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Ord 01-10
ORDINANCE NCt. 01-10 AN ORDINANCE OF THE CITY COIvIMiSSiON OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTIONS 4.4.1, "AGRICULTURE {A} ZONE DISTRICT, SUBSECTION {B}"; 4.4.2, "RURAL RESIDENTIAL {RR} ZONE DISTRICT", SUBSECTION {B}; 4.4.3, "SINGLE FAMILY RESIDENTIAL {R-1} DISTRICTS", SUBSECTION {B}; 4.4.5, "LOW DENSITY RESIDENTIAL {RL} DISTRICT", SUBSECTION {B}; 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT {PRD} DISTRICT", SUBSECTION {B}; 4.4.13, "CENTRAL BUSINESS {CBD) DISTRICT", SUBSECTION {B}; 4.4.17, "RESIDENTIAL OFFICE {RO} DISTRICT", SUBSECTION {B}; 4.4.21, "C014iMUNTTY FACILITIES {CF} DISTRICT", SUBSECTION {B}; 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT {OSSHAD}", SUBSECTION {B}, IN ORDER TO CLARIFY THE ZONING DISTRICTS IN ~'IHICH ASSISTED LIVING FACILITIES ARE r.r.OWED AS PERMITTED USES; AMENDING SECTION 4.6.9 "OFF-STREET PARKING REGULATIONS", SUBSECTION {C}, TO CLARIFY THE PARKING REQUIREMEN'T'S FOR ASSISTED LIVING FACILITIES, AND AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE UPDATED DEFINITIONS FOR ASSISTED LIVING FACILITY AND CONTINUING CARE FACILITY"; 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 November 16, 2009 and voted 7 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 4.4.1, "Agriculture Zone District (A)", 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: (B) Principal Uses and Structures Permitted; The following types of use are allowed within the (A) District as a permitted use: (1} The conduct of agricultural operations such as; crop lands, poultry, dairies, grazing lands, flower growing and fruit, citrus, and orchard groves; and structures normally associated there with such as: barns, chicken coops, drying sheds, faarmhouses, greenhouses. (2} Horse Ranches, Horse Boarding Stables, Riding Stables and Academies; and structures normally associated there with such as: stables and training facilities. (3} Single family detached dwellings. (4} Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3{I}. (5} Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3 {lH[H). (6} Assisted Living Facilities. cti n 3. That Section 4.4.2, "Rural Residential {1~.R-) Zane District", Subsection (B), 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: (B} Principal Uses and Structures Permitted: The following types of use are allowed within the (RR} District as a permitted use: (1} Single family detached dwellings. {2) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1). {3} Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3 {HH}. 4 Assisted Livin Facilities. Section 4. That Section 4.4.3, "Single Family Residential (R-l} Districts", Subsection (B}, of the Land Development Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, be and the same is hereby amended to read as follows: 2 ORD. T*~IO.01-1Q {B} Principal Uses and Structures Permitted: The following types of use ate allowed within the Single Family Districts as a permitted use: {1} Conventionally sited single family detached residences, {2} Group Home, `T'ype 1, pursuant to restrictions set forth in Section 4.3.3{I}. {3} Parking lots not associated with a use, pursuant to an adopted neighborhood ar redevelopment plan. {4} Pocket parks. {5} Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3 {HH}. (6} _ Assisted Living Facilities. Section 5. That Section 4.4.5, "Low Density Residential {RL} District", Subsection {B}, 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 (allows; {B} Principal Uses and Structures Permitted: The following types of use ate allowed within the {RL} District as a permitted use: {1} Single family detached dwellings. {2} Duplex structures. {3} Multiple family structures. {4} Group Hame, Type 1, pursuant to restrictions set Earth in Section 4.3.3{1}, {5} Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. {6} Packet parks. {7} Public educational facilities of The School Distract of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3 {HH}. {$~ Assisted Living Facilities. Section 6. That Section 4.4.7, "Planned Residential Development {pRD} District", Subsection {B}, 3 ORD. NO.O]-10 II 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; {B) Principal Uses and Structures Permitted: The following types of use are allowed within the {PRD} District as a permitted use: {1} Single family detached dwellings whether conventional or zero lot line design {~) Duplex structures (3) Multiple Family structures {4} Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3,3 {HH}. ~5) Assisted Living Facilities. Section 7. That Section 4.4.13, "Central Business (CBD} District", Subsection (B}, 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: (B} Principal Uses and Structures Permitted: The following types of use are allowed within the CBD District as a perntted use: (1} General retail uses including, but not limited to: {a} Antiques, arts and crafts, automotive parts, baked goads, books, carpet and floor covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and slipcovers, medicines and prescriptions, electrical fixtures and supplies, fabrics, fish, flowexs and plants, fruits and vegetables, food, garden supplies, gifts, glassware, hardware and paints, home fiarnishings, ice cream, lawn care equipment, leather goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office fiarniture equipment and supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods, toys, wearing apparel and accessories, appliances, bicycles, business machines, jewelry. {2} Business and professional uses pursuant to restrictions set forth in Section 4.4.13{H){1} including, but not limited to: (a) Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, professional offices. 4 ORD. NO.OI-10 (3) Services and facilities including, but not limited to: {a) Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on-site processing for customer pickup only, dry cleaning and laundry pickup stations, laundromats limited to self-service facilities, pet grooming, restaurants excluding drive-in and drive-through, outdoor cafes, tailoring, tobacconist, vocational schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate-judo, small item repair, and rental of sporting goods and equipment (such as but not limited to bicycles, skates, boogie boards), {b) Galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms and clubs, museums, libraries, newsstands, commercial or public parking lots and parking garages. (c) Public open space plazas {4) Multi-family dwelling units, excluding duplexes, up to a maximum density of thirty {30) units per acre except for the West Atlantic Neighborhood or Beach District, where the maximum density is twelve {12) dwelling units per acre. {5) Hotels, motels, bed and breakfast inns, and residential-type inns except in the West Atlantic Neighborhood. (6) Assisted Living Facilities and Continuing Care Facilities, up to a maximum density of tl:i~x~_ (30) units Per acre except for the West Atlantic Neighborhood or Beach District. where the maximum density is twelve {12) dwelling units per acre. Section 8. That Section 4.4.17, "Residential Office {RO) District", Subsection (B), of the Land Development Regulations of the Code of Qrdinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the Rfl District as a permitted use: {1) Single family detached dwelling units. {2) Duplex structures. {3) Business and professional offices. (4) Abused spouse residence }.united to forty {40) or fewer residents. {5) Funeral parlors, funeral homes. 5 C-RD. NQ. 01-10 {6) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. {7} Group Home, Type 1, pursuant to restrictions set Earth in Section 4,3.3(1}. {8) Assisted Living_Facilities. Section ~}. That Section 4.4.21, "Community Facilities {CF} District", Subsection {B), 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: (B) Principal Uses and Structures Allowed: The following types of use are a]Iowed within the CF District as a permitted use: {1} Governmental, such as: civic centers, courts, courthouses, temporary holding facilities, fire stations, governmental offices, public health. facilities, law enforcement offices and facilities, past offices, public utility facilities {e.g. lift stations), water storage tanks, water treatment plants, watex wells, wastewater treatment plants, drainage facilities. (2) Community, such as: civic centers, community centers, community theater, cultural facilities and auditoriums, arts and crafts centers, libraries, museums, public parking lots and garages. {3) Recreation, such as: community centers, tennis centers, swimrsLng centers. {4} Services, such as: abused spouse residences, child care centers, day care centers. (5) Religious, such as: churches and places of worship with attendant uses of day care, pre-school, educational facilities, and with other norrnal educational (Sunday school) and recreational facilities, and support facilities (e.g,, parsonage). {6) Restricted usage a]lowed pursuant to an ordinance enacted to sever developments rights under a Transfer of Developments {I'DR). {See Section 4.6.20). (7} Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3 (HH}. {$) Clubs and Lodges provided that alcoholic beverages shall not be served ar consumed on the property. {9} Assisted Ziving Facilities and Continuing Care Facilities subject to the requirements of_the RM District except for setback and he~ht requirements which shall be pursuant to this Section. 6 ORD. NO.01-10 Section 14. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection {B), of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same its hereby amended to read as follows: {B} Principal Uses and Structures: The following types of uses are allowed within the OSSHAD as a permitted use: (1) Single family detached dwellings, {2) Duplex structures. {3) Business, Professional, Medical and Governmental Offices. {4) Retail sales through specialty shops {single purpose businesses) such as: bath shops, book stores, gift shops, Ilorists, hobby shops, kitchen shops, boutiques, bicycle shops, excluding liquor stores, convenience stores and drug stores. (5} Arts related businesses such as craft shops, galleries, and studios within which is conducted the preparation of, display of, andjor sale of art products such as antiques, collectibles, custom apparel, jewelry, paintings, photography, picture framing, pottery, sculpture, stained glass. (6) Educational and/ar Instructional activities including training, vocational, or craft schools, the arts, personal development, and libraries, museums, and social and philanthropic institutions. (7} Restaurants of a sit down nature such as a cafe, snack shop, full service dining but excluding any drive-ux andjor drive-through facilities or features. cosmetologists. (8} Providing of personal services such as barbershops, beauty shops, salons, (9) Bed and Breakfast Inns. (14} Catering services not associated with a restaurant, subject to the special regulations of Section 4.4,24{H). (11} Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3{I}. {12) Within the following described areas, the uses allowed as permitted uses in Section 4.4.13{8) pursuant to the base district and special regulations of the Central Business District regulations shall also be allowed in the OSSHAD: (a) Lots 13-16, Block G4 7 ORD. N0.41-14 {b) Lots 1- 4, Block G1 {c) Lots 1- 7 and 19-24, Black G9 {d) Lots 7- 8, and the South 34.75 feet of Lot G, Block 75; and {e) Lots 1- G, Block 7G X13) Assisted Living Facilities. ection 11. That Section 4.G.9, '"Off- Street Parking Regulations"' Subsection {C){2), 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: {2) Requirements for Residential Uses: {a) Single Family Detached Residences including Assisted Living Facilities: -- two spaces per dwelling unit. Tandem parking may be used provided that in the Single Family (R.-1 District) or RL District, no required parking space may be located in a required front or street side setback. {b) I?uplexes, including Assisted Living Facilities: -- two spaces per dwelling unit. Tandem parking may be used provided that such parking does not result in the space for one unit impeding access to a space of the other unit. Further, curb cuts or direct access from parking areas onto a street shall not exceed 24" in width, {c) Multiple Family Structures, includin~* Assisted Living Facilities: * Efficiency dwelling unit 1.0 space/anit '~ One bedroom dwelling unit 1.5 spaces/unit * Two or more bedroom d.u. 2,o spacesJunit * Guest parking shall be provided cumulatively as follows: - for the first 20 units 0.5 spaces per unit - for units 21-50 4.3 spaces per unit - for units 51 and above 0.2 spaces per unit Within townhouse and townhouse type developments, parking may be provided in (rant of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. Section 12, That Appendix "A", "Defuutions", 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: 8 ORD. N0.01-10 ASSISTED LIVING FACILITY Any building or buildings, section of building, or distinct part of a building, private home, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide housing, meals, and one or more personal services for a period exceeding 24 hours to one or more adults who are not relatives of the owner or administration. "Personal services" means direct physical assistance with or supervision of the activities of daily living and the self-administration of medication and other similar services which the Department of Elderly Affairs may define by rule. "Personal services" shall not be construed to mean the provision of medical, nursing, dental, or mental health services. Assisted Living Facilities shall be accommodated in the same manner with respect to the number of residents and the number of units as r aired for the res ective structures of either a sin le fiunil unit du lex unit or multi-family unit in the zoning districts where allowed. Requests for exemptions to the number of residents can be requested through a reasonable accommodation request pursuant to LDR Section 2.4.7~G1. Ct3NTINUING CARE FACILITY A facility which fi.~rnishes shelter and either nursing care or personal services, pursuant to an agreement, whether such nursing care ar personal services are provided in the facility or in another setting designated by the contract for continuing care to an individual not related by consanguinity ar affinity to the provider furnishing such care, upon payment of an entrance fee. Other personal services provided shall be designated in the continuing care contract. Contracts to provide continuing care include agreements to provide care far any duration, including contracts that are terminable by either party. "Personal services" means direct physical assistance with or supervision of the activities of daily living and the self-administration of medication and other similar services which the Department of Elderly Affairs may defined by rule. "Personal services" shall not be construed to mean the provision of medical, nursing, dental ar mental health services. Continuing Care Facilities shall be accommodated in the same manner with respect. to the number of residents and the number of units as required for the respective structures of either a single family unit du lex unit or multi-family unit in the zoning districts where allowed. Requests for exemptions to the number of residents can be requested throng a reasonable accommodation request pursuant to LDR Section 2.4.7fG~. Section 13. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent juri.sdictian 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 14. That all ordinances ar parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 15. That this ordinance shall become effective immediately upon its passage on second and final reading. ORD. NO, 01-10 PASSED AND Tanuar~, 2010. A'T'TEST u2 xe~ula.r session on City Clerk First Readin ~ ~ ``~ Second Reading, ~`~ econst anti ttnai reacting on ttus trie iy°' tia~ of MAYOR 10 ORD. NO.01-10 Page 1 of 1 MEMOI~;ANI3UM TO: Mayor and City Commissioners FRAM: David T. Harden, City Manager DATE; January 7, 2414 SUBJECT: AGENDA ITEM 10..C. - REGITLAR COMMISSION MEETING OF JA~NLTARY 19 2010 ORDINANCE NO.Ol-10 (SECOND READINGISECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and public hearing to consider acity-initiated amendment to the Land Development Regulations {LDR} pertaining to Assisted Living Facilities and Continuing Care Facilities. B~+~K~ROUND At the first reading on January 5, 2414, the Commission passed Ordinance No. 41-14. RECOMMENDATION Recommend approval of C}rdinance No. 41-14 on second and final reading. htm:llrniweh44l 1A~endaslBluesheet_asnx?ItemID=2933&Meetin~ID=234 1121120 i 4 Page 1 of 2 MEMC}RANDUM TO: Mayor and City Commissioners FRAM: Jasnun Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUCrH: City Manager DATE: December 22, 2449 SUBJECT: AGENDA ITEM 10.8. - REGULAR COMMISSION MEETING OF JANUARY 5 2Q10 ORDINANCE NO.01-10 (FIRST READINGiFIRST PUBLIC HEARING) ITEM BEFC}RE C{3MMISSI4N Consideration of aCity-initiated amendment to the Land Development Regulation pertaining to Assisted Living Facilities and Continuing Care Facilities, BACKGROUND Florida Statutes X29.01 states, "The Legislature recognizes that assisted living facilities are an important part of the continuum of long-term care in the state. In support of the goal of aging in place, the Legislature further recognizes that assisted living facilities should be operated and regulated as residential environments with supportive services and not as medical or nursing facilities," Additionally, Federal Law requires assisted living facilities to be acconunodated in the same manner as residential uses, provided that the density regulations of the local jurisdictions are met. In order to achieve compliance, the amendment proposes that assisted living facilities be accommodated similarly {with respect to the number of residents and units) to the regulations which apply to either single family, duplex, or multi-family uses in their respective zoning districts. Thus, under the proposed ordinance, assisted living facilities would be allowed as a permitted use in the A "Agriculture" district, RR "Rural Residential" district, R-1 "Single Family Residential" districts, RL "Low Density Residential" district, PRD "Flannel Residential District", Rd "Residential C?ffice" district and OSSI~[AD "Old School Square Historic Arts District". Within the CBD "Central Business District" and CF "Community Facilities" District, limitations on densities in the same manner as other multi-family uses are noted with this amendment. The ordinance also clarifies the parking requirements for assisted living facilities and modifies the definitions for assisted living facility and continuing care facility to clarify that these facilities shall be accommodated in the same manner as residential uses with respect to the number of residents and the number of units as required for other residential uses in the zoning districts where allowed. Requests far exemptions to the number of residents can be requested through a reasonable accommodations request http://miweb0011Agendas/Bluesheet.aspx?ItemID=2943&MeetinglD=228 1 /712410 Page 2 of 2 pursuant to LDR Section 2.4.7{G}, A detailed description and analysis of the proposal is contained within the attached Planning and Zoning Board staff report of November 16, 2009. REVIEW BY OTHERS The text amendment was considered at the Planning and Zoning Board on November 16, 2009, At the Planning and Zoning Board meeting no one from the public spoke on the issue. The Board voiced concerns with the type of activities that could be included under the "personal services" functions of an assisted living facility or continuing care facility and questioned if this could be used to exploit loopholes that were closed with the passage of recent ordinances pertaining to "Transient Residential Uses" and the definition of "Family". The Board unanimously recommended approval on a 7 to 0 vote, 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(3UI}(5}. The Board's concerns were subsequently evaluated by the City Attorney's office and it was determined that the proposed ordinance is not in conflict with the recently adopted ordinances pertaining to "Transient Residential Uses" or the definition of "Family". RECOMMENDATION By motion, approve on first reading Ordinance 01-10, 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: Ordinance No. 01-10 Planning and Zoning Board Staff Report ofNovember 16, 2009 http;l~rniweb0011Agendas/Bluesheet.aspx?ItemID=2903&MeetingID=22$ If712010 ~~ _ ~ - - - - _= - - ~ s- - PLaNN1~iG /AND ZONIh1G BOARD S7AF.F`BEFORT _ _ = -_ - -~ - ;~ -~ - MEETING DATE: NOVEMBER 16, 2409 AGENDA NO: V.A AGENDA ITEM: CONSIDERATION OF A CITY-lNIT1ATED AMENDMENT T4 LAND DEVELOPMENT REGt,ILATIONS, BY AMENDING SECTIONS 4.4.1 "AGRICULTURE {A) DISTRICT", SUBSECTION {B}; 4.4.2 "RURAL RESIDENTIAL {RR} DISTRICT", SUBSECTION (B}; 4.4.3, "SINGLE FAMILY RESIDENTIAL {R-1) DISTRICTS", SUBSECTION {B}; 4.4.5, "LOW DENSITY RESIDENTIAL (RL} DISTRICT", SUBSECTION {B}; 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT {PRD} DISTRICT", SUBSECTION {B); 4.4.13 "CENTRAL BUSINESS {CBD} DISTRICT", SUBSECTION (B}; 4.4.17, "RESIDENTIAL OFFICE (RO} DISTRICT", SUBSECTION (B}; 4.4.21 "COMMUNITY FACILITIES {CF} DISTRICT", SUBSECTION B; AND, 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT {OSSHAD}", SUBSECTION {B}, IN ORDER TO CLARIFY THE ZONING DISTRICTS IN WHICH ASSISTED LMNG FACILITIES OR GON'flNU1NG CARE FACILITIES ARE ALLOWED AS EITHER PERMITTED OR CONDITIONAL USES; AMENDING SECTION 4.6,9 "OFF-STREET PARKING REGULATIONS", SUBSECTION (C}; TO CLARIFY THE PARKING REQUIREMENTS FOR ASSISTED LIVING FACILITIES, AND AMENDING APPENDIX "A" °DEFINITIONS" BY PROVIDING AN UPDATED DEFINITION OF "ASSISTED LIVING FACILITY" AND "CONTINUING CARE FACILITY", a _ .. .. y~-~~ Y~ _~ e ~~ -~ ~ ' 1- The item before the Board is to make a recommendation to the City Commission regarding a City-initiated amendment to the Land ©evelopment Regulations pertaining to Assisted Living Facilities and Continuing Care Facilities. 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. - - x= On April 15, 24{#8, the City Commission adopted Ordinance 20-t}8, pertaining to Assisted Living Facilities and Continuing Care Facilities to comport with state statues. Additionally, in order to achieve compliance with the Federal Fair Housing Law, Assisted Living Facilities and Continuing Care Facilities were added to certain zoning districts in the same manner in which multiple-family residential uses were allowed within those districts, They were added as permitted uses in the RM (Medium Density Residential}, CBQ (Central Business District}, CBD- RC {Central Business District-Railroad Corridor, GF (Community Facilities} and MROG (Mixed Residential, Office and Commercial} zoning districts, and as conditional uses in the GC (General Commercial} and PC (Planned Commercial} districts. Planning and Zoning Board Staff Report, November 16, 20119 Amendment to LDRs Regarding Assisted Living Facilities and Continuing Care Facilities Rage 2 Assisted Livino Facilities and Gontinuinp Gore Facilities: Florida Statutes GH 429.C}9 states, "The Legislature recognizes that assisted living facilities are an important part of the continuum of long-term care in the state. In support of the goal of aging in place, the Legislature further recognizes that assisted living facilities should be operated and regulated as residential environments with supportive services and not as medical ar nursing facilities," Appendix A "Definitions" of the Land Development Regulations, defines Assisted Living Facility and Continuing Gare Facility as follows: Assisted Living Facility: pAny building or buildings, section of building, ar distinct part of a building, private home, boarding home, home for the aged, or other residential facilify, whether operated for profit or not, which undertakes through its ownership or management to provide housing, meals, and one ar more personal services for a period exceeding 2~4 hours to one ar more adults who are not relatives of the owner or administration. "Personal services" means direct physical assistance with or supervision of the activities of daily living and the self- administration of medication and other similar services which the department of Elderly Affairs may define by rule. "Personal servicesAshall not be construed to mean fhe provision of medical, nursing, dental, ormenta/ heath services." Continuing Gare Facility: "A facilify which furnishes shelter and either nursing care or personal services, pursuant to an agreement, whether such nursing care or personal services are provided in the facility ar in another setting designated by the contract far continuing care to an individual not related by consanguinify or amity fo the provider famishing such care, upon paymenf of an entrance fee. Other personal services provided sha11 be designated in fhe continuing care contract. Contracts to provide continuing care include agreements fo provide care far any duration, including contracts that are terminable by either party. "Personal services' means direct physical assistance with or supervision of the activities of daily living and the self-administration of medication and other similar services which the department may defined by rule. "Personal servicesA shat! not be construed fo mean the provision of medical, nursing, dental or mental health services." State Statutes require assisted living facilities to be accommodated in the same manner as residential uses, provided that the density regulations of the local jurisdictions are met. In order to achieve compliance with State Statutes, the amendment proposes that assisted living facilities be accommodated similarly (with respect to the number of residents and units} to the regulations which apply to either single family, duplex, or multi-family uses in their respective zoning districts. Thus, under the proposed ordinance, assisted living facilities would be allowed as a permitted use in the A "Agriculture" district, RR "Rural Residential" district, R-1's "Single Family Residential" district, RL "Law Density Residential" district, PRD "Planned Residential District", RO "Residential office" district and C3SSHAD "Old School Square Historic Arts pistrict". Within the CBD "Central Business District" and GF "Community Facilities" District, limitations on densities in the same manner as other multi family uses are noted with this amendment. The ordinance also clarifies the parking requirements for assisted living facilities and modifies the definitions for assisted living facility and continuing care facility to clarify that these facilities steal! be accommodated in the same manner as residential uses with respect to the number of residents and the number of units as required for other residential uses in the zoning districts Planning and honing Board Staff Report, November 16, 2009 Amendment to LDRS Regarding Assisted Living Facilities and Continuing Care Facilities Page 3 where allowed. Requests far exemptions to the number of residents can be requested through a reasonable accommodations request pursuant to LDR 5eckion 2.4.?{G}. Following are details of the chances: Section 4.x.'1 Acriculture Zane District {A}: {B} Principal Uses and Structures Permitted: The following types of use are allowed within the {A} District as a permitted use: (1 } The conduct of agricultural operations such as: crop lands, poultry, dairies, grazing {ands, flower growing and fruit, citrus, and orchard groves; and structures normally associated there with such as: hams, chicken coops, drying sheds, farmhouses, greenhouses. {2) Horse Ranches, Horse Boarding Stables, Riding Stables and Academies; and structures normally associated there with such as: stables and training facilities. (3) Single family detached dwellings. {4} Group Home, Type 1, pursuant to restrictions set forth in Section 4,3.3{I} (5} Public educational facilities of The School District of Palm Beach County, pursuant #o the regulations set forth in Section 4,3.3 {HH}. (6a Assisted Living Facilities, Section 4.4.2 Rural Residential (RR} Zone District: {B} Principal Uses and Structures Permitted: The following types of use are allowed within the {RR} District as a permitted use: {1) Single family detached dwellings, {2) Group Horne, Type 1, pursuant to restrictions set forth in Section 4.3.3{I}. {3} Public educational facilities of The School District of Palrn Beach County, pursuant to the regulations set forth in Section 4,3.3 {HH}. Assisted ~ivinq Facilities. Section 4.d~.3 Sinale Family Residential {R-1) Districts: {B) Principal Uses and Structures Permitted: The following types of use are allowed within the Single Family Districts as a permitted use: {1) Conventionally sited single family detached residences. {2) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3{I). Planning and Zoning Board Staff Report, November 16, 2(}~9 Amendment to LDRs Regarding Assisted Living Facilities and Continuing Care Facilities Page 4 (3) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. {~) Packet parks. {5) Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4,3.3 (HH} (6) Assisted Living Facilities, Section 4.4.5 Low Density Residential tRL District: {B) ,Principal Uses and Structures Permitted: The following types of use are allowed within the {RL} District as a permitted use: (1) Single family de#ached dwellings. {2} Duplex structures. {3} Multiple family structures. {4) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1). {5) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan {6) Pocket parks {?) Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3 {HH) f8) Assisted Living Facilities. Serctian 4.4.7 Planned Residentiai Development (PRD} District: {B) Principal Uses and Structures Permitted: The following types of use are allowed within the {PRD) District as a permitted use: {1) Single family detached dwellings whether conventional or zero lot line design _ {2} Duplex structures {3} Mul#iple Family structures . {4) PubGe educational facilities of The School 'District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3 {HH} (5) Assisted Living Facilities. Planning and Zoning Board Staff Report, November 1fi, 2009 Amendment to LDRs Regarding Assisted Living Facilities and Continuing Care Facilities Page 5 Section 4.4.13 Central Business (CBD} District: {B} Principal lJses and Structures Permitted: The following types of use are allowed within the CBD District as a permitted use: {1} General retail uses including, but not limited to: (a) Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and slipcovers, medicines and prescriptions, electrical fixtures and supplies, fabrics, fish, flowers and plants, fruits and vegetables, food, garden supplies, gifts, glassware, hardware and paints, home furnishings, ice cream, lawn care equipment, leather goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods, toys, wearing apparel and accessories, appl"lances, bicycles, business machines, jewelry, (2) Business and professional uses pursuant to restrictions set forth in Section 4.4,13{H}(7) including, but not limited to: (a) In#erior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, professional offices. (3) Services and facilities including, but not limited to: {a} Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on-site processing for customer pickup only, dry cleaning and laundry pickup s#ations, laundramats limited to self-service facilities, pet grooming, restaurants excluding drive-in and drive-through, outdoor cafes, tailaring, tobacconist, vocational schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate judo, small item repair, and rental of sporting goods and equipment {such as but not limited to bicycles, skates, boogie boards}. {b) GaNeries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g, gyms and clubs, museums, libraries, newsstands, commercial or public parking lots and parking garages. {c) Public open space plazas (4) Multi-family dwelling units, excluding duplexes, up to a maximum density of thirty (30) units per acre except for the West Atlantic Neighborhood or Beach District, where the maximum density is finrelve {12} dwelling units per acre. Planning and Zoning Board Staff Report, November 96, 2009 Amendment to LDRs Regarding Assisted Living Facilities and Continuing Care Facilities Page 6 (5} Hotels, motels, bed and breakfast inns, and residential-type inns except in the West Atlantic Neighborhood. (} Assisted diving Facilities and Continuing Care Facilities, up to a maximum density of thirty {30 units per acre except for the West Atlantic Neighborhood or Beach District, where the maximum density is twelve f 12} dwelling units per acre. Se~ctlQn 4,4.17 Residential t3ffice tR0) Qistrict: {B) i~rincipal Uses and Structures Permitted: The following types of use are allowed within the RO District as a permitted use: {'l) Single family detached dwelling units. {2) Duplex structures {3} Business and professional offices. {4) Abused spouse residence limited to forty {40) or fewer residents. {5) Funeral parlors, funeral homes. {6) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan {7} Group Home, Type 'l, pursuant to restrictions set forth in Section 4.3.3{I}. (8l Assisted t~ivin. Facilities. Section 4.4.21 Community Facilities {CFt District: {B} Principal Uses and Structures Allowed: The following types of use are allowed within the CF District as a pem7itted use: (1} Governmental, such as: civic centers, courts, courthouses, temporary holding facilities, fire stations, governmental offices, public health facilities, law enforcement offices and facilities, past offices, public utility facilities {e.g. lift stations}, water s#orage tanks, water treatment plants, water wells, wastewater treatment plants, drainage facilities. (2) Community, such as: civic centers, community centers, community theater, cultural facilities and auditoriums, arts and crafts centers, libraries, museums, public parking lots and garages. {3) Recreation, such as: community centers, tennis centers, swimming cen#ers. (4) Services, such as: abused spouse residences, child care centers, day care centers. Planning and Zoning Board Staff Report, November 16, 2Qt19 Amendment to LDRs Regarding Assisted Living Facilities and Continuing Care Facilities Page 7 {5) Religious, such as: churches and places of warship with attendant uses of day care, pre-schaol, educationa! facilities, and with ether normal educational (Sunday schaol} and recreational facilities, and support facilities {e.g., parsonage}. {6} Restricted usage allowed pursuant to an ordinance enacted to sever developments rights under a Transfer of Developments {TDR}. {See Section 4.6.20}. {7} Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set Earth in Section 4.3.3 {HH}. {8} Clubs and Lodges provided that alcoholic beverages shall not be served ar consumed an the property. {9) Assisted Living Facilities and Continuing Care Facilities, subject to the reeuirements of the RM District except far setback and height requirements which shall be pursuant to this Section. Section 4,4.24 t)1d School Square Historic Arts DistrictSC~SSHAaI (B) Principal Uses and Structures: The following types of uses are allowed within the USSHAD as a permitted use; {9} Single family detached dwellings (2} Duplex structures (3} Business, Professional, Medical and Govemrnental C)ffices {4} Retail sales through specialty shops {single purpose businesses} such asE bath shops, book stores, gift shops, florists, hobby shops, kitchen shops, boutiques, bicycle shops, excluding liquor stores, convenience stores and drug stores (5} Arts related businesses such as craft shops, galleries, and studios within which is conducted the preparation of, display of, and/or sate of art products such as antiques, collectibles, custom apparel, jewelry, paintings, photography, picture framing, pottery, sculpture, stained glass. {6) Educational and/or Instructional activities including training, vocational, or craft schools, the arts, personal development, and libraries, museums, and social and philanthropic institutions {7) Restaurants of a sit dawn nature such as a cafe, snack shop, full service dining but excluding any drive-in and/or drive-through facilities or features (8} Providing of personal services such as barbershops, beauty shops, salons, cosmetologists (9} Bed and Breakfast Inns Planning and Zoning Board Staff Report, November 16, 2009 Amendment to L©Rs Regarding Assisted Living Facilities and Con#inuing Care Facilities Page $ {10) Catering services no# associated with a restaurant, subject to the special regulations of Section 4.4.24{H}. {11) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3{I). {12} UVrthin the following described areas, the uses allowed as permitted uses in Section 4.4.13{B) pursuant to the base district and special regulations of the Central Business District regulations shall also be allowed in the 4SSHAD {a) Lots 13-16, Block 80 {b} Lots 1- 4, Stock 61 {c) Lots 1- 7 and 19-24, Block 69 {d) Lots 7- t3, and the South 34.75 feet of Lot 6, Block 75; and {e} Lots 1- 6, Block 78 t13} Assisted Living Facilities. Secfion 4.6.9 t?ff-~S#reet Parkiin~t Regulations: Section 4.6.9{C) Number of Parking Spaces Required: {2} Requirements for Residential Uses: {a) Single Family Detached Residences, including ,Assisted Livin~t Facilities: - #wo spaces per dwelling unit. Tandem parking may be used provided that in the Single Family {R-1 District} or RL District, no required parking space may be located in a required ftont or street side setback. {b} Duplexes, including Assisted Living Faeili#ies: -- two spaces per dwelling unit. Tandem parking may be used provided that such parking does not result in the space for one unit impeding access to a space of the other unit. Further, curb cuts or direct access from parking areas onto a street shall not exceed 24' in width. {c) Multiple Family Structures, includinc~Assisted Living Facilities: ~ Efficiency dwelling unit 1.0 space/unit * One bedroom dwelling unit 1.5 spaceslunit # Two or more bedroom d.u.. _ 2.0 spaceslunit * Guest parking shall be provided cumulatively as follows: - for the first 20 units 0.5 spaces per unit - for units 21-50 0.3 spaces per unit - for units 51 and above 0.2 spaces per unit [Amd. Ord. 46-96 '1'115196 Planning and Zoning Board Staff Report, November 16, 20fl9 Amendment to LC1Rs Regarding Assisted Living Facilities and Continuing Care Facilities Page 9 Within townhouse and #ownhouse type developments, parking may be provided in front of garage units provided that such parking does not resul# in the space for one unit impeding access to a space of the other unit. APPENDIX "A" DEFINITIONS ASSISTED LIVING FACILITY Any building or buildings, section of building, or distinct part of a building, private home, boarding home, home for the aged} or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide hauling, meals, and one or more personal services for a period exceeding 24 hours to one or mare adults who are not relatives of the owner or administration. "Personal services" means direct physical assistance with or supervision of the activities of daily living and the self administration of medication and other similar services which the Department of Elderly Affairs may define by rule. "Personal services" shall not be construed to mean the provision of medical, nursing, dental, or mental health services. Assisted Living Facilities shall be accommodated in the same manner with respect to the number of residents and the number. of units as required for the respective structures of either a single family unit; duplex unit or multi- family unit in the zoning districts where allowed. Requests far exemptions to the number of residents can be requested through a reasonable accomrnodatian request pursuant #o LDR Section 2,4.7i;G). CtJNTINt11NG CARE FACILITY: A facility which furnishes shelter and either nursing care or personal services, pursuant to an agreement, whether such nursing care or personal services are provided in the facility or in another setting designated by the contract for continuing care to an individual not related by consanguinity or affinity to the provider famishing such care, upon payment of an entrance fee, tJther personal services provided shall be designated in the continuing care conrtract. Contracts to provide continuing care include agreements to provide care for any duration, including contracts that are terminable by either party. "Personal services° means direct physical assistance with or supervision of the activities of daily living and the self-administration of medication and other similar services which the dDepartrnent of Elderly Affairs may defined by rule. "Personal services° shall not be construed to mean the provision of medical, nursing, dental or mental health services. Continuing Care Facilities shall be accommodated in the same manner with respect to the number of residents and the number of units as re aired for the res dive structures of either a si I famil unit du lex unit or multi-family unit in the zoning districts where allowed. Requests for exemptions to the number of residents can be requested through a reasonable accommodation request pursuant to LDR Section 2.4,7 G . _. ~~ t LDR Section 2.4.5[M}{51 {Findingslr; Pursuant. to LDR Sec#ion 2.4.5{M}{5} (Findings}, in addition #o LDR Section 1.1.6{A}, the Ci#y Commission must make a fading that the #ext amendment is consistent wi#h 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 objective was Hated: Planning and Zoning Beard Staff Report, November 16, 20t}9 Amendment to LDRs Regarding Assisted Living Facilities and Continuing Care Facilities Page i 0 Housing Element Objective B-2 states, "Redevelopment and the development of new land shall result in the provision of a variety of housing types and other amenities (i.e. bike trails, parks, sidewalks} to accommodate the diverse economic makeup of the Gity's demographic profile, and meet the housing needs of all residents. Policies which will implement this objective include:" The proposed amendment will further this policy. A positive finding can be made that the amendment is consistent with and furthers the Goals, C?bjectives, and Policies of the Comprehensive. T _ r The Pineapple Grove Main Street committee reviewed the amendment at their November 4, 2gq9 meeting and recommended approval. The Downtown Development Aufhorify (DDA) reviewed the amendment at their November 9, 2gq9 meeting and recommended approval. The West Atlantic Redevelopmen# Coalition ;`WARC) reviewed the amendment at their November 91, 2gq9 meeting and recommended approval. The Corrtmunity Redevelopment Agency (CRA} reviewed the amendment at their November 12, 2gq9 meeting and recommended approval. Courtesy 1Vofices: 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. - - - The purpose of this City-initiated LDR text amendment is to bring consistency betrnreen the Land Development Regulations and Florida Statues, as well as Federal Fair Nousing laws. Positive findings can be made with respect to LDR Section 2.4.5{M}(5}. ... ._, __ -- ~ - -~- _ - -r-~-~ ,~ ~ r =- ~- _ _: :i~illkiEhl ~i"1"~~ET~-~~ ~ ~ -..~ Move a recommendation of approval to the City -Gammissian for achy-initiated amendment to Land Development Regulations as reflected in the attached Ordinance, by adapting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Gamprehensive Plan and meets the criteria set forth in LDR Section 2.4.5{M}{5}. Attachments: Proposed t~rdinance ORDINANCE N0.01-10 AN ORDINANCE OF T'I-~ CITY COMMISSION OF TIC CITY OF DELRAY BEACH FLORIDA, p-MENDING T'I~ LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEAC'I-~ BY A~~IENDING SECTIONS 4.4.1, "AGRIC:ULTURE (A) ZONE DISTRICT, SUBSECTION (B}"; 4.4.2, "RURAL RESIDENTIAL (RR) ZONE DISTRICT", SUBSECTION (B); 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS", SUBSECTION (B}; 4.4.5, "LOW DENSITY RESIDENTIAL (RI.) DISTRICT", SUBSECTION (B}; 4.4.7, "PLA~!tiTNED RESIDENTIAL DEVELOPMENT (PRD} DISTRICT", SUBSECTION (B}; 4.4.13, "CENTRAL BUSINESS (CBD} DISTRICT", SUBSECTION (B}; 4.4.17, "RESIDEItitTIAL OFFICE {RO) DISTRICT", 5UBSECTION {B); 4.4.21, "COMMIJIVITY FACILITIES (CF} DISTRICT", SUBSEC'TIC)N (B}; 4.4.24, "OLD SCHOOL SQUA,IRE HISTC)RIC ARTS DISTRICT (OSSHA,D}", SUBSECTION (B), IN ORDER TO CLARIFY T'HE ZONING DISTRICTS IN VVEIICH ASSISTED LIVING FACILITIES 1~~IZE ALLOWED AS PERMITTED USES; A-1*r~NDING SECTION 4.6.9 "OFF-STREET PARKING REGI.TI..ATTONS", S[JBSECTTON (C}, TO CLARIFY TTY PP-RKING REQUIREII~NTS FOR p-SSISTED LIVING FACILITIES, AND A-Iv~NDING APPENDIX "A", "DEFINITIONS", TO PROVIDE UPDATED DEFI]VI'I"IONS FOR ASSISTED LIVING FACILITY AND COItiITTNUING CARE FACILITY"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. Uhl IEREAS, pars-t~ant to LDR Section 1.1.6, the Pl~~rning and Zoning Board reviewed the proposed text amendment at a public hea~:rig held on Novi 16, 2009 and voted 7 to 0 to recorrnnend that the clra~rrges be approved; and WHEREAS, pucsuamt to Florida Statute 163.3174(4)(c}, the Pl~~ruvrig and Zo~cling Board, sitting as the Local Plaruning A~~Y, has determined that the clh~~lge is consistent with and furthers the goals, objectives and policies of the Cornprehhensive PL~n; and V'VHEREAS, the City Goon of the City of L~1ray Beach ackrpts the fincltr~g in the Planrtirig and Zoning Staff Report; and 4'~I~REAS, the City Corrunission of the City of Delray Beach finds the ordinance is con;~istent with the Compreher>s~ve Plan. NOW, T'I~REFORE, BE IT ORDAINED BY T'HE CITY COI~rIIVIISSION OF THE QTY OF DELRAY BEACI-1r FLORIDA, AS FOZLOtNS: S~ti'on 1• That the rnatatians set forth above are incorporated here~~, motion 2. That Section 4.4.1, "Agrieulh~re Zone District {A}", of the Land Development R.eguiations of the Code of C7rc~r~ances of the City of Delray Beach, Florida, be and the salve is hereby amended to read as follows: (B} Principal Uses and Structures Permitted: The follov~,g type of use are allowed within the (A} District as a p~ritted use: (1} The conduct of agriculfiaral operations such as: crop liu~ds, poultry, dairies, 7g lands, flower grov+~ing and fr~ut, citrus, and orchaixi groves; and struicturc~s normally associated there with such as: barns, chicken coops, drnrig sl>~, fa~rrmhouses, greenhouses. (2} Horse Ranches, Horse Boarding Stables, Riding Stables and Academies; and s~tcvctures nonr~lly associated there with such as: stables and training facilities. (3} Sire fa7maly detached ctweliing~s. (4} Group Home, Type 1, ptmsuant to restrictions set forth in Section 4.3.3(I}. {5} Public educational facilities of The School District of Palm Beach County, pursuant to the rfgulations set forth in S~~tion 4.3.3 {3~3}. (6} Assisted L,iv~ng Facilities. ~~~`~n ~. That Section 4.4.2, "Rural Resicl~xrtial (RR} Zone District", Subsection (B), of the Land Development Re;~alations of the Code of ©rdinances of the City of Delray Beaci~ Florida, be anal the same is hereby amended to read as f oliows: {B} Principal Uses and Structures Permitted: Thee follov~ing types of use are allowed within. the (ItTZ} Disttlct as a permitted use: {1) Single f~~mily detached dt~,l)ing~. (2} Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I}. (3} Public educational facilities of The Sclux~i District of Palm Beach County, purstx~t to the zy~;ulations set forth in Sectian 4.3.3 (]~H}. ~} Assisted Livin~Fac~l_' 'ties. ~~tion 4. That Section 4.4.3, "Single Family Resieal (R 1} Districts'", S~seciion (B), of the Land l:-eveiopment R,eg~ulations of the Code of C}reiunances of the City of Delray Be~h, Florida, be and the same is hereby amertc~d to read as follows: 2 ORD. NQ. Q1-10 (B) Principal Uses and Structures Permitted: The following fees of use are allowed within the Single Family Districts as a permitted use: (1) Conventionally sited singXe family detached residences. (2) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3,3(I}. (3) Parking lats rust associated with a use, pursuant to an adapted neighborhood or r~~devekapmenf plan. {4} Pocket parks. (5) Public educationak faalities of The Schaal District of Palm Beach CowntY, pursuant to the xr~gutations set forth in Section 4.3.3 (k-ff-f}. [b~ Assisted Livir~ Facilities. Secti~. 'T`hat Section 4.4,5, "Low Density Residential {RL) District", Subsection (B), of the Land Development Re;~ralations of the Code of Urciinar~ces of the City of Delray Beach,, Florida, be and the same is hereby ary~endE~cl to read as follows: (B) Principal Uses and Structures Permitted: The fallo~+~ing Types of use are allowed within the (RL) District as a permitted use: {1} Single family detached dwellings. {2) Duplex structures. (3} 14~ultiple family stnx~i~es. (4) Group Hame, Type 1, pucs~nt to restrictions set forth in Section 4.3.3¢), (5) Parking lots not associated with a use, pursuant to an adapted neighborhood or redevelop plan. {b} Packet parks. {7) Public educational facilities of The Schook District of Palm Beach Cou"ttY, pursuant to the rid, ~lations set Earth in Section 4.3.3 (k~3}. ($j_ Assisted Living Facilities, Section b. That Section 4.4.7, "PJarirued Residential Develaprnent (PRDj District", Subsectian (B), 3 C?RD. NQ. 01-1Q of the Land Development Regulations of the Code of O finances of the City of Delray Beach, Florida, be and the same is hereby ~~ to read as follows: (B} Principal Uses and Structures Fermitted: The folloW~ing types of use are allowed within. the {PRD) District as a permitted use: {1) Single family detached dwellings whether conventional. or zero lot line design {2} Duplex structures {3) Multiple Family structures {4) Public educational facilities of The School District of Palm Beach County, pur~-uant to the regulations set forth in Section 4.3.3 {ICI}, ~} Assisted Living.Facilities, motion 77. That Section 4.4.13, "Central Business {CBD) District'; Subsection {B), of the Land De~c1eloprnent Re;~ilations of the Code of Ordinances of the City of >:-elray Beach, Florida, be and the same is hereby amended to read as follows: {B} Principal Uses and Structures Permitted: The folloc~~ing types of use are allowed within the CBD L~xict as a permitted use: {1) General rirtaii uses including, but rwt limited ta: (a} Antiques, arts and crafts, automotive parts, baked good, books, Carpet and floor covering, cheeses, beer, wine, liquor, confectioneries, cosrx~tics, meats, domes and slipcovers, meduanes and prescriptions, electrical f7ixtures and supplies, fabrics, fish, flowers and pLarits, fruits and veld'-tables, food. garc~i supplies, gifts, g~~ware, hanlwu~e and ~7k~1ntS, home fLtrnlKillln~jS, ICe C'IeaTYl, idWI1 cat+e equtpment, leathear goods, luggage, zr~dical and surgical equipment, music and rrnasicail instruments, nautical supplies, office fiuniture equipment and supplies, pets and pet supplies, photographic equiprnennt and supplies, sewing s<~plies, sporting goods, toys, ~n~ring ~ppa~nel and accessories, applu~nces, bicycles, business rt~achines, jewelry. {2) Business and professional uses pursuant to restrictions set forth in Section 4,4.13{I-~{1} incluclirtgr but not ]irxnted to: {a} Interior clQCOr~ftngr medical and dental clinics, medical and dental laboratories, photographic studios, printing and publi~Ytingr professional offices. 4 ORD. NO.Ol-10 {3) Services and facilities ir~ludin~ but not limited to: {a} Auctions, barber and beauty shops and salons, caterers, ciry cleaning limited to on-site pn~cessing for customer pic3a~ only, dry cleaning and ]aundry pickup stations, Laundromats limited to self-service facilities, pet groorr>3ng, restaurants excluding drive-in and chive-through, outek~or cafes, tailoring; tobacconist, vocational st:lwals limited to arts and acafts, business, beauty, darvcing, drivingr gymnastics, photag~phy, macleLirt~ and kakarate-juc1G,, small item n:~ir, and n~~tal. of sporting gc~ and equipment (s~~ch as but not limited to h~Y, skates, boogie boards}. {b} Galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g~ gyms and clubs, museums, ' l~raries, newsstaruls, camxx~ei~cial or public parking lots and parkng garages. (c} T'~ablic open space plazas {4} Iti!halti fa~:xuly d`n~~~ units, excluding duplexes, up to a rr~xirruun density of thirty (30} i.mits per acre except for the West Atlantic l~t~ighbarhoad or Beach District, N~tere the maxirzuirrt density is helve (12} dolling units per acre. {5} Hotels, Instals, bed and Ureakfast inns, and residential-type inns except in the West Atlantic N~ighborhaad (&} Assisted Living Facilities and Continuing Care Facilities, up to a maximum ~". Lion 8. That Section 4.4.17, "Resial Office (RC}} District", Subsection (B}, of the Land Development Re;~ulations of the Code of Olxlinarues of the City of Delray Beech,, Florida, be and the same is hereby ameruied to I~3d as follows: (B} Principal Uses and Structures Permitted: The folloH~ing types of use are allood within. the Rf3 District as a petxrritted use: (1} Single far:nily detached dolling units. {2} Duplex structures. (3} Business and professional offices. {4} Abused spouse residence limited to forty (4t?) ar fewer residents. (5} Fug parlors, funeral homes. 5 ORD,1V0.01-1Q (6} Parking lots not associated with a use, pursuant to an adopted neighborhood or rt~cleveloprr~ent plan. (7} Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1}. ,(8l Assisted Living Facilities. tiara ~. That Section 4.4.21, "Community Facilities {CF} D>i~trict", Sulbsertian (B), of the Land Development l~:egulations of flue Cade of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as faIlows: (B} Principal Uses anal Structures Allowed: The following types of use are allowed within the C~ District ~ a permitted use: (1} Govemrr~ntal, such as: civic centers, courts, courtlwuses, temporary holding facilities, fire stations, govemrnental offices, public health facilities, law enforcerrent offices and facilities, post offices, public utility faalities {e.~ lift staticros}, water storage tanks, water treatment plants, water ells, ~n~astewater treatrrent plants, drainage f~ilities. {2} Carrrrruznity, such as: civic centers, corzmu~ruty centers, community theater, cultural facilities and auditoriums, arts and crafts centers, liloraries, museums, public parking lots and {3} RE~creatian, such as: camrrumity eeruters, tennis centers, s~~?immirng centers. (4} Services, siich as: abused spouse residences, child care centers, daycare centers. (5} Religious, such as: churjches and plies of warship with attendant uses of day care, pre-school, educational facilities, and with other rwrmal eduicatianal (Sunday s<:haal} and a:!ecareational facilities, and srxppart facilities {e.g, parsonage}. {6} Restricted usage allowed pursuant to an an~riance enacted to sever developrr~ents rights under a Transfer of Developments ('I'DR}. (See Section 4.6.20}. {7} Public educational faalities of The School District of Palm Bead}. County, pursuant to the r~;~gulatians set forth in Section 4.3.3 {l-iI l). {8} Clubs and L provided that alcoholic beverages shall not be served ar consumed on the property. {9} Assisted Living Facilities and Continuing Care Facilities~~i l~ec~ to tYue rec~,zirernertts of the I~:NI District except far setback and height xretlttir+emertis which shall be pursuant to this Section. 6 ORD. NO.OI-10 ` n 10. That Section 4.4.24, "Old Schaal $quare I:Gstoric Arts District {OSSHAD)", Subsection (B}, of the Land. De~velaprr~ent Re;~alations of the Code of C}rdir~ances of the City of Delray Be~~h, Florida, be and the same is hereby amended to read as follows: (B) Principal. Uses and Structures: The following #~~pes of uses are allov~d within the OSSHAD as a perrr~tted use: (1} Single familydetached dwellings. {2) Duplex structru+es. (3} Busir~s, Professional, Medical and Governmental Offices. {4) Retail sales through specialty shops {suigle purpose businesses) such as: bath shops, book stores, gift shops, florists, hobby shops, kitchen shops, boutiques, bicycle shops, excluding liquor stores, convenience stores and drug stores. (5) Arts related businesses such as craft shops, galleries, and studios within which is conducted the pm~.~paration of, display of, andlor sale of art products such as antiques, collect~les, custom ~~ jewelry, paintings, photography, Picture fic~rxrs~lg, pottery, s~=ulPture, staixted glass. (6} Educational and/or Instructional activities including training vocational, or craft sc:hooLs, the arts, personal developrr~ertt, and l~raries, rrn~.uns, and s~xiat and philanthropic institutions. ("T} Restaurants of a sit dawn nature such as a cafe, ga~cck shop, fiull service dining but excluding any drive-in andJor drive-through facilities or feattu~s. cosmetologists. {8) Providing of personal services such as baxf~.slwps, beauty shops, salons, {9} Bed, and Breakfast Inns. (10) Catering services not associated with a restaurant, subject to the sla~~ial regulations of Section 4.4.24{H}. {11) Group Horne, Type 1, pursuant to restrictions set forth in Section 4.3,3(1), {12} Within. the following described areas, the uses allowed as pernntted uses in Section 4.4.13{8) pursuant to the base district and special. r~elulations of the Central Business Divslxict x~~ulations shall aLsa be allowed in the OSS~: {a} Lots 13-16, Block 6Q 7 ORD. IVO.41-10 (b} Lots 1- 4, Block 61 {c} Lots 1- 7 and 19-24, Block 69 (d} Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and {e} Lots 1- 6, Block 76 ,{13} Assisted Living Facilities. S~#.ion 11. That Section 4.6.9, "Uf#- Street Parking Reons"' Subsection {C}(2), of the Land De^~1+apmP.nt Re~~ralatians of the Code of C}rc~nartces of the City of Delray Beach, Florida, be and the same is hereby amended to :head as follow {2} Requirements for Residential Uses: (a} Single Family Detached Residences, including _Assistsist d~Living Facilities: -two spaces per dwelling unit. Tandem parking maybe used provided that in the Single Family (R-1 District} or RL Z~sttict, no :regtrired parking space maybe located in a required front or street side setback {b) Duplexes, including Assisted Living, Facilities: -- two spaces per duelling unit. Taruiern parking maybe used provided that such p~arkong claw not result in the space for one unit unpeding access to a space of the other unit. Further, curb cuts or direct access from parkang areas onto a street shall. not exceed 24' in width {c} Multiple Family Structures, including Assisted Living Facilities: * Efficiencydwelkingunit l.~ spaceJurut # Qne bedroom dwelling unit l.5 spaceslunit * Two or more bedroom du 2.Q spaceslunit * Guest parking shall be provided cwxuxlatively as follows: - for the first 2Q units 0.5 spaces per unit - for emits 21-5t1 0.3 spaces per unit - for units 51 and above 0.2 spaces per unit Within townhouse and townhouse type develapm~ts, parking may be provided in front of garage units provided that such parking cues not n~rult in the space for one unit irrgaedixzg access to a space of the other unit. Section 12. That ~~~ix "A", "Defirdtions", of the Land L-evPlopxrent Re;~alatians of the Code of Or3inarlces of the City of DelrayBeach, Florida, be and the same is hereby arriended to r~cl as follows: {JRD. Nt7.Ol-10 ASSISTED LIVING FACILITY Any builR:iing ar build, section of building, or distinct part of a buiic~ng private home, boarding home, home far the aged, or other residential facility, v~,hether operated far profit ar not, which undertakes through its ownership ar management to provide housing rr~eals, and one ar mare peasonal services for a period exceeding 24 hours to one or more adults wfva are not relatives of the owner or admirvstration. "I'exsanal services" rr~eans direct physical assistance with or supervision of the activities of daily liviing and the ~ adrrdnish~atian of medication and other similar services which the Department of Elderly Affairs may clefute by Hale, "Personal services" shall. not be canst~~ued to mean the provision of medical, nursing dental, ar mental health services. Ast~d Ct~NTINUING CARE FACILITY A facility which fumii~hes shelter and either nursing cane ar personal services, pursuant to an agreement, whether such nursing care or personal services are provided in the facr7ity or in anther setting d~agnaafied by the contract far continuing care to an individual not rf~ated by consanguinity or affinity to the provider fturtislvngl ' such care, upon payment of an entrance fee. Other personal services provided small be designated in the coninuing care contmct. Contracts to provic~ continuing care ixulude agneearents to provide cane for any duration, including contracts that are terminable by either party. "Personal services" means direct physical assistance with or supervision of the activities of daily living and the self-adtrntristratian of medication and other similar services which the Denartrr~rlt of Elderly Affairs may defined. by Hale. "Personal s~~vices" shall not be eonstn~ed to mean the provision of medical, nu~r denial or mental health c ' n 1,~ 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, siach decision shall not affect the validity of the remairrcler ~f as a whale or part thereof other than the part declared to be invalid man 14. That all ardir~ances ar parts of ordinances in conflict herewith be, and the s~ame are hereby xr~~ealEad. Section 1~. That tlvs ordinance shall become effective imnely upon its passage on second and r~~ 9 ORD. Nfl. t31-10 of residents can be rer~uested through a reasonable accommodation recluc~st pausr~ant to LDR section 2.4.7~~ piuss~,rant to LDR Section 2.4.~G). PA~S,aED .AND ADC?PTED in r~~g;ular session on second and final. reading an this the 19~h day of January, 2410. ATTEST CityQerk Fix~t Ruing Second MAYC}R 10 ORD. NC7. Q1-10 .... ~~~ SHE P,aI,PJI Cf~AOH~PQ!~T • TUE5Dr1`f; bECEtAB[R 23, 2009 - N4. ~95~~UUbR ..,. CITY OF DECRAX`~EACH ~~~ ~+0~1~~ 4~ PR~~05~~ul~N[~MENTST~ ~H~~L4ND~ DEVELOPMEI~'~R~~UTATlONS - Tie City C,~rrnis~ic~ cf ~ e Ci;/ ~EJelr.~y Bcarh; f!o~~, propaes b ac~~f l~B~Cjl~4`timpor~r,;;r°cas 4RPIi~A~~_t~4.4~~~0 At4 Onnt 1:U;CE CF THE CITY CG'v'a1a~~S;Ot`{ GF THc C1TY CF CELRAf BF.,ACH, FLCR(D,1, A~.'~NCIt~G ~ iNE iAtvD~ DEL`ELCF~', EM RECL4ATIJ~1 QF_I'riE C "f CF D~~RAY:6E~,CH, 9Y A,N~~tGiNG SFC?1GIJS G a.}, ~"AGRIGu:PJ~E <tii Z~v`;~iE CiSTR;CT, S4BSEC~~C~;y j6} ~ 11 a 2, °1(~9r1i: '" ~~5()?EI~[WL. (R?1 ZGtiE GIS7R;C7~, SUBJECT?:,N ;B'i; ,~ -~ 3 'S;t~~tF ~_ .-Fi~tv(R`i<' RES'DEyilA1 tR-11 DS"RCrS, SvCrSKl~J (8} ; ~f:4:5, !~ `1:C,W, CENSiTY _RESibE~lilAL kfti} GI~~ERlCF",:.SUBSECT;CN ~(6j; ~d.4,?, u~4Atr;~EC~ RES'GE~tfIA1 GNEtCFh~SNT jPRDE;CiSTRi~i", SuB;~Ei"T'Cti' ;Ei ~d:4T3; °~~ NT~1 `EUS``1~5S (CBt~~'~~ISTRICT"; SL'3SE~,T~CN~ (B}~ ~~ ~~~t i~;~RrS1uEtiUAFzu€FiCE ~P.Q} C~S~RICT'; Suu~E~~I~N B} a.d 2', ."COMMfJt~UTY'FACi1PilE5,(Gri CISTRCT ; SU6SECT+Cr^! ;6r; ~,.1.2w; "GLJ; `~~ S HoQ~ S~~UAkE ~'ST;J41C PRISG~SiR;CF~(Q~SHfiD1°;SIJBSECT~Ch ~, {B},.{~.'~~~ER,~G CG"~R1FY-1HE ZONING C~ST~~ICTS IN 4bHiCN ~.5,$157ED ~Vlt~~';~A~Ctr.fil`5 ,4kE a'iL•CWEDAS' PERht[iTED USES; ~n1~N~; ~'~i01~~~6~4 "OFF-STREET E4P'CI1~C REGU.ATt`JNS`~, S~J6.SE~PC}N~ -: 1'~h~+~~~F'~T}~E PAR'Clt~k:~ REQU1RfM~MS FQR.ASSISTFD uV~NG. :~~. rACEII'fIC: rU~'J~1DiNv~~~PFENppC `A', . `Gr1=fNfT,ONS", "~TCk ~:; ~QYlQ~~~~ EiEfINiF;ONS. FOR AS~STEb lN~{G FAGfTf1` ANA ~~~ ~~.1'~R6 FACIIfIY"; PROVIDING~A.SAyE?~l^v CU1U5~;~ A Y~~~~1~R GAISEt~*~j(.EfFECTi`(~ b~TE. ~,-~~ ,~~" - ORR~+tt~NO 02 i0 ~, ~ ~ x< ~' ~ CFA ''~g_~C~fl~. " f"t~N QF 7HF CITY Qr~ a ~" IETABt~ ~L~~Fav4ULY i D,47E, ~ ` ~'tiw ~2~ Pu;~"C rNzat ngs,~ i~~ :~o:ed or~rut;ces'are ~~i Fn! reod~r;a~ a`, ~`~'~t~~~ti,ll 6~ held on A~~~~ ~ (qr ayon c s~cflm~x;lir wilis~ is sst flfvs CGmmiss~~rY} ~ tho: _ ~~~rs~at~~Gty 1-1a~,, aG4 }V`A(]~, Aven a JJsu~cry ~ocu~; ~~ ~B[3s ore i~~ io al~+xl }ho pU~lic hearings mci comT~gnt pt~OSecl or~nmca a s~,~mi~ hheir cAmmert~ in wrrrng on of ~~pteo~ih~heari~s b ~ha P`~ar~rnny_ard 7nnrag ~k r ~¢i~otir~q~cn of b obla n acoFry oftFie ~ioset{ ordinanCE:s, p''ooss E~ltai~ir~c~~c(7ni,ir~De~i,anf,C~fyFi~,'I,TO~N.W 1*A~ua,~_. ;h, FTor~da 33M4, eina; d ~~~.~sD} Qz: 1/2~33~704DV, betv,~en ~'hou~s 6:G0 a m. ~ 6~9~p:m,~ traghF~day~EUCdu~}ing~ ~ ~" ;, t,-,_, '' tfxzf ifu person, decides kt gEpeo! ar~}~Gbasi>rt mccre fcy ~~ ~.vi+ft rasped ko ary mdHsr~cxrs~deied ct f•~esii fieanngs, .~, ~~~ utsura!r>ctava,b~an r9corc} ~r,Ckrfes .{;e fosPmorry' ~~~ l is 1~ be 6c~sFd ' ~ Gty doa5 rx,t prrtiic(e ~~r>3~xr~{~rwont ta' FS;~BE.Ql C5. . ~;t,.7~ ~' ~ - - CCtY 4F l~1RAY BEAL'i-t ' ~ Cher G. Nina, _ ~m~~` z ~ ~' ~C? 4952006~t ~T~CE OF R~C~~a~~~AM~~fa ~ NT5'fi0. ~HE~ D D ~ EIOPMEI~:~ ~G~ T10N5~ T _ lAN EV," ,The Gy Con~Tiu'.a, cf tho C.ty cf Ge'e~y ~ ",f(oritE°; prc{~csas taod~t . tie falowuta cstlin~. _ - 0~l~A~rlO 4L-ig" ' ~ " ~~ ~,~i c~~nricE of ~~ c~Tr caw~ss~cN o~.TH~ ~rY e~ ca B€r1CH; FICRIDA; ~t~tG 1}# LAI`,'B bi1'~P~41Fa~IT AEG{~'L~'s !.ii1E CITY fJF L'EIRAY BEACt4, 6Y ,6J~D~ks.S~-C7',C~Na~ 4 4_ t; ' ~Ar~nrr~:(A~ Zt~NE;Ch5iR1CT, silss~~ttoty (B~`, d'd:~„~xuRai, P~S1DEhfiIAC ~R} ZOTiE CiSTR;Ci'; S~J65CCi}C)N 18~ 4 4;3 ~~('~;; ~~ F~,WkY ~CES~LEMIaI' IR~TJ .D#~RSC'T5",' ~Cl'iQ1't~=I>i), .3,d;5;. W Cft~lS(iY RE3J[SfNilAl,(RL}[`~~iSCi', SC}BSPCiKY~(':[Bi, d4.1~; ''T~Nt~iFD REc!CEIJTUV. ~'~f~'MBJT Imo( DiSiRIGT_;.S1~.5~T,G~1 IBi, 4:413, °CEMRAi 51JSI~ESS[CBU{~Di~TRf~T' S{1g~}G'~~,{g};i 4,A.17, ; AESIGEMlA1 o->~ ~ROi CbTRICi", $~L'9~iC~1'(E~} ~;~.2i; x c, O r ~~ .- ~ ~,: `FS ~~^. ¢} C ~~ ~: SY, ,. _ ~-. ~, ~~ f cz~ ;m ~~ 'SCHGOL SC~UARF. HISTCF.IC AlnS GiSTx 1~&~, ~! O:~ER 7Q CtA.~FY-THE ZC~i~`~ 1 WtiG FAG1ITlE5 ARf 'A,t10~1ED AS f ~SFCi1CtiU- A.64`.'~~tRE~T P,aR r 1, ~r-.', v G~NERAI, REPrvaLER CtAlJSE; AND AJ~i EPFK'T(~~;~.'1FE. ~ ; ` . ' , ~' ~?KQINANCE N~ .4~1Q r r AN `bRDINANCE aF. THE~CIii' COMM1S510tJ 4P .THE. CIfiY pF ~~EE~~RR Y BEACH, FLORIDA; r~G' 1tf>;~ G4ND ~1!c(v'~tvtENT REGULAT1ChtS .GAF TTiE :CfTY OF [~lR,4Y $E,ACtf,' &Y, A~r!&~D`3~1C~ SECTION 4.3.3iD, 'C(}Mhhl9VliY RESiC~E,~iTA1;HCY~ES Ahlkl C~IJP: ~~Tl plS~tk`-TS";~ ~1.l2 ' GRCUP °C~-SZREET PARKNG RLC~ILAT}CtJS'; S4~8SC{.710i`~ IC}:T4,Q.b~RIFYTFiE ~a AE~ua~E,~uErirs ~~ m~wiF R~51~Et~nc~ rio~,it~s ar~_ CAP F4G4.t~5,.PRC1VL~iNG A SA1~l1~fG CiAtlSE'~ A ~i,1ERal, REi'P~tER ClA!!SE, P1~ A1J £f~ECT1!lE DAiE _ " • ° s "'- r T}~~ Gty Cpmrnission Vrl'{ Cori~vct lwo (2f Pt~1i~.Fi$aiings; 4u the p~tpq:c? of t~~aphr~,p~ic IesfimCny d'i 'thy brdincux:~es iiri ti(sf i~blie Hecxx:q will be hed cxr ~~~.L~.~~ ;{ie-Ca,unusiarCfiaml~s a1~ ~E tJ,4V' 1'.A~,a • rry; Bvaf,; Horicia. It t},a ordirxk~z+ ~ rri fief retTd ng, cr ovary cot~hnualio~i of suc}1 hioe`i~g w(i ~S sel y; Corr~m~ ih Commission C:~crr~hon o. qty Fidl, 100 N,`K.,1",vzmue, iaelrar Beach; Florida ~A~ intareskd a'Siam cre invife~'n trtbrxJ ~~e public"hems asdi~ni,xnt ip«~ dxi.p^~p~d OrETinar~ of sibmit ~.eir.conriren~s~~n v+Yih,~bn.cr I~e+nre ~~ dafe of thsie:i»arirt~s h~ t4+e Plonning o~ ?gPing.Degc~rhnent;' for fufthet irtfofmohai or b dlkc~n a ~y o< the P:~xnOd o'EL}inaXes, phase catladih9P4oRnirt~atld7Anirx~Depcrlmerf,G t~;iCAN.`N."1',4varue.i De~rcry Boac{~: Florida 33.144 lema~ of ~~~ or Fjy ~b 1 /243~1bdflJ, bet~keat ~e ix~rrs , 5.00 a m - ;~~ p.m ;, ~xavgh Fr~dtry oxc~vd''rg ho!''daYs. . PSeuse be advised x,at ~ a ped fort doer !v n airy s3ew iGn' mado Eiy, tie C`r`ty.C~.ss:on wig: r~pe:t ?o try math av~icl~nd at the~o k;. scx~i Perwn may n~ to erlwre tfiot a vca~ctitn ro~ord .~'itc{es f~e ±~stanony and ~ce ~Pcrr w~~ t,e ;~ ~ ea bawd. Tl~ Crcy ~es!laJ.p+: c q; pe(,cre wchy p~rsi,w't to F.S, 28h.O105. Ct1Y bf C~~A'y~~FAC~-i ' _~Q.n ~~ dub; 'Tina Palm Beach Pmt Gty Clerk 29,-204F &.kmuarY 14; X01.0