File #: 19-351    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 3/14/2019 In control: City Commission
On agenda: 4/2/2019 Final action: 4/2/2019
Title: ORDINANCE NO. 02-19: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING SECTION 4.3.4 “BASE DISTRICT DEVELOPMENT STANDARDS”, BY AMENDING PARAGRAPH 4.3.4(J) “HEIGHT”, TO AMEND THE BASIS FOR BUILDING HEIGHT MEASUREMENT; AMENDING SECTION 4.6.2 “DISTANCE BETWEEN RESIDENTIAL BUILDINGS” TO AMEND THE BASIS FOR BUILDING HEIGHT MEASUREMENT; AND AMENDING APPENDIX A “DEFINITIONS” OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES TO ADD DEFINITIONS FOR “BASE FLOOD ELEVATION”, “BASE BUILDING ELEVATION”, AND “FREEBOARD”, AND TO REMOVE THE DEFINITION OF “GRADE”; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (FIRST READING)
Sponsors: Development Services Department
Attachments: 1. Agenda Cover Report, 2. Ordinance 02-19, 3. 02-19 PZB Staff Report
TO: Mayor and Commissioners
FROM: Timothy Stillings, Development Services Director
THROUGH: Neal de Jesus, Interim City Manager
DATE: April 2, 2019

Title
ORDINANCE NO. 02-19: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING SECTION 4.3.4 “BASE DISTRICT DEVELOPMENT STANDARDS”, BY AMENDING PARAGRAPH 4.3.4(J) “HEIGHT”, TO AMEND THE BASIS FOR BUILDING HEIGHT MEASUREMENT; AMENDING SECTION 4.6.2 “DISTANCE BETWEEN RESIDENTIAL BUILDINGS” TO AMEND THE BASIS FOR BUILDING HEIGHT MEASUREMENT; AND AMENDING APPENDIX A “DEFINITIONS” OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES TO ADD DEFINITIONS FOR “BASE FLOOD ELEVATION”, “BASE BUILDING ELEVATION”, AND “FREEBOARD”, AND TO REMOVE THE DEFINITION OF “GRADE”; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (FIRST READING)


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Recommended Action:
Recommendation
Motion to approve Ordinance No. 02-19, a City-initiated amendment Land Development Regulations, Section 4.3.4 “Base District Development Standards” and Section 4.6.2 “Distance between Residential Buildings” to amend the basis for building height measurement; and, amending Appendix A “Definitions” to add definitions for “Base Flood Elevation,” “Finished Grade Elevation,” and “Freeboard,” and to remove the definition of “Grade,” by adopting the findings of fact and law contained in the staff report and finding that the amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M).

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Background:
Ordinance No. 02-19 seeks to modify the current method for measuring building height to achieve the following:
· To not penalize properties within areas that require elevated finished floor heights by the Federal Emergency Management Agency (FEMA) and the Florida Building Code regulations, and
· To tak...

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