Ord 03-08i,
ORDINANCE NO. 03-08
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING
ARTICLE 4.7, "FAMILY/WORKFORCE HOUSING", SECTION 4.7.1,
"DEFINITIONS", BY REPEALING SUBSECTION 4.7.1(C), "CARVER
ESTATES OVERLAY DISTRICT" AND ENACTING A NEW SUBSECTION
4.7.1(C), "CARVER ESTATES OVERLAY DISTRICT", AND AMENDING
SUBSECTION 4.7.1(L), "INFILL WORKFORCE HOUSING AREA", BY
REPEALING MAP 2 AND ENACTING A NEW MAP 2, TO PROVIDE FOR
EXPANSION OF THE CARVER ESTATES OVERLAY DISTRICT;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Boazd reviewed the
proposed text amendment at a public hearing held on December 17, 2007, and voted 5 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Article 4.7, "Family/Workforce Housing", Section 4.7.1, "Definitions",
Subsection 4.7.1(c), "Carver Estates Overlay District", of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby repealed
and a new Subsection 4.7.1(c), "Carver Estates Overlay District", is enacted to read as follows:
c. Carver Estates Overlay District -The azea shown on the map below.
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Section 3. That Article 4.7, "Family/Workforce Housing", Section 4.7.1, "Definitions",
Subsection 4.7.1(1), "Infill Workforce Housing Area", of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended
by repealing Map 2 and enacting a new Map 2 to read as follows:
ORD. NO. 03-OS
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Section 4. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declazed 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 declazed to be invalid.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 6. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regulaz session on second and final reading on this 15`h day
of January, 2008.
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ATTEST: MAYO R
City Clerk
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Second Reading ~ ~~ Q ZS
4 ORD. NO. 03-OS
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MEMORANDUM
TO: Mayor and City Commissioners
FROM: Ronald R. Hoggazd, Jr., AICP, Principal Planner
Paul Dorling, AICP, Director Planning and Zoning
THROUGH: City Manager
DATE: December 19, 2007
SUBJECT: AGENDA ITEM 12.A, - RF,GULAR COMMISSION MEETING OF JANUARY 3, 2008
ORDINANCE NO. 03-OS
ITEM BEFORE COMMISSION
Consideration of a privately initiated amendment to Land Development Regulations Article 4.7,
"Family/Workforce Housing", to expand the Carver Estates Overlay District.
BACKGROUND
On April 4, 2006, the City Commission adopted Ordinance No. 18-06 to expand the Family/Workforce
Housing Program by increasing the maximum density for the "Carver Estates Overlay District" from 12
units per acre to 24 units per acre and creating a new overlay district, the "Infill Workforce Housing
Area," with a maximum density of 18 units per acre.
On November 20, 2007, the City Commission adopted Comprehensive Plan Amendment 2007-2, which
included a privately initiated text amendment to amend the description of the Medium Density FLUM
designation to include the Cazver Estates Overlay District. The purpose of the text amendment was to
allow the overlay district to be expanded northwazd to include the southern half of Auburn Trace (an
existing multi-family residential development), where higher density is required to support
redevelopment. This area is currently located within the Infill Workforce Housing Area. The purpose of
the proposed LDR text amendment is to implement the adopted Comprehensive Plan amendment by
modifying two maps within Article 4.7, "Family/Workforce Housing" of the Land Development
Regulations. The first map, is in Subsection 4.7.1 (c) which depicts the Carver Estates Overlay District
and the second map, in Subsection 4.7.1 (I), depicts the Infill Workforce Housing Area.
REVIEW BY OTHERS
The text amendment was considered by the Planning and Zoning Board on December 17, 2007. No one
from the public spoke on the issue. The Board unanimously recommended approval on a 5 to 0 vote by
adopting the findings of fact and law contained in the staff report and finding that the amendment is
consistent with the Comprehensive Plan and meets criteria set forth in Section 2.45(M) of the Land
Development Regulations.
RECOMMENDATION
By motion, approve on first reading Ordinance No. 03-08 for a privately initiated amendment to Land
Development Regulations Article 4.7, "Family/Workforce Housing", Section 4.7.1, "Definitions",
Subsections 4.7.1(c), "Carver Estates Overlay District" and 4.7.1(1), "Infill Workforce Housing Area",
amending the maps for the Carver Estates Overlay District and the Infill Workforce Housing Area, by
adopting the findings of fact and law contained in the Staff Report and finding that the amendment is
consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.45(M)(5) of the
Land Development Regulations.
ORDINANCE NO. 03-08
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING
ARTICLE 4.7, "FAMILY/WORKFORCE HOUSING", SECTION 4.7.1,
"DEFINTTIONS", BY REPEALING SUBSECTION 4.7.1(C), "CARVER
ESTATES OVERLAY DISTRICT" AND ENACTING A NEW SUBSECTION
4.7.1(C), "CARVER ESTATES OVERLAY DISTRICT", AND AMENDING
SUBSECTION 4.7.1(L), "INF[LL WORKFORCE HOUSING AREA", BY
REPEALING MAP 2 AND. ENACTING A NEW MAP 2, TO PROVIDE FOR
EXPANSION OF THE CARVER ESTATES OVERLAY DISTRICT;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on December 17, 2007, and voted 5 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE 1T ORDAINED BY THE CITY COMMISSION OF THE
C1TY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section I . That the recitations set forth above are incorporated herein.
Section 2. That Article 4.7, "Family/Workforce Housing", Section 4.7.1, "Definitions",
Subsection 4.7. I (c), "Carver Estates Overlay District", of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby repealed
and a new Subsection 4.7.1(c), "Carver Estates Overlay District", is enacted to read as follows:
c. Carver Estates Overlay District -The area shown on the map below.
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Section 3. That Article 4.7, "Family/Workforce Housing", Section 4.7.1, "Definitions",
Subsection 4.7.1(1), `9nfill Workforce Housing Area", of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended
by repealing Map 2 and enacting a new Map 2 to read as follows:
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3 ORD. NO. 03-08
Section 4. 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 par[ declared to be invalid.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 6. 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
day of , 200_
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
4 ORD. NO. 03-08
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING DATE: DECEMBER 17, 2007
AGENDA NO: IV. D.
AGENDA ITEM: CONSIDERATION OF A PRIVATELY INITIATED AMENDMENT TO
LAND DEVELOPMENT REGULATIONS ARTICLE 4.7 "FAMILY /
WORKFORCE HOUSING", EXPANDING THE CARVER ESTATES
OVERLAY DISTRICT.
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City Commission
regarding a privately initiated amendment to Land Development Regulations Article 4.7, "Family/
Workforce Housing", to expand the Carver Estates Overlay District.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
BACKGROUND/ANALYSIS
The Family/Workforce Housing Ordinance, adopted by the City Commission on December 6,
2004, included incentives to provide workforce housing by allowing density bonuses within the
Southwest Neighborhood Overlay District. On April 4, 2006, the City Commission adopted
Ordinance No. 18-06, to expand the Program by providing additional opportunities and
incentives for the provision of workforce housing. These modifications included an increase in
the maximum density for the "Carver Estates Overlay District" from 12 units per acre to 24 units
per acre and the creation of a new overlay district, the "Infill Workforce Housing Area," with a
maximum density of 18 units per acre.
On November 20, 2007, the City Commission adopted Comprehensive Plan Amendment 2007-
2, which included a privately initiated text amendment to expand the Carver Estates Overlay
District by amending the description of the Medium Density FLUM designation to include the
Overlay District. The expanded overlay district now includes the southern half of Auburn Trace
(an existing multi-family residential development), where the higher density is required to
support redevelopment. This project is part of a large scale private sector redevelopment
initiative that will have a major effect on the stabilization and revitalization of the entire
neighborhood; provide much needed workforce housing; and become a catalyst for additional
redevelopment.
The purpose of the proposed LDR text amendment is to implement the adopted Comprehensive
Plan amendment. The text amendment consists of amending two maps within LDR Section
4.7.1, "Definitions." The first map, shown below, is in Section 4.7.1 (c) which depicts the Carver
Estates Overlay District and the second map, in Section 4.7.1 (I), depicts the Infill Workforce
Housing Area. The amended maps, attached to this staff report, involve moving a portion of the
Infill Workforce Housing Area into the Carver Estates Overlay District.
IV.D.
Planning and Zoning Board Memorandum Staff Report, December 17, 2007
Amendment to LDRs to Expand the Carver Estates Overlay District
Page 2
REQUIRED FINDINGS
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LDR Section 2.4.SIM)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in
addition to LDR Section 1.1.1i(A), the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
Comprehensive Plan Policies:
The goals, objectives and policies of the Comprehensive Plan were reviewed and the following
applicable objectives and policies were noted:
Future Land Use Element Objective A-7: To encourage the provision of workforce housing in
the City, the following policies shall be implemented.
Policv A-7.1: The maximum density may be increased within the Medium Density, General
Commercial and Transitional Future Land Use designations through the Workforce Housing
"Density Bonus Program". The concept is that for every workforce housing unit that a developer
builds, a calculated number of market rate units greater than would be allowed otherwise may
6e built.
Policv A-7.2: Workforce Housing Overlay Districts shall be identified on the Future Land Use
Map. The maximum density within these districts shall be as follows:
• The MROC (Mixed Residential Office Commercial) zoning district shall have a maximum
density of 40 units per acre except within the Tri-rail Station Overlay where the maximum
density is 50 units per acre.
The Southwest Neighborhood and Carver Estates Overlay Districts shall have a
maximum density of 24 units per acre.
• The I-95/CSX RR Corridor Overlay District shall have a maximum of 24 units per acre.
• The SW 10`h Street Overlay District shall have a maximum density of 12 units per acre.
Planning and Zoning Board Memorandum Staff Report, December 17, 2007
Amendment to LDRs to Expand the Carver Estates Overlay District
Page 3
• The Four Corners Overlay District shall have a maximum density of 30 units per acre.
• All other Overlay Districts shall have a maximum density of 18 units per acre.
The proposed amendment will further these policies by supporting expansion of the
Workforce Housing Program. The goal of this program is to encourage the provision of
housing which is affordable to very low to moderate income households. Based on the
above, a positive finding can be made that the amendment is consistent with and furthers
the Goals, Objectives, and Policies of the Comprehensive.
REVIEW BY OTHERS
The Community Redevelopment Agency (CRA) reviewed the amendment at their December
13, 2007 meeting and recommended approval.
Courtesv Notices:
Courtesy notices were provided to the following homeowner and civic associations:
• Neighborhood Advisory Council
Letters of objection and support, if any, will be provided at the Planning and Zoning Board
meeting.
ASSESSMENT AND CONCLUSION
The purpose of this privately initiated LDR text amendment is to implement a text amendment
adopted as part of Comprehensive Plan Amendment 2007-2, which expands the Carver Estates
Overlay District to the north. Positive findings can be made with respect to LDR Section
2.4.5(M)(5).
RECOMMENDED ACTION
Move a recommendation of approval to the City Commission for a privately initiated amendment
to Land Development Regulations Article 4.7 "Family /Workforce Housing", Subsection 4.7.1,
"Definitions" amending the maps for the Carver Estates Overlay District and the Infill Workforce
Housing Area, by adopting the findings of fact and law contained in the Staff Report and finding
that the request is consistent with the Comprehensive Plan and meets the criteria set forth in
LDR Section 2.4.5(M)(5).
Attachments:
• Carver Estates Overlay District Map
• Infill Workforce Housing Area Map
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CITY OF DELRAY BEACH
NOTICE OF PROPOSED
AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS TO
PROVIDE FOR EXPANSION OF THE
CARVER ESTATES OVERLAY
DISTRICT
The City Commission of the City of Delray Beach, Florida, proposes to adopt
the following ordinance:
ORDINANCE N0.03"OS
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS
OF THE CODE OF ORDINANCES, BY AMENDING ARTICLE 4.7,
"FAMILYIWORKFORCE HOUSING", SECTION 4.7.1, "DEFINITIONS", BY
REPEALING SUBSECTION 4.7.1{C}, "CARVER ESTATES OVERLAY
DISTRICP AND ENACTING A NEW SUBSECTION 4.7.1(C), "CARVER
ESTATES OVERLAY DISTRICT", AND AMENDING SUBSECTION 4.1.1(L),
"INFILL WORKFORCE HOUSING AREA°, BY REPEALING MAP 2 ANp
ENACTING A NEW MAP 2, TO PROVIDE FOR EXPANSION OF THE
CARVER ESTATES OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE,
AGENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
The City Commisson will conduct two (2) Public Hearings for the puryose of
acceptlrg public testimony regarding the proposed ordinance. The first Public
Hearing will be heW on THURSDAY. JANUARY 3.2008. AT 7.00 PM in the
Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida. If the proposed ordinance is passed on first reading, a second Public
Hearing will be held on TUESDAY. JANUARY 15 2008 AT T00 PM (or at
any conOnuation of such meeting which is set by the Commission) in fhe
Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida
All interested citizens are invited to attend fhe public hearings and comment
upon the proposed oMinance or submit their comments in writing on or before
the date orlhese hearings to the Planning and Zoning Department Forfurther
information or to obtain a copy of the proposed ordinance, please contact the
Planning and Zoning Department, C@y Hall, 100 N.W. 1st Avenue, Delray
Beach, Florida 33444 (email at pzmail@mydelraybeach.com) or by calling
561!243-7040), between the trours 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 fhe
Cily 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 rewrd pursuant to F.S. 286.0105,
CITY OF DELRAY BEACH
Chevelle D. Nubin, CMC
Cdy Clerk
PUBLISH: Tuesday, December 25, 2001
Tuesday, January 8, 2008
Boca Raton/Delray Beach News
CC : ~.a,He (c~ a.
CITY OF DELRAY BEACH
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NOTICE OF PROPOSED
AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS TO
PROVIDE FOR EXPANSION OF THE
CARVER ESTATES OVERLAY
DISTRICT
The City Commission of the City of Delray Beach, Florida, proposes to adopt
thefollovnng ordinance:
ORDINANCE N0.03.OS
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS
OF THE CODE OF ORDINANCES, BY AMENDING ARTICLE 4.7,
"FAMILYANORKFORCE HOUSING", SECTION 4.7.1, "DEFINITIONS", BY
REPEALING SUBSECTION 4.7.t(C), `CARVER ESTATES OVERLAY
DISTRICT" AND ENACTING A NEW SUBSECTION 4.7.1(C), "CARVER
ESTATES OVERLAY DISTRICT", AND AMENDING SUBSECTION 4.7.1(L),
"INFILL WORKFORCE HOUSING AREA°, BY REPEALING MAP 2 AND
ENACTING A NEW MAP 2, TO PROVIDE FOR EXPANSION OF THE
CARVER ESTATES OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct fwo (2} Public Hearings for the purpose of
accepting public lesOmony regarding the proposed ordinance. The first Public
Hearing will be held on THURSDAY JANUARY 3.2008 AT 7:00 P.M in the
Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida. If the proposed ordinance is passed on first reading, a second Public
Hearing will be held on TUESDAY. JANUARY 15 2008. AT 7.00 P M (or at
any wntinua6on of such meeting which is set by the Commission) in the
Commission Chambers at City Hall, 1W N.W. 1st Avenue, Delray Beach,
Florida.
All interested citizens are invited to attend the public hearings and comment
upon the proposed odinance 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 fhe proposed ordinance, please contact the
Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray
Beach, Florida 33444 (email at pzmail@mydelraybeach.com) or by calling
5611243-7040), 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 matterconsidered atthese 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.
CITY OF DELRAY BEACH
Chevelle D. Nubin, CMC
City Cler+
PUBLISH: Tuesday, December 25, 2007
Tuesday, January 8.. 2008
Soca RatonlDelray Beach News
CC ~. ~ahe(da-~