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Ord 13-99 ORDINANCE NO. 13-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER THREE, "PERFORMANCE STANDARDS", TO CONFORM WITH THE OBJECTIVES AND POLICIES OF THE EVALUATION AND APPRAISAL REPORT (EAR) BASED COMPREHENSIVE PLAN; 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 forwarded the changes 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 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 Chapter Three, "Performance Standards", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is 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 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed.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 ~ , 1999. ~Ci~y C~rk First Reading March 2, 1999 Second Reading' March 16t 1999 CHAPTER THREE P E R F O R M A N C E S T A N D A R D S Chapter Three sets forth Level of Service Standards consistent with the Comprehensive Plato It also sets forth performance standards by which a development application shall be assessed for the purpose of determining overall consistency with the Comprehensive Plan and with good planning, engineering and design practice. ARTICLE 3.1 REQUIRED FINDINGS FOR LAND USE AND LAND DEVELOPMENT APPLICATIONS Section 3.1.1 Required Findings: Prior to the approval of development applications, certain findings must be made in a form which is a part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. (A) Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map fer.4he.4e,=~. (B) Concurrency: Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not ex~d the ability of the City to fund and provide, or to require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach. (UJ A 5.5) (L'J B 2.4) (C!E A 7) (C) Consistency: A finding of overall consistency may be made even though the action will be in conflict with some individual performance standards contained within Article 3.32, provided that the approving body specifically finds that the beneficial aspects of the proposed project (hence compliance with some standards) outweigh the negative impacts of iderri~fied points of conflict. ~ (D) la4~,~u~.-+,e Compliance with LDRs: Whenever an item is identified elsewhere in these Land Development Regulations (LDRs), it shall specifically be addressed by the body taking final action on a land development application/request Such items are found in Section 2.4.5 and in special regulation portions of individual zoning district regulations. Exhibit :A" to Ordinance No. 13-99 Page 1 of 6 ARTICLE 3.2 LEVEL OF SERV!CE _eTAMDARD_~ ARTICLE 3°32 PERFORMANCE STANDARDS Section 3.32.1 Basis for Determining Consistency: The performance standards set forth in this ~,rticle either reflect a policy from the Comprehensive Plan or a principle of good planning practice. ~^~' ...... -~ ....... +~-'~""'~ -"~'~"+ .... '; .... ~ +~'~ P!an, ~ ~"""" "-" ~ -~ +~ '.~ "~ :' .... +~ The pe~ormance standards set fodh in the following sections ~ as well as complian~ ~ with items specifically listed as required findings in appropriate potions of Section 2.4.5 shall be the basis upon which a ~nding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this A~icle shall not be a basis for not allowing consideration of other objectives and policies found in ~e adopted Comprehensive Plan in the making of a finding of overall consistency. ~ Section 3.32.2 Standards for Rezoning Actions: der.!~_d. (H A 2?.) The most restrictive residential zoning district that is applicable given existing development Dattems and typical lot sizes shall be applied to those areas Exhibit "A" to Ordinance No. 13-99 Page 2 of 6 identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. (B) Rezoning to AC (Automotive Commercial) to accommodate auto dealerships shall not be permi~ed west of 1-95. that would result in strip commercial development shall be avoided, m~;~. .... ~""" .... .... , _.._~' .... ~,~_. ~ s~rip commercial developments ~ or zoning currently exists along an aderial street consideration should be given to increasing the depth of the commercial zoning in order to provide for be~er project design. ~ (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibili~ may occur, that su~cient reguTations exist to properly mitigate adverse impacts form from the new use. (E) Remaining, isolated infill lots within the coastal plannin~ area shall be developed under zonin~ which is identical or similar to the zonin~ of adjacen~ prope~ies; and, the resultin~ development shall be of a design and intensi~ which is similar to the adjacent development. Section 3.32.3 Standards for Site Plan and/or Plat Actions: (A) Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. (TR C !.2) (B) Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in ~ ..... ~* ....... *;'-- ',~ * ..... ' ....... ;,- .................'"'~'~' ~ ..... hit~'~', -.-~-.--,him'"~" .... Bna ?_d_-~_tr!~_n: .'., a manner consistent with policies found under e__Objective_s D-1 and D-2 of the Tr__~-'_ Transportation Element. (C) Open space enhancements as described in Policies found under ~ _~;'~__-'_~ :nd R_-'cr-'_:t!on Objective B-1 of the Open Space and Recreation Element are appropriately addressed. (©SP. =_ ~)./~, ......." ~ '~ o~, Exhibit "A" to Ordinance No. 13-99 Page 3 of 6 ~ The Ci~ shall evaluate the e~ect that any street widenin~ or tra~c circulation modi~cation may have upon an existin~ neighborhood. If it is determined that the widenin~ or modi~caOon will be detrimental and result in a degradation of the neighborhood, the proj~t shall not be permi~ed. (E) Development of vacant land, which is zoned for residential purposes, shall be planned in a manner that is consistent with adjacent development regardless of zoning designations. (H C (F) Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. '~; ....... ......... _~__.'~ /', ....." ~ ~.5) Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policie, s under Objective B-2 of the Housing Element. (H) The City shall consider the effect that the proposal will have on the stabi!i~ of nearby .neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. (I) Development shall not be .approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. (J) Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer Ban 25 units. Exhibit "A" to Ordinance No. 13-99 Page 4 of 6 Section 3.32.4 Standards for Specific Areas or Purposes: (A) Wellfield Zones: The City shall continue to assure compliance with A==ur=~'ce *~'"+. .... ~. ..... ............ ~o~ .... ~ the County Wellfield Protection Ordinance ~ ccm~!!_~_'J w!th. /,r-_c~_ A 2.!) by including compliance as a performance standard for which a specific finding must be made upon approval of any site plan or conditional use action. (B) Environmentally Sensitive Areas: That any significant flora or fauna communities which are identified pursuant to a biological survey and habitat analysis required by Conservation Element Policy B-2.1 are being appropriately treated as if they were environmentally sensitive areas as identified in Policy B-1.1 ........... ["-'*-"~ ~'' ~h.',~,,+;,,,,, ..... - --= 1 of the Conservation Element. (Cc~= B 2.2) (LU A 3.3) (C) Barrier island: The development of vacant and under developed land on the barrier island shall occur in a manner which does not change the character, increase the intensi~ of use, or demand upon existing infrastructure; nor reduce hurricane evacuation Ome beyond its present level in the Coastal Planning Area pursuant to Objective D-2 and Policies contained under Objective C-3 of the Coastal Management Element. (D) Flood Prone Areas: Ce~i~cation that any development proposed on land which is located in a ~oodplain has proper provisions for mitigation of flood damage potential. ~ x--/ .................................... · ...... ~ ........ r ..................... ([~) Historic Distric~ and Sites: That the proposed development is consistent with the purpose and provisions of the Historic Prese~ation Overlay District pursant to LDR {Section 4.5.1~. (~) Impact on Adjacent Communities: The staff repod prepared for any development ~ application or development activities proposed in the plan and Exhibit "A" to Ordinance No. 13-99 Page 5 of 6 provided to the Local Planning Agency shall contai'n an assessment, if applicable, of how the ~ proposed activity may affect the existing plans of any adjacent un!ts ef local government. (!GC A ! Exhibit "A" to Ordinance No. 13-99 Page 6 of 6 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM #/0~ REGULAR MEETING OF MARCH 16, 1999 ORDINANCE NO. 13-99 (AMENDING LDR CHAPTER THREE, "PERFORMANCE STANDARDS") DATE: MARCH 12, 1999 This is second reading and a public hearing for Ordinance No. 13-99 which amends Chapter Three, "Performance Standards" of the Land Development Regulations to conform with the objectives and policies of the Evaluation and Appraisal Report (EAR) based Comprehensive Plan. On December 9, 1997, the City Commission adopted changes to the Comprehensive Plan via Ordinance No. 32-97, which included recommendations made from the Evaluation and Appraisal Report (EAR). Each element of the Comprehensive Plan was revised to update information and the status of Objectives and Policies. In addition, each element was reformatted to improve readability and logic, and to better track the state rule requirements. Information and policy directives were added, deleted and modified as recommended in the adopted EAR. Chapter Three of the Land Development Regulations sets forth the Level of Service standards consistent with the Comprehensive Plan for determining concurrency. It also sets forth performance standards by which a development application is assessed for the purpose of determining overall consistency with the Comprehensive Plan along with good planning, engineering and design practices. This chapter became outdated when the Comprehensive Plan was amended and needs to be changed in order to be consistent with the Objectives and Policies of the EAR based Comprehensive Plan. Hence, the proposed amendments are corrective in nature. The Planning and Zoning Board considered the proposed text amendments at a public hearing on February 22, 1999, and voted 6 to 0 to recommend approval. At first reading on March 6, 1999, the Commission passed the ordinance by a vote of 4 to 0. Recommend approval of Ordinance No. 13-99 on second and final reading, based on the findings and recommendation of the Planning and Zoning Board. ref: agmemol2 ~~ ~O MEETING OF: FEBRUARY 22, 1999 AGENDA ITEM: V.D. AMENDMENT TO LAND DEVELOPMENT REGULATIONS CHAPTER THREE PREFORMANCE STANDARDS The item before the Board is that of making a recommendation to the City Commission regarding amendments to Chapter Three Performance Standards of the Land Development Regulations. At its meeting of De,tuber 9, 1997, the City Commission adopted changes to the Comprehensive Plan via Ordinance 32-97, which included recommendations made from the Evaluation and Appraisal Report (EAR). Each element of the City's Comprehensive Plan was revised to update information and the status of Objectives and Policies. In addition, each Element was reformatted to improve readability and logic, and to better track the State rule requirements. Information and policy directives were added, deleted, and modified as recommended in the adopted EAR. Chapter Three of the Land Development Regulations sets forth the Level of Service Standards consistent wffh the Comprehensive Plan for determining concurrency. It also sets forth performance s;andards by which a development application shall be assessed for the purpose of determining overall consistency with the Comprehensive Plan along with good planning, engineering and design practices. This chapter became outdated when the Comprehensive Plan was amended and needs to be changed in order to be consistent with the Objectives and Policies of the EAR based Comprehensive Plan. Therefore, the proposed amendments to Chapter Three are corrective in nature. The substantive chang~ to Chapter Three are described below. Article 3.2 Level of Service Standards: was eliminated in its entirety as the same findings are required u,qcler Section 3.1.1 (B) Concurrency relating to water, sewer, parks and recreation, solid waste, drainage and streets and traffic level of service. Section 3.3.2 Standards for Rezoning: was amended to eliminate Standard B which dealt with an affordabl-~ housing policy which no longer exists in the Comprehensive Plan. Two new standards were added, Policy A-2.4 (3) of the Future Land Use Element which does not allow rezoning to AC (Automotive Commercial) for automobile dealerships west of 1-95; and Policy C-3.1 of the Coastal Management Element which requires new development in the coastal planning area to be developed under zoning which is identical or similar to the zoning of adjacent properties. Section 3.3.3 Standards for Site Plan and/or Plat Actions: was amended to add 3 new standards: Policy A-12.3 of the Housing Element which deals with the effect that the proposal will have on the stability of nearby neighborhoods; Policy A-3.1 of the Open Space and Recreation Element which requires all new housing developments to provide tot lots and recreational areas for a range of ages from toddlers to teens; and Policy A-5.2 of the Transportation Element which does not allow new developments to exacerbate a high accident area unless remedial actions are taken. Section 3.3.4 Standards for Specific Areas or Purposes: was amended to combine Standard C and E as both standards deal with properties located on the Barrier Island. Standard H Schools was eliminated, as it can not be implemented through a land development action. By motion, recommend that the City Commission approve the attached changes to Chapter Three of the Land Development Regulations. Attachment: * Amendment Boca Raton News, Friday, March 5, 1999 7C 8t C#y H~, 1(]0 N.W. ~,j Adfl~,Oek : of 8,'00 Lin. AGE~ ~R ~E, A THRU: DIANE DOMINGUEZ. PLANNING AND G FROM: PLANNER SUBJECT: MEETING OF MARCH 2, 1999 AMENDMENT TO LAND DEVELOPMENT REGULATIONS CHAPTER THREE PREFORMANCE STANDARDS At its meeting of December 9, 1997, the City Commission adopted changes to the Comprehensive Plan via Ordinance 32-97, which included recommendations made from the Evaluation and Appraisal Report (EAR). Each element of the City's Comprehensive Plan was revised to update information and the status of Objectives and Policies. In addition, each Element was reformatted to improve readability and logic, and to better track the State rule requirements. Information and policy directives were added, deleted, and modified as recommended in the adopted EAR. Chapter Three of the Land Development Regulations sets forth the Level of Service Standards consistent with the Comprehensive Plan for determining concurrency. It also sets forth performance standards by which a development application shall be assessed for the purpose of determining overall consistency with the Comprehensive Plan along with good planning, engineering and design practices. This chapter became outdated when the Comprehensive Plan was amended and needs to be changed in order to be consistent with the Objectives and Policies of the EAR based Comprehensive Plan. Therefore, the proposed amendments to Chapter Three are corrective in nature. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of February 22, 1999, the Planning and Zoning Board held a public hearing on the amendment to Chapter Three. After reviewing the staff report and discussing the amendment, the Board voted 6-0 (Eliopoulos absent) to recommend approval of the proposed amendment to Chapter Three Performance Standards of the Land Development Regulations. By motion, approve on first reading text amendments to Chapter Three Performance Standards of the Land Development Regulations, setting a public hearing date of March 16, 1999. Attachment: P&Z Staff Report and Documentation of February 22, 1999 .£-