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73-95 ORDINANCE NO. 73-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ENACTING SECTION 4.5.6, "THE WEST ATLANTIC AVENUE OVERLAY 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 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: Section 1. That Chapter Four, "Zoning Regulations", Article 4.5, "Overlay and Environmental Management Districts", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting Section 4.5.6, "The West Atlantic Avenue Overlay District", to read as follows: Section 4.5.6 The West Atlantic Avenue Overlay District: (A) ~ With the adoption of the City's Comprehensive Plan, by Ordinance No. 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 was 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) ~ The West Atlantic Avenue Overlay District is hereby established as the area bounded by 1-95 on the west, Swinton Avenue on the east, S.W. 1st Street on the south, and N.W. 1st Street on the north, and extendin~ one block north of N.W. 1st Street along N.W. 5th Avenue to include Blocks 19 and 27, Town of Delray. The 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 (ARC) 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 Architectural Review Committee will consist of seven (7) members serving two (2) year terms. Three of the initial members will serve one (1) year terms in order to stagger the terms of committee members. ARC members are nominated by the Community Redevelopment Agency Board of Commissioners. (a) Members of the ARC shall be residents, property owners, or business owners within the area bounded by S.W. 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 members at large. (3) All applications, including 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 advisory review and comment. (4) The ARC will meet as required to review submissions, rather than at regular intervals. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. 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. - 2 - Ord. No. 73-95 ~ 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 Dece~er , 1995. ATTEST: ~ C~ty C~erk / First Reading November 21, 1995 Second Reading December 5, 1995 - 3 - Ord. No. 73-95 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~/ o/ SUBJECT: AGENDA ITEM ~ /O ~ - MEETING OF DECEMBER 5. 1995 $~CQND READING & PUBLIC HEARING FOR ORDINANCE NO. 73-95 (ENACTING 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 (#73-95) amends Article 4.5, "Overlay and Environmental Management Districts", by enacting Section 4.5.6, "The West Atlantic Avenue Overlay District". This section defines the area established as the overlay district, sets forth the purpose, and provides for the West Atlantic Avenue Architectural Review Committee (ARC). 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 by unanimous vote. Recommend approval of Ordinance No. 73-95 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:agmemol9 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~TY MANAGER SUBJECT: AGENDA ITEM # I~- MEETING OF NOVEMBER 21, 1995 FIRST READING FOR ORDINANCE NO. 73-95 (ENACTING WEST ATLANTIC AVENUE OVERLAY DISTRICT) 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 (#73-95) amends Article 4.5, "Overlay and Environmental Management Districts", by enacting Section 4.5.6, "The West Atlantic Avenue Overlay District". This section defines the area established as the overlay district, sets forth the purpose, and provides for the West Atlantic Avenue Architectural Review Committee (ARC). 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. 73-95 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. ref:agmemol9 CITY COMMISSION DOCUMENTATION THRU: D~0MIN~I~CT~;~ DEPARTMENT OF PLANNIffi~G AI~D ZONING FROM: 'JEF~PERKINS, SENIOR PLANNER SUBJECT: MEETING OF NOVEMBER 21, 1995 LDR TEXT AMENDMENTS TO LDR SECTION 4.3.4(H)(6)(a) ~ BUll, DING SETBACKS, LDR SECTION 4.3.4(J)(4)(b)(i) INCREASES TO HEIGHT REGULATIONS, LDR Section 4.6.9(E)(3) -JJ~EJ. JEU_F_.EE, 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)(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) -JJ~!~.Jj~,LF_~,, SECTION 4.5,6 THE WEST ATLANTIC AVENUE OVERLAY DISTRICT, AND LDR SECTION 4.4.9 GENERAL COMMERCIAL {GC) DISTRICT I.TEM 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 fo'rmal public notice to property owners within a 500' radius of the subject properties is required. Courtesy notices have been sent to: El Clay Wideman El Carolyn Zimmerman Delray Merchants Association West Atlantic Avenue ARC Peach Umbrella Associatior~ El Norma Banoura El 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 Building Setbacks: LDR Section 4.3.4(J)(4)(b)(i) Increases to Height Regulations (4) Area "D" - the ~ orooerties ~i,~,,- ,.;,~,, ,,, ~,.-,,,,;,, n ....... ~,,~, =~-'~'~ ~"~ .NTM ! °* ~'"'~* '~"~"'""" ~"""" ' a~ *" ~'"~"*"~ n ....... 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 ~ ........ * ~c *~c ..... ~ .... ~ '~ '~ ~/~ exce[~t as prohibited in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(e): (E)Review and Approval Process: (4) All applications for commercial or multiple family residential development, includir~g .signs. within th, e West Atlantic Avenue Overlay District will be forwarded to the West Atlantic Avenue Architectural Committee (ARC) end 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 followino develooment standards shall apply fellewh~ 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 exi,sting 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 reauiremer~t 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 3: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_~plemental 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 drooping off. or otherwise transporting of workers, assigned through an employment agency from an assembly point to the work site (b) Dwelling units are pem3itted 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). (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. :D-. There is no restriction on repair and/or reconstruction of non-conforming single family residences located a minimum of 150 feet from Atlantic 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 Atlantic 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 second hand material, except verifiable antique,~ 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 F~ture 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 Distdct 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. _al_ 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 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 o,-,!~,' authorized only. in the CBD e¢, OSSHAD, and GC (West Atlantic Overlay District) Zoning Districts in compliance with the Supplemental District Regulations therein.