Ord 20-06
ORDINANCE NO. 20-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES BY AMENDING CHAPTER 4 "ZONING
REGULATIONS", SECTION 4.1.4, "USE OF LOTS OF
RECORD", BY ENACTING A NEW SUBPARAGRAPH 4.1.4(D),
TO PROVIDE FOR THE USE OF LOTS OF RECORD OF AT
LEAST 40 FEET FOR THE CONSTRUCTION OF
WORKFORCE HOUSING UNITS AS LONG AS THE
DESIGNS CONFORM TO CERTAIN PLANS; PROVIDING A
GENERAL REPEALER CLAUSE; A SAVINGS CLAUSE AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission desires to encourage the development of
Workforce Housing; and,
WHEREAS, as long as certain designs are used, some lots of 40 feet that are not
normally buildable are encouraged to be used for the development of Workforce Housing;
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board
reviewed the proposed text amendment at a public hearing held on February 27, 2006 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 DELRA Y BEACH, FLORIDA AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Section 4.1.4, "Use of Lots of
Record" is hereby amended by enacting Subsection 4.1.4(D) to read as follows:
OJ) Within the R-l-A. RL and RM zoning districts. lots of record havirlg
at least forty (40) feet of frontage may be used for Workforce Housing, as long as the workforce
housing unit meets the typical designs represented by the sketches set forth in Section 4.7.12(a). the
lot is a minimum of 4.000 square feet and conforms to setbacks: provided. however the minimum
side setback may be reduced to a minimum five feet (5') if necessary to accommodate the designs set
forth in Section 4.7.12(a) and meets other development standards in the zoning district. The
Workforce Housing unit on a lot with frontage as herein described must include rear access via an
alley. if available. The unit must also contain design features such as. but not limited to. front
porches. eyebrows. outriggers. gables. dormers. arbors. trellises. shutters. balconies. decorative vents.
siding. textured stucco finishes. undulating facades and other such appropriate architectural features.
Section 2. That all ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
Section 3. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, clause 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
hereof other than the part declared invalid.
Section 4.
second and final reading.
/( ~ PASSED AND~PTED in regular session on second and final reading on this
the \ day of ~ ~ ,2006.
That this ordinance shall become effective upon its passage on
ATI'EST:
~of~
~)J.~
City Clerk
Fits. Reading _".
Second Reading 4
2
ORD. NO. 20-06
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER t1JV\
AGENDA ITEM # \ <> E - REGULAR MEETING OF APRIL 4,2006
ORDINANCE NO. 20-06 (SECOND READING/SECOND PUBLIC
HEARING)
MARCH 31, 2006
TO:
FROM:
DATE:
This Ordinance is before Commission for second reading and second public hearing for a City
initiated amendment to the Land Development Regulations (LDR) Section 4.1.4, "Use of Lots of
Record" .
The Ordinance amends Section 4.1.4, "Lots of Record" to permit the use of 40 foot lots of record
and to allow a minimum of five feet side setbacks if necessary to accommodate designs that are set
forth on Pages 25-31 of Ordinance 18-06. Other amenities are also required such as front porches
and other architectural features.
The Family/Workforce Housing Ordinance, adopted by the Commission on December 6, 2004,
includes incentives to provide workforce housing by allowing density bonuses within the Southwest
Neighborhood Overlay District. The program is being expanded to provide additional
opportunities and incentives for the provision of workforce housing. Additional information can be
found in the attached Planning & Zoning memo.
On February 27, 2006, the Planning and Zoning Board held a public hearing in conjunction with the
request. There was one member of the public that spoke in support of the amendment.
After reviewing the staff report, the Board voted 7-0 to recommend that the request be approved by
adopting the findings of fact and law contained in the staff report, finding that the request is
consistent with the Comprehensive Plan, and finding that the request meets the criteria set forth in
Land Development Regulations (LDR) Section 2.4.5(M) (Amendment to Land Development
Regulations).
Recommend approval of Ordinance No. 20-06 on second and final reading.
S:/City Oerk/ Agenda Memos/Ord 20-06 Workforce Housing 4.1.4 040406
FROM:
~~
PAUL DORLlNG, D CTOR OF PLANNING AND ZONING
TO:
SUBJECT: MEETING OF MAR 21, 2006
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDRs) ARTICLE 4.7 "FAMILY WORKFORCE
HOUSING", SECTION 4.4.6 "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT",
SECTION 4.4.9 "GENERAL COMMERCIAL (GC) DISTRICT", SECTION 4.5
"OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION
4.3.4(J) "HEIGHT", SECTION 4.4.13(1) "PERFORMANCE STANDARDS" AND
SECTION 4.1.4 "USES OF LOTS OF RECORD", PROVIDING A REQUIREMENT
AND INCENTIVES FOR THE PROVISION OF WORKFORCE HOUSING.
The Family/Workforce Housing Ordinance, adopted by the City Commission on December 6,
2004, includes incentives to provide workforce housing by allowing density bonuses within the
Southwest Neighborhood Overlay District. The proposed amendments to the Land
Development Regulations are related to revisions in the City's Workforce Housing Program.
The program is being expanded to provide additional opportunities and incentives for the
provision of workforce housing. Major revisions to the program include the following:
1. Establishment of an additional workforce housing overlay district known as the Infill
Workforce Housing Area. This area includes the Swap Shop property on North Federal
Highway (zoned General Commercial) and all RM zoned property, east of 1-95 that does
not lie within the coastal high hazard area. A maximum density of 18 units per acre is
permitted in this area through density bonuses for the provision of workforce housing.
2. An increase in the maximum density from 12 units per acre to 24 units per acre within the
Carver Estates Overlay District through density bonuses for the provisions of workforce
housing.
3. References to the newly created Delray Beach Community Land Trust have been added.
Lump sum payments for units under the Density Bonus Program are to be paid to the
Trust.
4. The time which units are to remain affordable has been increased from 30 to 40 years.
The above four items are addressed primarily through revisions to LOR Article 4.7
"Family/Workforce Housing." LOR Section 4.5 "Overlay and Environmental Management
Districts" was modified to add the new Infill Workforce Housing Area to the list of overlay
districts and revisions were made to the Section 4.4.6 "Medium Density Residential (RM)
District" and Section 4.4.9 "General Commercial (GC) District" regulations to allow
developments with a density greater than 12 units per acre within this area. Additional
modifications were made to the RM zoning district regulations to allow relaxed development
standards within the infill Workforce Housing Area and Carver Estates Overlay District for
developments which provide workforce housing.
\06
City Commission Documentation, March 21, 2006
Family/Workforce Housing Ordinances
5. Include an additional incentive to provide workforce housing units by allowing lots of record
between 40 feet and 50 feet to be developed for workforce housing.
This item is addressed through modification of LOR Section 4.1.4 "Use of Lots of Record" to
allow currently unbuildable lots of record with frontage between 40 and 50 feet to be
developed for workforce housing. The lots must be at least 4,000 sq. ft. in size, be located in
the R-1A, RL or RM zone districts, meet the applicable setbacks (side setbacks are reduced
to 5') and other development standards in the zoning district as well as meet typical designs
represented by sketches within LOR Article 4.7 "Family/Workforce Housing."
6. Requires workforce housing to be provided where increases in density are requested in the
CBD zone district.
This item is addressed through modification of LOR Section 4.4.13(1) "Performance
Standards." These performance standards must be addressed as part of the Conditional Use
process to allow development with a density in excess of 30 units per acre within the Central
Core area or in excess of 12 units per acre in the West Atlantic Neighborhood. Language has
been added which requires developments to provide 20% of the additional units (above 30
units per acre) as workforce housing units, divided equally between low and moderate income
levels.
7. Requires workforce housing to be provided in cases were increases in height are
requested.
This item is addressed through modification of LOR Section 4.3.4.(J) "Height.". This section
deals with requirements which must be addressed to increase height above 48 feet. Language
has been added to require developments which increase the intensity by adding an additional
floor to provide workforce housing. At least 20% of the additional residential units must be
divided equally between low and moderate income levels.
The Planning and Zoning Board considered the proposed ordinances at their meeting of February 27,
2006. There was one member of the public that spoke in support of the amendment and after reviewing
the staff report, the Board voted 7 to 0 to recommend approval of the related ordinances.
By motion approve on first reading Ordinance Nos. 16-06,17-06,18-06,19-06 and 20-06 which
implement City-initiated amendments to Article 4.7 "Family Workforce Housing", Section 4.4.6
"Medium Density Residential (RM) District", Section 4.4.9 "General Commercial (GC) District",
Section 4.5 "Overlay and Environmental Management Districts", Section 4.3.4(J) "Height", Section
4.4.13(1) "Performance Standards", and Section 4.1.4 "Uses Of Lots Of Record" of the Land
Development 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.
Attachment:
. Proposed Ordinances
2
Rev. 3/14106
ORDINANCE NO. 20-06
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 CHAPTER 4 "ZONING
REGULATIONS", SECTION 4.1.4, "USE OF LOTS OF
RECORD", BY ENACTING A NEW SUBPARAGRAPH
4.1.4(D), TO PROVIDE FOR THE USE OF LOTS OF
RECORD OF AT LEAST 40 FEET FOR THE
CONSTRUCTION OF WORKFORCE HOUSING UNITS AS
LONG AS THE DESIGNS CONFORM TO CERTAIN
PLANS; PROVIDING A GENERAL REPEALER CLAUSE; A
SAVINGS CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Commission desires to encourage the development
of Workforce Housing; and,
WHEREAS, as long as certain designs are used, some lots of 40 feet that
are not normally buildable are encouraged to be used for the development of Workforce
Housing;
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning
Board reviewed the proposed text amendment at a public hearing held on February 27,
2006 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 Chapter 4, "Zoning Regulations", Section 4.1.4, "Use of
Lots of Record" is hereby amended by enacting Subsection 4.1.4(D) to read as follows:
(D) Within the R-1-A, RL and RM zoninq districts, lots of record
havinq at least forty (40) feet of frontaqe may be used for Workforce Housinq, as lonq
as the workforce housinq unit meets the typical desiqns represented by the sketches set
forth in Section 4.7.12(a), the lot is a minimum of 4,000 square feet and conforms to
setbacks; provided, however the minimum side setback may be reduced to a minimum
five feet (5') if necessary to accommodate the desiqns set forth in Section 4.7.12(a) and
meets other development standards in the zoninq district. The Workforce Housinq unit
on a lot with frontaqe as herein described must include rear access via an alley, if
available. The unit must also contain desiqn features such as, but not limited to, front
porches, eyebrows, outriqqers. qables, dormers, arbors, trellises, shutters, balconies,
decorative vents, sidinq, textured stucco finishes, undulatinq facades and other such
appropriate architectural features.
Section 2. That all ordinances or parts of ordinances in conflict herewith
be and the same are hereby repealed.
Section 3. That should any section or provision of this ordinance or any
portion thereof, any paragraph, sentence, clause 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 hereof other than the part declared invalid.
Section 4. That this ordinance shall become effective upon its passage
on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of ,2006.
ATTEST:
City Clerk
MAYOR
First Reading
Second Reading
2
Ord.20-06
cc
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CITY OF DELRAY BEACH
NOTICE OF PROPOSED
AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS
BY AMENDING CHAPTER 4
"ZONING REGULATIONS",
SECTION 4.1.4, "USE OF LOTS
OF RECORD", BY ENACTING A
NEW SUBPARAGRAPH 4.1.4(D),
TO PROVIDE FOR THE USE OF
LOTS OF RECORD OF AT
LEAST 40 FEET FOR THE CON-
STRUCTION OF WORKFORCE
HOUSING UNITS AS LONG AS
THE DESIGNS CONFORM TO
CERTAIN PLANS
The City CommisSion of the City of Delray Beach. Florida, propOSeS to adopt the following ordinance:
ORDINANCE NO. 2().(l6
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 CHAPTER 4 'ZONING REGULATIONS". SECTION 4,1 A. 'USE OF LOTS OF
RECORD", BY ENACTING A NEW SUBPARAGRAPH 4.1 A(D). TO PROVIDE FOR THE USE OF
LOTS OF RECORD OF AT LEAST 40 FEET FOR THE CONSTRUCTION OF WORKFORCE
HOUSING UNITS AS LONG AS THE DESIGNS CONFORM TO CERTAIN PLANS: PROVIDING
A GENERAL REPEALER CLAUSE; A SAVINGS CLAUSE AND AN EFFECTIVE DATE.
The City CommisSion will conduct two (2) Public Hearings for the purpose of accepting public tes.
timony regarding the proposed ordinan-:e. The first Public Hearing will be held on ~
MARCH 21 2006. AT 7:00 P.M. in the Commission Chambers at City Hall, 100 NoW. 1 st Avenue,
Dalray Beach. Florida. If lhe proposed ordinance is passed on f"st reading, a second Public
Hearing will be held on TUESDAY APRIL 4. 2006. AT 7:00 P.M. (or al any continuation of such
meeting which is set by the Commission) in the Commission Chambers at City Hall. 100 NoW. 1st
Avenue, Delray Beach, Florida.
All interested citizens are invited to attend the publio hearings and comment upon the proposed
ordinance or subn)il their comments in writing on or before the date of these hearings 10 the
Planning and Zoning Department. For further information or to obtain a copy of the proposed ord,.
nance. please contact the Planning and Zoning Department. City ,Hall. 100 N.W. 1st Avenue,
Delray Beach. Ronda 33444 (pzmail@myclelraybeach.com}orbycalling 561:'243.7040). between
the hours of 8:00 a.m. and 5:00 p.m.. Monday through Friday, excluding holidays.
PLEASE BE ADVlSED THAT IF A PERSON DECIDES TO APPEAL M<Y DECISION MADE BY
THE CITY COMMISSION WITH RESPECT TO M<Y MATTER CONSIDERED AT THESE HEAR.
INGS;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 TOFS. 286.0100.
CITY OF DELRAY BEACH
Chevelle D. Nubin
City Clerk
PUBLISH: Monday, March 13. 2006
Tuesday, March 28. 2006
Boca Raton! Delray Beach News
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C.1Iy Clerk