159-88 ~]RDINANCE NO. 159-88
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
TEXT OF THE LAND USE ELEMENT OF THE COMPRE-
HENSIVE PLAN BY CSEATING A LARGE SCALE MIXED
USE DEVELOPM_ENT DESIGNATION, WHICH LAND USE
~qATEG~"~RY W!L[~ BE SHOWN ON THE LAND USE PLAN
MAP IN AN ~VERLAY MANNER AND WILL BE INTENDED
TO IDENTIFY THE APPROXIMATE LOCATION OF AREAS
WHICH MAY BE Y, UITED FOR SUCH LARGE SCALE
MIXED USE DEVELOPMENT: PROVIDING FOR A
DEFINITION AND CRITERIA: PROVIDING A GENERAL
REPEALER CLAUSE: PROVIDING A SAVING CLAUSE:
PROVIDING AN EFFECTIVE DATE,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the text of the Large Scale Mixed Use
Development is as follows:
The genera], deve lopm~nt philosophy of the City of
Delray Beach is to maintain a village-like community.
However, in certain locations it is necessary to
accommodate a more intensive scale of development in
order to aohieve redevelopment or the arresting of
d~eaying and/or b].]ghted areas. The application of the
"L~rge Scale Mixed Use" ].aDd use d~signation on certain
The "Larq~ '~ ~ ._
- its r, uter per[meter s:h3]l be clearly delin-
eated and ~hal] ~n,~lud~, a~, applicable, such
features as watarways. ~aterbodies. property
lines, and major streets;
- it shall be an overlay ~hich is imposad upon
the underlying land use d~ignations;
- the legend shall r.fer to the Land Use
Element text f~,r the manner in which develop-
ment within the designation is pursued.
The "Large Scale Mixed Use" concept is defined and
pursued as follows:
- it includes the horizontal and/or vertical
relationship of office, retail, residential.
service, and recreational land uses (or any
combination thereof) within a single, unified
development:
- i.t shsll ~enera]ly be in excess of ten
contig~-~us acres:
- the act~al development shall be processed and
approvet~ through the City's ~e~
ti~s District (SAD) zoning designation. At
the time that, SAD zoning is sought, a deter-
mination of consistency with other relevant,
aspects ~-~f Tj-,_~._ ii o mpr9 he n ~ i39__?_lAB, must be
made. al~T:ng wit, h establishment of t. he mix and
int, ensi%y of land uses;
In order to assist the City in making a determination
relative to intensity of use, at. a minimum, the follow-
ing items must be presented with the SAD zoning peti-
tion:
- a traffic impact st~dy;
- a water demand and sewer impact study;
- an ~conomic feasibilit~ study for the
pro.~ect; and
- an adjacent property impact study, said study
to address physical relationships, as ex-
pressed through design features, e.g..
h~ight, bulk. view corridors, shadows, etc.,
~f the project to adjacent properties: it
~:ha~l also address the impact upon nearby
community landmarks and design features, if
The determi~atior,, relat.~v~ t.¢, the maximum intensity and
mix of use, shall be made through using one of the
following techniques. The choice of technique to be
used rests solely within %he discretion of the project
proponent, no% the City, In berth cases, the land uses
which are allowed for the project shall be the same as
shown as tha underlying or base land uses for the area
encompas;~ed within th~ overall project boundaries as
depinted on the [,and Us~ Map, except that when within
th~ project bo~ndaries t.h~r~ ar~ underlying Si~le
Family and M,~lti Family da:::igr~ati<-~ua and if the area
which is designated Single Family ia ten percent (10%/
or less than the area of fha pre, Jack. that i~ designated
Multi Family t. hen the ,~r, ir.s that ~o,~]d ,-,therwisa he
single family ~ay, if deli. red hy t,h¢ pro.iect applicant,
be constructed as multi-family type units.
Tr2.4i.%i.orm_l. a~RrQa¢_hL This approach may be
~sed when the project does not approach
r~mximum development limits. The resulting
ratio or r~lative relationship of one use to
anot. h~r when utilizing this approach does not
have to be the same as wou].d result when
u~ng the Maximum Rattc~ Approach set forth
be ic~w.
fa ) Show or, a site plan what one might
~wpect t.~% see if the property were
deve!op~d independantl, y for each of the
~nderlying land use designations under
(%hen'~ c~]rrent market conditions, e.g. ,
a commercial site plan for that land
with a commercial designation and a
residential site plan for that land with
a r~d~nt~a! designation.
Mix the commern~al and/or office and/or
service flexcor area from the commercial
site plan with the unit count from the
res iden%ial ~ite plan and design an
integrated use ('mixed use } over the
~ntire site.
- 2 - Ord. No. 159-88
Maximum Ratio Approach: A key element of
this approach is that the resulting ratio or
relative relationship of one use to another
as established when applying the formula in
(a.~ and (b) below be approximately maintained
for the project:
Th~ ma×~m,~m floor area for nonresiden-
tial uses (commercial, retail, office.
service, industrial ) shall be estab-
lished as being equal to one hundred
percent (100%) of the total area encom-
passed within the boundaries of the
nonresidential designation as shown on
t, he Land []se. Map:
Example: Commercial area of 1.8 acres =
78.408 sq. ft. of commercial land area;~
78,488 times 1.00 = 78,408 sq. ft. of
nonresidential (commercial, office,
~%e. ~ f].oor area maximum.
The maximum ~]nit nount shall be estab-
lished by calcu].at~ng the acreage of the
total area encompassed by residential
designations on the Land Use Map and
mult~plW~ng ~t hF t;he high, st permissi-
bl~ d~r~ai~.w for thc~'.~ designations and
th~n adding a factc~r ~f ten percent
(If)?~,i more.
Example: ~.4 a~res shown as MF-10 and
1.3 acres shown as MF-15:
- 8.4 times 10 = 84
- ~.3 times 15 = 19.5 rounded to 20
(84 + ~'0) times 1 10 = 114 4 = 115
units maximum
(c) Mix the land uses in a ratio consistent
with the maximu~ as determined a~ve:
for example (using the num~rs from the
examples i , the maKimum nonres ldential
floor area is 78,408 sq. ft.: the maximum
residential unit count is 115, If
either th~ nonresidential or the resi-
dential component of the LSMU project is
reduced below the maximum, the other
component of the project must also be
reduced so that the approximate relative
relationship of one type of use to the
other is maintained, i.e. , in this
example the relationship would be
maintained in the following reductions:
75%; 58,806 sq. ft. nonresidential w~th
86 units:
50%' 39,204 sq. ft. nonresidential with
58 ,]nits, etc.
(d) The prngram for build-out (phasing~, If
any, shall be included in the SAD
petition and shall require that each
phase of d~v~lopm~nt be completed in an
approximate proportion to the maximum
uses ratio.
- 3 - Ord. No. 159-88
f )
Example: Using the above examples, the
maximum use ratio would be that for each
681.81 sq. ft. of retail or office use,
there would be one residential unit.
Notwithstanding the above, as a part of
t. he
cAD application, alternatives
maintaining the approximate proportion
of the maximum uses ratio as set forth
above may be proposed and approved.
In the event that. property owners choose not to proceed
under the "Large Scale Mixed Use" designation, develop-
ment shall be consistent with the underlying or
land use designations as delineated on the Land 'Use
Map.
The designation of "Large Scale Mixed Use" does not
require the Cit~ to ultimately approve such a project.
If, after review of the SAD zoning petition, accompany-
ing materials, and assessment of the project against
other aspects of the Comprehensive Plan and good zoning
principles, it is determined that the proposed project
is not in the overall best interests of the City, it
may be rejected and development shall proceed per the
underlying or base land ~se designations.
.,~t. ,,n ~ That. t.h~ Plar~r, in~ r~ct.~-~r r~f t,}-,~ City of
.......... ~ ................. ~,) 1
De]ray B~r~,:-:h shall, ;~p~T,n th~ ~ffecti_v~ rl,~t,~ r~f this ~-,rdinance,
Florida, t.o conform uit. h the prr, via i.:-:,ns
Section 3. That. all ordinances or Darts of ordinances
in conflict herewith be. and the same are hereby repealed.
~ 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 no% affect %he validity of the
remainder hereof as a ~hole or part thereof other than the ~art
declared to be invalid.
~ctien ~. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the 13th day of D~_~9~ , 19~
MAYOR
ATTEST:
First Reading
Second Reading December
- 4 - Ord. No. 159-88