Loading...
Ord 04-08`. '1 ORDINANCE N0.04-08 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 SECTION 4.4.19, "MD~D INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT", SUBSECTION 4.4.19(A), "PURPOSE AND INTENT", TO CLARIFY THAT RESIDENTIAL USES ARE PERMITTED ONLY WITHIN THE I-95/CSX RAILROAD CORRIDOR 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(4xc), the Planning and Zoning Board, sitting as the Local Pianning 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 Tf ORDAINED BY THE CITY COMMISSION OF THE CTTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.19, "Mixed Industrial and Commercial (MIC) District", Subsection 4.4.19(A), "Purpose and intent", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (A) Purpose and Intent: The Mixed Industrial and Commercial (MIC) District is created in order to provide for a mix of industrial, commercial, and office use in a single zone district. The uses allowed are intended to enhance employment opportunities in the industrial, manufacturing and trade sectors, with supporting business and professional office functions. Retail uses aze appropriate on a limited basis, and only as a secondary use within the district. Residential uses may also be permitted as a conditional use within the I-95/CSX Railroad Corridor Overlay District, provided at least 25% of the units aze workforce housing units which comply with the provisions of Article 4.7, "Family/Workforee Housing." The maximum density is twenty-four (24) units per acre. The actual density will be based upon the development's ability to achieve the performance standards of Section 4.4.6(I). The MIC District is to be located in azeas designated for the primary use -industry and commerce - as shown on the Future Land Use Map. 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. 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 the 15'" day of January, 2008. ATTEST: City Clerk First Readin ~ ~ ~~ Second Readin `j ~ ~~ ~~ MAYOR ORD. N0.04-08 iJ 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.D. -REGULAR COMMISSION MEETING OF JANUARY 3, 2008 ORDINANCE N0.04-08 ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations to clarify that residential uses within the Mixed Industrial and Commercial (MIC) zoning district are permitted only within the I-95/CSX Railroad Corridor Overlay District. BACKGROUND On March 20, 2007, the City Commission adopted Ordinance No. 10-07, amending [he Land Development Regulations to expand the Family/Workforce Housing program by creating an additional workforce housing overlay district. The new I-95/CSX Railroad Corridor Overlay District, located on Depot Road, between I-95 and the CSX Railroad, allows residential uses up to 24 units per acre, subject to conditional use approval. The Ordinance included modification of the "Purpose and Intent" section of the MIC zoning district to add residential uses within the district. However, since adoption of the amendment, there has been some confusion as to where residential uses may be located within the zoning district. The purpose of the proposed amendment, is to clazify that they are permitted only within the I-95/CSX Railroad Corridor Overlay District. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Boazd on December 17, 2007. No one from the public spoke on the issue. The Boazd 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 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance No. 04-08 for aCity-initiated amendment to the Land Development Regulations Section 4.4.19, °Mixed Industrial and Commercial (MIC) District", Subsection 4.4.19(A) "Purpose and Intent", to provide clarification that residential uses within the MIC zoning district are permitted only within the I-95/CSX Railroad Corridor Overlay District, 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 2.4.5(M) of the Land Development Regulations. ORDINANCE N0.04-08 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 SECTION 4.4.19, "MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT", SUBSECTION 4.4.19(A), "PURPOSE AND INTENT", TO CLARIFY THAT RESIDENTIAL USES ARE PERMITTED ONLY WITHIN THE I-95/CSX RAILROAD CORRIDOR 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 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 Section 4.4.19, "Mixed Industrial and Commercial (MIC) District", Subsection 4.4.19(A), "Purpose and Intent", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (A) Purpose and Intent: The Mixed Industrial and Commercial (MIC) District is created in order to provide for a mix of industrial, commercial, and office use in a single zone district. The uses allowed are intended to enhance employment opportunities in the industrial, manufacturing and trade sectors, with supporting business and professional office functions. Retail uses are appropriate on a limited basis, and only as a secondary use within the district. Residential uses may also be permitted as a conditional use within the I-95/CSX Railroad Corridor Overlay District, provided at least 25% of the units are workforce housing units which comply with [he provisions of Article 4.7, "Family/Workforce Housing." The maximum density is twenty-four (24) units per acre. The actual density will be based upon the development's ability to achieve the performance standards of Section 4.4.6(1). The MIC District is to be located in areas designated for the primary use -industry and commerce - as shown on the Future Land Use Map. 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. 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 City Clerk First Reading Second Reading MAYOR 2 ORD. NO. 04-08 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: DECEMBER 17, 2007 AGENDA NO: IV. E. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRS), SECTION 4.4.19 "MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT", SUBSECTION 4.4.19(A) "PURPOSE AND INTENT", TO CLARIFY THAT RESIDENTIAL USES ARE PERMITTED ONLY WITHIN THE I-95/CSX RAILROAD CORRIDOR OVERLAY DISTRICT. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding a City-initiated amendment to the Land Development Regulations to clarify that residential uses within the Mixed Industrial and Commercial (MIC) zoning district are permitted only within the 1- 95/CSX Railroad Corridor 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. BACKGROUND7ANALYSIS On March 20, 2007, the City Commission adopted Ordinance No. 10-07, amending the Land Development Regulations to expand the Family/Workforce Housing program by creating an additional workforce housing overlay district. The new I-95/CSX Railroad Corridor Overlay District, located on Depot Road, between I-95 and the CSX Railroad, allows residential uses up to 24 units per acre, subject to conditional use approval. The Ordinance included modification of the "Purpose and Intent" section of the MIC zoning district to add residential uses within the district. However, since adoption of the amendment, there has been some confusion as to where residential uses may be located within the zoning district. The purpose of the amendment, now before the Board for action, is to clarify that they are permitted only within the I-95/CSX Railroad Corridor Overlay District. The amended "Purpose and Intent" section is to read as follows: "The Mixed Industrial and Commercial (MIC) District is created in order to provide for a mix of industrial, commercial, and office use in a single zone district. The uses allowed are intended to enhance employment opportunities in the industrial, manufacturing and trade sectors, with supporting business and professional office functions. Retail uses are appropriate on a limited basis, and only as a secondary use within the district. Residential uses may also be permitted as a conditional use within the I-95/CSX Railroad Corridor Overlay District, provided at least 25% of the units are workforce housing units which comply with the provisions of Article 4.7, "Family/Workforce Housing." The maximum density is twenty-four (24) units per acre. The actual density will be based upon the development's ability to achieve the performance standards of Section 4.4.6(1). The MIC District is to be located in areas designated for the primary use -industry and commerce - as shown on the Future Land Use Map." REQUIRED FINDINGS LDR Section 2.4.SfM1f5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text IV. E. Planning and Zoning Board Memorandum Staff Report, December 17, 2007 Amendment to LDRs Pertaining to Workforce Housing Program - I-95/CSX Railroad Corridor Page 2 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 be 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`" Street Overlay District shall have a maximum density of 12 units per acre. • 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. While this amendment is corrective, it's inclusion in the LDRs is a necessary part of the overall implementation of the City's Family/Workforce Housing Program, which furthers this objective and policies. '' ASSESSMENT AND CONCLUSION The purpose of this City-initiated LDR text amendment is to modify the "Purpose and Intent" section of the Mixed Industrial and Commercial (MIC) zoning district to allow the section to be interpreted as it was intended, by providing clarification that residential uses within the MIC zoning district are permitted only within the I-95/CSX Railroad Corridor Overlay District. Positive findings can be made with respect to LDR Section 2.4.5(M)(5). RECOMMENOEO ACTION Move to recommend to the City Commission approval of aCity-initiated amendment to the Land Development Regulations (LDRs), Section 4.4.19, "Mixed Industrial and Commercial (MIC) District", Subsection 4.4.19(A) "Purpose and Intent", to provide clarification that residential uses within the MIC zoning district are permitted only within the I-95/CSX Railroad Corridor Overlay District, 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 criteria set forth in Section 2.4.5(M) of the Land Development Regulations. s:\planning & zoning\boards\p&z board\Idr text amendment workforce housing i-95-csx corridor2.doc ~~ ~. ~r.Wtecdo~ CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO CLARIFY THAT RESIDENTIAL USES ARE PERMITTED ONLY WITHIN THE I.95ICSX RAILROAD CORRIDOR OVERLAY DISTRICT The City Commission of the City of Delray Beach, Florida, proposes to adopt the folbwing ordinance: ORDINANCE N0.04-08 AN ORDINANCE OF THE CITY COMMISSI~J OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.19, "MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT", SUBSECTION 4.4,19(A), °PURPOSE AND INTENT", TO CLARIFY THAT RESIDENTIAL USES ARE PERMITTED ONLY WffHIN THE I-95/CSX RAILROAD o CORRIDOR OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. 3 w The City Commission will conduct two (2) Public Hearings for the purpose of a accepting public testimony regarding the proposed ordinance. The first Public Hearing will tie 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, o Florida. If fhe proposed ordinance is passed on first reaming, a second Public ° Hearing will be heM on TUESDAY. JANUARY 15. 2008. AT 7:00 P M. (or at N any continuation of such meefing which is set by the Commission) in the N Commissior Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, ~ Florida. E All interested citizens are invited to attend the public hearings and comment ~ upon the proposed ordinance or submit their comments in wd5ng on or before A a the date of these hearings to the Planning and Zoning DepanmeM. For further information or to obtain a copy of the proposed ordinance, please contact the v Planning and Zoning 6epartment, City Hali, 100 N.W. 1st Avenue, Delray T Beach, Fbdda 33444 (email at pzmaii@mydelraybeach.com) or by calling a 5 6 11243-7 04 0), between the hours of 8:00 a.m. and 5:W p.m., Monday through Friday, excluding holidays. Please be advised that'rf a person decides to appeal any decision made by the z Ciry Commission with respect to any matter considered at these hearings, such L person may need to ensure that a verbatim record includes the testimony and m evidence upon which the appeal is to be based. The City does not provide rror prepare such record pursuant to F.S. 286.0105. d e 0 ~ ( CITY OF DELRAY BEACH o Chevelle D. Nubin, CMC m City Gerk PUBLISH: Tuesday, December 25, 2007 Tuesday, January 8, 2006 Boca RatoNDelray Beach News a E 0 u 3 c m 0 m °o N it i? T v 3 T F N 3 v z m d 0 2 0 m rr m° CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO CLARIFY THAT RESIDENTIAL USES ARE PERMITTED ONLY WITHIN THE I-95/CSX RAILROAD CORRIDOR OVERLAY DISTRICT The City Commission of the City of DeUay Beaoh, Florida, proposes to adapt the folbwing ordinance: ORDINANCE N0.04.08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATfONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.19, "MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT", SUBSECTION 4.4.19(A), "PURPOSE AND INTENT', TO CLARIFY THAT RESIDENTIAL USES ARE PERMITTED ONLY WITHIN THE I-951CSX RAILROAD CORRIDOR OVERLAY DISTRICT, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER 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 Headng 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 frst reading, a second Public Hearing will be held on TUESDAY. JANUARY 1,5 2008 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. 151 Rvenue, Delray Beach. Florida. All interested citizens are invited to attend [he public hearings and comment upon the proposed ordinance or submit their comments in writing on or before the date of these headngs 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 Avonue, Delray Beach, Florida 33444 {email at pzmail@mydelraybeach.com) or by calling 561!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 matterconsidered atthese headngs, such person may need to ensure that a verbatim recoN 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, CPdC City Clerk PUBLISH: Tuesday, December 25, 2007 Tuesday, January 8, 2008 Boca Raton/Oelray Beach News c c r. h a,~,~~da~ 0 0 c w 3 T A v N r CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS RELATED TO THE NEGLECT OR DEMOLITION OF INDIVIDUALLY DESIGNATED STRUCTURES ANDIOR STRUCTURES LOCATED WITHIN A HISTORIC DISTRICT AND PROVIDING FOR ENFORCEMENT AND PENALTIES The Cfty Commisson of the Ciry of Delray Beach. Florida, proposes to adopt the following ordinance: ORDINANCE NO 5507 AN ORDINANCE OF THE CITY COMP,IISSION OF THE CITY OF DELRAY BEACH. FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF TtiE CITY OF DELRAY BEACH eY AMENDING SECTIONS 1.4.3, "ENFORCEMENT" AND 144, "PENALTY", PROVIDING THAT NEGLECT SHALL CONSTITUTE A NUISANCE AND PROVIDING FOR ENFORCEbtENT AND PENALTIES: Ah-1ENDING SECTION 2.26, `THE HISTORIC PRESERVATION BOARD", SUBSECTION 22.6(C), `AIEETINGANO QUORUM", PROVIDING FOR VOTING; AND AMENDING SUBSECTION 2.2.6{D),'DUTIESAHD RESPONSIBILITIES", PROVIDING FOR EXPRESS AUTHORITY FOR THE HISTORIC PRESERVATION BOARD TO APPLY THE HISTORIC COPAPATIBIUTY REGULATIONS; SUBSECTION 4.6.1(E), 'DEVELOPMENT STANDARDS", SUBSECTION 4.5.1 (Ej{6), "DEMOLITION", AND 4.6.1(F}, "RESTRICTIONS ON DEPAOLI'fIONS", PROVIDING REQUIREMENTS FOR THE APPLICATION AND APPROVAL FOR DEMOLITION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE The City Canmssion will conduct two (2j Public Hearings for the puryose of acceDlhg public testimony regarding the proposed odinance. The frst Public Hearing will be held on rNnvcnav JANUARY 3 2008 AT T00 P M in the Commission Chambers at CAy Hall, 100 N YV. 7 st Avenue, Delray Beach, Fbnda. If the prorosed ordinance is passed on first reading, a second Public Nearing will be held on TUESDAY JANUARY 15 2008 AT T00 P M (or at any continuetan of such meeting which a set by the Commisson? In the Commission Chambers at CRy Ha11, 100 N1V. 1st Avenue, Dehay Beach, Florida.. All interested citizens are invited to attend Ne public Hearings and comment upon Ue proposed ordinance or submit their wmments 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 lne Planning and Zoning Department, Ciry Hah.100 N.W /sLAVenue, Delray Beach, Florida 33444 (email at pzmail~mydelraybeachmm) or by ca8irg 56112 4 3-7 04 01, between the hours of 8 W a.m. and 5:00 p.m., Monday through Friday, excluding holidays. please be advised that'rf a person deciCes ro appeal any decision made by the Cdy Commissiot wish respect to any matter considered al these hearings, such person may need to ensure Mat a vedutim recoN includes the testimony and evidence upon which the appeal is to be hosed. The City does not provide nor prepare such record pursuant m F S. 286 0105. CITY OF DELRAY BEACH Chevelle D. NuOin. CMC C8y Gerk PUBLISH: Tuesday, December 25.2007 tuestlay. January 8.. 209P. Boca Raton!Delray Beach News C c ; ~-.a,+~-e(d aJ