48-92 ORDINANCE NO. 48-92
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 4.4.15, "PLANNED OFFICE
CENTER (POC) DISTRICT", SUBSECTION (G),
"SUPPLEMENTAL DISTRICT REGULATIONS", TO PROVIDE
THAT THE FIRST TEN FEET OF THE FRONT YARD SETBACK
ADJACENT TO A RIGHT-OF-WAY SHALL BE A LANDSCAPED
AREA; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
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",
Article 4.4, "Base Zoning District", Section 4.4.15, "Planned
Office Center (POC) District", Subsection (G), "Supplemental
District Regulations", of the Land Development Regulations of the
City of Delray Beach, Florida, be, and the same is hereby amended
to read as follows:
(G) Supplemental District Regulations: The
supplemental district regulations as set forth in
Article 4.6 shall apply except as modified by, or
added to, as follows:
~~/~/f~//~/~//~ The first
ten (10) feet of the front ~ard setback which is
adjacent to a rijht-of-wa~ shall be a landscaped
area. Within this area, no pavin~ shall be
allowed except for access drives and pedestrian
ways which should be generally perpendicular to
the property lines.
Section 2. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.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 effect 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 on second and final reading on this
the 13th day of October , 1992.
ATTEST:
~City C19~k '
First Reading September 22, 1992
Second Reading October 13, 1992
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGEND~ ITEM # /O D - MEETING OF OCTOBER 13. 1992
ORDINANCE NO. 48-92
DATE: October 9, 1992
This is the second reading of an ordinance amending the Land
Development Regulations by amending Section 4.4.15 "Planned Office
Center , (POC) District", Subsection (G), "Supplemental District
Regulations", to provide that the first ten feet of the front yard
setback adjacent to a right-of-way shall be a landscape area and
deleting paragraph (G)(2) in its entirety.
This subject was raised by the Site Plan Review and Appearance Board
during review of the preliminary development plans for the South
County Professional Office Center on S. Military Trail.
At their September 21st meeting the Planning and Zoning Board
recommended approval. A detailed staff report is attached as backup
material for this item.
Recommend approval of Ordinance No. 48-92 on second and final reading.
ORDINANCE NO. 48-92
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 ~MENDING SECTION 4.4.15, "PLANNED OFFICE
CENTER (POC) DISTRICT", SUBSECTION (G),
"SUPPLEMENTAL DISTRICT REGULATIONS", TO PROVIDE
THAT THE FIRST TEN FEET OF THE FRONT YARD SETBACK
ADJACENT TO A RIGHT-OF-WAY SHALL BE A LANDSCAPED
AREA; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
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",
Article 4.4, "Base Zoning District", Section 4.4.15, "Planned
Office Center (POC) District", Subsection (G), "Supplsmental
District Regulations", of the Land Development Regulations of the
City of Delray ~each, Florida, be, and the same is hereby amended
to read as follows:
(G) Supplemental District Regulations: The
supplemental district regulations as set forth in
Article 4.6 shall apply except as modified by, or
addsd to, as follows:
Idddgti~d/lili~/f~/ll~id/di~dd//~ The first
ten (10) feet of the front ~ard setback which is
adjacent to a ri~ht-of-way shall be a landscaped
area. Within this area, no pavin~ shall be
allowed except for access drives and pedestrian
ways which should be generally perpendicular
the property lines.
~//~/I~/~~/~//~1~
6fl~l~gl~Ill~l~lI~d~dl~ll~I~d~g
Section 2. That all ordinances or parts of ordinances
which are in conflict hsrawith are hereby repealed.
Section 3. That should amy section or provision of
this ordinamca or any portion ~hersof, any paragraph, sentence or
word ba declared by a court of competent Jurisdiction to be
invalid, such decision shall not effect the validity of the
remainder hereof as a whole or part thsreof other than the part
declared to be invalid.
Section 4. That this ordinamce shall becoms effective
immadiatsly upon passage on second and final reading.
PASSED AND ADOPTED on second and final reading on this
the day of , 1992.
MAYOR
ATTEST:
City Clerk
First Reading
Second Readin8
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: SEPTEMBER 21, 1992
AGENDA ITEM: IV.G.3. TEXT AMENDMENT DELETING AND AMENDING
SPECIAL SUPPLEMENTAL DISTRICT REGULATIONS WITHIN
THE POC (PLANNED OFFICE CENTER) ZONING DISTRICT
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation to the City Commission on a proposed text
amendment deleting and amending special supplemental
district regulations in the POC (Planned Office Center)
zoning district [Section 4.4.15(G)(1) and (2)].
BACKGROUND:
This amendment is being proposed by the Site Plan Review and
Appearance Board following the initial review of the site plan
for Phase II of the South County Professional Office Center.
This site plan is only the second project to be proposed for
development within a POC zoned district. Other sites in the City
which are zoned POC, such as Congress Park, the Atrium Center,
and Delray Shores, were actually developed under previous zoning
classifications. The POC zone replaced the former POI zone in
1985, and was subsequently applied to those POI sites. "The
Commons" on West Atlantic has been approved per POC standards.
The POC zoning district provides for the concentration of office
and support uses which are developed and managed under unified
control. It is generally intended for relatively large scale
developments on sites having three or more acres.
The POC zoning requires a 30 ft. front and street side setback,
and a 10 ft. rear and interior side setback. The supplemental
regulations within the district require that those setbacks be
landscaped; that is, parking and other surface improvements may
not be installed within those areas. The supplemental
regulations also require that at least 25% of the entire site be
provided in landscaped areas, over and above the required
landscaping within and around parking areas. Both of these
regulations are more stringent than the requirements of most of
the City's other non-residential districts, including GC
(General Commercial), PC (Planned Commercial), MIC (Mixed
Industrial and Commercial), and I (Industrial). An analysis of
the supplemental regulations is provided below.
P&Z Staff Report: Agenda Item IV.G.3.
Meeting of September 21, 1992
Page 2
ANALYSIS:
POC Supplemental Regulation 4.4.15(G)(1) Ail required
setback areas shall be landscaped except for area devoted
to access drives and pedestrian ways which should be
generally perpendicular to the property lines.
The effect of this provision is to prohibit parking within the
front, rear, or side setbacks, which places significant design
constraints on a site. While it is desirable to have large
landscaped buffers surrounding commercial and office buildings,
this requirement is more restrictive than what is needed for the
types of development permitted in the POC district. The uses
allowed (i.e. medical, professional, financial offices) are of
the type and intensity that would be adequately buffered by the
existing regulations in the City's landscape ordinance. That
ordinance requires that all parking areas be surrounded by a
five (5) ft. landscape buffer which must include hedges and
trees.. In addition to the landscape ordinance, there are
special setbacks required along the City's major arterial roads,
within which no parking may be installed. Several of the POC
zoning districts are located along those roads, and would be
subject to those requirements.
In the GC, I, and PC zoning districts, a ten (10) ft. landscaped
setback is required in the front yard adjacent to a
right-of-way. This standard would be sufficient for development
in the POC district as well. It would be appropriate to replace
the current supplemental district regulation with this standard.
POC Supplemental Requlation 4.4.15(G)(2) At least
twenty-five percent (25%) of the POC shall be in landscaped
areas excluding landscaping which is required within and
around parking areas.
As with the first regulation, most of the other non-residential
districts in the City, including those which allow more intense
uses, are governed by a less stringent open space requirement
than that of the POC. Within all of the commercial and
industrial zones, there is a requirement that 25% of a site be
maintained in open space. However, the landscaping within and
around vehicular areas may be counted toward that requirement.
Again, the result is an additional constraint in the POC
district which is not Justified by the type or intensity of the
allowable uses.
P&Z Staff Report: Agenda Item IV.G.3.
Meeting of September 21, 1992
Page 3
SITE PLAN REVIEW AND APPEARANCE BOARD
This item was considered by the Site Plan Review and Appearance
Board at its meeting of September 16, 192. The Board voted
unanimously to recommend that POC supplemental regulation
4.4.15(G)(1) be replaced with the language in the Section
4.4.9(H)(1) of the GC zoning district, which requires a 10 ft.
landscaped front yard (see exact language below). The Board
also voted unanimously to recommend that POC supplemental
regulation 4.4.15(G)(2) be deleted.
RECOMMENDED ACTION:
By motion, recommend to the City Commission that the special
supplemental district regulations of the POC zoning district
Section 4.15.G.(2) be deleted from the LDRs, and that Section
4.4.15(G)(1) be amended to read as follows:
(G)(1) The first ten feet of the front yard setback which
is adjacent to a right-of-way shall be a landscaped area.
Within this area, no paving shall be allowed except for
driveways and walkways which shall be generally
perpendicular to the property line.
Attachments:
* Draft ordinance language
Report prepared by: Diane Dominguez, Planner III
Reviewed by DJK on: c~-~'~-~7__
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: i.~CITY MANAGER
SUBJECT: AGENDA ITEM % /~ - MEETING OF SEPTEMBER 22. 1992
ORDINANCE NO. 48-92
DATE: September 18, 1992
This is the first reading of an ordinance amending the Land
Development Regulations by amending Section 4.4.15 "Planned Office
Center (POC) District", Subsection (G), "Supplemental District
Regulations", to provide that the first ten feet of the front yard
setback adjacent to a right-of-way shall be a landscape area.
This subject was raised by the Site Plan Review and Appearance Board
during review of the preliminary development plans for the South
County Professional Office Center on S. Military Trail.
The Planning and Zoning Board will consider this item at their
September 21st meeting. A report will be made of the Board's findings
and recommendations at Tuesday evening's meeting. A detailed staff
report is attached as backup material for this item.
Recommend approval of Ordinance No. 48-92 on first reading, subject to
the findings and recommendations of the Planning and Zoning Board.
PLANNING AND ZONING BOARD MEMORANDUM
TO: MAYOR AND CITY COMMISSION MEMBERS
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
DATE: SEPTEMBER 22, 1992
SUBJECT: PLANNING AND ZONING BOARD ACTIONS ON ITEMS BEFORE THE
CITY COMMISSION ON THIS EVENING'S AGENDA
At last night's Planning and Zoning Board meeting consideration'
was given to several items which are before the Board this
evening. These items and the Board's action is as follows:
Commission Agenda Itemsf Group 8f Consent Agenda
J. Re: Opposition to Amendment to Broward County Trafficways
Plan and Request to Palm Beach County BOCC re University
Parkway
* Per staff recommendation, 7-0 vote.
Commission Agenda Items~ Group 9, Regular Agenda
F. Submission Requirements re Waterford SAD
* Agreement was reached. There will be no further
appeal. THIS ITEM SHOULD BE DELETED FROM THE AGENDA.
Commission Agenda Items~ Group 12~ First Readings of Ordinances:
Ordinance 47-92~ Changes to SAD District Regulations and
accommodation of a new expiration date for Marina Cay (8/95).
* Recommendation of Approval on a 4-3 vote
(Currie, Beer, Kiselewski dissenting)
To: Mayor and City Commission Members
Re: Planning and Zoning Board Actions on Items
Before the City Commission on this Evening's Agenda
September 22, 1992
Page 2
Ordinances 49-92 & 50-92: FLUM Amendment and Rezoning on a
portion of public land (Veterans Park parking lot) to
accommodate an outside,deck at Atlantic Plaza.
* Recommendation of DENIAL on a 5-2 vote (Felner and
Currie dissenting)
Ordinance 46-92: Rezoning from PC to CG, Linton International
Plaza
* Recommended APPROVAL on a 6-1 vote, (Kellerman
dissenting)
Ordinance 45-92: Rezoning from RM to R-l-AA, Ocean Cay Plat
* Recommended APPROVAL on a 7-0 vote.
Ordinance 48-92: Text (LDR) Amendment re POC Supplemental
District Regulations
* Recommended APPROVAL on a 7-0 vote.
DJK/cm
C:
City Manager
City Clerk
DJK/T:CCINFORM.DOC
ORDINANCE NO. 48-92
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 4.4.15, "PLAiNNED OFFICE
CENTER (POC) DISTRICT", SUBSECTION (G),
"SUPPLEMENTAL DISTRICT REGULATIONS", TO PROVIDE
THAT THE FIRST TEN FEET OF THE FRONT YARD SETBACK
ADJACENT TO A RIGHT-OF-WAY SHALL BE A LANDSCAPED
AREA; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
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",
Article 4.4, "Base Zoning District", Section 4.4.15, "Planned
Office Center (POC) District", Subsection (G), "Supplemental
District Regulations", of the Land Development Regulations of the
City of Delray Beach, Florida, be, and the same is hereby amended
to read as follows:
(G) Supplemental District Regulations: The
supplemental district regulations as set forth in
Article 4.6 shall apply except as modified by, or
added to, as follows:
~~/~/f~//~/~//~ The first
ten (10) feet of the front ~ard setback which is
adjacent to'a ri~ht-of-way shall be a landscaped
area. Within this area, no pavin~ shall be
allowed except for access drives and pedestrian
ways which should be generally perpendicular to
the property lines.
Section 2. That all ordinances or parts of ordinances
which are in conflict herewith 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 effect 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 on second and final reading on this
the day of , 1992.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
CITY COMMISSION DOCUMENTAT I ON
TO: DAVID T. HARDEN~CITY MANAGER
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 22, 1992
LDR Text Amendment Re Chanqes to Special Development
Requirements in the POC Zone District.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an Ordinance which modifies
the special supplemental district regulations for the
POC Zone District
BACKGROUND:
This subject was raised by SPRAB during review of preliminary
development plans for the South County Professional Office
Center on S. Military Trail. Please see the attached Planning
and Zoning Board staff report for details.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board will formally review this item at
its meeting of Monday, September 21st. In order to accommodate
expedient processing of the final site plan and since further
review can be accommodated at second reading, the item has been
placed on this agenda.
RECOMMENDED ACTION:
Approval on first reading.
Attachment:
* P&Z Staff Report & Documentation of September 21, 1992
DJK/CCPOC.DOC
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: SEPTEMBER 21, 1992
AGENDA ITEM: IV.G.3. TEXT AMENDMENT DELETING AND AMENDING
SPECIAL SUPPLEMENTAL DISTRICT REGULATIONS WITHIN
THE POC (PLANNED OFFICE CENTER) ZONING DISTRICT
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation to the City Commission on a proposed text
amendment deleting and amending special supplemental
district regulations in the POC (Planned Office Center)
zoning district [Section 4.4.15(G)(1) and (2)].
BACKGROUND:
This amendment is being proposed by the Site Plan Review and
Appearance Board following the initial review of the site plan
for Phase II of the South County Professional Office Center.
This site plan is only the second project to be proposed for
development within a POC zoned district. Other sites in the City
which are zoned POC, such as Congress Park, the Atrium Center,
and Delray Shores, were actually developed under previous zoning
classifications. The POC zone replaced the former POI zone in
1985, and was subsequently applied to those POI sites. "The
Commons" on West Atlantic has been approved per POC standards.
The POC zoning district provides for the concentration of office
and support uses which are developed and managed under unified
control. It is generally intended for relatively large scale
developments on sites having three or more acres.
The POC zoning requires a 30 ft. front and street side setback,
and a 10 ft. rear and interior side setback. The supplemental
regulations within the district require that those setbacks be
landscaped; that is, parking and other surface improvements may
not be installed within those areas. The supplemental
regulations also require that at least 25% of the entire site be
provided in landscaped areas, over and above the required
landscaping within and around parking areas. Both of these
regulations are more stringent than the requirements of most of
the City's other non-residential districts, including GC
(General Commercial), PC (Planned Commercial), MIC (Mixed
Industrial and Commercial), and I (Industrial). An analysis of
the supplemental regulations is provided below.
P&Z Staff Report: Agenda Item IV.G.3.
Meeting of September 21, 1992
Page 2
ANALYSIS:
POC Supplemental Regulation 4.4.15(G)(1) All required
setback areas shall be landscaped except for area devoted
to access drives and pedestrian ways which should be
generally perpendicular to the property lines.
The effect of this provision is to prohibit parking within the
front, rear, or side setbacks, which places significant design
constraints on a site. While it is desirable to have large
landscaped buffers surrounding commercial and office buildings,
this requirement is more restrictive than what is needed for the
types of development permitted in the POC district. The uses
allowed (i.e. medical, professional, financial offices) are of
the type and intensity that would be adequately buffered by the
existing regulations in the City's landscape ordinance. That
ordinance requires that all parking areas be surrounded by a
five (5) ft. landscape buffer which must include hedges and
trees. In addition to the landscape ordinance, there are
special setbacks required along the City's major arterial roads,
within which no parking may be installed. Several of the POC
zoning districts are located along those roads, and would be
subject to those requirements.
In the GC, I, and PC zoning districts, a ten (10) ft. landscaped
setback is required in the front yard adjacent to a
right-of-way. This standard would be sufficient for development
in the POC district as well. It would be appropriate to replace
the current supplemental district regulation with this standard.
POC Supplemental Regulation 4.4.15(G)(2) At least
twenty-five percent (25%) of the P0C shall be in landscaped
areas excluding landscaping which is required within and
around parking areas.
As with the first regulation, most of the other non-residential
districts in the City, including those which allow more intense
uses, are governed by a less stringent open space requirement
than that of the POC. Within all of the commercial and
industrial zones, there is a requirement that 25% of a site be
maintained in open space. However, the landscaping within and
around vehicular areas may be counted toward that requirement.
Again, the result is an additional constraint in the POC
district which is not justified by the type or intensity of the
allowable uses.
P&Z Staff Report: Agenda Item IV.G.3.
Meeting of September 21, 1992
Page 3
SITE PLAN REVIEW AND APPEARANCE BOARD
This item was considered by the Site Plan Review and Appearance
Board at its meeting of September 16, 192. The Board voted
unanimously to recommend that POC supplemental regulation
4.4.15(G)(1) be replaced with the language in the Section
4.4.9(H)(1) of the GC zoning district, which requires a 10 ft.
landscaped front yard (see exact language below). The Board
also voted unanimously to recommend that POC supplemental
regulation 4.4.15(G)(2) be deleted.
RECOMMENDED ACTION:
By motion, recommend to the City Commission that the special
supplemental district regulations of the POC zoning district
Section 4.15.G.(2) be deleted from the LDRs, and that Section
4.4.15(G)(1) be amended to read as follows:
(G)(1) The first ten feet of the front yard setback which
is adjacent to a right-of-way shall be a landscaped area.
Within this area, no paving shall be allowed except for
driveways and walkways which shall be generally
perpendicular to the property line.
Attachments:
* Draft ordinance language
Report prepared by: Diane Dominguez, Planner III
Reviewed by DJK on:
TEXT AMENDMENT TO
POC SUPPLEMENTAL DISTRICT REGULATIONS
S_Section 4.4.15
(G) SupDlemental District Regulations: The supplemental
district regulations as set forth in Article 4.6 shall apply
except as modified by, or added to, as follows:
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