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155-86 ORDINANCE NO. 155-86 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING THE POLICY GUIDE TO THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN AS AN AMENDMENT TO THE COMPREHENSIVE PLAN; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of Delray Beach, Florida, is in the process of updating its Comprehensive Plan in compliance with State law; and, WHEREAS, The City Council of the City of Delray Beach, Florida, desiring citizen input into this process, appointed a Land Use Advisory Committee to develop a Policy Guide to the Land Use Element of the Comprehensive Plan; and, WHEREAS, The aforesaid Policy Guide has been reviewed by the City Planning and Zoning Board and City Council of the City of Delray Beach, Florida in public hearings, and reviewed by the State land planning agency; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Policy Guide to the Land Use Element' of the Comprehensive Plan, as contained in Exhibit "A" attached hereto and made a part hereof, is hereby adopted as an amendment to the Land Use Element of the Comprehensive Plan. Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. That this ordinance shall become effective ten days after passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 30th day of December , 1986. ATTEST: First Reading December 2, 1986 Second Reading December 30, 1986 E X H I B I T" A" POLICY GUIDE TO THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN DELRAY BEACH, FLORIDA SEPTEMBER 1986 CITY OF DELRAY BEACH Doak S. Campbell III, Mayor CITY COUNCIL Jimmy Weatherspoon, Vice Mayor Malcolm Bird * Marie Horenburger Richard Daugherty PLANNING AND ZONING BOARD Kathi Sumrall, Chairperson * Jack L. Kellerman, 1st Vice Chairman John Vislocky, 2nd Vice Chairman Robert G. Currie Louis P. Marechal Phyllis Plume Sid Soloway LAND USE ADVISORY COMMITTEE Phyllis Plume, Chairperson * Tore Wallin, Vice Chairperson * Elaine Roberts, Secretary Yvonne Baine James L. Bowen Helen Coopersmith Mark P. David David Days Elizabeth Matthews David Nathanson Charles O'Conner Leonard Parnes Joycelyn Patrick Sam Schwimer Sid Soloway Robert Stump Leonard Syrop Michael Tiernan Connie Turtle Charlotte Vogler CITY ADMINISTRATION City Manager: James L. Pennington Assistant City Manager: Robert A. Barcinski Planning Director: Robert S. Cohn * Planner: Murray P. Kaplan, AICP * * Final Editing/Revision Committee LAND USE MIX General Goal Statements And Preface The City of Delray ~each should continue to be a low-rise, low density, predominantly residential community served by adequate parks, open space, recreation and cultural facilities. Such a comunity should be provided with support uses and facilities, including sufficient commercial uses to meet its convenience shopping and personal service needs, as well as a viable and physically attractive downtown providing a broad mix of uses and activities. In addition, appropriate industrial, business and office park development should be encouraged to help provide a solid tax base and broad employment opportunities for its citizens. All growth in the City, however, should be timed to coincide with available and adequate public facilities, including roads, water and sewer systems. Policy Statements: (1) The Land Use Plan should be developed with a mix ~f residential, commercial and industrial uses, but should remain predominantly residential. The mix should provi'de the City with a well balanced economic base in order to provide job opportunities for its residents and help maintain the current level of property taxes and services. (2) The population of the City at build-out, including developed County "pockets", which is presently projected to be about 60,000 year-round residents or 70,000 total residents, should be approximately maintained. This does not include the population in the Reserve Annexation Area. However, a total buildout population should not negatively impact the quality or quantity of municipal services. (3) Residential densities should be increased slightly around the CBD in order to increase the potential market, promote safety and provide more opportunities for housing in these areas. (4) The City should aggressively work with the School Board in order to identify future school sites in the Delray Beach Planning Area and should assist in acquisition through dedication, and/or density transfers in order to encourage more families to live in the City. (5) Zoning should be amended to allow adult congregate living facilities, group homes and foster care homes in certain residential and commercial districts. -1- (6) A study should be made to see if housing costs can be reduced in areas targeted for redevelopment. (7) Residential uses should be permitted in commercial areas where integrated into a commercial building. Residential free-standing buildings in commercial areas would be conditional uses. (8) A neighborhood office/residential district which would be residential in character should be created to encourage redevelopment of certain areas. (9) The City should amend its non-conforming commercial and industrial use provisions to add an amortization provision which would require all non-conforming uses to be eliminated within a certain time period. (10) All developments within commercial and industrial zoning districts should meet, to the maximum extent possible as determined by the City, present landscaping standards by 1990 and off-street parking regulations by 1995. (11) Conditional use and site plan approvals should expire after eighteen months if no development has taken place. A single eighteen month extension may be granted if the facility is brought to current code. (12) The City should review the quantity and location of all parks and recreational facilities existing and planned to attempt to provide at least 3 acres of public land per 1,000 population. (13) The City should strive for an interlocal agreement with the County to review and comment on all proposed changes in land use designation, rezonings, and special exceptions in the reserve annexation and County "pocket" areas. (14) Use of the Special Activities District (SAD) should be applied only in unique situations and used only when conventional zoning districts cannot be applied. Every effort should be made to rezone existing SAD's back to conventional zoning districts. (15) The City should identify and encourage the preservation of historic structures and work toward establishing historic areas, with Appropriate ordinances should be developed to encourage preservation of historic structures. -2- RESIDENTIAL General Goal Statements And Preface A wide range of housing choices should be provided for the citizens of Delray Beach, with special emphasis given to upgrading deteriorated residential neighborhoods and creating appropriate regulations and incentives for the preservation of existing residential neighborhoods and revitalization of selected areas within the City. Policy Statements (1) A wide range of housing choices in varying price ranges should be available for the residents of Delray Beach. E~phasis should be put on upgrading existing housing and providing housing opportunities for young professional and business households. (2) Single family housing opportunities should be provided in the northwest and southwest sectors of the City in order ~o encourage more families to live in Delray Beach. The southwest sector should be oriented toward large-lot zoning. (3) The City should develop programs and incentives for infill housing throughout the Enterprise Zone and Community Redevelopment Area. (4) Consideration should be given to reducing single family lot sizes from 7,500 to 6,000 square feet where appropriate. (5) Declining residential neighborhoods should be identified and every effort made to upgrade them. (6) The City should work diligently to provide its fair share of the regional needs for low cost housing. (7) In order to develop a better demographic mix, the City should discourage additional adult-only, large scale multi-family residential communities. (8) In an effort to simplify the zoning code, the number of residential zoning districts should be reduced. A perfor- mance zoning approach should be used for multi-family districts in which any density over the established minimum must be justified by the property owner according to set criteria. -3- COMMERCIAL General Goal Statements And Preface The City should have orderly, convenient and adequate shopping centers and business uses, strategically located to serve the residents of the City, and should designate sufficient land for large office users where adequate capital facilities can. be provided. Adjacent residential areas should be protected. Policy Statements: (A) Retail And Heavy Commercial: (1) The location, general purposes and permitted uses of all commercial zoning districts should be reviewed in order to improve the quality and gain better control over their impact on the surrounding areas. (2) Except within the Community Redevelopment Area, all future land use plan changes and rezonings from residential and industrial designations to retail commercial shall be discouraged unless a market study can demonstrate a compelling public need. A traffic impact study of the proposed change 'shall also be required. (3) Where the need for retail centers can be proven, they shall be located at the intersection of arterial roads; however, over-commercialization of these intersections shall be avoided in order to promote traffic safety and efficient circulation. (4) Ethnic neighborhood retail centers should be estab- lished to serve unique cultural areas. (5) Additional strip commercial zoning shall be avoided. (6) Efforts should be made to revitalize existing commer- cial areas located along Federal Highway, in inner-city neighborhoods, within the Enterprise Zone and within the Cormnunity Redevelopment Area. This could be done through a combination of redevelopment incentives, increasing the depth of commercial zoning, public improvement, and alternative financing mechanisms. (7) Consideration should be given to refining the location of the Specialized Commercial (SC) District along Federal Highway, and providing a transitional zoning district of more restrictive commercial uses adjacent to the Central Business District. -4- (8) Additional automobile dealerships within the City limits should be controlled through the application of strict development regulations and design guidelines. (9) Heavy co~ercial uses such as automobile repair uses and services, equipment rental, etc., should be limited within the Specialized Commercial (SC) District by designating these uses as conditional, or by creating a new heavy commercial zoning district. (10) Ail automotive uses should be carefully reviewed with the use of specific development regulations. Those uses which are nonconforming should be phased out. (11) Specialty retail uses should be encouraged along Atlantic Avenue east of the Intracoastal Waterway and in the Central Business District, in order to encourage pedestrian traffic and preserve and enhance the character of these areas. (12) Consideration should be given to expansion of the depth of the commercial district along West Atlantic Avenue from Swinton Avenue to 1-95 in order to encourage redevelopment. : (B) Office Uses: (1) The City should encourage headquarters of corporations to locate within the corporate City limits. (2) If additional major office developments are needed, they should be located with accessibility and visibility from Interstate 95. They should be developed in phases at an intensity and scale compatible with the existing and planned road network and with adjacent and proposed land uses. (3) Potential new office sites should be encouraged along north and south Federal Highway, and Atlantic Avenue and Linton Boulevard east of 1-95, which may revitalize declining areas. (4) Selected residential transitional areas of the City should be identified for neighborhood residential office uses. These uses should be'restricted so as to not adversely impact the neighborhood. The architecture and design of these areas should be compatible with the existing residential areas and remain residential in character. Such an office district may also be used to preserve existing old, single family buildings. -5- (5) Office uses should be preferred to retail commercial uses as a buffer between residential and more intensive uses such as industrial uses. (6) In order .to reduce traffic impact from business and office parks, selective supporting services and retail uses should be encouraged within these developments primarily for the needs of the tenants. These supporting uses should not have direct access from arterial roads. INDUSTRIAL General Goal Statements And Preface Attractive, adequate industrial developments should be encouraged in the City in order to provide employment opportunities for its citizens and to broaden the tax base. These areas are to be located with convenient transportation access and in a manner so as not to adversely impact residential areas, t Policy Statements: : (1) The City of Delray Beach should encourage primarily light industrial uses in industrial areas, which uses should have the following attributes: (a) create significant number of assembly and manufacturing employment opportunities. (b) have minimal environmental impacts. (c) be aesthetically attractive. (2) The City should encourage research and development uses, especially in electronics, telecommunication, computers and automated office equipment, health related industries, and other growing and emerging technologies. (3) The City's Enterprise Zone activities should be continued. (4-) Industrial uses which offer city residents semi-skilled and lower skilled employment opportunities should be encouraged to locate within the City's Enterprise Zone. (5) The City should discourage additional mini and self-storage uses and pure warehouse uses. However, provision should be made in the zoning code for such uses to be conditional uses rather than prohibited entirely as in the present zoning code. -6- (6) The City should encourage office/service/and showroom/ware- house uses in industrial areas rather than pure warehousing and storage uses. (7) Permitted uses in the Medium Industrial District should be reexamined so-that heavy industrial uses are prohibited. (8) Existing deteriorated industrial and heavy industrial uses should be identified and every effort made to upgrade and screen them. PUBLIC AND SEMI-PUBLIC General Goal Statements And Preface The downtown area of Delray Beach should serve as a focal point for governmental activities and buildings to provide a civic identification and an impetus for revitalization. In addition the importance of a quality school system as well as medical and institutional facilities for the citizens of the City are also recognized and should be properly planned for. t Policy Statements: ~ (A) Public (1) A new Community Facilities land use category and zoning district should be created in order to properly regulate existing and future public and semi-public land uses. (2) The City of Delray Beach and the business community should make every effort to attract public (government) facilities in the government center area along Atlantic Avenue. (3) The City should work with the School Board to determine the need for school sites in the greater Delray Beach area. (4) The City should examine its space needs for govern- mental, civic and municipal services administration at build-out and plan for an orderly expansion of existing facilities. (5) The City should acquire additional properties between and including City Hall and Delray Beach Elementary School in order to establish an enlarged civic complex in the downtown area. (6) The City should develop a fifteen (15) year plan and a five (5) year Capital Improvements Program designed to meet the public facility and service needs for growth and redevelopment over this period. --7-- (B) Semi-Public: (1) A medical and institutional use area should be designated at the southwestern fringe of the City in the vicinity of the Delray Beach Community Hospital. (2) Child da~ care facilities should be encouraged in major employment centers by designating such uses as conditional within major planned office and business parks. (3) The City should make provisions for special community facilities, such as rehabilitation centers for handicapped, alcohol and drug treatment facilities, and shelters for abused adults and children, in certain residential and commercial zoning districts. RECREATION AND OPEN SPACE General Goal Statements And Preface Due to its ocean location, seasonal residents, large retirement segments of the population, and the large number of private recreation facilities, the park and recreation needs of Delray Beach should therefore be carefully planned to accommodate young families and all its citizens. Policy Statements: (1) The City should prepare a detailed parks and recreation master plan addressing the quantity, type and location of such needed facilities in the future. Until this master plan is prepared the land use plan should attempt to provide at least three (3) acres of local level park and recreation land per 1,000 population city-wide. (2) A variety of open space and recreation land uses should be provided in the City where there is a lack of recreation and open space provided by private developments. The development of pocket parks along entry corridors to the City should be considered. (3) A policy requiring a landscaped perimeter or "greenbelt" area on private property along all major arterial roads should be established. (4) Private water bodies such as retention and detention ponds (lakes) should be located wherever possible so that these amenities can be accessible to an entire development and can be visible to the general public. -8- (5) Unique open spaces such as parks and plazas and special sidewalk treatment and street furniture should be provided within the Central Business District. Automobile use along Atlantic Avenue should be minimized. The City shoul4 prepare a master beautification plan for all public property including rights-of-way. (7) 'The City should make provisions in its annual budget for implementation of the beautification plan and should seek private contributions for this endeavor. Donations of trees from developers should also be encouraged. (8) The City should encourage the continual u~grading of existing parks, including the beach. STREET SYSTEM/TRAFFIC CIRCULATION SYSTEM General Goal Statements And Preface The City should provide an adequate and smooth-flowing City road network meeting the traffic needs of residential,'commercial and industrial areas which links conveniently and efficiently with the surrounding transportation network of the South Florida Region. Policy Statement: (1) The City endorses the Metropolitan Planning Organization's Year 2010 plan. (2) A "traffic management program" should be instituted in areas of great intensity such as Linton Boulevard, West Atlantic Avenue and Congress Avenue areas. This traffic management program may consist of the following activities: (a) Improvements to the existing arterial road network. (b) Improvements to existing interchanges. (c) Additional interchanges or arterial roads. (d) Van and car pooling programs. (e) Staggered work hours. (f) Improved public transportation. (3) Sufficient rights-of-way should be made available or should be acquired in advance of new development to provide for long range expansion of arterial and collector roads. (4) Land use density and intensity should be planned by the City to match the existing and ultimate capacity of the adjacent road network. Improvements to the road network to -9- accommodate project traffic should be made prior to the ultimate build-out of new developments and large scale developments should be phased and timed to coincide with available roadway capacity. (5) The_ City shoul~ continue to work with the other government agencies to better develop and coordinate an adequate regional road network. (6) The City should strive to establish Level of Service C as its desired average annual 24-hour service level for all roadways in the City, excluding peak hours and peak season. (?) The road impact fee structure should be re-examined periodically to be sure that funding for roadway improvements meets the impact caused by growth. HEIGHT AND INTENSITY General Goal Statements And Preface The City should recognize the public desire for a continuation of a "small town" character for Delray Beach. However, the need exists to provide some limited aesthetic height variation in carefully chosen and very select locations without an increase in intensity of use. At the same time, the City must recognize the need to strongly regulate the intensity and aesthetics of all residential, commercial, office and industrial developments, regardless of height. Policy Statements: (1) Height regulations in the City should not be based upon the number of floors of use but rather should be related to the number of feet above the highest elevation of the crowns of the adjacent roads. (2) The City should establish a maximum height in commercial and industrial zones of 48' by right, and should allow up to 60' at very select locations, based upon meeting the requirements set forth in a height overlay ordinance. Recomendations contained in the. Redevelopment Plan concerning height and intensity should be incorporated into this ordinance. (3) The village character of the Central Business District (CBD) and Limited Commercial District (LC~ east of the Intracoastal Waterway should be encouraged and preserved. (4) Land use intensity factors should be established for all commercial and industrial zones other than CBD and LC (Atlantic Avenue) Districts and within the Community -10- Redevelopment Area. These factors should include maximum floor area ratio (F.A.R., maximum allowable building area), maximumpervious (open space) area ratio, and an inclined plane approach to setbacks, rather than building coverage. (5) Maximum permissible height in residential districts shall be ' A set es a d48t'blisheUnif°rm of height regulations should be for all the residential districts. A gradual change in height should be established related to density and purpose, within the 48' maximum limit. ANNEXATION/WATER SERVICE POLICY General Goal Statements And Preface The City should carefully explore the fiscal feasibility of extending its reserve annexation area and water service area boundaries out to the E-3 Canal. Efforts to annex County "pockets" should also be increased and an incentive program created. Policy Statements: : (1) The Reserve Annexation Area boundaries should be shifted out to the E-3 Canal on the west, but only if a fiscal impact study is prepared showing that this area can be serviced by the City without a general tax increase or a decrease in the quality and quantity of any City services. (2) Regardless of the Reserve Annexation Area boundaries, the City's water service area should be shifted out to the E-3 Canal to match the sewer service area, but only if a Water Master Plan is prepared showing that adequate water will be available to service this area without a rate increase or a reduction of water pressure to existing customers, until the Water Master Plan and a Capital Improvement Program is completed and implemented, a limit should be set on the number of water service connections between 1-95 and the reserve annexation boundary, with preference given to properties within the City limits. (3) A program of water conservation, including recycling, should be developed. (4) The City should continue to aggressively seek the annexation of County "pockets" and, in the interim, continue to work with Palm Beach County to establish common land use designations and compatible zoning regulations. The City should also work with the State to provide municipalities with certain powers regarding land development regulations within enclaves. (5) The City should develop a program of incentives to encourage voluntary annexation of County "pockets". An educational and marketing program also should be developed and a staff person designated to implement it. (6) The City should enter into interlocal agreements with Palm Beach County, Boca Raton and Boynton Beach, to allow for input from adjacent governments for "major developments" within an identified impact zone, which would include County "pockets" and the Reserve Annexation Area. (7) The City should adopt new agricultural and trailer park zoning and make provision for existing trailer parks, flea markets and drive-in theaters as conditional uses, to allow certain developed unincorporated areas to be annexed without hardship. These districts and uses should not be applied, however, to other areas of the City, except for the creation of an estate type zone for an agricultural-residential area. -12- E X H I B-I T" A" POLICY GUIDE TO THE LAND USE ELEMENT OF THE ~ COMPREHENSIVE PLAN DELI?AY BEACH, FLORIDA SEPTEMBER 19 8 6