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Ord 20-05 (' /"\ ; ORDINANCE NO. 20-05 AN ORDINANCE OF THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SUBSECTION 4.4.6(F), "DEVELOPMENT STANDARDS"; AND SUBSECTION 4.4.6 (G) , "SUPPLEMENTAL DISTRICT REGULATIONS," IN ORDER TO CLARIFY THAT CERTAIN PROVISIONS OF THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT ONLY APPLY TO DUPLEX AND MULTI-FAMILY DEVELOPMENT THAT CONTAINS A COMPONENT OF WORKFORCE HOUSING AS PROVIDED BY ARTICLE 4.7; 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 March 21, 2005, and voted Í- to -º-- 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 CI1Y COMMISSION OF THE CI1Y OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.6, "Medium Density Residential District", Subsection 4.4.6 (F), "Development Standards," 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: 1 ORD. NO. 20-05 (" /",\ (F) Development Standards: (1) dwellings. The provisions for the R -1- A District shall apply for single family detached (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 Neighborhood Overlay District Development Standards: The following development standards apply to duplex and multi-family development in the Southwest Neighborhood Overlay District as defined in Section 4.5.9. which is being developed pursuant to regulations set forth in Article 4.7." "Family/Workforce Housing": (a) Setbacks: (I) Front: (II) Side (Street): (iii) Side (Interior): 1 and 2 story 3 story 15' 15' 15' 10' (iv) Rear: 10' (b) Setbacks for Garages, Carports and Porte-Cocheres: Garages, 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 50% of the building frontage and cannot be enclosed in any manner. Section 3. That Section 4.4.6, "Medium Density Residential District", Subsection 4.4.6 (G), "Supplemental District Regulations," 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: (G) Supplemental District Regulations: In addition to the supplemental district regulations set forth in Article 4.6, the following supplemental district regulations shall apply in the RM zone district. (1) Southwest Neighborhood Overlay District: The following supplemental district regulations shall apply to duplex and multi-family development in the Southwest Neighborhood 2 ORD. NO. 20-05 ("' /"\ Overlay District as defined in Section 4.5.9. which is being developed pursuant to regulations set forth in Article 4.7." "Family/Workforce Housing": (a) Parking in the front yard is discouraged. No parking shall be allowed in the front yard unless there is no dedicated access to the side or rear of the property. (b) When garages are provided in the side or rear yards, on-street parking must be provided. 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. \~4)-PASSED ANI;> ADOPTED in regular session on second and final reading on this the _ day of ~5;) J .2005. ¿tæY~R~ ATTEST: ~ \)~ ~~ City Clerk First Reading A.. \~ \ \::6 Second Reading 4\?-. \ \:J:5 3 ORD. NO. 20-05 MEMORANDUM FROM: MAYOR AND CI1Y COMMISSIONERS CI1Y MANAGER ~i TO: SUBJECT: AGENDA ITEM # \ 0 F ORDINANCE NO. 20-05 - REGULAR MEETING OF APRIL 19, 2005 DATE: APRIL 15, 2005 This ordinance is before Commission for second reading and public hearing for a City initiated amendment to Land Development Regulations (LDR) Section 4.4.6, "Medium Density Residential (RM) District", modifymg the development standards in conjunction with the implementation of the Southwest Area Neighborhood Redevelopment Plan. On February 15, 2005, the City Commission adopted amendments to the Land Development Regulations (LDR) to modify the RM (Medium Density Residential) zoning district regulations to implement the density provisions in the Workforce Housing Ordinance. The amendment included modifications to certain development standards to accommodate 24 units per acre within the Southwest Neighborhood Overlay District. The standard RM zoning district development standards are more suburban than urban in character, which could not accommodate the increases in density to achieve the desired type of workforce housing. Although the intent of these modifications was to allow for increased density in developments providing workforce housing, the specific language of the amendment failed to make this distinction. Therefore, as currendy implemented, the new standards apply to all development within the Overlay District. The amendment, before the Commission at this time, is being proposed to correct this error by limiting the setback reductions/ changes to developments providing workforce housing. The Planning and Zoning Board held a public hearing at its meeting of March 21, 2005. There was no public testimony. The Board voted 5-0 to recommend to the City Commission approval of the proposed amendment, based upon positive findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) (Amendment to Land Development Regulations). At the first reading on April 5, 2005, the City Commission passed Ordinance No. 20-05. Recommend approval of Ordinance No. 20-05 on second and final reading. S:\Clty Clerk\agenda memos\Ord 20-05 LDR 4.4.6 Modsfysng RM Dlstnct Dev Std SW Rede\' 041905 CITY COMMISSION DOCUMENTATION ~ I TO: THRU: FROM: SUBJECT: DA'Fi~ P~~" I?O R~'e- lOR PLANNER MEETING OF APRIL 5, 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. BACKGROUND On February 15, 2005, the City Commission adopted amendments to the Land Development Regulations to modify the RM (Medium Density Residential) zoning district regulations to implement the density provisions in the Workforce Housing Ordinance. This amendment included modifications to certain development standards so that 24 units per acre could be accommodated within the Southwest Neighborhood Overlay District. The standard RM zone district development standards are more suburban than urban in character, which could not accommodate the increases in density to achieve the desired type of workforce housing. Although the intent of these modifications was to allow for increased density in developments providing Workforce Housing, the specific language of the amendment failed to make this distinction. Therefore, as currently implemented, the new standards apply to all development within the Overlay District. The amendment, before the Commission at this time, is being proposed to correct this error by limiting the setback reductions/changes to developments providing workforce housing. 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 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 March 21, 2005. The was no public input on the amendment. The Board voted 5-0 (Joseph Pike and Charles Walker absent), to recommend to the City Commission approval of the amendment as proposed by adopting the findings of fact and law contained in the staff report. I RECOMMENDED ACTION ~ Move to approve the amendment to the Land Development Regulations 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 April 19, 2005. Attachments Proposed Ordinance & Planning & Zoning Board Staff Report of March 21, 2005 \ ótl) ORDINANCE NO. 20-05 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 4.4.6(F), "DEVELOPMENT STANDARDS"; AND SUBSECTION 4.4.6(G), "SUPPLEMENTAL DISTRICT REGULATIONS," IN ORDER TO CLARIFY THAT CERTAIN PROVISIONS OF THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT ONLY APPLY TO DUPLEX AND MULTI-FAMILY DEVELOPMENT THAT CONTAINS A COMPONENT OF WORKFORCE HOUSING AS PROVIDED BY ARTICLE 4.7; 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 March 21, 2005, and voted --º- to -º- 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 4.4.6, "Medium Density Residential District", Subsection 4.4.6 (F), "Development Standards," 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: 1 (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 Neighborhood Overlay District Development Standards: The following development standards apply to duplex and multi-familv development in the Southwest Neighborhood Overlay District as defined in Section 4.5.9, which is beinq developed pursuant to requlations set forth in Article 4.7," "Familv/Workforce Housinq": (a) Setbacks: (I) Front: (II) Side (Street): (iii) Side (Interior): 1 and 2 story 3 story 15' 15' 10' 15' 10' (iv) Rear: (b) Setbacks for Garages, Carports and Porte-Cocheres: Garages, 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 50% of the building frontage and cannot be enclosed in any manner. Section 3. That Section 4.4.6, "Medium Density Residential District", Subsection 4.4.6 (G), "Supplemental District Regulations," 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: (G) Supplemental District Regulations: In addition to the supplemental district regulations set forth in Article 4.6, the following supplemental district regulations shall apply in the RM zone district. 2 (1) Southwest Neighborhood Overlay District: The following supplemental district regulations shall apply to duplex and multi-family development in the Southwest Neighborhood Overlay District as defined in Section 4.5.9, which is beinQ developed pursuant to requlations set forth in Article 4.7," "Family/Workforce Housinq": (a) Parking in the front yard is discouraged. No parking shall be allowed in the front yard unless there is no dedicated access to the side or rear of the property. (b) When garages are provided in the side or rear yards, on-street parking must be provided. 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 , 2005. MAYOR ATTEST: City Clerk First Reading Second Reading 3 pE,lR"': ø~"ÇH ~........... ;liiP l'J! J )1101 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT OElRAY REACH ~ ;liiP 1 'J'J ~ 2001 MEETING OF: MARCH 21, 2005 IV.H CITY INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS 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. AGENDA ITEM: -- ---- ..1 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 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 LOR 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. Ln.. . _ ... 'n .--- -- - - --- I . _---1 BACKGROUND I ANALYSIS Background: 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 20% 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 HV AC systems and appliances as the proposed market units. Planning & Zoning Board Memorandum Staff Report LDR Amendment - RM regulations regarding Southwest Neighborhood Overlay District Page 2 On February 1S, 200S, the City Commission adopted amendments to the Land Development Regulations to modify the RM (Medium Density Residential) zoning district regulations to implement the density provisions in the Workforce Housing Ordinance. This amendment included modifications to certain development standards so that 24 units per acre could be accommodated within the Southwest Neighborhood Overlay District. The standard RM zone district development standards are more suburban than urban in character, which could not accommodate the increases in density to achieve the desired type of workforce housing. Although the intent of these modifications was to allow for increased density in developments providing Workforce Housing, the specific language of the amendment failed to make this distinction. Therefore, as currently implemented, the new standards apply to all development within the Overlay District. The amendment, before the Board at this time, is being proposed to correct this error by limiting the setback reductions/changes to developments providing workforce housing. Pursuant to LOR Section 2.4.S(M)(S), 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 Avenue on the north, SW 1 dh Street on the south, Interstate 95 on the west, and Swinton A venue 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 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. l___._ REVIEW BY OTHERS --.- -- Community Redevelopment Agency At its meeting of March 10, 200S, the CRA Board reviewed and recommended approval of the proposed text LOR amendment. Planning & Zoning Board Memorandum Staff Report LOR Amendment - RM regulations regarding Southwest Neighborhood Overlay District Page 3 West Atlantic Redevelopment Coalition (WARC) The proposed amendment will be presented to WARC at its April 13, 2005 meeting. The Board's recommendation will be forwarded to the City Commission before second reading of the Ordinance. 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 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 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 inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(M) of the Land Development Regulations. L________ ~ RECOMMENDATION Move to recommend to the City Commission approval of the attached amendment to the Land Development Regulations 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 \\carolina\departments\plannmg & zonmg\boards\p&z board\ldrrmswoverlay correction. doc 0C'. C w J tLiMA-e- 30 Thursday, Apòl7lFnday, Apn18, 2005 - Boca Raton/Delray Beach News . www.bocanewscom o( (), f d- 0- f::Þ 100 ANNOUNCEMENTS- ~ LEGAL NOTICES em Of IJIUIAT IEAÇI\ FLORIDA IIOTICIi Of PUIUC IIWUIIG A PUBLIC HEARING WIll be hold on the ~=~'*~~~ at any contmuatICm or such meeting ct"'&,~=~J:¡~~ tst Avenue, DoIray Beach, fIooda, at . which bme !he City CommtsSlOn WlH consoder then" a<Ioptron The proposed OfdmatlCO may he Ins¡¡ected at the Office or the City Clerk at City HaM, 100 N W 1st AWf1UO, Defray Beach Ron- 1Ia,IJeIween the hoUlo ð1 B 00 a m and ;:lh~~~m~~= are rnvrted to attend and be heard WIth respect to the proposed ofdmances OROtNANCE NO 2IHI5 NI ORDINANCE OF THE CITY COM- MISSION Of THE CITY OF DELAAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS Of TliE CODE OF ORDINANCES, BY ~~rb~Em~~~~D~~~B ~\WÄf:g~TR4,á 6~~Gu;1~~'f; IN ORDER TU ClARIFY THAT CER- TAIN PROVISIONS OF THE SOUTH- WEST NEIGHBORHOOD OVERLAY DISTRICT ONl V APPLY TO DUPLEX AND MULTI-FAMILY DEVELOPMENT THAT CONTAINS A COMPONENT OF ~ LEGAL NOTICES WUHKt-OHt;1: HOUSING AS PHUVIU- ED BY ARTICLE 47 PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE. AND AN EFFEC- TIVE DATE ORDINANCE NO 21-05 AN ORDINANCE OF THE CITY COM- MISSION Of THE CITY OF DELRAY BEACH, FLORJOA, AMENDING CHAP- TER 99, "NOISE CONTROL", OF THE COOE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE AN UPDATED NOISE CON- TROL ORDINANCE REFERENCING CURRENT ZONING DISTRICTS, PRO- VIDING A SAVING CLAUSE, A GENER- AL REPEALER CLAUSE, AND AN EFfECTNE DATE ORDINANCE NO 23-Ð5 AN ORDINANCE OF THE CITY COM- MISSION Of THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TIiE lAND DEVELOPMENT REGULATIONS Of THE CODE Of ORDINANCES, BY AMENDING SECTION 4 41" "NEIGH- BORHOOD COMMERCIAL ~NC) DlS- ~ÀL ~~~~m:g~s", Bt 1 ~'8: VIDING THAT BANKS OR SIMILAR RNANCIAL INSTITUTIONS MAY HAVE A MAXIMUM AREA OF 6,000 SO FT, PROVIDING A SAVING ClAUSE, A GENERAL REPEALER CLAUSE. AND AN EFfECTIVE DATE ORDINANCE NO. 24-05 AN ORDINANCE Of THE CITY COM- MISSION Of THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TIiE LAND DEVELOPMENT REGULATIONS Of THE CODE OF ORDINANCES, BY AMENDING SECTION 45 I, "HIS- TORIC PRESERVATION SITES AND gó~~7J1~'o~U~~5~8aR~i,,'(~~ REMOVING THE RESTRICTION ON ISSUING BUILDING PERMITS DUR- ING THE DESIGNATION PROCESS, PRDVlDlNG A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE ~ LEGAL NOTICES please be adviSed that If a person decKtes to appeal any decisIOn made by Ihe City CommiSSIOn WIth respect to any matter conSidered at these hear- angs such person may need to enslJre that a verbatim record mctudes the teS- timony and eVIdence upon whICh the appeaf IS to be based The Crt; does not proVIde nor prepare sUCh record Pursuantto F S 286 0105 CITY OF DELRAY BEACH Chevelle 0 Nubm CrtyClerk ~L:'~::~N:'" 2005 Ad #121226