Delray Beach CRA studies accessory dwelling-unit rules amid pending state bill

Delray Beach Community Redevelopment Agency commissioners on March 25 discussed draft rules for accessory dwelling units in the West Settlers neighborhood, seeking direction on whether to limit ADUs to homesteaded properties, cap building height and require on-site parking.

Commissioners said the discussion matters because a pending state bill could remove local controls on ADU location and parking, forcing the city to adopt standards that manage size, height and neighborhood impacts.

The presentation, led by planning staff member Miss Ginoitis, described analyses by consultant Opticos that tested how detached and attached ADUs would fit on the neighborhood’s common lot sizes and block patterns. Ginoitis said, “Accessory dwelling units are have a lot of benefits to them,” and explained the consultant also tested cottage courts and other “missing middle” housing forms to balance scale and parking. She told the board the city’s code currently limits accessory buildings’ height so carriage-house configurations are often constrained.

Resident Cheryl Haywood raised concerns during public comment about a nearby parcel sold by Lake Ida Church of Christ, saying she could see the site from her home and asking whether Roosevelt Street access would be closed. Haywood said she worried about morning traffic and called for a possible traffic signal if ingress is altered: “I want you to think about, the ingress and egress that’s already there.” CRA staff responded that the purchase has not closed, a minor plat is scheduled for the city commission and unit counts have not been finalized.

Commissioners pressed three main policy questions for staff: should ADUs be limited to homesteaded properties; should a two‑story accessory structure be allowed behind a one‑story house; and how should parking be addressed. Several commissioners said they preferred a homestead requirement if legally possible; one commissioner said, “If we can't homestead it, I don't want to encourage developers or investors to come in and buy the home.” Another said two stories may be acceptable if the design includes ground‑floor parking to mitigate curb parking impacts.

Staff warned that the state House bill under consideration (referred to in the presentation as House Bill 247) appears likely to preempt the city’s ability to require homestead status or add parking requirements. Ginoitis recommended drafting local regulations that limit height and scale now, then removing provisions if preemption is imposed by the final state law. She noted the city could propose design rules that preserve neighborhood scale even if broader statewide rules take effect.

Commissioners asked staff to draft an ordinance emphasizing small scale and design controls — for example limiting ADU height to two stories in the rear and encouraging garages so cars are off the street — while monitoring the legislative outcome. Staff also noted several community suggestions from earlier outreach: some residents favored homestead limits to preserve oversight and curb Airbnb-style short-term rentals; others cited affordability concerns and suggested subsidies or construction assistance for homeowners who want to add ADUs.

CRA Executive Director Renee Jaddising highlighted a related point that the state statute currently defines ADUs as affordable units in some contexts; commissioners discussed whether local rules should require income‑restricted leases. Commissioners agreed to give staff direction to draft regulations that prioritize homesteaded-owner occupancy, limit height (two stories), consider requiring ground‑floor garage parking where feasible, and address short‑term rental risks — subject to legal review and final state action.

The board took no ordinance vote at the meeting; members provided direction to staff to prepare draft regulations for future adoption and to monitor the state bill’s final language.

The CRA also reported related planning and financing matters elsewhere in the meeting, including a staff update that the Northwest Neighborhood infrastructure project is estimated at about $8 million for construction and that staff are exploring bonding options to finance infrastructure and potential townhouse projects.

Looking ahead, staff said drafts will return for formal review following the state legislative session and legal analysis of preemption and enforceability.