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Ord 09-10- -- - ORDINANCE NO. 09-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL DISTRICT", SUBSECTION (B), "PRINCIPAL USF,S AND STRUCTURES PERMITTED"; SECTION 4.4.13, "CENTRAL BUSINESS DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; SECTION 4.4.15, "PLANNED OFFICE CENTER DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; SECTION 4.4.16, "PROFESSIONAL AND OFFICE DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; SECTION 4.4.17, "RESIDENTIAL OFFICE DISTRICT", SUBSECTIONS (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS", TO SPECIFY AND CLARIFY MEDICALLY RELATED USES; AMENDING APPENDIX "A", "DEFINITIONS", TO ENACT REVISED OR NEW DEFINITIONS FOR "MEDICAL CLINIC", "MEDICAL LABORATORY", "MEDICAL OFFICE", AND "PROFESSIONAL OFFICES" PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach has the authority to protect the health, safety and welfare of its citizens; and WHEREAS, the City Commission of the City of Delray Beach has the authority to make regulations pertaining to land use and development within the City of Delray Beach; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on June 21, 2010 and voted 6 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 I~1?1,R~1Y BRACH, FLORIDA AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Article 4.4, "Base Zoning District", Section 4.4.9, "General Commercial District", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses and Structures Permitted: The following are allowed within the GC District as permitted uses, except as modified in the Four Corners Overlay District by Section 4.4.9(G)(3)(a). (1) General retail uses including, but not limited to: * ~ 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, appliances, bicycles, business machines, jewelry. (2) Business x~-,Professional, and Medical uses including, but not limited to: * a Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, business offices. professional offices, and medical offces. (3) Contractor's Offices, including but not limited to: * j~Air conditioning, general contractor, electrical, painting, and plumbing; however, any outside storage of materials is prohibited. (4) Services and Facilities including, but not limited to: * (~ 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, financing e.g. banks and similar institutions including drive-through facilities, laundromats limited to self-service facilities, pet groonvng, restaurants including drive-in and drive-through, OIZD No. 09-10 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). * ~ abused spouse residence with forty (40) or fewer residents, galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms and clubs, indoor shooting ranges, museums, libraries, newsstands, commercial or public parking lots and parking garages, theaters excluding drive-ins. (5) Dwelling units in the same structure as commercial uses provided that: commercial uses must be provided on the ground floor; commercial uses on the ground Floor must occupy no less than 25% of the total structure excluding square footage devoted to vehicular use; residential uses are not located on the ground level; residential uses and non-residential uses are physically separated and have separate accessways; and the residential density does not exceed 12 units per acre, except the Four Corners District which may have a free standing residential building as part of amulti-building unified master plan or the residential component ma}' be a part of a single mixed use building. The density of the Four Corners Master Plan shall not exceed 30 dwelling units per acre and is subject to the provisions under Section 4.4.9 (G)(3)(d)(4). (G) Astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers, subject to the locational restrictions of Section 4.4.9(H)(3). (7) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). Section 3. That Article 4.4, "Base "Coning District", Section 4.4.13, "Central Business District", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses 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, appliances, bicycles, business machines, jewelry. (2) Business, mil pProfessional, and Medical uses pursuant to restrictions set forth in Section 4.4.13(H)(1) including, but not limited to: ORD No. 09-10 (a) Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, business, medical, and 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 onl}', dry cleaning and laundry pickup stations, laundrotnats limited to self-sen~ice 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 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. Section 4. That Article 4.4, "Base "Coning District", Section 4.4.15, "Planned Office Center District", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses and Structures Permitted: '1'hc following types of use are allowed within the POC District as a permitted use: (1) Banks and financial institutions including drive-in and drive-through facilities. (2) Brokerage establish<:.er,ts, including watercraft, aviation, and motor vehicles but without on premises storage of items, except thin securities brokers may store securities brokered by them on the premises. (3) General bBusiness offices. (4) Computer and data management services, including the servicing of hardware. ORD No. 09-10 (4) Abused spouse residence lunited to Eorty (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 1, pursuant to restrictions set forth in Section 4.3.3(I). (8) Assisted Living Facilities. Section 7. That Article 4.4, "Base Zoning District", Section 4.4.17, "Residential Office District", Subsection (G), "Supplemental District Regulations", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (G) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.G shall apply except as modified and added pursuant to the following: (1) All uses shall be in completely enclosed buildings and any outdoor storage is expressly prohibited. (?) Parking required for business, medical. and professional offices shall be at the standard of one space per three hundred square feet of net floor area (1/300). However, this requirement may be reduced to 1/400, or at least by one parking space, when there is a mix of residential and office use in the same structure or for an existing structure on a property located within a designated historic district or an individually designated historic site. Section 8. That tlppendix "A", "Defiiutions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended as follows: Ml?DICr1L CLINIC An establishment where patients, not lodged overnight eseept for emergency treatment and observation, including_out-patient sur~cn~. are admitted for examination and treatment by one or more persons practicing any form of healing or medical health services. Such persons may be chiropractors, dentist, naturopaths, opticians, optometrists, psychologist, surgeons, or any other medical profession, the practice of which is lawful in the state. MEDICAL I ABORr1TORY• An c,tablishment whose primary role is the collection and/or testine of medical samples obtained from a medical office or on-site sampling of patients. MEDICAL OFFICE Shall mean ~ an office providing services to the public by physicians, dentists, surgeons, chiropractors, osteopaths, physical therapists, nurses, acupuncturists, podiatrists, optometrists, psychiatrists, (who are also know as health care practitioners) or others who are duly licensed to practice their respective professions in the State of Florida, as well as others, including but not lunited to technicians and assistants, who are acting under the supervision and control of a licensed health care practitioner. ~ ORD No. 09-10 .t (5) Medical offices (6~ Medical Clinics {~}~. Medical and dental laboratories. (~~ Professional offices. ~~ Photographic studios. ~9} 10 Real estate, insurance, accounting, travel arrangements and similar services. Section 5. That Article 4.4, "Base "Coning District", Section 4.4.16, "Professional and Office District", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the POD District as a permitted use. (1) Professional Offices such as accountants, architects, attorneys, chiropractors, dentists, engrineers, independent trustees, landscape architects, opticians, optometrists, osteopaths, physicians, psychologists, surgeons, and interior designers. (2) General Business Offices for businesses without outside storage of inventory or cqutpment. (3) Banks and Financial Institutions including drive-through facilities. (4) Finance, insurance, travel, and real estate services. (5) Medical Offices ~ . (6~ Medical Clinics Section 6. That ~~rticle 4.4, "Base Zoning District", Section 4.4.17, "Residential Office District", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the RO District as a permitted use: (1) Single family detached dwelling units. (2) Duplex structures. (3) Business, x~ pProfessional. and Medical offices. 5 ORD No. 09-10 PROFESSIONAL OFFICES A business that offers services to the public by those vocations in which professed attainments in special knowledge are practiced, as distinguished from mere skills, and shall be limited to those professions so classified by the Laws of Florida, and which are conducted as professions and not as a trade or other business, such as attorneys engineers architects, and other similarly licensed professionals. PROFESSIONAL OFFICES do not include offices for the treatment of animals on the premises. 'I'bis definition does not include a Medical Office. Section 9. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 10. That all ordinances or parts of ordinances in conflict herewith shall be, and the same are hereby repealed. Section 11. That this ordinance shall become effective immediately upon its passage on second and final reading. '1SSED AND ADOPTED in re ar session on second a final reading on """ day of ~~ , 2010. MAYOR ATTEST: ~\~ p \~'~+v City Clerk First Readin ~ ~ ~~~ Second Readin ~ ~ ~`~ ORD No. 09-10 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 7, 2010 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF JULY 20, 2010 ORDINANCE NO.09-10 (SECOND READING/SECOND PUBLIC HEARING) ITE__M BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing to consider city initiated amendments to the Land Development Regulations (LDR), Article 4.4, "Base Zoning District", Section 4.4.9, "General Commercial District", Subsection (B), "Principal Uses and Structures Permitted"; Section 4.4.13, "Central Business District", Subsection (B), "Principal Uses and Structures Permitted"; Section 4.4.15, "Planned Office Center District", Subsection (B), "Principal Uses and Structures Permitted"; Section 4.4.16, "Professional and Office District", Subsection (B), "Principal Uses and Structures Permitted"; Section 4.4.17, "Residential Office District", Subsections (B), "Principal Uses and Structures Permitted", and (G), "Supplemental District Regulations"; amending Appendix "A", "Definitions", to enact revised or new definitions for "Medical Clinics", "Medical Laboratory", and "Professional Offices". BACKGROUND At the first reading on July 6, 2010, the Commission passed Ordinance No. 09-10. RECOMMENDATION Recommend approval of Ordinance No. 09-10 on second and final reading. http://miweb001/CouncilAgenda/Bluesheet.aspx?ItemID=3483&MeetingID=265 7/26/2010 ORDINANCE NO. 09-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; SECTION 4.4.13, "CENTRAL BUSINESS DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; SECTION 4.4.15, "PLANNED OFFICE CENTER DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; SECTION 4.4.16, "PROFESSIONAL AND OFFICE DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; SECTION 4.4.17, "RESIDENTIAL OFFICE DISTRICT", SUBSECTIONS (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS", TO SPECIFY AND CLARIFY MEDICALLY RELATED USES; AMENDING APPENDIX "A", "DEFINITIONS", TO ENACT REVISED OR NEW DEFINITIONS FOR "MEDICAL CLINIC", "MEDICAL LABORATORY", "MEDICAL OFFICE", AND "PROFESSIONAL OFFICES" PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach has the authority to protect the health, safety and welfare of its citizens; and WHEREAS, the City Commission of the City of Delray Beach has the authority to make regulations pertaining to land use and development within the City of Delray Beach; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed teat amendment at a public hearing held on June 21, 2010 and voted 6 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 ~~1HEREt1S, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Corruivssion of the City of Delray Beach finds the ordinance is consistent with the Comprehensive flan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRr1Y BEACH, FLORIDA AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Article 4.4, `Base Zoning District", Section 4.4.9, "General Commercial District", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses and Structures Permitted: The following are allowed within the GC District as permitted uses, except as modified in the Four Corners Overlay District by Section 4.4.9(G)(3)(a). (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, appliances, bicycles, business machines, jewelry. (2) Business ,Professional, and Medical uses including, but not limited to: * ~a,~ Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, business offices, professional offices, and medical offices. (3) Contractor's Offices, including but not lirruted to: * ~t1ir conditioning, general contractor, electrical, painting, and plumbing; however, any outside storage of materials is prohibited. (4) Services and Facilities including, but not limited to: * ~ 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, financing e.g. banks and similar institutions including drive-through facilities, laundromats limited to self-service facilities, pet grooming, restaurants including drive-in and drive-through, 2 ORD No. 09-10 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 lirruted to bicycles, skates, boogie boards). * fib. Abused spouse residence with forty (40) or fewer residents, galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms and clubs, indoor shooting ranges, museums, libraries, newsstands, commercial or public parking lots and parking garages, theaters excluding drive-ins. (5) Dwelling units in the same structure as commercial uses provided that: commercial uses must be provided on the ground floor; commercial uses on the ground floor must occupy no less than 25% of the total structure excluding square footage devoted to vehicular use; residential uses are not located on the ground level; residential uses and non-residential uses are physically separated and have separate accessways; and the residential density does not exceed 12 units per acre, except the Four Corners District which may have a free standing residential building as part of amulti-building unified master plan or the residential component may be a part of a single mixed use building. The density of the Four Corners Master Plan shall not exceed 30 dwelling units per acre and is subject to the provisions under Section 4.4.9 (G)(3)(d)(4). (6) Astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers, subject to the locational restrictions of Section 4.4.9(H)(3). (7) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). Section 3. That Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business District", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the CBD District as a pernutted 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, appliances, bicycles, business machines, jewelry. (2) Business, ~ pProfessional. and Medical uses pursuant to restrictions set forth in Section 4.4.13(H)(1) including, but not limited to: ORD No. 09-10 (a) Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, business. medical, and 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 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 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. Section 4. That Article 4.4, "Base Zoning District", Section 4.4.15, "Planned Office Center District", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the POC District as a permitted use: (1) Banks and financial institutions includuig drive-in and drive-through facilities. (2) Brokerage establishments, including watercraft, aviation, and motor vehicles but without on premises storage of items, except that securities brokers may store securities brokered by them on the premises. (3) Getre~al l~Business offices. (4) Computer and data management services, including the servicing of hardware. ORD No. 09-10 (5) Medical offices (61 Medical Clinics {~r}~ Medical and dental laboratories. {~),(~. Professional offices. f 8}~9,~ Photographic studios. ~~ Real estate, insurance, accounting, travel arrangements and similar services. Section 5. That Article 4.4, "Base Zoning District", Section 4.4.16, "Professional and Office District", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the POD District as a permitted use: (1) Professional Offices such as accountants, architects, attorneys, chiropractors, dentists, engineers, independent trustees, landscape architects, opticians, optometrists, osteopaths, physicians, psychologists, surgeons, and interior designers. (2) General Business Offices for businesses without outside storage of inventory or equipment. (3) Banks and Financial Institutions including drive-through facilities. (4) Finance, insurance, travel, and real estate services. (5) Medical Offices (~. Medical Clinics Section 6. That Article 4.4, "Base Zoning District", Section 4.4.17, "Residential Office District", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the RO District as a permitted use: (1) Single family detached dwelling units. (2) Duplex structures. (3) Business, m~ pProfessional, and Medical offices. ORD No. 09-10 (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 1, pursuant to restrictions set forth in Section 4.3.3(I). (8) Assisted Living Facilities. Section 7. That Article 4.4, "Base Zoning District", Section 4.4.17, "Residential Office District", Subsection (G), "Supplemental District Regulations", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (G) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.G shall apply except as modified and added pursuant to the following: (1) All uses shall be in completely enclosed buildings and any outdoor storage is expressly prohibited. (2) Parking required for business, medical, and professional offices shall be at the standard of one space per three hundred square feet of net floor area (1/300). However, this requirement may be reduced to 1/400, or at least by one parking space, when there is a mix of residential and office use in the same structure or for an existing structure on a property located within a designated historic district or an individually designated historic site. Section 8. That Appendix "A", "Definitions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended as follows: MEDICAL CLINIC An establishment where patients, not lodged overnight except for emergency treatment and observation, including out-patient surgery. are admitted for examination and treatment by one or more persons practicing any form of healing or medical health services. Such persons may be chiropractors, dentist, naturopaths, opticians, optometrists, psychologist, surgeons, or any other medical profession, the practice of which is lawful in the state. MEDICr1L LABORATORY: An establishment whose primary role is the collection and/or testing of medical samples obtained from a medical office or on-site sampling of patients. MEDICAL OFFICE Shall mean ~t~ an office providing services to the public by physicians, dentists, surgeons, chiropractors, osteopaths, physical therapists, nurses, acupuncturists, podiatrists, optometrists, psychiatrists, (who are also know as health care practitioners) or others who are duly licensed to practice their respective professions in the State of Florida, as well as others, including but not limited to technicians and assistants, who are acting under the supervision and control of a licensed health care practitioner. ORD No. 09-10 PKOFESSIONAL OFFICES A business that offers services to the public by those vocations in which professed attainments in special knowledge are practiced, as distinguished from mere skills, and shall be limited to those professions so classified by the Laws of Florida, and which are conducted as professions and not as a trade or other business, such as attorn~~s engineers architects. and other similarly licensed professionals. PROFESSIONAL. OFFICES do not include offices for the treatment of animals on the premises. This definition does not include a Medical Office. Section 9. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 10. That all ordinances or parts of ordinances in conflict herewith shall be, and the same are hereby repealed. Section 11. 'T'hat dus ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of , 2010. ATTEST: NIr1YOR City Clerk First Reading Second Reading ORD No. 09-10 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Planning and Zoning Department THROUGH: City Manager DATE: July 1, 2010 ~1J$JF('"['; AGENDA ITEM 10. B. - REGULAR CO~~IMISSION MEETING OF JULI' 6, 2010 ORDINANCE NO. 09-1_OO~FIRST READING/FIRST PUBLIC HEAItINC) ITEM BEFORE COMM_ISSION The item before the City Commission is that of approval of aCity-initiated text amendment to the Land Development Regulations with the intent to clarify the "medical office" use, by specifically adding this use to multiple zoning districts based on current and past practices. BACKGROUND On October 20, 2009, the City Commission adopted Ordinance 50-09, which revised the definition of the term "Professional Office" to specify that the definition "does not include medical office." This revision created an unintended result, which was the exclusion of medical office uses in zoning districts where they had been previously permitted and allowed under the broader professional office use category. The following zoning districts will now specificly include the "Medical Office" use: ^ General Commercial ^ Central Business District ^ Planned Office Center ^ Professional and Office District ^ Residential Office In addition, the term "Clinic" is revised to "Medical Clinic," and additional changes are made to highlight the more expansive service, i.e., outpatient surgery allowed within these facilities. A new term "Medical Laboratory" and a corresponding definition are also included, as well as a revision to the "Professional Office" definition to include specific examples. Additional explanation and analysis is provided in the attached Planning and Zoning Board Staff Report dated June 21, 2010. http://miweb001/Agendas/Bluesheet.aspx?ItemID=3472&MeetingID=263 7/7/2010 Page 2 of 2 REVIEW BY OTHERS The Historic Preservation Board (HPB) reviewed Ordinance 09-10 at their May 5, 2010 meeting and recommended approval. The Pineapple Grove Main Street (PGMS) committee reviewed Ordinance 09-10 at their May 5, 2010 meeting and recommended approval. The Downtown Development Authority (DDA) reviewed Ordinance 09-10 at their May 11, 2010 meeting and recommended approval. The West Atlantic Redevelopment Coalition (WARC) reviewed Ordinance 09-10 at their May 12, 2010 meeting and recommended approval. The Community Redevelopment Agency (CRA) reviewed Ordinance 09-10 at their May 13, 2010 meeting and recommended approval. The Planning and Zoning Board reviewed Ordinance 09-10 at their June 21, 2010 meeting and recommended approval on a 6 to 0 vote. RECOMMENDATION By motion, approve Ordinance 09-10 on first reading by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the LDRs, with second reading to occur on July 20, 2010. http://miweb001/Agendas/Bluesheet.aspx?ItemID=3472&MeetingID=263 7/7/2010 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: JUNE 21, 2010 AGENDA NO: IV. B. ITEM: CONSIDERATION OF ORDINANCE 09-10 FOR A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; SECTION 4.4.13, "CENTRAL BUSINESS DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; SECTION 4.4.15, "PLANNED OFFICE CENTER DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; SECTION 4.4.16, "PROFESSIONAL AND OFFICE DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; SECTION 4.4.17, "RESIDENTIAL OFFICE DISTRICT", SUBSECTIONS (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS", TO SPECIFY AND CLARIFY MEDICALLY RELATED USES; AMENDING APPENDIX "A", "DEFINITIONS", TO ENACT REVISED OR NEW DEFINITIONS FOR "MEDICAL CLINIC", "MEDICAL LABORATORY", "MEDICAL OFFICE", AND "PROFESSIONAL OFFICES". ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on Ordinance 09-10 for aCity-initiated amendment to the Land Development Regulations (LDR) pertaining to Medical Office uses. 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. On October 20, 2009, the City Commission adopted Ordinance 50-09, which revised the definition of the term "Professional Office" to specify that the definition "does not include medical office." This revision created an unintended result, which was the exclusion of medical office uses in zoning districts where they had been previously permitted and allowed under the broader professional office use category. It is noted that while a reference is being added to specifically add "medical offices" to each of the following zoning categories, it is codifying current and past practices: ^ General Commercial ^ Central Business District ^ Planned Office Center ^ Professional and Office District ^ Residential Office Planning and Zoning Board Staff Report, June 21, 2010 Ordinance 09-10: Amendment to LDRs Regarding Medical Office Uses Page 2 In addition, the term "Clinic" is revised to "Medical Clinic," and additional changes are made to highlight the more expansive service, i.e., outpatient surgery allowed within these facilities. A new term "Medical Laboratory" and a corresponding definition are also included, as well as a revision to the "Professional Office" definition to include specific examples. The Board considered the subject Ordinance at its May 17, 2010 meeting where it was continued pending further clarification on the differences between "Medical Office", "Medical Clinic" and "Medical Laboratory" uses. In districts where there is a significant residential component such as RO, medical offices are permitted and they are determined to be less intense in contrast to medical clinics and laboratories. In addition, the primary function of the medical office is as an office which may provide limited laboratory and clinical services. The medical clinic will include office visits, customary of medical offices, however, would allow additional services including out-patient surgical procedures and/or treatment which does not require overnight lodging. The primary function of the medical laboratories is to collect medical samples either from a medical office or on-site and performing medical testing on these samples. Given the differences described above, these medical use categories have been individually specified in the appropriate zoning districts. Ordinance 09-10 is now before the Board for consideration. LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A thorough review of the Comprehensive Plan was conducted, and although the amendment is not found consistent with any specific policy, it is noted that this amendment is not inconsistent with the Plan. The Historic Preservation Board (HPB) reviewed Ordinance 09-10 at their May 5, 2010 meeting and a recommendation of approval was made. The Pineapple Grove Main Street (PGMS) committee reviewed Ordinance 09-10 at their May 5, 2010 meeting and a recommendation of approval was made. The Downtown Development Authority (DDA) reviewed Ordinance 09-10 at their May 11, 2010 meeting and a recommendation of approval was made. The West Atlantic Redevelopment Coalition (WARC) reviewed Ordinance 09-10 at their May 12, 2010 meeting and a recommendation of approval was made. The Community Redevelopment Agency (CRA) reviewed Ordinance 09-10 at their May 13, 2010 meeting and a recommendation of approval was made. Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council ^ Chamber of Commerce ^ (PROD) Progressive Residents of Delray ^ Del-Ida Park Neighborhood Association Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. Planning and Zoning Board Staff Report, June 21, 2010 Ordinance 09-10: Amendment to LDRs Regarding Medical Office Uses Page 3 Attachment: ^ Ordinance 09-10 7-vo-rte 2C 7HE PALM BEACH-POST • WEDNESDAY, JULY 14, 2010 NO, 53974458 CITY OF DELR~-1( E~EACH I NOTICE,OF. PROPOSED AMENDMENTS TO The City Commission of the Cily of Delray Beach, Florda proposes, fa.adopt the folbwing ordinances:..` R INANCE N0.09.-10 f1N ORDINANCE 0E 7HE; CITY COMMiSSiON OF THE CITY'OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL DISTRICT", SUBSECTION (B}, 'PRINCIPAL USES' AND STRUCTURES PERMITTED"; SECTKN~L 4:4.13; "CENTRAL BUSINESS DISTRICT"; SUBSECTION (8), "PRINCIPAL USES AND STRUCTURES PERMITTED";. SECTION 4.4.15, '°PLANNED OFFECf CENTER DISTRICT", SUBSECTION 18), "PRINCIPAL USES AND. STRUCTURES PERMITTED"; .SECTION 4.4.16; "PROFESSIONAL AND OFFICE DISTRICT", SUBSECTION (8); "PRINCIPAL USES-AND, STRI IC'TI IRFC GFDMITfFn".- ccrnni.~ -. r~~.. .,..~",,.~. ,_... TO ENACT REVISED OR NEW DEFINITIONS. FOR rlturtaJIUD1AL OFFICES" PROVIDING A`SAVING`CIAUSE i'A`GENERAI: REPEALER CLAUSE, AND AN EFFECTNE DATE. ORDINANCE NO 1T-TO AN ORDINANCE OF THE CITY COMMISSION OF .THE CITY OF DELRAY BEACH; FLC>RIDA; AMENDNG THE CTfY'S LAND bEVELOPMENT REGULATIONS; BY AMENDING ARTICLE 4:3; "DISTRICT REGULATI)NS, GENERAL PROVISIONS", SECTION 4.3:3;."SPECIAL.,REQUIREMENTS FC>R SPECIFIC USES"; SUBSECTION (O): "GUESPCnTTAGF°. eNti.a mcFrnrva :TION lD), BED AND ION 4.4:1 ntawa~l n.°,L ~xntt'1lcul: g151RICT", SUBSECTION ID), "CONDITIONAL USES.AND.STRl1CTURES ALLOWED"; AND' SECTION ':4.4.24, °OLl) SCHOOL SQUARE HISTORIC ARTS DISTRICT",.SUBSECTION -~B}, "PRINCIPAL USES AND STRUCTURES", TO CLARIFY'BED AND BREAKFAST INN USES; AMENDING APPENDIX "A°, "DEFINITIONS", TO ENACT REVISED DEFINITIONS FOR "BED AND BREAKFAST INN", AND "GUEST COTTAGE"; PROVIDING A SAVING CLAUSE; A GENERAL: REPEALER CLAUSE; AtVD AN EFFECTIVE DATE.. The City Commission will cdndud Mro (2) public Hearings Tor the purpose o£ accepting public testimony regprding the proposed ordinances:'The £irit Public Haarin~ wilt lie held on T~€SDAY JULY 6 20T O AT 700 p nn in the Commission 'Chambers at City Hall, 100 N. W: 1" Avenue, Delray Beach, Forida. IfYhe pproppsed ordinances-pre passed on Frst reading, a second Public Hearing will be held on TUESDAY Jl)LY 20 2010 AT TQO Pti' (or of any amtinuatiori of such meeting which is sei by the CommissionJ. in the Commiaian Chambers at Cihy Hall; 100 N. W: 1 ° Avenue, Delray Beach, Florida. All interested abiens'are mvded b aHend The public hearing's and comment upon fhw omnn"e,J .:.,Jo...,". _....L ..~-- ~urormanon ar ro obtain a. copy of the proposed ordinancesp please contact the Planning andZorting Department, .City Hall, 100 N.W. 1 ° Avenue, Delray Beach; Florida 33444 (email at pzmail~mydelray6each.com) pr 6y calling. 561/243'-7040, between they hours `oF' 8:00 a m Fond 5:00 p.m. Monday through Friday, excluding holidays. Please be advised that if a person decides to i}ppeal ariy decision made. by the City Commission with respect to.any matter considered at these hearings;•such person may need to enwre thot:avarbatim-record includes the testimony and evidence upon which The appeal is to be based. The Gty does noFprov(de nor prepare such record pursuant to E5: 286.0105: ' _ , CfIY OF DELR.4Y BEACH ' ~ , Cfievelfe D, NubinjCMC CityClerk' _ _ PUB: The Palm.Beach Post ::. June 28, & July 14; 20 i 0 :: "