Ord 33-06
ORDINANCE NO. 33-06
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 SUBSECTION 4.3.4(1<).
"DEVELOPMENT STANDARDS MATRIX"; ENACTING SECTION
4.4.29. "MIXED RESIDENTIAL. OFFICE AND COMMERCIAL
(MROC) DISTRICT"; AND AMENDING SUBSECTION 4.6.9(C)(8)(a).
"SHARED PARKING". TO ESTABLISH A NEW MIXED-USE
ZONING DISTRICT; 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 May 15. 2006. and voted 4 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 the recitations set forth above are incorporated herein.
Section 2. That Subsection 4.3.4(1<). "Development Standards Matrix". of the Land
Development Regulations of the Code of Ordinances of the City of Dekay Beach. Florida. be and
the same is hereby amended to read as follows:
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ORD. NO. 33-06
Section 3. That Section 4.4.29, "Mixed Residential. Office and Commercial (MROC)
District", of the Land Development Regulations of the Code of Ordinances of the City of Dekay
Beach. Florida. be and the same is hereby enacted to read as follows:
Section 4.4.29
DISTRICT
MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC)
(A) Pur.pose and Intent: The MROC District regulations provide for a mix of
residential. office. and commercial uses in a master-planned environment. which is controlled
throug.h a Master Development Plan.
It is desired that the existence of the MROC Zoning District will encourage the development of
Class A office buildings. supporting commercial uses and residential units in a master planned
environment. which will provide housing (both market rate and workforc~. and employment
opportunities for the residents of the Greater Delray Beach CommunitJ'.
The MROC District is applied to property which has a Mixed-Use Future Land Use Map
desigpation and is bounded by West Atlantic Avenue on the north. the C-15 Canal to the south. the
1-95 transportation corridor on the east and g.enerally Congress Avenue on the west together with
the Congress Park. Congress Park South. and the Office Depot complexes. located just west of
Congress Avenue. The district's primar.y objectives are to create high qualitJ' jobs and to increase the
tax base within the corridor. To that end. the district encourages stand alone Class A office
builcling.s and mixed-use development within the corridor with commercial or office uses on the
ground floor and office or residential uses above while utilizing new urbanism desigp elements.
(a) Principal Uses and Structures Permitted: The following types of uses are allowed
within the MROC district as permitted uses:
(1) Office Center: The "Office Center" uses within an MROC development
may comprise as much as one hundred percent (100%) of the total building square footage within
the development. These uses can include:
. Financial Institutions. e.g... banks. saVUlgs and loan establishments.
brokerage firms.
. Medical Offices. e.g... physicians. dentists. chiropractors. podiatrists.
optometrists. etc.
. Professional Offices. e.g.. attorneys. epgj.neerin,g firms. architectural
. Governmental offices. e.g... includUlg federal. state. countJ'. and local
offices. along with their related fleet and communications operations
4
ORD. NO. 33-06
(which will be considered accessoJ;y uses to governmental offices and
services). civic centers. courthouses. fire stations. public health facility.
law enforcement offices and facilities. post office. public utility facilities.
communication towers and community facilities such as civic centers.
cultural facilities. libraries. auditoriums. museums. and public recreation
facilities. and services such as day care centers. abuse. child care centers.
. Business Support Services. primarily engaged in rendering services to
other building establishments. e.g.. such as m~iling. building
maintenance. personnel and employment services. management. and
consulting services. protective services. copy and printing. travel. office
supply. and similar services.
(2) Research and Development: Research and Development (R&D) uses
involve either some degree of product creation. testing. evaluation. and development or the
provision of testing and evaluation services for use by others. R&D uses may constitute 100% of
the total building square footage within the development. Examples of such uses or resulting
products include:
Product Creation, Testing. Evaluation, and Development:
. cotllPuter hardware
. cotllPuter software
. pharmaceuticals
Research and Development Services:
. calibration laboratories or services
. chemical laboratories
. commercial testing laboratories
. soil laboratories
. scientific research laboratories
(3) General Retail Uses: Retail uses not to exceed 20% of the total building
sq..uare foota,ge of the development. including. but not limited to:
. Restaurants. baked goods. books. cheeses. beer. wine. liQJ1or.
confectioneries. cosmetics. meats. medicines and prescri..ptions. flowers
and plants. fruits and v~getables. food. gifts. glassware. ice cream. leather
goods. l~ggage. medical and sur..gj.cal eq..ui..pment. music and musical
instruments. nautical supplies. office furniture eq.uipment and supplies.
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ORD. NO. 33-06
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pets and pet supplies. photographic equipment and supplies. sewing
supplies. sporting goods. toys. wearing apparel and accessories.
appliances. bic..ycles. business machines. jewelJ;y.
. Barber and beauty shops and salons. caterers. ch.y cleaning limited to on-
site processing for customer pickup only. ch.y cleaning and launch.y
pickup stations. outdoor cafes. tailoring. tobacconist.
. Galleries. butcher shops. cocktail lounges. exercise facilities. museums.
libraries. newsstands. commercial or public parking lots and parking
garages.
(1). Multi-family Dwelling Units: Multi-family uses excluditlg duplexes subject
to (a) (1)) (c) (d) below. ranging in density between 40 and 50 units per acre subject to the following:
. Residential units within 1.000 linear feet of the Tri-Rail Transit station
(measured by airline route) ma..y comprise 100% of the total floor area of
the development master plan at a maximum density of (50) units per
acre. If a portion of the parcel is within 1.000 linear feet. this regulation
shall apply to the entire parcel.
. Residential units between 1.001 and 2.500 linear feet of the Tri-Rail
Transit station (measured by airline route) m~ comprise 80% of the total
floor area of the development master plan at a maximum density of (50)
units per acre and only when proposed as part of a mixed-use
development containing office and/or commercial uses. If a portion of
the parcel is within 2.500 linear feet. this regulation shall apply to the
entire parcel.
. Residential units at a distance (measured by airline rout~ greater than
2500 feet of a transit station may comprise 75% of the total floor area of
the development master plan at a maximum density of (40) units per acre
and only when proposed as part of a mixed-use development containing
office and/or commercial uses.
(a) Residential developments must include a minimum of 20% workforce
units consisting of moderate income workforce units as defined by
Article 4.7 Family/Workforce Houslllg
(1)) Workforce units shall be subject to general provisions of Article 4.7.6.
4.7.7. 4.7.8. 4.7.9. and 4.7.10. Notwithstanding the above. residenti~l1y
developed sites within 1.000 linear feet (measured by airline route) of the
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ORD. NO. 33-06
r-/
Tri-Rail station can contain 100% workforce housing units. If a portion
of the parcel is within 1.000 linear feet. this regulation shall apply to the
entire parcel.
(c) For mixed-use developments. the shared parking provisions of LDR
Section 4.6.9. (C)(8) shall be allowed.
(d) All residential developments shall be subject to the Performance
Standards of 4.4.130)(2)
(5) Hotel, Motel and Residential all suite lodging: These types of uses may
comprise up to 20% of the total floor area of the overall master plan. For the purpose of calculating
the percentages of uses within the development master plan. multiple hotels. motels. and residential
all suite lodging uses will be considered one specific use categol1'
(C) Accessory Uses and Structures Permitted: The following uses are allowed when
a part of. or accessory to. the principal use:
(1) Parking lots and parking garages
(2) Refuse. service and loading areas
(3) Meeting and conference facilities when associated with uses in the Master
Elan.
(4) Provision of services and repair of items incidental to the principal use.
(5) Recreational facilities attendant to a multi-family residential development.
such as tennis courts. swimming pools. exercise areas. and meeting rooms.
(6) Fleet Management. field operations services. and communication facilities
associated with governmental offices and services.
(Id) Su..pplemental Uses: The following uses are allowed within the Office and
Research and Development use areas of the MDP provided that they are of such a scale. desigll. and
location to cater to the needs of employees of the office center or research and development park.
Space allocations for these uses shall be identified during the Master Development Plan approval.
. Lunch counters. cafeterias. restaurants. snack bars. and vending machine areas
. Classroom and training facilities
. Child Care facilities
. Sunch;y shops
. Exercise facilities
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ORD. NO. 33-06
(E) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the MROC District. Uses approved in this section shall be part of the
maximum percentage for each use.
(1) Health spas. fitness centers. gymnasiums. and exercise facilities which are
open to the general public
(2) Veterinary clinics.
(3) Drive-thru facilities associated with an.y allowed use.
(4) 24 hour/late night businesses (except for governmental offices and services)
as defined herein must be processed as a conditional use and are subject to the provisions of Section
4.3.3(vv).
(5) Day Care Centers subject to LDR Section 4.3.3 (E)
(F) Review and Approval Process:
(1) All Development within the MROC District shall be governed by a Master
Development Plan (MDP). The MDP shall consist of a narrative: a land use map: conceptual site.
landscaping. and utility plans: and conceptual elevations and architectural information. A MDP shall
be processed pursuant to Section 2.4.5(F) with approval granted by the Planning and Zoning Board.
A MDP may be modified pursuant to Section 2.4.5(G).
(2) In established structures. uses shall be allowed therein upon application to.
and approval by. the Chief Building Official for a certificate of occupancy.
(3) Any new development approval must be granted by the Site Plan Review and
Appearance Board with respect to Sections 2.4.5(F). (J-I). and (J) and be consistent with the
approved Master Development Plan (MDP). A site plan modification shall follow procedures
outlined in Section 2.4.5(G).
(4) Conditional uses must be approved pursuant to the provisions of Section
2.4.5(p).
(5) Applications for site plan approval pursuant to Section 4.4.13(J) must
include. in addition to the standard application items of 2.4.3(A). a site and development plan
(including landscaping. elevations. and floor plans) that is of sufficient detail to determine that the
applicable performance standards are being met. Final approval of the detailed site plan is by the
Site Plan Review and Appearance Board and is to be consistent with adopted (MDP).
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ORD. NO. 33-06
(G) DevelQpment Standards:
The following standards shall be adhered to for any development within the MROC
District. Waivers and internal adjustments to these standards mar be approved by the Planning and
Zoning Board concurrent and as a part of the approval of a Master Development Plan (MDP).
It is the intent of this subsection to establish minimum standards for development
within the MROC Zone District. When considering a Master Development Plan (MDP) in an.y
Mixed Residential. Office. and Commercial (MROC) development proposal. the Planning and
Zoning Board may attach suitable conditions. safeguards. and stipulations to address the specific
characteristics of the site and potential impacts of the proposed development.
(1) Standards Pertainit\g to Allocation of Uses:
(a) Office Center can encompass up to one hundred percent (100%) of the
total building s<;p1are footag.e within an MROC development.
(b) Research and Development can encompass up to one hundred percent
(100%) of buildmg area sq..uare footage of the total MROC development.
Furthermore. such use mar be placed within an.y of the "land use areas"
depicted on the MDP.
W Retail uses shall not encompass more than twenty percent (20%) of the
total buildmg area square footage of the MROC development.
.(dl Hotels. motels. and residential all suite lodging shall not encompass more
than 20% of the total building area sq..uare foot:a.g.e of the MROC
development. Notwithstanding the above. hotels. motels and residential
all suite lodging can comprise 100% of the floor area of an individual
building within a MDP containing multi.ple buildings.
.w Multi-family uses as identified under LDR Section 4.4.29()3.)(4).
(2) Standards Unique to the MROe District: Where standards unique to the
MROC District conflict with standards contained elsewhere in the zoning. subdivision. and
landscape codes. the standards of this Subsection (2) shall apply.
(a) Minimum Site Area: Minimum site area for the total development
within the MROC District is to be three (.3.) acres. However. the approving bod.y ma.y gJ:ant a waiver
to the three acre requirement upon a determination that the development is consistent with the
purpose and intent of the MROC District and attempts have been made to aggregate adjacent
parcels. Evidence must be provided that a.gw:egation is not feasible.
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ORD. NO. 33-06
(.b) Minimum Floor Area:
. Tenant space within research and development use areas must
have a minimum of 1.000 square feet per tenant.
. There are no minimum floor area requirements for office and
commercial uses.
. Residential units are subject to the minimum square footage per
unit requirements of LDR Section 4.3.4(K) (Development
Standards Matrix for Residential Zoning Districts - Subnote #1).
(c) Lot Coverage & Open Space:
. Lot coverage by building.. pavement and hardscape site
improvements shall not exceed 75% of the MROC development
of the area of any individual lot.
. Land area. equal to at least 25% of the total MROC district
including the perimeter landscaped boundar.y. shall be in open
space. Landscape areas required to meet internal parking lot
design requirements. water bodies and paved areas shall not be
included in the meeting of this 25% open space requirement.
(d) Perimeter Development: A landscape buffer shall be provided
around each MROC development. Parking, structures. perimeter roadways. and other paving is not
permitted within this buffer except for bicycle paths. sidewalks. jogging trails. and driveways or
access streets which provide ingress and egress for traffic and which are generally perpendicular to
the buffer. The width of the buffer shall be the smaller distance of either the dimensions below or
10% of the average depth of the property: however. in no case shall the landscape area be a width of
less than ten (10) feet:
. When adjacent to a collector or arterial street
. When abutting residentllllly zoned property
. When adjacent to but separated from residentially zoned
property by a street waterway. alley. railway or park
. When commercial and/or office uses abut residential
parcels within the MROC master development plan.
. When abutting non residentllllly zoned property
30 feet
40 feet
25 feet
25 feet
25 feet
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ORD. NO. 33-06
(e) Minimum Structure Size: Any free-standing non-residential
principal structure shall have a minimum floor area of 4.000 square feet: shall be architecturally
consistent with other structures in the master development plan: and shall have direct access to and
from other portions of the MROC development.
00 He~ht:
(1) Buildings shall be allowed to a maximum height of eighty-five feet (85') on
parcels of three (3) acres or more and a maximum of 48' for parcels less than three (3) acres.
(2) Office. Research. and Commercial Floor Heights shall be a minimum of
twelve feet (12') floor to floor on the first floor and ten (10') floor to floor on all floors above.
Residential uses shall have a minimum nine feet (9') floor to floor on all floors. Hotel. motel and
residential all suite lodging shall have a minimum of eight feet six inches (8' 6") floor to floor on all
floors. Auxilia!J and service rooms. such as. ~ra.ges. restrooms. closets. laund.!J rooms. dressing
rooms. storage rooms. mechanical. electrical. and plumbing equipment rooms are exempted from
the floor height r~gulations.
(g) Setbacks:
.(1) Collgtess Avenue Fron~: To the gteatest extent possible
buildings shall be placed at the minimum setback to a
maximum height of 42'. Thereafter. additional setbacks for
the portion of the building exceeding 42' shall be a minimum
of an additional 10'.
.(2). Front Yard: Shall be the minimum identified in LDR Section
4.4.29 (G) (2) (d) (perimeter Development Buffe~ to a
maximum heig.ht of 42'. Thereafter. additional setbacks for
the portion of the building exceeding 42' shall be a minimum
of an additional 10'.
m Side Yard: Shall be the minimum identified in LDR Section
4.4.29 (G)(2)@) (perimeter Development Buffers) to a
maximum height of 42'. Thereaftet:. additional setbacks for
the portion of the building exceeding 42' shall be a minimum
of an additional 10'.
!41 Rear Yard: Shall be the minimum identified in LDR Section
4.4.29 (G)(2)@) (perimeter Development Bufferv to a
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ORD. NO. 33-06
maximum height of 42'. Thereafter. additional setbacks for
the portion of the building exceeding 42' shall be a minimum
of an additional 10'.
m BuildiQg Separations: Shall be a minimum of 25 feet. For the
purpose of this section parking structures are not considered
to be buildings.
~ All floors above 42' shall have the building setbacks or planes
of the fac;:ade that are offset and varied to provide visual
~
(H) Sqp,plemental District Regulations: The supplemental district regulations as set
forth in OArticle 4.6 shall apply except as modified by. or added to. as follows:
(1)
Con.gJ:ess Avenue.
The perimeter buffer shall be landscaped to provide a boulevard effect aloQg
(2) The parking req.uirement for restaurants is established at twelve (12) spaces
per 1.000 sq.uare feet of floor area.
(3) The parking req.uirements for residential units in multi-family structures or
mixed-use buildings shall be as follows:
. Efficienc.y dwelling unit
. One bedroom dwelliQg unit
. Two or more bedroom dwelling unit
. Two or more bedroom dwelling units within
1000' of a Tri-Rail station
. Guest parking shall be provided cumulatively as
follows:
- for the first 20 units
- for units 21-50
- for units 51 and above
1.0 space/unit
1.25 spaces/unit
2.00 spaces/unit
1.5 spaces / unit
0.50 spaces/unit
0.30 spaces/unit
0.20 spaces/unit
(4) The parking for commercial uses shall be 4.5 spaces per 1.000 sqpare feet of
floor area.
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ORD. NO. 33-06
(5) The parking for office uses shall be 4 spaces per 1.000 sqJlare feet of floor
~
(6) The parking for Medical office uses shall be 5 spaces per 1.000 square feet of
floor area.
(7) The parking for governmental uses shall be as outlined in LDR Section 4.6.9.(C)
(8) For mixed-use developments. the shared parking formula under LDR
Section 4.6.9(<::)(8) can be utili'7.ed.
(9) Guest parking spaces must be accessible to all visitors and guests and ma.y be
centralized or located near recreational features within a development project.
(10) Parking adjacent to Congtess Avenue: Parking shall be located to the rear of
buildings having direct frontage along Congtess Avenue. To that end no surface parking shall be
located between buildings and Congtess Avenue. Notwithstanding the above. relief to this
requirement can be granted to accommodate pre-existing conditions.
(I) Special Regulations:
(1) Documentation which constitutes evidence of unified control of the entire
area within an MROC development must be provided at the time of submission of the Master
Development Plan.
(2) A program for full provision. maintenance. and operation of common areas.
improvements. facilities. and services for the common use of occupants of the MROC development.
and which specifically provides that no such elements or features shall be provided or maintained at
the public's expense. must be provided at the time of submission of the Master Development Plan.
(3) Executed agteements. contracts. covenants. deed restrictions. sureties. or
other legal arrangements for the maintenance. repair. and operation of matters under Subsection
(1)(2) and which bind successors in tide to any such commitments. shall be provided prior to
certification of a MROC site and development plan.
(4) The applicant must be able to bind the entire area within a proposed MROC
development to the terms. conditions. uses. and site development plan as approved in the Master
Development Plan.
(5) Multi-famil.y dwelling units ma.y be located in structures that are comprised of
residential units only or in mixed-use buildings that contain a combination of residential and non-
residential uses. However. where residential uses are located in structures having frontag.e on
13
ORD. NO. 33-06
l
Congress Avenue except if development is 100% residential within 1.000 feet of the Tri-Rail Transit
station. there mus be nonresidential uses fronting on Congress Avenue on the ground floor.
Section 4. That Subsection 4.6.9 (C) (8) (a), "Shared Parking", of the Land Development
Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, be and the same is
hereby amended to read as follows:
(a) Shared Parking: When a building or combination of buildings on a unified site
is used for both residential and commercial purposes, and is located with the
CBD, GC, MROC or PC zoning district, the minimum total number of required
parking spaces shall be determined by the following method:
Multiply the required parking spaces for each individual use by the appropriate
percentage listed in the table below for each of the designated time periods. Add
the resulting minimum required spaces in each of the five vertical columns for the
table. The minimum total parking requirement is the highest sum of the vertical
columns.
Shared Parking Calculations Table
Use for multiple use projects which include residential in CBD, GC, MROC
and PC zoning districts
Weekday Weekend
Use Night Day Evening Dqy Evening
6 P.M.
Midnight to 9 A.M. to 9 A.M. 6 P.M. to
6 A.M. to Midnig to Midnight
4 P.M. ht 4 P.M.
Residential 100% 60% 90% 80% 90%
Office 5% 100% 10% 10% 5%
Commercial/Retail 5% 70% 90% 100% 70%
Hotel 80% 80% 100% 80% 100%
Restaurant 10% 50% 100% 50% 100%
14
ORD. NO. 33-06
Entertainment/Recreati
onal
(theatres, bowling alleys,
etc)
Other
10%
40%
100%
80%
100%
100%
100%
100%
100%
100%
For mixed-use developments utilizing the shared parking calculations table, which
contain both residential and non-residential uses, a minimum of one (1) parking
space shall be reserved for each residential unit. These reserved spaces, or any
spaces reserved for other uses, must be included in the "other" category and
applied as 100% utilization. Furthermore, subsequent to the issuance of a
Certificate of Occupancy (CO), the reservation of additional parking spaces will
require a site plan modification and be subject to the provision of the minimum
parking requirements.
Section 5. 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 6. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 7. That this ordinance shall become effective immediately upon its passage on
second and final reading.
~ P ASSI;Q AND 4DOPTED in regular session on second and final reading on this the
~ day of ~..:. ~ .200Ja....
ATTEST
~l~
MAYOR
~~.~
City Clerk
FirstReading \~\\~
Second Reading \ ~\5 \ ()~
15
ORD. NO. 33-06
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITYMANAGER~
AGENDA ITEM # 1(9. e,. REGULAR MEETING OF DECEMBER 5. 2006
ORDINANCE NO. 33-06 (SECOND READING/SECOND PUBLIC
HEARING)
TO:
SUBJECT:
DATE:
DECEMBER 1, 2006
This ordinance is before Commission for second reading and second public hearing for city initiated
amendments to the Land Development Regulations (LDR) establishing a new mixed-use zoning
district Section 4.4.29 "MROC (Mixed Residential, Office and Commercial) District>>, establishing
minimum development standards through modification of Section 4.3.4(1<) "Development Standards
Matrix>>; and modification of Section 4.6.9(C)(8)(a) "Shared Parking>>, which will allow the shared
parking option for the new zoning district.
At the first reading on November 21, 2006, the Commission passed Ordinance No. 33-06.
Recommend approval of Ordinance No. 33-06 on second and final reading.
S:\City Oerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 33-06 Amend LOR See 4.4.29 MROC 2nd Reading 120S.06.doc
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cQ1i1
FROM:
D~~
PAUL DORLlNG, AICP 0 RECTOR OF PLANNING & ZONING
TO:
SUBJECT:
MEETING OF NOVEMBER 20, 2006 ** REGULAR AGENDA **
CONSIDERATION OF CITY-INITIATED AMENDMENTS TO THE LAND
DEVELOPMENT REGULATIONS SECTION LOR SECTION 4.4.29, LOR
SECTION 4.3.4(K) AND LOR SECTION 4.6.9(C)(8)(a) RELATED TO THE
ESTABLISHMENT OF A NEW ZONING DISTRICT TO BE KNOWN AS MROC
(MIXED RESIDENTIAL, OFFICE AND COMMERCIAL).
The item before the City Commission is approval of three City-initiated amendments to the Land
Development Regulations establishing a new mixed-use zoning district (LOR Section 4.4.29),
establishing minimum development standards through modification of the Development
Standards Matrix (LOR Section 4.3.4(K)) and modification of LOR Section 4.6.9(C) (8) (a) which
will allow the shared parking option for the new zoning district.
This ordinance was first before the City Commission on June 6, 2006 at which time the City
Commission reviewed and continued the ordinance with direction that staff meets with stake
holders in the corridor. Staff met with the stake holders on June 16, 2006 and several options
were discussed including pursuing a form-based code for the Congress Avenue Corridor. A
proposal from the Treasure Coast Regional Planning Council to create a form-based code was
forwarded to City Commission on August 8, 2006. It was the consensus of the City Commission
not to proceed with the Form-Based Code option but to modify the proposed MROC ordinance
incorporating comments made at the stake holder meeting and other written comments received
by staff. The ordinance was again modified and the stake holders met again on September 19,
2006. Several additional comments were generated and the ordinance has been modified to
accommodate these additional comments.
The amendments create a new zoning district called MROC (Mixed Residential Office and
Commercial) district which encourages mixed-use, identifies permitted, conditional, accessory
and supplementary uses allowed, establishes maximum thresholds for each type of use,
establishes review and approval processes and provides specific development standards. The
amendment includes modification of LOR Section 4.3.4(K) to add the MROC district to the
Development Standards Matrix and LOR Section 4.6.9 (C)(8)(a) to allow the newly created
district to utilize the shared parking option.
· The primary function of the district is to attract Class A office development while allowing
residential development including workforce housing. General retail uses including direct
support services and other retail uses would be limited to 20% of the overall building square
footage. Multifamily development up to a maximum density of 40 units per acre, and 50
units per acre within 2,500 feet of the Tri-Rail station are proposed. These would be limited
IO.A
1 City Commission Meeting of November 21, 2006
Amendment to (LOR Section 4.4.29), (LOR Section 4.3.4(K) and [LOR Section 4.6.9(C) (8) (a)].
to a maximum of 100%, 85% or 75% of total building square footage depending on distance
from the Tri-Rail station. A minimum of 20% of these residential units are to be workforce
housing units, are to be moderately priced units, and are subject to LDR Section 4.7.
Buildings are permitted to be a maximum height of 85'. All floors above 42' are to have
facades offset and varied. Office and commercial floor heights are to be a minimum of 12'
floor to floor on the ground floor 10' above, 9' floor to floor for residential units, and 8'6" for
hotel, motels and residence inn all suite lodging.
This district is to be applied to property which has a mixed-use Future Land Use Map
designation and is bounded by West Atlantic Avenue on the north, the C-15 canal to the south,
1-95 transportation corridor on the east and generally Congress Avenue on the west together
with the Congress Park, Congress Park South and the Office Depot complexes, located just
west of Congress Avenue. Concurrent with the adoption of the zoning district, a Mixed-Use
Future Land Use Map category has be created and submitted as part of Comprehensive Plan
2006-1 to the Department of Community Affairs (DCA) for review. The Comprehensive
Amendment 2006-1 is scheduled to return form DCA for consideration by City Commission in
January, 2007. After the land use amendments are adopted rezoning of all properties to the new
MROC zoning district will be considered by City Commission.
The revised ordinance was considered by the Planning and Zoning Board on October 16, 2006
at which time both written and verbal concerns and comments were made. The Board then
discussed the ordinance and recommended continuance. The ordinance has been further
modified to address the written comments received from Ms. Collene Walter representing the
County interests and Charles Siemon, Esquire representing private development interests in the
corridor. The revised ordinance was reconsidered by the Board at a special meeting of
November 6, 2006. The Board discussed the issue of non conforming uses and recommended
approval on a 7 to 0 vote by adopting the findings of fact and law contained in the staff report
and finding that the requests are consistent with the Comprehensive Plan and meets criteria set
forth in Section 2.4.5(M) of the Land Development Regulations.
Approve the amendments to Land Development Regulations establishing a new mixed-use
zoning district (LDR Section 4.4.29), establishing minimum development standards through
modification of the Development Standards Matrix (LDR Section 4.3.4(K)) and LDR Section
4.6.9(C)(8)(a) which will allow the shared parking option for the new zoning district 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
· Planning & Zoning Staff Report of November 6, 2006
2
MEETING DATE:
NOVEMBER 6, 2006
III. A.
AGENDA NO.:
AGENDA ITEM:
CONSIDERATION OF CITY-INITIATED AMENDMENTS TO THE lAND
DEVELOPMENT REGULATIONS TO ADD SECTION 4.4.29 "MIXED
RESIDENTIAL, OFFICE AND COMMERCIAL DISTRICT", AND
MODIFY SECTION 4.3.4(K) DEVELOPMENT STANDARDS MATRIX,
AND SECTION 4.6.9(C) (8) (a) SHARED PARKING IN ASSOCIATION
WITH THE ESTABLISHMENT OF A NEW ZONING DISTRICT.
The item before the Board is that of making a recommendation to the City Commission
regarding three City-initiated amendments to the Land Development Regulations establishing a
new mixed-use zoning district (LOR Section 4.4.29), establishing minimum development
standards through modification of the Development Standards Matrix (LOR Section 4.3.4(K))
and modification of lOR Section 4.6.9(C) (8) (a) which will allow the shared parking option for
the new zoning district.
Pursuant to Section 1.1.6., amendments to the text of the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
The Planning and Zoning Board held a public hearing on this request on May 15, 2006. The
Board recommended a minor change that would limit stand alone residential buildings to a
maximum height of sixty feet. This change was incorporated into the ordinance which went
before the City Commission on June 6, 2006. The Commission reviewed and continued the
ordinance with direction that staff meets with stake holders in the corridor. Staff met with the
stake holders on June 16, 2006 and several options were discussed including pursuing a form-
based code for the Congress Avenue Corridor. A proposal from the Treasure Coast Regional
Planning Council to create a form-based code was forwarded to City Commission on August 8,
2006. It was the consensus of the City Commission not to proceed with the Form-Based Code
option but to modify the proposed MROC ordinance incorporating comments made at the stake
holder meeting and other written comments received by staff. The ordinance was modified and
the stake holders met again on September 19, 2006. Several additional comments were
generated and the ordinance has been modified to accommodate these additional comments.
The major changes are summarized below:
. The allowed height has been increased from 75' to 85' and minimum floor heights for mixed-
use have been modified from 15' to 12' for ground floors and 10' above for commercial or
office uses and 9' for residential floors.
. Reference to requiring provision of very low or low income workforce units have been
removed. Moderate income workforce units have been retained at the 20% vs. 25% level.
1 Planning and Zoning Board Memorandum Staff Report, November 6, 2006
Amendment to LOR Section 4.4.29, 4.3.4(K), and 4.6.9(C) (8) (a)
. Under the Purpose and Intent section, additional language has been added to emphasize
the zoning district's objective to create high end jobs and increase the tax base within the
corridor.
. The amount of total floor area of a Master Development Plan which can be residential has
increased from 40% to 100% within 1,000 feet of the Tri-Rail station, 80% between 1,001
feet and 2,500 feet of the Tri-Rail station and 75% elsewhere in the corridor. These
percentages have been obtained from the maximum development potential proposals
created for the County parcels within the corridor.
. Lot coverage maximum has been increased from 50% to 75% (it is noted development
studies for County pieces max out at 53%).
. The limit on floors above 60' to be no more than 50% of the ground floor footage has been
eliminated. The requirement to provide offset for visual relief on all floors above 42' has
been retained.
. Parking requirements for residential uses have been reduced within 1,000 feet of the Tri-Rail
station to account for mass transit utilization.
. A build to line for buildings facing Congress Avenue is encouraged.
. Sliding setbacks are proposed and the increased setbacks with increased height apply to
the portion of the building meeting that threshold rather than the entire building.
. Provides for a lower maximum height (48') for small parcels less than 3 acres thereby
encouraging aggregation.
The revised ordinance was considered by the Planning and Zoning Board on October 16, 2006
at which time both written and verbal concerns and comments were made. The Board then
discussed the ordinance and recommended continuance. The ordinance has been further
modified to address the written comments received from Collene Walter representing the
County interests and Charlie Siemons representing private development interests in the
corridor. The revised ordinance is now ready for the Boards consideration.
The amendments create a new zoning district called MROC (Mixed Residential Office and
Commercial) district which encourages mixed-use, identifies permitted, conditional, accessory
and supplementary uses allowed, establishes maximum thresholds for each type of use,
establishes review and approval processes and provides specific development standards. The
amendment includes modification of LOR Section 4.3.4(K) to add the MROC district to the
Development Standards Matrix and LOR Section 4.6.9 (C)(8)(a) to allow the newly created
district to utilize the shared parking option.
The primary function of the district is to attract Class A office development while allowing
residential development including workforce housing. General retail uses including direct
support services and other retail uses would be limited to 20% of the overall building square
footage. Multifamily development up to a maximum density of 40 units per acre, and 50 units
per acre within 2,500 feet of the Tri-Rail station are proposed. These would be limited to a
maximum of 100%, 85% or 75% of total building square footage depending on distance from the
Tri-Rail station. A minimum of 20% of these residential units are to be workforce housing units,
are to be moderately priced units, and are subject to LOR Section 4.7. Buildings are permitted to
be a maximum height of 85'. All floors above 42' are to have facades offset and varied. Office
and commercial floor heights are to be a minimum of 12' floor to floor on the ground floor 10'
above and 9' floor to floor for residential units.
2
I Planning and Zoning Board Memorandum Staff Report, November 6, 2006
Amendment to LDR Section 4.4.29, 4.3.4(K), and 4.6.9(C) (8) (a)
This district is to be applied to property which has a mixed-use Future Land Use Map
designation and is bounded by West Atlantic Avenue on the north, the C-15 canal to the south,
1-95 transportation corridor on the east and generally Congress Avenue on the west together
with the Congress Park, Congress Park South and the Office Depot complexes, located just
west of Congress Avenue. Concurrent with the adoption of the zoning district, a Mixed-Use
Future Land Use Map category has be created and submitted as part of Comprehensive Plan
2006-1 to the Department of Community Affairs (DCA) for review. The Comprehensive
Amendment 2006-1 is scheduled to return form DCA for consideration by City Commission in
January, 2007. After the land use amendments are adopted rezoning of all properties to the new
MROC zoning district will be considered by City Commission.
LOR Section 2.4.5(MH5} (Findinas): Pursuant to LOR Section 2.4.5(M)(5) (Findings), in
addition to LOR 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.
The Goals, Objectives and Policies of the City's Comprehensive Plan were reviewed and the
following objectives and policy were found.
Future Land Use Element Objective A-5
The City shall maintain its Land Development Regulations, which shall be regularly
reviewed and updated, to provide streamlining of processes and to accommodate
planned unit developments (PUD), mixed-use developments, and other innovative
development practices. This mixed-use zoning district is being created.
Future Land Use Element Objective A-7
To encourage the provision of workforce housing in the City, the following policies shall
be implemented.
Future Land Use Element Policy A-1.9
The City shall create an overlay district for the Congress Avenue Corridor and the Land
Development Regulations shall be modified to facilitate and encourage the development
of Class A corporate offices within the district.
While this is not an overlay district it accomplishes the same goals Le. introducing mixed-use
development potential to the corridor. This method along with the creation of a mixed-use land
use map category is a much cleaner way to achieve this goal.
Housina Element Objective B-2
Redevelopment and the development of new land shall result in the provision of a variety
of housing types which shall continue to accommodate the diverse makeup of the City's
demographic profile, and meet the housing needs identified in this Element. Policies
which will implement this objective include:
3
r Planning and Zoning Board Memorandum Staff Report, November 6, 2006
Amendment to LDR Section 4.4.29, 4.3.4(K), and 4.6.9(C) (8) (a)
The introduction of housing options to this corridor presents a great option to provide a variety of
housing types with a primary emphasis on workforce and transit oriented housing.
Courtesy Notices:
Given the nature of this amendment a general notice to the following groups was given.
· Neighborhood Council
· PROD
· Chamber of Commerce
· Presidents Council
In addition, individual notice was provided to all affected property owners within the corridor on
several occasions with the latest being mailed October 26,2006.
Letters of objection and support, if any, will be provided at the Planning and Zoning Board
meeting.
The City-initiated amendment to LDR Sections 4.4.29, 4.6.9(C)(8)(a), and 4.3.4(K) implements
policies of the Comprehensive Plan and initiatives of the Florida Public Officials Design Institute
report which encourages establishment of Class A office space and mixed-use development in
the Congress Avenue Corridor area. The amendments will include the development of
workforce and transit oriented housing development as part of a mixed-use development.
Recommend approval of the City-initiated amendments to the Land Development Regulations
Section 4.4.29 "Mixed Residential, Office, and Commercial District", Section 4.3.4(K)
Development Standards Matrix, and Section 4.6.9(C) (8) (a) Shared Parking, 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 Ordinance No. 33-06
4
ORDINANCE NO. 33-06
WHEREAS,
in the Planning a
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 SUBSECTIO 4.3.4(K),
"DEVELOPMENT STANDARDS MATRIX"; ENAC SECTION
4.4.29, "MIXED RESIDENTIAL, OFFICE AN MMERCIAL
(MROC) DISTRICT"; AND AMENDI BSECTION
4.6.9(C)(8)(a), "SHARED PARKING", TO A NEW
MIXED-USE ZONING DISTRICT; AVING
CLAUSE, A GENERAL REPEA AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Sectio
reviewed the proposed text amendment at a pu
voted 4 to 0 to recommend that the changes be ap
WHEREAS, pursuant to Flori
Board, sitting as the Local Planni
consistent with and furthers the goal
Plan; and
, the Planning and Zoning
. ed that the change is
s of the Comprehensive
City of Delray Beach adopts the findings
City of Delray Beach finds the ordinance
CI
ORDAINED BY THE CITY COMMISSION OF THE
, AS FOLLOWS:
citations set forth above are incorporated herein.
Sectio
Land Developm
Florida, be and the
section 4.3.4(K), "Development Standards Matrix", of the
lations of the Code of Ordinances of the City of Delray Beach,
me is hereby amended to read as follows:
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ORD. NO. 33-06
Section 3. That Section 4.4.29, "Mixed Residential, Office and Commercial
(MROC) District", of the Land Development Regulations of the Code of Ordinances of
the City of Delray Beach, Florida, be and the same is hereby enacted to read as follows:
Section 4.4.29 MIXED RESIDENTIAL. OFFICE AND COMMERCIAL (MROC) DISTRICT
Pur ose and Intent: The MROC District re
residential office and commercial uses in a master- lanne
throuQh a Master Development Plan.
o
The followin t es of uses are
e. . banks savin s and loan establishments
edical Offices. e.Q.. physicians. dentists. chiropractors. podiatrists.
optometrists. etc.
. Professional Offices. e.Q.. attorneys. enQineerinQ firms. architectural
4
ORD. NO. 33-06
. Governmental offices. e.a.. includina federal. state. county. and local
offices. alona with their related fleet and communications operations
(which will be considered accessory uses to aovernmental offices and
services). civic centers. courthouses. fire stations. public health facility.
law enforcement offices and facilities. post office. public utility facilities.
communication towers and community fa.ciIities such as civic centers.
cultural facilities. libraries, auditoriums.Iil1l~I~ums, and public recreation
facilities and services such as dariiillre centers abuse child care
centers.
.
2 Research and D.evelo ment: rch and Develo ment R&D uses
involve either some dearee of prociillt.reation. testrftllkevaluation. and development or the
provision of testina and evaluation ssBic\e'lrl@l.tijiiu.se by otf!D~$;. R&D uses may constitute 100%
,,~tn%b.;, -"~~';?;Vq:f\';!~":" , --':.H".{-:",tIl
of the total buildin s uare foota e \Wlthin 't"~itdmeMelo m~1Dmlir Exam les of such uses or
resultina products include: '1\9
and Develo ment:
(3) neral Retail Uses: Retail uses not to exceed 20% of the total buildina
square footaae of the development. includina. but not limited to:
· Restaurants. baked aoods. books. cheeses. beer. wine. liquor.
confectioneries. cosmetics. meats. medicines and prescriptions. flowers
5
ORD. NO. 33-06
,I
and plants. fruits and veqetables. food. qifts. qlassware. ice cream.
leather qoods. luqqaqe. medical and surqical equipment. music and
musical instruments. nautical supplies. office furniture equipment and
supplies. pets and pet supplies. photoqraphic equipment and supplies.
sewinq supplies. sportinq qoods. tOYs. wearinq apparel and accessories.
a liances bic des business machines 'ewel .
. Galleries butcher sho
libraries newsstands
qaraqes.
dential units at a distance measured b airline route reater than
00 feet of a transit station ma com rise 75% of the total floor area of
the development master plan at a maximum density of (40) units per
acre and only when proposed as part of a mixed-use development
containinq office and/or commercial uses.
6
ORD. NO. 33-06
when a
(a) Residential developments must include a minimum of 20% workforce
units consistinQ of moderate income workforce units as defined by
Article 4.7 FamilylWorkforce HousinQ
(b) Workforce units shall be subiect to Qeneral provisions of Article 4.7.6.
4.7.7.4.7.8.4.7.9, and 4.7.10. NotwithstandinQ the above, residentially
developed sites within 1,000 linear feet'~~asured by airline route) of
the Tri-Rail station can contain 100%1ilDIl!)rkforce housinQ units. If a
ortion of the arcel is within 1 000 li.sdllll::feet this re ulation shall a I
to the entire parcel.
c
rovisions of LDR
d
conference facilities when associated with uses in the Master
ices and re air of items incidental to the rinci al use.
ment
(".."<y...,,.. ana ement field 0 erations services and communication facilities
associated with Qo.!Iflt'rnental offices and services.
(D) Supplemental Uses: The followina uses are allowed within the Office and
Research and Development use areas of the MDP provided that they are of such a scale,
desiQn, and location to cater to the needs of employees of the office center or research and
7
ORD. NO. 33-06
,I
development park. Space allocations for these uses shall be identified durinq the Master
Development Plan approval.
. Lunch counters, cafeterias. restaurants, snack bars, and vendinq machine
areas
. Classroom and traininq facilities
. Child Care facilities
. Sundry shops
. Exercise facilities
E
conditional uses within the MROC District.
maximum percentaqe for each use.
(1 Health s
open to the qeneral public
2
3
t for overnmental offices and
d as a conditional use and are sub'ect to the
2 tablished structures uses shall be allowed therein u
and approval by. thW'Chief Buildinq Official for a certificate of occupancy.
lication to
(3) Any new development approval must be qranted by the Site Plan Review
and Appearance Board with respect to Sections 2.4.5(F). (H), and (I) and be consistent with the
approved Master Development Plan (MOP). A site plan modification shall follow procedures
8
ORD. NO. 33-06
outlined in Section 2.4.5(G).
2.4.5(E).
(4) Conditional uses must be approved pursuant to the provisions of Section
(G) Development Standards:
the
of the
tail uses shall not encom ass more than twent ercent 20% of
the total buildino area square footaoe of the MROC development.
@ Hotels. motels. and residential all suite lodqinq shall not encompass
more than 20% of the total buildinq area square footaqe of the MROC
development. Notwithstandinq the above. hotels, motels and residential
9
ORD. NO. 33-06
.'
all suite 10dQinQ can comprise 100% of the floor area of an individual
buildinQ within a MOP containinQ multiple buildinQs.
.em Multi-familv uses as identified under LOR Section 4.4.29(8)(4).
(2) Standards UniQue to the MROC District: W.hlere standards unique to the
MROC District conflict with standards contained elsewhere io.k ~ie zonina. subdivision, and
landsca e codes the standards of this Subsection 2 shall a
a Minimum Site Area: Minim
(b)
Land area. equal to at least 25% of the total MROC district
includinq the perimeter landscaped boundary. shall be in open
space. Landscape areas required to meet internal parkina lot
desian requirements. water bodies and paved areas shall not be
included in the meetinq of this 25% open space requirement.
(d) Perimeter Development: A landscape buffer shall be provided
around each MROC development. Parkina. structures, perimeter roadways. and other pavinQ is
10
ORD. NO. 33-06
.'
not permitted within this buffer except for bicycle paths. sidewalks. iOOQino trails. and driveways
or access streets which provide inQress and eoress for traffic and which are oenerally
perpendicular to the buffer. The width of the buffer shall be the smaller distance of either the
dimensions below or 10% of the averaoe depth of the property: however, in no case shall the
landscape area be a width of less than ten (10) feet:
30 feet
40 feet
25 feet
25 feet
free-stand in non-residential
s uare feet' shall be architecturall
Ian' and shall have direct access
ill Conoress Avenue Frontaoe: To the oreatest extent possible
buildinos shall be placed at the minimum setback to a
maximum heioht of 42'. Thereafter. additional setbacks for the
portion of the buildino exceedinQ 42' shall be a minimum of an
additional 10'.
11
ORD. NO. 33-06
f2l
Front Yard: Shall be the minimum identified in LDR Section
4.4.29 (G) (2) (d) (Perimeter Development Buffers) to a
maximum heiqht of 42'. Thereafter. additional setbacks for
the portion of the buildinq exceedinq 42' shall be a minimum
of an additional 10'.
@)
Side Yard: Shall be the min' identified in LDR Section
4.4.29 (G)(2)(d) (Perime!e,f,Jtlf>Ewelopment Buffers) to a
maximum heiqht of 42':j~~~~~rter. additional setbacks for
the ortion of the buildilf;>'texceiliQ 42' shall be a minimum
of an additional 1 0'.
ffi
@
setbacks or lanes
rovide visual relief.
ulations as set
for restaurants is established at twelve 12
Th in re uirements for residential units in multi-famil structures or
mixed-use buildIPl...I'U be as follows:
/:@,,>_,.,~_v
· Efficiency dwellinq unit
. One bedroom dwellinq unit
· Two or more bedroom dwellinq unit
1.0 space/unit
1.25 spaces/unit
2.00 spaces/unit
12
ORD. NO. 33-06
,. l~. .
. Two or more bedroom dwellinq units within
1000' of a Tri-Rail station
. Guest parkinq shall be provided cumulatively as
follows:
- for the first 20 units
- for units 21-50
- for units 51 and above
1.5 spaces/unit
0.50 spaces/unit
0.30 spaces/unit
0.20 spaces/unit
of floor area.
area.
uare feet
of floor area.
e as outlined in LDR Section
4.6.9.(C)
formula under LDR
(1) ocumentation which constitutes evidence of unified control of the entire
area within an MROC development must be provided at the time of submission of the Master
Development Plan.
(2) A proqram for full provision. maintenance. and operation of common areas.
13
ORD. NO. 33-06
. .,
improvements. facilities. and services for the common use of occupants of the MROC
development, and which specifically provides that no such elements or features shall be
provided or maintained at the public's expense. must be provided at the time of submission of
the Master Development Plan.
(3) Executed aQreements. contracts. covenants,..~=~d restrictions. sureties. or
other leQal arranQements for the maintenance. repair. andi!'H'R1f8eration of matters under
Subsection I 2 and which bind successors in title to an suctillll:>mmitments shall be rovided
rior to certification of a MROC site and develo ment Ian.
Section 4. That
Development Regular
Florida, be and the
d Parking", of the Land
dinances of the City of Delray Beach,
read as follows:
g or combination of buildings on a unified site
r Sl commercial purposes, and is located with the
C or PC zoning district, the minimum total number of required
hall be determined by the following method:
req parking spaces for each individual use by the appropriate
listed In the table below for each of the designated time periods.
Iting minimum required spaces in each of the five vertical columns
. The minimum total parking requirement is the highest sum of the
umns.
14
ORD. NO. 33-06
.. ,II "..
Shared Parking Calculations Table
Use for multiple use projects which include residential in CBD, GC, MROC and PC zoning districts
S
thereo
juris
as a
Weekday
Weekend
Use
Night
Day Evening
Residential
Office
Commercial/Retail
Hotel
Restaurant
Entertainment/Recreational
theatres, bowlin aile s, ete
Other
6 P,M, to
Midnight
90%
5%
70%
100%
100%
100%
100%
100% 100%
ared parking calculations table,
ial uses, a minimum of one (1)
esidential unit. These reserved
or ot es, must be included in the "other"
Yo utilization. Furthermore, subsequent to the
ccupancy (CO), the reservation of additional
ite plan modification and be subject to the
requirements.
any section or provision of this ordinance or any portion
ce, or word be declared by a court of competent
ion shall not affect the validity of the remainder hereof
the part declared to be invalid.
dinances or parts of ordinances in conflict herewith be, and
d.
Section 7.
passage on secon
this ordinance shall become effective immediately upon its
nd final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the day of , 200_.
15
ORD. NO. 33-06
. "
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
11/08/06
16
ORD. NO. 33-06
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CITY OF DELRAY BEACH
NOTICE OF PROPOSED
AMENDMENT TO THE LAND
DEVELOPMENT
REGULATIONS
ESTABLISHING A MIXED
RESIDENTIAL, OFFICE AND
COMMERCIAL ZONING
DISTRICT
The City Commission of the City of Delray Beach, Florida,
proposes to adopt the following ordinance:
ORDINANCE NO. 33-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOP-
MENT REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SUBSECTION 4.3.4(K), "DEVELOPMENT STAN-
DARDS MATRIX"; ENACTING SECTION 4.4.29, "MIXED RESI-
DENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT";
AND AMENDING SUBSECTION 4,6.9(C)(B)(a), "SHARED
PARKING", TO ESTABLISH A NEW MIXED-USE ZONING
DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the purpose
of accepting public testimony regarding the proposed ordinance. The first
Public Hearing will be held on TUESDAY. NOVEMBER 21. 2006. AT 7:00
f.M. in the Commission Chambers at City Hall, 100 N.w, 1st Avenue,
Delray Beach, Florida. If the proposed ordinance is passed on first
reading, a second Public Hearing will be held on TUESDAY. DECEMBER
5. 2006. AT 7:00 P.M. (or at any continuation of such meeting which is set
by the Commission) in the Commission Chambers at City Hall, 100 N.W,
1st Avenue, Delray Beach, Florida.
All interested citizens are invited to attend the public hearings and
comment upon the proposed ordinance or submit their comments in writing
on or before the date of these hearings to the Planning and Zoning Depart-
ment. For further information or to obtain a copy of the proposed
ordinance, please contact the Planning and Zoning Department, City Hall,
100 N.W. 1st Avenue, Delray Beach, Florida 33444 (emaH at
pzmail@mydelraybeach.com) or by calling 561/243-7040}, between the
hours of 8:00 a,m. and 5:00 p.m., Monday through Friday, excluding
holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO
APPEAL ANY DECISION MADE BY THE CITY COMMISSION
WITH RESPECT TO ANY MATTER CONSIDERED AT THESE
HEARINGS, 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 TO ES. 286.0105.
PUBLISH: Monday, November 13, 2006
Tuesday, November 28, 2006
Boca RatonlOelray Beach News
Ad # NS1106151
CITY OF DELRAY BEACH
Chevelle D. Nubin, CMC
City Clerk
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www.bocanews.com . Boca Raton/Oelray Beach News - Tuesday-Wednesday, November 28-29. 2006 7 A
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NOTICE OF PUBLIC HEARING
NOTICE OF COMPREHENSIVE PLAN CHANGE 2006-1
CITY OF DELRAY BEACH, FLORIDA
The City Commission of the City of Delray Beach will consider the following ordinance:
ORDINANCE NO. 38-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA. ADOPTING COMPRE-
HENSIVE PLAN AMENDMENT 2006-1, PURSUANTTO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPRE-
HENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT~FLORIDA STATUTES SECTION 163.3161
THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT"A" ENTITLED"COMPRE.
HENSIVE PLAN AMENDMENT 2006.1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
Public Hearing regarding Comprehensive Plan Amendment 2006.1 will be held on TUESDAY. DECEMBER S.
2Q.Q.li. AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission). in the Commis-
sion Chambers at City Hall. 100 N,W. 1 st Avenue, Delray Beach, Florida.
The proposed TEXT AMENDMENTS to the Comprehensive Plan address the following subject
matter:
a. Future Land Use Element - Modification of Mixed Use Categories to add a description for the
new "Congress Avenue Mixed Use" designation, including provisions for maximum densities and
intensities, workforce housing and a transit-oriented development overlay near the tri-rail
station and delete the description for the "Redevelopment Areas" designation;
b. Amendment ofTable L-7, Land Use Designation/Zoning Matrix, to accommodate the new
Congress Avenue Mixed Use designation;
c. Future Land Use Element - Modification of Policy A-7.2 to include the provision of workforce
housing in the MROC (Mixed Residential Office Commercial) zoning district which encompasses
the new Congress Avenue Mixed Use designation. Language has also been added to support a
privately initiated text amendment to allow residential development within workforce housin~
overlay districts in the CMR (Commerce) FLUM designation when a minimum of 2S% of the units
are workforce housing;
d. Future Land Use Element - Modification of Policy A-7.4 to increase the time period for which
workforce housing units, constructed under the Family/Workforce Housing Program, shall
remain affordable from 30 to 40 years;
e. Future Land Use Element - Modification of Policy A.2.4 to reflect elimination of the potential
for automobile dealerships between NE Sth Street and George Bush Boulevard,
f. Future Land Use Element - Modification of the description of the Commerce FLUM designa-
tion to include provisions for residential development within a designated overlay district,
subject to the provision of workforce housing. This text amendment is privately initiated in
concert with the Depot Road property Future Land Use Map Amendment.
g, Cap.itallmp.rovement Element - Modification ofTable C1-ClP (S-Year Cagitallmprovements
SChedule For Projects> $2S,000) to reflect adoption of the FY 2007-2011 Capital Improvement
Program; and
h, Coastal Management Element - Modification of Policy C - 3.5 to allow for the reconstruction of
nonconforming commercial structures within the Coastal Planning Area which are damaged or
destroyed by an Act of God.
Changes to the FUTURE LAND USE MAP (FLUM) involving four (4) areas of land, will also be
transmitted as a part of Amendment # 2006-1.
..----.~c:rn'LIiInS ------
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---------i:.iic;;;ji:----- ---....
---"""'"
LOCATION MAP GENERAL LOCATION ACTION PARCEL SIZE IN
NUMBER ACRES
A. Federal Highway Generally located FROM: GC (General 21.6
Area, between NE 4th between NE 4th Street Commercial)
Street and George and George Bush
Bush Boulevard and Boulevard and TO: CC (Commercial
700 &707 NE 6th extending from the FEC Core)
Avenue (former OC Railroad to
Taylor dealership site) approximately 1/2 block
east of NE 6th Avenue.
B. Congress Avenue Generally located South FROM: TRN 225.5
Mixed Use of West Atlantic Avenue
to the L-38 Canal, (Transitional) in part,
between Congress CMR (Commerce) in
Avenue and the CSX part, CF (Community
Railway and including Facilities) in part and
the Congress Park, GC (General
Congress Park South Commercial) in part
and Office Depot TO: CMU (ConBress
developments located
on the west side of Avenue Mixed se)
Congress Avenue
C. Depot Avenue North of West Atlantic FROM: IND (Industrial) 8.8
Property Avenue, between
Depot Road and CSX TO: CMR (Commerce)
Railroad
D. City Owned Tract West side of Barwick FROM: County MR-5 3.18
Adjacent to Bexley Park Road, north of L-31 (Medium Density
Canal Residential, 5 units
per acre)
TO: MD(Medium
Density Residential 5-
12 du/ac) in part
The City Commission will conduct this Public Hearing for the purpose of the adoption of Comprehensive
Plan Amendment 2006-1.
All interested parties are invited to attend the public hearing and comment upon the Plan Amendment or
submit their comments in writing to the Planning and Zoning Department. Further information concerning
the proposed amendments can be obtained from the Planning and Zoning Department, City Hall, 100 N.W.
1 st Avenue, Delray Beach, FL 33444 (email atpzmail@mydelraybeach.com) or by calling 561/243-7040,
between tne hours of 8:00 a.m. and 5:00 p,m., Monday through Friday, excluding~holidays.
Please be advised that if a person decides to appeal any decision made by the City Commission with respect
to any matter considered at this hearing, such person will need a record of the proceedings, and for this
purpose such person may need to ensure that a verbatim record of the proceedmgs is made, which record
includes the testimony and evidence upon which the appeal is based. The City does not provide or prepare
such record pursuant to F.S. 286.0 105.
CITY OF DELRAY BEACH
Chevelle D. Nubin, CMC
City Clerk
PUBLISH: Tuesday, November 28,2006
~C'. !-ClM.e{qo.-
. .
www.bocanews.com · Boca Raton/Delray Beach News - Tuesday-Wednesday, November 28-29, 2006 7A
NOTICE OF PUBLIC HEARING
NOTICE OF COMPREHENSIVE PLAN CHANGE 2006-1
CITY OF DELRAY BEACH, FLORIDA
The City Commission of the City of Delray Beach will consider the following ordinance:
ORDINANCE NO. 38-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPRE-
HENSIVE PLAN AMENDMENT 2006-1/ PURSUANTTO THE PROVISIONS OFTHE "LOCAL GOVERNMENT COMPRE-
HENSIVE PLANNING AND LAND DEVELOPMENT REGULATION Acr;FLORIDA STATUTES SECTION 163.3161
THROUGH 163.3243/ INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT"A" ENTITLED "COM PRE-
HENSIVE PLAN AMENDMENT 2006-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
A Public Hearing regarding Comprehensive Plan Amendment 2006-' will be held on TUESDAY. DECEMBER S.
~Q.Q.(!.LAT 7;.Q.Q..B.M, (or at any continuation of such meeting which is set by the Commission), in the Commis-
sion Chambers at City Hall, 100 N.W. 1 st Avenue, Delray Beach, Florida.
The proposed TEXT AMENDMENTS to the Comprehensive Plan address the following subject
matter:
a. Future Land Use Element - Modification of Mixed Use Categories to add a description for the
new "Congress Avenue Mixed Use" designation, including provisions for maximum densities and
intensities, workforce housing and a transit-oriented development overlay near the tri-rail
station and delete the description for the "Redevelopment Areas" designation;
b. Amendment ofTable L-7, Land Use Designation/Zoning Matrix, to accommodate the new
Congress Avenue Mixed Use designation;
c. Future Land Use Element - Modification of Policy A-7.2 to include the provision of workforce
housing in the MROC (Mixed Residential Office Commercial) zoning district which encompasses
the new Congress Avenue Mixed Use designation. Language has arso been added to support a
privately initiated text amendment to allow residentiar development within workforce Iiousin~
overlay districts in the CMR (Commerce) FLUM designation when a minimum of 25% of the UnitS
are workforce housing;
d. Future Land Use Element - Modification of Policy A-7,4 to increase the time period for which
workforce housing units, constructed under the Family/Workforce Housing Program, shall
remain affordable from 30 to 40 years;
e. Future Land Use Element - Modification of Policy A-2,4 to reflect elimination of the potential
for automobile dealerships between NE 5th Street and George Bush Boulevard.
f. Future Land Use Element - Modification of the description of the Commerce FLUM designa-
tion to include provisions for residential development within a designated overlay district,
subject to the provision of workforce housing. This text amendment is privately initiated in
concert with the Depot Road property Future Land Use Map Amendment.
~
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