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Ord 17-99 ORDINANCE NO. 17-99 AN ORDINANCE OF THE CITY COMMISSION OF THE C1TY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGUI~TIONS OF THE CITY OF DF]RAY BEACH BY AMENDING SECTION 4.3.4 "BASE DISTRICT DEVELOPMENT STANDARDS", SUBSECTION (H)(6), "SPECIAL SETBACKS", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT~, SUBSECTION (F), ~DEVELOPMENT STANDARDS~, AND SUBSECTION (H), "SPECIAL REGULATIONS", SECTION 4.4.10, "ALrFOMOTIVE COMMERCIAL (AC) DISTRICT', SUBSECTION (F), "DEVELOPMENT STANDARDS", AND SECTION 4.3.4 (K), "DEVELOPMENT STANDARDS MATRIX", ALL TO AMEND BUTt.DING AND LANDSCAPE SETBACK REQUIRF_MFaNTS ALONG THE FEDERAL HIGHWAY CORRIDOR WITHIN THE C1TY OF DELRAY BEACH; 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 May 17, 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, THF_REFORE, BE IT ORDAINED BY THE CiTY COMMISSION OF THE C1TY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Section 4.3.4, "Base District Development Standards", Section 4.4.9, ~General Commercial (GC) District", and Section 4.4.10, "Automotive Commercial (AC) District" 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 pan 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 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed.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 passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 15day of June , ~stRea~L.§ Ju~e l~ i999 Second ~ea~L~§ Ju~e 15 ~ 1999 Section 4.3.4 Base District Development Standards: (H) Setbacks: (6) Special Setbacks: Three types of special setbacks are established in order to provide for preservation of area for expansion of roadways and/or streetscape beautification. These are: special building setbacks, special landscape setbacks, and a combination thereof. (b) Special Landscape Setbacks: Within the following special landscape setbacks, no structures shall be altered, erected, or reconstructed; nor shall any paving be allowed except for driveways and sidewalks which lead to structures on, or provide access to, the Site and then only when generally perpendicular to the frontage. However, waivers may be granted to these restrictions at the time of site plan review in order to accommodate landscape features, decorative walls, meandering sidewalks, and other decorative pedestrian ways. (1) Along Federal Highway (U.S. Highway 1), including the one-way pairs (5th and 6th Avenues), extending from the south City limits to S.E. 10~h Street, special landscape areas shall be provided as shown below on both sides of the ultimate right-of-way: :LOT , SINGLE ;;:. '.DOUBLE ;;: ;DEPTH ; FRONTAGE~ Up to 200' 10' 10' 201 to 250' 15' 10' 251 to 300' 20' 15' Over 300' 25' 20' * Includes frontage on both Federal Highway and Dixie Highway (2) 'Along Federal Highway (U.S. Highway 1), including the one-way pairs (5th and 6th Avenues), extending from S.E. 10'~ Street to the north City limits, but excluding the blocks between S.E. 1TMStreet and N.E. 1s' Street, a 10 foot (10') special landscape area shall be provided on both sides of the ultimate right-of-way. The special landscape area shall not be required between the front building edge and the ultimate right-of-way where storefronts face the roadway and no parking or vehicular circulation areas are provided between the building and the right-of-way. However, the body acting upon the development application may require that foundation plantings, street trees or other landscape features be installed in front of the building to add interest and provide relief from the building mass. Exhibit 'A" to Ord. No. 17-99 Page 1 of 3 *(3) Along West Atlantic Avenue, From 1-95 to the Western City Limits, a special landscape area shall be provided on both sides of the ultimate right-of-way. This landscape area shall be the smaller distance of either thirty feet (30') or 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet (10'). *(4) Along Linton Boulevard, from A-1-A to the western City limits, a special landscape area shall be provided. This landscape area shall be the smaller distance of either 30' or 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet *(5) Along Congress Avenue, from the L-38 Canal northward to the L-30 Canal, a special landscape area shall be provided. This landscape area shall be the smaller distance of either 30' or 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet (10'). *(6) Along Military Trail, from the L-38 Canal northward to the L-30 Canal, a special landscape area shall be provided. This landscape area shall be the smaller distance of either 30' or 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet* (10'). Section 4.4.9 General Commercial (GC) District: (F) Development Standards: In addition to the development standards set forth in Section 4.3.4, the following development standards shall apply in the GC District: ' (3) North Federal Highway Area: The following development standard shall apply to parcels which have frontage on North Federal Highway or the North Federal Highway one-way pairs (NE 5 TM Avenue and NE 6TM Avenue) between N.E. 4'h Street and the north City Limits. (a) Parcels shall have a minimum front building setback of five feet (5') measured from the ultimate right-of-way line. The maximum setback shall be fifteen feet (15'), unless it can be demonstrated to the Site Plan Review and Appearance Board that it is not feasible to comply with this · standard. (H) Special Regulations: (1) The first ten feet of the front yard setback which is adjacent to a right-of-way shall be a landscaped area, except within the West Atlantic Avenue Overlay District as defined in Section 4.5.6(B) and within the North Federal Highway Area as defined in 4.4.9(F)(3), which is subject to the special landscape setbacks of Section 4.3.4(H)(b). Within the required front landscape area, no paving shall be allowed except for driveways and Exhibit "A" to Ord. No. 17-99 Pgge 2 of 3 walkways which shall be generally perpendicular to the property line. [173.474(E)] [Amd. Ord. 72-95 1215195] Section 4.4.10 Automotive Commercial (AC) District: (F) Development Standards: (3) North Federal Highway Area: The following development standard shall apply to parcels which have frontage on North Federal Highway or the North Federal Highway one-way pairs (NE 5TM Avenue and NE 6'" Avenue) between N.E. 4'" Street and the north City Limits. (a) Parcels shall have a minimum front building setback of five feet (5') measured from the ultimate right-of-way line. The maximum setback shall be fifteen feet (15'), unless it can be demonstrated to the Site Plan Review and Appearance Board that it is not feasible to comply with this standard. Section 4.3.4(K) Development Standards Matrix The Development Standards matrix is amended to add the following note to the front setback in the GC and AC zoning district: (5) = Refer to individual district regulations "Development Standards" section for special setbacks in the North Federal and/or West Atlantic Avenue Corridors. Exhibit "A" to Ord. No. 17-99 Page 3 of 3 ORDINANCE NO. 17-99 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 SECTION 4.3.4 "BASE DISTRICT DEVELOPMENT STANDARDS", SUBSECTION (H) (6), "SPECIAL SETBACKS", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (F), "DEVELOPMENT STANDARDS", AND SUBSECTION (H), "SPECIAL REGULATIONS", SECTION 4.4.10, "AUTOMOTIVE COMMERCIAL (AC) DISTRICT", SUBSECTION (F), "DEVELOPMENT STANDARDS", AND SECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX", ALL TO AMEND BUILDING AND LANDSCAPE SETBACK REQUIREMENTS ALONG THE FEDERAL HIGHWAY CORRIDOR WITHIN THE CITY OF DELRAY BEACH; 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 May 17, 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 FOLLQ~!S: ~/t~(~l Thru ha ter Fora "Zonm " " ~~e~ion = , C p ,, , ' g Regulmions , Section 4.3.4, Base Dis~c-~t 01}l)l,W~evelopment--~gds', Section 4.4.9, General Commerci~ (GC) District", and Section 4.4.10, --' "f "Automotive Commerci~ (AC) District" of ~e Land Developmem Regulmions of ~e City of Delray Beach, Flofid~ be, and ~e same ge hereby amended ~ set ~rth in Exhibit "A" attached hereto and ~..~made a part hereof. Sec .... ~t ail ~rdinances or parts of o~ n~ces 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 passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1999. MAYOR ATTEST: City Clerk First Reading Second Reading -2- /7- . Ord. No. 1S MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM #/6~ - REGULAR MEETING OF JUNE 15, 1999 ORDINANCE NO. 17-99 (LDR AMENDMENTS DEALING WITH SPECIAL LANDSCAPE SETBACKS AND BUILDING SETBACKS IN THE FEDERAL HIGHWAY CORRIDOR) DATE: JUNE 11, 1999 This is second reading and a public hearing for Ordinance No. 17- 99 which amends various sections of the Land Development Regulations dealing with special landscape setbacks and building setbacks in the Federal Highway corridor. The City's Comprehensive Plan and the CRA's Community Redevelopment Plan both identify the North Federal Highway corridor as blighted and call for the preparation of a program to hasten the revitalization of the area. The "North Federal Highway Redevelopment Plan" which was adopted by the City Commission on March 16, 1999, called for the placement of buildings closer to the street. The amendments proposed in Ordinance No. 17-99 are required to make this possible. The Planning and Zoning Board considered the text amendments at a public hearing on May 17, 1999, and voted unanimously to recommend approval with one recommended change that has been incorporated into the ordinance (i.e. that the provisions for elimination of the special landscape setback between the front building edge and the right-of-way be extended to include the area between S.E. l0th Street and S.E. 3rd Street). The Community Redevelopment Agency also recommended approval of the amendments. They felt that there should be provisions to ensure that landscaping be installed in front of buildings, and to allow buildings to be set back further than the proposed 15 foot maximum where appropriate. Provisions to this effect are included in the ordinance. At first reading on June 1, 1999, the City Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 17-99 on second and final reading, based upon the findings and recommendations of the Planning and Zoning Board. ORDINANCE NO. 17-99 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 SECTION 4.3.4 "BASE DISTRICT DEVELOPMENT STANDARDS", SUBSECTION (H) (6), "SPECIAL SETBACKS", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (F), ~DEVELOPMENT STANDARDS", AND SUBSECTION (H), "SPECIAL REGULATIONS", SECTION 4.4.10, "AUTOMOTIVE COMMERCIAL (AC) DISTRICT", SUBSECTION (F), "DEVELOPMENT STANDARDS", AND SECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX", ALL TO AMEND BUILDING AND LANDSCAPE SETBACK REQUIREMENTS ALONG THE FEDERAL HIGHWAY CORRIDOR WITHIN THE CITY OF DELRAY BEACH; 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 May 17, 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. Thru Chapter Four, "Zo~ng Regulmions", Section 4.3.4, "Base District Developmem Stand,ds", Section 4.4.9, "Gener~ Commercial (GC) Dis~ct", and Se~ion 4.4.10, "Amomotive Commercial (AC) Dis~ict" of be Land Developme~ Regul~ions of be City of Delray Beach, Florida, be, and be same ~e hereby amended as set ~h in Exhibit "A" a~ached hereto and made a pan hereo£ 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 passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1999. MAYOR ATTEST: City Clerk First Reading Second Reading -2- / '? _ Ord. No. 1.$-99 TO: D/a~,VID T. H/),RDEN,, CITY MANAGER FROM: ~.'~-"O'~D, J~ ,P~SENIOR PLANNER SUBJECT: CITY COMMISSION MEETING OF JUNE 1, 1999 AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRs) DEALING WITH SPECIAL LANDSCAPE SETBACKS AND BUILDING SETBACKS IN THE FEDERAL HIGHWAY CORRIDOR. The City's Comprehensive Plan and the CRA's Community Redevelopment Plan both identify the North Federal Highway Corridor as blighted and call for the preparation of a program to hasten the revitalization of the area. The "North Federal Highway Redevelopment Plan" which was adopted by the City Commission on March 16, 1999 called for the placement of buildings closer to the street. The LDR Amendments are required to make this possible. AMENDMENT 1: Section 4.3.4 Base District Development Standards: (H) Setbacks: (6) Special Setbacks: Three types of special setbacks are established in order to provide for preservation of area for expansion of roadways and/or streetscape beautification. These are: special building setbacks, special landscape setbacks, and a combination thereof. (b) Special Landscape Setbacks: Within the following special landscape setbacks, no structures shall be altered, erected, or reconstructed; nor shall any paving be allowed except for driveways and sidewalks which lead to structures on, or provide access to, the site and then only when generally perpendicular to the frontage. However, waivers may be granted to these restrictions at the time of site plan review in order to accommodate landscape features, decorative walls, meandering sidewalks, and other decorative pedestrian ways. ............... ~ ....... ~:~ ..... j · /! wI- ............. i~ ...... Io.C.. City Commission Documentation Meeting of June 1, 1999 - Federal Highway Setbacks Page 2 (1) Along Federal Highway (U.S. Highway 1), including the one-way pairs (5th and 6th Avenues), extending from the south City limits to S.E. 10'h Street, special landscape areas shall be provided as shown below on both sides of the ultimate right-of-way: Up to 200' 10' 10' 201 to 250' 15' 10' 251 to 300' 20' 15' Over 300' 25' 20' * Includes frontage on both Federal Highway and Dixie Highway (2) Along Federal Highway (U.S. Highway 1), including the one-way pairs (5th and 6th Avenues), extending from S.E. 10'" Street to the north City limits, but excluding the blocks between S.E. 1" Street and N.E. 1" Street, a 10 foot (10') special landscape area shall be provided on both sides of the ultimate right-of-way. The special landscape area shall not be required between the front building edge and the ultimate right-of-way where storefronts face the roadway and no parking or vehicular circulation areas are provided between the building and the right-of-way. However, the body acting upon the development application may require that foundation plantings, street trees or other landscape features be installed in front of the building to add interest and provide relief from the building mass. *(3) Along West Atlantic Avenue, From 1-95 to the Western City Limits, a special landscape area shall be provided on both sides of the ultimate right-of-way. This landscape area shall be the smaller distance of either thirty feet (30') or 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet (10'). *(4) Along Linton Boulevard, from A-1-A to the western City limits, a special landscape area shall be provided. This landscape area shall be the smaller distance of either 30' or 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet *(5) Along Congress Avenue, from the L-38 Canal northward to the L-30 Canal, a special landscape area shall be provided. This landscape area shall be the smaller distance of either 30' or 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet (10'). *(6) Along Military Trail, from the L-38 Canal northward to the L-30 Canal, a special landscape area shall be provided. This landscape area shall City Commission Documentation Meeting of June 1, 1999 - Federal Highway Setbacks Page 3 be the smaller distance of either 30' or 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet (10'). Anal)sis: The typical strip center development scenario with parking up front and buildings set toward the back of the lot is designed for the automobile. This arrangement is destination-oriented and does not promote pedestrian movement between businesses along the corridor. Future development of this type is discouraged in the North Federal Highway area. Instead a neo-traditional approach consisting of buildings located closer to the roadway's edge with wide, shade-covered sidewalks, and pedestrian scaled lighting and other street furniture is recommended. Although on-street parking will be located in the front of businesses for convenience, the bulk of the required parking will be located in the rear. This arrangement will promote rather than inhibit pedestrian flow between adjacent businesses. The current regulations require that a special landscape setback be provided along the entire Federal Highway frontage. This requirement makes it impossible to move storefronts closer to the roadway's edge. In order to implement the Redevelopment Plan, this setback must be eliminated except where off-street parking directly abuts the roadway. In preparing this amendment, the special landscape setback provisions for Federal Highway outside the North Federal Highway Area were also reviewed for appropriateness. It was determined that the requirements were excessive in the area between S.E. 10~h Street and N.E. 4th Street where the corridor is more urbanized and the development pattern becomes more intensive. The proposed amendment sets the special setback at 10' regardless of depth. Because property depths are generally less that 200' in this area, this change will not affect the setback for existing propertiesmit will remain 10'. However, under the existing code, redevelopment projects located between the one-way pairs would have to provide 15' landscape setbacks on both 5th and ~h Avenues if they vacated the alleyway and combined properties. Under the proposed amendment, the landscape setback will remain 10'. This is more appropriate in the area. It is also more appropriate to allow building storefronts to be placed up to the right-of-way with no special landscape setbacks. As on North Federal Highway, the proposed amendment eliminates the special landscape setback between the building storefront and the right-of-way in this area as well. The approving body retains the ability to require trees and landscaping in front of the buildings as it deems appropriate. AMENDMENT 2: Section 4.4.9 General Commercial (GC) District: (F) Development Standards: In addition to the development standards set forth in Section 4.3.4, the following development standards shall apply in the GC District: (3) North Federal Highway Area: The following development standard shall apply to parcels which have frontage on North Federal Highway or the North Federal Highway one-way pairs (NE 5TM Avenue and NE 6'h Avenue) between N.E. 4TMStreet and the north City Limits. (a) Parcels shall have a minimum front building setback of five feet (5') measured from the ultimate right-of-way line. The maximum setback shall be fifteen feet (15'), unless it can be demonstrated to the Site Plan City Commission Documentation Meeting of June 1, 1999 - Federal Highway Setbacks Page 4 Review and Appearance Board that it is not feasible to comply with this standard. (H) Special Regulations: (1) The first ten feet of the front yard setback which is adjacent to a right-of-way shall be a landscaped area, except within the West Atlantic Avenue Overlay District as defined in Section 4.5.6(B) and within the North Federal Highway Area as defined in 4.4.9(F)(3), which is subject to the special landscape setbacks of Section 4.3.4(H)(b). Within the required front landscape area, no paving shall be allowed except for driveways and walkways which shall be generally perpendicular to the property line. [173.474(E)] [Amd. Ord. 72-95 1215195] Analysis: As with the elimination of the required special landscape setback in front of storefronts, these changes deal with the issue of locating buildings closer to the roadway. The amendment reduces the front building setback from 10' to 5'. Although the consultant recommended a O' front setback, staff recommends a 5' setback be maintained. This will provide a minimum 10' sidewalk with the existing roadway section and a 17' sidewalk if N. Federal Highway is reconstructed in the future pursuant to the proposed roadway section. It is also recommended that a maximum setback of 15' be adopted so that new projects are required to conform to the recommended development pattern. Without this provision, it is likely that new development would continue to follow the existing development pattern within the corridor. Waiver provisions are included to allow SPRAB some flexibility based on project design. AMENDMENT 3: Section 4.4.10 Automotive Commercial (AC) District: (F) Development Standards: (3) North Federal Hi~lhway Area: The following development standard shall apply to parcels which have frontage on North Federal Highway or the North Federal Highway one-way pairs (NE 5'n Avenue and NE 6'n Avenue) between N.E. 4'h Street and the north City Limits. (a) Parcels shall have a minimum front building setback of five feet (5') measured from the ultimate right-of-way line. The maximum setback shall be fifteen feet (15'), unless it can be demonstrated to the Site Plan Review and Appearance Board that it is not feasible to comply with this standard. Analysis: The analysis for this amendment is the same as for the General Commercial District above, except the front setback has been reduced from 15' to 5'. AMENDMENT 4: Section 4.3.4(K) Development Standards Matrix The Development Standards matrix is amended to add the following note to the front setback in the GC and AC zoning district: City Commission Documentation Meeting of June 1, 1999 - Federal Highway Setbacks Page 5 (5) = Refer to individual district regulations "Development Standards" section for special setbacks in the North Federal and/or West Atlantic Avenue Corridors. Anal~,sis: This amendment is necessary to call attention to the fact that the front setback within the GC and AC zoning district has been reduced to 5' in these two areas. Planning & Zoning Board The Planning and Zoning Board held a public hearing on the proposed amendments at its meeting of May 17, 1999. There were no public comments on the proposal. The Board discussed a request by the City Horticulturist that language be added to the ordinance to increase the special landscape setback to 15' when there are conflicts with overhead utility lines. The Board did not feel that the change was necessary since the additional 5' would not have any impact on the type of trees that could be placed next to the utility lines. The Board recommended that the special landscape setback in front of storefronts in the area between SE 10th Street and SE 3rd Street be eliminated as proposed for the area north of SE 3rd Street. The Board recommended adoption of the proposed amendments by a vote of 7 to 0 with the following change: That the provisions for elimination of the special landscape setback between the front building edge and the right-of-way be extended to include the area between SE 10~h Street and SE 3~d Street. The recommended change has been incorporated into the proposed ordinance. Community Redevelopment Agency The Board recommended approval of the amendment. They felt that there should be provisions to ensure that landscaping be installed in front of buildings, and to allow buildings to be set back further than the proposed 15' maximum where appropriate. Provisions to this affect are included in the ordinance. Adopt the amendments to Section 4.3.4(H)(6)(b) Special Landscape Setbacks, Section 4.3.4(K) Development Standards Matrix, Section 4.4.9 General Commercial (GC) District and Section 4.4.10 Automotive Commercial (AC) District as attached, based on findings and conditions as recommended by the Planning and Zoning Board. Attachment: · Proposed Ordinance CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENTS ~ TO THE LAND DEVELOPMENT !! REGULATIONS REGARDING BUILDING AND LANDSCAPE SETBACK REQUIREMENTS ALONG THE FEDERAL HIGHWAY CORRIDOR The city Commission of the City of Delray Beach, Florida, proposes to adopt the following ordinance: BEACH.Iq. DPJDA AMENDING THE LAND DEVELOPMENT REGULATIONS 0F THE CITY OF DELRAY BEACH BY AMENDING SECTION 4.3.4, 'BASE DISTRICT DEVELOPMENT STANDARDS", SUBSECTION (H) (6), 'SPECIAL ~ETBACKS', SECTION 4.4.9, 'GENERAL COMIvlF~C~ (C-C) DISTRICT,{ 'SUBSECTION (F), 'DEVELOPMENT STANDAiU)S', AND SUBSECTION (H), ! 'SPECIAL REGUlaTIONS', SECTION 4.4.10, 'AUTOMOTIVE COMMERCIAL ~AC) DISTR~CP, SUBSECTION (F) 'DEVELOPMENT STANDARDS', AND ~ECTION 4.3.4 (K), 'DEVELOPMENT STANDAI~D$ MATRIX', ALL TO MEND BUILDINO AND LANDSCAPE SETBACX REQ~ ALONO !THE t~,DERAL HIOHWAY CORRIIX)R WITHIN THE CITY OF DELRAY iBEACH; PROVIDINO A GENERAL REPEAI~R CLAUSE, A SAVING CLAUSE. Fl~ City Commi~si~ will conduct two (2) Public H~gs for the purpose ot ~:epting public testimony regazding the proposed ordlnsnce. ~ first Public Hearing ~ch m~ing which i~ ~ by the Commission), in fl~ Co-minion Chaml~ ~t City Frail, 100 N.W. 1st Avenue, Delray Beach, Florida. If the oixlimmce is passed on fi~t ~,~aing; a second Public Heating will be held on ~Y~ ~v'NE 1.q~ 1999 AT[ 7:00 P.M. (or *t *ny col~inuation of such meeting which is set by the Commission). ~ ~11 interested citizens ~ invited to attend the public hearings ~nd comment upon the ~ c~y of the proposed ordinance, please contact the ?lsnning and Zoning Department, City Hall, 100 'N.W. 1st Avenue, Delray Beach, Florida 3~.~.~. (Fnone ~1/243-?040), between the hours of 8:00 am. and S:00 p.m., Monday through Friday, excluding hotidays. DECISION h~DE BY THE CITY COMNffSSION W1TH RESPF.~'T TO ANY fftATTER CON$1DERED AT ~ HEARINGS, SUCH I~,RSON MAY NEll) DOF_~*NOT PROVE)E NOR PREPARE SUCH RECO~. PURSUANT TO F.$. I~FBLISH: The Boca Raton News CITY OF DELRAY BEACH MAY 24, 1~)~ Alison MacC~gor Harry FtJNE D, ~ City C~er~ CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS REGARDING -BUILDING AND LANDSCAPE SETBACK REQUIREMENTS ALONG THE FEDEIL L HIGHWAY CORRIDOR The City Commission of the City of Delray Beach, Florida, proposes to adopt the following ordinance: OIH)INANCE NO. 17.99 AN ORDINANCE OF THE CITY COMMISSION OF THE C1TY OF DELRA~/ BEACH FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4.3.4, 'BASE DISTRICT DEVELOP~ STANDARDS", SUBSECTION (H) (6), "SPECIAL SETBACKS', SECTION 4.4.9, 'GENERAL COMMERCIAL (GC) DISTRICT, "SUBSECI'ION (F), "DEVELOPMENT STANDARDS", AND SUBSECTION ~), "SPECIAL RF.,GULATIONS", SECI'ION 4.4.1'0, "AUTOMO'IIVE COMMER(~, (AC) DISTRICI", SOBSECI~ION (F) 'DEVELOPMENT S~I'ANDARD~ AND S~CT~ON 4.3.-5 (g)~ ~DEVELOPMEN~' STANDARDS AMEND BUIL~)ING A~N~.) LANDSCAPE SE'IBACK RF, QUIRF~VIFzN'~'S ALONG THE FED~aL F~GHWAY CORRIDOR WITHIN ~ BEACH; PRO¥-~)ING ^ G ~F_3IE?~AL REPI~LER CLa, USi~ AND AN EFFF~ ~'T~E DATE. The City Coau~ssion will conduc~ two (2) Public H~ings far ~e propose of accepting public testimony ~egardiag the pro~sed ordinance. The first Public Hearing wi~ be held on .TUESDAY~ ~ 1~ 1999~ AT 7:00 P,M. (or at any continuation of such meeting which is set by the Commission), in the Commission Chambers at City Hall, 100 N.W. ls~ Avenue, Delray Beach, Florida. If the ordinance is passed on first rezdiog~ a second Public Itearing will be held on TUESDAY~ JUNE 7:00 P.M. (or at any continuation of such meeting which is set by the Commission). All interested citizens are invited to attend the public hearings and comment upon the proposed ordinance or submit their comments in writing on or before the date of these hearings to ~he Planning and Zoning Department. For further information or to obtain a copy of ~the proposed ordinance, please contact the Planaing and Zoning DepatUueat, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone 561/243-7040), between the hoars of 8:00 a.m. and 5:00 p.m., Monday through Friday, exclUding holidays. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATIER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NI~F~D TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL 1S TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105. PUBLISH: The Boca Raton News CITY OF DELRAY BEACH MAY 24, 1999 Alison MacGregor Harry JUNE 9, 1999 City Clerk AD #782818 MEETING OF: MAY 17, 1999 AGENDA ITEM: VI.C. AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRs) DEALING WITH SPECIAL LANDSCAPE SETBACKS AND BUILDING SETBACKS IN THE FEDERAL HIGHWAY CORRIDOR. The item before the Board is that of making a recommendation to the City Commission on amendment of Section 4.3.4(H)(6)(b) Special Landscape Setbacks, Section 4.3.4(K) Development Standards Matrix, Section 4.4.9 General Commercial (GC) District and Section 4.4.10 Automotive Commercial (AC) District. The affected sections pertain to special landscape setbacks and building setbacks in the Federal Highway corridor. Pursuant to LDR Section 1.1.6, amendments to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. The City's Comprehensive Plan and the CPA's Community Redevelopment Plan both identify the North Federal Highway Corridor as blighted and call for the preparation of a program to hasten the revitalization of the area. The City and CPA entered into partnership with the Treasure Coast Regional Planning Council (TCRPC) to assist in the preparation of a redevelopment plan. TCRPC in turn hired the private consulting firm of Dover, Kohl & Partners to conduct an intensive planning workshop called a "charrette", and prepare final recommendations for the redevelopment of the area. In November, 1997, a group of residents and property owners gathered together with public officials, City staff, CPA staff, and professional planners from Dover, Kohl and Partners and the Treasure Coast Planning Council to voice their opinions and propose specific courses of action for the area's future growth and development. Immediately following the charrette, the joint team of planners from the Treasure Coast Regional Planning Council and the private consulting firm of Dover, Kohl & Partners began to develop their professional interpretation of the plan based on the extensive public input. The charrette participants gathered again in February, 1998 for a formal presentation of an overall illustrative plan and redevelopment concepts by the consultants. A final report including all the consultant's recommendations was presented to the City in August, 1998. Many of the elements included in the report were incorporated into the "North Federal Highway Redevelopment Plan", which was adopted by the City Commission on March 16, 1999. The LDR Amendments are required to implement the Redevelopment Plan. Planning & Zoning Memorandum Staff Report Federal Highway Setbacks Page 2 AMENDMENT 1: Section 4.3.4 Base District Development Standards: (H) Setbacks: (6) Special Setbacks: Three types of special setbacks are established in order to provide for preservation of area for expansion of roadways and/or streetscape beautification. These are: special building setbacks, special landscape setbacks, and a combination thereof. (b) Special Landscape Setbacks: Within the following special landscape setbacks, no structures shall be altered, erected, or reconstructed; nor shall any paving be allowed except for driveways and sidewalks which lead to structures on, or provide access to, the site and then only when generally perpendicular to the frontage. However, waivers may be granted to these restrictions at the time of site plan review in order to accommodate landscape features, decorative walls, meandering sidewalks, and other decorative pedestrian ways. * AIc~; F_~__-'."~_! H!~;;'=;,' tf~ ~,~, ...... ~ .... ~f ~""'~'""~' ~h_~!! k ...... ~.~..,~ ..o ~k~ .... k~ ...... k~+k ~ ~ +k~ ,,~+~+~ .~kt be~::~=~ South ! =t Str=~t =nd Hc~h ~ =t Str=~t: (1) Along Federal Highway (U.S. Highway 1), including the one-way pairs (5th and Gth Avenues), extendin~ from the south City limits to S.E. 10tm Street, special landscape areas shall be provided as shown below on both sides of the ultimate right-of-way: Up to 200' 10' 10' 201 to 250' 15' 10' 251 to 300' 20' 15' Over 300' 25' 20' (2) Along Federal Highway (U.S. Highway 1) one-way pairs (5th and 6th Avenues), extending from S.E. 10th Street to S.E. 3rd Street, a 10 foot (10') special landscape area shall be provided on both sides of the ultimate right-of-way. (3) Along Federal Highway (U.S. Highway 1), including the one-way pairs (5th and 6th Avenues), extending from S.E. 3rd Street to the north City Planning & Zoning Memorandum Staff Report Federal Highway Setbacks Page 3 limits, but excluding the blocks between S.E. 1st Street and N.E. 1st .. Street, a 10 foot (10') special landscape area shall be provided on both sides of the ultimate right-of-way. The special landscape area shall not be required between the front building edge and the ultimate right-of-way where storefronts face the roadway and no parking or vehicular circulation areas are provided between the building and the right-of-way. However, the body acting upon the development application may require that foundation plantings, street trees or other landscape features be installed in front of the building to add interest and provide relief from the building mass. *(4) Along West Atlantic Avenue, From 1-95 to the Western City Limits, a special landscape area shall be provided on both sides of the ultimate right-of-way. This landscape area shall be the smaller distance of either thirty feet (30') or 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet (10'). *(5)Along Linton Boulevard, from A-1-A to the western City limits, a special landscape area shall be provided. This landscape area shall be the smaller distance of either 30' or 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet *(6). Along Congress Avenue, from the L-38 Canal northward to the L-30 Canal, a special landscape area shall be provided. This landscape area shall be the smaller distance of either 30' or 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet (10'). *(7) Along Military Trail, from the L-38 Canal northward to the L-30 Canal, a special landscape area shall be provided. This landscape area shall be the smaller distance of either 30' or 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet (10'). Analysis: The typical strip center development scenario with parking up front and buildings set toward the back of the lot is designed for the automobile. This arrangement is destination-oriented and does not promote pedestrian movement between businesses along the corridor. Future development of this type is discouraged in the North Federal Highway area. Instead a neo-traditional approach consisting of buildings located closer to the roadway's edge with wide, shade-covered sidewalks, and pedestrian scaled lighting and other street furniture is recommended. Although on-street parking will be located in the front of businesses for convenience, the bulk of the required parking will be located in the rear. This arrangement will promote rather than inhibit pedestrian flow between adjacent businesses. Planning & Zoning Memorandum Staff Report Federal Highway Setbacks Page 4 The current regulations require that a SPecial landscape setback be provided along the entire Federal Highway frontage. This requirement makes it impossible to move storefronts closer to the roadway's edge. In order to implement the Redevelopment Plan, this setback must be eliminated except where off-street parking directly abuts the roadway. In preparing this amendment, the special landscape setback provisions for Federal Highway outside the North Federal Highway Area were also reviewed for appropriateness. It was determined that the requirements were excessive in the area between S.E. loth Street and N.E. 4th Street where the corridor is more urbanized and the development pattern becomes more intensive. The proposed amendment sets the special setback at 10' regardless of depth. Because property depths are generally less that 200' in this area, this change will not affect the setback for existing properties--it will remain 10'. However, under the existing code, redevelopment projects located between the one-way pairs would have to provide 15' landscape setbacks on both 5th and 6th Avenues if they vacated the alleyway and combined properties. Under the proposed amendment, the landscape setback wi//remain 10'. This is more appropriate in the area. The portion of this area between S.E. 3rd Street and N.E. 4th Street is located within the Central Business District (CBD). Within this area, it is appropriate to allow building storefronts to be p/aced up to the right-of-way with no special landscape setbacks. As on North Federal Highway, the proposed amendment eliminates the special landscape setback between the building storefront and the right-of-way in this area as we//. The approving body retains the ability to require trees and landscaping in front of the buildings as it deems appropriate. AMENDMENT 2: Section 4.4.9 General Commercial (GC) District: (F) Development Standards: In addition to the development standards set forth in Section 4.3.41 the following development standards shall apply in the GC District: (3) North Federal Highway Area: The following development standard shall apply to parcels which have frontage on North Federal Highway or the North Federal Highway one-way pairs (NE 5th Avenue and NE 6tl~ Avenue) between N.E. 4th Street and the north City Limits. (a) Parcels shall have a front building setback of five feet (5') measured from the ultimate right-of-way line. The maximum setback shall be fifteen feet (15'), unless it can be demonstrated to the Site Plan Review and Appearance Board that it is not feasible to comply with this standard. (H) Special Regulations: (1) The first ten feet of the front yard setback which is adjacent to a right-of-way shall be a landscaped area, except within the West Atlantic Avenue Overlay District as defined in Section 4.5.6(B) and within the North Federal Highway Area as defined in Planning & Zoning Memorandum Staff Re~ort Federal Highway Setbacks Page 5 4.4.9(F)(3), which is subiect to the special landscape setbacks of Section 4.3.4(H)(b). Within the required front landscape area, no paving shall be allowed except for driveways and walkways which shall be generally perpendicular to the property line. [173.474(E)] [Amd. Ord. 72-95 12/5/95] Analysis: As with the elimination of the required special landscape setback in front of storefronts, these changes deal with the issue of locating buildings closer to the roadway. The amendment reduces the front building setback from 10' to 5'. Although the consultant recommended a O' front setback, staff recommends a 5' setback be maintained. This will provide a minimum 10' sidewalk with the existing roadway section and a 17' sidewalk if N. Federal Highway is reconstructed in the future pursuant to the proposed roadway section. It is also recommended that a maximum setback of 15' be adopted so that new projects are required to conform to the recommended development pattem. Without this provision, it is likely that new development would continue to follow the existing development pattern within the corridor. Waiver provisions are included to allow SPRAB some flexibility based on project design. AMENDMENT 3: Section 4.4.10 Automotive Commercial (AC) District: (F) Development Standards: (3) North Federal Highway Area: The following development standard shall apply to parcels which have frontage on North Federal Highway or the North Federal Highway one-way pairs (NE 5th Avenue and NE 6th Avenue) between N.E. 4th Street and the north City Limits. (a) Parcels shall have a front building setback of five feet (5') measured from the ultimate right-of-way line. The maximum setback shall be fifteen feet (15'), unless it can be demonstrated to the Site Plan Review and Appearance Board that it is not feasible to comply with this standard. Analysis: The analysis for this amendment is the same as for the General Commercial District above, except the front setback has been reduced from 15' to 5'. AMENDMENT 4: Section 4.3.4(K) Development Standards Matrix The Development Standards matrix is amended to add the following note to the front setback in the GC and AC zoning district: (5) = Refer to individual district regulations "Development Standards" section for special setbacks in the North Federal and/or West Atlantic Avenue Corridors. Analysis: This amendment is necessary to call attention to the fact that the front setback within the GC and AC zoning district has been reduced to 5' in these two areas. Planning & Zoning Memorandum Staff Report .- Federal Highway Setbacks Page 6 REQUIRED FINDINGS LDR Section 2.4.5(M)(5), Amendment to the Land Development Regulations, Findings: In addition to the provisions of Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policies were noted: Future Land Use Policy Col,4 calls for the preparation of a Redevelopment Plan for the North Federal Highway Corridor. The North Federal Highway Redevelopment plan was adopted by the City Commission on March 16, 1999. The proposed amendments are required to implement recommendations contained in the plan. Future Land Use Element Policy C-4.1 The Central Business District (CBD) Zoning District regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: · deletion of inappropriate uses · incentives for locating retail on the ground floor with office and residential use on upper floors accommodating parking needs through innovative actions · incentives for dinner theaters, playhouses, and other family oriented activities · allowing and facilitating outdoor cafes · incentives for mixed use development and rehabilitation · elimination of side yard setback requirements · allow structural overhang encroachments into required yard areas The amendment of the special landscape setback between S.E. 3rd Street and N.E. 4th Street is located in the Central Business District. The amendment will eliminate a disincentive to assemble property for larger redevelopment projects between 5th and 6th Avenue. A positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan. The proposed amendments will be reviewed by the Community Redevelopment Agency on May 13, 1999. The comments and recommendations from the CRA will be included in the final report to the City Commission for action. Planning & Zoning Memorandum Staff Report Federal Highway Setbacks Page 7 1. Recommend approval based upon a finding that the proposed amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan. 2. Recommend denial, in whole or in part, in that the proposed amendments are not appropriate with reason stated. 3. Continue with direction. By motion, recommend that the City Commission adopt the amendments to Section 4.3.4(H)(6)(b) Special Landscape Setbacks, Section 4.3.4(K) Development Standards Matrix, Section 4.4.9 General Commercial (GC) District and Section 4.4.10 Automotive Commercial (AC) District as attached, based on a finding that the amendments further the goals, objectives and policies of the Comprehensive Plan which relate to North Federal Highway Redevelopment and the continued revitalization and redevelopment of the Downtown area. Report Prepared by Ron Hoggard, Senior Planner CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENTS TO THE LAA~D DEVELOPMENT REGULATIONS REGARDING BUILDING AND LANDSCAPE SETBACK REQUI~NTSALONG THE FEDERAL HIGHWAY CORRIDOR The City Commission of the City of Delray Beach, Florida, proposes to adopt the following ordinance: ORDINANCE NO. 17-99 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 SECTION 4.3.4, "BASE DISTRICT DEVELOPMENT STANDARDS", SUBSECTION {H) (6), ~SPECIAL SETBACKS", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT, ~SUBSECTION (F), "DEVELOPMENT STANDARDS", AND SUBSECTION (H), "SPECIAL REGULATIONS", SECTION 4.4.10, "AUTOMOTIVE COMMERCIAL (AC) DISTRICT", SUBSECTION (F) "DEVELOPMENT STANDARDS", AND SECTION 4.3.4 (K), "DEVELOPMENT STANDARDS MATRIX", ALL TO AMEND BUILDING AND LANDSCAPE SETBACK REQUIREMENTS ALONG THE FEDERAL HIGHWAY CORRIDOR WITHIN THE CITY OF DELRAY BEACH; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Commission will conduct two (2) Public Hearings for the purpose of accepting public testimony regarding the proposed ordinance. The first Public Hearing will be held on TUESDAY~ JUNE 1~ 1999~ AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission), in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If the ordinance is passed on first reading, a second Public Hearing will be held on TUESDAY~ JUNE 15~ 1999~ AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission). Ail interested citizens are invited to attend the public hearings and comment upon the proposed ordinance or submit their comments in writing on or before the date of these hearings to the Planning and Zoning Department. For further information or to obtain a copy of the proposed ordinance, please contact the Planning and Zoning Department, City Hall, 100 NoW. 1st Avenue, Delray Beach, Florida 33444 (Phone 561/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105. PUBLISH: The News CITY OF DELRAY BEACH MAY 24, 1999 Alison MacGregor Harry JUNE 9, 1999 City Clerk Instructions to Newspaper: This ad is not to be placed in the legal ads/classified section of the newspaper. It must be at least two standard columns wide and ten inches long. The entire headline [NOTICE OF CONDITIONAL USE CHANGE WITHIN THE MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT] must be an 18 point bold headline. Thank you. REF:UseNoticeFedHwy TO: ALISON MACGREGOR HARTY, CITY CLERK FROM: //JASMIN ALLEN, PLANNER / RE: PREPARATION OF ADVERTISEMENT FOR THE CITY COMMISSION MEETING OF JUNE 1, 1999 DATE: MAY 18, 1999 Please prepare the necessary advertisement and ensure that the following item is scheduled for public hearing at the June 1st and June 15th City Commission meetings. n Amendment to the Land Development Regulations Section 4.3.4(H)(6); 4.4.9(F)&(G); and, 4.4.10(F)&(G) regarding building and landscape setback requirements along the Federal Highway corridor. Thanks. Section 4.3.4 Base District Development Standards: (H) Setbacks: (6) Special Setbacks: Three types of special setbacks are established in order to provide for preservation of area for expansion of roadways and/or streetscape beautification. These are: special building setbacks, special landscape setbacks, and a combination thereof. (b) Special Landscape Setbacks: Within the following special landscape setbacks, no structures shall be altered, erected, or reconstructed; nor shall any paving be allowed except for driveways and sidewalks which lead to structures on, or provide access to, the site and then only when generally perpendicular to the frontage. However, waivers may be granted to these restrictions at the time of site plan review in order to accommodate landscape features, decorative walls, meandering sidewalks, and other decorative pedestrian ways. (1) Alon9 Federal Highway (U.S. Highway 1), includin9 the one-way pairs (Sth and 6th Avenues), extending from the south City limits to S.E. 10th Street, special landscape areas shall be provided as shown below on both sides of the ultimate right-of-way: ::::EOT::: ::: SINGLE : DOUBLE FRONTAGE FRONTAGE Up to 200' 10' 10' 201 to 250' 15' 10' 251 to 300' 20' 15' Over 300' 25' 20' (2) Along Federal Highway (U.S. Highway 1), including the one-way pairs (5th and 6th Avenues), extending from S.E. 10th Street to the north City limits, but excluding the blocks between S.E. 1st Street and N.E. 1st Street, a 10 foot (10') special landscape area shall be provided on both sides of the ultimate right-of-way. The special landscape area shall not be required between the front building edge and the ultimate right-of-way where storefronts face the roadway and no parking or vehicular circulation areas are provided between the building and the right-of-way. However, the body acting upon the development application may require that foundation plantings, street trees or other landscape features be installed in front of the building to add interest and provide relief from the building mass. . Page 2 *(3) Along West Atlantic Avenue, From 1-95 to the Western City Limits, a special landscape area shall be provided on both sides of the ultimate right-of-way. This landscape area shall be the smaller distance of either thirty feet (30') or 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet (10'). *(4) Along Linton Boulevard, from A-1-A to the western City limits, a special landscape area shall be provided. This landscape area shall be the smaller distance of either 30' or 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet *(5) Along Congress Avenue, from the L-38 Canal northward to the L-30 Canal, a special landscape area shall be provided. This landscape area shall be the smaller distance of either 30' or 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet (10'). *(6) Along Military Trail, from the L-38 Canal northward to the L-30 Canal, a special landscape area shall be provided. This landscape area shall be the smaller distance of either 30' or 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet (10'). Section 4.4.9 General Commercial (GC) District: (F) Development Standards: In addition to the development standards set forth in Section 4.3.4, the following development standards shall apply in the GC District: (3) North Federal Highway Area: The following development standard shall apply to parcels which have frontage on North Federal Highway or the North Federal Highway one-way pairs (NE 5th Avenue and NE 6th Avenue) between N.E. 4th Street and the north City Limits. (a) Parcels shall have a front building setback of five feet (5') measured from the ultimate right-of-way line. The maximum setback shall be fifteen feet (15'), unless it can be demonstrated to the Site Plan Review and Appearance Board that it is not feasible to comply with this standard. (H) Special Regulations: (1) The first ten feet of the front yard setback which is adjacent to a right-of-way shall be a landscaped area, except within the West Atlantic Avenue Overlay District as defined in Section 4.5.6(B) and within the North Federal Highway Area as defined in 4.4.9(F)(3), which is subject to the special landscape setbacks of Section 4.3.4(H)(b). Within the required front landscape area, no paving shall be allowed except for driveways and · Page 3 walkways which shall be generally perpendicular to the property line. [173.474(E)] [Amd. Ord. 72-95 12/5/95] Section 4.4.10 Automotive Commercial (AC) District: (F) Development Standards: (3) North Federal Highway Area: The following development standard shall apply to parcels which have frontage on North Federal Highway or the North Federal Highway one-way pairs (NE 5th Avenue and NE 6th Avenue) between N.E. 4th Street and the north City Limits. (a) Parcels shall have a front building setback of five feet (5') measured from the ultimate right-of-way line. The maximum setback shall be fifteen feet (15'), unless it can be demonstrated to the Site Plan Review and Appearance Board that it is not feasible to comply with this standard. Section 4.3.4(K) Development Standards Matrix The Development Standards matrix is amended to add the following note to the front setback in the GC and AC zoning district: (5) = Refer to individual district regulations "Development Standards" section for special setbacks in the North Federal and/or West Atlantic Avenue Corridors.