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Ord 22-12ORDINANCE NO. 22 -12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY ENACTING A NEW SECTION 4.5.20, "WATERFORD OVERLAY DISTRICT ", TO CREATE A NEW OVERLAY DISTRICT; AMENDING SECTION 4.4.25, "SPECIAL ACTIVITIES DISTRICT (SAD) ", SUBSECTION (E), "SUPPLEMENTAL DISTRICT REGULATIONS ", TO RESTRICT THE NONRESIDENTIAL DEVELOPMENT INTENSITY AND RESIDENTIAL DENSITY WITHIN THE WATERFORD OVERLAY 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 June 18, 2012 and voted 4 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 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 4.5.20, "Waterford Overlay District", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby enacted to read as follows: Section 4.5.20 Waterford Overlay District (A) Defined: The Waterford Overlay District is hereby established to include the following area: Parcel `B" as set forth on the plat of Waterford Park, recorded in Plat Book 91 at Pages 119 and 120 of the public records of Palm Beach County, Florida. (B) Map of Overlay District L I N TO N 8 0 U L E V A R D D OU78ACK I ' HOMEGOODS I, LIN TON CENTER -j -- F TARGET 1 HOME y- !1 DEPOT If 1 t1 1' 1 ALTA 1 MEADOWS (� i P t P t i< Section 3. That Section 4.4.25, "Special Activities District (SAD) ", Subsection (E), "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: (E) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply except as modified by the following: (1) Parking and loading requirements (number of spaces) shall be as set forth on the site and development plan. (2) Waterford Overlay District: Within the Waterford Gyerlay District, as defined by Section 4.5.20(A), non - residential development intensity in non - residential or mixed -use developments shall be limited to a maximum Floor Area Ratio (FAR) of 1.32. Residential development in free- standing residential and mixed -use developments shall not exceed 12 units per acre. ORD. NO. 22 -12 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. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED ND ADOPTED in regular session on second and final reading on this the day of 0 '2012. fah ATTEST MAYOR City Clerk i� First Readin -:D(D/ Z Second Readin 3 ORD. NO. 22-12 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 19, 2012 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF AUGUST 7, 2012 ORDINANCE NO. 22-12 ITEM BEFORE COMMISSION Page 1 of 1 This ordinance is before Commission for second reading to consider a p rivately initiated amendment to the Land Development Regulations (LDR) to create Section 4.5.20, "Waterford Overlay District" and amend Section 4.4.25 "Special Activities District (SAD) ", Subsection (E) "Supplemental District Regulations" to limit the non - residential Floor Area Ratio (FAR) to 1.32 and residential density to 12 units per acre within the Waterford Overlay District, located south of Linton Boulevard, east of I -95. BACKGROUND At the first reading on July 5, 2012, the Commission passed Ordinance No. 22 -12. RECOMMENDATION Recommend approval of Ordinance No. 22 -12 on second and final reading. http:// itwebapp /AgendalntranetBluesheet .aspx ?ItemlD = 5795 &MeetingID =3 84 8/9/2012 ORDINANCE NO. 22 -12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY ENACTING A NEW SECTION 4.5.20, "WATERFORD OVERLAY DISTRICT", TO CREATE A NEW OVERLAY DISTRICT; AMENDING SECTION 4.4.25, "SPECIAL ACTIVITIES DISTRICT (SAD) ", SUBSECTION (E), "SUPPLEMENTAL DISTRICT REGULATIONS ", TO RESTRICT THE NONRESIDENTIAL DEVELOPMENT INTENSITY AND RESIDENTIAL DENSITY WITHIN THE WATERFORD OVERLAY 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 June 18, 2012 and voted 4 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 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 4.5.20, "Waterford Overlay District ", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby enacted to read as follows: Section 4.5.20 Waterford Overlay District (Al Defined: The Waterford Overlay District is hereby established to include the following area: Parcel "B" asset forth on the plat of Waterford Park, recorded in Plat Book 91 at Pages 119 and 120 of the public records of Palm Beach County, Florida. (B) Map of Overlay District L I N T 0 N B 0 U L E V A R U D OUTBACK OMF_G0005 If LINTON CENTER O S TARGET j HCUE DEPOT WATERFORD PARK �S ALTA MEADOWS r \ a � � 3 Section 3. That Section 4.4.25, "Special Activities District (SAD) ", Subsection (E), "Supplemental District Regulations ", of the Land Development Regulations of the City of Delray Beach, Florida, be and the saint is hereby amended to read as follows: (E) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply except as modified by the following: (1) Parking and loading requirements (number of spaces) shall be as set forth on the site and development plan. (2) Waterford Overlav District: Within the Waterford Overlav District, as defined by Section 4.5.200, non - residential development intensity in non - residential or mixed -use developments shall be limited to a maximum Floor Area Ratio (FAR) of 1.32. Residential development in free- standinz residential and mixed -use developments shall not exceed 12 units ner acre. ORD. NO. 22-12 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. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2012. ATTEST City Clerk First Reading Second Reading 3 MAYOR ORD. NO. 22-12 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: June 26, 2012 SUBJECT: AGENDA ITEM 12.C. -REGULAR COMMISSION MEETING OF JULY 5, 2012 ORDINANCE NO. 22-12 ITEM BEFORE COMMISSION Page 1 of 2 Approval of a privately- initiated amendment to the Land Development Regulations (LDRs) that will restrict the nonresidential development intensity and residential density on properties within a newly created Waterford Overlay District, located south of Linton Boulevard, east of I -95, to a maximum nonresidential Floor Area Ratio (FAR) of 1.32 and a maximum residential density of 12 units per acre. BACKGROUND Comprehensive Plan Amendment 2010 -1, adopted by the City Commission on December 14, 2010, included a privately- initiated Future Land Use Map (FLUM) Amendment and associated text amendment for the subject property. The FLUM amendment changed the designation of the property from TRN (Transitional) to GC (General Commercial), and the text amendment modified the description of the General Commercial FLUM designation to limit the nonresidential development intensity on the property to an FAR of 1.32. This maximum intensity was set to ensure that traffic concurrency could be achieved on the property at its maximum development potential. No changes were made to the residential potential of the property, so the maximum density will remain at 12 units per acre. The proposed LDR text amendment is required to support the changes to the Comprehensive Plan adopted with Plan Amendment 2010 -1. Under the proposed text amendment, the following two changes are being made: • Article 4.5, "Overlay and Environmental Management Districts" of the Land Development Regulations is being modified to create the new overlay district on the subject property. The location of the overlay district is defined within the new Section 4.5.20, "Waterford Overlay District ". • Section 4.4.25, "Special Activities District (SAD) ", Subsection (E), "Supplemental District Regulations" is being amended to add a new regulation restricting development within the http: // itwebapp /AgendaIntranetBluesheet .aspx ?ltemlD = 5728 &MeetingI D -3 81 7/19/2012 Coversheet Page 2 of 2 Waterford Overlay District to a maximum nonresidential Floor Area Ratio (FAR) of 1.32 and a maximum residential density of 12 units per acre. REVIEW BY OTHERS The Planning and Zoning Board reviewed the item at its June 18, 2012 meeting and made a recommendation of approval on a 4 -0 vote. RECOMMENDATION By motion, approve Ordinance No. 22 -12 on first reading for a privately- initiated amendment to the Land Development Regulations to create Section 4.5.20, "Waterford Overlay District' and amend Section 4.4.25 "Special Activities District (SAD) ", Subsection (E), "Supplemental District Regulations" to limit the nonresidential Floor Area Ratio (FAR) within that overlay district to a maximum of 1.32 and the residential density to a maximum of 12 units per acre, 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(NI). http: // itwebapp /AgendaIntranetBluesheet .aspx ?ItemID = 5728 &MeetingID=3 81 7/19/2012 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: JUNE 18, 2012 AGENDA NO: V. D. AGENDA ITEM: CONSIDERATION OF A PRIVATELY - INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO CREATE SECTION 4.5.20, "WATERFORD OVERLAY DISTRICT" AND AMEND SECTION 4.4.25 "SPECIAL ACTIVITIES DISTRICT (SAD) ", SUBSECTION (E), "SUPPLEMENTAL DISTRICT REGULATIONS" TO LIMIT THE FLOOR AREA RATIO (FAR) AND RESIDENTIAL DENSITY WITHIN THE WATERFORD OVERLAY DISTRICT, LOCATED SOUTH OF LINTON BOULEVARD, EAST OF 1 -95. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a privately- initiated amendment to Land Development Regulations (LDRs) that will restrict the nonresidential development intensity and residential density on properties within a newly created Waterford Overlay District, located south of Linton Boulevard, east of 1 -95, to a maximum nonresidential FAR of 1.32 and a maximum residential density of 12 units per acre. 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 Comprehensive Plan Amendment 2010 -1, adopted by the City Commission on December 14, 2010, included a privately- initiated Future Land Use Map (FLUM) Amendment and associated text amendment for the subject property. The FLUM amendment changed the designation of the property from TRN (Transitional) to GC (General Commercial), and the text amendment modified the description of the General Commercial FLUM designation to limit the nonresidential development intensity on the property to an FAR of 1.32. This maximum intensity was set to ensure that traffic concurrency could be achieved on the property at its maximum development potential. No changes were made to the residential potential of the property, so the maximum density will remain at 12 units per acre. The proposed LDR text amendment is required to support the changes to the Comprehensive Plan adopted with Plan Amendment 2010 -1. Under the proposed text amendment, the following two changes are being made: • Article 4.5, "Overlay and Environmental Management Districts" of the Land Development Regulations is being modified to create the new overlay district on the subject property. The location of the overlay district is defined within the new Section 4.5.20, "Waterford Overlay District'. Planning and Zoning Board Meeting, June 18, 2012 LDR Text Amendment - Waterford Overlay District • Section 4.4.25, "Special Activities District (SAD) ", Subsection (E), "Supplemental District Regulations" is being amended to add a new regulation restricting development within the Waterford Overlay District to a maximum nonresidential Floor Area Ratio (FAR) of 1.32 and a maximum residential density of 12 units per acre. 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. The proposed text amendment implements the description of the General Commercial Future Land Use Map designation in the Future Land Use Element of the Comprehensive Plan stated as follows: General Commercial. This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special overlay district between Federal Highway and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses, except as indicated within the following overlay districts: • Four Corners Overlay District - For mixed -use development within this overlay district, the nonresidential component is limited to an FAR of 2.0 • Silver Terrace Courtyards Overlay District - Nonresidential development is limited to an FAR of 0.75 • Lintco Development Overlay District - Nonresidential development is limited to an FAR of 0.36. • Waterford Overlay District - Nonresidential development is limited to an FAR of 1.32. Residential uses may comprise up to 15% of the total floor area of the General Commercial Land Use designation. Residential uses are permitted either in conjunction 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 (Lindell /Federal Highway) where residential densities may be allowed up to a maximum of 16 units per acre subject to Conditional Use approval and the criteria outlined in the Redevelopment Plan for that area and within the Silver Terrace Courtyards Overlay District where residential densities may be allowed up to a maximum of 22 units per acre subject to Conditional Use approval. Areas with the General Commercial designation, located within a workforce housing overlay district, may also exceed 12 units per acre up to a maximum of 30 units per acre within the Four Corners Overlay District and 18 units per acre within the infill workforce housing area, by obtaining density bonuses through the provision of workforce housing units. Pursuant to the above, a positive finding can be made with respect to LDR Section 2.4.5(M)(5). REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: • Neighborhood Advisory Council • Delray Citizens' Coalition • Linton Ridge Planning and Zoning Board Meeting, June 18, 2012 LDR Text Amendment - Waterford Overlav District • Southridge • Southridge Village • Waterford Apartments • Tierra Verde at Delray Beach Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed ordinance will create a new overlay district and restrict development intensity within that overlay district in support of the description of the General Commercial Future Land Use Map designation within the Future Land Use Element of the Comprehensive Plan. A positive finding can be made with respect to LDR Section 2.4.5(M)(5). 1��7kql1-.,% 111 VA 2WIT61 I IQ I, A. Continue with direction. B. Move a recommendation of approval to the City Commission of a privately- initiated amendment to the Land Development Regulations to create Section 4.5.20, "Waterford Overlay District" and amend Section 4.4.25 "Special Activities District (SAD) ", Subsection (E), "Supplemental District Regulations" to limit the nonresidential floor area ratio (FAR) within that overlay district to a maximum of 1.32 and the residential density to a maximum of 12 units per acre, 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 a privately- initiated amendment to the Land Development Regulations to create Section 4.5.20, "Waterford Overlay District" and amend Section 4.4.25 "Special Activities District (SAD) ", Subsection (E), "Supplemental District Regulations" to limit the nonresidential floor area ratio (FAR) within that overlay district to a maximum of 1.32 and the residential density to a maximum of 12 units per acre, 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). RECOMMENDED ACTION Move a recommendation of approval to the City Commission of a privately- initiated amendment to the Land Development Regulations to create Section 4.5.20, "Waterford Overlay District" and amend Section 4.4.25 "Special Activities District (SAD) ", Subsection (E), "Supplemental District Regulations" to limit the nonresidential floor area ratio (FAR) within that overlay district to a maximum of 1.32 and the residential density to a maximum of 12 units per acre, 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 No. 22 -12 B O U L E VAR D L I N T 0 N D OUTBACK Lf HOMEGOODS LIN TON CENTER ^� �o Pte. �o �P 0 TARGET HOME DEPOT WATERFORD PARK AL TA MEADOWS R� P� N PLANNING AND ZONING WATERFORD DEPARTMENT LOCATION MAP -- D/C/TAL BASE MAP SYSTEM -- MAP REF: S: \Planning k Zoning \DBMS \File— Cob \Z —LM 1000- 1500 \LM1197A— Woterford