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Ord 38-09ORDINANCE NO. 38-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DEZRAY BEACH, BY AMENDING SECTION 4.4.12, "PLANNED COMMERCIAL (PC) DISTRICT", SUBSECTION (D), "CONDITIONAL USES AND STRUCTU~:ES ALLOWED" AND SUBSECTION (G), "SUPPLEMENTAL DISTRICT I~:EGLILATIONS", TO PROVIDE REGULATIONS FOR THE SILVER TERRACE COURTYARDS OVERLAY DISTRICT; ENACTING SECTION 4.5,17, "SILVER TERRACE COURTYARDS OVERLAY DISTRICT", TO DEFINE THE OVERLAY DISTRICT; AMENDING SECTIONS 4.7.1, "DEFINITIONS", SECTION 4.7.2 "APPLICABILITY", AND SECTION 4.7.5 "DENSITY BONUS PROGRAM FOR THE SOUTHWEST 10TH S'T'REET AND I-95 JCSX RAILROAD CORRIDOR OVER.I.AY DISTRICTS", TO PROVIDE FOR 'I"HE CREATION OF A NEW WORKFORCE HOUSING OVERLAY DISTRICT; AMENDING SECTION 4.7.9, "GENERAL PROVISIONS", SUBSECTION "O", TO MODIFY THE PROVISIONS ALLOWING NON-ELIGIBLE OCCUPANTS TO OCCUPY WORKFORCE HOUSING RENTAL UNITS UNDER CERTAIN CONDITIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTPJE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the PI<<nning and Zoning Board reviewed the proposed text amendment at a public hearing held on July 20, 2009 and voted 5 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c}, the Plcuzning and Zoning Board, sitting as the Zocal Planning Agency, has determined that the change is consistent with and fiuthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, 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 4.4.12, "Planned Commercial (PC) District", Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: {D} Conditional 1_Jses and Structures Allowed: The fallowing uses are allowed as conditional uses within the PC District except as modified in the Lindellf Federal (Redevelopment Area #6) C>verla.y District and the Silver Terrace Courtyards C>verlav District by Section 4.4.12(G} and within the Four Corners C-verlay District which sha11 be pursuant to Section 4.4.9(G}(3}(c}: (1) All uses allowed as such within the GC District [Section 4.4.9(D}]. (2} Playhouses, Dinner Theaters, and places of assembly for commercial entertainment purposes (e.g., concerts, live performances) {3) Private schools and other similar educational facilities, subject to Section 4.3,3(HHH). (4) Adult Gaming Centers. Section 3. That Section 4.4.12, "Planned Commercial (I'C} 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: In addition to the supplemental district regulations set forth in Article 4.6, the following shall apply. (1) Development within the LindellJFederal Redevelopment Area C-verlay District (Redevelopment Area #6} shall be consistent with the provisions contstined within the adapted Redevelopment Plan for the area, as particularly described under the chapter entitled "Section 4: Plan for Future Development." (2) Within the portion of the Redevelopment Area that is bounded by Dixie Highway on the west, the C-15 canal on the south, Federal Highway on the east, and Avenue K (extended} on the north, multiple family residential development with densities of up to 16 units per acre is allowed as a conditional use, subject to the provisions of LDR Section 4.4.6 RM {1vledium Density Residential} Zoning District, subsection (I), Performance Standards, and based upon the development's conformance with the applicable standards and criteria described within the adopted Redevelopment Plan. {3) Dwelling units are permitted within the same structure as commercial uses with no restriction on the percentage of each use allowed. In the event that residential and nonresidential 2 ORT}. N0.3$-09 uses are located in the same structure, residential uses and nonresidential uses must be physically separated and have separate accessways. {4) All development within the. Four Careers Overlay District shall also comply with the provisions of Section 4.4.9{O)(3}(d} and (e). I51 Within the Silver Terrace Courtyards Overlay District as defined by Section 4.5.17. multi-family residential and mixed-use development with residential densities up to 22 units per acre is allowed as a conditional use, subiect to the provisions of LDR Section 4.4.6 RM f~vledium Density Residential) Zanin,~ District, subsection ~, Performance Standards,~rovided at least 20 % of the units are workforce units which comely with the provisions of Article 4.7. "FamilylWorkforce Housing". The maximum nonresidential Floor Area Ratia~AR} within the overlay tlistrict is 0.75. Section 4. That Section 4.5.17, "Silver Terrace Courtyards Overlay District" of the Land Develapment Regulations of the City of Delray Beach, Florida, be and the same is hereby enacted to read as follows; Section 4.5.17 Silver Terrace Courtyards Overlay District: ~A) Defined; The Silver Terrace Caurt~ards Overlay District is located on the west side of South Federal H~ way, approximated 320 feet south of SE 10a' Street and north of the Plaza at Delray as shown an the mad in Section 4.7.1~v) of the Land Develapment Re~tions. The applicable regulations set forth in Section 4.7. "Famil~lWorkforce Housing' ;, shall apply t„~, o the Silver Terrace Courtyards {overlay District in addition to other applicable Land Development Regulations. Section 5. That Section 4.7.1, ''Defirsitions", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended by enacting subsection 4.7.1(v} to read as follows; t}RD. NC}. 38-09 v. Silver Terrace Courtyards Overlay District -The area located on the west side of South Federal Highway, approximate1ti320 feet south of SE 10~ Street and north of the Plaza at Delray, as shown in the map below. A~EtaS OR. - ___ _ W S.E. 10'iFH--- I ~ 3 ~'j F- }- --- ~ A ..._ ~ 3 ~ _ _ . _ _ _ Q ~ 4 a g ~i ~ _ S - ° m GIR. ? ~ W"~.SWd AVE. _ -- ~ ~ ~ __ ~ _ ~-__ __-_- ~ __ a I , ~ ~ - - f .~ ' ~' ~ - S.E. 1?"H RD. '~ ~ ~ CENTRAL AYE. _ R $ ~4 '~ J ~ ~' ~ Q C7 C4lUN5 A E ~ Q -- J' w ~ ac ~. a 4 ~'z" r~ - - , LL v 4~ ?' C ~ F i ~.-_._. ANYAN __ TR€E CANE Section 6. That Section 4.7,2, `"Applicability", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended by enacting subsection 4.7,2(j) to read as follows: j. In the Silver Terrace Courtyards Overlay District,_at least twenty (20~percent of all residential units must be worl~force housing units that axe affordable to very low, or low or moderate income families Section 7. That Section 4.7.5, ""Density Bonus Program for the Southwest 10~h Street and I- 95JCSX Railroad Corridor Overlay Districts", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 4.7.5 Density Bonus Program for the Southwest 10th Street, a~ I-95 f CSX Railroad Corridor and Silver Terrace Courtva, rds Overlay Districts. 4 QRI7. NC}, 38-09 a, Developers of property in the Southwest 10th Street Overlay District shall develop the properties to afford a minimum of twenty percent of the residential units as workforce housing units. i. The twenty percent that are developed as workforce housing units must contain units that are affordable to very low, low or moderate income families. ii. In the Southwest 10th Street Overlay District, the maximum density allowed is the maximum zoning density allowed in the zoning district To obtain the maximum density allowed in the zoning district, not only must a minimum of twenty percent of the residential units be developed as workforce housing, but all the performance standards that allow increased density shall also be substantially met, iii. Workforce housing units may be located off-site provided the location chosen is within the City of Delray Beach. iv, All sections of Article 4.7 apply to the Southwest 10th Street Overlay District, except for Sections 4.7.4, 4.7.11 and 4.7.12. b. Developers of property in the I-~5JCSX Railroad Corridor Overlay District shall develop the properties to afford a minimum of twenty-five percent of the residential units as workforce housing units. The twenty-five percent that are developed as workforce housing units must contain units that are affordable to very low, low or moderate income families. ii. In the I-95JCSX Railroad Corridor Overlay District, the maximum density allowed is twenty-four (24} units per acre as a Conditional Use. To obtain a density greater than 6 units per acre, not only must a rxiixiirnum of twenty-five percent of the residential units be developed as workforce housing, but the performance standards of Section 4.4.6(I), shall also be substantially met. iii. All sections of Article 4.7 apply to the I-95 jCS~ Railroad Corridor Overlay District, except for Sections 4.7.4, 4.7.11 and 4.7.12. c. Developers of property in the Silver Terrace Courtyards Overla~„District shall develop the ,properties to afford a minimum of twenty taercent of the residential units as workforce housing units. i, The twenty percent that are developed as workforce housing, units must contain units that are affordable to ver~low low or moderate income families. {ORD. N0.38-Q9 ii. In the Silver Terrace Couxt~ards Overlay District, the maximum density allowed is twenty-two~22 units per acre as a Conditional Use. To obtain a densitygreater than 6 units per acre, not only must a minjrn~ of twenty pe cent of the residential units be developed as workforce housing, but the performance standards of Section 4.4.~~. shall also be substantially„ met. iii. All sections of Article 4.7 apply to the Silver Terrace Courtyards Overlay District, except for Sections 4,7,4.4.7,11 and 4.7.12. Section 8. That Section 4,7.9, "General Provisions", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended by amending subsection "o", to read as follows: o. Workforce housing rental units shaIl be marketed continuously as workforce housing units. In the unlikely event that, notwithstanding the marketing efforts outlined in a specific Covenant agreement, the total number of occupied workforce housing units does not equal 100° o of the workforce units required for the project 2 and , as to workforce units which have remained vacant for 45 days or more due to a lack of Eligible Occupants, those units may be rented to non-eligible occupants at market rents; provided that the Developer shall pay to the Delray Beach Housing Trust Fund {DBHTF) at the end of each calendar year any rents actually received from the non-eligible occupants of the workforce units for that year in excess of the rents that would have been received from Eligible Occupants for such workforce units based on workforce rents at the time of the signing of the lease {"Excess Rental Payment"). Excess Rental Payments shall accrue only for periods in which the required ~e 100% is not satisfied. No later than 20 days following the end of the month, the Developer shall provide the DBHTF with a monthly statement highlighting those units which require Excess Rental Payments. No later than 30 days following the end of the year, the Developer shall provide the DBHTF with an annual statement and shall submit the amounts due to the DBHTF within thirty{30) days following written notice from the DBHTF of its approval of each annual statement. The workforce units rented to non-eligible occupants wi]1 be considered Workforce Housing Ututs for the purposes of complying with this Ordinance, but only until the next vacant unit is rented to an eligible candidate, at which time the non-eligible unit will cease to be considered a Workforce Housing Unit. if less than L~"YtJ' 100°l0 of the total number of workforce units required for the project are occupied with workforce eligible occupants, then each subsequent vacant unit shall be marketed to workforce eligible applicants pursuant to an approved marketing and advertising plan until all required workforce units are rented to eligible occupants. coon 9. 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, ©RD, N0.38.09 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 10. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 11. That this ordinance shall become effective immediately upon its passage on second and .final reading. 1{~~ PASSE AND AD pTED in regular sessi on second and al reading on this the l day cif a,~~---, 2009. ATTEST M A Y (J City Clerk First Readin Second Readin ~ ~ ~ 7 ORD. N0.38-09 Page 1 of 2 ME~ORA1ti1I}UM TO; Mayor and City Commissioners FROM; Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH; City Manager DATE; July 28, 2009 SUBJECT; AGENDA_ITEM 10.B. -REGULAR CQMMISSION MEETING 4F AUGUST 4 2009 QRDINANCE N0.38-09 FIRST READING/FIRST PUBLIC NEARING ITEM BEFORE COMMISSION Consideration ofprivately-initiated amendments to the Land Development Regulations (LDRs}, Section 4.4.12, "Planned Commercial (PC} District"; Section 4.5.17, "The Silver Terrace Courtyards Overlay District"; and Article 4.7, "Family Workforce Housing", to provide regulations associated with the creation of the Silver Terrace Courtyards Overlay District. BACKGROUND On April 21, 2009, the City Commission adopted Comprehensive Plan Amendment 2009-1, which included aprivately-initiated text amendment to modify the description of the GC (General Commercial} Future Land I.Jse designation to increase the maximum density for residential uses from 12 units per acre to 22 units per acre and decrease the maximum intensity far non-residential uses from an FAR of 3.0 to 0.75, specific to the proposed Silver Terrace Courtyards Overlay District. The overlay district, located on the west side of South Federal Highway, between SE 10th Street and Linton Boulevard, measures 8.18 acres in size and encompasses the Floranda Mobile Home Park, several single family homes and Executive Office Quarters, located just north of the mobile home park (see attached location map}. Development within the overlay district also requires that 20°l0 of the residential units be workforce housing units. The purpose of the proposed LDR text amendment is to implement the adapted Comprehensive Plan amendment. The text amendments consist of adding the description of the new overlay district to Article 4.5, "Overlay and Environmental Management Districts"; adding requirements for development within the overlay district to the zoning district regulations in Section 4.4.12, "Planned Commercial (PC} District"; and modifying Article 4.7, "Family/Workforce Housing" to accommodate the new overlay district. Please note that Section 4.7.9(0} was added in February 2009 to a11ow non-eligible occupants to occupy workforce housing rental units under certain conditions. That addition was aprivately-initiated text amendment by the developers of the Historic Depot Square project, which is located within the I- 95/CSC Railroad Corridor Overlay District, and was based on a requirement of 25% workforce housing hftp:llmiweb0011Agendas/Bluesheet,aspx?ItemID=2430c4cMeetingID-214 3/1/2010 Page 2 of 2 units, which is the specific requirement for the I-9S/CSX Railroad Corridor Overlay .District. Since other overlay districts may require less than 2S°lo workforce housing units, including the Silver Terrace Courtyards Overlay District, the language of that section has been modified with the current amendment so that the provisions can be consistently applied throughout the other overlay districts. REVIEW BY QT~IERS The text amendment was considered by the Planning and Zoning Board on July 20, 2009. The Board unanimously reconnnended approval on a S to 0 vote {Glickstein and Pike absent), by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(1Vl) of the Land Development Regulations. REC4IYIMENDATION By motion, approve on first reading Ordinance No. 38-09 for aCity-initiated amendment to the Land Development Regulations as reflected in the attached ordinance, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4,5{M) of the Land Development Regulations. http:llmiweb0011Agendas/Bluesheet.aspx?Iten~ID=2430&MeetingID=214 311/2010 Page l of 1 ~EM(~RANDUM TO: Mayor and City Commissioners PROM: David T. Harden, City Manager DATE: August 11, 2009 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF AUGUST 18 2009 ORDINANCE N0.38-09 SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing to consider a privately-initiated amendment to the Land Development Regulations ~LDR} Section 4.4.12, "Planned Commercial (PC} District", Subsection (D), "Conditional Uses and Structures Allowed", and Subsection {G), "Supplemental District Regulations", to provide regulations for the Silver Terrace Courtyards Overlay District; enacting Section 4.5.17, "Silver Terrace Courtyards Overlay District", to define the overlay district; amending Sections 4.7.1, "Definitions", Section 4.7.2, "Applicability", and Section 4.7.5, "Density Bonus Program for the Southwest 10~' Street and I-951GSX Railroad Corridor Overlay Districts", to provide for the creation of a new Workforce Housing Overlay District; amending Section 4.7.9, "General Provisions", Subsection "o", to modify the provisions allowing non-eligible occupants to occupy workforce housing rental units under certain conditions. BACKGROUND At the first reading on August 4, 2009, the Corntnission passed Ordinance No. 3 $-09. RECOMMENDATION Recommend approval of Ordinance No. 3 $-09 on second and final reading. http:llmiweb001/AgendaslBluesheet.aspx?ItemID=2478&MeetingID=2l 5 3/112010 ORDINANCE NO. 3&-09 AN ORDINANCE QF THE QTY CONMSSION OF T'I-iE QTY OF DELRAY BEACH FLORIDA, A11~IENDING THE LAND DEVELOPMENT REGULATIONS OF THE QTY OF DELRAY BEACH BY AMENDING SECTION 4.4.12, „P1:.AMti1ED COI~rIIVIERQAL {PC) DISTRICT", SUBSECTION {D}, "CONDITIONAL USES AND STRUC'TLTRES ALLOWED" AND SUBSECTION {G}, "SUPPLEMENTAL DISTRICT REGULATIONS", TO PROVIDE REGULATIONS FOR THE SILVER TER:ItACE COURTYARDS OVERLAY DISTRICT; ENACTING SECTION 4.5,17, "SILVER TERRACE COURTY~-RDS OVERLAY DISTRICT", TO DEFINE `I'I-IE OVERLAY DISTRICT; ~?-1ti~NDING SECTIONS 4.7.1, "DEFINITIONS", SECTION 4.7.2 "APPLIC:ABILITY", AND SECTION 4.7,5 "DENSITY BONUS PROGRAM FOR "I'I-~ SOUTI~[~'VEST 10TH STREET AND I-951CSX RAILROAD CORRIDOR OVERLAY DISTRICTS", TO PROVIDE FOR THE CREATION OF A NEW WORKFORCE HOUSING OVERLAY DISTRICT; 1?-MENDING SECTION 4.7.9, "GENERAL PROVISIONS", ~CJBSECI`ION "O", TO MODIFY THE PROVISIONS ALLOWING NON ELIGIBLE OCCUPANTS TO OCCUPY WORKFORCE HOUSING RENTAL UNITS L;I~IDER CERTAIN CONDITIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. V'JI~EREAS, pursuant to LDR Section 1.1.6, the P1~rr-nirig and Zari~rtg Board reviex~d the proposed text amendment at a public heating held on July 20, 2009 and voted 5 to 0 to recomtr~ul that the changes be approved; and WI~REAS, pursuant to Florida Statute 163.3174(4){c}, the Pl~~rrnirtg and Ion'' Board, sitiirtg as the Laval PI<~r~r~ng Agency, has determined that the c~~ is cadent with and fiarthers the goals, abj ectives and policies of the Con tprehen5ive Plan; and WHEREAS, the City Carr>rrrission of the City of Delray Be;~h adopts the fi;ctding~ in the Pl~~-u~ing and Zoning Staff Report; grid WHEREAS, the City Camrnission of the City of Delray Beach finds the ot~~irzartce is consistent with the goals, policies, and objectives of the Comprehensive Plan NOW, T'I~REFORE, BE IT ORDAINED BY T'F~ QTY COR~IIvIISSION OF THE QTY OF DELRAY BEACI-~. FLORIDA, AS FOLLOWS: fiction 1. That the recitations set faith above are incorporated herein. ' n 2. That Section 4.4.12, "Planned Commercial (I'C~ Di4~trict", Subsection (D}, "Conditional Uses and Structures Alla~n~d", of the Land Develop~rent Re~xlatians of the City of Delray Beach Florida, be and the sG-~me is hereby amended to read as follows: (D} Conditional Uses and Structures Allowed: The following uses are allowed as conditional l~ within the PC District except as modified in the Lindell/Fe~~ral {Redevelap~n~ent Area # 6) Overlay District and the Silver Terrace ~izrtj Overlay District by Section 4.4.12(G) and within the Four Corners Overlay District which shall be pursuant to Section 4.49(G}{3}{c}. (1} All uses allowed as such witlvn the GC District [Section 4.4.9(D)]. {2} Playhouses, Dinner Theaters, and places of assembly far carnmercial entertainment purposes (e.g., concerts, live perfarrnarues) {3} Private schools and other similar educational faci]ities, subject to Section 4.3.3(HE~I-i). {4} Adult Gaming Centers. section ~ That Section 4.4.12, "I'l~~ru~'d Con~rga~cial {IxC} 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 n}ad as follows: {G) Supple~~ntal District Reg~.ilations; In addition to the supplemental district r~'gulations set forth in Article 4.6, the following shall apply. (1} Development witlliz't the LindelllFederal Redevelopment Area Overlay District {Redevelopment Area # 6) shall be consistent with the provisions contained within the adopted Reclevelapn~nt Plan for the area, as particularly described under the chapter entitled "Section 4: Plan for Fuhzre Development." {2} Within the portion of the R:edevelopn~nt Area that is bounded by Dixie Highway on the west, the C-15 canal on the soukh, Federal Highway on the east, and Avenue K {e~ctended) on the north, multiple family residential developrr~ent with densities of up to 16 unite per acre is allowed as a conditional use, subject to the provisions of LDR Section 4.4.6 RWNI {Medium Density Residential} Zoning District, subsection (I}, Performance Standards, and ba<~:cl upon the development`s conformance with the applicable si:andards and criteria described wit~~in the adapted Redevelopment Plan. (3} DU~llixYg units are Pitted within the sair~e strt~ture as corxux~xrial uses with no restriction on the percentage of each use allowed. In the event that residential and nonresidential 2 ORD. Nfl. 38-49 uses are located in the carne structrxre, residential uses and noru~esidential uses must ~ physically separated and have separate accessways. {4} All development within tyre Four Gainers Overlay District shall. also comply with the provisions of Section 4.4.9(G}{3}(d} and (e}, Swan 4. That Section 4.5.17, "Silver Terre CaurfiY~r~3s Overlay District" of the Land Developrr~nt R~gulatians of the City of Delray Beach Florida, be and the carne is hereby enacted to read as fal2aws: Section 4.5.17 Silver Terrace Caurl~ards Overla~District: Regulations. Section That Secfian 4.7.1, "Definitions'", of the Land De~velapment Re~zlatians of the City of Delray Be; Florida, be and the same is hereby amended by enacting subsection 4.7.1(v} to read as fa]Iaws: ORI). NQ. 38-09 v. Silver Terrace Cauc~t~rards Overlay District -- The ~nea located on the west side of South Federal Highway , approximately 320 feet south of SE 10~ Stt~eet and north of the Plaza at DeLra~ as shown in the map below t. Q d , ~~ s oa. -- -- - ~ ~ o __~ ®-- ~ _ti ~ ~ r - ~ d S.E. ipT_~ ~ ~1 _ _ ' j ~~ 3 ~ - a S ~ _ CtR. WiL50N AYE, ~. "'-~ ~ J ~ _ 4 S.E. t27N RD. "Z r CENtRAE AYE. *. ~~ ~~. N ~ -.. Q ~ V- - ___ i ~y o CIXLINS A UE ~ ~ d L '~ a w '~ a, ~ c~ y~*r W ~~ ~..... 4 ~~ 'V~ ~o - ~ ANYAN 1REE ERNE Section 6. That Section 4.7.2, "Applicability", of the Land Development Regulations of the City of Delray Beach Florida, be and the same is hereby ~rnerided by enacting subsection 4.7.2(j ) to read as follows; law or moderate income families. Section 7. That Section 4.7.5, "Density Banos Program. far the Southwest 10~ Street and l- 95jCSX I;ailroad Corridor Overlay Districts", of the Land Development Re~~tians of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 4.7.5 Density Bonus Program for the Southwest 10th StreetF a~ I-~5 jCSX l~ailxaad Corridor and Silver Terrace Cour~~r'ds Overlay Districts, a oxo. pro. ~s-o~ a Developers of property in the Southwest 10th Stmet Overlay District shall develop the properties to afford a minimurn of twenty percent of the residc~nfiial units as workforce housing units. The twenty percent that are developed as workforce housing units n.ust contain units that are affordable to verylow, lowor moderate income fazr~lies. ii In the Southwest 10th Street Overlay District, the maximum deity allowed is the maximum zoning density allowed in the zoning district. To obtain the m~.ucimum density allowed in the zoning district, not only must a rninirnum of twenty percent of the residential units be developed as workforce hou~ng, but all the perfarmaY~ce standards that allow increased density small. also be substantially met. iii Workforce housing units maybe located off-site provided the location chosen is within the City of Delray Beach iv. All. sections of Article 4.7 apply to the Southwest 10th Street Overlay District, except for Sections 4.7.4, 4.7.11 and 4.7.12. b. Developers of property in the I-951CSX Railroad Corridor Overlay District shall develop the properties to afford a minimum of twenty~five percent of the residential units as workforce housing units. i The twentyfive percent that are developed as workforce hauling units must contain units that are affordable to verylow, lawor moderate income fairrulies. ii In the I-95 f CSX T;ailroad Corridor Qverlay District, the maxirzium da~sity allowed is tG+~]nty~four (24) units per acre as a Conditional Use. To obtain a density greater tru~n 6 units per acre, not Drily n.ust a minirruam of twentyfive percent of the residential units be developed as workforce hou~ng, but the perfarir~~nce standards of Section 4.4,6(I), shall. also be substantially met. iii. All sections of Article 4.7 apply to the I-95JCSX Railroad Corridor Overlay District, except for Sections 4.7.4, 4.7.11 and 4.7.12. i The twent~r percent that are developed as workforce housing units must contain unils that are affordable to verb low; low ar moderate income fars~ilies. QRD. NQ, 38-09 ii. In the Silver Terrace Caurtvards Overlay District, the.... rr~aximum density iii. All sections of Article 4.7 ap..ply to the Silver Terrace Courtyards Overlay District, except far Sections 4.7.4, 4.7.11 and 4.7.12. Section 8. That Section 4.7.9, „General Provisions", of the Land Development Re~alations of the City of Delray Beach, Florida, be and the same is hereby amended by anyruling subsection "a", to read as foIlows: o. Workforce hawing rental units shall be marketed continuously as workforce housing units. In the unlikely event that, notwithstanding the marketing efforts arxtlined in a specific Covenant agre~'ment, the total number of occupied workforce housing units cues not ~ 1 °lo of the workforce units r~~e[uir~~cl for tfreject ~° and , as to workforce units which have remained vacant for 45 days or more due to a lack of Eligible Occupants, those units may be rented to non-eligble occupants at market rents; provided that the Developer shall pay to the Delray Beach Housing Trlxst Fund {DBHTF} at the end of each calendar year any rents actually received from the non-elig~-le occupants of the tiwrkfox~ce units for that year in excess of the rents that would have been received from Eligible Occ~.rpants far such workforce units based on workforce rents at the time of the sighing of the lease {"Excess Rental Payment`. Excess Rental Pay~~ents shall accrue only far periods in which the required ~ 100% is not satisfied No later than 20 days following the end of the month, the Developer shall provide the DBHTF with a monthly statement highlightinng those units which require Excess Rental Pay~rner-ts. No later tf~an 30 days fallov~rig the end of the }'~•'~', the Developer shall provide the DBHTF with an annual statement and shall submit the amounts due to the DBHTF within tY~:ty{30) days following written notice from the DBI-I['F of its approval of each annual statement. The workforce units rented to non-elig~le occupants v~~iil be considered Workforce Housing Units for the purposes of complying with this Ordinance, but only until the next vacant unit is rented to an eligible candidate, at which time the non eligible unit v~nil cease to be considered a Workforce Housing Unit. If less tI>arr 200°a of the total ntrrriber of workforce units required for the erect are occ~~ied with workforce eligible occizf'ants, tl~n each subsfx~ent vacant unit shall be marketed to workforce eligible applicants pursuant to an approved markeiting and advertising plan until all required workforce units are rented to eligible occupants. ~~tx'on 9. That should any section ar provision of this ordinance or any portion thereof, any paragraph, sentence, ar word. be decl~ired by a court of competent jurisdiction to be invalid Oxn. rr0. ~$-as si.~h decision sl~ll. not affect the validity of the rerr~ainder hereof as a whole or part thereof other than the part declared to be invalid Section 10. That all ordinances or pants of or~3inances in conflict herewith be, and the same are hereby ~r~pealed tion 11. That this ordinance shall becorr~ effective imcne~diately upon its passage on second and final read PASSED AND ADOPTED in rE~;u~ar session on second and final r~~~cling on this the day of 2Q09. ATTEST M A Y d R City Clexk First Reeding Second Readirt~_ ©~. N0.3$-09 Page 1 of 2 MEMC}~:~1vDU~ TO: Mayor and City Commissioners FROM: Ronald Haggard, AICP, Principal Planner Paul Darling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: July 28, 2449 SUBJECT: AGENDA ITEM 10.8, -REGULAR COMMISSION MEETING OF AUGUST 4.2009 ORDINANCE N0.38-09 (FIRST READING/FIRST PUBLIC HEARING ITEM. BEFORE COMMISSION Consideration ofprivately-initiated amendments to the Land Development Regulations (LDRs}, Section 4.4.12, "Planned Commercial {PC} District"; Section 4.5.17, "The Silver Terrace Courtyards Overlay District"; and Article 4.7, "Family Workforce Housing", to provide regulations associated with the creation of the Silver Terrace Courtyards Overlay District. BACKGROUND On April 21, 2449, the City Commission adapted Comprehensive Plan Amendment 2449-1, which included aprivately-initiated text amendment to modify the description of the GC {General Commercial} Future Land Use designation to increase the maximum density for residential uses from 12 units per acre to 22 units per acre and decrease the maximum intensity far non-residential uses from an FAR of 3,4 to 4.75, specific to the proposed Silver Terrace Courtyards Overlay District. The overlay district, located an the west side of South Federal Highway, between SE 14th Street and Linton Boulevard, measures 8.18 acres in size and encompasses the Floranda Mobile Home Park, several single family homes and Executive Office Quarters, located just north of the mobile Name park (see attached location map). Development within the overlay district also requires that 24°l0 of the residential units be workforce housing units. The purpose of the proposed LDR text amendment is to implement the adopted Comprehensive Plan amendment. The text amendments consist of adding the description of the new overlay district to Article 4.5, "Overlay and Environmental Management Districts"; adding requirements for development within the overlay district to the zoning district regulations in Section 4.4.12, "Planned Commercial {PC} District"; and modifying Article 4.7, "FamilylWorkforce Housing" to accommodate the new overlay district. Please note that Section 4.7.9{0} was added in February 2049 to allow non-eligible occupants to occupy workforce housing rental units under certain conditions. That addition was aprivately-initiated text amendment by the developers of the Historic Depot Square project, which is located within the I- 95/CSX Railroad Corridor Overlay District, and was based on a requirement of 25°l° workforce housing http:Jlrniweb4411Agendas/Bluesheet.aspx?ItemID=2434&MeetingID=214 8/ 11/2449 Page 2 of 2 units, which is the specific requirement for the I-95/CSX Railroad Corridor Overlay District. Since other overlay districts may require less than 25°lo workforce housing units, including the Silver Terrace Courtyards Overlay District, the language of that section has been modified with the current amendment so that the provisions can be consistently applied throughout the other overlay districts, REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on July 20, 2009. The Board unanimously recommended approval on a 5 to 0 vote (Glickstein and Pike absent), by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance No. 38-09 for aCity-initiated amendment to the Land Development Regulations as reflected in the attached ordinance, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(Iv1} of the Land Development Regulations. http:l/rniweb0011AgendasfBluesheet.aspx?ItemID=2430&MeetingID=214 $f l U2009 4 4 d ~' ~ W, .. °z 2 - <v W q - ((} ST. ui S.E. 8T ~ sT. ~ a O ~ _ F- S.E. 8 o `~ ~ twit ~ C4URT to S E.BTH Vi ¢ I L }- N ~.i 4) - 4ri ~ .`~t7 Q `~ t!1 iff Vl ~ ~ RJS 9 ST. ~ ~ S.. T, W <C ~ r SVftNTON GAROEN& OR, ~ _.... ~ ~ ~ li. W S.E. 1 TH N. LONGPORT CIR. ~ ~ ~~!, ~$ h 4 {ry O ^s. a ~_ _ ~7 ~ ~ ~ P4! 2 a J oa 5. I.flNGPORT GIR. YALSON AVE. REIGLE AVENUE ~ ...! g d S.E. 12TH R0. ""t r CENTRAL AVE. h I =a. t~ ~ Q ~ ,~~'`' o COLLINS AVENUE ~ U B _ ,~' I! ~ ~ ~ r ~ ~ ~P ~~ ,~,'~ 4 [~ Q~4 ~ RHODES ~~ BANYAN TREE LANE OEL-ttAVE O i LINT{~N Bf~ULEVARD -- D/C/TAL &i3E MAP SYSTEM -- MAP REf: S:\Plgnnin4 & Zoning\OBMS\File-Cob~2-LM 1001-1500\L~A/093_Silver Terroce (Layout-2} _~ ~ N SILVER TTRRACE ~ .~ ~~`` SUBJECT PROPERTY CO~..~RTYARD OVERLAY DISTRICT _ PLANNING AND ZC7N~NG 0 DEPARTMENT LOCATION MAP PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: JULY 20, 2008 AGENDA NO.: IV. D. AGENDA ITEM: CONSIDERATION OF PRIVATELY-INITIATED AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS {LDRS}, SECTION 4.4.12 "PLANNED COMMERCIAL" {PC} DISTRICT; ARTICLE 4.5 "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS"; AND ARTICLE 4.7 "FAMILYlWORKFORCE HOUSING", TO PROVIDE REGULATIONS ASSOGIATED WITH THE CREATION OF THE SILVER TERRACE COURTYARDS OVERLAY DISTRICT. ITEM `BEFORE'THE`BOARD The item before the Board is that of making a recommendation to the City Commission regarding privately-initiated amendments to the Land Development Regulations to provide regulations associated with the initial creation of the Silver Terrace Courtyards Overlay District. 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. BACKGROUND On April 21, 2009, the City Commission adopted Comprehensive Plan Amendment 2009-1, which included aprivately-initiated text amendment to modify the description of the GC {General Commercial} Future Land Use designation to increase the maximum density far residential uses from 12 units per acre to 22 units per and decrease the maximum intensity far non-residential uses from an FAR of 3.0 to 0.75, specific to the proposed Silver Terrace Courtyards Overlay District. The overlay district, located an the west side of South Federal Highway, between SE 10`" Street and Linton Boulevard, measures 6.18 acres in size and encompasses the Floranda Mobile Home Park, several single family homes and Executive Office Quarters, located just north of the mobile home park {see attached location map}. Development within the overlay district also requires that 20°l0 of the residential units be workforce housing units, The purpose of the proposed LDR text amendment is to implement the adapted Comprehensive Plan amendment. The Family/Warkforce Housing Ordinance, adopted by the City Commission an December 6, 2004, included incentives to provide workforce housing by allowing density bonuses within the Southwest Neighborhood Overlay District. The program has been expanded several times since to provide additional opportunities and incentives for the provision of workforce housing. Major revisions included establishment of additional workforce housing overlay districts; increasing the affordability time frames from 30 to 40 years; allowing lots of record between 40 feet and 50 feet to be developed for workforce housing; and requiring the provision of workforce housing to qualify far increased density ar height in the CBD zoning district, The latest amendment to the program occurred in February 2009 with the addition Section 4.7.9{a} with provisions to allow non-eligible occupants to occupy workforce housing rental units under certain conditions. Planning and Zoning Board Memorandum Staff Report, July 20, 2009 Amendment to LDRs Pertaining to the Silver Terrace Courtyards Overlay District ANALYSIS The l_DR text amendments seek to create an additional Overlay District within the Planned Commercial zoning district on the west side of South Federal Highway, approximately 320 feet south of SE 10~' Street and north of the Plaza at Delray. Residential development to a maximum of 22 units per acre is permitted through the conditional use process within the overlay district, with a requirement that 20°l0 of the units be workforce housing, subject to the requirements of Article 4.7, "FamilyJWorkforce Housing." Substantial compliance with the performance standards of 4.4.6(1) will also be required to exceed 6 units per acre within the overlay district. The maximum nonresidential Floor Area Ratio (FAR} within the overlay district is 0.75. The text amendments consists of adding the description of the new overlay district to Article 4.5, "Overlay and Environmental Management Districts"; adding requirements for development within the overlay district to the zoning district regulations in Section 4.4.12, "Planned Commercial (PC} District"; and modifying Article 4.7, "FamilyJWorkforce Housing" to accommodate the new overlay district. As noted earlier, Section 4.7.9(0} was added in February 2009 to allow non-eligible occupants to occupy workforce housing rental units under certain conditions, That addition was aprivately- initiated text amendment by the developers of the Historic Depot Square project, which is located within the I-95/CSX Railroad Corridor Overlay District, and was based on a requirement of 25°lo workforce housing units, which is the specific requirement for the I-95/CSX Railroad Corridor Overlay District. Since other overlay districts may require less than 25°lo workforce housing units, including the Silver Terrace Courtyards Overlay District, the language of that section has been modified with the current amendment so that the provisions can be consistently applied throughout the other overlay districts. REQUIRED FINDINGS LDR Section 2.4.5(M){5} tFindings): Pursuant to LDR Section 2.4.5{M}{5} {Findings}, in addition to LDR Section 1.1.6(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. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were noted: Future Land Use Element Qbiective A-5 The Cify shall maintain its Land Development Regulations, which shall be regularly reviewed and updafed, tv provide timely, equitable and sfreamJined processes including, but not limited tv, building permif processes for residential developments and tv accvmrnvdate mixed--use developments, and other innovative development practices. As participation in the Workforce Housing. Program continues, it will be necessary to modify the regulations from time to time to increase efficiency and to ensure that the intended results are achieved. Expansion of the program to include an additional Overlay District will create an opportunity far additional workforce housing units to be constructed within the City. Based on the land area within the Silver Terrace Courtyards Overlay District, approximately 36 affordable housing units may ultimately be developed. 2 Planning and Zoning Board Memorandum Staff Report, July 20, 2009 Amendment to LDRs Pertaining to the Silver Terrace Courtyards Overlay District Nousina Element Objective B_1 The Cify shall work fo ensure that there continues fo be an adequate supply of qualify housing to accommodate very low, low, and moderate income households. Nousina Element Qbiective B-2 Redevelopment and the development of new land shall result in the provision of a variety of housing types and other amenities (i. e. bike trails, parks, sidewalks) to accommodate the diverse economic makeup of the City's demographic prohle, and meet the housing needs of all residents. In addition to the above objectives, a text amendment was adopted as part of Comprehensive Plan Amendment 09-1 to support increased residential density (with workforce housing) within the Silver Terrace Courtyards Overlay District. The amendment modified the description of the General Gommercial FLUM designation to read as follows: General Commercial: This designation is applied fo land which is, or should be, developed for general commercial purposes e.g. retail, office, services, Ughf industrial type uses such as fabrication and assembly are perrrrissible under this designation when /ocafed in fhe special overlay district between Federal Highway and Dixie Highway, north of IV.E. 14th Street fo fhe north Cify limit. A maximum Floor Area Ratio of 3. t1 is permitted for nonresidential uses, except for mixed-use development within the Four Corners Overlay District, where fhe nonresidential component is limited to an FAR of 2.0, and except within the Silver Terrace Courfvards {}verlay District where fhe nonresidential development is limited to an FAR of 0.T5. Residential uses may comprise up to 15% of fhe total floor area of fhe General Commercial Land Use designation. Residential uses are permitted either in conjunctr`on with a commercial use, or as a stand alone use subject to Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per acre, except in Redevelopment Area #6 (LindelUFederal Highway) where residential densities may be allowed up fo a maximum of 16 units per acre subject fo Conditional Use approval and fhe criteria outlined in fhe Redevelopment Plan far that area and within the Silver Terrace Courtyards nverlay Qistrict where residential densities may be allowed up to a maximum of 22 units per acre subject to Conditional Use approval. Areas with fhe General Commercial designation, /ocafed within a workforce housing overlay disfricf, may also exceed 12 units per acre up to a maximum of 3t? units per acre within fhe Four Corners Overlay District and 18 units per acre within the infill workforce housing area, by obtaining density bonuses through fhe provision of workforce housing units. The ultimate goal of the FamilylWarkforce Housing Program is to encourage the provision of pausing, which is affordable to very low to moderate income households through the use of incentives, By expanding this program, the proposed text amendments are consistent with and will further the Goals, Objectives, and Policies of the Comprehensive Plan, REVIEW BY OTHERS Courtesy Natives: Courtesy notices were provided to the fallowing homeowner and civic associations: • Progressive Residents of Delray {PROD} ^ Neighborhood Advisory Council 3 Planning and Zoning Board Memorandum Staff Report, Ju#y 20, 2009 Amendment to LDRs Pertaining to the Silver Terraces Courtyards Overlay District Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. .ASSESSMENT ANLI CONCLUSION The purpose of the proposed privately initiated LDR text amendments is to implement the adopted Comprehensive Plan Amendment 2049-1, which created the Silver Terrace Gourtyards Overlay District on South Federal Highway, within the General Gommercial FLUM designation. The currently proposed text amendment to the Land Development Regulations will further enhance the City's Workforce Housing Program by adding an additional Overlay District to the program, With a minimum of 20°lo workforce housing units required within the Overlay District, there is a potential for an additional 36 workforce housing units to be constructed within the City. The proposed amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. RECQMMENOED ACTIC?N Move to recommend to the City Commission approval of privately-initiated amendments to the Land Development Regulations (LDRs}, Section x.4.'12, ""Planned Commercial (PG} District"; Section 4.5.17, '"The Silver Terrace Courtyards Overlay District"; and Article x.7, "Family Workforce Housing", to provide regulations associated with the creation of a new Overlay District, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.x.5(M} of the Land Development Regulations. Attachments: • Proposed ©rdinance • Location Map s:lplanning & zoning~boardslp&z board~ldr text amendment silver terrace courtyards overlay districtdoc 4