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Ord 06-14 ORDINANCE NO. 06-14 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 ARTICLE 4.7 "FAMILY/WORKFORCE HOUSING", SECTION 4.7.1 "DEFINITIONS", SUBSECTION (P) "SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT" TO EXPAND THE AREA AS SHOWN ON THE MAP BY REPEALING THE EXISTING MAP AND REPLACING IT WITH A NEW ONE; AND BY AMENDING SECTION 4.5.9 "THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT" TO CORRECT A SCRIVENER'S ERROR, 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 27, 2014 and voted 7 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 i 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 Article 4.7 "Family/Workforce Housing", Subsection 4.7.1 "Defaiitions", Subsection (p) "Southwest Neighborhood Overlay District" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, shall be the same and is hereby amended to repeal the existing map in its entirety and enacting a new map as follows: I Southwest Nei hborhood Overly District--The area zoned RM between p � Interstate 95 and S.W. 1st Avenue, from Atlantic Avenue to S.W. 2nd Street, except along SW 12th Avenue, where it extends south to SW 3rd Street, as shown in the map below. ll A,L A n Y,c �® ®n � HUM MEE4 3 Section 3. That Section 4.5.9 "The Southwest Neighborhood Overlay 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: jto Defined: The Southwest Neighborhood Overlay District is the area zoned RM located between Interstate 95 and fwd--.W. S.W. 1st Avenue from Atlantic Avenue to S.W. 2nd Street, except along S.W. 12th Avenue, where it extends south to S.W. 3rd Street. The applicable regulations set forth in Section 4.7, "Family/Workforce Housing" (in addition to applicable Land Development Regulations) shall apply to this district. 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. 2 ORD_NO. 06-14 Section 6. That this ordinance shall become effective irmnediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2014. I Mayor. ATTEST City Clerk First Reading AbA u Q t-q Second Reading -4 I i 3 ORD.NO.06-14 Coversheet Page 1 of 1 MEMORANDUM . ............ ............. .. ........ TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: March 24, 2014 SUBJECT: AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF APRIL 1, 2014 ORDINANCE NO. 06-14 BACKGROUND At the first reading on February 24, 2014, the Commission passed Ordinance No. 06-14. On March 18, 2014 the City Commission made a motion to defer Ordinance No. 06-14 to the April 1, 2014 Regular Meeting. RECOMMENDATION Recommend approval of Ordinance No. 06-14 on second and final reading. http://agendas.mydelraybeach.com/Bluesheet.aspx?ItemID=7748&MeetingID=500 7/1/2014 Coversheet Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Mark McDonnell, AICP, Interim Director of Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: February 11, 2014 SUBJECT: AGENDA ITEM 11.C.-REGULAR COMMISSION MEETING OF FEBRUARY 24,2014 ORDINANCE NO. 06-14 ITEM BEFORE COMMISSION The item before Commission is consideration of a privately-initiated amendment to Land Development Regulations Article 4.7 "Family/ Workforce Housing", Section 4.7.1, "Definitions", Subsection 4.7.1 (p) "Southwest Neighborhood Overlay District" to expand the area as shown on the map by repealing the existing map and replacing it with a new one; and, Section 4.5.9, "The Southwest Neighborhood Overlay District", Subsection 4.5.9(A), "Defined" to correct a scrivener's error. BACKGROUND The Family/Workforce Housing Ordinance adopted by the City Commission on December 6, 2004, included incentives to provide workforce housing by allowing density bonuses within the Southwest Neighborhood Overlay District. On November 20, 2007, the City Commission adopted Comprehensive Plan Amendment 2007-2, which included a City-initiated text amendment to expand the Southwest Neighborhood Overlay District by amending the description of the Medium Density FLUM designation to include the area along SW 12th Avenue, between SW 2nd Street and SW 3rd Street. On August 19, 2008, the City Commission adopted Ordinance No. 33-08 which amended the description of the overlay district of the Southwest Neighborhood Overlay District within LDR Section 4.5.9, as well as the description and map within LDR Section 4.7.1(p) which depicts the Southwest Neighborhood Overlay District. Pursuant to LDR Section 4.4.6 "Medium Density Residential" District, properties that are located within the Southwest Neighborhood Overlay District are allowed an increase in density above 12 units per acre to a maximum density of 24 units per acre. The existing Southwest Neighborhood Overlay District encompasses the south 1.83 acre portion of the Coda Development which is located on the south side of SW 1st Street between SW 1st Avenue and SW http://itwebapp/AgendaIntranetBluesheet.aspx?ItemfD=7598&MeetinglD=475 3/13/2014 Coversheet Page 2 of 2 2nd Avenue. The north 0.62 acre portion of the site which is currently zoned Residential Office (RO) is not included within the boundaries of this overlay district. In order to implement the same density that is allowed on the south parcel, the applicant has requested an LDR Amendment to modify the map within LDR Section 4.7.1(p) by expanding the Southwest Neighborhood Overlay District to include the entire Coda development. In addition, the request includes a revision to LDR Section 4.5.9 "Southwest Neighborhood Overlay District" to correct a scrivener's error to the boundary description. The boundary description incorrectly references NW 1St Avenue whereas SW 1St Avenue should have been referenced as the eastern boundary of the overlay area. REVIEW BY OTHERS At its meeting of January 27, 2014, the Planning and Zoning Board held a public hearing and recommended approval on a 7 to 0 vote of the proposed LDR Text amendment, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M)(5) of the Land Development Regulations. RECOMMENDATION Approve on first reading Ordinance No. 6-14, a privately-initiated amendment to Land Development Regulations by amending Article 4.7 "Family/Workforce Housing", Section 4.7.1, "Definitions", Subsection 4.7.1(p.) "Southwest Neighborhood Overlay District" to expand the area as shown on the map by repealing the existing map and replacing it with a new one; and, Section 4.5.9, "The Southwest Neighborhood Overlay District", Subsection 4.5.9(A), "Defined" to correct a scriveners error, 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 the criteria set forth in LDR Section 2.4.5(M)(5). Attachments: Ordinance No. 06-14 Planning& Zoning Board Staff Report of January 27, 2014 http://itwebapp/AgendaIntranetBluesheet.aspx?ItemfD=7598&MeetinglD=475 3/13/2014 PLANNING AND`ZONING BOARD MEMORANDUM,STAFF'REPORT MEETING DATE: JANUARY 27, 2414 AGENDA NO: V.0 AGENDA ITEM: CONSIDERATION OF A PRIVATELY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS BY AMENDING ARTICLE 4.7 "FAMILY/WORKFORCE HOUSING", SECTION 4.7.1 "DEFINITIONS", SUBSECTION (P) "SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT" TO EXPAND THE AREA AS SHOWN ON THE MAP BY REPEALING THE EXISTING MAP AND REPLACING IT WITH A NEW ONE; AND BY AMENDING SECTION 4.5.9 "THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT" TO CORRECT A SCRIVENER'S ERROR. ITEM BEFORE THE BARQ. The item before the Board is that of making a recommendation to the City Commission regarding a privately-initiated amendment to Land Development Regulations by amending Article 4.7 "Family/ Workforce Housing", Section 4.7.1, "Definitions", Subsection 4.7.1(p.) "Southwest Neighborhood Overlay District" to expand the area as shown on the map by repealing the existing map and replacing it with a new one; and, Section 4.5.9, "The Southwest Neighborhood Overlay District", Subsection 4.5.9(A), "Defined" to correct a scriveners error. 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 1 PROPOSED AMENDMENT The Family/Workforce Housing Ordinance, adopted by the City Commission on December 6, 2004, included incentives to provide workforce housing by allowing density bonuses within the Southwest Neighborhood Overlay District. On November 20, 2007, the City Commission adopted Comprehensive Plan Amendment 2007-2, which included a City-initiated text amendment to expand the Southwest Neighborhood Overlay District by amending the description of the Medium Density FLUM designation to include the area along SW 12th Avenue, between SW 2nd Street and SW 3rd Street. On August 19, 2008, the City Commission adopted Ordinance 33-08 which amended the description of the overlay district of.the Southwest Neighborhood Overlay District within LDR Section 4.5.9, as well as the description and map within LDR Section 4.7.1(p) which depicts the Southwest Neighborhood Overlay District. This currently proposed amendment is associated with a portion of a larger development known as Coda, which is located on the south side of SW 15t Street, between SW 1St Avenue and SW 2 d Avenue. Coda is located on property within two (2) zoning districts: RM (Medium Density Residential) and RO (Residential Office). The southern portion, which measures 1.83 acres, is zoned RM (Medium Density Residential) and consists of 36 residential units. The northern portion, which measures 0.62 acres, is currently Planning and Zoning Board Memorandum Staff report, January 27, 2014 Amendment to the LDRs to Expand the Southwest Neighborhood Overlay District zoned RO (Residential Office) and was approved for a mixed-use building that accommodated 17,780 sq. ft. of office (net) space and four (4) residential units. This building was never constructed. The southern portion of the development is also located within the Southwest Neighborhood Overlay District which allows for densities up to a maximum of 24 units per acre. However, the northern portion of the development, which is zoned RO, is not included within the Southwest Neighborhood Overlay District. As a result, the maximum allowable density is 12 units per acre. It is noted that the applicant has also submitted a Future Land Use Map amendment from TRN (Transitional) to MD (Medium Density Residential 5-12dulac and rezoning from RO to RM in order to increase the maximum allowable density from 12 to 24 units per acre subject to the provision of workforce housing. In order to implement the same densities that are allowed on the south parcel, the applicant has requested an LDR Amendment to modify the map within LDR Section 4.7.1(p) by expanding the Southwest Neighborhood Overlay District to include the entire Coda development (see Exhibit "A" — Pages 5 and 6). The Applicant has provided the following justification for the proposed change: 1. Approximately 78% of our 2.492 acre site is already located in the Overlay District. 2. The language in the code defines the Overlay District as "The area zoned RM between Interstate 95 and S.W. 1st Avenue, from.Atlantic Avenue to S.W. 2nd Street, except along SW 12th Avenue, where it extends south to SW 3rd Street. If the rezoning request is adopted, we will be consistent with this language. 3. The proposed amendment is consistent with the Comprehensive Plan and is projected to result in the creation of two additional workforce housing units in a location convenient to the downtown. In addition, the request includes a revision to LDR Section 4.5.9 "Southwest Neighborhood Overlay District" to correct a scrivener's error to the boundary description. The boundary description incorrectly references NW 1st Avenue whereas SW 1s#Avenue should have been referenced as the eastern boundary of the overlay area as shown below: Section 4.5.9 The Southwest Neighborhood Overlav District (A) Defined. The Southwest Neighborhood Overlay District is the area zoned RM located between Interstate 95 and n—i SW 1st Avenue from Atlantic Avenue to S.W 2nd Street, except along SW 12th Avenue, where it extends south to SW 3rd Street. The applicable regulations set forth in Section 4.7, "Family/Workforce Housing" (in addition to applicable Land Development Regulations) shall apply to this district ANALYSIS Pursuant to LDR Section 2.4.5(M)(5), Findings, in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and the following applicable objectives and policies were noted: Objective A-7: To encourage the provision of workforce housing and transit-oriented workforce residential development in the City, the following policies shall be implemented. 2 Planning and Zoning Board Memorandum Staff report, January 27, 2014 Amendment to the LDRs to Expand the Southwest Neighborhood Overlay District Policy A-7.1: The maximum density may be increased within the Medium Density, General _ Commercial and Transitional Future Land Use designations through the Workforce Housing "Density Bonus Program" The concept is that for every workforce housing unit that a developer builds, a calculated number of market rate units greater than would be allowed otherwise may be built. Policy A-7.2: Workforce Housing Overlay Districts shall be identified on the Future Land Use Map. The maximum density within these districts shall be as follows: • The MROC (Mixed Residential Office Commercial) zoning district shall have a maximum density of 40 units per acre except within the Tri-rail Station Overlay where the maximum density is 50 units per acre. • The Southwest Neighborhood and Carver Estates Overlay Districts shall have a maximum density of 24 units per acre. • The 1-951CSX RR Corridor Overlay District shall have a maximum of 24 units per acre. • The SW 10t" Street Overlay District shall have a maximum density of 12 units per acre. • The Four Corners Overlay District shall have a maximum density of 30 units per acre. • All other Overlay Districts shall have a maximum density of 18 units per acre. The proposed amendment will further these policies by supporting expansion of the Workforce Housing Program. The goal of this program is to encourage the provision of housing which is affordable to very low and also to moderate income households. If approved, the amended Southwest Neighborhood Overlay District boundaries shall be reflected on the Future Land Use Map. Based on the above, a positive finding can be made that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive. The purpose of this privately initiated LDR text amendment is to expand the Southwest Neighborhood Overlay District to incorporate the north 97.33 feet of the Coda development, lying south of SW 15t Street, between SW 1St Avenue and SW 2"d Avenue and to correct a scriveners error. Positive findings can be made with respect to LDR Section 2.4.5(M)(5). `REVIEW BY OTHERS Community Redevelopment Acrency(CRA): The Delray Beach Community Redevelopment Agency (CRA) reviewed the proposed rezoning at its meeting of November 7, 2013 and recommended approval. Courtesy notices were provided to the following homeowner and civic associations: ■ Delray Citizens Coalition Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. RECOMMENDED ACTION Move a recommendation of approval to the City Commission for a privately-initiated amendment to Land Development Regulations by amending Article 4.7 "FamilyANorkforce Housing", Section 4.7.1, "Definitions", Subsection 4.7.1(p) "Southwest Neighborhood Overlay District" to expand the area as shown on the map by repealing the existing map and replacing it with a new one; and, Section 4.5.9, "The Southwest Neighborhood Overlay District", Subsection 4.5.9(A), "Defined" to correct a scriveners error by adopting the findings of fact and law contained in the Staff Report and 3 Planning and Zoning Board Memorandum Staff report, January 27, 2094 Amendment to the LDRs to Expand the Southwest Neighborhood Overlay District finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Attachments: • Exhibit "A" • Proposed Ordinance 4 Planning and Zoning Board Memorandum Staff report, January 27, 2014 Amendment to the LDRs to Expand the Southwest Neighborhood Overlay District Exhibit "A" Current Language LDR Section 4.7.1(p) p. Southwest Neighborhood Overlay District — The area zoned RM between Interstate 95 and S.W. 1st Avenue, from Atlantic Avenue to S.W. 2nd Street, except along SW 12th Avenue, where it extends south to SW 3rd Street, as shown in the map below. [Amd. Ord. 52-08 11118108]; [Amd. Ord. 33-08 8119108] -: iT d COQ 74. , o FCx? A TL f3 T!C A M 0 i I i n�i _ . - -- 5 Proposed Change Showing Modified Map LDR Section 4.7.1(p) p. Southwest Neighborhood Overlay District — The area zoned RM between Interstate 95 and S.W. 1st Avenue, from Atlantic Avenue to S.W. 2nd Street, except along SW 12th Avenue, where it extends south to SW 3rd Street, as shown in the map below. [Amd. Ord. 52-08 11118108]; [Amd, Ord. 33-08 81191081 -1 r y i , 3 A T t A N TEC V EN U L �6 L 43'N - r - dfdd F £3. 6 ORDINANCE NO. XX-14 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 ARTICLE 4.7 "FAMILYIWORKFORCE HOUSING", SECTION 4.7.1 "DEFINITIONS", SUBSECTION (P) "SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT" TO EXPAND THE AREA AS SHOWN ON THE MAP BY REPEALING THE EXISTING MAP AND REPLACING IT WITH A NEW ONE; AND BY AMENDING SECTION 4.5.9 "THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT" TO CORRECT A SCRIVENER'S AREA, 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 December 16, 2013, and voted to to recommend that the changes be approved; and WHEREAS, the City Commission reviewed the proposed text amendment at a public hearing held January , 2014 and voted to to amend the proposed text amendment to add parking regulations regarding call centers to Subsection 4.4.13 (G)(1) "Core And Beach Area Supplemental Regulations" only. 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 Article 4.7 "Family/Workforce Housing", Subsection 4.7.1 "Definitions", Subsection (p) "Southwest Neighborhood Overlay District" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, shall be the same and is hereby amended to repeal the existing map in its entirety and enacting a new map as follows: p. Southwest Neighborhood Overlay District—The area zoned RM between Interstate 95 and S.W. 1st Avenue, from Atlantic Avenue to S.W. 2nd Street, except along SW 12th Avenue, where it extends south to SW 3rd Street, as shown in the map below. LEM ' � V OUR = ono IFt T-- ELI IM a - 3- e A 4HSYE ..r TL .. j. Section 3. That Section 4.5.9 "The Southwest Neighborhood Overlay 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: (A) Defined: The Southwest Neighborhood Overlay District is the area zoned RM located between Interstate 95 and N-.W. SW 1st Avenue from Atlantic Avenue to S.W. 2nd Street,except along SW 12th Avenue, where it extends south to SW 3rd Street. The applicable regulations set forth in Section 4.7, "Family/Workforce Housing" (in addition to applicable Land Development Regulations) shall apply to this district. 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 , 2014. 2 ORD.NO. Mayor ATTEST City Clerk First Reading Second Reading 3 ORD.No. ORDINANCE NO. 06-14 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 ARTICLE 4.7 "FAMILY/WORKFORCE HOUSING", SECTION 4.7.1 "DEFINITIONS", SUBSECTION (P) "SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT" TO EXPAND THE AREA AS SHOWN ON THE MAP BY REPEALING THE EXISTING MAP AND REPLACING IT WITH A NEW ONE; AND BY AMENDING SECTION 4.5.9 "THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT" TO CORRECT A SCRIVENER'S ERROR, 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 27, 2014 and voted 7 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 Article 4.7 "Family/Workforce Housing", Subsection 4.7.1 "Definitions", Subsection (p) "Southwest Neighborhood Overlay District" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, shall be the same and is hereby amended to repeal the existing map in its entirety and enacting a new map as follows: P. Southwest Neighborhood Overlay District— The area zoned RM between Interstate 95 and S.W. 1st Avenue, from Atlantic Avenue to S.W. 2nd Street, except along SW 12th Avenue, where it extends south to SW 3rd Street, as shown in the map below. TH RUM , a[ V HR€ 0€ NFEU 1111MdHff ED Section 3. That Section 4.5.9 "The Southwest Neighborhood Overlay 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: (A) Defined: The Southwest Neighborhood Overlay District is the area zoned RM located between Interstate 95 and . S.W. 1st Avenue from Atlantic Avenue to S.W. 2nd Street, except along S.W. 12th Avenue, where it extends south to S.W. 3rd Street. The applicable regulations set forth in Section 4.7, "Family/Workforce Housing" (in addition to applicable Land Development Regulations) shall apply to this district. 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 , 2014. Mayor ATTEST 2 ORD.NO. 06-14 City Clerk First Reading Second Reading 3 ORD.NO. 06-14 FR DAY MARCH 7.2014 i (561)a20-4343 THE PALM BEACH POST RMHEMSTAUSHERE. I PALMBEACHPOST.COM Ef �I CITY or MLR11Y NEALX,FLORIDA NOTICE OF PLIALIE HEARING A-PUBLIC HEAR0445 vuill.be held on the following proposed ordinances on TUESDAY, MARCq.18; 2014 at 7;00.p.m: or at any continuation of such meeting whack set by the .0mrnission), rn thR inmisslon Chambers, 100 k.Wa AvenU4, Delfay-Beach,Floridaf'. which time the City CGmmisslON: Il'Consider their adoption. ThZ-°proposed ordinances may be Lnspected at the: Office of the City Clerk�at City Hall, 1UD-N.W,Ist Avenue,Delray Beach, Florida,-between 5:00 a.M�nn-and 5:04 p.m.,Monday through Ff ptr&cept . holidays.Intemyted partie9are lhvited to attend and be heard with respectto the proposed ordinances, 'ORDINANCE NO.Ib4-14 AN ORDINANCE OF THE CITY COMMISSION O F THE CITY OF dl:LR.AY .x REACH, FLORIDA,,RltzONING AND PLACING LAND PRESENTLY ZONED RO (RESIDENTIAL.OFFICE) DISTRICT TO RA(MEDIUM DENSITY RESIDENTIAL] DISTRICT SAID LAND BEING A PARCEL LOLATED.ON THE SOUTH SIDE OF Sw - I57STREEI;.BETWEEN SWI5TJMVENUE AND Soy ZND AVENUE. AS MORE PAKTICULAILEY DESCRIBED HEREIN. AMENDINy'ZONIwG MAP OF DELRAY BEACH, FLORIL/A,-JANUARY 201.2 PRO VIDIh—GW=RI`UL REPEALER CLAUSE,A SAVING CLAUSE,AND AN EFFECTIVE BATE.- ORDIFIANCE NCL 01544 AN ORDIiii[A ICE OF THE CITY COMMISSION.OFTHE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE 'LAND DEVELOPMENT REGULATIONS .BY AMENDIJIG ARTICLE 4.7°FAMILYI WORKFORCE HdUSimv" SECTION 4.7-1 "DEF1NaTIONS't SUBSECTION (p) 'so UTHWdES.f"NE1GHBORHOOD OVERLAY DISTR 17-TO.EXPAND THE AREA AS-SHOV99 ON'THE MAP BY - REPEALING THE'R>asTiNG MAP ANO REPLACING IT YIAFTH A NEW�iE: ANIIJ BY AMENDING SECTION 49.9 'THE SOLITFIWEST NIEIGl{BOJ4?l@OD' OVERLAY'DI5TRICT" -TO CM.ECT -A IGRhfIENER'S ERROR, PitoviDiNG A SAVLf416 CLA SE,• A GENERAL' REF'EAVIR CLAUSCAND AN EF#Ef.TIVE DAT0 Pleam4.16a sdyised that If a person deriftvto appeal any de Aon rnade by the city eorrinissionvrf$respect to . arty mutter mnsFdared artlsis fieariiig, suelt peraon.maV need to ensure thtre`a:verbatim rmord loclud&s the te;tilnony anci deuce upon Which the appeal Is Wbe based.The City dam not provide nor Prepare such Me rd PUMuartto F.S,.286rQ1US., CITY OF DELRA.Y BEACH" Chevelle D,Nubin,MMC City Clerk PURL•ThePalm Reach FW . �3-712014 0209956 -