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Ord 36-99 FAILED ON FI~T READING/FIRST PUBLIC ~R. ARING - 10/5/99 ORDINANCE NO. 36-99 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 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT REGULATIONS", SUBPARAGRAPH 4.4.13(G) (2), "SETBACKS", TO PROVIDE THAT THE FRONT SETBACK MAY BE REDUCED TO ZERO FEET WHERE THERE IS A MINIMUM SIDEWALK WIDTH OF EIGHT FEET WITHIN THE SECTION OF THE CENTRAL BUSINESS DISTRICT EAST OF THE INTRACOASTAL WATERWAY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, a proposal for the reduction in the front setback in the area east of the Intracoastal Waterway in the Central Business District was made and considered by the Planning and Zoning Board and is now being considered by the City Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(G), "Supplemental District Regulations", Subparagraph 4.4.13(G) (2), ~Setbacks", of the Land Development Regulations of the Code of .~rdinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (2) Setbacks: Within the area encompassed by the boundaries of the DDA as originally established in Section 8.2.2(B), there shall be no required front, side (interior), side (street) or rear building setbacks, except where there is no dedicated access to the rear of a building, a ten foot (10') side setback shall be provided. FAILED ON FIRST READING/FIRST PUBLIC ~R. ARING - 10/5/99 FAILED ON FIRST READING/FIRST PUBLIC HEARING - 10/5/99 (a) Within those sections of the CBD zoning district located in the Pineapple Grove Main Street area and east of the Intracoastal Waterway, a front setback of not less than five feet (5') nor greater than ten feet (10') and a five foot (5') side (street) setback shall be provided. Within the section of the CBD east of the Intracoastal Waterway, the front setback may be reduced to zero feet ( 0' ) where there is a minimum sidewalk width of eight feet (8'). For both the Pineapple Grove Main Street area and the area east of the Intracoastal Waterway, ·there shall be no required side (interior) or rear building setbacks, except where there is no dedicated access to the rear of a building, a ten .foot (10') side setback shall be provided. 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 FAILED ON FIRST READING/FIRST PUBLIC HEARING - 10/5/99 - 2 - Ord. No. 36-99 FR~M : RbBERT G. CURRIE PARTNERSHIP ~ONE NO. : 561 243 8184 S~p. 30 1999 OI:S1PM Pt ROBERT G. CURRIE PARTNERSHIP Robert G. Curri¢, AIA Architects, Planners & Interior Designers A/kO002271 Jess M. Sowarvi~, ALA September 30,1999 Ms. Diane Dominguez, Director City of Delray Beach Pla~ming & Zoning Deot. 100 N. W. 1-~ Avenue Delray Beach, Florida 3~'-~44. Dear Diane: We respectfully reques~ ~.at you withdraw our request to reduce the front setbacks east of the Ir~t-~coastal Waterway on Atlantic Avenue from 5' to O' in light of the Planni~ ~r.d Zoning Board's opposition at Monday night's meeting. Thank you foryour coops-~ion and ifyou have any questions, please feel free to give me a call. Very truly ~ours, Jess M. Sowards, AIA c: Louis Carbone, Esa. Mr. Charles P~os~e- 134 Northeast 1st Avenue, Delray Beack, Florida 33444 Telephone: (561) 276-495l Facsmilie: (561) 243-811M E-mail: rcpse~.'aol.com TO: DAVID T. HARDEN, OITY MANAGER SUBJECT: Cl~ COMMISSION MEETING OF OCTOBER 5, 1999 LDR AMENDMENT ELIMINATING THE FRONT SETBACK REQUIREMENT FOR PROPERTIES LOCATED IN THE CBD ZONING DISTRICT, EAST OF THE INT~COASTAL WATERWAY [LDR SECTION 4.4.13 (G)(2)] I An application to amend the Land Development Regulations (LDRs) has been requested by Oharles Rosner, who owns prope~y at the no~hwest comer of Atlanti~ Avenue and Andrews Avenue. The proposed amendment is to reduce the required setback for CBD-zoned prope~ies east of the Intracoastal Wate~ay f~om five feet (~') to zero feet (0'). A histo~ of th~ various zoning d~signations and s~tback requirements that have applied to this ~ommercial area is inclMded in the attached Planning arid Zoning Board staff repo~. For most of the area's development histo~ a t~n foot (10') front setback requirement has applied. In July of this ~ear, an amendment was adopted reducing that requirement in this potion of the CBD, and within the Pineapple Grov~ Main Stm~t ama, b fiw f~t (G'). The Planning and Zoning Depa~ment is opposed to the amendment, largely because it is inconsistent with the development pattern of the majority of the area, and creates too narrow an area for pedestrian movemenb. With be successful redevelopmant of the downtown, conflicts be~een pedestrians, bicyclists, skaters, and outdoor diners has increased. The existing ~' setback provides additional room for maneuvering, and ~n accommodat~ outdoor uses such as sidewalk cafes. ~.~...~... ~ .......................................................... ~ .: .~. ~ .......... ~;.~E~ ~.~...~.~.~.~...,, ............ ~..~...~.~,..-~,...,,~, ~,~;...~..~. ~ ....... The proposed amendment was reviewed by the Planning and Zoning Board on September 27, 1999. The Board recommended denial oT the amendment by a vote of 7-0, based upon a failure to make a positive findin~ with LDR Section 2.4.~(M)(~), that the amendment must be consistent with and Tubber the goals, objectives, and polid~s of the Comprehensiv~ Plan. The Community Redevelopment Agency and Downtown Development Authority also recommended denial. By motion, deny the amendment to Section 4.4.13(G)(2) Supplemental Distdct Regulations for the Central Business District as attached, based upon the findings and m~mmendation of the Planning and Zoning Board. Attachments: ~ Proposed Ordinance Q P & Z Staff Repo~ o.A . Charles Rosner 118 N. Bedford Road Suite #203 Mount Kisco, N.Y. 10549 August 11, 1999 Ms. Diane Dominguez, Planning Director City of Delray Beach 100 N. W. 1~ Avenue Delray Beach, Florida Re: Land Development Regulation Text Amendment Request Dear Ms Dominguez: Please consider this a formal request for the following text amendment to the current Land Development Regulations as presented at a recent City Commission meeting by my architects, Robert G. Currie Partnership and my attorney, Louis J. Carbone. With regard to the current Section 4.4.13(G)(2)(a), I hereby request a change from a 5' front setback in the CBD zoning district located along Atlantic Avenue east of the Intracoastal Waterway to a O' front setback as currently exists along Atlantic Avenue west of the Intracoastal. All other parameters of this section shall remain the same. It is agreed that this O' front setback shall be allowed provided the public sidewalk area is not less than 8' deep in front of the subject property. I am enclosing a check in the amount of $500.00 as you requested for the processing fee. I understand the time table for review of this change would be as follows: Planning and Zoning Board Review September 27*h 1st Reading, City Commission October 5th 2® Reading, City Commission October 19th Ifyou have any questions regarding this matter, please feel free to give me a call. In addition, please send any backup material and meeting notifications to my architects, Robert G. Currie Partnership, attention of Jess M. Sowards, AIA, as welt as my attorney, Louis J.~Carbone. Very truly yours, c: Louis j. Carbone, Esq. attachment: check MEETING OF: SEPTEMBER 27, 1999 AGENDA ITEM: VI.E. AMENDMENT TO LDR SECTION 4.4.13(G)(2), ELIMINATING THE FRONT SETBACK REQUIREMENT FOR THE PORTION OF THE CBD EAST OF THE INTRACOASTAL WATERWAY. The item before the Board is the consideration of a privately initiated request to amend LDR Section 4.4.13 Central Business District, subsection (G)(2) Setbacks. The proposed amendment is to reduce the required front setback for CBD-zoned properties located east of the Intracoastal Waterway (ICWW) from five feet (5') to zero feet (0'). The request has been made by the owner of property located on the NW corner of Atlantic Avenue and Andrews Avenue, who wishes to expand an existing structure to the front property line. The following is a general history of the zoning and setback regulations applicable to the commercial area located along East Atlantic Avenue, between the ICWW and State Road A-1-A (see attached map). Prior to the 1970's the area was zoned C-l(Limited Commercial), which required a minimum 10' front setback. From 1959 until 1972 the C-1 zoning district regulations contained the following special provision for commercial properties in this area: "Within the business district along Atlantic Avenue, east from U.S. Highway No. 1 to Highway A-l-A, all commercial buildings shall be set back forty-three (43) feet from the center line of said Atlantic Avenue, and no structures shaft be erected, altered or reconstructed within the area between such setback lines." This language does not appear in the 1972 code, nor in any of the subsequent regulations. In 1976 a new City zoning code was adopted and the C-1 zoning category was eliminated. The area was rezoned to GC (General Commercial) until August of 1977 when it was changed to LC (Limited Commercial). Both the GC and LC districts required a minimum front setback of ten feet (10'). The LC district regulations stated further that the front setback area was to be landscaped. In 1990 there was a major Citywide rezoning that coincided with the adoption of new Land Development Regulations, and the zoning of the subject area was again changed, P& Z Board Memo Report LDR Amendment--Setbacks East of the ICWW Page 2 .... this time to CBD (Central Business District). Prior to 1990 the CBD had consisted only of the area one block north and south of Atlantic Avenue, between Swinton Avenue and the Intracoastal. This corresponded with the original jurisdictional area of the Downtown Development Authority (DDA). With the Citywide rezonings, the CBD was expanded eastward as previously noted, as well as north to NE 4th Street and south to SE 2nd Street in part, and SE 3rd Street in part. Also prior to 1990, the front setback for buildings in the CBD was ten feet (10'). With the adoption of the new LDRs, the front setback was reduced to zero (0'), but only for that area lying within the original DDA boundaries. This was done primarily to reflect the prevailing pattern of development in the area, particularly along Atlantic Avenue. The reduced setback did not apply to the expanded CBD. In July of this year, the City processed an LDR amendment to incorporate recommendations made in the Pineapple Grove Main Street (PGMS) plan. One of those recommendations was to reduce the minimum front setback in the PGMS area from ten feet (10') to five feet (5'). The goal was to encourage development that is pedestrian oriented by having buildings close to the street, but still allowing for 10' wide sidewalks (5' in the right-of-way and 5' on private property). This was similar to regulations that had been applied to West Atlantic Avenue following the adoption of the redevelopment plan for that area. City staff felt that the front setbacks for the CBD- zoned area east of the Intracoastal Waterway should also be reduced to 5', and included the area in the amendment for PGMS. II .............................. ................. ................................. ......................................... .................. ........................ ............................................. ................................................................ The portion of Atlantic Avenue that is in the subject area was recently beautified with paver block sidewalks, decorative street lights, and landscaping. These improvements are all accommodated within the 80' right-of-way. Enclosed with this report is an aerial photograph of Atlantic Avenue east of the ICWW. The aerial depicts the centerline of the right-of-way (dashed line in the middle of the road), and indicates the approximate distance from the centerline to the existing adjacent structures. As noted above the right-of-way is 80' wide, or 40' on either side of the centerline. Therefore, the front building setback for each structure is equal to the distance from the centerline minus 40' (for example, a distance of 44' indicates a 4' front building setback). As indicated on the aerial, the existing front setbacks for buildings along Atlantic Avenue vary from a minimum of 2' for the structure at the southwest corner of Gleason and Atlantic, to 50' for the Barr Terrace condominiums on the north side of Atlantic, just east of the ICWW. Several structures are set back quite a distance in order to accommodate parking and landscape features. In other blocks the front setbacks are approximately 3', which is consistent with the requirement that existed from 1959 to 1972 to maintain a minimum 43' setback from the centerline of Atlantic Avenue. It is evident that a zero setback is not the prevailing development pattern for this area. P& Z Board Memo Report LDR Amendment--Setbacks East of the ICWVV Page 3 The request for the reduced setback states that it should only apply where the sidewalk is a minimum of eight feet (8') wide. The sidewalks that were installed with the beautification are a minimum of 8' in width, therefore, the zero setback would effectively apply to the entire area and there is no need to make that distinction in the code language. The implication is that an 8' wide sidewalk is adequate to handle pedestrian .traffic in this area. It's true that 8' is wider than sidewalks throughout most of the City, which are typically 5' wide. And it would have been sufficient to handle pedestrian traffic prior to the revitalization of downtown Delray Beach. However, the downtown now has an active night life, and the eastern section is particularly busy with daytime activity during the traditional tourist season. The Marriott hotel has expanded to 250 rooms and has added conference facilities, and there are new restaurants and shops along A-1-A and Atlantic Avenue. The sidewalks in this area are shared by pedestrians, cyclists, roller bladers, and outside diners. A building setback of at least 5' can accommodate additional pavement for these uses, or just some "breathing room" if people need to step out of the way of sidewalk traffic. The additional space is also important due to the fact that this portion of Atlantic Avenue is four lanes wide, and traffic moves faster here than it does in the central CBD. The more room that is available for pedestrian movements, the safer they are from potential conflicts with vehicles. It is clear from the aerial photograph that this area is largely developed, with an established building setback line. However, there is a great deal of potential for major redevelopment of existing structures. If the building setback is reduced to zero, it is likely that the sites will be developed to that maximum envelope. Any future ability to have sidewalks wider than 8' would effectively be lost. The existing five foot (5') setback, which was reduced from 10' less than three months ago, allows for at least 13' of area from the curb to the building front, and has a minimal impact on the development potential of adjacent properties. Pursuant to LDR Section 2.4.5(M)(5), in approving an amendment to the Land Development Regulations, the approving body must make a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. The applicant has not indicated in his letter which of the Goals, Objectives and/or Policies this request is consistent with or furthers. Community Redevelopment A.qency (CRA) At its meeting of September 2, 1999, the CRA Board reviewed the proposed amendment and recommended that it be denied. The Board was particularly concerned P& Z Board Memo Report LDR Amendment--Setbacks East of the ICVWV Page 4 about sight visibility problems that are created at intersections when buildings have zero setbacks. Downtown Development Authority (DDA) At its meeting of September 22, 1999, the DDA Board reviewed the proposed amendment and recommended that it be denied. By motion, recommend that the City Commission deny the proposed amendment to reduce the front setbacks, based upon a failure to make a positive finding with LDR Section 2.4.5(M)(5). Attachments: [] Proposed Amendment Aerial Photo - Building Offsets from Centedine - E. Atlantic Avenue [] Letter of Request From Applicant ,,.. ,. ...... . .... ... ........ , ~ ~ ., .~ ~;~; .~ .- '. I ¢ , r, ' ; ~- ':' = mO m 0 ~z ~ ~ ,, .~ , ~,... ~_ .,<, III z ~ I t, , T. ~ ~.'- -~ , ¢ ~' t, --.. ~ ~. ~ . ,. 1. ! ....J . ;:~--I~ ,:~i~Ifl¢~.~t~ ~ > ~ ..~I ' 'J .,. ..... ~-~. :.,-, <~ _ ~. .-~..., " · ':1 -~ ?:', ': m ' " , ' ):~-, ~: ' ~ "~ ':' _.. .,, ~ ~ ,~.,.~, . .., :.,.,...._. i~- ~,~r,,.~,, -. ~~ ,k~._..~ ¥ ~~ :~ a. ~l::,._. ':.~ ~- ,. ~,~- ¥ ~~<-'~':' -- ~ ii,' '" -" ' : ~-.' ~ ' I ~'~~ ~ * ";~m~;: ~'~. PROPOSED AMENDMENT (2) Setbacks: Within the area encompassed by the boundaries of the DDA as originally established in Section 8.2.2(B) there shall be no required front, side (interior), side (street) or rear building setbacks except where there is no dedicated access to the rear of a building, a ten foot (10') side setback shall be provided. (a) Within those sections of the CBD zoning district located in the Pineapple Grove Main Street area and east of the Intracoastal Waterway, a front setback of not less than five feet (5') nor greater than ten feet (10') and a 5' side (street) setback shall be provided. Within the section of the CBD east of the Intracoastal Waterway, the front setback may be reduced to zero feet (0') where there is a minimum sidewalk width of eight feet (8'). For both the Pineapple Grove Main Street area and the area east of the Intracoastal Waterway, :l:there shall be no required side (interior) or rear building setbacks, except where there is no dedicated access to the rear of a building, a ten foot (10') side setback shall be provided. CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS REGARDING FRONT SETBACK REQUIREMENTS FOR PROPERTIES LOCATED WITHIN THE CENTRAL BUSINESS DISTRICT (CBD) LYING EAST OF THE INTRACOASTAL WATERWAY The City Commission of the City of I)dny Beach, FI, proposes to adopt the following ordinance: ORDINANCE NO. 36.99 AN ORDI~ANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CffY OF DFLRAY BEACH BY AMENDING SECTION 4.4.13,"~NTRAL BUS[NESS (COB) DISTRIEF', SUBSECTION 4.4.13 (G), "SUPPLEMENTAL DISTRICT REGULATIONS", SUBPARAGRAPH 4.4.13 (G) (2), "SETBACKS", TO PROVIDE THAT ~ ~ONT SETBACK MAY BE REDUCED TO ZERO FEET WHERE THERE IS A MINIMUM S.IDEWALK WIDTH OF EIGHT ,FEET WITHIN THE SECTION OF THE CENTRAL BUSINESS DISTRICT EAST OF lie II~CO)~AL WAIERWA¥; PROVIDING A GF3~R~ ~PEALER ULtlJ$~, A StVING CI~U$~, tI~ tN FJ~UI~ DIlE. The Oty Ceramic'ion will conduct two (2) ~blic Hearing for the purple of accepting lmblk ~stimony n~garding the proposed ordinance. The first Publk Hearing wm be held on TUESDAY. OCTOBER ~. 1999. AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commksion), ia the Commi~jon Clmmbers a~ City Hall, 100 N.W. ~ lwm~e, Ddray Beach, Florida. ff I~e ordinance is I p assed on first reading a second Public Hearing will be hetd on TUESDAY. OC~BER 19.1999 AT 7:00 P.M. (or at any continuation of such meeting which is set by the O~nmi.~ion). All interested citizens are invited to attend ~ pubik heating and comment upon the prolnm~ ordinance or submit their comments in writing on or before Ibc date of these ltearblgs to the Planning' and Zoning DepartmenL For further information or to obtain a copy of the pro, ed mdinance, please contact the Plannin~ add ZoBillg DeparllBent~ ~ty Ha~ IM N.W. 1st Avenue, IMray Beach, Florida exd~ling holi&y~. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY TH~ CITY COMM~SSIO~ ~ R~?ECT TO ~ MAURER COSSEteD AT Tnr3~ 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 PROVIPE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105. PUBLISH: The Boca Raton News' CITY OF DELRAY BEACH ' September 27,1999 Alisoa MacG~ Harty October 13,1999 City Ciuk Ad # 784650 CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS REGARDING FRONT SETBACK REQUIREMENTS FOR PROPERTIES LOCATED WITHIN THE CENTRAL BUSINESS DISTRICT (CBD) LYING EAST OF THE INTRACOASTAL WATERWAY The City Commission of the City of Delray Beach, Florida, proposes to adopt the following ordinance: ORDINANCE NO. 36-99 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 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT REGULATIONS", SUBPARAGRAPH 4.4.13(G) (2), "SETBACKS", TO PROVIDE THAT THE FRONT SETBACK MAY BE REDUCED TO ZERO FEET WHERE THERE IS A MINIMUM SIDEWALK WIDTH OF EIGHT FEET WITHIN THE SECTION OF THE CENTRAL BUSINESS DISTRICT EAST OF THE INTRACOASTAL WATERWAY; 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~ OCTOBER 5~ 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, OCTOBER 19~ 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 N.W. 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 September 27, 1999 Alison MacGregor Harty October 13, 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 PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS REGARDING FRONT SETBACK REQUIREMENTS FOR PROPERTIES LOCATED WITHIN THE CENTRAL BUSINESS DISTRICT (CBD) LYING EAST OF THE INTRACOASTAL WATERWAY] must be an 18 point bold headline. Thank you. REF:UseNotice. Ord36-99.Front Setback Req. CBD East of ICW MEETING OF: SEPTEMBER 27, 1999 AGENDA ITEM: VI.E. AMENDMENT TO LDR SECTION 4.4.13(G)(2), ELIMINATING THE FRONT SETBACK REQUIREMENT FOR THE PORTION OF THE CBD EAST OF THE INTRACOASTAL WATERWAY. The item before the Board is the consideration of a privately initiated request to amend LDR Section 4.4.13 Central Business District, subsection (G)(2) Setbacks. The proposed amendment is to reduce the required front setback for CBD-zoned properties located east of the Intracoastal Waterway (ICWW) from five feet (5') to zero feet (0'). The request has been made by the owner of property located on the NW corner of Atlantic Avenue and Andrews Avenue, who wishes to expand an existing structure to the front property line. =~ ~i~ :~ .................................... ~ ~ ',~ ~.~ The following is a general history of the zoning and setback regulations applicable to the commercial area located along East Atlantic Avenue, between the ICWW and State Road A-1-A (see attached map). Prior to the 1970's the area was zoned C-l(Limited Commercial), which required a minimum 10' front setback. From 1959 until 1972 the C-1 zoning district regulations contained the following special provision for commercial properties in this area: "Within the business district along Atlantic Avenue, east from U.S. Highway No. 1 to Highway A-l-A, all commercial buildings shall be set back forty-three (43) feet from the center line of said Atlantic Avenue, and no structures shall be erected, altered or reconstructed within the area between such setback lines·" This language does not appear in the 1972 code, nor in any of the subsequent regulations. In 1976 a new City zoning code was adopted and the C-1 zoning category was eliminated. The area was rezoned to GC (General Commercial) until August of 1977 when it was changed to LC (Limited Commercial). Both the GC and LC districts required a minimum front setback of ten feet (10'). The LC district regulations stated further that the front setback area was to be landscaped. In 1990 there was a major Citywide rezoning that coincided with the adoption of new Land Development Regulations, and the zoning of the subject area was again changed, P& Z Board Memo Report ~' ~ ¢i~-,~ ,,~z ~ LDR Amendment--Setbacks East of the ICWW ~j~ ~:~ ~ this time to CBD (Central Business District)· v Prior to 1990 the CBD had consisted only of the area one block north and south of Atlantic Avenue, between Swinton Avenue and the Intracoastal. This corresponded with the original jurisdictional area of the Downtown Development Authority (DDA). With the Citywide rezonings, the CBD was expanded eastward as previously noted, as well as north to NE 4th Street and south to SE 2nd $treet in part, and SE 3rd Street in part. Also prior to 1990, the front setback for buildings in the CBD was ten feet (10'). With the adoption of the new LDRs, the front setback was reduced to zero (0'), but only for that area lying within the original DDA boundaries. This was done primarily to reflect the prevailing pattern of development in the area, particularly along Atlantic Avenue. The reduced setback did not apply to the expanded CBD. In July of this year, the City processed an LDR amendment to incorporate recommendations made in the Pineapple Grove Main Street (PGM$) plan. One of those recommendations was to reduce the minimum front setback in the PGM$ area from ten feet (10') to five feet (5')· The goal was to encourage development that is pedestrian oriented by having buildings close to the street, but still allowing for 10' wide sidewalks (5' in the right-of-way and 5' on private property). This was similar to regulations that had been applied to West Atlantic Avenue following the adoption of the redevelopment plan for that area· City staff felt that the front setbacks for the CBD- zoned area east of the Intracoastal Waterway should also be reduced to 5', and included the area in the amendment for PGMS. The portion of Atlantic Avenue that Js in the subject area was recently beautified with paver block sidewalks, decorative street lights, and landscaping. These improvements are all accommodated within the 80' right-of-way. Enclosed with this report is an aerial photograph of Atlantic Avenue east of the ICWW. The aerial depicts the centerline of the right-of-way (dashed line in the middle of the road), and indicates the approximate distance from the centerline to the existing adjacent structures. As noted above the right-of-way is 80' wide, or 40' on either side of the centerline. Therefore, the front building setback for each structure is equal to the distance from the centerline minus 40' (for example, a distance of 44' indicates a 4' front building setback). As indicated on the aerial, the existing front setbacks for buildings along Atlantic Avenue vary from a minimum of 2' for the structure at the southwest corner of Gleason and Atlantic, to 50' for the Barr Terrace condominiums on the north side of Atlantic, just east of the ICVVW. Several structures are set back quite a distance in order to accommodate parking and landscape features. In other blocks the front setbacks are approximately 3', which is consistent with the requirement that existed from 1959 to 1972 to maintain a minimum 43' setback from the centerline of Atlantic Avenue. It is evident that a zero setback is not the prevailing development pattern for this area. P& Z Board Memo Report PageLDR Amendment--Setbacks East of the ICVVW 3 DR..~ r The request for the reduced setback states that it should only apply where the sidewalk is a minimum of eight feet (8') wide. The sidewalks that were installed with the beautification are a minimum of 8' in width, therefore, the zero setback would effectively apply to the entire area and there is no need to make that distinction in the code language. The implication is that an 8' wide sidewalk is adequate to handle pedestrian traffic in this area. It's true that 8' is wider than sidewalks throughout most of the City, which are typically 5' wide. And it would have been sufficient to handle pedestrian traffic prior to the revitalization of downtown Delray Beach. However, the downtown now has an active night life, and the eastern section is particularly busy with daytime activity during the traditional tourist season. The Marriott hotel has expanded to 250 rooms and has added conference facilities, and there are new restaurants and shops along A-1-A and Atlantic Avenue. The sidewalks in this area are shared by pedestrians, cyclists, roller bladers, and outside diners. A building setback of at least 5' can accommodate additional pavement for these uses, or just some "breathing room" if people need to step out of the way of sidewalk traffic. The additional space is also important due to the fact that this portion of Atlantic Avenue is four lanes wide, and traffic moves faster here than it does in the central CBD. The more room that is available for pedestrian movements, the safer they are from potential conflicts with vehicles. It is clear from the aerial photograph that this area is largely developed, with an established building setback line. However, there is a great deal of potential for major redevelopment of existing structures. If the building setback is reduced to zero, it is likely that the sites will be developed to that maximum envelope. Any future ability to have sidewalks wider than 8' would effectively be lost. The existing five foot (5') setback, which was reduced from 10' less than three months ago, allows for at least 13' of area from the curb to the building front, and has a minimal impact on the development potential of adjacent properties. Pursuant to LDR Section 2.4.5(M)(5), in approving an amendment to the Land Development Regulations, the approving body must make a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. The applicant has not indicated in his letter which of the Goals, Objectives and/or Policies this request is consistent with or furthers. Community Redevelopment Agency (CRA) At its meeting of September 2, 1999, the CRA Board reviewed the proposed amendment and recommended that it be denied. The Board was particularly concerned P& Z Board Memo Report LDR Amendment--Setbacks East of the ICWVV Page 4 about sight visibility problems that are created at intersections when buildings have zero setbacks. Downtown Development Authority (DDA) At its meeting of September 22, 1999, the DDA Board reviewed the proposed amendment and recommended that it be ..... . By motion, recommend that the City Commission deny the proposed amendment to reduce the front setbacks, based upon a failure to make a positive finding with LDR Section 2.4.5(M)(5). Attachments: Proposed Amendment Aerial Photo - Building Offsets from Centerline - E. Atlantic Avenue Letter of Request From Applicant PROPOSED AMENDMENT ~,~ ~? '',~' (2) Setbacks: Within the area encompassed by the boundaries of the DDA as originally established in Section 8.2.2(B) there shall be no required front, side (interior), side (street) or rear building setbacks except where there is no dedicated access to the rear of a building, a ten foot (10') side setback shall be provided. (a) Within those sections of the CBD zoning district located in the Pineapple Grove Main Street area and east of the Intracoastal Waterway, a front setback of not less than five feet (5') nor greater than ten feet (10') and a 5' side (street) setback shall be provided. Within the section of the CBD east of the Intracoastal Waterway, the front setback may be reduced to zero feet (0') where there is a minimum sidewalk width of eight feet (8'). For both the Pineapple Grove Main Street area and the area east of the Intracoastal Waterway, :l:there shall be no required side (interior) or rear building setbacks, except where there is no dedicated access to the rear of a building, a ten foot (10') side setback shall be provided.