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
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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.
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~ ( 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
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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
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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
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