls for the establishment of
an overlay zoning district to promote a pedestrian-friendly commercial area adjacent to
Atlantic Avenue. The proposed West Atlantic Overlay District and the associated text
amendments establish limitations on intensity, permitted uses, scale, and site design
that will minimize impacts on adjacent neighborhoods and promote a pedestrian-
oriented shopping district. As the preparation and approval of the West Atlantic
Redevelopment Plan were required pursuant to Comprehensive Plan Future Land Use
P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 3
Element Policy C-2.4 and the subject text amendments are required to implement the
Plan, the proposed amendments further the Goals, Objectives, and Policies of the
Comprehensive Plan. Thus, the Board can make a positive recommendation to the City
Commission, pursuant to LDR Section 1.1.6 and F.S. 163.3194(2).
ALTERNATIVE ACTIONS:
1. Recommend denial in that the modification is not consistent with the
Comprehensive Plan.
2. Recommend approval based upon a finding that the proposed modification is
consistent with and furthers the Comprehensive Plan.
3. Continue with direction..
,RECOMMENDED ACTION:
By motion:
Recommend approval of the proposed text amendments to LDR Section 4.3.4(H)(6)(a)
Special Building Setbacks, LDR Section 4.3.4(J)(4)(b)(i) Increases to Height
Regulations, LDR Section 4.5.6 West Atlantic Avenue Overlay District, LDR Section
4.6.9(E)(3) In-Lieu Fee, and LDR Section 4.4.9 General Commercial (GC) District,
based on a finding that the proposed modifications are consistent with and further the
Comprehensive Plan by implementing the provisions of the West Atlantic Avenue
Redevelopment Plan, as required by,Future Land Use Element Policy C-2.4.
Report prepared by: Jeff Perkins. Senior Planner Date November 9. 1995
P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 4
LDR Section 4.3.4(H)(6)(a) Special Buildin_~ Setbacks:
cf the center line.
LDR Section 4.3.4(J)(4)(b)(i) Increases to Height Regulations
(4) Area "D" the ~ oroDerties '-;*"~- ~;'~" "* A,~,,~,. A .......r,..~. ..... SI^; ~ ~,
Street. and k,~^; .~,., ~,,,,,,-,, ,~,,,~,,.,~.',..-, ~,,-,,-,, ~ 95 to ~'"~"*"" ^ ....... located south
of Atlantic Avenue. north of SW 1st Street. west of SW 1st Avenue. and east of
SW 4th Avenue: and the properties located north of Atlantic Avenue. south of
NW 1st Street. west of NW 1st Avenue. and east of NW 3rd Avenue.
LDR Section 4.4.9 General Commercial (GC). District:
(B)princiPal Uses and Structures Permitted: The following ~ are
.allowed within the GC District asa permitted uses. except as prohibited in the West
· Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(a):
(D)Conditional Uses and Structures Permitted: The following uses are allowed
as conditional uses within the GC District ,,,~._.,,6,...._.,-,.,.. ,,,._ *h=.. ..... ~.. ~. =°~...... .... ......* 2.d.5(E). except.
as prohibited in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(a):
(E) ,Review and Approval Process:
(4) All applications for commercial or multiple family residential development.
including signs, within th, e West Atlantic Avenue Overlay District will be
forwarded to the West Atlantic Avenue Architectural Committee (ARC) and
the Community. Redevelopment Agency for comment.
(F)D~velopment.Standards: In addition to :l:the development standards as set forth
in Section 4.3.4. the following develooment standards shall apply
~'-'" .... ~'-'- in the GC District::
(2) West Atlantic Avenue Overlay District Development Standards; The
following development standards apply in the West Atlantic Avenue Overlay
District as defined in Section 4.5.6(B):
.(a) Parcels that have frontage along Atlantic Avenue shall have a front
setback of 5 feet from the ultimate right-of-way line. The front setback
area shall be paved with paver blocks to match the existing sidewalks
within the Atlantic Avenue right~of-w, ay.
P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 5
(b) The minimum oPen ,?,pace requirement is 10% of the site area. All
landscape requirements for parking., lots and buffering of residential
properties, pursuant to Sections 4.6.5 and 4.6.16. shall apply.
(G)Supplemental District Regulations: In addition to t :l:he supplemental district
regulations as set forth in Article 4.6, the following Supplemental district regulations
shall apply in the GC District:
(1) West Atlantic Avenue Overlay District Su_oplemental District
Regulations:. The following Svpplemental district regulations apply in the
West Atlantic Avenue Overlay District as defined in Section 4.5.6(B):
(a) The following principal .and conditional uses are prohibited in the overlay
district:
· __ Retail or Wholesale Firearm or Ammunition Sales
· __ Retail or Wholesale Automotive Parts Sales
· __ Lawn Care Eo. uipment Sales
· _ Contractor's Offices
· __ Abused Spouse Residences
· __ Shooting Ranges
· __ Adult Entertainment Establishments
· _. Service Stations
· The. picking up or dropping off. or otherwise transporting of
workers, assigned through an employment agency from .an
.assembly point to the work site
(b) Dwelling units are permitted within the same structure as commercial
uses. In the event that residential and non-residential uses are located in
the same structure, residential uses and non-residential uses must be
physically separated, have separate accessways, and residential units
shall not be located on the ground floor. The Site Plal3 Review and
Appearance Board may exempt dwelling units in this district from the
restrictions contained in Section 4.4.9(B)(5). in con!unction with the
approval of a site and development plan.
(c! Commercial structures are limited to a maximum depth of 150 feet from
the ultimate right-of-way of Atlantic Avenue. unless the parcel has
frontage on NW 5th Avenue or SW 5th Avenue. Accessory. uses such
parking areas, landscaping, and drainage retention areas may extend
beyond the 1,50 foot limit. Expansionlof structures beyond the 150 foot
limit may be allowed as a conditional use, subject to the reauired findings
of.Section 2.4.5(E)(5).
(d) Six parking spaces per 1,000 square feet of gross floor area are required
for' r'estaurants and 1 parking space per 300 square feet of gross floor
P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 6
area is required for all other non-residential uses. Parking spaces for
residential uses are required at the rates established in Section
4.6.9(C)(2).
.e), If it is impossible or inappropriate to provide required parking on site or
off- site. the in-lieu fee option provided in Section 4.6.9(E)(3) may be
applied.
..fi.. There is no restriction on repair and/or reconstruction of non-conforming
single family residences located a minimum of 150 feet from Atlantic
Avenue.
.q)_ parking areas and accessways to parking lots must be located to the rear
of commercial structures that have frontage on Atlantic Avenue. Where
locating parking to the rear of the structure is impossible or inappropriate.
the Site Plan Review and Appearance Board may approve an alternate
location.
(H) Special Regulations:
(1) The first ten feet of the front yard setback which is adjacent to the right-of-
way shall be a landscaped area, except within the West Atlantic Avenue
Overlay District as defined in Section 4.5.6(B). Within th~ 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) In strvctures located in the West Atlantic Avenue Overlay District as defined
in Section 4.5.6(B) that have an entrance from and/or windows facing Atlantic
Averlue, the sale of secohd hand material, except verifiable.antiques and/or
collectibles (coins. stamps, sports memorabilia, etc.) is prohibited,
Section'4.5.6 The West Atlantic Avenue Overlay District:
(A) General: With the adoption of the City's Comprehensive Plan. by Ordinance
82;-89 on November 28, 1989. the City_ identified the West Atlantic Avenue Corridor as
an area in need of redevelopment and revitalization. In accordance with Future Land
Use Element Policy C-2.4. a redevelopment plan was prepared for the area and
adopted by the City Commission at its meeting of July 11. 1995, This Section is
created to implement the provisions of the adopted West Atlantic Redevelopment
Plan, All development within the West Atlantic Overlay District, as defined in Section
(B). below, shall take place according to the provisions of the adopted plan.
(B) Defined: The West Atlantic Avenue Overlay District is hereby established as
the area bounded by 1-95 on the west, Swinton Avenue on. the east, SW 1st Street on
the south, and NW 1st Street on the north, and extending one block north ef NW 1st
_Street. along NW 5th Avenue to include Blocks. 19 and 27, Town of Delray. The
P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 7
regulations established in Sections 4,4,9(E)(4) and 4.4.9(G)(1) shall apply to all GO
zoned parcels within the Overlay District
(C) West Atlantic Avenue Architectural Review Committee {AR(:;);
(1) An Architectural Review Committee is hereby established to review all
development proposals located in the Overlay District. The ARC acts in
an advisory, capacity, to the Board(s) taking action on a development
proposal.
(2) The ARC will consist of 7 members serving 2 year terms. Three of the
initial members will serve 1 year terms in order to stagger the terms of
committee members. ARC members are nominated by the CRA Board of
Commissioners,.
a_).. Members of the ARC shall be residents, property owners, or
business owners within the area bounded by SW 10th Street, 1-95,
Swinton Avenue, and Lake Ida Road.
b_)_ Membership of the Committee will be as follows;
· _. ,Two land development professionals (architect.' engineer.
surveYor, landscape architect, contractor, etc.);
· Two owners of businesses located in the West Atlantic Avenue
Overlay District and
· __ Three at large
(3)AIl applications, including signs, for commercial or mvltiple family
residential development within the West Atlantic Avenue Overlay District
will be referred to the ARC and the Community Redevelopmerlt Agency.
for adviso~ review and comment.
(4) The ARC will meet as required to review submissions, rather than at
regular intervals.
LDR Section 4.$.9(E)(3) In-lieu Fee: If it is impossible or inappropriate to provide the
required number of on-site parking spaces, the City Commission may approve the
payment of a fee in-lieu of providing such required parking, pursuant to the following
provisions:
(a) The in-lieu fee is only authorized only in the CBD er, OSSHAD, and GC
(West Atlantic Overlay. District) Zoning Districts in compliance with the
Supplemental District Regulations therein.
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