Ord 08-98ORDINANCE NO. 8-98
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 DENSITIES IN EXCESS OF THIRTY (30)
UNITS PER ACRE AS A CONDITIONAL USE WITHIN CERTAIN
SECTIONS OF THE CENTRAL BUSINESS DISTRICT, SUBJECT
TO SPECIFIED PERFORMANCE STANDARDS; 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 proposed text amendment at a public hearing
on December 15, 1997, and forwarded 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", of the Land Development Regulations of the
City of Delray Beach, Florida, be, and the same is hereby amended as
set forth in Exhibit "A" attached hereto and made a part hereof.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. 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 4. 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 3rd day of February , 1998.
ATTEST:
- City-C]~rk !
First Reading January 20, 1998
Second Reading February 3, 1998
- 2 - Ord. No. 8-98
EXHIBIT "A" to ORDINANCE NO. 8-98
PROPOSED AMENDMENT TO THE CBD DISTRICT REGULATION~
Section 4.4.13 Central Business (CBD) District
(B) Principal Uses and Structurgs Permitted: The following types of use are
allowed within the CBD as a permitted use:
(4) Multi-family dwelling units, ~'' _v..~'"+~'. ~,. ...... ~ ~._,,+""'4~.. ,, ..... ,~ ,~,_~'~'-"*;~'.. ,,., .. , ...,. -+-'"* .. . .. ..... ,..~ end
,,,~,,,,,4......v_ ..... .~ ...........~,+"'"+ ..... excluding duplexes, UD ..... to a maximum density of thirty (30~ units
per acre except for the portion of the CBD located east of the Intracoastal Waterway,
where the maximum density_ is twelve (12) dwelling units .Der acre. --VVhece-su~
~-..v,,,.,~ w,,,.~ ~,~ , . ~ .,,... w ~ ,~,,,~ ,~ ~,, ,, ~-,,~,v~,,7
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the CBD District:
(15) Multi-family dwelling units, excluding duplexes, at a density greater than
thirty (30) units per acre, subject to the standards and limitations of Section 4.4.13(I).
(E) Review and Approval Process:
(4) Applications for conditional use approval pursuant to .Section 4.4.13(I)
must include, in addition to the standard application items of 2.4.3(A). a site and
development plan (including landscaping, elevations, and floor plans) that are of
sufficient detail to determine that the applicable performance standards are being met.
Final approval of the detailed site plan is by the Site Plan Review and Appearance
(5) The process for modification of a conditional use and site plan approved
pursuant to Section 4.4.13(I) is as follows:
(a) Modifications to any aspect of the plan that was a basis for determining
compliance with the applicable performance standards shall be processed as
a modification to the conditional use approval,
(b) Modifications to the plan that do not affect the application of the performance
standards may be processed as a site plan modification.
/dC) (6)All development applications which are processed through either the
Planning and Zoning Board or SPRAB shall be referred to the Downtown Development
Authority and the Community Redevelopment Agency prior to action by the approving
body.
Page 1 of 4
(H) Special Regulations:
{4-)-(3) 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).
{.~ (4) Multi-family dwelling units may be located in structures that are comprised
of residential units only or in mixed-use buildings that contain a combination of
residential and non-residential uses. However. where residential uses are located in
structures having frontage on Atlantic Avenue. there must be nonresidential uses
frontino the Avenue on the around floor, c .... ~,.~:.,~. ~+,,,,,, ........ ,..;~,:~,~, ,,,,,,,
(I) Performance Standards; These standards shall apply to all applications
for new development and modification of existing developments which would result in a
density greater than thirty (30) dwelling units per acre.
(1) Residential development may exceed thirty_ units per acre as a conditional
use only on property located south of N.E. 2nd Street and north of S.E. 2nd Street. The
maximum permissible density of a particular project will be established through the
conditional use process, based upon the degree to which the development complies
with the performance standards of this section, the re0uired findings of Section
2.4.5(E). and other applicable standards of the Comprehensive Plan and Land
Development Regulations, Notwithstanding the above, the approving body may deny
an application for increased density where it is determined that the proposed project is
not compatible in terms of building mass and intensity of use with surrounding
(2) The applicable performance standards for development under this section
8re as follows:
(a)
The development offers variation in design to add interest to the elevations and
relief from the building mass. For example, the building setbacks or planes of
the facade are offset and varied. In structures having more than two stories.
stepping back of the upper stories !third floor and above) is encouraged to
decrease the perception of bulk. Building elevations incorporate several of the
following elements: diversity in window and door shapes and locations: features
such as balconies, arches, porches: and design elements such as shutters.
window mullions, quoins, decorative tiles, or similar distinguishing features.
Exhibit "A" to Ordinance No. 8-98 Page 2 of 4
(b) If the building includes a parking garage as an associated structure or within the
principal building, the garage elevation provides unified design elements with
the main building through the use of similar building materials and color, vertic¢
and horizontal elements, and architectural style. The garage is designed ir~ ~
manner that obscures parked vehicles except in places where unavoidable, such
as entrances and exits. Development of a portior;1 of the ground floor perimeter
adjacent to street rights of way is devoted to window dis.plays or floor area for
active uses such as retail stores, personal and business service establishmeflts,
entertainment, offices, etc.. is encouraged.
(c) A number of different unit types, sizes and floor plans are available within the
development. Two and three bedroom units are encouraged, as are a
combination of multi-level units and flats. In projects consisting of more than
twelve (12) dwelling units, the proportion of efficiency or studio ty.De units may
I1¢ exceed 25% of the total units. There is no maximum percentage established
for projects having twelve (12) or fewer units, however, a mix of unit types and
sizes is encouraQed.
(d) The interiors of the dwelling units provide unique features and conveniences that
distinguish them from standard .multi-family pro!ects and create an attractive
living environment. Examples of some of the features that could be incorporated
to meet this standard are: ceiling heights of 9 feet or greater: extensive use of
natural lighting; panel doors throughout the interior: use of decorative moldinQ
for baseboard, door and window casings: wood or ceramic tile flooring in all or a
portior~ of the ~jnits: built in cabinetry_ and/or shelving: arched ent,ryways or
passageways: individual laundry_ facilities: special security features: or a
combination of similar features and elements that meet the intent of this
standard.
(e) The development provides common areas and/or amenities for residents such as
swimming pools, exercise rooms, storage rooms or lockers, covered parking.
gardens, courtyards, or similar areas and/or amenities.
(f) The development promotes pedestrian movements by providing convenient
access from the residential units to the public sidewalk system. Pedestrian areas
adjacent to the building are enhanced by providing additional sidewalk area st
the same level as the abutting public sidewalk. Accessways to parking areas are
designed in a manner that minimizes conflicts between vehicles and pedestrians.
The public street or streets immediately ad!acent to the development ere
enhanced in a manner that is consistent with the streetscape in the downtown
area (i.e.. installation of landscape nodes, extension of existing paver block
system, installation of approved street lighting, etc.).
Exhibit "A" to Ordinance No. 8-98 Page 3 of 4
(g)The develo0ment provides opportunities to share parking, accessways.
driveways, etc.. with ad!pining properties, or provides additional parking spaces
that may be used by the public.
(h) Pro!ects fronting on Atlantic Avenue. N.E. 1st Street. or S.E. 1st Street contain
nonresidential uses on the ground floor. The nonresidential ground floor space
has ceilings not less than ten (10) feet in height. At least fifty percent (50%) of
the surface area of the front street wall(s) at the ground floor of each such
building is devoted to display windows and to entrances to commercial uses from
outside the building.
(3) It is acknowledged that it may not be possible for pro!ects which involve
the modification of existing structures to comply with many of the above referenced
standards. For those types of pro!ects, the ultimate density should be based upon
compliance with those standards which can be reasonably attained, as well as the
i;)ro.iect's ability to further the goal of revitalizing the central business district (i.e..
adaptive reuse of older structures and the provision of housing in close proximity to
employment opportunities and services).
Exhibit "A" to Ordinance No. 8-98 Page 4 of 4
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
AGENDA ITEM ~ IO~- REGULAR MEETING OF FEBRUARY 3, 1998
ORDINANCE NO. 8-98 (INCREASED DENSITIES IN CERTAIN
PORTIONS OF THE CENTRAL BUSINESS DISTRICT)
JANUARY 29, 1998
This is second reading and the second public hearing for Ordinance
No. 8-98 which amends Section 4.4.13 of the Land Development
Regulations to allow residential densities in certain portions of
the Central Business District (CBD) to exceed the current maximum
of 30 units per acre. The density increase would only be
permitted as a conditional use and subject to compliance with
specific performance standards.
This proposal was initially workshopped by the Commission on
October 28, 1997. At that time direction was given to revise the
proposed ordinance in order to provide greater control and more
specific standards for the review of higher density projects.
These changes have been incorporated into Ordinance No. 8-98. The
attached Planning and Zoning Board staff report provides a more
detailed background and analysis of the changes.
The Planning and Zoning Board considered the proposed text
amendment at a public hearing on December 15, 1997, and voted
unanimously to recommend that it be approved. The Community
Redevelopment Agency has also recommended approval. At first
reading on January 20, 1998, the Commission passed the ordinance
by unanimous vote.
Recommend approval of Ordinance No. 8-98 on second and final
reading, based upon a finding that the amendment furthers the
goals, objectives and policies of the Comprehensive Plan which
relate to the revitalization of the downtown area.
ref:agmemol8
TO:
FROM:
SUBJECT:
DAVID T. HARDEN
DIANE DOMINGUEZ, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING ~) /
MEETING OF JANUARY 20, 1998
LDR AMENDMENT ALLOWING DENSITIES IN EXCESS OF 30 UNITS
PER ACRE AS A CONDITIONAL USE IN SPECIFIED AREAS OF THE
CENTRAL BUSINESS DISTRICT (CBD) ZONE
The item before the City Commission is an amendment to Section 4.4.13 of the Land
Development Regulations (LDRs), to allow residential densities in certain portions of the CBD
zoning district to exceed the current maximum of 30 units per acre. The density increase would
only be permitted as a conditional use, and is subject to compliance with specific performance
standards.
This amendment is a revised version of an ordinance that was discussed at the City
Commission workshop meeting of October 28, 1997. At that meeting the Commission gave
direction to staff to revise the proposed ordinance in order to provide greater control and more
specific standards for the review of higher density projects. Those changes have been
incorporated into the revised amendment. The attached P & Z Board staff report provides a
more detailed background and analysis of the changes.
The Planning and Zoning Board held a public hearing on the proposed amendment at its
meeting of December 15, 1997. One person expressed concerns about parking demands, and
another spoke in favor of the changes. The Board voted unanimously to recommend approval
of the amendment. It is also noted that at its meeting of December 18, 1997, the CRA
recommended approval of the proposal.
By motion, approve the proposed amendments to LDR Section 4.4.13, Central Business
District, as attached, based upon a finding that the amendment furthers the goals, objectives,
and policies of the Comprehensive Plan which relate to the revitalization of the downtown area.
Attachment:
· P & Z Board Staff Report of
/ oi9
MEETING OF:
DECEMBER 15, 1997
AGENDA ITEM:
V.D. AMENDMENT TO LAND DEVELOPMENT REGULATIONS
(LDRs), ALLOWING DENSITIES IN EXCESS OF THIRTY (30)
UNITS PER ACRE AS A CONDITIONAL USE WITHIN CERTAIN
SECTIONS OF THE CENTRAL BUSINESS DISTRICT (CBD)
The item before the board is an amendment to Section 4.4.13 of the Land Development
Regulations, Central Business (CBD) District zoning regulations. The amendment will
allow residential densities in certain portions of the CBD to be increased above the
current maximum of 30 units per acre, as a conditional use and subject to specified
performance standards. Pursuant to LDR Section 1.1.6, amendments to the Land
Development Regulations may not be made until a recommendation is obtained from
the Planning and Zoning Board.
As a result of the revitalization efforts that have been made in the downtown, the CBD
has become a vibrant shopping and entertainment district, with restaurants and clubs,
art and antique dealers, and quality retailers. One essential component to a
sustainable downtown which continues to be deficient, however, is the construction of
residential dwelling units. Residential development must be attracted to the downtown
to ensure its long term viability. This factor has long been recognized by the CRA, the
City Commission, and members of the community who have worked to revitalize the
area.
However, the development community has been slow to respond to the opportunities to
create residential units in the CBD, for a number of reasons. Providing new housing in
the downtown is especially difficult due to the problems and the costs involved in
assembling sufficient land. It has also become apparent that these problems are
exacerbated by the existing limitations on density, as described below.
Current Reaulations
Residential dwelling units are permitted in the downtown area at a density of 30 units
per acre, excluding the area east of N.E. 7th Avenue (which was previously identified
as the Coastal High Hazard Area--this has since been changed to the Intracoastal
Waterway) where it is limited to 12 units per acre.
P & Z Board Staff Report - December 15, 1997
Proposed Amendments to the LDRs Regarding Densities in the CBD
Page 2
There has been recent interest shown by developers in establishing quality residential
development in the downtown, however, the density limitations have been identified as
an impediment. The case of the renovation of the Huber Drugs building on East
Atlantic Avenue is a good example. The owner applied to convert the second floor of
the building to eleven (11) dwelling units, but was restricted by the density limits to four
(4). The remainder of the space must continue to be used as office, even though he
has had a great deal of interest from residential tenants. This is contrary to all of the
efforts that have been made to date to encourage residents living downtown. Similarly,
developers have approached the CRA about constructing new residential buildings, but
have found that the density limits don't allow for enough units to make the projects
viable. In most cases the projects will be limited to small sites, (perhaps as small as an
acre or two) due to the limited available land, and it does not make economic sense to
incur the costs of developing projects having 30 or so units.
At the City Commission meeting of September 23, 1997, Mayor Alperin noted his
concerns regarding these difficulties, and asked staff to determine if the regulations
could be addressed in order to facilitate the creation of dwelling units in the downtown
area.
At the Planning and Zoning Board worksession of October 13, 1997, staff proposed the
idea of eliminating density restrictions altogether in the CBD, for the following reasons:
The dwelling unit per acre approach is more of a suburban concept, where it is
applied to vacant land on a gross acreage basis, and land for roads and open space
is then extracted from the total. Cities with urban centers typically do not use the
unit per acre concept for their downtowns, where public roads, infrastructure, and
open space areas already exist.
The maximum density that is achievable in the CBD is already limited by height (no
more than 60 feet), setbacks, minimum unit sizes (which were recently increased),
parking requirements, and where applicable, open space requirements. These
provisions have the effect of limiting the mass and scale of buildings in the
downtown, if we are willing to live with these limitations for nonresidential
structures, they should be sufficient parameters for residential buildings, regardless
of the number of dwelling units that they contain.
Due to the unique character of the Central Business District, the separate impacts of
residential, commercial, and office development are less relevant than the overall
impacts of the development mix. Controls should, then, be focused on the gross
intensity of development in the district rather than the net density of a particular use
within the development mix. Within the Central Business District the density of
residential development on a particular site is less relevant than the establishment
and maintenance of a sustainable mix of uses which provide for a balance of
dwelling units, services, and employment opportunities in a compact area.
P & Z Board Staff Report - December 15, 1997
Proposed Amendments to the LDRs Regarding Densities in the CBD
Page 3
The P & Z Board members expressed support for the concept of removing maximum
residential density requirements, but only for the core of the CBD-that is, the first two
blocks north and south of Atlantic Avenue (west of the Intracoastal). They also felt that
there should be some basic limits on the mix of unit types. In particular, they felt that
the percentage of efficiency and studio type units should be restricted. At the regular
meeting of October 20, 1997, the Board voted unanimously to approve an LDR
amendment that allowed development at densities greater than 30 units per acre as a
permitted use, subject to certain Iocational and unit mix restrictions.
The proposed amendment was discussed at the October 28, 1997 workshop meeting of
the City Commission. Several of the Commissioners expressed concern that there
were not enough controls to ensure that the higher density developments would be of a
quality and style that would enhance the character of the downtown. They gave staff
direction to rewrite the ordinance to allow the increased density as a conditional rather
than permitted use, and to make the approval subject to various performance standards
that would result in attractive, high quality development. The attached amendment has
been drafted pursuant to that direction.
The proposed amendment would allow the number of dwelling units per acre to be
increased above 30 within that portion of the Central Business District that is west of
the Intracoastal Waterway, between NE 2nd and SE 2nd Streets. The maximum
density within the portion of the CBD located east of the Intracoastal Waterway (as
opposed to east of N.E. 7th Avenue) would remain at 12 units per acre, in that it lies in
the Coastal High Hazard Area. Within this area, state regulations prohibit reductions in
hurricane evacuation times, which is most affected by the number of residents. Those
portions of the CBD north of NE 2nd Street and south of SE 2nd Street would maintain
the 30 unit per acre limitation. In these areas, the CBD narrows significantly, forming a
corridor centered on Federal Highway, between mostly residential established
neighborhoods. The corridors are relatively remote from Atlantic Avenue, and at the
fringe of the "compact urban core" of the traditional downtown. Due to these Iocational
considerations, residential density controls should be retained to assure compatibility
with surrounding land uses.
In order to develop projects with densities greater than 30 units per acre within the
allowable area, conditional use approval is required. In addition to the established
standards for approval of a conditional use (that the proposal will not have a detrimental
affect on surrounding neighborhoods nor hinder development or redevelopment of
nearby properties), certain performance standards must be met. These standards
relate to the following elements: building elevations and design; parking garage design;
unit types and mix; interior finishes and design; common areas and amenities;
P & Z Board Staff Report - December 15, 1997
Proposed Amendments to the LDRs Regarding Densities in the CBD
Page 4
pedestrian access and movement; provision of shared and/or public parking; and the
use of ground floor area adjacent to major streets in the CBD. The intent of the
performance standards is to mitigate the potential impacts of the increased density by
encouraging attractively designed development that is of a high quality, functions well
in a downtown setting, and is attractively designed, as further discussed below.
The style and quality of residential development is vital to the long-term success of
downtown redevelopment. One measure of quality is a reasonable mix of unit sizes
and their respective rents or values. Residential development in the downtown should
attract a stable, year-round population that will contribute substantially to the economy
of the downtown and the City. Therefore, it is appropriate to limit the proportion of
efficiency apartments in favor of larger units (standard "c"). A limitation of 25% for
efficiency units should produce such a reasonable mix of units sizes. However, this
limitation is only applied to larger projects, in order to allow additional flexibility for
second floor conversions and smaller redevelopment projects. Other measures that will
result in higher quality units are upgraded interior finishes and the provision of common
areas and amenities (standards "d" and "e").
The standards which relate to the functioning of the building in a downtown setting are
those that call for enhancement of adjacent pedestrian ways and streetscapes ("f"),
encourage shared parking or additional public parking ("g"), and require nonresidential
uses on the ground floor when fronting on specified streets [Atlantic Avenue, N.E. 1st
Street, and S.E. 1st Street ("h")].
The standards which encourage attractive design are those which call for an interesting
and varied facade which provides some relief from building mass ("a"), and which
provide guidelines for the exterior design of accessory parking structures ("b").
Pursuant to LDR Section 2.4.5(M)(5), Findings, prior to adopting an amendment to the
LDRs, the City Commission must make a finding that the text amendment is consistent
with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan.
The applicable policies are as follows:
Housing Element Policy B-3.4 (pending the effective date of amendment 97-1): The
City's Planning and Zoning Department will work with the Community Redevelopment
Agency to analyze the existing Central Business District regulations to determine if
there are significant regulatory impediments to the development of residential units in
the downtown, and will process the amendments necessary to eliminate those barriers.
This analysis will be conducted in FY 97/98.
Future Land Use Element Policy C-4.1 The Central Business District (CBD)
Zoning District regulations shall facilitate and encourage rehabilitation and revitalization
and shall, at a minimum, address the following:
P & Z Board Staff Report - December 15, 1997
Proposed Amendments to the LDRs Regarding Densities in the CBD
Page 5
· deletion of inappropriate uses
· incentives for locating retail on the ground floor with office and residential use
on upper floors
· accommodating parking needs through innovative actions
· incentives for dinner theaters, playhouses, and other family oriented activities
· allowing and facilitating outdoor cafes
· incentives for mixed use development and rehabilitation
· elimination of side yard setback requirements
· allow structural overhang encroachments into required yard areas
The proposed amendments fulfill the stated objective to eliminate certain impediments
to the development of residential housing downtown, and provide additional incentives
for the construction of mixed use development. A positive finding can be made that the
amendment is consistent with and furthers the Goals, Objectives, and Policies of the
Comprehensive Plan.
By motion, recommend that the City Commission adopt the amendments to LDR
Section 4.4.13, Central Business District regulations, as attached, based upon a finding
that the amendment furthers the goals, objectives and policies of the Comprehensive
Plan which relate to the revitalization of the downtown area.
Attachments:
· Proposed LDRAmendment
· Letters of support
s:plann~docume\pzcbdens.doc
~,,.. AIR CONDITIONING- HEATING
November 18, 1997
Ms. Diane Dominguez
Division of Planning & Zoning
city mn
100 NW First Avenue
Delray Beach, FL 33444
Re: Initiative to Increase Density in Selected Areas of the Central Business District.
Dear Diane:
Regarding the City's initiative to encourage downtown residential development, I whole-
heartily support their efforts. I encourage your department and our Commission~ to
change zoning and density restrictions that inhibit this endeavor. Please add my name to
the list of sUpporters who want to see Downtown with a well-rounded and diverse
economic base.
.. ely,.
David L. Heuninger
President
PLANNING & ZONING
Delray: 278-5232 · Boynton: 734-7776 ° West Palm: 655-6993 ° Broward: 426-0008
Fax: 561-278-5499 · 1-800-560-5008
Mouw Associates, Inc.
November 24, 1997
Ms. Diane Dominguez
Division of Planning & Zoning
100 NW 1st Avenue
Delmy Beach, FL 3,~'H.
Dear Diane:
As you know, I have bccn pushing for a revitalized downtown for Delray Beach through
partidpation in the C.R.A., The City Con'nission, The Con)3ittee of 100, The Chamber
of Commerce and vadous conznittees. It appears that we am almost them.
The addition of modem, compact residential areas in the downtown would give a very
solid foundation to the retail growth we am currently enjoying.
Please do what you can to further this goal.
Thank you.
MOUW ASSOCIATES, INC.
Arrnand Mouw
Chairman
AM:bam
cc: Michael Weiner/Weiner & Morid
b:~ianedom
,:-,- ,.'~ ,. ,_.~..,~. ,-;._.. ~ ! '.r..~,~
,.. , ~ '.,,'~.i
Pi"?'?'"N~t";G & 2'C.:,.'.,'.>,.~G
General Contractors
P.O. Box 2690 · Delray Beach, Florida 33447-2690 · Telephone (561) 276-9640 · FAX (561) 265-3886
THE BEZTAK COMPANIES
Real Estate Development, Construction, Management, Financing & Investments
November 19, 1997
Ms. Diane Dominguez
Division of Planning & Zoning
City Hall
100 N.W. First Avenue
Delray Beach, FL 33444
RE: Initiative to increase densiW in selected areas of central business district
Dear Diane:
It has come to our attention that the City, through a change in its local ordinances, will be
encouraging downtown residential development along Atlantic Avenue. I am in support of these
types of initiatives. It is only good planning to have our central city invigorated with both retail and
residential uses. Please add our name to the list of supporters who want to see a downtown with a
well-rounded and diverse economic base.
pL/~NNING & ZO~q!~4G
2295 Corporate Blvd. NW Suite 240 Boca Raton, FL 33431 (407) 998-8171 FAX (407) 998-7767
FELNER CONSTRUCTION, INC.
625 Auburn Cimle West
Delray Beach, Florida 33444
(561)496-2000
(561)265-4935FA
CGCA02243
November 11, 1997
Ms. Diane Dominguez
Division of Planning & Zoning
City Hal!.
100 N.W. First Avenue
Dekay Beach, FL
Re: Initiative to Increase Density in Selected Areas of the Central Business District
Dear Diane:
It has come to our attention that the City through a change in its local ordinances will be
encouraging downtown residential development along Atlantic Avenue. I am in support of these
types of initiatives. It is only good planning to have our central city in~d-~orated with both r~taii'
and residential uses. Please add our name to the list of supporters who want to see a downtown
with a well-rounded and diverse economic base.
Very truly yours,
W:\WORK'uMSWAO 10kDOMINGUE.N 11
November 17, 1997
Ms. Diane Dominguez
Division of Planning & Zoning
City Hall
100 N.W. First Avenue
Delray Beach, Florida 33444
Initiative to Increase Density in Selected Areas of the Central
Business District
Dear Diane,
It has come to our attention that the City, through a change in its local ordinances, will be
encouraging downtown residential development along Atlantic Avenue. I am in support
of these types of initiatives. It is only good planning to have our central city invigorated
with both retail and residential uses. Please add our name to the list of supporters who
want to see a downtown with a well-rounded and diverse economic base.
Sincerely,
Michael F. Morrell
Chairman of the Board/CEO
1903 S. Congress Ave.- Suite 400 · Boynton Beach, FL 33426 · 561/737-2227 · 561/737-5008FAX
November 11, 1997
Ms. Diane Dominguez
Division of Planning & Zoning
City Hall
100 N.W. First Avenue
Delray Beach, FL 33444
Re: Initiative to Increase Density in Selected Areas of the Central Business District
Dear Diane:
It has come to our attention that the City through a change in its local ordinances will be
encouraging downtown residential development along Atlantic Avenue. I am in support of these
types of initiatives. It is only good planning to have our central city invigorated with both retail
and residential uses. Please add our name to the list of supporters who want to see a downtown
with a well-rounded and diverse economic base.
Very truly yours,
W:\WORK~MSWAO 10~DOMINGUE.N 11
Boca Raton News, Friday January 23, 1998
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FINDING T~T THE
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CI~ ~ ~L~Y BEACH'S
~EHENSIVE ~N, ~D
F~THE~ FINDINGS ~RSUANT
~ ~E APPL~BLE RE~IRE.
~NT$ ~ F~RIDA STATUTES
A GENE~ REP~ER ~USE,
A ~VING C~USE ~g AN EFFEC.
; TI~ ~TE.
I~CK, FLORI~ ~NDIK SEC-
TION ~ ~NT~L IUSINE~
(CBD) DISTRI~, OF THE
~E~NT REGU~TION$
THE CI~ ~ DEL~ B~CH, TO
*~L~ ~NSITIES IN EXCE~
IR~ ~) UNITS ~R ACRE ~ A
~ClFJED ~CE ~A~
C~ ~ ~LRAY B~CH
'NOTICE OF CONDITIONAL USE
CHANGE WITHIN THE CENTRAL
BUSINESS (CBD) DISTRICT
The City CommiSsion of the City of Delray Beach, Florida,
proposes to adopt the following ordinance: '-:
ORDINANCE NO. 8-98
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 DENSITIES IN EXCESS OF THIRTY (30) UNITS
PER ACRE AS A CONDITIONAL USE WITHIN CERTAIN
SECTIONS OF THE CENTRAL BUSINESS DISTRICT,
SUBJECT .TO SPECIFIED PERFORMANCE
STANDARDS; PROVIDING A 'GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
The City Commission will conduct two (2)~ Public Hearings
for the purpose of accepting public testimony regarding
the proposed ordinance. The first Public Hearing will be
held on TUESDAY, JANUARY 20, 1998, AT 7:00 P.M. (or
at any continuation of such meeting which is set by the
Commission), in the Commission Chambers at City Hall,
100 N.W. 1st Avenue, Delray Beach, Florida. If the
ordinance is passed on first reading, a second Public
Hearing will be held on TUESDAY, FEBRUARY 3, 1998,
AT 7:00 P.M. (or at any continuation of such race. ting which
is set by the Commission). ~ ... ~
All interested citizens are invited to attend the public
hearings and comment upon the proposed ordinance or
submit their comments in writing on or before the date of
these hearings to the Planning and Zoning Department.
For further information or to obtain a copy of the proposed
ordinance, please contact the Planning and Zoning
Department, City Hall, 100 N.W. 1st Avenue, Delray
Beach, Florida 33~.~.~, (Phone 407/243-7040), between the
hours of 8:00 a.m. and 5:00 p.m., Monday through Friday,
excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO
APPEAL ANY DECISION MADE BY. THE CITY
COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT THESE HEARINGS, SUCH PERSON
MAY NEED TO ENSURE THAT A VERBATIM RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS TO BE BASED. THE CITY
DOES NOT PROVIDE NOR PREPARE SUCH RECORD.
PURSUANT TO F.S. 286.0105.
PUBLISH: Boca Raton News
January 13,1998
January 28, 1998
~ AD #770337
CiTY OF DELI=lAY BEACH
AlisOn MacGregor Harty
City Clerk
.'~ Boca Raton News, Tuesday, January 13, 1998
CITY OF DELRAY BEACH
NOTICE OF CONDITIONAL USE
CHANGE WITHIN THE CENTRAL
BUSINESS (CBD) DISTRICT
The City Commission of the City of Delray Beach, Florida,
proposes to adopt the following ordinance:
ORDINANCE NO. 8-98
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 DENSITIES IN EXCESS OF THIRTY (30) UNITS
PER ACRE AS A CONDITIONAL USE WITHIN CERTAIN
SECTIONS OF THE CENTRAL BUSINESS DISTRICT,
SUBJECT TO SPECIFIED PERFORMANCE
STANDARDS; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING .CLAUSE, AND AN EFFECTIVE
DATE.
The City Commission will conduct two (2) Public Hearings'I
for the purpose of accepting public testimony regarding
the proposed ordinance. The first Public Hearing will
held on TUESDAY, JANUARY 20, 1998, AT 7:00 P.M. (or
at any continuation of such meeting which is set by the
Commission), in the Commission Chambers at City Hall,
100 N.W. 1st Avenue, Delray Beach, Florida. If the
ordinance is passed on first reading, a second Public
Hearing will be held on TUESDAY, FEBRUARY 3, 1998,'
AT 7:00 P.M. (or at any continuation of such meeting which
is set by the Commission).
inter6sted
All citizens are invited to attend the public'
hearings and comment upon the proposed ordinance o~'
submit their comments in writing on or before the date of
these hearings to the Planning and Zoning Department..'.
For further information or to obtain a copy of the proposed
ordinance, please contact the Planning and Zoning
Department, City Hall, 100 N.W. 1st Avenue, Delray.
Beach, Florida 3,3~. ~. ~. (Phone 407/243-7040), between the
hours of 8:00 a.m. and 5:00 p.m., Monday through Friday,I-
excluding holidays. ,.
PLEASE BE ADVISED THAT IF A PERSON DECIDES
APPEAL ANY DECISION MADE BY THE CITY'
COMMISSION WITH RESPECT TO ANY MA'I-I'ER'
CONSIDERED AT THESE HEARINGS, SUCH PERSON'
MAY NEED TO ENSURE THAT A VERBATIM RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS TO BE BASED. THE CITY
DOES NOT PROVIDE NOR PREPARE SUCH RECORD.
PURSUANT TO F.S. 286.0105.
PUBLISH: Boca Raton News' CITY OF DELRAY BEACH
January 13,1998 Alison MacGregor Harty
January 28, 1998 Cib/_ Clerk
AD ~q70337
CITY OF DELRAY BEACH
NOTICE OF CONDITIONAL USE CHANGE
WITHIN THE CENTRAL BUSINESS (CBD) DISTRICT
The City Commission of the City of Delray Beach,
proposes to adopt the following ordinance:
Florida,
ORDINANCE NO. 8-98
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 DENSITIES IN EXCESS OF THIRTY (30) UNITS
PER ACRE AS A CONDITIONAL USE WITHIN CERTAIN SECTIONS OF THE
CENTRAL BUSINESS DISTRICT, SUBJECT TO SPECIFIED PERFORMANCE
STANDARDS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the
purpose of accepting public testimony regarding the proposed
ordinance. The first Public Hearing will be held on TUESDAY,
JANUARY 20, 1998, AT 7:00 P.M. (or at any continuation of such
meeting which is set by the Commission), in the Commission
Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida. If the ordinance is passed on first reading, a second
Public Hearing will be held on TUESDAY, FEBRUARY 3, 1998, AT 7:00
P.M. (or at any continuation of such meeting which is set by the
Commission).
Ail interested citizens are invited to attend the public hearings
and comment upon the proposed ordinance or submit their comments
in writing on or before the date of these hearings to the
Planning and Zoning Department. For further information or to
obtain a copy of the proposed ordinance, please contact the
Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue,
Delray Beach, Florida 33444 (Phone 407/243-7040), between the
hours of 8:00 a.m. and 5:00 p.m., Monday through Friday,
excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION
MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED
AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH
RECORD. PURSUANT TO F.S. 286.0105.
PUBLISH: The News CITY OF DELRAY BEACH
January 13, 1998 Alison MacGregor Harry
January 28, 1998 City Clerk
Instructions to Newspaper: This ad is not to be placed in the
legal ads/classified section of the newspaper. It must be at
least two standard columns wide and ten inches long. The entire
headline [NOTICE OF CONDITIONAL USE CHANGE WITHIN THE CENTRAL
BUSINESS (CBD) DISTRICT] must be an 18 point bold headline.
Thank you.
MEMORANDUM
TO:
FROM:
RE:
ALISON MACGREGOR HARTY, CITY CLERK
JASMIN ALLEN, PLANNER
PREPARATION OF ADVERTISEMENT FOR THE CITY
COMMISSION MEETING OF JANUARY 20, 1998
DATE: JANUARY 8, 1998
Please prepare the necessary advertisement for the following item.
1. Amendment to the Land Development Regulations Section 4.4.13(H)
allowing densities in excess of 30 units per acre in specified sections of
the central Business District (CBD) subject to certain performance
standards.
Thanks.