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Ord 10-07 -'* " ;' ..... ORDINANCE NO. 10-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 4.4.19, "MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT"; ENACTING SECTION 4.5.15, "1- 95/CSX RAILROAD CORRIDOR OVERLAY DISTRICT"; AMENDING SECTIONS 4.7, "FINDINGS", SECTION 4.7.1, "DEFINITIONS", SECTION 4.7.2, "APPLICABILITY", SECTION 4.7.5, "DENSITY BONUS PROGRAM FOR THE SOUTHWEST 10TH STREET OVERLAY DISTRICT", TO PROVIDE FOR THE CREATION OF A NEW WORKFORCE HOUSING OVERLAY 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 February 26, 2007, and voted 4 to 0 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 Section 4.4.19, "Mixed Industrial and Commercial (MIC) District," of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (A) Purpose and Intent: The Mixed Industrial and Commercial (MIC) District is created in order to provide for a mix of industrial, commercial, and office use in a single zone district. The uses allowed are intended to enhance employment opportunities in the industrial, manufacturing and trade sectors, with --1 II ('"' / '\ (5) Interior Design and Furnishings: The wholesale, retail, storage and distribution of home furnishings, floor coverings, wall coverings, lighting, and other items related to the finishing and furnishing of interior space. (6) Other Processes and Activities: The following activities may also be conducted: (a) Dry cleaning and laundering; (b) Emissions testing. (7) Adult Entertainment Establishments (subject to Section 4.3.3(AA)). (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots (2) Refuse and service areas (3) Provisions or services and repair of items incidental to principal uses. (4) Storage of inventory, equipment, or materials, within a structure or in an approved outside locations. (5) The conducting of auctions incidental to a principal use, and subject to the provision of parking at the rate required for general commercial uses. (D) Conditional Uses and Structures Allowed: (1) The following uses are allowed as conditional uses within the MIC Zone District: (a) Kennels, no on-site disposal of carcasses; (b) Material and component recovery for reuse, such as the disassembly and resale of computer components, appliances, and electrical components. This does not include resource recovery facilities as described and regulated by Section 4.3.3 (Z); (c) Automobile paint, body, and repair shops; (d) Boat repair and service; (e) Self-Service Storage Facilities (SSSF), pursuant to the provisions set forth in 4.3.3 (A). (f) Multiple family residential development up to a maximum of twenty-four (24) units per acre within the I-95/CSX Railroad Corridor Overlay District. as defined in Section 4.5.15. subject to the provisions of Article 4.7. (2) The following additional uses are also allowed as conditional uses in the MIC zoning district. However, any outside storage associated with such uses may not be located within one hundred and fifty feet (150') of any property line adjacent to an arterial roadway (excluding Interstate 95); (a) Lumberyards; 3 ORD. NO. 10-07 .r " / '\ (b) Garages and lots for the parking and storage of vehicles, including the storage of light trucks, up to and including two-ton trucks; (c) Storage and rental of light construction equipment not over twenty-four feet (24') long, eight feet (8') wide, and ten feet (10') high; (d) Monument and ornamental stone cutting; (e) Rental and sales of modular buildings; (f) Towing services, with outside storage. (g) Storage and rental of construction equipment not over one hundred feet (100') long, fourteen feet (14') wide, and fifteen feet (15') high provided that each of the following requirements are met: i. Any outside storage associated with such use may not be located within two hundred fifty feet (250') of any property line adjacent to an arterial roadway (excluding Interstate 95) and; 11. The property is buffered by a minimum six foot (6') wall or minimum six foot (6') hedge. However, if the property is adjacent to a public building, school, park, library, or residential area at the time of conditional use approval, a minimum six foot (6') high berm and either a 6' wall or 6' hedge on top of the berm shall be required. iii. Provision of a 10' minimum landscape buffer with trees planted 25' on center around the perimeter of the storage area. (E) Review and Approval Process: (1) In established structures, uses shall be allowed therein upon application to, and approval by, the Chief Building Official for a certificate of occupancy. (2) For any new development approval must be granted by the Site Plan Review and Appearance Board pursuant to Sections 2.4.5 (F), 2.4.5(H), and (I). (F) Development Standards: The development standards as set forth in Section 4.3.4 shall apply, except as modified below: (1) I-95/CSX Railroad Corridor Overlay District: The following development standards shall apply to parcels within the Overlay district as defined by Section 4.5.15. "I-95/CSX Railroad Corridor Overlay District." (a) Nonresidential development within the area shall comply with the development standards as set forth in Section 4.3.4. 4 ORD. NO. 10-07 ,/"' / "\ (b) Residential development. which is being developed pursuant to regplations set forth in Article 4.7. "Family/Workforce Housing." shall comply with the development standards of Section 4.4.6(F)(3). (G) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply. except as modified below: (1) I-95/CSX Railroad Corridor Overlay District: In addition to the supplemental district regulations set forth in Article 4.6. the supplemental district regulations of Section 4.4.6(G)(1) shall apply to parcels within the overlay district as defined by Section 4.5.15. "I-95/CSX Railroad Corridor Overlay District." (H) Special Regulations: (1) Loading and unloading shall be restricted to side and rear yards and shall be prohibited within the front yard setback. (2) Within the front yard setback, the first ten feet (10') abutting the right-of-way shall be a landscaped area within which no paving shall be allowed except for driveways and walkways leading to structures on the premises. Such driveways and walkways shall be generally perpendicular to the property line. (3) Overhead doors shall be prohibited from facing a public right-of-way. (4) Except for outside storage approved pursuant to Section 4.6.6(C)(2), all principal and conditional uses shall be conducted within an enclosed building. (5) I-95/CSX Railroad Corridor Overlay District: Within the Overlay District. as defined in Section 4.5.15. in addition to compliance with the regulations set forth in Article 4.7. "Family/Workforce Housing." the performance standards of Section 4.4.6(1). shall also be substantially met to obtain a density greater than 6 units per acre. Section 3. That Section 4.5.15, "I-95/CSX Railroad Corridor Overlay District," of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby enacted to read as follows: Section 4.5.15 I-95/CSX Railroad Corridor Overlay District (A) Defined: The I-95/CSX Railroad Corridor Overlay District is located east of the CSX Railroad. west of 1-95. south of the E-4 Canal. and north of the Historic Depot property. as shown on the map in Section 4.7.1(t) of the Land Development Regulations. The applicable regplations set forth in Section 4.7. 5 ORD. NO. 10-07 ('" " / '\ "Family/Workforce Housing". shall apply to the I 95/CSX Railroad Corridor Overlay District in addition to other applicable Land Development Regplations. Section 4. That Section 4.7, "Findings", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by enacting Subsection 4.70) to read as follows: J. The City Commission desires to establish an additional workforce housing overlay district known as the I-95/CSX Railroad Corridor Overlay District for certain properties located east of the CSX Railroad. west of 1-95. south of the E-4 Canal. and north of the Historic Depot property as depicted on the map attached and made a part of Article 4.7. Section 5. That Section 4.7.1, "Definitions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by enacting subsection 4.7.1(t) to read as follows: t. I-95/CSX Railroad Corridor Overlay District - The area located east of the CSX Railroad. west of 1-95. south of the E-4 Canal. and north of the Historic Depot property. as shown in the map below. 6 ORD. NO. 10-07 f' / "\ NOCAND . ---~.... w....,..,......~- ::> z loJ > <( - ---_....,......~ SA TELL/TE-FAClLlTY .. 1S ~ARTY ~-.~RAY ~ ._.L.~~NG loJ 0: U Z o U ~._. --0. ~... =~~:: :.. ROYAL COM/.!. PARK OF DELRAY Section 6. That Section 4.7.2, "Applicability", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by enacting subsection 4.7.2(i) to read as follows: 1. In the I-95/CSX Railroad Corridor Overlay District. at least twenty-five (25) percent of all residential units must be workforce housing units that are affordable to very low. or low. or moderate income families. Section 7. That Section 4.7.5, "Density Bonus Program for the Southwest 10th Street Overlay District," of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: 7 ORD. NO. 10-07 r ' '"\ I Section 4.7.5 Density Bonus Program for the Southwest 10th Street and I-95/CSX Railroad Corridor Overlay District~ a. Developers of property in the Southwest 10th Street Overlay District shall develop the properties to afford a minimum of twenty percent of the residential units as workforce housing units. So!. The twenty percent that are developed as workforce housing units must contain units that are affordable to very low, low or moderate income families. ei!. In the Southwest 10th Street Overlay District, the maximum density allowed is the maximum zoning density allowed in the zoning district. To obtain the maximum density allowed in the zoning district, not only must a minimum of twenty percent of the residential units be developed as workforce housing, but all the performance standards that allow increased density shall also be substantially met. e111. Workforce housing units may be located off-site provided the location chosen is within the City of Delray Beach. div. All sections of Article 4.7 apply to the Southwest 10th Street Overlay District, except for Sections 4.7.4, 4.7.11 and 4.7.12. b. Developers of property in the I-95/CSX Railroad Corridor Overlay District shall develop the properties to afford a minimum of twenty-five percent of the residential units as workforce housing units. 1. The twenty-five percent that are developed as workforce housing units must contain units that are affordable to very low. low or moderate income families. 11. In the I-95/CSX Railroad Corridor Overlay District. the maximum density allowed is twenty-four (24) units per acres as a Conditional Use. To obtain a density greater than 6 units per acre. not only must a minimum of twenty-five percent of the residential units be developed as workforce housing. but the performance standards of Section 4.4.6(1). shall also be substantially met. 111. All sections of Article 4.7 apply to the I-95/CSX Railroad Corridor Overlay District. except for Sections 4.7.4. 4.7.11 and 4.7.12. Section 8. 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 8 ORD. NO. 10-07 ,/" , / "\. part declared to be invalid. Section 9. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 10. That this ordinance shall become effective immediately upon its passage on second and final reading. ~~D AND ADOPTED in regular sessioo 00 secood and final reading 00 this ~~y of ~~ ,2007. ~f~ ATTEST: ~hL ~'-.. \). \)~ I ~ City Clerk First Reading 3 \~ \ IS! Second Reading ~ \'d.O\ C'rl 9 ORD. NO.1 0-07 MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS .... ftJ Ii\ CITY MANAGEty,. q v AGENDA ITEM # 0 . F - REGULAR MEETING OF MARCH 20, 2007 ORDINANCE NO. 10-07 TO: SUBJECT: DATE: MARCH 16, 2007 This ordinance is before Commission for second reading for a privately initiated amendment to the Land Development Regulations (LDR), Section 4.4.19, "Mixed Industrial and Commercial District", Section 4.5.15, "The I-95jCSX Railroad Corridor Overlay District"; and Article 4.7, "Family Workforce Housing", to provide regulations associated with the creation of a new Workforce Housing Overlay District. At the first reading on March 5, 2007, the Commission passed Ordinance No. 10-07. Recommend approval of Ordinance No. 10-07 on second and final reading. S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 10-07 Amend LOR Workforce Housing 03.20.07.doc $ TO: THRU FROM: ., ICP, PRINCIPAL PLANNER SUBJECT: MEETING OF MARCH 5, 2007 CONSIDERATION OF PRIVATELY INITIATED AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS (LDRS) SECTION 4.4.19, "MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT;" SECTION 4.5.15, "THE 1-95/CSX RAILROAD CORRIDOR OVERLAY DISTRICT;" AND ARTICLE 4.7, "FAMILY WORKFORCE HOUSING," TO PROVIDE REGULATIONS ASSOCIATED WITH THE CREATION OF A NEW WORKFORCE HOUSING OVERLAY DISTRICT. The item before the City Commission is approval of privately initiated amendments to the Land Development Regulations to provide regulations associated with the creation of a new Workforce Housing Overlay District. The Family/Workforce Housing Program includes provisions for developers to receive density bonuses when workforce housing units are provided in development projects within the Southwest Neighborhood Overlay District, Carver Estates Overlay District and Infill Workforce Housing Area. The privately-initiated text amendments seek to add an additional Workforce Housing Overlay District within the MIC zoning district on Depot Road, between 1-95 and the CSX Railroad. Residential development will be permitted through the conditional use process within the overlay area, to a maximum of 24 units per acre, with a requirement that 25% of the units be workforce housing, subject to the requirements of Article 4.7, "Family/Workforce Housing." Substantial compliance with the performance standards of 4.4.6(1) will also be required to exceed 6 units per acre within the overlay district. The development standards for residential development within the overlay district will be the same as within the Southwest Neighborhood and Carver Estates Overlay Districts and in the Infill Workforce Housing Area. These development standards were developed to accommodate the higher densities permitted within workforce housing overlay districts. The proposed changes are supported by Comprehensive Plan Amendment 07-1, which was adopted by the City Commission on February 6,2007. As participation in the Workforce Housing Program continues, it is necessary to modify the regulations from time to time to increase efficiency and to ensure that the intended results are achieved. The proposed LDR text amendments will enhance the City's Workforce Housing Program by adding an additional Overlay District. With a minimum of 25% workforce housing units required within the 1-95/CSX Railroad Corridor Overlay District, there is a potential for an additional 78 workforce units to be constructed within the City. By expanding the program, the proposed text amendments are consistent with and will further the Goals, Objectives, and Policies of the Comprehensive Plan which requires the City to ensure that there continues to be an adequate supply of housing to accommodate very low, low, and moderate income households. 12.8 City Commission Meeting of March 5, 2007 Amendment to LDRs Pertaining to Workforce Housing Program - 1-95/CSX Overlay District Page 2 The text amendment was considered by the Planning and Zoning Board on February 26, 2007. No one from the public spoke on the issue. The Board discussed the amendment and recommended approval on a 4 to 0 vote (Krall stepped down, Halberg and Zacks absent), by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. By motion, approve on first reading Ordinance No. 10-07, amending LDR Section 4.4.19, "Mixed Industrial and Commercial (MIC) District;" Section 4.5.15, "The 1-95/CSX Railroad Corridor Overlay District;" and Article 4.7, "Family Workforce Housing," to provide regulations associated with the creation of a new Workforce Housing Overlay 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, with second reading to occur on March 20, 2007. Attachments: . Location Map . Ordinance No. 10-07 . Planning & Zoning Staff Report of February 26, 2007 I I \" ~ / ~ / / CANAL I ;E~s / I I I ~~ ,,"-2~c I WAY-;7 t-- ~ ~ t,CONGRESS C A VENUE I AUTO CENTER i MOS WHOLESALE I BEAUTY SUPPLIES I I I I PALM TRAN SA TELLlTE -FACILITY ~ N.W. 1ST ST. '0...../ IDELRA Y AWNING w SETA DELRA Y CEN TER NOLAND 17 I L-.32 I 19 '" :! << '" >< vi <.i - I- .... <Xl .- :;: ::i II J ~- lL~ A~~U~ IV ~~..::,~ \.. ~ RINKER ~ MA~IALS / /'/~ // ~(j ~~'\ ~ \,~ /' ~ '\ N - CITY Of DELRAY BEACH, fl PLANNINC '" ZONINC DEPARTloAENT - - DIGITAL BASE MAP SYSTEM -- KEYSTONE CREATIONS w :::> z w > <( I .... <Xl ;:: ::i -- - MARTY FLADELL DRIVE (/) - (/)- c~ ~ C> Z o () ROYAL COMM. PARK OF DELRAY ~ N. W. 3RD ST. '-- - - .-- ~ -- .. -- F -- - -- \ 30 ~- zl-- -'5!--~ <( i---- I-- - i---- f--- - 1--- ~ \ ~= \ \ \ N \ \ \~= ~~ I (7 CHURCH OF CHRIST LEE ST. PROSPECT ST. ~-- F I N.W. ~.-- ... - - - - \ - - - .- ~- - - - - - ~ - ~ \ ~ W .t. rEWA Y JfAINi PARK~ / ~ <( F '" w > <( z o .... t:> Z I lfl <( :;: .w. N ~ ~ ~ - r~J ~ ( - J \ ~ ~III 30 vi w > <( II 1-95/CSX RR CORRIDOR OVERLAY DISTRICT FOR WORKFORCE HOUSING mm SUBJECT PROPERTY LOCATION MAP MAP REF: LM950C ORDINANCE NO. 10-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 4.4.19, "MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT"; ENACTING SECTION 4.5.15, "1- 95/CSX RAILROAD CORRIDOR OVERLAY DISTRICT"; AMENDING SECTIONS 4.7, "FINDINGS", SECTION 4.7.1, "DEFINITIONS", SECTION 4.7.2, "APPLICABILITY", SECTION 4.7.5, "DENSITY BONUS PROGRAM FOR THE SOUTHWEST 10TH STREET OVERLAY DISTRICT", TO PROVIDE FOR THE CREATION OF A NEW WORKFORCE HOUSING OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE 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 February 26, 2007, and voted 4 to 0 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 I. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.19, "Mixed Industrial and Commercial (MIC) District," of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (A) Purpose and Intent: The Mixed Industrial and Commercial (MIC) District is created in order to provide for a mix of industrial, commercial, and office use in a single zone district. The uses allowed are intended to enhance employment opportunities in the industrial, manufacturing and trade sectors, with supporting business and professional office functions. Retail uses are appropriate on a limited basis, and only as a secondary use within the district. Residential uses may also be permitted as a conditional use, provided at least 25% of the units are workforce housing units which comply with the provisions of Article 4.7, "Family/Workforce Housing." The maximum density is twenty-four (24) units per acre. The actual density will be based upon the development's ability to achieve the performance standards of Section 4.4.6(1). The MIC District is to be located in areas designated for the primary use - industry and commerce - as shown on the Future Land Use Map. (B) Principal Uses and Structures Permitted: The following types of use are allowed within the MIC District as a permitted use: (I) Industrial Uses. The manufacturing, fabrication and wholesale of items and other uses as described in Section 4.4.20 (B) (I), (2) and (3). (2) Service Industry. Uses which provide an off-site service but maintain inventory, storage and an office at a central location, as described in Section 4.4.20 (B) (5). (3) Business and Professional Offices, including, but not limited to finance, insurance, real estate, accounting and bookkeeping services, advertising services, photographic studios, architectural and engineering services, computer and data processing services, correspondence and vocational schools, credit reporting and collection, detective and protective services, legal services, travel agencies, and general offices for an individual, partnership or corporation. (4) Retail Trade. Retail uses as a secondary use within anyone building that has as its primary occupant an industrial or service industry use, but only to the extent that the floor area for all retail use (either accessory to an industrial use or not) shall not exceed 25% of the floor area of the total building. Although an intent of this Zoning District is to allow retailing of items manufactured, fabricated, or wholesaled on-site, additional retail uses may be allowed. Such additional uses may include, but are not limited to: (a) Apparel and accessory stores; (b) Bakeries; ( c) Building materials and garden supplies, except mobile home dealers; (d) Camera and photographic equipment and supplies; (e) Hobbies, games, and toys; (f) Jewelry, gifts, novelties; (g) Luggage and leather goods; (h) Mail order houses; 2 ORD. NO. 10-07 (i) Radio and television sets; G) Seasonal holiday items (Christmas trees, fruit baskets, other seasonal items); (k) Sporting goods, including bicycles. (5) Interior Design and Furnishings: The wholesale, retail, storage and distribution of home furnishings, floor coverings, wall coverings, lighting, and other items related to the finishing and furnishing of interior space. (6) Other Processes and Activities: The following activities may also be conducted: (a) Dry cleaning and laundering; (b) Emissions testing. (7) Adult Entertainment Establishments (subject to Section 4.3.3(AA)). (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (I) Parking lots (2) Refuse and service areas (3) Provisions or services and repair of items incidental to principal uses. (4) Storage of inventory, equipment, or materials, within a structure or in an approved outside locations. (5) The conducting of auctions incidental to a principal use, and subject to the provision of parking at the rate required for general commercial uses. (D) Conditional Uses and Structures Allowed: (1) The following uses are allowed as conditional uses within the MIC Zone District: (a) Kennels, no on-site disposal of carcasses; (b) Material and component recovery for reuse, such as the disassembly and resale of computer components, appliances, and electrical components. This does not include resource recovery facilities as described and regulated by Section 4.3.3 (Z); ( c) Automobile paint, body, and repair shops; (d) Boat repair and service; (e) Self-Service Storage Facilities (SSSF), pursuant to the provisions set forth in 4.3.3 (A). 3 ORD. NO. 10-07 (f) Multiple family residential development up to a maximum of twenty-four (24) units per acre within the 1-95/CSX Railroad Corridor Overlay District. as defined in Section 4.5.15, subiect to the provisions of Article 4.7. (2) The following additional uses are also allowed as conditional uses in the MIC zoning district. However, any outside storage associated with such uses may not be located within one hundred and fifty feet (150') of any property line adjacent to an arterial roadway (excluding Interstate 95); (a) Lumberyards; (b) Garages and lots for the parking and storage of vehicles, including the storage of light trucks, up to and including two-ton trucks; (c) Storage and rental of light construction equipment not over twenty-four feet (24') long, eight feet (8') wide, and ten feet (10') high; (d) Monument and ornamental stone cutting; ( e) Rental and sales of modular buildings; (f) Towing services, with outside storage. (g) Storage and rental of construction equipment not over one hundred feet (100') long, fourteen feet (14') wide, and fifteen feet (15') high provided that each of the following requirements are met: i. Any outside storage associated with such use may not be located within two hundred fifty feet (250') of any property line adjacent to an arterial roadway (excluding Interstate 95) and; ii. The property is buffered by a minimum six foot (6') wall or minimum six foot (6') hedge. However, if the property is adjacent to a public building, school, park, library, or residential area at the time of conditional use approval, a minimum six foot (6') high berm and either a 6' wall or 6' hedge on top of the berm shall be required. iii.Provision of a 10' minimum landscape buffer with trees planted 25' on center around the perimeter of the storage area. (E) Review and Approval Process: (I) In established structures, uses shall be allowed therein upon application to, and approval by, the Chief Building Official for a certificate of occupancy. (2) For any new development approval must be granted by the Site Plan Review and Appearance Board pursuant to Sections 2.4.5 (F), 2.4.5(H), and (1). 4 ORD. NO. 10-07 (F) Development Standards: The development standards as set forth in Section 4.3.4 shall apply, except as modified below: (1) I-95/CSX Railroad Corridor Overlay District: The following development standards shall apply to parcels within the Overlay district as defined by Section 4.5.15, "I-95/CSX Railroad Corridor Overlay District." (a) Nonresidential development within the area shall comply with the development standards as set forth in Section 4.3.4. (b) Residential development, which is being developed pursuant to regulations set forth in Article 4.7, "Family/Workforce Housing," shall comply with the development standards of Section 4.4.6(F)(3). (G) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply, except as modified below: (1) I-95/CSX Railroad Corridor Overlay District: In addition to the supplemental district regulations set forth in Article 4.6, the supplemental district regulations of Section 4.4.6(G)(I) shall apply to parcels within the overlay district as defined by Section 4.5.15, "I-95/CSX Railroad Corridor Overlay District. " (H) Special Regulations: (I) Loading and unloading shall be restricted to side and rear yards and shall be prohibited within the front yard setback. (2) Within the front yard setback, the first ten feet (10') abutting the right-of-way shall be a landscaped area within which no paving shall be allowed except for driveways and walkways leading to structures on the premises. Such driveways and walkways shall be generally perpendicular to the property line. (3) Overhead doors shall be prohibited from facing a public right-of-way. (4) Except for outside storage approved pursuant to Section 4.6.6(C)(2), all principal and conditional uses shall be conducted within an enclosed building. (5) I-95/CSX Railroad Corridor Overlay District: Within the Overlay District, as defined in Section 4.5.15, in addition to compliance with the regulations set forth in Article 4.7, "Family/Workforce 5 ORD. NO. 10-07 Housing," the performance standards of Section 4.4.6(1), shall also be substantially met to obtain a density greater than 6 units per acre. Section 3. That Section 4.5.15, "I-95/CSX Railroad Corridor Overlay District," ofthe 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 4.5.15 I-95/CSX Railroad Corridor Overlay District (A) Defined: The I-95/CSX Railroad Corridor Overlay District is located east of the CSX Railroad, west 0[1-95, south of the E-4 Canal. and north of the Historic Depot property. as shown on the map in Section 4.7.1 (t) of the Land Development Regulations. The applicable regulations set forth in Section 4.7. "Family/Workforce Housing", shall apply to the I-95/CSX Railroad Corridor Overlay District in addition to other applicable Land Development Regulations. Section 4. That Section 4.7, "Findings", ofthe Land Development Regulations ofthe Code of Ordinances ofthe City of Delray Beach, Florida, be and the same is hereby amended by enacting Subsection 4.7(J) to read as follows: J. The City Commission desires to establish an additional workforce housing overlay district known as the I-95/CSX Railroad Corridor Overlay District for certain properties located east of the CSX Railroad, west 0[1-95, south of the E-4 Canal. and north of the Historic Depot property as depicted on the map attached and made a part of Article 4.7. Section 5. That Section 4.7.1, "Definitions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by enacting subsection 4.7.1(t) to read as follows: 1. I-95/CSX Railroad Corridor Overlay District - The area located east of the CSX Railroad, west 0[1-95, south of the E-4 Canal. and north of the Historic Depot property, as shown in the map below. 6 ORD. NO. 10-07 CANAL ,j / , , f--'~ .~ .... z SA iELLlTE.., FACILITY . ;~ ST. DRIVE ~-.lDfLRAY : A INNING ..___._l ..... ........~......m....._.m W 0: t:> z o u ,; ROYAL CO/.!M. PARK OF DELRAY Section 6. That Section 4.7.2, "Applicability", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by enacting subsection 4.7.2(i) to read as follows: 1. In the I-95/CSX Railroad Corridor Overlay District. at least twenty-five (25) percent of all residential units must be workforce housing units that are affordable to very low. or low. or moderate income families. Section 7. That Section 4.7.5, "Density Bonus Program for the Southwest 10th Street Overlay District," of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, 7 ORD. NO. 10-07 Florida, be and the same is hereby amended to read as follows: Section 4.7.5 Density Bonus Program for the Southwest 10th Street and I-95/CSX Railroad Corridor Overlay District~ a. Developers of property in the Southwest loth Street Overlay District shall develop the properties to afford a minimum of twenty percent of the residential units as workforce housing units. al. The twenty percent that are developed as workforce housing units must contain units that are affordable to very low, low or moderate income families. eg. In the Southwest 10th Street Overlay District, the maximum density allowed is the maximum zoning density allowed in the zoning district. To obtain the maximum density allowed in the zoning district, not only must a minimum of twenty percent ofthe residential units be developed as workforce housing, but all the performance standards that allow increased density shall also be substantially met. eiii. Workforce housing units may be located off-site provided the location chosen is within the City of Delray Beach. tiiv. All sections of Article 4.7 apply to the Southwest loth Street Overlay District, except for Sections 4.7.4, 4.7.11 and 4.7.12. b. Developers of property in the 1-95/CSX Railroad Corridor Overlay District shall develop the properties to afford a minimum of twenty-five percent ofthe residential units as workforce housing units. 1. The twenty-five percent that are developed as workforce housing units must contain units that are affordable to very low, low or moderate income families. 11. In the 1-95/CSX Railroad Corridor Overlay District. the maximum density allowed is twenty-four (24) units per acres as a Conditional Use. To obtain a density greater than 6 units per acre, not only must a minimum of twenty-five percent of the residential units be developed as workforce housing, but the performance standards of Section 4.4.6m, shall also be substantially met. 111. All sections of Article 4.7 apply to the I-95/CSX Railroad Corridor Overlay District. except for Sections 4.7.4, 4.7.11 and 4.7.12. 8 ORD. NO. 10-07 Section 8. 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 9. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 10. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _dayof ,200_. ATTEST MAYOR City Clerk First Reading Second Reading 9 ORD. NO. 10-07 PLANNING AN MEETING DATE: FEBRUARY 26, 2007 IV.F. AGENDA NO.: AGENDA ITEM: CONSIDERATION OF PRIVATELY INITIATED AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS (LDRS), SECTION 4.4.19, "MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT;" SECTION 4.5.15, "THE 1-95/CSX RAILROAD CORRIDOR OVERLAY DISTRICT;" AND ARTICLE 4.7, "FAMILY WORKFORCE HOUSING," TO PROVIDE REGULATIONS ASSOCIATED WITH THE CREATION OF A NEW WORKFORCE HOUSING OVERLAY DISTRICT. The item before the Board is that of making a recommendation to the City Commission regarding privately initiated amendments to the Land Development Regulations to provide regulations associated with the creation of a new Workforce Housing Overlay District. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. The Family/Workforce Housing Ordinance, adopted by the City Commission on December 6, 2004, included incentives to provide workforce housing by allowing density bonuses within the Southwest Neighborhood Overlay District. The program was expanded with amendments adopted in April 2006 to provide additional opportunities and incentives for the provision of workforce housing. Major revisions included establishment of an additional workforce housing overlay district known as the Infill Workforce Housing Area and increasing the maximum density within the Carver Estates Overlay District from 12 units per acre to 24 units per acre. The amendments also included adding references to the newly created Delray Beach Community Land Trust, increasing the affordability time frames from 30 to 40 years; allowing lots of record between 40 feet and 50 feet to be developed for workforce housing; and requiring the provision of workforce housing to qualify for increased density or height in the CBD zoning district. The program was amended again in July 2006 to award the same density bonus to "for sale" units as "rental units"; to not require similar proportions of "for sale" units to "rental units" within a project when funded by state financing programs and when it contains at least 20% "for sale" workforce units; and to add a provision that the Community Land Trust (CL T) receives rights of first refusal on workforce housing units developed on non-CL T owned lands. A privately-initiated amendment is currently being proposed to add an additional Workforce Housing Overlay District on Depot Road, between 1-95 and the CSX Railroad. This proposed text amendments will implement several changes adopted as part of Comprehensive Plan Amendment 07-1. The privately-initiated text amendments seek to add an additional Workforce Housing Overlay District within the MIC zoning district on Depot Road, between 1-95 and the CSX Railroad. Planning and Zoning Board Memorandum Staff Report, February 26, 2007 Amendment to LDRs Pertaining to Workforce Housing Program - 1-95/CSX Railroad Corridor Residential development will be permitted through the conditional use process within the overlay area, to a maximum of 24 units per acre, with a requirement that 25% of the units be workforce housing, subject to the requirements of Article 4.7, "FamilylWorkforce Housing." Substantial compliance with the performance standards of 4.4.6(1) will also be required to exceed 6 units per acre within the overlay district. The development standards for residential development within the overlay district will be the same as within the Southwest Neighborhood and Carver Estates Overlay Districts and in the Infill Workforce Housing Area. These development standards were developed to accommodate the higher densities permitted within workforce housing overlay districts. The proposed changes are supported by Comprehensive Plan Amendment 07-1, which was adopted by the City Commission on February 6,2007. REQUIRED FINDINGS 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. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were noted: 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. As participation in the Workforce Housing Program continues, it will be necessary to modify the regulations from time to time to increase efficiency and to ensure that the intended results are achieved. Expansion of the program to include an additional Overlay District will create an opportunity for additional workforce housing units to be constructed within the City. Based on the land area within the overlay district, approximately 78 affordable housing units may ultimately be developed. Housina Element Objective B-1 The City's existing housing supply accommodates households having a wide range of economic ability. There is very little vacant land left, especially large tracts, for new housing development. Through its housing programs, the City shall work to ensure that there continues to be an adequate supply of housing to accommodate vel)llow, low, and moderate income households, as well as manufactured and mobile homes. 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. In addition to the above objectives, several text amendments were adopted as part of Comprehensive Plan Amendment 07-1 to support the inclusion of residential development (with workforce housing) within the proposed Overlay District. These changes included a modification of the description of the Commerce FLUM designation to read as follows: 2 Planning and Zoning Board Memorandum Staff Report, February 26,2007 Amendment to LDRs Pertaining to Workforce Housing Program - 1-95/CSX Railroad Corridor Commerce: This designation is applied to property which is developed, or is to be developed, in such a manner as to accommodate a mix of industrial, service, and commercial uses. This may be done either through development of existing parcels or through a planned concept. Residential development may also be permitted provided that such development is within a desiGnated workforce housinG overlay district that allows such use and any residential development meets the criteria of the City of Delray Beach Workforce Housinq Ordinance. Areas with this desiGnation, located within a workforce housinG overlay district. may be developed UP to a maximum of 24 units per acre, provided at least 25% of the units are workforce housinG units. Future Land Use Element Policy A-7.2 was also modified to include provisions for the overlay district. Future Land Use Element Policy A-7.2 Workforce Housing Overlay Districts shall be identified on the Future Land Use Map. The maximum density within these districts shall be as follows: . The MROC (Mixed Residential Office Commercial) zoning district shall have a maximum density of 40 units per acre except within the Tri-rail Station Overlay where the maximum density is 50 units per acre. . The Southwest Neighborhood and Carver Estates Overlay Districts shall have a maximum density of 24 units per acre. . The 1-95/CSX RR Corridor Overlay District shall have a maximum of 24 units per acre. . The SW 10th Street Overlay District shall have a maximum density of 12 units per acre. . All other Overlay Districts shall have a maximum density of 18 units per acre. The ultimate goal of the Family/Workforce Housing Program is to encourage the provision of housing, which is affordable to very low to moderate income households through the use of incentives. By expanding this program, the proposed text amendments are consistent with and will further the Goals, Objectives, and Policies of the Comprehensive Plan. Courtesy Notices: Courtesy notices were provided to the following homeowner and civic associations: · Progressive Residents of Delray (PROD) · President's Council · Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. The purpose of the proposed privately-initiated LDR text amendments is to further enhance the City's Workforce Housing Program by adding an additional Overlay District to the program. With a minimum of 25% workforce housing units required within the 1-95/CSX Railroad Corridor Overlay District, there is a potential for an additional 78 workforce units to be constructed within the City. The proposed amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. 3 Planning and Zoning Board Memorandum Staff Report, February 26, 2007 Amendment to LDRs Pertaining to Workforce Housing Program - 1-95/CSX Railroad Corridor Move to recommend to the City Commission approval of privately initiated amendments to the Land Development Regulations (LDRs), Section 4.4.19, "Mixed Industrial and Commercial (MIC) District;" Section 4.5.15, "The 1-95/CSX Railroad Corridor Overlay District;" and Article 4.7, "Family Workforce Housing," to provide regulations associated with the creation of a new Workforce Housing Overlay 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 Amendments Location Map s:\planning & zoning\boards\p&z board\ldr text amendment workforce housing i-95-csx corridor.doc 4 ec~ LanddtL (~) Boca RatonlDelray Beach News - Friday-Saturday, March 9-lD, 2007 · www.bocanews.com12 100 ANNOUNCEMENTS 101 Legal.\"otices I ORDINANCE NO. 11-tl7 ORDINANCE OF THE CITY COM- ISSION OF THE CITY OF DELRAY EACH. FLORIDA. AMENDING THE AND DEVELOPMENT REGULA. IONS OF THE CODE OF ORDI. ANCES, BY AMENDING SECTION .T.2, 'APPlICABllITY' TO PRO. IDE THAT A MONETARY CONTRI. unON MAY BE MADE RATHER HAN PROVIDING WORKFORCE OUSING; PROVIDING A SAVING LAUSE, A GENERAL REPEALER LAUSE, AND AN EFFECTIVE . ATE. I ORDINANCE NO. 12-07 ORDINANCE OF THE CITY COM. I ISSION OF THE CITY OF DELRAY I EACH, flORIDA, AMENDING THE i AND DEVELOPMENT REGULA. I IONS OF THE CODE OF ORDI. ANCES, BY CREATING SECTION .4.11, 'DEVELOPER'S AGREE- I ENTS", TO PROVIDE FOR THE , SE OF DEVELOPER'S AGREE. , ENTS; PROVIDING A SAVING LAUSE, A GENERAL REPEALER LAUSE, AND AN EFFECTIVE ATE. ORDINANCE NO, 13-07 ORDINANCE OF THE CITY COM. ISSKJN OF THE CITY OF DELRAY ACH, FLORIDA, AMENDING THE AND DEVELOPMENT REGULA. IONS OF THE CODE OF ORDI. NCES, BY AMENDING SECTION .5.1, 'ESTABLISHMENT OF PUBLIC RTS PROGRAM", SUBSECTION .5.1(C), "OWNERSHIP AND MAIN. ENANCE'; SECTION 8.5.2. "PUBLIC RT ADVISORY BOARD' TO PRO. IDE CLARIFICATION AS TO THE SE OF FUNDS FOR THE PUBLIC RT PROGRAM; PROVIDING A SAV. NG CLAUSE, A GENERAL REPEAL. R CLAUSE. AND AN EFFECTIVE ATE. lease be advised thai if a person de- ides to appeal any decision made by he City Commission with respect 10 ny matter considered at these hear- ngs, such person may need to ensure hat a verbatim record includes Ihe eStimoilY and evidence upon whi?h he appeal is to be based. The CIty aes nol provide nor prepare such ecOfli. Pursuant to ES. 286.0105. CITY OF DELRA Y BEACH CheveUe D. Nub;n, CMC CiyCler!< UBLISH: Friday. March 9. 200T RalonllJelray Beach News CITY OF DELRAY BEACH,R.ORIDA NOTICE OF PUBUC HEARING PUBLIC HEARING win be held on 'allowing proposed ordinances at :00 p.m. on TUESDAY, MARCH 20, 7 or al any COIltinualion of such eating which is set by the ommission), In the Cny Commission hambers, 100 N.W. 1st Avenue, Dal- y Be!lCh, Florida, at which time the ity Commission will consider their doption. The proposed ordinances y be inspeeled at the Office of the .Iy Clerk al City Hall, 100 NW. 1st vanue, Delray Beach, Florida, be. een the hours 0/8:00 a.m. ard 5:00 .m., Monday through Friday, except idays. All interested parties are in- iled 10 attend and be heard with re- peel 10 the proposed ordinances. ORDINANCE NO. 9-tl7 N ORDINANCE OF THE CITY COM. ISSION OF THE CITY OF DELRAY EACH flORIDA, REZONING AND LACING LAND PRESENTLY ONED GC (GENERAL OMMERC/AL) DISTRICT TO AC AUTOMOTIVE COMMERCIAL) DIS. RICT; SAID LAND BEING A PAR. El LOCATED ON THE EAST SIDE F DIXIE HIGHWAY, APPROXI. ATELY 1,250 FEET SOUTH OF ULF STREAM BOULEVARD, AS ORE PARTICULARLY DESCRIBED EREIN; AMENDING "ZONING MAP F DELRAY BEACH, FLORIDA, ARCH 2006'; PROVIDING A GEN. RAL REPEALER CLAUSE, A SAV. NG CLAUSE, AND AN EFFECTIVE ATE. ORDINANCE NO.1 0-07 ORDINANCE OF THE CITY COM- tSSKJN OF THE CITY OF DElRAY EACH, FLORIDA, AMENDING THE AND DEVELOPMENT REGULA- IONS OF THE CODE OF ORDI. ANCES, BY AMENOtNG SECTION 4 19 "MIXED INDUSTRIAL AND . MMERCIAL (MIC) DISTRICT"; EN- CTING SECTION 4.5.15, '1.95/CSX AIL ROAD CORRIDOR OVERLAY ISTRICT"; AMENDING SECTIONS .7, 'FINDINGS', SECTION 4.7.1, DEFINITIONS', SECTION 4.7.2, APPLICABILITY', SECTION 4.7.5, DENSITY BONUS PROGRAM FOR HE SOUTHWEST 10TH STREET VERLAY DISTRIGr, TO PROVIDE OR THE CREATION OF A NEW ORKFORCE HOUSING OVERLAY ~ISTRICT; PROViDING A SAVING LAUSE, A GENERAL REPEALER . LAUSE, AND AN EFFECTIVE ATE.