80-95 ORDINANCE NO. 80-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH,
TO ALLOW MULTI-FAMILY RESIDENTIAL DWELLING UNITS AS A
PERMITTED USE WITHIN THE CBD, WITH A MAXIMUM DENSITY
OF 12 UNITS PER ACRE WITHIN THE COASTAL HIGH HAZARD
AREA LYING EAST OF N.E./S.E. 7TH AVENUE AND A MAXIMUM
DENSITY OF 30 UNITS PER ACRE IN THE REMAINDER OF THE
CENTRAL BUSINESS DISTRICT; PROVIDING FOR THE
REGULATION THEREOF; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at a special meeting on
November 13, 1995, and voted 5 to 2 to forward the change with a
recommendation of approval; 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
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD)
District" Subsection 4.4.13(B), "Principal Uses and Structures
Permitted~, subparagraph 4..4 13(B)(4), of the Land Development
Regulations of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
in both free-standing residential structures and mixed use structures,
excluding duplexes. Where such dwelling units are locate~ in a mixed
use building, they shall be physically separated from non-rg~id~nti~l
uses. and no residential units shall be located on the ground floor.
~ That Chapter Four, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD)
District", Subsection 4.4 13(C), "Accessory Uses and Structures
Permitted", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended by enacting a new
subparagraph 4.4.13(C)(6) to read as follows:
(6) Recreational facilities attendant to a multi-family
residential development, such as tennis courts, swimminq pools.
exercise area. and meetinq rooms.
Section 3. That Chapter Four, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD)
District", Subsection 4.4.13(D), "Conditional Uses and Structures
Allowed", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
(10~) Recreational establishments such as bowling alleys,
gymnasiums, health spas, miniature golf courses, skating rinks.
(ll~) Veterinary clinics.
(12~) Movie theaters, excluding drive-ins.
(~) Playhouses, dinner theaters, and places of assembly for
commercial entertainment purposes (e.g. concerts, live performances).
(~4~) Flea markets, bazaars, merchandise marts, and similar
retail uses.
(15~) Wash establishment, with automatic/mechanical systems
only, for vehicles, except that such use shall not be located east of
the Intracoastal Waterway or on lots which front along Atlantic
Avenue. Further, this use must be established on property with a
minimum lot area of 20,000 sq.ft.
~_~ That Chapter Four, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD)
District", Subsection 4.4.13(H), "Special Regulations", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as follows:
(H) Special Regulations:
(1) The sale of second hand material, other than
verifiable antiques, shall not be allowed within businesses which have
an entry from and/or windows along East Atlantic Avenue.
- 2 - Ord. No. 80-95
(2) The picking-up, dropping-off, or otherwise
transporting workers, assigned through an employment agency, from an
assembly point in the CBD to the work site is prohibited.
(3) The maximum density for residential dwelling units
in that portion of the Central Business District (CBD) within the
Qoastal High Hazard Area. which lies east of N.E. 7th Avenue. is 12
units per acre. The maximum density for residential dwelling units in
~he remainder of the CBD is 30 units per acre.
(4) Minimum floor area for multi-family residential
dwelling units shall be as established for the Medium Density
Residential (RM) ~oning district in Section 4.3.4(K~.
(5) Fr~-stan~ing structures, containing only
residential uses. shall not be located on properties fronting Atlantic
Avenue.
~ That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 6. 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.
~ That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 5th day of December ., 1995.
ATTEST:
~ City C~erk '
First Reading November 21, 1995
Second Reading December 5, 1995
- 3 - Ord. No. 80-95
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~I
SUBJECT: AGENDA ITEM ~ /0 ~ - MEETING OF DECEMBER 5, 1995
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 80-95
(DENSITY IN THE CENTBAL BUSINESS DISTRICT)
DATE: DECEMBER 1, 1995
This is second reading and public hearing for Ordinance No. 80-95
which proposes to amend the Central Business District zoning
category by allowing multi-family residential dwelling units as a
permitted use, with a maximum density of 12 units per acre within
the Coastal High Hazard Area which is that portion of the CBD lying
east of N.E./S.E. 7th Avenue, with a maximum density of 30 units
per acre in the remainder of the Central Business District.
This amendment will implement Policy A-5.13 of the Comprehensive
Plan Future Land Use Element which directs the increase in density
in the CBD to 30 units per acre to allow optimum use of downtown
property. In addition, an increase in residential density to 30
units per acre was noted as a policy in the Transportation
Concurrency Exception Area (TCEA) to assist in achieving an
improved employment/housing mix and improved mobility
opportunities. The eastern portion of the CBD is in the Coastal
High Hazard Area which is an evacuation zone for a category one
hurricane. Since evacuation times should be maintained or
decreased, increases in density should not be promoted. In the
balance of the CBD, however, the increased density furthers the
goals of both the Comprehensive Plan and the TCEA.
The Planning and Zoning Board considered this item on November 13,
1995, and voted 5 to 2 (Kiselewski and Schwartz dissenting) to
recommend approval. Ms. Kiselewski feels that multi-family
residential should be a conditional use, while Mr. Schwartz opposes
increases in density anywhere in the city. At first reading on
November 21, 1995, the Commission passed the ordinance by a vote of
3 to 1, with Mr. Ellingsworth dissenting and Mayor Lynch
abstaining.
Recommend approval of Ordinance No. 80-95 based upon a finding that
the modification is consistent with and furthers the policies and
objectives of the Comprehensive Plan.
CITY COMMISSION DOCUMENTATION
TO: DAVID~, C~~~_~NAG ER
DEPARTMENT OF PLANNING AND Z/ONING
/
SUBJECT: MEETING OF NOVEMBER 21, 1995
AMENDMENTS TO LAND DEVELOPMENT REGULATIONS
SECTION 4.4.'13 **FIRST READING**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of a request for
amendments to LDR Section 4.4.13, regarding density in the Central
Business District (CBD) zoning district
BACKGROUND:
Existing Comprehensive Plan, Future Land Use Element, Policy A-5.13 directs
the increase in density in the Central Business District (CBD) zoning district to 30
units per acre. Traffic models prepared for the Transportation Concurrency
Exception Area (TCEA), scheduled for adoption in December, 1995, accounted
for the increase in residential density to 30 units per acre in the CBD. In
addition, increased density was noted as a policy in the TCEA to assist in
achieving an improved employment/housing mix and improved mobility
opportunities. Thus, increased residential density in the CBD furthers the goals
of both the adopted Comprehensive Plan and the TCEA.
The eastern portion of the CBD lies within the Coastal High Hazard Area, which
is the evacuation zone for a category I hurricane. Within that area, evacuation
times should be maintained or decreased, thus, increases in intensity should not
be promoted.
As noted in the Planning and Zoning Board Memorandum Staff Report, the
Central Business District (CBD) zoning district (Section 4.4.13) currently allows
limited single family residential as a permitted or accessory use and multi-family
residential as a conditional use.
City Commission Documentation
Amendments to Land Development Regulations - Section 4.4.13
Page 2
The proposed amendment will allow multi-family residential as a permitted use
with a maximum density of 30 units per acre west of N.E. 7th Avenue, and 12
units per acre east of N.E. 7th Avenue. The complete text of the amendment is
contained in the Planning and Zoning Board Memorandum Staff Report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board Considered this item at its meeting of November
13, 1995. There was no public testimony on this item. After discussion, the
Board voted (5-2 with Kiselewski and Schwartz dissenting) to recommend
approval of the amendments to Land Development Section 4.4.13 as submitted.
Mr. Schwartz voted against the amendment because he opposes increases in
density anywhere in the City. Ms. Kiselewski felt that multi-family residential
should be a conditional use.
RECOMMENDED ACTION:
By motion, approve the amendments to Land Development Section 4.4.13 as
submitted.
Attachment:
· P&Z Board Memorandum Staff Report of 11/13/95
S:~ADV~,DENSITY4
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
FOR LDR AMENDMENTS
MEETING DATE: Special Meeting of November 13, 1995
AGENDA ITEM: ll.B.
SUBJECT: Increased Density in the Central Business District (CBD)
LDR REFERENCE: Section 4.4.13
ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation to the City
Commission on a proposed modification to the City's Land Development Regulations
(LDRs).
Pursuant to LDR Section 1.1.6, no amendment may be made until a recommendation
is obtained from the Planning and Zoning Board.
Pursuant to F.S. 163.3194(2), the Planning and Zoning Board is to review the
proposed amendment with respect to its relationship to the adopted Comprehensive
Plan of the City.
BACKGROUND:
Comprehensive Plan:
The Future Land Use Element of the Comprehensive Plan calls for a "village center"
development scenario which promotes continued development and redevelopment in
the downtown area through an enhanced balance of employment, housing, and
mobility. One incentive to encourage residential development is through an increase
in the allowable maximum residential density from 12 units per acre to 30 units per
acre. The residential units could be accommodated in free-standing multi-family
structures, or in mixed use structures with residential above commercial uses.
Existing Comprehensive Plan, Future Land Use Element, Policy A-5.13 directs the
increase in density in the Central Business District (CBD) zoning district to 30 units per
acre.
Traffic models prepared for the Transportation Concurrency Exception Area (TCEA),
scheduled for adoption in December, 1995, accounted for the increase in residential
density to 30 units per acre in the CBD. In addition, increased density was noted as a
ll.B.
P&Z Board Memorandum Staff Report
LDR Amendments - Section 4.4.13 - Increased Density in the Central Business District (CBD)
Page 2
policy in the TCEA to assist in achieving an improved employment/housing mix and
improved mobility opportunities. Thus, increased residential density in the CBD
furthers the goals of both the adopted Comprehensive Plan and the TCEA.
Land Development Regulations:
The Central Business District (CBD) zoning district (Section 4.4.13) currently allows
limited single family uses and multi-family uses as follows:
(B) Principal Uses and Structures Permitted: The following types of use
are allowed within the CBD District as a permitted use:
(4) Dwelling units within the same structure as commercial uses
provided that residential and nonresidential uses are physically separated, and have
separate accessways and that there are no residential units on the ground floor.
(C) Accessory Uses and Structures Permitted: The following uses are
allowed when a part of, or accessory to, the principal use:
(5) A single family residence, either separate or within a structure
housing a nonresidential use, provided that the residence is occupied by the owner,
proprietor, or employee of a business enterprise conducted on the property.
(D) Conditional Uses and Structures Allowed: The following uses are
allowed as conditional uses within the CBD District:
(10) Free-standing multiple-family housing subject to the requirements
of the RM District except for setback and height requirements which shall be pursuant
to this Section.
PROPOSED AMENDMENT:
LDR Section 4.4.13(B)(4) should be modified as follows:
~v ~ v ~,,]~,~,,] ~,~ ~, ~ ~,~
,~, ,~ ........... ;~,;~, ,,~;,~ ~ ,s ....... ~ ~ Mulfi-famiN dwellino units in
both free-standing residential structures and mixed use str~ct~res, excluding
duplexes. Where such dwelling units are located in a mixed us~ building, ~hey ~h~ll
be physically separated from non-residential uses. and no residential units shall b~
located on the ground floor.
P&Z Board Memorandum Staff Report
LDR Amendments - Section 4.4.13 - Increased Density in the Central Business District (CBD)
Page 3
Section 4.4.13(C) should be modified as follows:
(6) Recreational facilities attendant to a multi-family residential
development, such as tennis courts, swimming pools, exercise area. and meeting
rooms.
LDR Section 4.4.13(D)(10) should be deleted:
LDR Section 4.4.13 (H) should be modified to add:
(3) The maximum density for residential dwelling units in that portion
of the Central Business District (CBD) within the Coastal High Hazard Area. which lies
east of N.E. 7th Avenue. is 12 units per acre. The maximum density, for residential
dwelling units in the remainder of the CBD is 30 units per acre.
(4) Minimum floor area for multi-family residential dwelling units shall
be as established for the Medium Density Residential (RM) zoning district in Section
4.3.4(K).
(5) Free-standing structures, containing only residential uses, shall
not be located on properties fronting Atlantic Avenue.
ANALYSIS:
The anticipated residential development in the CBD zoning district is multi-family,
either occupying the upper floors of mixed use buildings, or in free standing residential
buildings. The proposed amendments will implement Policy A-5.13 of the
Comprehensive Plan Future Land Use Element. Increasing maximum density to 30
units per acre will allow the optimum use of downtown property. In order to reach that
goal, the Land Development Regulations need to be modified in several areas.
· Multi-family residential use should be a permitted use in the district. This is the
preferred development type in the district, and there is no reasonable basis for
requiring a conditional use process.
* The maximum multi-family residential density should be 30 units per acre to
implement Comprehensive Plan direction and achieve the goals of the TCE^.
Duplexes should not be a permitted use. Their lower density is out of character in
the CBD.
P&Z Board Memorandum Staff Report
LDR Amendments - Section 4.4.13 - Increased Density in the Central Business District (CBD)
Page 4
ALTERNATIVE ACTIONS:
1. Continue with direction.
2. Recommend approval based upon a finding that the proposed modification is
consistent with and furthers the Comprehensive Plan
3. Recommend denial with the basis stated.
RECOMMENDED ACTION:
By motion:
Recommend approval, based upon a finding that the proposed modification is
consistent with and furthers the Comprehensive Plan.
S:\adv\DENSITY2
· .' 5
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