40-93 ORDINANCE NO. 40-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDI'NG SUBSECTION
4.4.6(H) (1) OF THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, TO PROVIDE FOR THE LIMITATION OF DENSITY
WITHIN THE MEDIUM DENSITY RESIDENTIAL (RM) ZONE
DISTRICT; AND TO FURTHER PROVIDE THAT THE DENSITY
WILL BE APPROVED BY THE BODY TAKING FINAL ACTION ON
THE DEVELOPMENT APPLICATION; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the Medium Density Residential (RM) Zone District
allows a density range having a base of six (6) units per acre to a
maximum of twelve (12) units per acre; and,
WHEREAS, the RM District provides for the implementation of
provisions of Objective "C-2" of the Housing Element in the City's
adopted Comprehensive Plan which calls for accommodating a variety of
housing types; and,
WHEREAS, the density of a residential development
significantly affects and determines the type and character of housing
which may be constructed on a specific parcel of land; and,
WHEREAS, policies within the Comprehensive Plan and
provisions of the City's Land Development Regulations give guidance as
to findings and items to be considered in the rezoning of property for
residential use purposes, among these are:
* LDR Section 3.3.2 requiring compatible land use and
sufficient regulation to properly mitigate adverse
impacts;
* Housing Element Policy C-2.4 which calls for development
of vacant land to be planned in a manner consistent with
adjacent development;
* Land Use Element Objective A-1 which provides that vacant
land shall be developed in a manner so that future
intensity is appropriate in terms of applicable physical
considerations and other factors; and,
WHEREAS, policies within the Comprehensive Plan and
provisions of the City's Land Development Regulations provide that
.concurrency must be met and a determination made that public facility
needs for a development proposal will not exceed the ability of the
City to provide needed capital improvements; and,
WHEREAS, from time-to-time, based upon specific
circumstances of individual parcels of land it may be necessary and
appropriate to place a limitation of development intensity upon land
which is zoned, or proposed to be zoned, RM; and,
WHEREAS, the City of Delray Beach Planning and Zoning Board,
acting as the Local Planning Agency, has reviewed a proposed amendment
to the City's LDRs, said amendment to provide for a limitation of
density within the RM Zone District, and has determined that the
ability to impose such a limitation is consistent with and furthers
the goals, objectives and policies of the adopted Comprehensive Plan;
and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida, has appropriately advertised and reviewed the proposed
amendment in a public hearing.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Subsection 4.4.6(H) (1) 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:
(1) A minimum density of six units per acre is
established for duplex and multiple family housing
projects within this District. Density may exceed
the base of six (6) units per acre only upon a
determination by the ~//PI~I~//A~ body
taking final action on the development application
that.the resulting development is harmonious with
adjacent prQperties and does not adversely affect
areas of environmental significance or sensitivity.
However, the density shall not exceed that of twelve
(12) units per acre. The density for a specific RM
development may be established by a numerical suffix
affixed to the designation and shown on the zoning
map (i.e. RM-8 limits the density to eight units per
acre). To seek a density greater than that shown in
such a manner, it is necessary to rezone the
property.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent .jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
- 2 - Ord. No. 40-93
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective
i~ediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 22nd day of Jun~ , 1993.
ATTEST:
Citf T~C-I~r k !
First Reading ,7,~n~ R~ ]993
Second Reading June 22, 1993
- 3 - Ord. No. 40-93
MEMQRANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM ~ 10~ - MEETING OF JUNE 22. 1993
ORDINANCE NO 40-93
DATE: June 18, 1993
This is second reading of an ordinance amending Subsection 4.4.6
(H)(1) of the Land Development Regulations to provide for the
limitation of density within the Medium Density Residential (RM) Zone
District.
The RM Zone District allows a density range of six units per acre to a
maximum of twelve (12) units per acre. The proposed amendment would
allow a numerical suffix to be affixed to the RM zoning designation.
This ordinance is being processed concurrently with Ordinance No.
42-93 which rezones property from POC to RM-8 (Medium Density
Residential - Eight (8) units per acre~
At the June 8th regular meeting, Ordinance No. 40-93 passed on first
reading with a 5-0 vote. The Planning and Zoning Board will review
this item at their June 21st meeting. Staff will give a verbal report
at Tuesday evening's meeting.
Recommend approval of Ordinance No. 40-93 on second and final reading.
CITY COMMI S S I ON DOCUMENTAT I ON
TO: ~' ROBERT A. BARCINSKI, ACTING CITY MANAGER
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JUNE 22, 1993
LDR AMENDMENT~ SUFFIX TO RM ZONE DISTRICT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
aDproval on second reading of an ordinance which allows the
affixing of a "density suffix" in the RM Zone District.
BACKGROUND:
Please refer to the documentation for first reading as to the
origins of this proposed amendment.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board will formally review this item at
its meeting of Monday, June 21st. The Board's recommendation
will be presented at the City Commission hearing.
A debate format will be used at the meeting for the purpose of
advocating the pros and cons associated with the use of a
"density suffix". Attached to this City Commission
documentation is a copy of the Planning and Zoning Board's
background material.
RECOMMENDED ACTION:
Pending review and recommendation by the Planning and Zoning
Board.
Attachment:
* P&Z Staff Report & Documentation of June 21st
DJK/T:CCRM-S.doc
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
FOR
L. D. R. AMENDMENTS
MEETING DATE~ June 21, 1993
AGENDA ITEM~ III.D.
SUBJECT~ DENSITY SUFFIX
LDR REFERENCE~ 4.4.6(H)(1)
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
With consideration of a recent rezoning petition (Club Delray,
POC to RM), the City Commission directed that the possibility of
limiting density be explored. Subsequently, proposed Ordinance
#40-93 was prepared and acted upon at first reading. Public
hearing and second reading is scheduled before the City
Commission on Tuesday, June 22nd. If adopted, the ability to
limit density within the RM zone district will be applied in the
case of the Club Delray petition i.e. the zoning will be RM-8.
Proposed Ordinance #40-93 is now before the Planning and Zoning
Board for review and recommendation.
PROPOSED AMENDMENT
The proposed amendment allows the placement of a numerical
suffix along with the RM zone designation in order to limit the
density of residential development on a specific parcel of land.
Also, the amendment corrects an error in Section 4.4.6(H)(1)
which makes an inappropriate reference to the "Local Planning
Agency".
P&Z Staff Report
Density Suffix - 4.4.6(H)(1)
Page 2
The proposed text amendment is as follows:
(1) A minimum density of six units per acre is
established for duplex and multiple family housing projects
within this District. Density may exceed the base of six (6)
units per acre only upon a determination by the
K~ body taking final action on the development application
that the resulting development is harmonious with adjacent
properties and does not adversely affect areas of environmental
significance or sensitivity. However, the density shall not
exceed that of twelve (12) units per acre. The density for a
specific RM development may be established by a numerical suffix
affixed to the designation and shown on the zoninq map i.e. RM-8
limits the density to eiqht units per acre. To seek a density
greater than that shown in such a manner~ it is necessary to
rezone the property. If there is no density suffix~ then the
maximum density shall be as allowed by the Future Land Use Map.
ANALYSIS
Please refer to the two attached documents which set forth an
argument for and an argument against enactment of the proposed
amendment.
This item will be presented to the Board in a "debate" format.
The Director will present the "pro" argument and Planner Paul
Dorling will present the "con" argument. Each presenter will be
allocated three (3) minutes. Following the public hearing
testimony and Board member comments, each will be allowed a one
(1) minute rebuttal or summation.
ALTERNATIVE ACTIONS
1. Recommend denial in that the modification:
a) is not consistent with the Comprehensive Plan,
specifically with regard to ......
and/or
b) is not necessary, nor appropriate in that ........
2. Recommend approval based upon a finding that the proposed
modification:
a) is not inconsistent with the Comprehensive Plan
orr
b) is consistent with and furthers the Comprehensive Plan
3. Continue with direction - this option is not available as
second reading is scheduled for June 22nd before the City
Commission.
P&Z Staff Report
Density Suffix - 4.4.6(H)(1)
Page 3
RECOMMENDED ACTION
By Motion:
* Board discretion.
Attachments:
* Proposed Ordinance #40-93
* Argument FOR by David Kovacs, Director
* Argument AGAI/NST~Paul Dorling, Land Use Planner
Report prepared ~_ ~z~? Date 6-17-93
DJK/PZSUFFIX.DOC
ORDINANCE NO. 40-93
AN ORDINANC~ OF THE CITY COMMISSION OF THE CITY OF
DELRAY BE~ ~H, FLORIDA, AMENDING SUBSECTION
4.4.6(H) (1) OF THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, TO PROVIDE FOR THE LIMITATION OF DENSITY
WITHIN THE MEDIUM DENSITY RESIDENTIAL (RM) ZONE
DISTRICT;~ PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the Medium Density Residential (RM) Zone District
allows a density range having a base of six (6) units per acre to a
maximum of twelve (12) units per acre; and,
WHEREAS, the RM District provides for the implementation of
provisions of Objective "C-2" of the Housing Element in the City's
adopted Comprehensive Plan which calls for accommodating a variety of
housing types; and,
WHEREAS, the density of a residential development
significantly affects and determines the type and character of housing
which may be constructed on a specific parcel of land; and,
WHEREAS, policies within the Comprehensive Plan and
provisions of the City's Land Development Regulations give guidance as
to findings and items to be considered in the rezoning of property for
residential use purposes, among these are:
* LDR Section 3.3.2 requiring compatible land use and
sufficient regulation to properly mitigate adverse
impacts;
* Housing Element Policy C-2.4 which calls for development
of vacant land to be planned in a manner consistent with
adjacent development;
* Land Use Element Objective A-1 which provides that vacant
land shall be developed in a manner so that future
intensity is appropriate in terms of applicable physical
considerations and other factors; and,
WHEREAS, policies within the Comprehensive Plan and
provisions of the City's Land Development Regulations provide that
concurrency must be met and a determination made that public facility
needs for a development proposal will not exceed the ability of the
City to provide needed capital improvements; and,
WHEREAS, from time-to-time, based upon specific
circumstances of individual parcels of land it may be necessary and
appropriate to place a limitation of development intensity upon land
which is zoned, or proposed to be zoned, ~RM; and,
WHEREAS, the City of Delray Beach Planning and Zoning Board,
acting as the Local Planning Agency, has reviewed a proposed amendment
to the City's LDRs, said amendment to provide for a limitation of
density within the RM Zone District, and has determined that the
ability to impose such a limitation is consistent with and furthers
the goals, objectives and policies of the adopted Comprehensive Plan;
and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida, has appropriately advertised and reviewed the proposed
amendment in a public hearing.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Subsection 4.4.6(H) (1) 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:
(1) A minimum density of six units per acre is
established for duplex and multiple family housing
projects within this District. Density may exceed
the base of six (6) units~per ~cre only n
determination by the Leca! ~anni..g Agency/that the
resulting development is harmonious with adjacent
properties and does not adversely affect areas of
environmental significance or sensitivity. However,
the density shall not exceed that of twelve- (1'2)
units per acre. The density for a specific RM
development may be established by a numerical suffix
affixed to the designation and shown on the zoning
map (i.e. RM-8 limits the density to eight units per
acre). To seek a density greater than that shown in
such a manner, it is necessary to rezone the
property.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
- 2 - Ord. No. 40-93
Section 4. 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 day of , 1993.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 40-93
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: // P~ING AND ZONING BOARD
FROM: D~ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
DATE: FOR MEETING OF JUNE 21, 1993
SUBJECT: ARGUMENT FOR A DENSITY SUFFIX IN THE RM ZONE DISTRICT
BAS
The use of a density suffix to limit intensity of use on
residential property is--a ~alid'-regulatory tool. In fact, this
tool is currently used in the Delra¥ Beach LDRs in the PRD Zone
District, reference Section 4.4.?(H)(1).
BENEFITS
Furtherinq the Comprehensive Plan - Mitigation: Land Use
Objective A-1 provides that vacant land shall be developed in a
manner so that future intensity is appropriate in terms of
applicable physical considerations and other factors. As a part
of findings which are to be made when approving a development
application is that there is sufficient regulation available to
properly mitigate adverse impacts.
In specific circumstances it may be appropriate, at the time of
zoning or rezoning, to establish a maximum density .~ in
order to insure the protection of environmentally sensitive
areas and still have a development which is in character with
the area. For example, a ten acre parcel with a four acre
environmentally sensitive area would be allowed 120 units under
the RM designation. This yields a net density of 20 du/ac - a
density out of character with all but the non-conforming
development found in Delray Beach. A density suffix of 7 (i.e.
RM-7) would allow 70 units which would have a net density of 12
du/ac which is consistent with other multiple family housing
developments.
Furtherinq the Comprehensive Plan - Ensurinq Concurrency:
Another application of the density suffix is found with respect
to concurrency albeit traffic, sewer system capacity, or other
level-of-service determinants. If there is a concurrency
limitation which allows only partial development, then that
limit can be affixed by the density suffix. Thus, a development
P&Z Department Memorandum
Argument for a Density Suffix in the RM Zone District
Page 2
can be built-out or phased. If phased, and the concurrency
restriction later is corrected, an additional phase can be
accommodated. In this manner, the issue of control of timing of
a project can be readily accommodated at the zoning/rezoning
stage.
Furthering the the Comprehensive Plan - Assuring Consistency:
Housing Element Policy C-2.4 calls for development of vacant
land to be planned in a manner consistent with adjacent
development. Where existing development is at an intensity of
7 du/ac, a zoning/rezoning to RM will undoubtedly lead to
initial development proposals with an intensity of 12 du/ac.
While a lesser density may ultimately be achieved, the process
is difficult on both the applicant and the staff but it also
creates undue anxiety and conflict in the public arena. Use of
the density suffix at the time of zoning/rezoning will provide a
flexible tool~i4~mplement this Policy of the Housing Element.
Furthering the the Comprehensive Plan - Assurinq Diversity in
Housing TyDes: Objective C-2 of the Housing Element calls for
the City to provide-a variety of housing types. The density of
housing developments directly establishes a type e.g. townhomes,
garden/patio homes, rental multiple family. If a particular
location (area of the community) becomes homogeneous with
respect to housing types, the density suffix provides a tool to
direct future development toward meeting the desire for
diversity.
CORRECTIVE ACTION
Initial Oversiqht: Use of the suffix provides flexibility
within a zoning code without the creation of many zoning
districts. At one time, the Delray Beach Code contained the
following zone districts:
* RL (3-6 du/ac)
* RM-6
* RM (7-10 du/ac)
* RM-10
* RH (11-15 du/ac)
* RM-15
* PRD-4
* PRD- 7
* PRD-10
The current code accommodates:
* RL
* RM
* PRD, with density suffix provision.
The same flexibility and simplicity which was provided for in
the PRD Districts should have been accommodated in the RM Zone
Districts.
P&Z Department Memorandum
Argument for a Density Suffix in the RM Zone District
Page 3
ASSESSMENT
There is sufficient basis upon which to enact the proposed LDR
Amendment. The proposed amendment clearly furthers objectives
and policies of the Comprehensive Plan. Indeed, the proposal
provides a flexibility which is far superior to the alternative
of creating specialized zone districts in order to achieve the
same desired results.
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: PLANNING AND ZONING BOARD
FROM: PAUL DORLING,/PLANNER II
DATE: FOR MEETING OF JUNE 21, 1993
SUBJECT: ARGUMENT AGAINST A DENSITY SUFFIX IN THE RM ZONE
DISTRICT
ITEM BEFORE THE BOARD:
A staff position paper in opposition to the enactment of an
ordinance which provides for the limitation of density within
the Medium Density Residential (RM) Zone District by allowing
the placement of numerical suffixes on specific properties.
BACKGROUND:
During City Commission consideration of a recent rezoning
petition, residents raised concerns of potential intensification
of the site over and above units depicted on an accompanying
concept plan. The City Commission seeking measures to limit the
density within the RM district queried as to methods to limit
density. The Planning Director noted that such a limitation is
already used, in the LDR, s within the PRD zone district.
An ordinance has been drafted which amends the LDR's to allow
the placement of a numerical suffix with the RM zone designation
in order to limit the density of residential development. The
intent of the ordinance is to allow the application of a density
suffix during rezoning which will further limit RM development
to specific maximum densities between 6 and 12 units per acre.
This limitation is to be applied at the rezoning stage with the
intent of assuring development which is consistent and
compatible with adjacent development.
The ordinance was approved by the City Commission on first
reading on June 8, 1993. The ordinance is before the Planning
and Zoning Board on this agenda for formal review. The Board's
findings and recommendations will be presented at the City
Commissions public hearing at second reading on June 22, 1993.
P&Z Department Memorandum
Argument Against a Density Suffix in the RM Zone District
Page 2
C O M P P L A N A N D LDR A N A L Y S I S:
The following Comprehensive Plan Objectives, Policies, and LDR
sections currently address land use compatibility:
Comprehensive Plan Objectives and Policies.'
Housing Element Policy C-2.4: Development of remaining vacant
properties which are zoned for residential purposes shall be
developed in a manner which is consistent with adjacent
development regardless of zoning designations. These policies
shall be implemented through the review process associated with
platting and site plans and shall be effective immediately.
Land Use Element Objective A-1.' Vacant properties shall be
developed in a manner so that the future use and intensity is
appropriate in terms of soil, topographic, and other applicable
physical considerations, is complimentary to. adjacent land uses,
and fulfills remaining land uses.
It is noted each of above have been incorporated into the LDR's
under mandatory findings required of site plan approval listed
below.
Land Development Regulation Sections~
Section 4.4.6 (H)(1) Medium Density Residential (RM) District:
A minimum density of six units per acre is established for
duplex and multiply family housing projects within the RM
district. Density may exceed the base of six (6) units per acre
only upon a determination by the Local Planning Agency that the
resulting development is harmonious with adjacent properties and
does not adversely affect areas of environmental significance or
sensitivity. However, the density shall not exceed that of
twelve (12) units per acre.
Section 3.3.3 (E) (Standards for Site Plan and/or Plat Actions):
Development of vacant land which is zoned for residential
purposes shall be planned in a manner which is consistent with
adjacent development regardless of zoning designation.
Section 3.3.3 (F) (Standards for Site Plan and/or Plat Actions):
Vacant property shall be developed in a manner so that the
future use and intensity are appropriate in terms of soil,
topography, and other applicable physical considerations;
complimentary to adjacent land uses; and fulfils remaining land
use needs.
Section 2.4.5(F) (5) Required Site and Development Plan Findinqs:
In addition to provisions of Chapter Three (listed above) the
approving body must make a finding that development of the
property pursuant to the site plan will be compatible and
harmonious with adjacent and nearby properties and the City as a
whole, so as not to cause substantial depreciation of property
value.
P&Z Department Memorandum
Argument Against a Density Suffix in the RM Zone District
Page 3
A N A L Y S I S:
Staff's objections to the ordinance are two fold.
INAPPROPRIATE TIMING FOR REGULATION
* Establishment of specific density requirements at the time
of zoning, in the absence of a formal site plan, for the
purpose of determining the type and character of housing
types, is arbitrary and capricious. To do so, the City
must be prepared to defend its choice based on credible
evidence that density relates directly, in all cases to
housing character (or quality), and therefore, to
compatability. Such a defense can be overcome by pointing
out high quality, high density development on the beach
compared with iow quality, Iow density housing in suburbia.
* Establishing specific, overly narrow densities on
residential property does not create a real difference in
housing character. There is little perceptual difference
between seven and nine units per acre in a multi-family
development. The perception of quality lies in the
specific site design.
* Establishing a zoning district density suffix based upon a
conceptual development plan creates a false sense of
confidence in the final form of the development. The
zoning district cannot normally be conditioned to require a
specific site plan. As a concept plan has no legal basis
there is, then, no guarantee that the concept plan will
ever be built. The only way to establish such guarantee is
through a Unified Conditional Approval, whereby the zoning,
site plan etc. are. approved at the same time. The
ordinance under consideration does not have those
provisions.
* Establishing specific, narrow densities at the rezoning
stage limits the design flexibility of the developer. The
role of government in the development process is planning,
regulation and protection; it is not site specific design.
The developer must be allowed to bring to the market a
product that can sell as well as the flexibility to modify
the product in response to market changes. Such product
decisions must remain in the private sector.
* Zoning is a long range decision, while site plans are short
term decisions until they are constructed. For this
reason, site plans are only valid for eighteen months on
the presumption that if a project is not built in eighteen
months, it is probably not viable. Alternately,
establishment of a zoning district is an act of long range
planning to determine the overall framework of the City.
To employ zoning to define specific housing character
would presume that the zoning is tied to a site plan; in
this ordinance there is no such provision i.e.
micro-management using macro-management tools;
P&Z Department Memorandum
Argument Against a Density Suffix in the RM Zone District
Page 4
* The most appropriate land development process to determine
site specific compatibility is during the site plan
approval process, not the zoning process. At the site plan
stage a more detail analysis of the projects compatibility
can be conducted include assessment of components which
would mitigate impacts i. e. buffers etc. The
appropriateness of a compatibility assessment at this stage
is reaffirmed by the mandatory findings of Section 3.3.3
(E) & (F) and Section 2.4.5 (F)(5)..(listed above) required
for site plan approval.
ADDITIONAL GOVERNMENT REGULATION
* The passage of the ordinance will place another layer of
bureaucracy on the development process. To ascertain the
appropriate density suffix, some degree of site development
layout and design will be required at the rezoning stage.
Proponents of the ordinance argue that this is necessary to
assure the provision of certain housing type and hence
assure compatibility. However, as evidenced throughout the
city similar housing types have been developed at different
densities as well as very different housing types being
developed at similar densities. Further, as stated
previously compatibility is more appropriately addressed at
the detailed site plan stage.
Deve%opment of speciflc site plans and future minor site
plan modifications may require a rezoning i.e. another
expensive and time consuming process.
* Passage of the ordinance will add a layer of review because
provisions to assure the development of compatible housing
types within a density range of 6 to 12 units to the acre
are already in place. Within the existing RM zone
district and site plan approval regulations it is clear
that approval of above 6 units per acre requires a
compatibility findings under Section 4.4.6(H)(1), as well
as mandatory compatibility findings for all site plans
under Section 3.3.3 (E) & (F) and Section 2.4.5 (F)(5).
OTHER ISSUES:
Application of similar suffix to PRD zoning district: In your
support documentation it is noted that density within the PRD
zone district is established by a numerically suffix to the
designation and shown on the zoning map i.e. PRD-8 limits the
density to eight units per acre. However, it is noted that the
suffix density is provided under PRD in lieu of, not in addition
to, an the assigned density range as found in the RM district.
Further, the suffix range is needed in the PRD to accommodate a
greater range of densities (which can be ranges within both RL
and RM densities) resulting from requirements to provide a
combination of housing types.
P&Z Department Memorandum
Argument Against a Density Suffix in the RM Zone District
Page 5
SUMMARY:
The underlying intent of the ordinance before you is to assure
compatibility with adjacent properties by trying to manipulate
the housing type by limiting density. Given the already
abundant mandatory findings and text verbiage limiting densities
based on inconsistent land uses it is not necessary to achieve
this goal through additional regulation during the zoning
process. In summary, staff recommends denial of the ordinance
based upon the following:
* Establishment of specific density requirements at the
time of zoning, in the absence of a formal site plan, for
the purpose of determining the type and character of
housing types, is arbitrary and capricious;
* Establishing specific, overly narrow densities on
residential property does not create a real difference in
housing character;
* There is no guarantee that any accompanying concept plan
will ever be built;
* Establishing specific, narrow densities at the rezoning
stage limits design flexibility;
* The proposed process is micro-management using
macro-management tools;
* The most appropriate land development process to determine
site specific compatibility is the site plan process, not
the zoning process;
* Existing regulations are adequate to assure compatibility
is achieved between adjacent land uses.
RECOMMENDATION :
Recommend denial of the Ordinance which provides for the
limitations of density within the Medium Density Residential
District by allowing the placement of numerical suffixes on
specific properties.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGE~
SUBJECT: AGENDA ITEM $ /~ ~ - MEETING QF JUNE 8. 1993
ORDINANCE NO. 40-93
DATE: June 4, 1993
This is a first reading of an ordinance amending Subsection 4.4.6
(H)(1) of the Land Development Regulations to provide for the
limitation of density within the Medium Density Residential (RM) Zone
District.
The RM Zone District allows a density range of six units per acre to a
maximum of twelve (12) units per acre. The proposed amendment would
allow a numerical suffix to be affixed to the RM zoning designation.
This ordinance is being processed concurrently with Ordinance No.
39-93 which rezones property from POC (Planned Office Center) to RM-8
(Medium Density Residential - Eight (8) units per acre. The Planning
and Zoning Board will review this item at their June 21st meeting.
Recommend approval of Ordinance No. 40-93 on first reading. If
passed, public hearing June 22, 1993.
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: /sU~ RUBY, CITY ATTORNEY
FROM: UA~ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
DATE: JUNE 7, 1993
SUBJECT: ORDINANCE 40-93, AMENDING RM ZONE DISTRICT
In further review of LDR Section 4.4.6(H)(1), we note a problem
in the original text wherein the authority for making a
determination which allows site specific development to exceed
the base of six (6) units per acre rests with the "Local
Planning Agency".
While the existing language is appropriate when a rezoning is
being considered (i.e. affixing a density suffix); it is not
appropriate when the determination is made only at the site plan
level i.e. SPRAB action when acting on a site plan and making
the necessary findings one of which should be that the resulting
development - at the requested density - "is harmonious with
adjacent properties and does not adversely affect areas of
environmental significance or sensitivity".
My suggestion to address this situation is to replace the words
"Local Planning Agency" with "body taking final action on the
development application".
Since we are making changes to Section 4.4.6(H)(1) at this time,
it may be appropriate to also include the above item.
DJK/cm
Diane Dominguez, Current Planning
CITY COMMISSION DOCUMENTATION
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JUNE 8, 1993
LDR AMENDMENT~ ESTABLISHING A DENSITY LIMITATION IN
THE RM ZONE DISTRICT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
aDDroval on first reading of an ordinance with modifies the
LDRs.
The modification allows the placement of a numerical suffix
with the RM zone designation in order to limit the density
of residential development on a specific parcel of land.
BACKGROUND:
During consideration of a recent rezoning petition, the C~ty
Commission expressed a desire to limit density, for good and
proper reasons, within the RM Zone District. The Director of
Planning noted that such a limitation is already used, in the
LDRs, within the PRD zone district.
!
The proposed ordinance is attached. Within the WHEREAS clauses
you will find the rationale and justification for the suffix
approach. This item is being processed prior to P&Z Board
review in order to have it applicable to a rezoning action which
is pending before the City Commission.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board will formally reviewed this item
at its meeting of June 21, 1993. The Board's findings and
recommendation will be presented at the City Commission public
hearing at second reading.
RECOMMENDED ACTION:
By motion, approval of this ordinance on first reading.
Attachment:
* Proposed ordinance, by others.
DJK/T:CRM-SX
~ ~v~ ~ n- ~_~10D )
/
/ ORDINANCE NO. 40-93
/
AN ORDINANCI~ OF THE CITY CO~IISSION OF THE CITY OF
D ELRAY BE~CH, FLORIDA, AMENDING SUBSECTION
4.4.6(H) (1) IOF THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF/ ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, TO/ PROVIDE FOR THE LIMITATION OF DENSITY
WITHIN TH~ MEDIUM DENSITY RESIDENTIAL (RM) ZONE
DISTRICT ;~ PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the Medium Density Residential (RM) Zone District
allows a density range having a base of six (6) units per acre to a
maximum of twelve (12) units per acre; and,
WHEREAS, the RM District provides for the implementation of
provisions of Objective "C-2" of the Housing Element in the City's
adopted Comprehensive Plan which calls for accommodating a variety of
housing types; and,
WHEREAS, the density of a residential development
significantly affects and determines the type and character of housing
which may be constructed on a specific parcel of land; and,
WHEREAS, policies within the Comprehensive Plan and
provisions of the City's Land Development Regulations give guidance as
to findings and items to be considered in the rezoning of property for
residential use purposes, among these are:
* LDR Section 3.3.2 requiring compatible land use and
sufficient regulation to properly mitigate adverse
impacts;
* Housing Element Policy C-2.4 which calls for development
of vacant land to be planned in a manner consistent with
adjacent development;
* Land Use Element Objective A-1 which provides that vacant
land shall be developed in a manner so that future
intensity is appropriate in terms of applicable physical
considerations and other factors; and,
WHEREAS, policies within the Comprehensive Plan and
provisions of the City's Land Development Regulations provide that
concurrency must be met and a determination made that public facility
needs for a development proposal will not exceed the ability of the
City to provide needed capital improvements; and,
WHEREAS, from time-to-time, based upon specific
circumstances of individual parcels of land it may be necessary and
appropriate to place a limitation of development intensity upon land
which is zoned, or proposed to be zoned, RM; and,
WHEREAS, the City of Delray Beach Planning and Zoning Board,
acting as the Local Planning Agency, has reviewed a proposed amendment
to the City's LDRs, said amendment to provide for a limitation of
density within the RM Zone District, and has determined that the
ability to impose such a limitation is consistent with and furthers
the goals, objectives and policies of the adopted Comprehensive Plan;
and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida, has appropriately advertised and reviewed the proposed
amendment in a public hearing.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Subsection 4.4.6(H) (1) 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:
(1) A minimum density of six units per acre is
established for duplex and multiple family housing
projects within this District. Density may exceed
the base of six (6) units per acre only
determination by the ~ rlan~g~ __~n~v2~ha~~ the
resulting development is harmonious with adjacent
properties and does not adversely affect areas of
environmental significance or sensitivity. However,
the density shall not exceed that of twelve (12)
units per acre. The density for a specific RM
development may be established by a numerical suffix
affixed to the desiqnation and shown on the zoninq
map (i.e. RM-8 limits the density to eight units per
acre). To seek a density greater than that shown in
such a manner, it is necessary to rezone the
property.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
- 2 - Ord. No. 40-93
Section 4. 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 day of , 1993.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 40-93
Mail For 0
Harty, Alison - City Clerk
TO User ID Address
HARTY DELRAYCH
City of Delray Beach
100 N. W. 1st Avenue
Delray Beach, Fi. 33444
City Clerk
2nd Floor City Hall
(407) 243-7057
FROM User ID Address
KOVACS DAVID
SUBJECT
REFERENCE
AUTHOR
ACTION DUE
DATE
Re: Drafting of Ordinance for SUffix in the RM Zone District.
to discussion with the City Attorney, please delete the last
in Section 1 i.e. "If there is no density ..... Map"
CITY COMMISSION DOCUMENTATION
TO: ~-~--~QAVID T. HARDEN, CITY MANAGER
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JUNE 8, 1993
LDR AMENDMENT~ ESTABLISHING A DENSITY LIMITATION IN
THE RM ZONE DISTRICT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance with modifies the
LDRs.
The modification allows the placement of a numerical suffix
with the RM zone designation in order to limit the density
of residential development on a specific parcel of land.
BACKGROUND:
During consideration of a recent rezoning petition, the C~ty
Commission expressed a desire to limit density, for good and
proper reasons, within the RM Zone District. The Director of
Planning noted that such a limitation is already used, in the
LDRs, within the PRD zone district.
/
The proposed ordinance is attached. Within the WHEREAS clauses
you will find the rationale and Justification for the suffix
approach. This item is being processed prior to P&Z Board
review in order to have it applicable to a rezoning action which
is pending before the City Commission.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board will formally reviewed this item
at its meeting of June 21, 1993. The Board's findings and
recommendation will be presented at the City Commission public
hearing at second reading.
RECOMMENDED ACTION:
By motion, approval of this ordinance on first reading.
Attachment:
* Proposed ordinance, by others.
DJK/T:CRM-SX
. ORDINANCE NO. -
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA AMENDING SUBSECTION 4.4.6(H)(1) OF THE LAND
- ' CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR THE
' LIMITATION OF DENSITY WITHIN THE MEDIUM DENSITY RESIDENTIAL
-.. / (RM) ZONE DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the Medium Density Residential (RM) Zone District
· '"'::":"'i allows a density range having a base of six (6) units per acre
to a maximum of twelve (12] units per acre; and,
WHEREAS, the RM District provides for the implementation of
~:!'~.;~ : . . provisions of Objective "C-2" of the Housing Element in the
City's adopted Comprehensive Plan which calls for accommodating
'~-~- ' :' a variety of housing types; and,
"~:.~-':~7~":::~ w~, the density of a residential development significant
.~.. ~6~..-:..~ affects and determines the type and character of housing which
may be constructed on a specific parcel of la~d; a~d,
""'.~7~? ;,'. ~, policies within the Comprehensive Plan and provisions
'~'~'~-~":~'" ~-' ~ of the City's Land Development Regulations give guidance as to
:~'...~..C~ ~ "~ '" '.~ findings and items to be considered in the rezoning of property
~'~-.?" "-'? ~/' for residential use purposes, among these are:
~'-~ ' ' * LDR Section 3 3.2 requiring compatible land use and
· ~ -~' ~. ~ · sufficient regulation to properly mitigate adverse impacts;
'.'.' ' ', ' ~..~ Housing Element Policy C-2.4 which calls ~or development
~ · ~:~...: of vacant land to be planned in a manner ~onsistent with
' ~ : .:'?'. ~'~ adjacent development;
.:> '-..~ ..:'.~ * Land Use Element Objective A-1 which provides that vacant
' ' land shall be developed in manner so that future intensity
-/~- .'~" ~ ' '~: :~ '~ is appropriate in terms of applicable physical
--: < .] considerations and other factors;
- ::~" '. . · ' and,
': '~'3.' ~ ~AS, policies within the Comprehensive Plan and provisions
' ; ~.: ' ::' -'.. ' -~ of the City' s Land Development Regulations provide that
facility needs for a development proposal will not exceed the
_.'~ . ~:~-~' '. ~ ~'.. ~; ability of the City to provide needed capital improvements; and,
'-:'-::~.: - ~ : ~, from time-to-time, based upon specific circ~stances of
.... : "- ',. 'I individual parcels of land it may be necessary and appropriate
.-.~:.'- ':.~?:.~:~.~.~ to place a limitation of development intensity upon land which
'~-,%~37j-.~-'" ' "':':"'~' ' '~ is zoned, or proposed to be zoned, ~; and,
: ~, the City of Delray Beach Planning and Zoning Board,
'~ .~?'~;.~:':"""~ acting as the Local Planning Agency, has reviewed a proposed
:~;'-.'.' · ~ ~en~ent to the City's LDRs, said amen~ent to provide for a
-. ~'"'.~: ' ~ limitation of density within the ~ Zone District, and has
:: ~'-"~:? · , determined that the ability to impose such a limitation is
:..:..~q~.,~ ..~ 3, consistent with and furthers the goals, objectives, and policies
:"~'~'?~ : ~ of the adopted Comprehensive Plan; and,
.,.:~.:......:...~ ~, the City Co~ission of the City of Delray Beach has
;~ ~-~-~'-.' "~ appropriately advertised and reviewed the proposed ~en~ent in
:~f~:~ ~...-..... ~ a public hearing.
NOW THEREFORE BE IT ORDAINED BY THE CITY CO~ISSION OF THE CITY
.~-:-~:~'~ '' - ~"~ OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
a JJ:-~'? ~'{'"'> :.: .: .::~ Section 1. That Subsection 4.4.6 [ H ) [ 1 ) of the Land
~:-~.~..~::::~.,~:..,./:. Development Regulations of the Code of Ordinances of the City of
'- ~.~:"~.'~'..:: Delray Beach, Florida, be, and the same is hereby ~ended to
"'". ~'. '~':'-~' '~'~ read as follows:
. .~ ~.. ~.,,- . .~
.'- ' ,' established for duplex and multiple family housing projects
j_ ~.~.-.. ~.... (~) k minim~ density of six units per acre
~,"~ ?- within this District. Density may exceed the base of six
~ '~ (6) units per acre only upon a determination by ~he Local
~ '.~' ' ,' Planning Agency that the resulting developmen%
harmonious with adjacent properties and does not adversely
~ affec~ areas of enviro~ental significance or sensitivity.
· '- However, the density shall not exceed that of twelve (12)
units per acre. The density for a specific ~ development
may be established by a n~erical suffix affixed to the
"', .'.$:~;~'.'..]: .. the density to eight units per acre~ ~o seek a density
'. designation and shown on the zonin~ map~i.e. ~-8 limits
greater than that shown in such a manner, it is necessary
.... · . ~ to rezone the property.
· .~ ,/~,._.~.~j section 2: ~na~ snou~ an~ section or ~ro~ion of ~hi~
ordinance or any portion thereof, any paragraph, ,en,ence or
~.~j~ ?~ ~.'.? word be declared by a court of competent jurisdiction to be
~'~'~ ~,~. inualid, such decision shall not affect the ualidity of the
:~{~.~)?i~>:~:,~<~ ~? ~].. declaredremainder hereof as a whole or part thereof other than the partto be invalid.
~.~ ~,~ .~. Section 3: That all ordinances or parts of ordinances
.~?~>,?.~,. ~ ,j~:_).:~...'}}~ which are in conflict herewith are hereby, repealed.
~ ~ Section 4: That this ordinance shall become effective
i~ediately upon passage on second and final reading.
. PASSED AND ADOPTED in regular session on sgcond and final
'"?' reading on this the 22nd day of June, 1993. /
' : M~Y OR
First Reading
Second Read~n~
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BOCA RATON~DELRAY ~EACH UOYNTON ~EACII~ I)EEK~IELI) ~EACIt
~l~lON OF THE CI~ OF
Published Daily BEACH, FLORID~ ~ENDI~
CHA~ER 110, ~CUPATI~AL LI-
Monday through Sunday CENSES GENER~LW, ~ THE
COOE ~ OnruShES
Boca Raton, Palm Beach County, Florida CITY ~ DEL~Y
Delray Beach, Palm Beach County, Florida 'P.~ ~T RE~IRED TO PAY
FULL FE~. TO PR~I~ AN EX-
EM~I~ F~ NO~ESlDE~
BUSINE~ES FR~ PAYI~ A~I-
TIO~L FEES; BY ~N~ SEC-
RY OF ~CUPATI~L LICENSE;
ER ~E, A ~Vl~ C~USE.
AN~A~ EFF~rY~ ~TL
Boforo ~ho undo~signod augho~i~7 porsonally
appeared Nancy Smith, Inside Sales Man-
agor of The News, daily newspapers pub-
S~I~ ~H)(I}
lishod in Boca Raton in Palm Beach County, .v,~ REOU~,I~
THE C~ ~ ~Of~
Florida; that the attached copy of advertise- FL~I~-TH" CI. TO.P~VI~Y
LJMITAT,~ OF ~SIW WITHIN
merit was published in said newspapers in THE ~ ~
~1~ C~ ~E Dl~fft~. AND
the issues of: TO FUETHER PR~I~ T~T T~
TH~ ~Y TAKI~ FINA~
~I~TI~ P~IOI~ A ~VI~
C~, A GENE~ RE~R
C~ ~ Ag EFF~
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Affiant further says that The News is a (~Eo,u~ oE~t. RESt~N~
newspaper published in Boca Raton,insaid ~KEERA~YIDAL~TEDR~D
CONG.W AV~E.
· Palm Beach County, Florida, Monday ,s ~RE PAITICU~RLY
KRIBED HEREIN;
through Sunday, and has been entered as ING~IK DISTRICT~P, ~--
~Y B~, F~RI~
second class matter at the post office in v,mN A OENE~
Boca Raton, Palm Beach County, Florida,
for a period of ono yoar noxt preceding tho
advertisement; and affiant further says that ~c,~ ~.D
he has neither paid nor promised any CENtare D,STR,~ m
person, firm or corporation any discount, m.,,~; aid ~ND ,ElK GE~
'E~Y L~TED
rebate, commission or refund fop the put- ~KE ,~ .~
pose of securing this advertisement for pub- ~IBulS ~EHEREiN;PARTI~RLY
lication in said newspapers. .. ,~. ~L.,~
VIDIK A GENE~
c~usL A ~V,K
AN EFFE~IVE ~TE.
I AN ORDI~ ~ THE Cl~ C~
MI~I~ ~ ~E Cl~
CHA~ ~ ~PART~
H~DI~ ~T~ ~R~,
THE ~ ~ ~
Sworn to and subscribed before me this T.E ClW ~. OEL~Y
day of , A.D., 19 ~
My CommissiA(~~ My ~mm. ~P 5-3-94 '"--TM
~~~ Bonded Thru Se~ce Ins. C~