Ord 51-08ORDINANCE N0.51-08
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT I~:EGULATIONS OF THE CODE
OF ORDINANCES, BY AMENDING SECTION 4.3.4, "BASE
DISTRICT DEVELOPMENT STANDARDS", SUBSECTION
(J}, "HEIGHT", PARAGRAPH (4), "INCREASES TO
HEIGHT REGULATIONS", SUBPARAGRAPHS (b} (ii}, (iii}
AND (iv), "ALLOWANCES"; TO UPDATE THE
WORKFORCE HOUSING REGULATIONS REGARDING
HEIGHT INCREASES; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTNE
DATE,
WHEREAS, pursuant to LDR Section 1.1.fi, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on October 20, 2008, and voted G to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has detern:iined that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan; and
WHE~:EAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHER.~~,AS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the goals, policies, and objectives of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4,3,4, "Base District Development Standards", Subsection (J},
"Height", Paragraph (4}, "Increases to Height Regulations", Sub-Paragraphs (b}(ii), (b}(iii} and
(b}(iv), "Allowances" of the Land Development Regulations of the Code of Ordinances of the City
of Delray Beach, Florida, be and the same is hereby amended to read as follows:
{ii) That the increase in height will not provide far, nor accommodate, an increase in the
floor area (within. the structure) beyond that which could be accommodated by
development which adheres to a height limitation of 48 feet, except for the following
situations:
(1) An increase in ~i~y hem is allowed when the increase from 48 feet to 60
feet is for the purpose of accommodating residential use on the top floor of
the structure; however, the increase in h~t~ height is only for the added
residential use area. ,
(iii) Workforce housing units, equal to at least twenty, .-r~ercent 2~°la} of the residential
units on the top floor„ shall be provided within the development onsite, offsite, or
through monetary contributions as referenced in Article 4.7 {fractions shall be
rounded up}. The workforce housing units shall be at the low or moderate income
levels and shall comply with other applicable provisions of Article 4.7.
iv That the increase in height shall be allowed if two or more of subsections 4.3.4{J} iii
iv (1), (2) or (3) are met:
(1) That far each foot in height above 48 feet, an additional building setback of
two feet is provided from the building setback lines which would be
established fora 48-foot tall structure. The additional setback is required
from all setback liens (i.e., front, side, and rear) for the portion of the
building that extends above 48 feet. In lieu of this setback requirement,
buildings in the CBD zone shall adhere to the setback requirements of that
district;
{2) That a minimum of 50°fo of the ground floor building frontage consist of
nonresidential uses {excluding parking);
{3} That open areas, such as courtyards, plazas, and landscape setbacks, be
provided in order to add interest and provide relief from the building mass.
Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
flue. Na. sl-as
Section 6. That this ordinance shall become effective in~tnediately upon its passage on
second and final reading.
~ASSED AND ADOPTED in regular session on second and final reading on this the
day of ~~1t~("~~;k~.,_~, 208.
.~~
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I~fAYOR
ATTEST
-~.-
CITY CLERK
First Readin ~ ~ `-~~+
Second Readin ~~ ~ d~
3 QRI}. NC). 51-OS
MEMORANDUM
TO: Mayor and City Commissioners
FROM; David T. Harden, City Manager
DATE: November 10, 2Q0$
SUBJECT: AGENDA ITEM IO.A. -REGULAR COMMISSION MEETING QF NCIVEMBER I8, 2008
ORDINANCE NO. SI-08 (SECOND READINGISECOND PUBLIC HEARING)
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading and second public hearing amending Land
Development Regulations {LDR} Section 4.3,4, "Base District Development Standards", Subsection {J},
"Height", Paragraph {4}, "Increases to Height Regulations", Subparagraphs {b} {ii}, {iii} and {iv},
"Allowances"; to clarify the workforce housing requirements regarding height increases.
BACKGROUND
At first reading on November 3, X408, the Commission passed Ordinance No. S 1-08,
F~ECOMMENDATION
Recommend approval of Ordinance No. 51-08 on second and final reading.
°r
TO: Mayor and City Commissioners
FROM: PA[JL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING
THROUGH: DAVID T. HARDEN, CITY MANAGER
DATE: October 28, 2008
SUBJECT: AGENDA ITEM_1{}.C. -REGULAR COiV1iY1TS51(}N MEETING OF NC)VEMI3ER 3, 2008
fJRDINANCE NQ..51-08 {~'1RST REATIl'V(,'f?_1JtS'l_PUBLIC BEARING)
ITEM._$EF{~RE CQM_M__ISSIOI~1
Tl~e item before tl~e City Commission is approval of a City initiated amendment to Land Development
Regulations Section 4.3.4(J){4), clarifying the requirement to provide workforce housing units equal to
a minimum of 20% of the top floor residential units in order to qualify for conditiana] use approval for
increases in height.
BACKGRC?ITNI}
Requirements to pravide a workfarce component when requesting Conditional Use approval for
additional height (abave 48') was added in April, 2006 via Ordinance 16-06. This proposed LDR text
amendment is to clarify the anginal intent of those changes. Ordinance 16-06 required that to qualify
for any increase in height abave 48', workforce units equal to a minimum of 20% of the additional units
proposed an the top floor (above 48') were to be dedicated for workforce housing, subject to
requirements of LDR Section 4.7. These changes were codified under LDR Section 4.3.4(b)(ii)
(1). Recently, questions have been raised by a developer subject to the requirement as to w1~et17er t1~ey
must pravide workforce housing units. He has asserted that if tl~e maximum intensity is not proposed on
t1~e balance of the site (portion not seeking increases in height) that the workfarce requirement does not
apply. This interpretation was clearly not the intent of Ordinance 16-06. By restructuring the existing
language and separating the paragraph to put the workforce housing requirement in a stand alone
paragraph the original intent of the ordinance is clarified. In addition to the restructuring of the
language, an additional modification is recommended to pravide flexibility by allowing the provision of
bath law and moderate housing units while not mandating individual percentages.
REVIEW BY OTHERS
The amendment is corrective in nature and was not reviewed by either the Downtown Development
Authority (DDA) or the Community Redevelopment Agency (CRA). At their October 20, 2008
meeting, the Planning and Zoning Board voted 6 to 0 to recommend approval.
RECOMMENDATION
By motion, approve the amendrxaent to Land Development Regulations Section 4.3.4(J}{4}, on first
reading by adopting the findings of fact and law contained in the staff report, and finding that the text
amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set
forth in LDR Section 2.4.5(M}{5}.
ORDINANCE N0.51-~8
AN ORDINANCE OF THE CITY COI~~SSION OF THE
CITY OF DELRAY BEACH, FLORIDA, p~NDING THE
LAND DEVELOPZtir1ENT REGLTL.ATIONS OF TI-~ CODE
OF ORDINANCES, BY AMENDING SECTION 4.3.4, "BASE
DISTRICT DEVELOPMENT STANDARDS", SUBSECTION
~l}, "HEIGHT", PARAGF:AI'H (4}, "INCREASES TO
HEIGHT REGULATIONS", SUSPARAGZ<;APHS (b) (ii}, {iii}
AND {iv}, "ALLOWANCES"; TO UPDATE THE
WORKFORCE HOUSING REGLJ1aATIONS REGARDING
HEIGHT INCREASES; PROVIDING A SAVING CLAC.~SE, A
GEI`~IERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
UVi=3EREAS, pursuant to LDR Section 1.1.6, the Plar~rling and Zoning Board revie~n~d the
proposed text arnerrdrnent at a public hearing held on October 20, 20~~, and voted 6 to 0 to
recommend that the clraanges be approved; and
WI~REAS, pursuant to Florida Statute 163.3174{4)(c), the Planrrirlg and Zoning Board,
sittix-~g as the Local Planning Agency, has deternlined that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan; and
V1~f-IETZEAS, the City Cammi{~;sion of the City of Delray Beach adapts the findings in the
Planr7ing and Zoning Staff Report; and
WHEREAS, the City Cornrrlission of the City of Delray Beach finds the ordinance is
consistent with the goals, policies, and objectives of the Comprehensive Plarti
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COIti!IMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That tl~e recitations set forth above are incorporated herein.
Section 2. That Section 4.3.4, „Base District Development Standards", Subsection (J),
"Height", Paragraph (4), "Increases to Height Regulations", Sul~Paragrapltis (b}(ii}, {b)(iii} and
(b}{iv), "Allowances" of the Land Developrz~nt Regulations of the Code of Ordinances of the City
of Delray Beach, Florida, be and the same is hereby amended to read as follows:
(ii} That the increase :n height will not provide far, nor accommodate, an increase in the
floor area (within the structure) beyond that which could be accamrnodated by
development which adheres to a height limitation of 48 feet, except far the fallowing
situations:
(1 } An increase in ~tez~sit=y hei t is allowed when the increase froze 48 feet to 60
feet is for the purpose of accommodating residential use on the top floor of
the structure; however, the increase in ,~ hei t is only for the added
residential. use area. °
{iii} Workforce housing units, equal to at least twenfiT percent (20°l~} of the resid r
znuts on t11e toga floor, shall be provided within the development onsite offer site, or
levels and shall cozxualy with other applicable provisions of Article 4.7.
{~} iv TI-~at the increase in heigl-zt shall be allowed if taw or more of subsections 4.3.4Q}
iv (1}, (2} or {3} are met:
{1} That for each foot in height above 48 feet, an additioz~~l building setback of
two feet is provided from the building setback lines which would be
established fora 4$-foot tall structure. The additional. setback is required
from all setback liens (i.e., front, side, and rear} for the portion of the
building that extends above 48 feet. In lieu of tlvs setback requirement,
buildings in the CBD zone shall adhere to the setback requirements of that
district;
(2} That a zaai~nirnuzrz. of 5Q°1~ of the ground floor building frontage consist of
' nonresidential uses (excluding parking};
(3} That open arnas, such as cour~kYards, plazas, and landscape setbacks, be
provided in order to add interest and provide relief from the building mass.
Section 4. That should any section or provision of this ardiriance or any portion thereof,
any paragraph, sentence, or ward be declared by a court of competent juztisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
thaza the part declared to be invalid.
Section 5, That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed
Section b. That this ordinance shall become effective immediately upon its passage on
second and f~-~a] reading.
PASSED ~?~lD ADOPTED in regular session on second and final reading on this the
day of , 2008.
ATTEST
City Clerk
First Reading
Second Reading
MAYC}R
or{~. moo. s ~-os
PLANNING AND ZONING BOARD STAFF REPORT
MEETING DATE: October 20, 2008
AGENDA NO: IV. 3.
AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED AMENDMENT TO LAND
DEVELOPMENT REGULATIONS SECTION 4.3.4(J}(4} "HEIGHT" TO
CLARIFY REQUIREMENTS TO PROVIDE WORKFOCE HOUSING
WHEN SEEKING CONDITIONAL USE APPROVAL FOR INCREASES IN
HEIGHT.
ITEM BEFORE THE BOARD
The item before the Board is to make a recommendation to the City Commission regarding a
City initiated amendment to Land Development Regulations Section 4.3.4{,~}(4}, clarifying the
requirement to provide workforce housing units equal to a minimum of 20°1° of the tap floor
residential units in order to qualify for conditional use approval for increases in height.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
BACKGROUNDIANALYSIS
The FamilyNVorkforce Mousing Ordinance adopted by the City Commission on December 6,
20Q4, included incentives to provide workforce housing by allowing density bonuses within the
Southwest Neighborhood Overlay District. On April 4, 20(}6, the City Commission adopted
Ordinance No. 18-06, to expand the Program by providing additional opportunities and
incentives for the provision of workforce housing.
Requirements to provide a workforce component when requesting Conditional Use approval for
additional height (above 48'} was added in April, 2006 via Ordinance 16-06. This proposed LDR
text amendment is to clarify the original intent of those changes. Ordinance 16-06 required that
to qualify for any increase in height above 48', workforce units equal to a minimum of 20°l0 of the
additional units proposed on the top floor {above 48'} were to be dedicated for workforce
housing, subject to requirements of LDR Section 4.7. These changes were codified under LC}R
Section 4.3.4(b}(ii}{1}. Recently, questions have been raised by a developer subject to the
requirement as to whether they must provide workforce housing units. He has asserted that if
the maximum intensity is not proposed on the balance of the site (portion not seeking increases
in height} that the workforce requirement does not apply. This interpretation was clearly not the
intent of Ordinance 16-C}6. By restructuring the existing language and separating the paragraph
to put the workforce housing requirement in a stand alone paragraph the original intent of the
ordinance is clarified.
In addition to the restructuring of the language, an additional modification is recommended to
provide flexibility by allowing the provision of both low and moderate housing units while not
mandating individual percentages.
^ Applicant.
^ The unit will still be considered a Workforce Housing unit for the term of the rental term.
Planning and Zoning Board Meeting, October 20, 2008
LDR Amendment -Workforce Housing Increases in Height
REC2UIRED FINDINGS
LDR Section 2.4.5fM}f5) fFindings): Pursuant to LDR Section 2.4.5{M)(5) (Findings}, in
addition to LDR Section 1.'1.6r{A), the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
Comprehensive Plan Policies:
The goals, objectives and policies of the Comprehensive Plan were reviewed and the following
applicable objectives noted.
t}blective B-9
The City°s existing housing supply accommodates households having a wide range of economic
ability. There is very little vacant land left, especially large tracts, for new housing development.
Through its housing programs, the City shall work to ensure that there continues to be an
adequate supply of housing to accommodate very low, low, and moderate income households,
as well as manufactured and mobile homes.
Objective B-2
Redevelopment and the development of new land shall result in the provision of a variety of
housing types which shall continue to accommodate the diverse makeup of the City's
demographic profile, and meet the housing needs identified in this Element.
This amendment is consistent with these objectives of the Comprehensive Plan as it continues
the FamilylWorkforce Housing Program in the City. This provision provides clarification of the
original intent of Ordinance 16-06 of requiring a workforce component as a condition of
increased height. Based on the above, a positive finding can be made that the amendment is
consistent and furthers the Goals, Objectives, and Policies of the Comprehensive Plan.
REVIEW BY OTHERS ~~I
Courtesy Notices
Courtesy notices were provided to the following homeowner and civic associations:
^ Neighborhood Advisory Council
Letters of objection and support, if any, will be provided at the Planning and Zoning Board
meeting.
ASSESSMENT AND CONCLUSION
The purpose of this City initiated I-DR text amendment is to clarify the original intent that any
conditional use request for an increase in height must provide a minimum of 20% of the
additional units accommodated on the top floor as workforce units.
Planning and Zoning Board Meeting, October 20, 20(18
LC7R Amendment -Workforce Housing Increases in Neight
RECOMMENDED ACTION
Move a recommendation of approval to the City Commission for a City initiated amendment to
Land [~evelapment Regulations Section 4.3.4{J}{4}, by adopting the findings of fact and law
contained in the staff report, and finding that the text amendment and approval thereof is
consistent with the Comprehensive Plan and meets the criteria set forth in LdR Section
2.4.5{M}{5}.
Attachment:
^ Proposed Ordinance
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REGULATIONS T4 UPDAfE
THE WORKFORCE HOUSING
REGULATIONS REGARDING
HEIGHT INCREASES
The Ci#y Commission at the City of Delray Beach, Florida, proposes to adopt
the following ordinances:
ORDINANCE NO, 51.08 '~
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULA~
TIONS OF THE CODE OF ORDINANCES, 8Y AMENDING SECTION
4,3.4, "BASE DISTRICT DEVELOPMENT STANDARDS", SUBSECTION
(J}, "HEIGHT", PARAGRAPH {4), °1NCREASES TO HEIGHT REGULA•
TtONS", SUBPARAGRAPHS {b) (ii}, (iii} AND {iv}, "ALLOWANCES'; TO
UPDATE THE WORKFORCE HOUSING REGULATIONS REGARDING
HEIGHT INCREASES; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, ANDAN EFFECTIVE DATE.
CITY OF DELRAY BEACH
NOTICE OF`PROPOSED
AMENDMENT TOTHE LAND
DEVELOPMENT
REGULATIONS REGARDING
WORKFORCE HOUSING
REGULATIONS
ORDINANCE N0, 52.4$
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULA•
T1ONS, BY AMENDING ARTICLE 4.4, "BASE ZONING DISTRIGT",
SECTION 48,13, °CENTRAL BUSINESS (CBD} DISTRICT", SUBSEC-
TION (t}, "PERFORMANCE STANDARDS°; TO PROVIDE ADDITi(}NAL
OPPORTUNITIES REGARDING WORKFORCE HOUSING; ARTICLE 4,7,
'FAMILY(WORKFORCEHOOSING",SECTION 4,7, "FINDINGS" SUBSEC-
TION (l), TO PROVIDE REGULATIONS REGARDING INCREASED
HEIGHT AND DENSITY; 4.7.1, °DEFINITIONS", TO PROVIDE A DEFINI-
TION OF "WORKFORCE HOUSING TRUST FUND", 4.7.2, "APPLICABIL-
ITY", PARAGRAPHS 4.7.2.b, AND c. TO PROVIDE ADDITIONAL OPPOR-
TUNlTiES REGARDING WORKFORCE HOUSING; 4:7.3,-"PROVISION
OF WORKFORCE HOUSING UNITS", TO ALLOW WORKFORCE
HOUSING IN ADDITIONAL LOCATIONS; 4.7.4, "DENSITY BONUS
PROGRAM FOR THE SOUTHWEST NEIGHBORHOOD OVERLAY
DISTRICT, THE GARNER ESTATES OVERLAY DISTRICT AND THE
tNFILL irVORKFORCE HOUSING AREA°, PARAGRAPH e. TO PROVIDE
FOR CONTRIBUTION TO THE DELRAY BEACH WORKFORCE HOUSING
TRUST FUND; AND 4.7.6, °RENTAL NOOSING UNITS", TO PROVIDE
GLARIFtCATtON REGARDING MODERATE INCOME REgUtREMENTS,
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
The City Commission will eonducttwo (2} Public Hearings forthe purpose of
accepting public testimony regarding the proposed ordinance. The first
Public Hearing will be held on MONDAY, NOVEMBER 3.2006 AT 7;06 P.M~
in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray
Beach, Florida. 11 the proposed ordinance is passed on first reading, a
second Public Hearing will be held on TUESDAY. NOVEMBER 18, 2668 AT
7.00 P.M. (er 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,
Alt interested citizens are invifed to attend the public hearings and comment
upon the proposed ordinance or submit their comments In wrlting_on or
before the data of these hearings to the Planning and Zoning Department.
For turther intormatlan or to obtain a copy of the proposed ordinance; please
contact the Ptanning and Zoning Department, City Hall, 100 N.W. 1sf
Avenue, Delray Beach, Florida 33444 ,. email at
pzma'rt~omydeGaybeach.com) or•by calling 5&11243-7040}, between fhe
hours of 8:00 e.m. and•5:00 p.m„ Monday Ihraugh Friday, excluding
holidays.
Please be advised that if a person decides to appeal any decision made by
the City Commisslon with respect to any matter considered at these
hearings, such parson 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 praJide nor prepare such.record pursuant to F.S. 286.Oi05. .
CITY OF DELRAY BEACH