TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: March 5, 2024
Title
ORDINANCE NO. 08-24: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH CODE OF ORDINANCES, CHAPTER 4, “ZONING REGULATIONS,” ARTICLE 4.4, “BASE ZONING DISTRICT,” SECTION 4.4.3, “SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS,” SECTION 4.4.5, “LOW DENSITY RESIDENTIAL (RL) DISTRICT,” AND SECTION 4.4.6, “MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT,” TO ADOPT FLOOR AREA RATIO AND BUILDING ARTICULATION REGULATIONS FOR RESIDENTIAL DEVELOPMENT EAST OF THE INTRACOASTAL WATERWAY; AMENDING APPENDIX A, “DEFINITIONS,” TO ADOPT DEFINITIONS FOR HORIZONTAL ARTICULATION AND STEP-BACK; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND PROVIDING AN EFFECTIVE DATE. (SECOND READING/PUBLIC HEARING)
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Recommended Action:
Recommendation
Consider Ordinance No. 08-24, a City-initiated request to amend Land Development Regulations (LDR) Section 4.4.3, “Single Family Residential (R-1) Districts,” Section 4.4.5, “Low Density Residential (RL) District,” Section 4.4.6, “Medium Density Residential (RM) District” to adopt floor area ratio and building articulation regulations for single family, duplex, and multi-family development property east of the Intracoastal Waterway; and amending Appendix A, “Definitions,” to adopt associated definitions.
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Background:
At the City Commission Workshop meeting of January 10, 2023, the City Commission directed Staff to develop regulations to govern residential development east of the Intracoastal Way. Demands for home sizes and architecture have changed since these neighborhoods initially developed, and there are concerns that new development is incompatible with existing development. The intent of the regulations is not to eliminate certain styles, but to adopt massing and bulk controls and design standards, so that infill housing is constructed in a form compatible with existing neighborhoods. Of particular concern is the overall bulk of new development, as well as unornamented, flush side and rear walls that present a stark contrast with neighboring properties.
Ordinance No. 08-24 proposes the following policy changes applicable to residential development in residential zoning districts east of the Intracoastal Waterway:
1. Floor Area Ratio (FAR) of 0.65 for single family homes, 0.70 for multi-family homes with a lot size of less than 30,000 square feet, and 0.75 for multi-family homes on lots greater than 30,000 square feet.
2. For properties not subject to the Beach Property Owners Design Manual, the following regulations will apply:
- A 5-foot step-back must be provided above the second story and/or 26 feet of height, whichever is less, on the rear, side street, and side interior elevations.
- Building facades that exceed 25 feet in length above the first story facing side interior and rear lot lines shall provide at least one horizontal articulation at least 2 feet in depth for a combined minimum of 20 percent of the length of building elevation(s)
3. Properties within the North Beach/Seagate and Ocean Overlay Districts will remain subject to the adopted Beach Property Owners Design Manual, however, the new FAR requirements will also apply.
The attached Planning and Zoning Board (PZB) staff report describes the analysis process used by staff to evaluate appropriate FAR and building articulation requirements. PZB voted 4-0 to recommend approval of Ordinance No. 08-24 at their meeting on January 22, 2024.
City Attorney Review:
Ordinance No. 08-24 is approved as to form and legal sufficiency.
Funding Source/Financial Impact:
Not applicable.
Timing of Request:
Ordinance No. 08-24 will become effective immediately, if adopted.