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Ord 07-05 (" /~ ORDINANCE NO. 7-05 I, AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE ORDINANCES, BY AMENDING SUBSECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX"; SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT" AND APPENDIX "A", "DEFINITIONS", IN ORDER TO IMPLEMENT PROVISIONS OF THE SOUTHWEST AREA NEIGHBORHOOD REDEVELOPMENT PLAN REGARDING DENSITY AND USES; 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 January 24, 2005, 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 CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.3.4, "Base District Development Standards", Subsection 4.3.4.(K), "Development Standards Matrix", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: tn ~ o æ ~ tn Õ C) z Z o N ~ ~ Z W C (ñ W 0:: ~~ 0::" ~ § :&~ ,g tnë C ~ ~~ C~ ~1 ~-g tnj ~~ Zeu Wë :& .- Q.~ O~ ¡¡jÊ >~ W·!!! 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That Section 4.4.6, "Medium Density Residential District", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 4.4.6 Medium Densitv Residential (RM) District: (A) Purpose and Intent: The Medium Density Residential (RM) District provides a residential zoning district with flexible densities having a base of six (6) units per acre and a maximum of twelve (12) units per acre, except within the Southwest Neiahborhood Overlay District where the maximum density is twenty-four (24) units per acre. The actual density of a particular RM development is based upon its ability to achieve certain performance standards which are intended to mitigate the impacts of the increased density and ensure that the project is compatible with surrounding land uses. Within the Southwest Neiahborhood Overlay District. the Southwest 10th Street Overlay District. and the Carver Estates Overlay district. the actual density is also based upon the development's ability to comply with Article 4.7 (FamilylWorkforce Housina). Further, the Medium Density Residential District provides for implementation of those objectives and policies contained within the Housing Element of the Comprehensive Plan which call for accommodating a variety of housing types. (B) Principal Uses and Structures Permitted: The following types of use are allowed within the (RM) District as a permitted use: (1) Single family detached dwellings. (2) Duplex structures. (3) Multiple family structures. (4) An abused spouse residence with twelve (12) or fewer residents. (5) Group Homes, Types 1 and 2, and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(1). (6) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. (7) Pocket parks. (8) Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3 (HH). (" /~ (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog runs, garages, greenhouses, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, workshops, swimming pools, and home occupations. (2) Family day care pursuant to restrictions set forth in Section 4.3.3(T) (Child care, up to five children). (3) Home tutorial services subject to the restrictions set forth in Section 4.3.3.(KK). (4) Recreational facilities attendant to a subdivision which is operated under a bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, and private golf courses. (5) The rental or lease of a boat dock when the dock is assigned to, or on the same lot as, each residential use on a one-to-one basis (6) structu re. Guest cottages, only when accessory to a single family detached (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RM District. (1) Adult congregate living facilities and continuing care facilities. (2) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). (3) Child care and adult day care. (4) Private educational facilities subject to the restrictions set forth in Section 4.3.3(HHH). (5) Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses may be established by a separate conditional use application for child care or rezoning to CF, as appropriate. ('" /, I (6) Convalescent homes, homes for the aged, nursing homes, and rest homes. (7) The use of common recreational facilities such as swimming pools, tennis courts, and golf courses (associated with a subdivision) for club or commercial purposes. (8) Single family detached residences in zero lot developments. (9) Yacht club with facilities. (10) Dock master facilities when associated with a multi-family development which has a marina. (11) Private beach clubs with attendant recreational, dining, and related accessory facilities within the area lying south of Atlantic Dunes Park and east of State Road A1A. (12) Multiple family residential development may exceed twelve (12) units per acre, UP to a maximum of UP to twenty-four (24) units per acre within the Southwest Neiahborhood Overlay District defined in Section 4.5.9, subiect to the provisions of Section 4.4.6(1), Article 4.7, and based upon the development's conformance with the applicable standards and criteria described within the adopted Southwest Area Neiahborhood Redevelopment Plan. (E) Review and Approval Process: (1) Single family and duplex uses and accessory uses thereto shall be allowed upon application to and approval by the Chief Building Official for structures which require a building permit and which otherwise comply with applicable use restrictions. (2) Multiple family uses and structures must be approved by the Site Plan Review and Appearance Board pursuant to the provisions of Section 2.4.5(F), 2.4.5(H), and (I). (3) The creation of a new lot for the purpose of building a single family residence requires platting pursuant to 2.4.5(J) or (K), as applicable. (4) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). ( "'. /') (F) Development Standards: (1) The provisions for the R-1-A District shall apply for single family detached dwellings. (2) The development standards as set forth in Section 4.3.4 shall apply for duplex and multi-family development. except as modified herein. (3) Southwest Neiahborhood Overlav District Development Standards: The followina development standards apply in the Southwest Neiahborhood Overlay District as defined in Section 4.5.9: (a) Setbacks: (n Front: 15' (in Side (street): 15' (iii) Side (Interior): 1 and 2 stOry - 10' 3 stOry - 15' (iv) Rear: 10' (b) Setbacks for Garaaes. Carports and Porte-Cocheres: Garaaes. carports and porte-cocheres must have a minimum 20' setback when the entrance faces a public street or alley. (c) Porch Encroachments: Front porches may extend 5' into the front or side street setback and cannot OCCUpy more than 500/0 of the buildina frontaae and cannot be enclosed in any manner. (G) Supplemental District Reaulations: In addition to +the supplemental district regulations-as set forth in Article 4.6. the followina supplemental district reculations shall apply in the RM zone district. I' (1) Southwest Neiahborhood Overlav District: The followinQ supplemental district reaulations shall apply in the Southwest Neiahborhood Overlay District as defined in Section 4.5.9: (a) Parkinc in the front yard is discouraced. No Darkinc shall be allowed in the front yard unless there is no dedicated access to the side or rear of the property. (b) When Qaraces are provided in the side or rear yards. on-street parkinc must be provided. ( "', /~ (H) Special Reaulations: (1) A minimum density of six units per acre is established for duplex and multiple family housing projects within this district. Density may exceed the base of six (6) units per acre only after the approving body makes a finding that the project has substantially complied with performance standards as listed in 4.4.6(1). In no event shall a development's total density exceed 12 units per acre. except within the Southwest Neiahborhood Overlay District. The density for a specific RM development may be further limited by a numerical suffix affixed to the designation and shown on the zoning map (Le. RM-8 limits the density to eight units per acre). To seek a density greater than allowed by the suffix, it is necessary to rezone the property. (2) Notwithstanding the above, a duplex may be situated upon a platted lot pursuant to Section 4.3.4(1)(3)(b) ! Ii (3) Recreational areas shall be required for all new rental apartment developments, and of owner occupied developments which have homeowner associations that must care for retention areas, private streets, or common areas. New developments must include recreational features that are designed to accommodate activities for children and youth of all age ranges. Tot lots are appropriate for toddlers; features such as a basketball court, volleyball court, and open playfields are appropriate for older children. A pool and clubhouse, unless specifically designed for children, is not considered to meet this requirement. Projects having fewer than twenty-five (25) units may be exempted from this standard where it is determined by the approving body that it is not practical or feasible to comply. (4) The height of accessory structures shall not exceed the height of the associated principal structure. Screen enclosures without a solid roof are excluded from this limit. (5) The floor area of an accessory structure shall not exceed 400/0 of the floor area of the principal structure. (6) Densitv Bonuses. Density bonuses may be granted 38 :J Conditional Yse--to eligible properties governed by regulations set forth in Chapter 4, "Zoning Regulations", "FamilylWorkforce Housing" as discussed below: I; (a) Southwest Neiahborhood Overlav District: Density bonuses above 12 units per acre may be aranted as a Conditional Use to eliaible properties within the Southwest Neiahborhood Overlay District defined in Section 4.5.9. subiect to the reaulations set forth in Chapter 4. "Zonina Reaulations". "FamilylWorkforce Housina". ('" /"\ , (b) S.W. 10th Street and Carver Estates Overlav Districts: Within the S.W. 10th Street and Carver Estates Overlay District defined in Section 4.5.10 and 4.5.11, in addition to the performance standards listed in Section 4.4.6(1), increases to a proiect's density beyond six (6) units per acre is subiect to the reaulations set forth in Chapter 4, "Zoninc Reaulations", "Family/Workforce Housina". (I) Periorrnance Standards: (1) These standards shall apply to all site plans approved subsequent to October 7, 1997, and for modifications to existing developments which involve the creation of additional residential units. In order to increase a project density beyond six (6) units per acre, the approving body must make a finding that the development substantially complies with the performance standards listed in this section. The intent of the standards is to mitigate the impacts of the additional density both internal and external to the site. The extent to which a project meets the standards will determine the number of units per acre that will be permitted. For example, if a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of the City's Comprehensive Plan and Land Development Regulations, the maximum density is permitted. Projects which only partially achieve these standards will be permitted a correspondingly lower density. The performance standards are as follows: (a) The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exists into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. (b) Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. (c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 250/0 of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25%_or (" /'" more; and a hedge, wall or fence is provided as a visual buffer between the properties. (d) The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. (e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi-family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. Ii (f) The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas which provide open space and native habitat are created and incorporated into the project. (g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. I (2) It is acknowledged that some of the above referenced standards may not be entirely applicable to small, infill type residential projects. For those types of projects, the ultimate density should be based upon the attainment of those standards which are applicable, as well as the development's ability to meet or exceed other minimum code requirements. (3) For vacant property that is proposed for rezoning to RM with a density suffix, the approving body must made a finding that the proposed density is appropriate based upon the future land use map designations of surrounding property as well as the prevailing development pattern of the surrounding area. Section 4. That Appendix "A", "Definitions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (' '. /~ ADDendix A - Definitions Porch -A covered but unenclosed Droiection from the main wall of a buildina that may or may not use columns or other around SUDDorts for structural DurDoses. Section 5. 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 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this ordinance shall become effective immediately upon its passage on second and final reading. \~SED AN~ in regular session on second and final reading on this the ~'" day of . \ ' 2005-. ~lb ~OR "- ATTEST: ~ \). ~~ City Clerk First Reading 'i. \\'C)S Second Reading ~\\~\C)S " MEMORANDUM FROM: MAYOR AND CITI COMMISSIONERS CITI MANAGER f/17.J\. AGENDA ITEM # \0 Þ\. - REGULAR MEETING OF FEBRUARY 15.. 2005 ORDINANCE NO. 7-05 (SECOND READING/SECOND PUBLIC HEARING) TO: SUBJECT: DATE: FEBRUARY 11, 2005 This Ordinance is before Commission for second reading and second public hearing for a City initiated amendment to Land Development Regulations (LDR) Appendix "A", Section 4.3.4(K), "Development Standards Matrix", and Section 4.4.6, "Medium Density Residential (RM) District", modifying the development standards in conjunction with the implementation of the Southwest Area Neighborhood Redevelopment Plan. In order to realistically accommodate densities up to 24 units per acre for workforce housing within the recendy adopted Southwest Neighborhood Overlay District, the RM (Medium Density Residential) zoning district development standards must be modified. The proposed amendment reduces the current setback requirements as follows: · Reduces the front and side street setbacks from 25' (1 & 2 story) and 30' (3 story) to 15' · Reduces the side interior setback from 15' (1 & 2 story) to 10' and from 30' (3 story) to 15' · Reduces the rear setback from 25' to 10' The amendment provides a definition of "porch" and will allow front porches to extend 5' into the setback. The required setback for a garage, carport, or porte-cochere will be 20' when the entrance faces a street or alley. The balance of the structure will maintain a 10' setback. On January 24, 2005, the Planning and Zoning Board held a public hearing in conjunction with the request. One member of the public spoke in support of the amendment, but felt the requirement to provide 20' setbacks behind the garage doors adjacent to the alley was excessive. They also felt the front porch should be able to extend 7.5' into the front setback rather than 5' and the porch should be able to occupy more than 50% of the property frontage. The 20' setback for garages will prevent people from parking in a substandard area and encroaching into adjacent travel lanes. Limiting the porches to 5' will ensure that there is adequate area for landscaping and utilities, and that additional articulation is provided on the elevations facing the street. The Board voted 5-0 to recommend that the request be approved as proposed by adopting the findings of fact and law contained in the staff report, finding that the request will further the Goals, Objectives, and Policies of the Comprehensive Plan and the Southwest Area Neighborhood Redevelopment Plan, and meets the criteria set forth in Land Development Regulations (LDR) Section 2.4.5(M) (Amendment to Land Development Regulations). At the first reading on February 1,2005, the City Commission passed the Ordinance No.7-OS. Recommend approval of Ordinance No.7-OS on second and final reading. S:/City Clerk/Agenda Memos/Ord 7-05 Modifying RM Zoning for SW Area Redevelopment02.15.05 TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION DAV@~~N' 11)' MANAGER PA~eDORLI ,I TOR OF PLANNING AND ZON JEFFREY A. COST 0, ASSISTANT PLANNING DIRE MEETING OF FEBRUARY 1, 2005 CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS MODIFYING RM (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT DEVELOPMENT STANDARDS IN CONJUNCTION WITH THE IMPLEMENTATION OF THE SOUTHWEST AREA NEIGHBORHOOD REDEVELOPMENT PLAN. ~ I BACKGROUND In order to realistically accommodate densities up to 24 units per acre for workforce housing within the recently adopted Southwest Neighborhood Overlay District, the RM (Medium Density Residential) zoning district development standards must be modified. The proposed amendment reduces the current setback requirements as follows: · The front and side street setbacks will be reduced from 25' (1 & 2 story) and 30' (3 story) to 15'; · Reduces the side interior setback from 15' (1 & 2 story to 10' and from 30' (3 story) to 15'; · Reduces the rear setback will be reduced from 25' to 10'. The amendment provides a definition of "porch" and will allow front porches to extend 5' into the setback. The amendment includes a provision that requires a 20' setback for a garage, carport or porte- cochere when the entrance faces a street or alley. This is to ensure there is adequate room for guest/residents to park in the driveways, without vehicles encroaching into the right-of-way. This requirement would continue to allow the balance of the structures to maintain a 10' setback. Parking in the front yard is discouraged unless there is no dedicated access to the side or rear of the property. Also, when parking is provided in the rear on-street parking must be provided. Positive findings can be made with respect to LDR Section 2.4.5(M)(5), as the proposed text amendment will further the Goals, Objectives, and Policies of the Comprehensive Plan, and the Southwest Area Neighborhood Redevelopment Plan. Additional background and a detailed analysis of the text amendment are provided in the attached Planning and Zoning Board staff report. PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board held a public hearing regarding this item at its meeting of January 24, 2005. There was a member of the public who supported the amendment, but felt the requirement to provide 20' setbacks behind the garage doors adjacent to the alley was excessive. They also felt the front porch should be able to extend 7.5' into the front setback rather than 5' and that the front porch should be able to occupy more than 50% of the property frontage. Without a required 20' setback for garages we would find that the minimum 10' setback would be provided encouraging people to park in this substandard area and encroaching into adjacent travel lanes. The regulations concerning the porches, limiting them to 5', are to ensure there is adequate area for landscaping/street trees and utilities, and that additional articulation is provided on the elevations facing the street. The Board voted 5-0 (Kincaide absent), to recommend to the City Commission approval of the proposed amendment as proposed by adopting the findings of fact and law contained in the staff report. \ \::JA City Commission Documentation Meeting of February 1, 2005 LDR Amendment - RM zone district regarding Southwest Neighborhood Overlay District Page 2 RECOMMENDED ACTION Move to approve the amendment to the Land Development Regulations Appendix "A", Section 4.3.4(K) (Development Standards Matrix) and Section 4.4.6 RM (Medium Density Residential) zoning district regulations 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 2.4.5(M) of the Land Development Regulations, with second reading to occur on February 15, 2005. Attachments Proposed Ordinance & Planning & Zoning Board Staff Report of January 24, 2005 OElRA\' BEACH ~;'A~" iijir 19')J 7unl PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT OUR....y BE....CH ~A.;.. ifITr 1"<1) 'DOl MEETING OF: JANUARY 24, 2005 AGENDA ITEM: IV.G. CITY INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS APPENDIX "A" (DEFINITIONS), SECTION 4.3.4(K) (DEVELOPMENT STANDARDS MATRIX) AND SECTION 4.4.6 RM (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT REGULATIONS MODIFYING THE DEVELOPMENT STANDARDS IN CONJUNCTION WITH THE IMPLEMENTATION OF THE SOUTHWEST AREA NEIGHBORHOOD REDEVELOPMENT PLAN. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding a city-initiated amendment to the Land Development Regulations Appendix "A", Section 4.3.4(K) (Development Standards Matrix) and Section 4.4.6 RM (Medium Density Residential) zoning district regulations modifying the development standards in conjunction with the implementation of the Southwest Area Neighborhood Redevelopment Plan, pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the LDRs may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND I ANALYSIS Background: At its meeting of June 3, 2003, the City Commission adopted the Southwest Area Neighborhood Redevelopment Plan, which establishes a blueprint for the revitalization and stabilization of the area generally bounded by West Atlantic Avenue on the north, SW 10th Street on the south, Interstate 95 on the west, and Swinton Avenue on the east. The Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. IV. G_ Planning & Zoning Board Memorandum Staff Report LDR Amendment - RM regulations regarding Southwest Neighborhood Overlay District Page 2 Within the Northwest Quadrant sub-area, a goal is to provide significant redevelopment with both ownership and rental opportunities for residents with a mix of incomes and lifestyles. During the development of the Neighborhood Plan, it was acknowledged that incentives are needed to attract the redevelopment activity anticipated by the plan and accommodate the desired mix of housing. It was also acknowledged that any potential increases in density (greater than the current maximum of 12 units per acre) would only occur for the area north of SW 2nd Street, which is currently zoned RM (Medium Density Residential) and allows multiple family development. This area serves as a transition from the higher intensity commercial area along West Atlantic Avenue and the single family zoned area south of SW 2nd Street. In order to implement directives of the Plan, on October 19, 2004, the City Commission approved Comprehensive Plan Amendment 2004-2 which included text changes to the Residential Medium land use description to allow increases in densities between 12 and 24 units per acre in an overlay district in the area north of SW 2nd Street, between 1-95 and Swinton Avenue, south of the West Atlantic Avenue commercial area. Concurrent with the Comprehensive Plan amendment an ordinance was being formulated to create a density bonus program requiring the provision of workforce housing (consisting of very low income, low income and moderate income households) for increases in density within the overlay district. The accommodation of workforce housing is also consistent with the adopted Southwest Area Neighborhood Redevelopment Plan. At its meeting of December 6, 2004, the City Commission adopted the Family/Workforce Housing ordinance. The ordinance includes the creation of three overlay districts in which density bonuses are awarded for the provision of workforce housing. The three districts include the Southwest Neighborhood Overlay District, Southwest 10th Street Overlay District, and Carver Estates Overlay District. The goal of each of the Districts is to provide opportunities for existing residents to remain in the area and assure that as development occurs an affordable workforce housing component is included. In the Southwest Neighborhood Overlay District, the density bonus program would allow additional density above 12 units to the acre to a maximum of 24 units per acre, as a conditional use based upon provision of workforce housing units. Within the Carver Estates and Southwest 10th Street Overlay Districts, a maximum of 12 units per acre is allowed where developments substantially meet the existing performance standards as well as provide a minimum of 200/0 workforce housing units. Per the adopted Family/Workforce Housing Ordinance, the workforce housing units are to be compatible in exterior design, appearance, construction and quality of materials and contain comparable HVAC systems and appliances as the proposed market units.. In order to accommodate the allowed densities within the Southwest Neighborhood Overlay District, the RM (Medium Density Residential) zoning Planning & Zoning Board Memorandum Staff Report LDR Amendment - RM regulations regarding Southwest Neighborhood Overlay District Page 3 district must be modified to allow as a conditional use a development to increase density above 12 units per acre up to 24 units per acre. The amendment modifies certain development standards so that 24 units per acre can be accommodated. Current RM zone district development standards are more suburban than urban in character, which could not accommodate the increases in density to accommodate the desired type of workforce housing. Thus, the amendment proposes reducing the current setback requirements as follows: · The front and side street setbacks will be reduced from 25' (1 & 2 story) and 30' (3 story) to 15'; · Reduces the side interior setback from 15' (1 & 2 story to 10' and from 30' (3 story) to 15'; · Reduces the rear setback will be reduced from 25' to 10'. In addition, the proposed amendment provides a definition of "porch" and will allow front porches to encroach 5' into the front or side street setback. The amendment includes a provision that requires a 20' setback for a garage, carport or porte-cochere when the entrance faces a street or alley. This is to ensure there is adequate room for guest/residents to park in the driveways, without vehicles encroaching into the right-of-way. Parking in the front yard is discouraged unless there is no dedicated access to the side or rear of the property. Also, when parking is provided in the rear on-street parking must be provided. Pursuant to LDR Section 2.4.5(M)(5), approval of an LOR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. A review of the goals, objectives and policies of the City's Comprehensive Plan were conducted and the proposed amendment furthers the following policy as well as the adopted Southwest Area Neighborhood Redevelopment Plan. Future Land Use Element Policy C-1.7 The following pertains to the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic A venue on the north, SW 1 dh Street on the south, Interstate 95 on the west, and Swinton Avenue on the east. Many of parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint Planning & Zoning Board Memorandum Staff Report LOR Amendment - RM regulations regarding Southwest Neighborhood Overlay District Page 4 for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. REVIEW BY OTHERS Community Redevelopment Agency At its meeting of January 13, 2005, the CRA Board reviewed and recommended approval of the proposed text LDR amendment. West Atlantic Redevelopment Coalition: At its meeting of January 12, 2005, the WARC Board reviewed the proposed LDR text amendment. The consensus of the Board was to support the LDR amendment. Courtesy Notices: Courtesy Notices were provided to the following Civic Associations: . PROD (Progressive Residents of Delray . President's Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ALTERNATIVE ACTIONS 1. Continue with direction. 2. Move to recommend to the City Commission approval of the attached amendment to the Land Development Regulations Appendix "A", Section 4.3.4(K) (Development Standards Matrix) and Section 4.4.6 RM (Medium Density Residential) zoning district regulations 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 2.4.5(M) of the Land Development Regulations. 3. Move to recommend to the City Commission denial of the attached amendment to the Land Development Regulations Appendix "A", Section 4.3.4(K) (Development Standards Matrix) and Section 4.4.6 RM (Medium Density Residential) zoning district regulations by adopting the findings of Planning & Zoning Board Memorandum Staff Report LDR Amendment - RM regulations regarding Southwest Neighborhood Overlay District Page 5 fact and law contained in the staff report and finding that the request is in consistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION Move to recommend to the City Commission approval of the attached amendment to the Land Development Regulations Appendix "A", Section 4.3.4(K) (Development Standards Matrix) and Section 4.4.6 RM (Medium Density Residential) zoning district regulations 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 2.4.5(M) of the Land Development Regulations. Attachments: Proposed Ordinance ORDINANCE NO. 7-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE ORDINANCES, BY AMENDING SUBSECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX"; SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT" AND APPENDIX "A", "DEFINITIONS", IN ORDER TO IMPLEMENT PROVISIONS OF THE SOUTHWEST AREA NEIGHBORHOOD REDEVELOPMENT PLAN REGARDING DENSITY AND USES; 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 January 24, 2005, 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 CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.3.4, "Base District Development Standards", Subsection 4.3.4.(K), "Development Standards Matrix", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: tn I- U it: I- tn Õ C) Z Z o N ...I c( ¡:: Z W C Ci) W 0:: ><. _ C') 0::. ~~ ~~ .9 tnë C ~ 0:: I!! c(5. C~ Zä. c(fi I-"g tnlll 1! I-ãi Z~ Wë ~ - Q.~ o .~ ...I )( WE > ~ W~ CË ... z w :I :i ~ ¡ ~ Q ~ ~ ~i~~~~~~~~ iii :¡; ~ ~ ~ I!! ~i~~~~~~~~ 3 ;~ªi~~~~~~~~ L ; g - fl)ii5~~£~~~~~~~~ U) ... !~- 10 III: ;¡ £. M I&. .. z w ~ ... ~ ~ - Z IL ð w U)~:I :I w i ... ~ ~ 9 ~ :I 8 ~ ~ ~ ~ ~ ~ ~ :I i~:i~~~~~~~§~ i",~r"-NN----- :I - - w ~ g!Zgi ª o III: I&. ... ~ - ~ 9 ~ £. ... ~ u - 0 91~£. ~ "":' § ~ ~ c: <..> ...IiiJ~ « - ~ ª ª $ 8 i! i! ,... fð fð ~ ~ ª ª ª ª ª ª ~ S ~ ~ ~ ~ ~ ~ § ~ ~ ~ ~ ~ 01 01 ,... ,... M ~ j ~ ~ ~ ~ ~ ~ ~ ~ ii :¡:a . ~ ~ .. ii ! ~ I {l i ~ , « III: ii5 ~ iñ w co ... 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That Section 4.4.6, "Medium Density Residential District", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 4.4.6 Medium Density Residential (RM) District: (A) Purpose and Intent: The Medium Density Residential (RM) District provides a residential zoning district with flexible densities having a base of six (6) units per acre and a maximum of twelve (12) units per acre, except within the Southwest Neiahborhood Overlay District where the maximum density is twenty-four (24) units per acre. The actual density of a particular RM development is based upon its ability to achieve certain performance standards which are intended to mitigate the impacts of the increased density and ensure that the project is compatible with surrounding land uses. Within the Southwest Neiahborhood Overlay District. the Southwest 10th Street Overlay District. and the Carver Estates Overlay district. the actual density is also based upon the development's ability to comply with Article 4.7 (FamilylWorkforce Housina). Further, the Medium Density Residential District provides for implementation of those objectives and policies contained within the Housing Element of the Comprehensive Plan which call for accommodating a variety of housing types. (B) Principal Uses and Structures Permitted: The following types of use are allowed within the (RM) District as a permitted use: (1 ) Single family detached dwellings. (2) Duplex structures. (3) Multiple family structures. (4) An abused spouse residence with twelve (12) or fewer residents. (5) Group Homes, Types 1 and 2, and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(1). (6) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. (7) Pocket parks. (8) Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3 (HH). (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog runs, garages, greenhouses, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, workshops, swimming pools, and home occupations. (2) Family day care pursuant to restrictions set forth in Section 4.3.3(T) (Child care, up to five children). (3) Home tutorial services subject to the restrictions set forth in Section 4.3.3.(KK). (4) Recreational facilities attendant to a subdivision which is operated under a bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, and private golf courses. (5) The rental or lease of a boat dock when the dock is assigned to, or on the same lot as, each residential use on a one-to-one basis (6) structu re. Guest cottages, only when accessory to a single family detached (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RM District. (1) Adult congregate living facilities and continuing care facilities. (2) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). (3) Child care and adult day care. (4) Private educational facilities subject to the restrictions set forth in Section 4.3.3(HHH). (5) Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses may be established by a separate conditional use application for child care or rezoning to CF, as appropriate. (6) homes. Convalescent homes, homes for the aged, nursing homes, and rest (7) The use of common recreational facilities such as swimming pools, tennis courts, and golf courses (associated with a subdivision) for club or commercial purposes. (8) Single family detached residences in zero lot developments. (9) Yacht club with facilities. (10) Dock master facilities when associated with a multi-family development which has a marina. (11) Private beach clubs with attendant recreational, dining, and related accessory facilities within the area lying south of Atlantic Dunes Park and east of State Road A1A. (12) Multiple familv residential development may exceed twelve (12) units per acre. UP to a maximum of UP to twenty-four (24) units per acre within the Southwest Neiahborhood Overlay District defined in Section 4.5.9. subject to the provisions of Section 4.4.6(1). Article 4.7. and based upon the development's conformance with the applicable standards and criteria described within the adopted Southwest Area Neiahborhood Redevelopment Plan. (E) Review and Approval Process: (1) Single family and duplex uses and accessory uses thereto shall be allowed upon application to and approval by the Chief Building Official for structures which require a building permit and which otherwise comply with applicable use restrictions. (2) Multiple family uses and structures must be approved by the Site Plan Review and Appearance Board pursuant to the provisions of Section 2.4.5(F), 2.4.5(H), and (I). (3) The creation of a new lot for the purpose of building a single family residence requires platting pursuant to 2.4.5(J) or (K), as applicable. (4) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (F) Development Standards: (1 ) The provisions for the R-1-A District shall apply for single family detached dwellings. (2) The development standards as set forth in Section 4.3.4 shall apply for duplex and multi-family development. except as modified herein. (3) Southwest Neiahborhood Overlav District Development Standards: The followinQ development standards apply in the Southwest Neiahborhood Overlay District as defined in Section 4.5.9: (a) Setbacks: (D Front: 15' (iD Side (street): 15' (iiD Side (Interior): 1 and 2 stOry - 10' 3 stOry - 15' (iv) Rear: 10' (b) Setbacks for Garaaes, Carports and Porte-Cocheres: Garaaes. carports and porte-cocheres must have a minimum 20' setback when the entrance faces a public street or alley. (c) Porch Encroachments: Front porches may extend 5' into the front or side street setback and cannot OCCUpy more than 500/0 of the buildina frontaae and cannot be enclosed in any manner. (G) Supplemental District Reaulations: In addition to +the supplemental district regulations-as set forth in Article 4.6. the followina supplemental district reaulations shall apply in the RM zone district. (1) Southwest Neiahborhood Overlav District: The followina supplemental district reaulations shall apply in the Southwest Neiahborhood Overlay District as defined in Section 4.5.9: (a) Parkina in the front yard is discouraaed. No parkina shall be allowed in the front yard unless there is no dedicated access to the side or rear of the property. (b) When aaraaes are provided in the side or rear yards. on-street parkina must be provided. (H) Special Reaulations: (1) A minimum density of six units per acre is established for duplex and multiple family housing projects within this district. Density may exceed the base of six (6) units per acre only after the approving body makes a finding that the project has substantially complied with performance standards as listed in 4.4.6(1). In no event shall a development's total density exceed 12 units per acre. except within the Southwest Neiahborhood Overlay District. The density for a specific RM development may be further limited by a numerical suffix affixed to the designation and shown on the zoning map (Le. RM-8 limits the density to eight units per acre). To seek a density greater than allowed by the suffix, it is necessary to rezone the property. (2) Notwithstanding the above, a duplex may be situated upon a platted lot pursuant to Section 4.3.4(1)(3)(b) (3) Recreational areas shall be required for all new rental apartment developments, and of owner occupied developments which have homeowner associations that must care for retention areas, private streets, or common areas. New developments must include recreational features that are designed to accommodate activities for children and youth of all age ranges. Tot lots are appropriate for toddlers; features such as a basketball court, volleyball court, and open playfields are appropriate for older children. A pool and clubhouse, unless specifically designed for children, is not considered to meet this requirement. Projects having fewer than twenty-five (25) units may be exempted from this standard where it is determined by the approving body that it is not practical or feasible to comply. (4) The height of accessory structures shall not exceed the height of the associated principal structure. Screen enclosures without a solid roof are excluded from this limit. (5) The floor area of an accessory structure shall not exceed 400/0 of the floor area of the principal structure. (6) Density Bonuses. Density bonuses may be granted as :1 Conditional Yse--to eligible properties governed by regulations set forth in Chapter 4, "Zoning Regulations", "FamilylWorkforce Housing" as discussed below: (a) Southwest Neiahborhood Overlay District: Densitv bonuses above 12 units per acre may be aranted as a Conditional Use to eliaible properties within the Southwest Neiahborhood Overlav District defined in Section 4.5.9. subject to the reaulations set forth in Chapter 4, "Zonina Reaulations", "Familv/Workforce Housina". (b) S.W. 10th Street and Carver Estates Overlay Districts: Within the S.W. 10th Street and Carver Estates Overlav District defined in Section 4.5.10 and 4.5.11, in addition to the performance standards listed in Section 4.4.6(1), increases to a project's density beyond six (6) units per acre is subject to the reaulations set forth in Chapter 4. "Zonina Reaulations", "Familv/Workforce Housina". (I) Peñormance Standards: (1) These standards shall apply to all site plans approved subsequent to October 7, 1997, and for modifications to existing developments which involve the creation of additional residential units. In order to increase a project density beyond six (6) units per acre, the approving body must make a finding that the development substantially complies with the performance standards listed in this section. The intent of the standards is to mitigate the impacts of the additional density both internal and external to the site. The extent to which a project meets the standards will determine the number of units per acre that will be permitted. For example, if a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of the City's Comprehensive Plan and Land Development Regulations, the maximum density is permitted. Projects which only partially achieve these standards will be permitted a correspondingly lower density. The performance standards are as follows: (a) The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exists into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. (b) Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. (c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25°1<» of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25%_or more; and a hedge, wall or fence is provided as a visual buffer between the properties. (d) The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. (e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi-family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. (f) The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas which provide open space and native habitat are created and incorporated into the project. (g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. (2) It is acknowledged that some of the above referenced standards may not be entirely applicable to small, infill type residential projects. For those types of projects, the ultimate density should be based upon the attainment of those standards which are applicable, as well as the development's ability to meet or exceed other minimum code requirements. (3) For vacant property that is proposed for rezoning to RM with a density suffix, the approving body must made a finding that the proposed density is appropriate based upon the future land use map designations of surrounding property as well as the prevailing development pattern of the surrounding area. Section 4. That Appendix "A", "Definitions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: ADDendix A - Definitions Porch -A covered but unenclosed Droiection from the main wall of a buildina that may or may not use columns or other around SUDDorts for structural DurDoses. Section 5. 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 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. 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 ,200_. MAYOR ATTEST: City Clerk First Reading Second Reading ~.~; QóÆûl~-e - t1L 'W- 'W- L() 8 N a) ~ «S 2 .c .f >; «S '1:J en Q) c: '1:J ~ ~ «S 2 .c .f ~ "C tn Q) .= I tn ~ Q) Z .r::. (.) «S Q) a:I ~ ã) e c: o rtí ex: «S g CD . E o (.) u) ~ Q) c: «S (.) o i CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS BY AMENDING SUBSECTION 4.3.4(K), IIDEVELOPMENT STANDARDS MATRIX", - SECTION 4.4.6 I'MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT" AND APPENDIX II A", IIDEFINITIONS", IN ORDER TO IMPLEMENT PROVISIONS OF THE SOUTHWEST AREA PLAN REGARDING DENSITY AND USES The City Commission of the City of Delray Beach, Florida, proposes to adopt the following ordinance: ORDINANCE NO. 7-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SUBSECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX"; SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRIG" AND APPENDIX "A", "DEFINITIONS", IN ORDER TO IMPLEMENT PRO- VISIONS OF THE SOUTHWEST AREA PLAN REGARDING DENSITY AND USES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFEGIVE DATE. The City Commission will conduct two (2) Public Hearings for the purpose of accept- ing public testimony regarding the proposed ordinance. The first Public Hearing will be held on TUESDAY. FEBRUARY 1. 2005. AT 7:00 P.M. at Pompey Park Recreation Center located at 1101 N.W. 2nd Street, Delray Beach, Florida. If the proposed ordinance is passed on first reading, a second Public Hearing will be held on TUESDAY. FEBRUARY 15. 2005. AT 7:00 P.M. (or at any continuation of su,h meeting which is set by the Commission) in the Commission Chambers at City Hall, 100 N.W. 1 st Avenue, Delroy Beach, Florida. All interested citizens are invited to attend the public hearings and comment upon the proposed ordinance or submit their comments in writing on or before the date of these hearings to the Planning and Zoning Department. For further information or to obtain a copy of the proposed ordinance, please contact the Planning and Zoning Department, City Hall, 100 N.W. 1 st Avenue, Delroy Beach, Florida 33444 (email at pzmail@mydelraybeach.com) or by calling 561/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RES PEG TO ANY MAnER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD PURSUANT TO F.S. 286.0105. CITY OF DELRAY BEACH Chevelle D. Nubin City Clerk PUBUSH: Monday, January 24, 2005 Tuesday, February 8, 2005 BOCA RATON NEWS AD# NSO 10551 tc: (Jtlcò/~¿-'hi E o (.) i CD c 8 i CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS . BY AMENDING SUBSECTION 4.3.4(K), uDEVELOPMENT STANDARDS MATRIX", SECTION 4.4.6 uMEDIUM DENSITY RESIDENTIAL (RM) DISTRICT" AND APPENDIX II A", IIDEFINITIONS", IN ORDER TO IMPLEMENT PROVISIONS OF THE SOUTHWEST AREA PLAN REGARDING DENSITY AND USES The City Commission of the City of Delroy Beach, Florida, proposes to adopt the following ordinance: . it) o o N ..,¡ N ~ cu ;:, c cu ""') >; cu "C C o :E I ~ CD ;z .c (.) cu CD a:I >. e ëi5 Q ì: .s ~ cu g a:I _ ORDINAfIICE NO. 7 -OS AN ORDINANCE OF THE CllY COMMISSION Of THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SUBSEaION 4.3.4(K), "DEVElOPMENT STANDARDS MATRIX"; SEaION 4.4.6, "MEDIUM-DENSITY RESIDENTIAL (RM) DlSTRIQ" AND APPENDIX" A", "DEFINITIONS", IN ORDER TO IMPlEMENT PRO- VISIONS Of THE SOUTHWEST AREA PlAN REGARDING DENSllY AND USES; PROVIDING A SAVING CLAUSE, A GENERAl REPEALER CLAUSE, AND AN EFFEatVE DATE. The City Commission will condud two (2) Public Hearings for the purpose of accept- ing public testimony regarding the proposed ordinance. The ~rst Public Hearing will be held on TUESDAY. FEBRUARY 1. 2OOS. AT 7:00 P.M_ at Pompey Park Recreation Center located at 1101 N.W. 2nd Street, Delroy Beach, Florida. If the proposed ordinance is passed on ~rst reading, a second Public Hearing will be held on TUESDAY. FEBRUARY 1S; 2OOS. AT 7:00 P.M. (or at any èontinuation of such meeting which is set by the Commission) in the Commission Chambers at City Hall, 100 N.W. 1 st Avenue, Delroy Beach, Florida. (:) ~ All interested citizens are invited to attend the public hearings and comment upon the proposed ordinance or submit their comments in writing on or before the date of these hearings to the Planning and Zoning Department. For further information or to obtain a copy of the proposed ordinance, please con tad the ~anning and Zoning Department, City Hall, 100 N.W. 1 st Avenue, Delroy Beach, Florida 33444 (email at pzmail@mydelrqybeach com) or by calling 561/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, exc~uding holidays. PlEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CllY COMMISSION WITH RESPECT TO ANY MA1TER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INGUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THÉ CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD PURSUANT TO F.S. 286.0105. CllY Of DELRAY BEACH Chevelle D. Nubin City Clerk PUBUSH: Monday, January 24,2005 Tuesday, February 8, 2005 BOCA RATON NEWS AD# NS010551