Ord 17-11ORDIN~~NCE NO. 17-11
AN ORDINANCE OF THE CI"1'Y COMMISSION OF THE CI"11' OF
DELRAl' BEACH, FLORIDA, AMENDING `1'HE LAND
DEVELOPI\ZEN"I' REGULr1'1'IONS OF THE CODE OF
ORDINANCES, BY AIv~IENDING SECTION 4.4.29, "MIZED
RF,SIDEN'1'IAI,, OFFICE AND COMMERCIAL (MROC)
DISTRICI"; TO CLr1RIFY THE I~L~ZIhIUM PERMI'I"I'ED
DENSITIES IN "1"HE 1~IROC %ONING DISTRICT; PROVIDING rl
SAVING CLAUSE,, A GENERAL RF,PEALER CLAUSE, AND AN
EFFECTIVE DA"T E.
WHEREAS, pursuant to I,DR Section 1.1.6, the Planning and Zoning Board reviewed the proposed
text amendment at a public hearing held on April 25, 2011 and voted 6 to 0 to recommend that the changes
be approved; and
WHERI?AS, pursuant to Florida Statute 163.3174(4)(c), the Planning and 7_oning Board, sitting as the
Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives
and policies of the Comprehensive Plan; and
WHERI~.AS, the City Commission of the City of Delray Beach adopts the findings in the Planning and
'toning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with
the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY "I'HE CI1~I' COMMISSION OF THE CITY OF
DEI,R:1Y BEi1CH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Article 4.4, "Base Zoning District", Section 4.4.29, "Mixed Residential, Office and
Commercial (MROC) District," of the Land Development Regulations of the Code of Ordinances of the City
of De1ra~~ Beach, Florida, be amended to read as follows:
Section 4.4?9 Mired Residential, Office And Commercial (MROC) District
...
(B) Principal Uses and Structures Permitted: The following types of uses are allowed within the
MROC district as permitted uses:
(1) Office Center: The "Office Center" uses within an MROC development may
comprise as much as one hundred percent (100%) of the total building square footage within the
development. T'hcse uses can include:
(a) Financial Institutions, e.g., banks, savings and loan establishments, brokerage firms.
(b) Medical Offices, e.g., physicians, dentists, chiropractors, podiatrists, optometrists, etc.
(c) Professional Offices, e.g., attorneys, engineering firms, architectural
(d) Governmental offices, e.g., including federal, state, county, and local offices, along with
their related fleet and communications operations (which will be considered accessory uses
to governmental offices and services), civic centers, courthouses, fire stations, public health
facility, law enforcement offices and facilities, post office, public utility facilities,
communication towers and communing facilities such as civic centers, cultural facilities,
libraries, auditoriums, museums, and public recreation facilities, and services such as day
care centers, abuse, child care centers.
(c) Business Support Services, primarily engaged in rendering services to other building
establishments, e.g., such as mailing, building maintenance, personnel and employment
services, management, and consulting set~~ices, protective sen-ices, copy and printing,
travel, office supply, and similar services.
(2) Research and Development: Research and Dc~~elopment (R&D) uses involve either
some degree of product creation, testing, evaluation, and development or the provision of testing and
evaluation services for use by others. R&D uses may constitute 100% of the total building square footage
within the development. Examples of such uses or resulting products include:
(a) Product Creation, Testing, Evaluation, and Development:
1. computer hardware
2. computer sofhvare
3. pharmaceuticals
(b) Research and Development Sernices:
1. calibration laboratories or services
2. chemical laboratories
3. commercial testing laboratories
4. soil laboratories
5. scientific research laborat<~ries
2 ORD. NO. 17-I l
(3) General Retail Uses: Retail uses and/or facilities not to exceed 20% of the total
building square footage of the development, including, but not limited to:
(a) Restaurants, baked goods, books, cheeses, beer, wine, liquor, confectioneries,
cosmetics, meats, pharmacies, flowers and plants, fruits and vegetables, food,
gifts, glassware, ice cream, leather goods, luggage, medical and surgical
equipment, music and musical instruments, nautical supplies, office furniture
equipment and supplies, pets and pet supplies, photographic equipment and
supplies, sewing supplies, sporting goods, toys, wearing apparel and accessories,
appliances, bicycles, business machines, jewelry.
(b) Barber and beauty shops and salons, caterers, dry cleaning limited to on-site
processing for customer pickup only, dry cleaning and laundry pickup stations,
outdoor cafes, tailoring, tobacconist.
(c) Galleries, butcher shops, cocktail lounges, exercise facilities, museums, libraries,
newsstands, commercial or public parking lots and parking garages.
(4) Multi-family Dwelling Units: Multi-family uses ,(excluding duplexes subject to
(c)(1)(2)(3) and (4) below, r;~~ with a maximum density' 13e~een of either 40 x-r~ or 50 units per acre,
subject to the following;
(a) Residential units within 1,000 linear feet of the Tri-Rail 'T'ransit station (measured
by airline route) may comprise 100% of the total floor area of the development
master plan at a maximum density of (50) units per acre. If a portion of the parcel
is within 1,000 linear feet, this regulation shall apply to the entire parcel.
(b) Residential units between 1,001 and 2,500 linear feet of the Tri-Rail Transit
station (measured by airline route) may comprise 80% of the total floor area of
the development master plan at a maximum density of (50) units per acre and
onh~ when proposed as part of a mixed-use development containing office
and/or commercial uses. If a portion of the parcel is within 2,500 linear feet, this
regulation shall apply to the entire parcel.
(c) Residential units at a distance (measured by airline route) greater than 2500 feet of
a transit station may comprise 75`% of the total floor area of the development
master plan at a maximum density of (40) units per acre and only when proposed
as part of a mixed-use development containing office and/or commercial uses.
1. Residential developments must include a nunimum of 20% workforce units
consisting of moderate income workforce units as defined by Article 4.7
Family/Workforce Housing
3 ORD. NO. 17-11
i
2. Workforce units shall be subject to general provisions of Article 4.7.G, 4.7.7,
4.7.8, 4.7.9, and 4.7.10. Notwithstanding the above, residentially developed
sites within 1,000 linear feet (measured b}~ airline route) of the Tri-Rail
station can contain 100°% workforce housing units. If a portion of the parcel
is within 1,000 linear feet, this regulation shall apply to the entire parcel.
3. For mixed-use developments, the shared parking provisions of LDR Section
4.6.9. (C) (8) shall be allowed.
4. All residential developments shall be subject to the Performance Standards of
4.4.13 (I) (2)
(5) Hotel, Motel and Residential All Suite Lodging: "These types of uses may comprise up
to 20°,/0 of the total floor area of the overall master plan. For the purpose of calculating the percentages of
uses within the development master plan, multiple hotels, motels, and residential all suite lodging uses will be
considered one specific use categor}'~
(G) Assisted Living Facilities and Continuing Care Facilities subject to the requirements
set forth in Section 4.4.29(13)(4) a, b, and c above.
...
Section 3. That should an~~ 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
arc hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
~~
PASS ~ D .1ND 11DOPTLD ul regular session on second an final reading on t ~s the`
day of , 2011.
:1"1"I'F..ST ~\ ,C~`~ 1~1 r~ Y O
City Clerk J
First Readin ~ ~ ~~\
Second Readin ~ ~~ 0~~~ 1
4 ORD. NO. 17-11
{3) General Ketail Uses: Retail uses and/or facilities not to exceed 20% of the total
building square footage of the development, including, but not limited to:
(a) Restaurants, baked goods, books, cheeses, beer, wine, liquor, confectioneries,
cosmetics, meats, pharmacies, flowers and plants, fruits and vegetables, food,
g~ifrs, glassware, ice cream, leather goods, luggage, medical and surgical
equipment, music and musical instruments, nautical supplies, office furniture
equipment and supplies, pets and pet supplies, photographic equipment and
supplies, sewing supplies, sporting goods, toys, wearing apparel and accessories,
appliances, bicycles, business machines, jewelry.
(b) Barber and beauty shops and salons, catexers, dry cleaning limited to on-site
processing for customer pickup only, dry cleaning and laundLy pickup stations,
outdoor cafes, tailoriig, tobacconist.
(c} Galleries, butcher shops, cocktail lounges, exercise facilities, museums, libraries,
newsstands, commercial or public parking lots and parking garages.
/~~(~~' (4) Multi-family Dwelling Units: Multi-family uses including residential licensed service
~ provider facilities but excluding duplexes, subject to (c)(1){2)(3) and (4) below, ~~ with a maximum
density ~ of either 40 a-t~ or 50 wets per acre, subject to the folio g;
~S c~i ve l~~e r' S ~ rr~o ~ ~,U rr-e c ~-~ c~ c.~~ y~~ i c~~, ~ i ~~ ~.~~ -~ ~ c~
(a) Residential units within 1,000 linear feet of the Tri-Rail Transit station (measured
by airline route) may comprise 100% of the total floor area of the development
master plan at a maximum density of (50) units per acre. If a portion of the parcel
is within 1,000 linear feet, this regulation shall apply to the entire parcel.
(b) Residential units between 1,001 and 2,500 linear feet of the Tri-Rail Transit
station (measured by airline route} may comprise $0% of the total floor area of.
the development master plan at a maximum density of (50) units per acre and
only when proposed as part of a Waxed-use development containing office
and/or commercial uses. If a portion of the parcel is within 2,500 linear feet, this
regulation shall apply to the entire parcel.
(c) Residential units at a distance (measured by airline route) greater than 2500 feet of
a transit station may comprise 75% of the total floor area of the development
master plan at a maximum density of (40) units per acre and only when proposed
as part of a mixed-use development containing office and/or commercial uses.
Residential developments must include a minimum of 20% workforce units
consisting of moderate income workforce units as defined by Article 4.7
Family/Workforce Housing
ORD. NO. 17 -11
Covcrshcct Page 1 of 1
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: May 10, 2011
SUBJECT: :~~:ENDA 1'I'F,M 10.D. -REGULAR COMMISSION MEETING OF MAY 17, 2011
ORDINANCE NO. 17-11
ITEM_BEFORE COMMISSION
This ordinance is before Commission for second reading to consider a city initiated amendment to
Land Development Regulations (LDR) Section 4.4.29, "Mixed Residential Office and Commercial
(MROC) District", to clarify allowable densities.
BACKGROUND
At the first reading on May 3, 2011, the Commission passed Ordinance No. 17-11.
RECOMMENDATION
Recommend approval of Ordinance No. 17-11 on second and final reading.
http://agendas.mydelraybeach.com/Bluesheet.aspx?ItemID=4490&MeetingID=317 5/18/2011
ORDINANCE NO.17-11
AN ORDINANCE OF THE QTY COMMISSION OF THE QTY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4.4.29, "MIXED
RESIDENTIAL, OFFICE AND COMMERQAL (MROC)
DISTRICT"; TO CLARIFY THE MAXIMUM PERMITTED
DENSITIES IN THE MROC ZONING DISTRICT; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed
text amendment at a public hearing held on April 25, 2011 and voted 6 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 determined that the change is consistent with and furthers 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 Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMMISSION OF THE QTY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein
Section 2. That Article 4.4, "Base Zoning District", Section 4.4.29, "Nfixed Residential, Office and
Commercial (MROC) District," of the Land Development Regulations of the Code of Ordinances of the City
of Delray Beach, Florida, be amended to read as follows:
Section 4.4.29 Nfixed Residential, Office And Commercial (MROC) District
...
(B) Principal Uses and Structures Permitted The following types of uses are allowed within the
MROC district as permitted uses:
(1) Office Center. The "Office Center" uses within an MROC development may
comprise as much as one hundred percent (100%) of the total building square footage within the
development. These uses can include:
(a) Financial Institutions, e.g., banks, savingrs and loan establishments, brokerage firms.
(b) Medical Offices, e.g., physicians, dentists, chiropractors, podiatrists, optometrists, etc.
(c) Professional Offices, e.g., attorneys, engineering firms, architectural
(d) Govenunental offices, e.g., including federal, state, county, and local offices, along with
their related fleet and communications operations (which will be considered accessory uses
to governmental offices and services), civic centers, courthouses, fire stations, public health
facility, law enforcement offices and facilities, post office, public utility facilities,
communication towers and community facilities such as civic centers, cultural facilities,
libraries, auditoriums, museums, and public recreation facilities, and services such as day
care centers, abuse, child care centers.
(e) Business Support Services, primarily engaged in rendering services to other building
establishments, e.g., such as mailing, building maintenance, personnel and employment
services, management, and consulting services, protective services, copy and printing,
travel, office supply, and similar services.
(2) Research and Development: Research and Development (R&D) uses involve either
some degree of product creation, testing, evaluation, and development or the provision of testing and
evaluation services for use by others. R&D uses may constitute 100% of the total building square footage
within the development. Examples of such uses or resulting products include:
(a) Product Creation, Testing, Evaluation, and Development:
1. computer hardware
2. computer software
3. pharniaceuticals
(b) Research and Development Services:
1. calibration laboratories or services
2. chemical laboratories
3. commercial testing laboratories
4. soil laboratories
5. scientific research laboratories
ORD. NO. 17-I I
(3) General Retail Uses: Retail uses and/or facilities not to exceed 20% of the total
building square footage of the development, including, but not limited to:
(a) Restaurants, baked goods, books, cheeses, beer, wine, liquor, confectioneries,
cosmetics, meats, pharmacies, flogs and plants, fnrits and vegetables, food,
gifts, glassware, ice cream, leather goods, luggage, medical and surgical
equipment, music and musical instnnr~ents, nautical supplies, office furniture
equipment and supplies, pets and pet supplies, photographic equipment and
supplies, sewing supplies, sporting goods, toys, wearing apparel and accessories,
appliances, bicycles, business machines, jewelry.
(b) Barber and beauty shops and salons, caterers, dry cleaning limited to on site
processing for customer pickup only, dry cleaning and laundry pickup stations,
outdoor cafes, tailoring, tobacconist.
(c) Galleries, butcher shops, cocktail lounges, exercise facilities, museums, libraries,
newsstands, commercial or public parking lots and parking garages.
(4) Multi-family Dwelling Units: Multi-family uses excluding duplexes subject to
(c)(1)(2)(3) and (4) below, ~ with a nmaximum density ~ of either 40 a~ or 50 units per acre,
subject to the following
(a) Residential units within 1,000 linear feet of the Tri-Rail Transit station (Treasured
by airline route) may comprise 100% of the total floor area of the development
master plan at a Triaxiinum density of (50) units per acre. If a portion of the parcel
is within 1,000 linear feet, this regulation shall apply to the entire parcel.
(b) Residential units between 1,001 and 2,500 linear feet of the Tri-Rail Transit
station (measured by airline route) may comprise SO% of the total floor area of
the development master plan at a rTti~ximum density of (50) units per acre and
only when proposed as part of a rnixeduse development containing office
and/or conunercial uses. If a portion of the parcel is within 2,5001inear feet, this
regulation shall apply to the entire parcel.
(c) Residential units at a distance (measured by airline route) greater than 2500 feet of
a transit station may comprise 75% of the total floor area of the development
master plan at a ma~dmum density of (40) units per acre and only when proposed
as part of a mixed use development containing office and/or commercial uses.
Residential developments must include a minimum of 20% workforce units
consisting of moderate income workforce units as defined by Article 4.7
Family/Workforce Housing
ORD. NO. 17-1 t
2 Workforce units shall be subject to general provisions of Article 4.7.6, 4.7.7,
4.7.8, 4.7.9, and 4.7.10. Notwithstanding the above, residentially developed
sites within 1,000 linear feet (ineastu~ed by airline route) of the Tri-Rail
station can contain 100% workforce housing units. If a portion of the parcel
is within 1,000 linear feet, this regulation shall apply to the entire parcel.
3. For mixeduse developments, the shared parking provisions of LDR Section
4.6.9. (C)(8) shall be allowed.
4. All residential developments shall be subject to the Perfonriance Standards of
4.4.13(I)(2)
(5) Hotel, Motel and Residential All Suite Lodging. These types of uses may comprise up
to 20% of the total floor area of the overall master plan For the purpose of calculating the percentages of
uses within the development master plan, multiple hotels, motels, and residential all suite lodging uses will be
considered one specific use category.
(6) Assisted Living Facilities and Continuing Care Facilities subject to the regi.rirements
set forth in Section 4.4.29(B)(4) a, b, and c above.
...
Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed
Section 5. That this ordinance shall become effective iinmeediately upon its passage on
second and final reading
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2011.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
ORD. NO. 17-1 l
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Paul Dorling, AICP, Director of Planning and Zoning
THROUGH: City Manager
DATE: April 27, 2011
SUBJECT: AGENDA ITEM 12 B -REGULAR COMMISSION MEETING OF MAY 3, 20~ ~
ORDINANCE NO. 17-11
ITEM BEFORE COMMISSION
Consideration of acity-initiated amendment to the Land Development Regulations (LDRs)
that clarifies allowable densities in the Mixed Residential, Office and Commercial (MROC)
zoning district.
BACKGROUND
The current introductory statement regarding multi-family dwelling units in the MROC zoning
district states that multi-family uses (excluding duplexes), subject to detailed regulations that
immediately follow, are allowed at densities between 40 and 50 units per acre. There are
three (3) scenarios that allow varying maximum densities, each of which is based upon the
distance from the Tri-Rail Transit station. The introductory statement has been interpreted
to mean only densities between 40 and 50 are allowed rather than maximum densities of 40
and 50 depending on the properties proximity to the Tri-Rail Station. This amendment
clarifies this point.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a
finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies
of the Comprehensive Plan. While the amendment does not specifically further the Goals,
Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them.
REVIEW BY OTHERS
The Planning and Zoning Board recommended approval on a 6 to 0 vote (Mr. Glickstein
Absent) at their April 25, 2011 meeting.
RECOMMENDATION
By motion, approve Ordinance No. 17-11 on first reading for acity-initiated amendment to
the Land Development Regulations, 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://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4452&MeetingID=316[5/10/2011 12:13:01 PM]
PLANNING AND ZONING BOARD
STAFF REPORT
MEETING DATE: APRIL 25, 2011
AGENDA NO: V. C.
AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION
4.4.29(8)(4) IN ORDER TO CLARIFY THE ALLOWABLE DENSITIES IN
THE MROC ZONING DISTRICT.
ITEM BEFORE THE BOARD
The item before the Board is to make a recommendation to the City Commission regarding acity-
initiated amendment to Land Development Regulations (LDRs) that will clarify allowable densities
in the Mixed Residential, Office and Commercial (MROC) zoning 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/ANALYSIS
The current introductory statement to regulate multi-family dwelling units in the MROC zoning
district opens by stating that multi-family uses (excluding duplexes),subject to detailed regulations
that immediately follow, are allowed at densities between 40 and 50 units per acre. There are
three (3) scenarios that allow varying maximum densities, each of which is based upon the
distance from the Tri-Rail Transit station.
The introductory statement has been interpreted to mean only densities between forty and fifty are
allowed rather than maximum densities of 40 and 50 depending on the properties proximity to the
Tri-Rail Station. This amendment clarifies this point.
~ REQUIRED FINDINGS ~
Comprehensive Plan Conformance
LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan. A thorough review of the Comprehensive Plan was conducted and while
there are no specific sections to which this amendment would be found consistent, the amendment
is not inconsistent with the Comprehensive Plan.
REVIEW BY OTHERS
Courtesy Notices
Courtesy notices were provided to the following homeowner and civic associations:
^ Neighborhood Advisory Council
^ Progressive Residents of Delray (PROD)
Planning and Zoning Board Meeting, April 25, 2011
LDR Amendment - MROC Densities
A. Continue with direction.
B. Move a recommendation of approval to the City Commission of the amendment to Land
Development Regulations, Section 4.4.29(6)(4) In Order To Clarify The Allowable
Maximum Densities In the MROC Zoning District Depending Upon Proximity To A Transit
Station, 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)
C. Move a recommendation of denial to the City Commission of the amendment to Land
Development Regulations, Section 4.4.29(6)(4) In Order To Clarify The Allowable
Maximum Densities In the MROC Zoning District Depending Upon Proximity To A Transit
Station, by adopting the findings of fact and law contained in the staff report, and finding that
the text amendment and approval thereof is inconsistent with the Comprehensive Plan and
does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the
affirmative).
Recommend approval of the amendment to Land Development Regulations, Section 4.4.29(6)(4)
In Order To Clarify The Allowable Maximum Densities In the MROC Zoning District
Depending Upon Proximity To A Transit Station, 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).
Attachment:
Proposed Ordinance
2