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Ord 02-10AN ORDINANCE OF THE CITY DELRAY BEACH, FLORIDA, DEVELOPMENT REGULATIONS COMMISSION OF THE CITY OF .AMENDING THE ZAND OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.3.3{I}, "COMMUNITY RESIDENTL~L HOMES AND GROUP HOMES", SUBSECTION {4}, "CLASSIFICATIONS", TO UPDATE THE TABLE .PROVIDED THEREIN AND AMENDING SECTIONS 4.4.3, "SINGLE FAMILY RESIDENTIAL {R-1) DISTRICTS", SUBSECTION {D}; 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT {PRD) DISTRICT", SUBSECTION {B}; AND 4.4.12 "PLANNED C014iMERCIAI. {PC) DISTRICT, SUBSECTION{B}; IN ORDER TO CLARIFY THE ZONING DISTRICTS IN WHICH, C011!12VIUNITY RESIDENTIAL HOMES AND GROUP HOMES ARE ALLOWED AS EITHER PERMITTED OR CONDITIONAL USES AND AMENDING SECTION 4.6.9 "OFF-STREET' PARKING REGULATIONS", SUBSECTION (C} TO CLARIFY THE PARI~.ING REQUIREMENTS FOR COZ~M3NITY RESIDENTIAi. HOLIES AND GROUP HOMES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE 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 4 to 3 to recommend that the changes be denied; 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 not consistent with and does not fiuther 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 PL~nning and Zoning Staff Report; and ~~iER.EAS, the City Comu~.ission 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 DELItAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.3.3{I}, "Community Residential Homes and Group Homes", Subsection {4}, "Classifications", 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: {4) Classifications: {a) Group Homey Type 1: A group home of not more than six {6) unrelated residents. Such homes which satisfy the provisions of this section shall be allowed as a permitted use in the zoning distracts as outlined in Section 4.3.3(I}{4}{d}, provided, however, that no such home shall be located within a radius of 1,000 feet of another Type 1 group home or a community residential home. {b} Camrnunity Residential Home: Such homes which satisfy the provisions of this section shall be allowed as a permitted or conditional use in the zoning districts as outlined in Section 4.3.3{I}{4}{d), provided that such homes sha11 not be located widzin a radius of 2,000 feet of a community residential home or within a radius of 500 feet of a single family residential zoning district, {c) Group Home} Type 2: A group home which provides lodging or related services far fifteen {15) or more unrelated residents. Such homes which satisfy the provisions of this section shall be allowed as a permitted or conditional use in the zoning districts as outlined in Section 4.3.3{1){4}{d), provided however that such homes shall not be located within. a radius of 1,000 feet of a community residential home or group home, within a radius of 500 feet of a single family residential zoning district, or within a radius of 1,000 feet of a public or private elementary, middle or secondary school. {d) Community Residential Homes and Group Homes shaIl be allowed as a permitted or conditional use in the following zoning districts: Z O N' 1 N G` )D I S; :T :R I C T S ''I'XPE {1F RESIDENC R~' RL R1VI PRD H CBD, CF GC: ~ CBI}-i2C AD O S E' Group Home, . Permitted Permitted Permitted Permitted Permitted Nat Permitted Permitted Type l Perntted Perini ed Community Nat Conditional Nat Conditional Conditr`anal Conditional Conditional Conditional Residential Permitted permitted Use Permitted Use Use Use 1~ Home. .Group Home,- Nat Conditional of Conditional Conditional Conditional Conditional Conditional Type 2 Permitted Use Permitted Permitted Use Use Use Use Use Section 3. That Section 4.4.3, 'Single Family Residential {R-1) Districts", Subsection {D}, 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 ORD. N0.02-10 (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the Single Family Districts. (1) Child care and adult day care. (2) Churches, ar places of warship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses may be established by a separate conditional use application for child care or rezoning to C.F., as appropriate. 4.3.3(HHH}. (3) Private educational facilities subject to the restrictions set forth in Section (4) The use of common recreational facilities such as swimming goals and tennis courts, associated with a subdivision, far club ar commercial purposes. (5) Single family detached residences in zero lot developments but only in the R-1- A and R-1-AA Districts. Section 4. That Section 4.4.7, "Planned Residential Development (PRD) 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 fallowing 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 Faixily 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 j6~ Oroup Hame. Type 1 pursuant to restrictions set forth in Section 4.3.311. 3 ORD. NO.02-10 ., ection 5, That Section 4.4.12, "Planned Commercial (PC) 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 PC District as a permitted use, except within the Four Comers Overlay District which shall be pursuant to Section 4,49(G)(3}{a}: {1) All uses allowed as such within the GC District [Section 4.4.9{B){1) through {5} and ]. (2) Automobile brokerage, including vehicle display within an enclosed structure, but excluding any preparation, service, or repair work, Section 6 That Section 4.6.9, '"Off- Street Parking Regulations"' Subsection {C}(7}, 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: {7} Qther Uses: (a} Abused Spouse Residence: One space per sleeping room plus one space for each shift employee. {b} "~, Residential Licensed Service Provider Facilities, and Nursing Homes: Shall provide one space for each four beds. {e) Continuing Care: Facilities shall provide 1.5 spaces per unit. {d) Bed and Breakfast Inns Shall provide one per guest room and one for the managerJowner. {e} Hotels and Motels: Shall provide 0.7 of a space for each guest room plus 10 spaces per 1,000 sq.ft. of floor area devoted to ballrooms, meeting rooms, restaurants, lounges, and shops. {f) Broadcast Facilities and Communication Facilities: Shall provide 4/1,000 sq.ft. of gxoss floor area. {g) Bus Stations, Taxi Stations, and Train Stations: Shall provide 3J1,000 sq,ft, of gross floor area {including storage areas}. (h) Child Care and Adult Day Care: Shall provide 1 J300 sq.ft. of gross floor area. 4 ORD. N0.02-10 II (i) Caurts, Cou~rthauses and Related Facilities: Shall provide 1/154 sq.ft.(net) of courtroom space plus 1/250 sq.ft. {gross} of non-courtroom area, excluding walls, elevators, stairwells, and mechanical equipment areas. ~j} Funeral Haines: Shall provide 4/1,040 sq.ft. of gross floor area plus 4.3/each seat in the chapel, if any. (k) Marinas: Shall provide 5/1,000 sq.ft. of gross floor area of any building devoted to marina use plus 1 /slip. ,~1,} Cammuni~ Residential Haines and Graun Homes: Group Homes. Tie 1 sha]1 provide two spaces per dwelling unit. Community Residential Homes and Group Homes. Type 2 shall~rovide ane space for each four beds. Section 7. 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 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 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. That this ordinance sha11 become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in re;~ular session on second and final reading on this the 19TH dap of January, 2010. ATTEST City Clerk First Readin ~ ~ °~~`~ Second Reading- ~~ ~~'~~~ 5 ORD. NO.02-10 ORDINANCE NO. fit-1B AN ORDINANCE OF THE CITY COIVfMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.3.3(1), "COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES", SUBSECTION (4), "CLASSIFICATIONS", TO UPDATE THE TABLE PROVIDED THEREIN AND AMENDING SECTIONS 4.4,3, "SINGLE F~.MILY RESIDENTL°,L (R-1) DISTRICTS", SUBSECTION (D}; 4.4.7, "PLANNED RESIDENTIAL DEVELOPI~IENT (PRD} DISTRICT", SUBSECTION (B}; AND 4.4.12 "PLANNED COI~iMERCIAL {PC} DISTRICT, SUBSECTION(B); IN ORDER TO CLARIFY THE ZONING DISTRICTS IN ~THICH, COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES ARE ALLO~JED AS EITHER PERMITTED OR CONDITIONAL. USES AND AMENDING SECTION 4.G.9 "OFF-STREET PARKING REGULATIONS", SUBSECTION {C} TO CLARIFY THE PARKING REQUIREMENTS FOR COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES; 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 test amendment at a public hearing held on November 16, 2009 and voted 4 to 3 to recommend that the changes be denied; and WHEREAS, puxsuant to Florida Statute 163,3174(4}(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is not consistent with and does not further the goals, objectives and policies of the Comprehensive Flan; and ~THEREA.S, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHER.II.AS, the City Commission of the City of Dekay Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEIy;EFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set faith above are incorporated herein. Section 2. 'That Section 4.3.3{I}, "Community Residential Homes and Group Homes", Subsection (4}, "Classifications", 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: SECTION 4.3.3(I} COMMLTl~ITY RESIDENTIAL HOMES AND GROUP HOMES: (4} Classifications: (a) Grou~Home} Type 1: A group home of not more than six {6} unrelated residents. Such homes which satisfy the provisions of this section shall be allowed as a permitted use in the zoning districts as outlined in Section 4.3.3{I){4}(d), provided, however, that no such home shall be located within a radius of 1,000 feet of another Type 1 group home ar a community residential home. {b) Cornrnunri~ Residential Home: Such homes which satisfy the provisions of this section shall be allowed as a permitted or conditional use in the zoning districts as outlined in Section 4.3.3{I}(4){d), provided that such homes shall not be located within a radius of 1,000 feet of a community residential home or within a radius of 500 feet of a single family residential zoning district. (c) Group Horne, Type 2: A group home which provides lodging or related services for fifteen {15} or more unrelated residents. Such homes which satisfy the provisions of this section shall be allowed as a permtted or conditional use in the zoning distxicts as outlined in Section 4,3.3())(4)(d), provided however that such homes shall not be located within a radius of 1,000 feet of a community residential home or group Name, within a radius of 500 feet of a single family residential zoning district, or within a radius of 1,000 feet of a public or private elementary, middle or secondary school. (d) Community Residential Homes and Group Homes shall be allowed as a permitted or cantiitional use in the fallowing zoning districts: ,. _ y-: Z;.ONING. .;DTSTR.ICTS ,: `T'YPE OF'~°; `4' ~' .. , r ,, . ' RO , .. ~ .. ... . ; BESIDENC 1 RL RM PRD . , CBD, CF GG:. ~ BD=tG E ,: ,, . R- ,tJSSI3AD - Gtotip Home, A Not Not ,. 'I'p e l Permitted Permitted Permitted Permitted Permitted Permitted Permitted , p Permitted Permitted C~~Y'- Resrdenttal Not Conditional Permitted ~ Conditonal Use Conditional Conditional Conditional Conditional Permitted Use Permitted Use Use Use LJse Home Gtvop Home, Not Conditional P i d °t di i l Conditional Conditional Conditional Can i u al Type 2 Permitted Use erm tte Permitted Con ona Use t Use Use I_T~ Use S,,~ction 3. That Section 4.4.3, "Single Family Residential {R-1) Districts", Subsection (D), of the Land Development Regulations of the Code of C-rdinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: 2 QRD. NCI. 02-10 (D} Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the Single Family Districts. (1} Child care and adult dap care. {2} Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbariurn facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses may be established by a separate conditional use application for child care or rezoning to C.F., as appropriate. {3} Private educational facilities subject to the restrictions set forth in Section 4.3.3(HHH}. (4} The use of common recreational facilities such as swimming pools and tennis courts, associated with a subdivision, for club or commercial purposes. {5} Single family detached residences in zero lot developments but only in the R-1- A and R-1-AA Districts. coon 4. .That Section 4.4.7, "Planned Residential Development (PRD} 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 {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, pursuant to the regulations set forth in Section 4.3.3 (hIH}. (5} Assisted Living Facilities (6} Grou Horne, Type 1 pursuant to restrictions sit forth, in Section 4.3.3~I~;, 3 ORD. NQ, 02-10 Section 5. That Section 4.4.12, "Planned Commercial (I'C} 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 PC District as a permitted use, except within the Four Corners Overlay District which shall be pursuant to Section 4.4.9{G}{3}{a}: (1} All uses allowed as such within the GC District [Section 4.4.9(B}(1} through {5) and ]. (2} Automobile brokerage, including vehicle display within an enclosed structure, but excluding any preparation, service, or repair work. Section G That Section 4.6.9, '"Off- Street Parking Regulations"' Subsection (C}{7}, 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; (7} C3ther Uses: (a} Abused Spouse Residence: One space per sleeping room plus one space for each shift employee. {b} '~~, Residential Licensed Service Provider Facilities, and Nursing Homes: Shall provide one space for each four beds. (c} Continuing Care: Facilities shall provide 1.5 spaces per unit. (d} Bed and Breakfast Inns: Shall provide one per guest roam and one for the managerjowner. (e} Hotels and Motels: Shall provide 0.7 of a space for each guest room plus 10 spaces per 1,000 sq.ft. of floor area devoted to ballrooms, meeting rooms, restaurants, lounges, and shops. {f} Broadcast Facilities and Communication Facilities: Shall provide 4j1,000 sq.ft. of gross floor area. (g} Bus Stations, Tani Stations, and Train Stations; Shall provide 3j1,000 sq.ft. of gross floor area {including storage areas}, (h} Child Care and Adult Day Care: Shall provide 1 j300 sq.ft. of gross floor area. 4 ORD. NO.02-10 {i} Courts, Courthouses and Related Facilities: Shall provide 1/150 sq.ft.(net} of courtroom space plus 1f250 sq.ft. (gross} of non-courtroom area, excluding walls, elevators, stairwells, and mechanical equipment areas. (j} Funeral Homes: Shall provide 4/1,000 sq.ft. of gross floor area plus 0,5jeach seat in the chapel, if any. {k} Marinas: Shall provide 5/1,000 sq.ft. of gross floor area of any building devoted to marina use plus 1/slip. {ll Community Residential Homes and Grouu Homes: Group Homes. Tie 1 shall provide two spaces per dwelling unit. Community Residential Homes and Group Homes. Tvpe 2 shall t7rovide one space for each four beds. Section 7. 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 validitq of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. S~,ction 9. That this ordinance shall became effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 19~' dag of January, 2010. ATTEST City Clerk MAYOR First Reading Second Reading 5 ORD. NO. 02-10 Planning and Zoning Board Staff Report, November 1B, 2{}09 Amendment to LDRs Group Homes and Community Residential Homes Page 4 {4} The use of common recreational facilities such as swimming pools and tennis courts, associated with a subdivision, for club or commercial purposes. {5} Single family detached residences in zero lot developments but only in the R-1 A and R-1-NA Districts. Section 4,4.7 Planned Residential Development tPRDl 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} 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. (6},Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.311). Section 4.4.12 Planned Commercial lPC} Clistrict; (B) Principal Uses and Structures Permitted; 'the following types of use are allowed within the PC Qistrid as a permitted use, except within the Four Comers Overlay District which shall be pursuant to Section 4.4,9{G){3}(a}: {1} AI[ uses allowed as such within the GC District [Section 4.4.9(8}{1}through {5} and 7 . {2} Automobile brokerage, including vehicle display within an enclosed structure, but excluding any preparation, service, or repair work. Section 4.fi,9 Off-~5treet Parking Regulataons Subsection (C) Number of Parking Spaces Required {?} C}ther Uses: (a} Abused Spouse Residence: fine space per sleeping room plus one space far each shift employee. (b} A~:l='s, Residential Licensed Service Provider Facilities, and Nursing Homes: Shall provide one space for each four beds. (c} Continuing Care: Facilities shall provide 1.5 spaces per unit. Planning and Zoning Board Staff Report, November 16, 2009 Amendment to ~DRs Group Names and Community Residential Homes Page 5 (d} Bed and Breakfast Inns: Shall provide one per guest room and one for the managerlowner. (e} Hotels and Motels; Shall provide 0.7 of a space for each guest room plus 10 spaces per 1,000 sq.ft. of floor area devoted to ballrooms, meeting rooms, restaurants, lounges, and shops. {f} Broadcast Facili#ies and Communication Facilities: Shall provide 4/1,000 sq.ft. of gross floor area. (g} Bus Stations, Taxi Stations, and Train Stations: Shall provide 3/1,000 sq.f#. of gross floor area (including storage areas). {h} Child Care and Adul# Day Care: Shall provide 1/300 sq,ft, of gross floor area. {i} Courts, Courthouses and Related Facilities: Shall provide 11150 sq.ft.(net} of courtroom space plus 11250 sq.ft. (gross} of non-courtroom area, excluding walls, elevators, stairwells, and mechanical equipment areas. {j) Funeral Names: Shall provide 4/1,000 sq.ft. of grass floor area plus 0.31each seat in the chapel, if any. {k) Marinas; Shall provide 5!1,000 sq.ft. of gross floor area of any building devoted to marina use plus 1/slip. {I} Community Residential Names and Group Names: Group Homes, Type 1 shall provide #wo spaces per dwelling unit. Community Residential Homes and Group Hornes, Type 2 shall provide one soace for each four beds. __ _ --_~ -.-._ _ _ F~ ...` - l.DR Section 2,4.5{M}{51 (Findings}: Pursuant to I.DR 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 amendment is consistent with and furthers the Goals, flrbjectives and Policies of the Comprehensive Plan, Comarehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and the following applicable objective and policy were noted: Hauling Element Qbjective 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 City's demographic profile, and meet the housing needs of alt residents. Policies which will implement this objective include:° Policy 8-2.4 Foster care Names shall be permitted in all residential zoning districts. Community Residential Names and other group home facilities that are licensed by the state shall be a Planning and Zoning Boars! Staff Report, November 16, 2009 Amendment to LDRs Group Homes and Gommunity Residential Homes Page 6 permitted or cond~ional use in the Guy's residential zoning districts, based upon their size and level of intensity. The proposed amendment will further this Objective and Policy. Therefore, a positive finding can be made that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. The Pineapple Grove !'1+Irain Street committee reviewed the amendment at their November 4, 2009 meeting and recommended approval. The Downtown Development Authority (t}QA} reviewed the amendment at their November 9, 2009 meeting and recommended approval. The West Atlantic Redevelopment Coa/ifion (t+YARC} reviewed the amendment at their November 11, 2009 meeting and recommended approval. The Community Redevelopment Agency (CRAB reviewed the amendment at their November ~ 2, 2009 meeting and recommended approval. Courtesy Notices. Courtesy notices were provided to the following homeowner and civic associations: • Neighbofiood Advisory Council Letters of abjection and support, if any, will be provided at the Planning and Zoning Board meeting. _- - - - Pursuant to LDR Section 2.4.5~M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Gomprehensive Plan. As noted previously, this amendment is Ming initiated more for nconsistenc~' and "housekeeping° purposes although it will fulfill a specific Objective and Policy of the Comprehensive Plan. _ ~' -~~_ ~ ;, - ~ _~.. - Move a recommendation of approval to the City Gommission for acity-initiated amendment to Land Development Regulations as reflected in the attached Ordinance, 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: Proposed Ordinance Page 1 of Z ME1I~IORANDI:~~I TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: December 22, 2009 SUBJECT: AGENDA ITEM 14.C, - REGULAR COMN[ISS10N MEETING OF JANUARY 5.2014 ORDINANCE N0.42-14 (FIRST READING/F1RST PUBLIC HEARINGl ITEM BEF(JRE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulation pertaining to Community Residential Homes and Group Hames. BACKGROUND The proposed ordinance is to update the City's LDRs to achieve consistency with respect to the zoning districts where Group Hames and Community Residential Homes are allowed. The amendment deletes the reference to Level I Group Homes under the list of conditional uses in the R-1 zoning districts, since they are listed under permitted uses; adds Group Home Type 1 as a principal use within the PRD (Planned Residential Development}; adds Group Homes, Type 1 as a permitted use in the PC (Planned Commercial} zoning district; modifies the Zoning District Table in Section 4.3.3{T} to accurately reflect that Community Residential Homes and Group Homes, Type 2, are allowed as conditional uses in the PC {Planned Commercial} and CBD-RC (Central Business District-Railroad Corridor} zoning districts; establishes parking requirements for community residential homes and group homes; and deletes the reference to A.C.L.F's which was repealed by Ordinance 24-08. The amendment is proposed to rampart with Florida Statutes 419.001(2}, which states: "Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be deemed asingle-family unit and a noncommercial, residential use for the purpose of local laws and ordinances. Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be allowed in single-family or multifamily zoning without approval by the local government, provided that such homes shall not be located within a radius of 1,000 feet of another existing such home with six or fewer residents. Such homes with six ar fewer residents shall not be required to comply with the notification provisions of this secfiion; provided that, prior to licensors, the sponsoring agency provides the local government with the most recently published data compiled from the licensing entities that identifies all community residential homes within the jurisdictional limits of http:/lmiweb001lAgendasCBlueshest.aspx?ItenzID=2904&MeetinglD=228 11712010 Page 2 of ~ the local goverrunent in which the proposed site is to be located in order to show that no other community residential home is within a radius of 1,000 feet of the proposed home with six or fewer residents. At the time of home occupancy, the sponsoring agency must notify the local government that the home is licensed by the licensing entity." A detailed description and analysis of the proposal is contained within the attached Planning and Zoning Board staff report of November 16, 2009. ~tEVTEW BY QTFCERS The text amendment was considered at the Planning and Zoning Board on November 16, 2009. No one from the public spoke on the issue. The Board raised the following concern: Since one of the Departments that monitors these facilities is the "Agency far Persons with Disabilities" and residents of sober houses are considered "disabled", and since the Agency far Health Care Administration also licenses detoxification facilities, could these types of facilities then be allowed within the districts added by this ordinance. The Board also questioned if the proposed ordinance 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 on a 4 to 3 vote recommended denial (Connor Lynch, Joseph Pike, Al Jaquet and Cary Glickstein voting to deny), based on a failure to make positive findings of fact and law and finding that the request is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M){5}• In addressing the Board's concerns, as noted above, FS 419.001{2} states, "Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be deemed a single-family unit and a noncommercial, residential use for the purpose of local laws and ordinances. The addition of "Group Home Type 1" as a pemlitted use in the PRD comports with State Law. Further, the number of residents allowed within the Community Residential Hamel and Group Homes is dictated by FS 419.001 { 1 }{a) and 419.001 {2) and thus is not governed by the City's definition of "Family". Florida Statutes and the Land Development Regulations have established separation requirements between facilities which safeguards against their concentration in a specific area. The other proposed changes are to achieve consistency throughout the Land Development Regulations. The Board's concerns were subsequently evaluated by the City Attorney's office. The City Attorney's office has determined that the proposed ordinance is not in conflict with the recently adopted ordinances pertaining to "Transient Residential Uses" or the definition of "Family" and does not have any connection to sober houses. RECOl~?IMENDATIC3N By motion, approve on first reading Ordinance 02-10, 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. 02-10 Planning and Zoning Board Staff Report of November 16, 2009 http:/lmiweb0011AgendaslBluesheet.aspx?Iterr~ID=2904&MeetingID=228 1!712010 ~_'~~ ~ -y- ,PT~iNINNDNIN~BgA~ STAFF R~I~UR7 MEETING DATE: NOVEMBER 16, 2009 AGENDA NO: V,B AGENDA ITEM: CONSIDERATION OF A CITY-IN11'IATED AMENDMENT TQ LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 4.3,3{I}, "COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES", SUBSECTION {4}, "CLASSIFICATIONS", TO UPDATE THE TABLE PROVIDED THEREIN; AMENDING SECT"IONS 4.4.3, "SINGLE FAMILY RESIDENTIAL {R-7} DISTRICTS", SUBSECTION {D}: 4.4.7: "PLANNED RESIDENTIAL DEVELOPMENT (PRD} DISTRICT", SUBSECTION (B}; AND 4.4.'12 "PLANNED COMMERCIAL (PC) DITRICT", SUBSECTION {B} IN ORDER TO CLARIFY THE ZONING DISTRICTS IN WHICH GROUP HOMES AND COMMUNITY RESIDENTIAL HOMES ARE ALLOWED AS EITHER PERMITTED OR CONDITIONAL USES AND AMENDING SECTIQN 4.6.9 "OFF-STREET PARKING REGllLAT1ONS", SUBSECTION {C} TO CLARIFY THE PARKING REiQUIREMENTS FOR COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES. ____ _~ The item before the Board is to make a recommendation to the Gity Gommission regarding a City-initiated amendment to the Land ©evelopment Regulations pertaining to Group Homes Type 1, Group Homes Type 2 and Community Residential Homes. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may nat be made until a recammendation is obtained from the Planning and Zoning Board. The proposed ordinance is to update the Gity`s LDRs to achieve consistency with respect to the zoning districts where Group Homes and Community Residential Homes are allowed. The amendment adds Group Hame Type 1 as a principal use within the PRD {Planned Residential Development) zoning district and clar~es where Community Residential Homes and Group Homes, are allowed as permitted or conditional uses within the Zoning District Table in LDR Section 4.3.3{i}. LDR Section 4.3.3{I}{3}{b) defines Gommunity Residential Home as, as dwelling unit licensed to serve clients of the Department of Elderly Affairs, fhe Agency far Persons with Disabilities, the Department of Juvenile Justice; or Department of Children and Family Services, or a dwelling unit licensed by the Agency for Health Care Administration, which provides a living environment for 7 to 94 unrelated residents who operate as the functr'onal equivalenf of a family, including such supervision and care by supportive sfaff as maybe necessary to meet physical, ernotionaJ, or social needs of the residents. Group Hame is defined in LDR Section 4.3.3{I}{3){c} as, °a home, and/or a building or pan` (hereof, or group of buildings, which has either less than seven {7J residents or more fhan Planning and Zoning Board Staff Report, November 16, ZOQ9 Amendment to LDRs Group Homes and Community Residential Homes Page 2 fourteen (?4) residents and which is licensed to serve clients of the Department of Elderly Affairs, the Agency for Persons with Disabilities, the Department of Juvenile Justice Department of Children and Families, or the Agency forNealth Care Administration." The LDRs distinguish two types ofi group homes-Group Home Type 1 is a group home afi not more than six {6} unrelated residents and Group Home Type 2 is a group home that provides lodging ar relates services far frfteen or mare unrelated residents. Currently, Group Homes Type 1 are allowed in all residential zoning districts except the PRD (Planned Residential Development} district_ The amendment adds Group Hame, Type 1 as a permitted use in the PRD zon'sng district. The proposed change is to comply with State Law which requires that Group Homes, Type 1 (six or fewer residents} be allowed in all residential zoning districts. FS ~?9.009(2) states, "Homes of six or fewer residents which othernise meet the definition of a community residential home shall be deemed a sfigle-family unit and a noncommercial, residential use far the purpose of local laws and ordinances. Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be allowed in single- family ormultifamily zoning without apprava/ by the local government, pravided fhaf such homes shall not be located within a radius of ?,000 feet of another existing such home with six or fewer residents. Such homes with six or fewer residents shall not be required to comply with the notification provisions of fhfs section; provided fhaf, prior to Ifcensure, the sponsoring agency provides the local government with the most recently published data compiled from the licensing entities fhaf identifies all community residential homes within the furisdfcfional limits of the focal government in which the proposed site is to be located in order to show that no other community residential home is within a radius of 9,000 feet of the proposed home wifh six or fewer residents. At the time of home occupancy, the sponsoring agency must notify the local government that the home is licensed by the licensing entity." The proposed amendment deletes the reference to Level I Group Homes under the list of conditional uses in the R-1s zoning district since they are listed as allowed under permitted uses, and adds Group Homes, Type 1 as a permitted use in the PC (Planned Commercial} zoning district similarly to the GC (General Commercial} zoning district. Other housecleaning items include modifying the Zoning District Table in Section 4.3.3(1} to accurately n:flect that Community Residential Homes and Group Homes, Type 2 are allowed as conditional uses in the PC {Planned Commercial) and CBD--RC (Central Business District Railroad Corridor} zoning districts. Finally, the ordinance establishes parking requirements for community residential homes and group homes and deletes the reference to A.C.L.F's which was repealed via Ordinance 20-08. Followinra are details of the chances: SECTION 4.3.3 SPECIAL REQUIREMENTS FOR SPECIFIC USES Within LDR Section 4.3.3 Special Requirements for Specific Uses, the proposed ordinance modifies the Zoning District Table in Section 4.3.3(1}(4} "Classifications" The Zoning District Table as currently listed in the LDR's is noted below as Exhibit °A" Planning and Zoning Board Stall Report, November `t6, 2009 Amendment to LDRs Group Homes and Community Residential Homes Page 3 Pxhibit °A° - ~,.. ~ , _. .,_ . ,, -- ~ _.~ _._ _ -~,,w_; ~`=^ ..~`YPi= QF A, RR, -. RL _: RNf_ RO, CAD, CF ~. - GC ~.~; _ Group Nome, ; Permitted Permitted Permitted Permitted No# Permitted T e 1 - ~` Permitted mmunlty Not Conditional Permitted Conditional Condition Conditional ~'Esidentiai Name - - Permitted Use Use al Use Use ~ti~ ~~ - Gra~~t~Qme, r Not Conditionai Permitted Conditional Condition Conditional .:yW ma k. vim; Z+!'~ i TTLL `'~'~~ ~_ •t+-'~ Permitted Use Use al Use Use The Table below shows the proposed changes as underlined below. " . K T1lF'L'~51' =,RE51~Chl~i ~I4u}~ Naf4= ~-~YPe ~ _ ~~ ~;. Gotn~unity = ftes ~-~~ - ~~ _ ~°~ f ~~~p t:}r.~=' _ -,., _~ .:. _.._... ..... ~... ~'-~ ~~ ~t `- -;- ft M ~.~ P R n ~ SH ~ C H [], ~ P- _ ~~ F~~" ~. ~ C B Q F~ _ ___ __ .. .A .; h ~.~ Permuted Permitted Permitted ermined Permitted Pem7ltted Pew Perm' ~ ermrtted t'_- Nat Conditions! Peed Not Cond$iona! Conditional Canditiana! Conditional Conditlana! Permitted Use Perrrtltted Use Use Use Use Nat Canduionai Pemtlited ' Carxluianal Conditions! CanduEonal Conditianat Canditianal Pemtiitted Use Perm Use Use Use Use The following additional changes are proposed to the R-'ls (Single Family Residential), PRD {Planned Residential Development), and PC {Planned Commercial) Zoning Districts and Section 4.6.9 °Uff-Street Parking Regulations". Section 4.4.3 Sina,,,le Family Residential (R-1# Districts: {D) Conditional Uses and Structures Allowed: The following uses are aClowed as conditional uses within the Single Family Districts. (~) Child care and adult day care. (2) Churches, or places of worship, and their attendant educational, nursery, Sunday schools recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; ' however, such uses may be established by a separate conditional use application far child care ar rezoning to G.F., as appropriate. (3) Private educational facilities subject to the restrictions set forth in Section 4.3.3{HHH) Page 1 of 1 ~EMOF:AI~~DUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE; January 7, 2010 S~(J$JEC'r; AGENDA ITEM 10.D. -.REGULAR CQMMiSSION MEETING OF 3AIYUARY 19.2010 ORDINANCE NO.02-lO~SECOND READIN~lSECOND PUBLIC HEARING) ITEM BEraRE COMMIssION This ordinance is before Commission for second reading and public hearing for an ordinance to consider acity-initiated amendment to the Land Development Regulations (LDR) pertaining to Conununity Residential Hornes and Group Homes. BACKGROUND At the first reading on January 5, 2010, the Commission passed Ordinance No. 02-10. RECOMMENDATION Recommend approval of Ordinance No. 02-10 an second and final reading. http:JlmiwebOQ1/AgendaslBluesheet.aspx?ItemiD=2935&MeetingID=230 2!212010 Wynn, Kimberly From: Wynn, Kimberly Sent: Thursday, December 17, 2009 9:26 AM To: Allen, Jasmin Subject; RE: Request for Ordinance nos Jasmin, Since these ordinances will not go before Commission before 2010 I need to reassign their numbers. Please see the new numbers below, Thanks Kim From: AI(en, Jasmin Sent: Tuesday, December 15, 2009 11:18 AM To: Wynn, Kimberly Subject: RE: Request for Ordinance nos Yes ~a~mirt ~lll~n, ~l~nrz~r ~ify of ~}~Iray ~Qa~h i~~ [~tR? t~f ~iv~nu~, ~s~lray ~z~~h, ~I 334~~4~ f56~124~3-7Q44~ From: VNynn, Kimberly Sent: Tuesday, December 15, 2009 11:09 AM To: Allen, Jasmin Subject: RE; Request for Ordinance nos Is this for the January 5th meeting? From: Allen, Jasmin Sent: Tuesday, December 15, 2009 10:40 AM To: Wynn, Kimberly Subject: RE: Request for Ordinance nos Thank you ~a~mir~ fil~lszr~, ~Jiar~nizr pity of ~~(ray ~~a~h t~t~ h~V~1 tit ~lv~nu~, ~~Iray ~sz~~t~, ~I 33~~~ (pct}2~.~-z~~ From: Wynn, Kimbedy Sent: Tuesday, December 15, 2009 10:40 AM To: Allen, Jasmin Subject: RE; Request for Ordinance nos rFrom: Allen, Jasmin Sent: Friday, December 11, 2009 4.27 PM To: Wynn, Kimberly Subject: Request far Ordinance nos Hi Kim, Please assign ordinance numbers for the following: A. Cityr-initiated amendment to Land Development Regulations, by amending Sections 4.4.1 "Agriculture (A} District", Subsectian {B}; 4.4.2 "Rural Residential (RR} District", Subsectian (B}; 4.4.3, "Single Family Residential {R-1 } Districts", Subsectian (B}; 4.4.5, "Low Density Residential (RL} District", Subsectian {B}; 4.4.7, "Planned Residential Develapment {PRD} District", Subsectian {B}; 4.4.13 "Central Business {CBD} District", Subsectian (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}", Subsectian (B}, in order to clarify the zoning districts in which Assisted Living Facilities or Continuing Care Facilities are allowed as either permitted or conditional uses; amending Section 4.6.9 "Off-Street Parking Regulations", Subsectian (C}, to clarify the parking requirements far Assisted Living facilities; and, amending Appendix "A" "Definitions" by providing an updated definition of "Assisted Living Facility" and "Continuing Care Facility". ~;uH~-~~e:-6~-~I~S {QRD NtJ. Q1.10) B. City-initiated amendment to Land Development Regulations, by amending Section 4.3.3(1}, "Community Residential Homes and Group Homes", Subsection (4}, "Classifications", to update the table provided therein; amending Sections 4.4.3, "Single Family Residential (R-1} Districts", Subsection {D}; 4.4.7, "Planned Residential Develapment (PRD} District", Subsection (B}; and 4.4.12 "Planned Commercial {PG} District", Subsection {B); in order to clarify the zoning districts in which Community Residential Homes and Group Homes are allowed as either permitted or conditional uses and amending Section 4,6.9 "Off-Street Park"sng Regulations", Subsection (C} to clarify the parking requirements far Community Residential Homes and Group Homes. ~i~'E~~a:-S (ORD NO. 02-1 Q} Thanks ~a~min ~Iltzr~, p1an~~szr pity cif ~s~lr~y ~sza~l~ i~~ ~L~ tit `(~v~zr~u~?, ~~,Iray ~~za~l~, fal 3~4~4~~ ~~~7)2~~M~~~~ 2B " ~E PAtM ~~F+CH POST c• TUESDRY, DECE1v?BER 29, 200~~ X10. ~9~3OO6R " = - ~I~Y C~~,~ ~Y BEACH `t ~VQI'~~E OF PR05~DAMEND~IENT5 T~: THE I~tND Df1L~~~I~T REGUTATIONS.~ , ~-r~, ,y c~,„t,~~„ or ~ Cry ~ ~y se~~,; Hcx,da,:pro~xuuus to ac~l . ~; ~< ~1is{g)k7;vingcrc~ir~ces ~~ Q~ N~ Ol1Q '~ ~1'~f ~RC{t~1rCE OF 7r-~ QtY ~~",1SShGy CF iT~IE CTrY CF QriF.AY ,; '; BE,t~G~(r~IGR~A, /VM+4E~11;11~1vThE [;4ND•DEV~1E'~N,E~(T REt~.~A7iCl~l.` ,~_e"fFI~YQjI' OF DELR9Y.BEP,GEf, $Y AhL~dNG SECpONS 4d:1` =-"'AC-RI~~IiRE iAI Z~IE CSTRIi:T, S~JBSECirOt~ fB}' 4 4 ,'AURAL ` !~fSIgEN[IAl.4F~R} ,ZG.'~;DlSTRiCT!, SIJBS~CTk''N (BIt~-~4 d 3 'S;tuGlE= ~~~ FAIv~1~ ~~51DEIVTIAI ,{R-1} : Dl5iRiCT$°, ~-5{iB ~SP'i1ON J~)_ ~dd:.5, . °` 'LCiW bENSf(Y. RkSlDEM1At lPal,DiS~R}CF",:5U6SECT1ON'iB}; 4x1.7,: 'PtAh;~i7'RESIDEt~~ DfYEC~phfEM ~PRD) DISTRKE', 5f18~11C~J ~; (6!,'d:~d I3,~ "~C~EC~.~fF~ Bt.tSNESS'(C~D} D`SiR1CF'; ~Up~SEG1;~1 tBl;~ ~, 4.d:I''RESIbEN11~1LCEFLE'iR~}DISTRICT'SU@SECTrv`N?B};~f:~f.~l, ~~~CM,MUNfTYFAGt[JTIES iC}7 DiS~CT",;SIiGSECTfC?N [6}; 4.4.2d; "CID,= ~~ S~"1 fC~QL SCIUARE H1ST~RiC; A:ZTS D1STR~: ~OSSHAi)}„ ~St1BSKT0i~. .~ (¢~~}~riN C~RDER_~G CIARIFY1HE ZC~!(NG DiSTRIC(S WW}ilCl{AS$I5~} ~^: ~~: "UYIr;fG -gC~j1E5 ARE ~!N'E-D"AS P~MfTTED USES,,;AMFa'JD;t~ ~ .~ SEC1iC.,~! 4.6.F "G~F`S]REEi'_<aARKING REG{1~VlOt~1S", SSECi~G'~ '. '.~~}, Td CLARIFY TNf PARf~NG RE~`'U~REMFtJTS FOR ASSISTED (~'VJNG .,. FAWTiES,' A1~1 A~NEND1hG -APFET~(D~ .:~A , , '0_EF~1`;TT~f)i`LS", ,;Q PROy1DE U~ATFD DETiNIrONS FQP,,A55-t57H7 LEV9`iv FAt~Il3''(r'M!(5' :.~ C'G3vT!NUII~iG,.CA.RE~ FAGIFITY"; FRC?V1D1NCr~~A SAVN'J('r C~Ef$~, A~ G1=NERAL REPfi~ER OUSE; ~ ~v;ErrFECTEYE DATE : - - .•A1~1- NAND OF' ~}iE C1FY 'COtrVrU55t:~! Of;,7H(< CTfY. 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" APPENCUC '~A'~=~Dc'T~ivitK:~~1S"r ~rTO EN.;-FQR.,4S~$T€L~ W~;G FAGUITY,~AIJD 7", :PROYI~I?`IG _ A 5A~1NG CtAU~,~ A AF+D.?N.ETFftTiYE CA) E. YA~{.~~.4? ~Q - CIiY C0.'v',MlSS;LkJ 'CF THE GT'! "Of :1~`AB~ICNPly FFiE LAND DEVEIQPhnEI`Fj. Y ~<DEIRAY EcA~ N, BY A,44'3~J,"~!N~ UfJY_RES!D i '~h~C~,41ESAN(?~GRvi1P I~SSIF'~CATIO;~JS';-TQ UPDATE T}!E TABLE NG ~E{T~NS 4 k 3 :`SINC3LE FgkULY ~SE1BS~f}OJ1's @} Q.4r7 -!`?d>JED RD).-D1~TRICE`;`~~K'I1Cli~: (Rl~ thfD Z T \1 J ~~ ~a .. f" Eroiitw' i, F~r~~ -_' ai~~-~g~ TJ24.i-~04D~, i~orx'ay t~rot,g$i FndaY ex~ Pietas Ee a¢~i~d mat if~t G`y Gcm~rurcii wrtt n Ix~..on'may razed to eruur~s widei,ce u.,ori w}i ch ~e a~ nor F'mix'~ sJt;S recl~ci~a PU6:The Pa'mBecch Pcst' ~~ ~~~ PUaIC f10Cf1f1~S ~x7 CO(i;'11~f1f If COfINT'£-~f5:-!f! viili~iig; Oh Of ~n9 ~ z~;~~ n~,1;. -- ~;Ciy~f, T00NW,1°A~ue,~ ~} ~ 5~i~~CA a~~m Sa~O p m,, b `} Qrty decision mace ~~ tine iara~ns+dered ct'4,esa t~anngs; ~,d1' word incites ~e iestirr,acrj'dad.. ~: !,Ti?e City: dons not {itrn~cle CifY Oi~ DEER~Y B~aCH Che++4b~ D Nubia; ` >~ Czy Clef:' ~)~ v~