§ 47-13.20. Downtown RAC review process and special regulations.

A.

Applicability. The following regulations shall apply to those uses permitted within the Downtown RAC district, as shown on the List of Permitted and Conditional Uses, Sections 47-13.10 to 47-13.14.

B.

Density. The permitted density within the Downtown RAC is provided in the City of Fort Lauderdale Comprehensive Plan, Permitted Land Uses, as amended from time to time, and per Section 47-28, Flexibility Rules, and any other applicable provisions in the Unified Land Development Regulations.

1.

Allocation of units.

a.

The department shall review development permits to ensure compliance with the maximum number of dwelling units.

b.

Unit allocation shall be on a first come, first served basis and allocated at the time of site plan approval.

c.

Upon expiration of approved site plan, the unused density shall be returned to the density pool from which density was allocated.

2.

1989 Density. Regulations for the assignment of the five thousand one hundred (5,100) dwelling units allocated by the 1989 Comprehensive Plan are provided in Section 47-13.20.C through Section 47-13.20.0.

3.

Post 2003 Units. Dwelling units in excess of the five thousand one hundred (5,100) in the Downtown RAC, as certified by amendments to the Comprehensive Plan, shall be allocated in accordance with the following:

a.

Application and Review Process. A development application shall be submitted to the department as provided in ULDR, Section 47-24.1.

b.

Criteria. An application for a development permit requesting the allocation of Post 2003 units shall be reviewed for compliance with the ULDR regulations, as applicable to the proposed development, and shall meet the Downtown Master Plan ("DMP") design guidelines or has proposed alternative designs which meet the intent of the DMP. In the event compliance with the ULDR would not permit consistency with the design guidelines, the design guidelines shall govern.

c.

Effective date. The development permit shall not take effect until the 30-day city commission request for review has expired. Effective date shall be the 30-day expiration.

C.

General design. Development in any RAC district is subject to the following standards:

1.

First floor exterior walls parallel to public rights-of-way. First floor exterior walls parallel to any public rights-of-way within RAC districts shall not be permitted to extend for more than20 feet, unless such walls contain windows, doors, recesses of four feet or more, or other transparent or decorative elements.

2.

Roof lines. Roof lines within the RAC-CC and RAC-AS districts shall be designed with sloping roofs or stepped roof forms. Flat roofs may be permitted, but must have a parapet facing any street front. Mechanical roof-top equipment must be screened from all grade-level views within any RAC district.

3.

Design criteria. Within all RAC districts principal structures shall provide a minimum of four of the following architectural features: variation in rooflines, terracing, cantilevering, angling, balconies, arcades, cornices, architectural ornamentation, color and material banding, or courtyards, plazas or landscaped areas which encourage pedestrian interaction between the development site and public areas. Every façade of a principal structure shall contain at least three of the above architectural features.

4.

Density in the RAC-TMU District. Building sites within the RAC-TMU shall be eligible to apply for additional dwelling units above 25 dwelling units per net acre, subject to the review criteria as provided in Section 47-25.3, Neighborhood Compatibility.

5.

RAC fencing. Within the RAC districts, chain-link fencing shall not be permitted along any pedestrian priority or image street. In all other areas of the RAC, any chain-link fencing shall be black or green vinyl coated. Temporary fencing may be permitted pursuant to Section 47-19.5.

6.

The provisions of this subsection C shall not apply to an existing structure in existence on the effective date (June 28, 1997) of the ULDR unless such structures are voluntarily demolished by more than fifty percent (50%) of the total gross floor area of the building or more than fifty percent (50%) of its replacement value.

D.

Parking regulations.

1.

Off-street parking regulations are as provided in Section 47-20, parking and loading requirements, except as provided herein:

a.

RAC-CC and RAC-AS districts. Development within the RAC-CC and RAC-AS districts shall be exempt from providing off-street parking requirements, except for a nonresidential use on a parcel located within 100 feet of a parcel zoned RAC-UV, RAC-RPO, or RAC-TMU.

b.

RAC-UV, RAC-WMU, and RAC-RPO districts. RAC-UV, RAC-WMU and RAC-RPO district residential parking requirements are reduced from the general parking requirements as provided in Table 3, Section 47-20, Parking and Loading Requirements.

c.

Vehicular use area regulations. A vehicular use area within any RAC district constructed after the effective date (June 28, 1997) of the ULDR, shall not be located within 50 feet of a pedestrian priority or image street, or the seawall or high water mark of the New River, except as provided in subsection C.1.d. Curbcuts providing access to parking areas shall be located on streets other than pedestrian priority and image streets or on alleys, except where a property only has access from a pedestrian priority or image street, or it is determined based on a traffic study that access from a pedestrian priority street or image street is necessary for safe and efficient vehicular and pedestrian circulation.

d.

A vehicular use area that is either:

i.

On a parcel within the RAC-TMU district; or

ii.

That is less than one hundred twenty-five (125) feet in depth; or

iii.

Less than fifteen thousand (15,000) square feet in area; or

iv.

Is located along Federal Highway;

need only provide a minimum of a20 foot setback from pedestrian priority or image streets, or from the seawall or high water mark of the New River.

2.

Parking garage. The minimum design standards for a parking garage are:

a.

Sloped garage ramps facing and within 100 feet of pedestrian priority and image streets and the seawall or high water mark of the New River shall have ornamental grating or other architectural features which screen the sloped ramp from view from the pedestrian priority and image street.

b.

Parked vehicles shall be screened from view from abutting public rights-of-way, excluding alleys. Screening may be provided by intervening buildings, architectural detailing such as ornamental grating, or landscaping.

c.

Pedestrian walkways shall be provided between a parking garage and any principal or accessory building it serves and to abutting public spaces.

d.

A parking garage shall meet the following architectural guidelines:

i.

When a parking garage is provided for a principal structure on the same plot, the design of the parking garage shall complement and contain architectural features consistent with the principal structure, or

ii.

When a parking garage is the principal use on a plot, it shall be designed so that the uppermost parapet or roof of the parking garage contains elevational changes averaging at least three feet in height and ten feet in length every 50 horizontal feet or less.

E.

Open space for residential uses. For development in the RAC districts, except for RAC-CC, open space shall be required for residential uses. Open space, for the purposes of this section, shall include all areas on the site not covered by structures, other than covered arcades, or not covered by vehicular use area. Covered arcades with a minimum width of ten feet and at least one side open to a street shall be credited towards open space requirements. The required open space shall include seating and shade provided by trees, canopies, or other unenclosed shade structures. A minimum of fifty percent (50%) of the required open space shall be in landscaping. At least forty percent (40%) of the required open space shall be provided at-grade and the remaining open space shall be accessible to individual residential units or through a common area, or both. The total amount of open space required shall be calculated based on the size and density of the development, as follows:

1.

For developments of 50 residential units or less, or developments of 25 dwelling units per acre or less density: A minimum of 200 square feet of open space per unit;

2.

For developments of between fifty-one (51) and one hundred fifty (150) residential units, or developments of greater than 25 dwelling units per acre and up to 60 dwelling units per acre density: A minimum of one hundred fifty (150) square feet of open space per unit;

3.

For developments of more than one hundred fifty (150) residential units, or developments of greater than 60 dwelling units per acre density: A minimum of 100 square feet of open space per unit;

4.

For developments which fall into more than one of the above categories, the lesser open space requirement shall apply.

F.

RAC landscape requirements. Surface parking lots within the RAC district shall meet the landscape requirements for vehicular use areas as specified in Section 47-21, Landscaping and Tree Preservation Requirements.

G.

Signs. Sign requirements are:

1.

Downtown RAC district signs shall be as permitted in the central beach area zoning district pursuant to Section 47-22.4.C.13, except that message center signs and time and temperature signs shall be permitted, as provided in Section 47-22, Sign Requirements.

2.

Amortization period. All signs in the RAC zoning districts shall comply with these sign code provisions within five years of the effective date (June 28, 1997) of the ULDR.

H.

Street and waterway treatment. There are hereby identified streets and a waterfront corridor located within the downtown RAC which are currently accommodating, or are intended to accommodate, intensive pedestrian traffic, or which serve as major pedestrian streets and major vehicular entryways, or major gateways into the downtown, and which will, therefore, require adjacent development to accommodate said pedestrian and vehicular usage and aesthetic considerations. The streets and waterfront corridor are identified below:

1.

Pedestrian priority streets.

a.

Las Olas Boulevard, from Brickell Ave. to the east RAC boundary.

b.

Brickell Avenue, from Las Olas Blvd. to S.W. 2nd Street.

c.

S.W. 2nd Street, from Brickell Ave., West to S.W. 7th Ave.

d.

Andrews Avenue, from Broward Blvd. to Las Olas Blvd.

e.

S.E. 6th Street, from Andrews Ave. to S.E. 3rd Ave.

f.

S.E. 5th Avenue from Las Olas Blvd. to the New River.

Special regulations for pedestrian priority streets are provided in subsection H.

2.

Image streets.

a.

N.E./N.W. 6th Street (Sistrunk Boulevard), from the FEC rail line to Federal Highway.

b.

N.E./S.E. 3rd Avenue from N.E. 6th Street to S.E. 6th Street.

c.

Andrews Ave. from Flagler Dr. to Broward Blvd. and from Las Olas Blvd. South to RAC boundary.

d.

Broward Boulevard from S.W./N.W. 7th Avenue to N.E./S.E. 8th Avenue.

e.

Federal Highway from N.E. 6th Street to S.E. 2nd Street.

Special regulations for image streets are provided in subsection I.

3.

New River waterfront corridor. Special regulations for the New River waterfront corridor are provided in subsection J.

4.

All other RAC streets. All streets other than those included as pedestrian priority and image streets within the boundaries of the downtown RAC. Special regulations for these streets are provided in subsection K.

I.

Pedestrian priority streets. Development of property located abutting pedestrian priority streets shall meet the following requirements:

1.

Building frontage setback requirement.

a.

A minimum of seventy-five percent (75%) of the linear frontage of a parcel along the pedestrian priority street shall be occupied by a ground floor building wall located ten feet from the front property line. All other portions of the building shall be located a minimum of five feet from the property line, except as provided for in subsection H.9. Support columns may be located in the ten foot ground floor setback, provided their combined width does not exceed twenty-five percent (25%) of the linear dimension of the front building wall. The minimum linear frontage and ten foot ground floor building wall requirement of this subsection shall not apply to automotive service stations where allowed within the RAC or to development along Federal Highway, but the requirement of subsection K.1.a shall apply.

b.

Modification of building frontage setback requirements within the RAC-TMU district. Building frontage setback requirements for the RAC-TMU may be modified by the DRC to require greater setbacks above those specified in subsection H.1.a, subject to the review criteria as provided in Section 47-25.3, Neighborhood Compatibility, as provided in Section 47-25.3.A.3.e.iii. Setbacks may also be modified by the DRC for building sites within the RAC-TMU that apply for additional dwelling units above 25 dwelling units per net acre, and shall also be subject to the review criteria as provided in Section 47-25.3, as provided in Section 47-25.3.A.3.e.ii.

2.

General stepback and setback requirements. Portions of the structure located more than nine feet above the sidewalk shall be subject to the stepbacks as required in subsection H.9. Non-load-bearing walls or fences of no greater than forty-two (42) inches in height may be permitted in the setback or stepback areas. An increase in the setbacks may be required for pedestrian amenities, such as public plazas as defined in Section 47-9, X district, pedestrian entries, outdoor dining areas and similar public use areas, or landscaping, as approved by the DRC.

3.

First floor uses. A minimum of seventy-five percent (75%) of the building front along a pedestrian priority street required as provided in subsection H.1.a for a depth of at least20 feet from the building front shall be used for retail sales, retail banking, residential uses, food and beverage, commercial recreation, governmental facility, service use (not including professional office), public museum or art gallery, or other public cultural facility accessible to the public and occupants of the building in which the use is located.

4.

First floor transparency. A minimum of thirty-five percent (35%) of the first floor façade of a building along a pedestrian priority street shall utilize transparent elements, such as windows, doors, and other fenestration.

5.

Awnings, canopies, arcades. Awnings, canopies or arcades shall be required over all doors, windows and other transparent elements provided to satisfy the provisions of subsection H.4, along a pedestrian priority street. The height of the awnings, canopies or arcades shall be between eight feet and 12 feet, and shall be a minimum of four feet in depth. Such elements shall not be subject to the ten foot setback requirement identified in subsection H.1.a.

6.

Cornice. A cornice shall be provided on the side of a building along a pedestrian priority street at a minimum of 12 feet above the sidewalk or at a height similar to the cornice on an abutting property, but in no case shall the cornice exceed thirty-five (35) feet or two floor levels whichever is less in height.

7.

Street trees. Street trees as defined by Section 47-21.2, Landscaping and Tree Preservation, shall be provided as follows:

a.

Shade trees shall be provided at least every 40 lineal feet along the area fronting the pedestrian priority street. Palm trees or ornamental trees may be permitted when existing or proposed physical conditions may prevent the proper growth of the shade tree, as determined by the DRC, at least every20 lineal feet along the frontage. All trees shall satisfy the following standards at the time of planting:

i.

Shade trees: Minimum 14 feet height and eight foot spread, with minimum six foot ground clearance.

ii.

Palm trees: Minimum18 foot height, with a minimum of eight feet of wood.

iii.

Ornamental trees: Minimum 12 feet in height and six foot spread, with a minimum six foot ground clearance.

b.

Root zone and pervious surface areas shall be provided as follows:

i.

Areca, Carpenteria, Cocothrinax, Phychospermia, Rhapis, Sabal, and Washingtonia: No less than nine square feet of pervious surface area and no dimension less than three feet.

ii.

All other shade or ornamental: No less than sixty-four (64) square feet of pervious surface area and no dimension less than eight feet.

iii.

All other palm types: No less than 25 square feet of pervious surface area and no dimension less than five feet.

Pervious surface area, for purposes of this requirement, may be provided through open planting beds, tree grates, sand-set pavers, or any combination thereof.

c.

The DRC may permit alternative landscape treatment along the frontage of a pedestrian priority street where pedestrian entries to plazas or principal structures are provided. Specimen palm plantings or other landscape design treatments may be installed to complement the architectural design of the structure or plaza in lieu of shade trees, limited to no more than fifty percent (50%) of the plot frontage on a pedestrian priority street.

8.

Location of street trees. The requirements for street trees, as provided herein, may be located within the public right-of-way, as approved by the entity with jurisdiction over the abutting right-of-way.

9.

Building step-backs. Step-backs shall be provided in a building to provide for air and light at the street level on the side of a building along a pedestrian priority street as follows:

a.

At the cornice required by subsection H.6 (between 12 feet and thirty-five (35) feet), a step-back of at least ten feet.

b.

At a level between the 4th and 10th floors, an additional step-back of at least ten feet, or multiple step-backs which total a minimum of at least ten feet.

c.

In lieu of strict application of subsections H.9.a and b, an applicant may propose an alternative design which satisfies the intent of providing air and light at the street level, subject to review and approval of the DRC.

10.

New buildings, additions to existing buildings or any development of a site on a parcel located on one or more pedestrian priority street(s) or image street(s), must meet all of the ULDR requirements applicable to one of such streets, and all of the requirements of any of the other streets when the development is within 50 feet of the edge of the street closest to the development; however, the requirement for a ground floor building wall along seventy-five percent (75%) of the linear frontage of the parcel (subsection H.1.a) may be provided in phases in accordance with an approved site plan. These requirements shall not apply to buildings or additions with less than 500 square feet of floor area; however, in all cases, regardless of the size and type of development, the street tree requirements of subsection H.7 shall apply to all pedestrian priority and image streets.

11.

The provisions of this subsection H shall not apply to structures in existence on the effective date (June 28, 1997) of the ULDR unless such structures are voluntarily demolished by more than fifty percent (50%) of the total gross floor area of the building or more than fifty percent (50%) of its replacement value.

J.

Image streets. Development of property located abutting image streets shall satisfy the following regulations:

1.

Building frontage setback requirement. As provided in subsection H.1.

2.

General stepback and setback requirements. As provided in subsection H.2.

3.

First floor transparency. As provided in subsection H.4.

4.

Awnings, canopies, arcades. As provided in subsection H.5.

5.

Cornice. As provided in subsection H.6.

6.

Street trees. As provided in subsection H.7.

7.

Location of street trees. As provided in subsection H.8.

8.

Building step-backs. As provided in subsection H.9.

9.

New buildings, additions to existing buildings or any development of a site on a parcel located on one or more pedestrian priority street(s) or image street(s), must meet all of the ULDR requirements applicable to one of such streets, and all of the requirements of any of the other streets if the development is within 50 feet of the edge of the street closest to the development; however, the requirement for a ground floor building wall along seventy-five (75%) of the linear frontage of the parcel (subsection H.1.a) may be provided in phases in accordance with an approved site plan. These requirements shall not apply to buildings or additions with less than 500 square feet of floor area; however, in all cases, regardless of the size and type of development, the street tree requirements of subsection H.7 shall apply to all pedestrian priority and image streets.

10.

The provisions of this subsection I shall not apply to an existing structure in existence on the date of adoption of the ULDR unless such structures are voluntarily demolished by more than fifty percent (50%) of the total gross floor area of the building or more than fifty percent (50%) of its replacement value.

K.

New River Waterfront Corridor. Except in the RAC-TMU zoning district as provided in subsection J.3., development on parcels located within 100 feet of the New River shall be reviewed pursuant to the process for a site plan level IV development permit (section 47-24.2) without planning and zoning board review, and shall be required to meet the following regulations:

1.

Within the RAC-CC and RAC-AS districts a principal structure shall provide a minimum 60 foot setback from the seawall or the high water mark of the river's edge if no seawall exists, or less if the existing right-of-way or easement is less than 60 feet in width, but in no case shall there be less than a forty-five (45) foot setback, except for the following:

a.

A residential use or marine-related use as specified in sections 47-13.10 and 47-13.11, Boats, Watercraft and Marinas, that have portions of structures devoted to those uses that are no higher than thirty-five (35) feet in height may encroach within the setback specified above, but shall in no case be less than20 feet from the seawall or the high water mark, if no seawall exists.

If the minimum or greater setbacks specified in subsection J.1. are provided, the development plan shall be reviewed giving consideration to the location, size, height, design, character and ground floor utilization of any structure or use, including appurtenances; access and circulation for vehicles and pedestrians, streets, open spaces, relationship to adjacent property, proximity to New River and other factors conducive to development and preservation of a high quality downtown regional activity center district. No approval shall be given to the setbacks shown on the development plan unless a determination is made that the setbacks conform to all applicable provisions of the ULDR, including the requirements of section 47-13, Downtown Regional Activity Center Districts, that the safety and convenience of the public are properly provided for and that adequate protection and separation are provided for contiguous property and other property in the vicinity. Approval of the setbacks of a development plan may be conditioned by imposing one or more setback requirements exceeding the minimum requirements.

b.

Within the RAC-CC and RAC-AS districts, structures may provide less than the minimum setback specified in subsection J.1., above or exceed the thirty-five (35) foot height limitation, as specified above, if approved in accordance with the requirements of a site plan level IV development permit, (Section 47-24.2) without planning and zoning board review, subject to the review criteria as provided in Section 47-25.3, Neighborhood Compatibility, as provided in Section 47-25.3.A.3.e.iii, and the following additional criteria and limitations are met:

i.

Principal structures shall provide a minimum of one or more setbacks totaling a minimum of20 feet, between a height of 12 feet and fifty-five (55) feet.

ii.

No portion of a structure in excess of thirty-five (35) feet in height shall encroach upon a 1:1 height-to-setback plane, as measured from a line20 feet from the seawall or high water mark, if no seawall exists, up to a height of ninety-five (95) feet. Portions of structures above ninety-five (95) feet in height may proceed vertically without additional setback, subject to the provisions of subsection J.2.c.

iii.

Principal structures shall also provide a minimum of five of the following architectural features: variation in rooflines, terracing, cantilevering, angling, balconies, arcades, cornices, architectural ornamentation, color and material banding, or courtyards, plazas or landscaped areas which encourage pedestrian interaction between the development site and the New River.

2.

Additional criteria.

a.

Within the RAC-CC and RAC-AS districts only, when the development is located along North or South New River Drive or the Riverwalk Linear Park, it shall comply with regulations for Pedestrian Priority Streets, Section 47-13.4.G, whereby reference to "pedestrian priority street" shall apply to the New River Waterfront Corridor.

b.

Within the RAC-CC district only, all principal structures located on the south side of the New River shall provide a minimum setback as required so as to not produce a shadow pattern that shadows a point on the river's edge for more than four hours between the hours of 9:00 a.m. and 4:00 p.m. on March 21 (spring equinox).

c.

Within the RAC-CC district only, ground level design and amenities shall functionally and visually coordinate with and complement existing public improvements along the New River adjacent or abutting the development site, including pedestrian access and landscaping.

3.

Within the RAC-TMU district only, any structure shall provide minimum setbacks from the seawall or high water mark of the river's edge, if no seawall exists, as approved pursuant to Site Plan Level III development permit, Section 47-24.2, subject to the review criteria as provided in Section 47-25.3, Neighborhood Compatibility, as provided in Section 47-25.3.A.3.e.iii.

L.

All other RAC district streets. Development of property located abutting all streets within the RAC districts other than pedestrian priority or image streets shall satisfy the following regulations:

1.

Setback.

a.

A minimum setback of five feet shall be provided from the property line along the street.

b.

Modification of setback requirements within the RAC-TMU district. Setback requirements for the RAC-TMU may be modified to require greater setbacks above those specified in subsection K.1.a, subject to approval of a Site Plan Level II permit and the review criteria provided in Section 47-25.3.A.3.e.iii, Neighborhood Compatibility. Setbacks may also be modified for building sites within the RAC-TMU that apply for additional dwelling units above 25 dwelling units per net acre, subject to approval of a Site Plan Level II permit and the review criteria as provided in Section 47-25.3.A.3.e.ii.

2.

Street trees. As provided in subsection H.7.

3.

Location of street trees. As provided in subsection H.8.

M.

Effect of other ULDR provisions. Unless otherwise provided in this Section 47-13, the provisions of the ULDR with general applicability to development within the city shall apply as requirements of the development of property within the district described in this Section 47-13. However, any provision of this Section 47-13 shall prevail to the extent of such conflict.

N.

[ Site Plan Level II. ]

1.

A Site Plan Level II approval of a development for which a site plan has been approved by the city commission, or which has been the subject of an agreement with the city shall not be final until 30 days after final DRC approval and then only if no motion is adopted by the city commission seeking to review the application pursuant to the process provided in Section 47-26.A.2 of the ULDR. The action of the DRC shall be final and effective after the expiration of the thirty-day period if no action is taken by the city commission.

2.

Approval of all other Site Plan Level II developments within the RAC shall not be final until 30 days after preliminary DRC approval and then only if no motion is adopted by the city commission seeking to review the application pursuant to the process provided in Section 47-26.A.2 of the ULDR. A motion seeking to review an application pursuant to this subsection 2, shall only be approved if it is found by the city commission that DRC has misapplied or failed to apply one or more requirements of the ULDR or the city's Comprehensive Plan in approving the application.

(Ord. No. C-97-19, § 1(47-13.4), 6-18-97; Ord. No. C-97-65, § 1, 12-16-97; Ord. No. C-99-7, § 1, 2-16-99; Ord. No. C-99-15, § 1, 3-16-99; Ord. No. C-99-20, § 2, 3-16-99; Ord. No. C-99-75, § 1, 12-21-99; Ord. No. C-99-76, § 5, 11-16-99; Ord. No. C-00-57, § 1, 10-17-00; Ord. No. C-01-17, § 2, 5-1-01; Ord. No. C-03-19, § 3, 4-22-03; Ord. No. C-04-4, § 3, 1-21-04; Ord. No. C-04-33, § 1, 7-7-04; Ord. No. C-07-101, § 1, 11-20-07; Ord. No. C-07-107, § 1, 12-4-07; Ord. No. C-13-16, § 1, 6-4-13 ; Ord. No. C-17-35 , § 1, 10-3-17)