Ord 12-99 ORDINANCE NO. 12-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.3,
"ACCESS REQUIREMENTS AND RESTRICTIONS", SECTION
5 . 3 . 1, "STREETS (RIGHTS-OF-WAY) ", SUBSECTION
5.3.1(E), "IMPROVEMENT OBLIGATIONS", SECTION 6.1.2,
"STREET DESIGN", AND SECTION 6.1.4, "DRIVEWAYS AND
POINTS OF ACCESS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, TO CLARIFY
AND CONSOLIDATE PUBLIC INFRASTRUCTURE REQUIREMENTS
AND OBLIGATIONS FOR SITE DEVELOPMENT; 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 proposed text amendments at a public
hearing on February 22, 1999, and voted unanimously to recommend
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 changes are consistent with and further 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 Section 4.6.3, "Access Requirements and
Restrictions", Section 5.3.1, "Streets (Rights-of-Way)", Subsection
5.3.1(E), "Improvement Obligations", Section 6.1.2, "Street Design",
and Section 6.1.4, "Driveways and Points of Access", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same are hereby amended as set forth in Exhibit "A" attached
hereto and made a part hereof.
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conflict herewith be, and the same are hereby repealed.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.
Section 4. That this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 16th day of March , 1999.
'City Cl~rk
First Reading March 2, 1999
Second Reading March 16, 1999
- 2 - Ord. No. 12-99
Section 4.6.3 Access Requirements and Restrictions:
Section 5.3.1 (E)
(E) Improvement Obligations: Concurrent, or prior to, construction
associated with an approved development application, the development shall provide
for the construction of improvements as identified in Section 5.3.1(C)_~ off-site
improvements as imposed as conditions of approval as well as improvements identified
under Section 6.1.2 (A). tn
Exhibit "A" to Ordinance 12-99 Page 1 of 11
CHAPTERSIX INFRASTRUCTURE AND PUBLIC PROPERTY
ARTICLE 6.1 DESIGN STANDARDS AND REQUIREMENTS
Section 6.1.1 General:
(A) Rule: The standards contained within this Article are applicable to the
provision of essential services associated with development and redevelopment. These
standards apply to the installation of infrastructure whether or not it is publicly or
privately maintained.
(B) Waivers Allowed: Waivers to the Standards set forth in this Article 6.1
are allowed pursuant to Section 2.4.7(B)(1)(a) provided that the City Engineer concurs
in the granting of the waiver.
Section 6.1.2 Streets and Alleys:
(A) Improvement Obligations: Concurrent, or pdor to, construction
associated with an approved development application, the development shall provide
for the construction of improvements as identified in Section 5.3.1(C) and off-site
improvements to the following extents.
(1) When the street or alley is totally contained within a subdivision or
development project, all improvements necessary to accommodate the demands and
impacts of the project shall be provided.
(2) When the street or alley is located on a boundary of the project, the
project is responsible for providing one-half of the current costs (in cash funds) of such
improvements along its property line unless the project requires greater participation as
follows in subsections (a) or (b).
(a) When access to the project is provided from a local street
and/or alley, then the project must provide appropriate traffic
lanes meeting requirements of Section 5.3.1(C) in order to
provide continuous ~3aved access from the nearest paved
Exhibit "A" to Ordinance 12-99 Page 2 of 11
street or alley to the project in addition to the improvements
on its side of the center line of right-of-way.
(b) When additional travel lanes are required to accommodate
demands made by the project, then the project needs to
provide such additional traffic lanes in addition to the
improvements on its side of the center line of right-of-way
and those required by 5.3.1. (E)(2)(a).
(3) Off-site improvements must be provided as imposed by conditions
of approval on the development application.
~ (B) Principles of Design: The following principles of street and alley design
and layout shall be followed in the platting of subdivisions and development of single
lots and large tracts of land. -r~.~,
(1) The arrangement, character, extent, width, grade, and location of
all streets shall conform to the Palm Beach County Thoroughfare Plan, the Florida
Department of Transportation Highway Plan, and the Master Street Plan as contained in
the Traffic Element of the Comprehensive Plan. Also, these factors shall be considered
in their relation to existing and planned streets, to topographic conditions, to public
convenience and safety, in their appropriate relationship to the proposed use of the land
to be served by such streets, and the most advantageous development of the
surrounding neighborhood.
(2) A proposed street or alley layout shall provide for the continuation
or projection of existing streets and alleys in the surrounding area unless the Planning
and Zoning Board deems such extension undesirable for specific reasons of topography
or design.
(3) Any new street or alley that is an extension of an existing street or
alley shall have the same width of right-of-way and be paved to the same widths as the
existing street or alley provided that it must meet the minimum construction standards of
these regulations and that such widths meet the minimum requirements of this Section.
(4) Residential streets,alleys and access roadways shall be laid out to
discourage through traffic, but provision for street and alley connections into and from
adjacent areas will generally be required.
(5) Where development abuts, or contains, an existing or proposed
arterial street, the City may require marginal access streets, reverse frontages with
screen planting contained in a non-access reservation along the rear property line, deep
lots with rear service alleys, or such other treatment as may be necessary for adequate
protection of residential properties and to afford .separation of through and local traffic.
Exhibit "A" to Ordinance 12-99 Page 3 of 11
(6) Where a development borders on or contains a railroad right-of-
way, expressway, drainage canal, or waterway, the City may require a street
approximately parallel to and on each side of the right-of-way, at a distance suitable for
the appropriate land use of the intervening land. The distance shall also be determined
with due regard for the requirements of approach grades for future bridges or grade
separations.
(7) Reserve strips controlling access to streets shall be prohibited
except where their control is definitely placed in the City under approved conditions.
Such reserve strips shall be required, as limited access easements, along all arterial
and collector streets except for approved points of ingress and egress.
(8) Curvilinear streets are recommended for residential, minor, and
collector streets in order to discourage excessive vehicular speeds and to provide
attractive vistas.
(9) "T" intersections of minor and collector streets are encouraged.
/~f~ ,~,~,r. ee~Design Requirements: The following standards shall be met in
the design of all streets or alleys.
(1) Curves:
(a) Whenever a street or alley changes direction, or connection
street lines deflect from each other by more than ten
degrees, there shall be a horizontal curve.
(b) A tangent shall be provided between reverse curves. The
tangent shall have the minimum lengths of:
* 100' along collector streets
* 250' along arterial streets
(c) Center line radii for horizontal curves shall be:
· 150' along local streets
· 300' along collector streets
· 500' along minor arterials
· 750' along major arterials
(2) Intersections:
(a) Streets shall be laid out to intersect as nearly as possible at
right angles. No street shall intersect another at an angle of
Exhibit "A" to Ordinance 12-99 Page 4 of 11
less than 60 degrees except at a "Y" intersection of local
streets.
(b) Intersections involving junction of more than two streets are
prohibited except where found to be unavoidable by the
Local Planning Agency.
(c) As far as possible, intersections along arterial streets shall
be located not less than 800 feet apart, measured from
center line to center line.
(d) Street jogs with center line off-sets less than 125' shall be
avoided.
(e) Property line radii shall be as follows:
· 25' along local streets
· Greater than 25', as determined by the City Engineer,
at intersections which are less than 60 degrees
· Edge of paving shall be on a minimum radii of 40 feet
excepting in cases where the width of right-of-way
does not so permit.
(3) Paving Widths:
(a) Minimums: The following are the minimum paving widths
which are required for the category of street or alley.
I MINIMUM PAVINO
CATEGORY WIDTHS
Arterial Street 24.,3~ Feet
Collector Street 2d 3~_ Feet
Local Streets 24 Feet
Marginal Access Street 24 Feet
Access Roadway 24 Feet
Alleys 16 Feet
(b) Additional Paving: Additional width may be required by the
City Engineer to promote public safety and welfare, and to
assure adequate access, circulation, and parking in high-
density residential areas, commercial areas, and industrial
Exhibit "A" to Ordinance 12-99 Page 5 of 11
areas. To determine the necessity for additional pavement,
the City Engineer may require the applicant to furnish a
traffic impact analysis and, based upon this analysis, the City
Engineer shall determine the extent to which any additional
paving will be needed.
(c) Reduction in Paving Width: Upon the recommendation of
the City Engineer, and with the approval of the Fire Marshal,
the Commission may authorize a reduction in the minimum
required width of paving as set forth in (a) of this Subsection,
if it is determined that the requirements of (a) of this
Subsection would not be feasible or would constitute a
hardship in a particular instance and provided this reduction
would not endanger public safety and welfare.
(4) Dead-End Streets and Cul-De-Sacs:
(a) Rule: Dead-end streets without provision of a turnaround
are prohibited. Generally, a cul-de-sac shall be required;
however, in unique situations where a cul-de-sac cannot
reasonably be accommodated either a 'q'" or "hammerhead"
turn around may be accepted by the Local Planning Agency
if approved by the Fire Marshal.
(b) Temporary Dead-Ends: If a street is to be a through street
but shall terminate in a dead-end for a significant period of
time, a temporary turnaround shall be provided. The
temporary turnaround shall be paved unless otherwise
provided for by the Planning and Zoning Board.
(c) Length: A dead-end street shall not exceed 1,000 feet
except upon a finding by the Planning and Zoning Board that
one or more of the following would occur:
· The preservation of natural features and resources
· Elimination of unnecessary traffic in the area
· Preservation or increasing of open space.
(d) Cul-De-Sac Turnaround Design Standards: The cul-de-
sac shall be constructed to the following standards:
· Minimum diameter to the outer edge of pavement, or
curb line, of ninety feet (90')
Exhibit "A" to Ordinance 12-99 Page 6 of 11
· Minimum diameter to property line of one hundred feet
(100').
(~7,-)(D) Street and Alley Construction Standards: Before any street or alley
construction plans are approved by the City Engineer, he shall be satisfied that the
following requirements, conditions, and standards are complied with.
(1) Standard Reference: The Florida Department of Transportation
Specification for Road and Bridge Construction, Edition of 1973, and all Supplemental
Specifications, all of which shall be hereinafter referred to as the DOT Specifications,
are hereby made a part of this subsection. Where reference is made to the department
in the DOT Specifications, it shall be construed to refer to the City. Any and all work not
specifically mentioned hereafter shall be performed in accordance with the applicable
portions of the DOT Specifications.
(2) Clearing and Grubbing: Unless specifically approved in the plans
and specifications the entire width of the right-of-way shall be cleared and grubbed in
accordance with Section 110 of the DOT Specifications.
(3) Excavation and Embankment: Excavation and fill, if called for in
the approved plans and specifications, shall be in accordance with the applicable
portions of Section 120 of the DOT Specifications.
(4) Subgrade: The subgrade shall be uniformly stabilized to a depth of
eight inches to produce a Florida bearing value of 50 psi, in accordance with Section
160 in the DOT Specifications. A compaction of 98% of the maximum density as
determined by AASHO Method T-180 shall be deemed sufficient. Unless specifically
deleted in the approved plans and specifications, shoulders eight feet in width on each
side of the base course shall be stabilized in accordance with Section 160 of the DOT
Specification. The subgrade shall be brought to true grade and approved by the City
Engineer prior to installation of the base course.
(5) Base Course:
(a) A base course of limerock as specified in Section 911 of the
DOT Specifications shall have a minimum depth of eight
inches after compaction, and shall be compacted in two
layers to the 98% dry density, all in accordance with the
provisions of Section 200 of the DOT Specifications. Ocala
formation or Miami Ocala formation is acceptable; minimum
percentage of carbonates (of calcium and magnesium) in
limerock material shall be 95% for Ocala limerock and 70%
for Miami limerock. The width of the base course shall
exceed the width of pavement as called for in the approved
plans and specifications by 12 inches on each side. The use
of forms for this course will not be required, and the use of
suitable equipment shall be approved by the City Engineer.
Exhibit "A" to Ordinance 12-99 Page 7 of 11
The base course shall be inspected and approved by the
City Engineer prior to installation of the prime coat.
(b) In case the above materials are not available, the City
engineer may allow deviations from the above specifications,
or may permit the use of shell rock. Shell material shall be
molusk shell. At least 50% (by weight) of total material shall
be retained on a No. 4 sieve, not more than 7-1/2% (by
weight) of the total material shall pass the No. 200 mesh
sieve when determined by elutriations (washing), 40%
carbonates by weight. If shell material of the above
proportions is not available, deviations may be approved by
the City Engineer.
(6) Priming: After approval, the base course shall be primed and a
tack coat applied all in accordance with Section 300 of the DOT Specifications.
(7) Surface Course: The surface course shall be Type II hot laid
asphaltic concrete and shall have a minimum depth of 1-1/2 inches after compaction.
Width of paving shall be as called for in the approved plans and specifications and all
work shall be in accordance with the applicable portions of Sections 320, 330, 331, and
332 of the DOT Specifications. Final inspection and approval of the surface course by
the City Engineer shall be required.
(8) Clean Up: The site shall be cleared of all debris, excess fill, and
equipment in a good and workmanlike manner as approved by the City Engineer.
(9) Grade, Drainage: The City Engineer shall approve the grade and
drainage facilities for all construction before a permit shall be issued therefor.
(10) Specifications for Curbs and Gutters: Where the road section
approved by the Commission calls for curbs and gutters, they shall be constructed of
Class I concrete with a minimum strength of 3,000 psi in accordance with Section 520 of
the Florida Department of Transportation Standard Specifications for Road and Bridge
Construction, Edition of 1973.
Exhibit "A" to Ordinance 12-99 Page 8 of 11
Section 6.1.4 Driveways and Points of Access:
(A) Principles of Design:
(1) General Application: Regulation of the configuration of driveways
and limitations on the points of access from private property onto street systems are
necessary to provide for safe and efficient control of vehicular movement.
(B) Access Requirements and Restrictions:
(1) All buildings and, structures shall be on a lot that takes access from
a paved street, alley, or road. All buildings and structures shall be located on lots in
such a manner as to provide for safe and convenient access for servicing, fire
protection, and required off-street parking. Driveways and points of access are further
govemed by Section 6.1.4.
(2) Where commercially zoned property is adjacent to, but separated
by a street from single family zoned property, the commercially zoned property shall not
use such separating street as access unless no other means of ingress and egress to
the commercially zoned property exists.
(3) All improved lots shall have frontage on a paved private or public
street. All access to improved lots shall be from a paved private or public street, road or
alley. If paved access is not available the development must provide continuous paved
access from the site to the nearest paved street, road or alley.
(4) All streets and alleys shall be defined by being a dedicated right-of-
way (for public streets) or as a tract of land (private streets).
(.B.)(_C) Design Requirements:
(1) Minimum Width: A two-way driveway shall normally have a width
of twenty-four feet (24'). In instances where there are no points of conflict in the
immediate vicinity of the driveway and the internal circulation system, the width may be
approved at a minimum width of twenty feet (20'). One-way points of ingress and
egress shall have a width of twelve feet (12'). These minimum provisions do not apply
to detached single family development.
(2) Maximum Width: Exceptions to the normal 24' width may be
granted for:
(a) Points of ingress and egress to gasoline stations up to a
maximum width of thirty-six feet (36');
Exhibit "A" to Ordinance 12-99 Page 9 of 11
(b) Controlled access points into a shopping center may have a
width greater than 24' when such width is necessary to
handle the volume of traffic at the point of access; The need
for such width shall be demonstrated through a traffic study;
(c) Points of egress for Fire Stations and similar facilities which
require ample maneuvering area.
Note: The above regulation prohibits "curb-cuts" greater than 24' and will, thus, not
accommodate the practice of vehicles backing from the parking area of duplexes
into adjacent streets, except from a~ a 24' wide driveway.)
(3) Number, Location, Spacing, and Stacking: The following
spacing requirements shall be observed in the location and spacing of driveways.
(a) Number: There shall be no more than two points of access
into a non-residential development along any street unless
the need for additional spaces is proven by a traffic study
and the additional points of access are specifically granted
through the site plan review process.
(b) Location:
No driveway shall be located within twenty-five feet (25')
of the extension of ultimate right-of-way lines at any
intersection.
No driveway shall be located within five feet (5') of a
property line except in zero lot line developments.
Driveways at gasoline stations or convenience food
stores shall not be within fifteen feet (15') of an interior
property line.
· Access roads and driveways which access parking lot
with more than 100 spaces shall be located so as to be
directly across from or off-set by a minimum distance of
fifty feet (50') from existing driveways located on parcels
or lots across a common street, unless cross access is
prohibited by a median.
(c) Spacing: A minimum distance of twenty-five feet (25') shall
be maintained between driveways located on the same
parcel or lot.
Exhibit "A" to Ordinance 12-99 Page 10 of 11
(d) Stacking: See Section 4.6.9(D)(3)(c). [Amd. Ord. 22-92
6/16192]
(4) Sight Distance:
(a) Sight distance pursuant to Section 4.6.14 shall be provided
at the intersection of driveways and streets.
(5) A nonpublic (private) access easement upon one Lot or Parcel
which provides ingress and egress for one adjoining single family Lot (or Parcel) of
Record, and similar uses, is excluded from the provisions of this Subsection (B).
(6) Exemption of Backing Into Alleys: The design requirements of
this subsection (C) do not apply to situations where vehicles are allowed to back directly
into adjacent alleys. All other subsections shall apply including A,B, and D.
(.C-)(D) Construction Requirements:
(1) Driveways may be constructed of concrete or asphalt. In addition,
the City Engineer may approve an alternative surface type including, but not limited to,
stamped concrete which creates a noticeable pattern in the finished product. When the
alternative surface is loose rock (i.e. Chatahoochee) and there is a sidewalk in front of
the property, the loose rock shall be limited to the pdvate property side of the sidewalk
(no loose stone in the right-of-way). If the City has to perform maintenance within the
rights-of-way, any displaced stamped concrete will be replaced with a smooth, non-
colored, non-stamped finish. At the discretion of the City Engineer, the stamped surface
may be replaced with a similar stamped surface if the additional cost (over and above
smooth, non-colored, non-stamped finish) is borne by the abutting property owner.
Alternative surfaces other than stamped concrete will be replaced with material at the
discretion of the City Engineer. [Amd. Ord. 5-98 1/20/98]
(2) Driveways shall include that portion of the street located between
the travelway (traffic lanes) and private property and said area shall be paved or
improved with an alternative surface as approved by the City Engineer.
(3) If an alternative driveway surface other than concrete is selected,
the subbase is to comply with standards outlined in LDR Section 6.1.2 (C). [Amd. Ord.
5-98 1120/98]
(4) Maintenance of concrete, asphalt or alternative surface driveways
constructed within the right-of-way is the responsibility of the
abutting property owner. [Amd. Ord. 5-98 1/20198]
S.adv/Idramendd riveways
Exhibit "A" to Ordinance 12-99 Page 11 of 11
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM #~- REGULAR MEETING OF MARCH 16, 1999
ORDINANCE NO. 12-99 (LDR AMENDMENTS RELATED TO
INFRASTRUCTURE IMPROVEMENT OBLIGATIONS)
DATE: MARCH 12, 1999
This is second reading and a public hearing for Ordinance No.
12-99 which amends various sections of the Land Development
Regulations related to infrastructure improvement obligations.
The proposed amendments will clarify the current requirements that
all improved lots are to be accessed from a paved street, road or
alley. These changes are necessary given the recent court ruling
in the Powell case which found that the LDRs as written "could not
reasonably be interpreted to impose such a paving requirement"
The inability of the court to correctly interpret the LDRs came
from confusion relating to the location of certain sections,
inappropriately located subsections, and lack of references to the
regulations applying to alleys as well as to streets.
In summary, the changes to Section 4.6.3 include relocating the
entire section from "Supplementary District Regulations" to the
"Infrastructure and Public Property" portion of the LDRs. Also,
language was included to clarify that all improved lots are to
take access from a paved surface and if not available, a
continuously paved access must be constructed from the site to the
nearest paved street, road or alley.
Section 5.3.1(E) has been relocated from Chapter 5 to Chapter 6,
"Infrastructure and Public Property", as it applies to all
development, not just property being subdivided. It was added
under Section 6.1.2 (Streets and Alleys) and contains additional
language stating that requirements apply to access for all lots
including those which take access from alleys. Section 6.1.2 has
also been modified with additional references to alleys.
Section 6.1.4 is modified by moving the "Exemption of Backing into
Alleys" section so it is clear the exemption only refers to
requirements of subsection 6.1.4(C) and not to the entire section.
Confusion with this exemption section was cited by the court as
one of the reasons the LDRs as currently written could not be
reasonably interpreted to require paving in the Powell case.
The Planning and Zoning Board considered the text amendments at a
public hearing on February 22, 1999, and voted 6 to 0 to recommend
approval. At first reading on March 2, 1999, the Commission
passed the ordinance by a vote of 4 to 0.
Recommend approval of Ordinance No. 12-99 on second and final
reading, based upon the findings and the recommendation of the
Planning and Zoning Board.
ref: agmemol3 ~~ ~--O
MEETING OF: FEBRUARY 22, 1998
AGENDA ITEM: V.C. AMENDMENT TO LAND DEVELOPMENT REGULATIONS
SECTIONS 4.6.3, 5.3.1, 6.1.2, and 6.1.4, RELATING TO
INFRASTRUCTURE IMPROVEMENT OBLIIGATIONS.
The item before the Board is that of making a recommendation to the City Commission
regarding proposed LDR changes to Sections 4.6.3, 5.3.1, 6.1.2 and 6.1.4 relating to
infrastructure improvement obligations.
The proposed LDR amendments to Sections 4.6.3, 5.3.1, 6.1.2 and Section 6.1.4 will
clarify the current requirements that all improved lots are to be accessed from a paved
street, road or alley. These changes are necessary given the courts recent rulings in
the Powell case which indicated that the LDRs as written "could not reasonably be
interpreted to impose such a paving requirement". The inability of the Courts to
interpret the current LDRs came from confusion relating to the location of certain LDR
sections, inappropriately located subsections and lack of references to the regulations
applying to alleys as well as to streets.
The amendments deal with four specific LDR sections as identified above. In summary
the changes to Section 4.6.3 include relocating the entire section from "Supplementary
District Regulations" to the "Infrastructure and Public property" portion of the LDRs. In
addition, references to the regulations extending to alleys were added including
clarifying language that all improved lots are to take access from a paved surface and if
not available, they must construct a continuously paved access from the site to the
nearest paved street, road or alley.
Section 5.3.1(E) has been relocated from Chapter 5 (Subdivision Regulations) to
Chapter 6 "Infrastructure and Public Property" as it applies to all development not just
subdivided property. This section was added under Section 6.1.2 (Streets and Alleys)
and contains additional language stating that requirements apply to access for all lots
including those which take access from alleys.
P&Z Board Memorandum Staff Report
Amendment to the LDRs Sections 4.6.3, 5.3.1, 6.1.2 and 6.1.4. infrastructure obligations
Page 2
Section 6.1.2 has been modified to add Section 5.3.1 and additional references to alleys
have been added. Section 6.1.4 has been modified by moving the "Exemption of
Backing into Alleys" section so it is clear the exemption only refers to requirements of
Subsection 6.1.4 (C) and not to the entire Section 6.1.4. Confusion with this exemption
section was cited by the Court as one of the reasons the LDRs as currently written
could not be reasonable interpreted to required paving in the Powell case.
These changes have been reviewed by the City Attorneys office and the City Engineer
and clearly outline public infrastructure requirements of site development. The
relocation of certain LDR sections to more appropriate and applicable sections of the
LDRs will allow the requirements to be interpreted as they were intended.
Recommend that the City Commission approve the attached changes to LDR Sections
4.6.3, 5.3.1, 6.1.2 and 6.1.4 relating to infrastructure improvement obligations.
S:\adv\ldrdrive
-2-
Boca Raton News, Friday, March 5, 1999 1C
..
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIA'I}IE DOMiING~UEZ, DIRECTOR OF PLAN~;I~I~H~&"~(~I~J~-'~
FROM: PAUL DORLING, ,,~,I~INClPAL PLANNER
SUBJECT: MEETING OF MARCH 2, 1999: AMENDMENT TO LDRs SECTIONS
4.6.3, 5.3.1, 6.1.2, and 6.1.4, RELATING TO INFRASTRUCTURE
IMPROVEMENT OBLIIGATIONS.
The action requested of the City Commission is that of approval of LDR changes to
Sections 4.6.3, 5.3.1,6.1.2 and 6.1.4 relating to infrastructure improvement obligations.
·
The proposed LDR amendments will clarify the current requirements that all improved
lots are to be accessed from a paved street, road or alley. These changes are
necessary given the recent court ruling in the Powell case which indicated that the
LDRs as written "could not reasonably be interpreted to impose such a paving
requirement". The inability of the court to correctly interpret the current LDRs came
from confusion relating to the location of certain LDR sections, inappropriately located
subsections, and lack of references to the regulations applying to alleys as well as to
streets.
In summary the changes to Section 4.6.3 include relocating the entire section from
"Supplementary District Regulations" to the "Infrastructure and Public Property" portion
of the LDRs. In addition, language was included to clarify that all improved lots are to
take access from a paved surface and if not available, a continuously paved access
must be constructed from the site to the nearest paved street, road or alley.
Section 5.3.1(E) has been relocated from Chapter 5 (Subdivision Regulations) to
Chapter 6 "Infrastructure and Public Property" as it applies to all development, not just
property being subdivided. This section was added under Section 6.1.2 (Streets and
Alleys) and contains additional language stating that requirements apply to access for
all lots including those which take access from alleys.
Section 6.1.2 has been modified to add Section 5.3.1 along with additional references to
alleys. Section 6.1.4 has been modified by moving the "Exemption of Backing into
Alleys" section so it is clear the exemption only refers to requirements of Subsection
6.1.4 (C) and not to the entire Section 6.1.4. Confusion with this exemption section was
cited by the court as one of the reasons the LDRs as currently written could not be
reasonably interpreted to require paving in the Powell case.
m.
..
City Commission Documentation
Amendment to Ldrs Sections 4.6.3, 5.3.1,6.1.2, and 6.1.4, Relating to Infrastructure Improvement Obligations
Page 2
These changes have been reviewed by the City Attorney's office and the City Engineer
and clarify public infrastructure requirements of site development. The relocation of
certain LDR sections to more appropriate and applicable sections of the LDRs will allow
the requirements to be implemented as intended.
The Planning and Zoning Board considered the amendments at a public hearing on
February 22, 1999. No one from the public spoke and the Board unanimously
recommended approval on a 6-0 vote (Eliopoulos absent).
By motion, approve the attached changes to LDR Sections 4.6.3, 5.3.1, 6.1.2 and 6.1.4
relating to infrastructure improvement obligations.
Attachment: P&Z Staff Report for Meeting of February 22, 1999
S:\adv\ldrdriveccdoc