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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 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed.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 ~ AN O~DIN~NCE ~ TNE Cl~ ~MJSSION ~ ~E CI~ ~ J~CH, F~l~ ~DIFYNG ~E ~UNI~ ME~YELOP- ~NT P~N ~R THE CI~ ~L~AY ~EACH; FINDING THAT ~ THE ~UNITY RED~ELOP- FINDING T~T THE TI~S ARE ~SI~ENT WITH THE 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.