Ord 23-10ORDINANCE NO. 23-10
AN ORDINANCE 01~ THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING 1'HE LAND
DI;VELOPMF_,NT REGULr~"i'IONS OF THE CODE OF ORDINANCES,
BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR
SPECIFIC USES", BY ENACTING A NF.W SUBSECTION (KKI<) TO
ES'T'ABLISH REGULATIONS FOR LIVE/WORI{ UNITS; BY
AMENDING S1?C"PION 4.4.12, "PLANNED COMMERCIAL (1'C)
DIS'1'RIC'I"', SUBSEC"PION (D), "CONDITIONAL USES AND
S'I'RUC"1'URES ALLOWED"; SECTION 4.4.13, "CEN'T'Rr1L BUSINESS
(CBD) DISTTRICT", SUBSECTION (D), "CONDITIONAL USES AND
S'1'RUC"1'URES ALLOWED"; AND SECTION 4.4.29, "MIXED
RI?SIDENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT",
SUBSECTION (1?), "CONDITIONAL USES AND STRUCTURES
AI.LOWL:D" TO ALLOW LIVE/WORK UNIT'S AS A CONDITIONAL
USI?; AND BY AMENDING APPENDIX A, "DEFINITIONS" 'T'O
PROVIDE. A REVISI?D DI?FINTTION FOR "LIVE/WORK UNIT";
PROVIDING A SAVING CLAUSI~., A GENERr1L REPEALER CLAUSE,
r1ND AN EFFECTIVE DATE?.
WHEREAS, pursuant to LDR Section 1.LG, the Planting and Coning Board reviewed the proposed
test amendment at a public hearing held on )uly 19, 2010 and voted 5 to 0 to recommend that the changes be
approved; and
WHF.1ZE11S, pursuant to Florida Statute 163.3174(4)(c), the Planning and toning 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
WHI?REAS, 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, 'THEREI-FORE, BE IT ORDAINED BY THE CITY COMMISSION OF "1'HE CI'ly Of~
DI?I,RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. "That the recitations set forth above are incorporated herein.
Section 2. That Article 4.3, "District Regulations, General Provisions", Section 4.4.3, "Special
Requirements for Specific Uses", of the Land Development Regulations of the Code of Ordinances of the City
of Delray Beach, Florida, be and the same is hereby amending by enacting a new Subsection (KhK) to read as
follows:
4.3.3.(ILhK) Live/Work Units
(1 General
~, The occupant of the residential unit must be the proprietor or owner of the business that
occupies the nonresidential portion of the buildint<.
(b) Only one (1) additional employee may work at the business.
(c) Residential a~pearancc must be maintained.
(d) Unh~hted signage with a ma~:imum of 2 SF is permitted.
(e) "1'he I ive/Work Unit must face either a public or private street that has available on-street
arkin T.
~, May onle bc~ermitted with new development a~rovals, or modifications to approved site
Mans for buildings that have not begun construction.
~ The non-residential use must be internally connected to the residential unit and must also
provide direct access from the public sidewalk adjacent to the street.
(h) The I ive-Work Unit shall meet the Florida Buildin~T Code reduirements at the time of
construction for mixed occupancy buildings.
(i) Access to all I ive-Work Units shall be clearly identified in order to provide for emergency
scrvtccs.
(2) Allowed Non-residential uses. Live-Work Units may include the following non-residential uses:
~ Business services includin~> but not limited to• commercial artist photography, computer
programmin€T det,_ ective agency, editin-g/nro~g, mail service paralegal, photocopying service secretarial
service, telemarketing service.
fib) Personal Services including but not limited to• alterations/dressmaking barber/beauty shop,
income tai service locksmith, shoe shine and repair tailor shop massage pedicure photographic studio
Isubj<ct to 4 3 3 KILIt(4)(d)l, facials and fortune teller or similar if geographically allowed by the I,DRs.
(~ Professional Services, including_ but not limited to: tide company, accountant, insurance
adjusters advertising office, appraiser architect attorney., auditor, broker, contractors office (no construction
materials permitted, stenogranh_, ers engineers office interior decorating, loan company, model agencies, notary
public office real estate sales/management stock exchanges, travel agency.
~) Fabrication of arts and handicrafts, with retail sales limited to materials fabricated by the
owner/proprietor. i
Interim Residential Use.
ORD. NO. 23-10
(1) Residential use is permitted in the approved non-residential portion of a Live-Work Unit.
(b) Prior to the issuance of a Business Tax Recei~ for an approved non-residential use within the
I ive-Work unit the applicant shall apply to the City for a change in use and indicate that the unit was
previousl~desi~mated as a Live-Work Unit as part of a development approval.
~L~pcration.
~ "l'he net area devoted to an approved non-residential use shall be a maximum of 200 sd. ft.
The "net area" means all areas not utilized for stairways vestibules, hallways, closets bathrooms, and 17,arages.
(}~) Onc hundred percent of the building's net area above the ground floor shall be desi)Tnat~as
residential.
(c) "I'he non-residential use of a I ive-Work l?nit ma~~ operate only from 8:00 AM to G:00 PI~1;
deliveries are limited to between 9:00 AM to 6:00 PM.
(d) Non-residential uses creating industrial-type impacts such as those that involve processes that
generate significant amounts of heat reauirc the use of heavy machinery loud speakers bells or emit gases,
fumes and/or smoke or that create a nuisance (i e ,noise odors and/or vibration) are prohibited.
Section 3. `l hat Article 4.4, "Base Zoning District", Section 4.4.12, "Planned Commercial (1'C)
District", Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations
of the Code of Ordinances of the City of Delray Beach, r'lorida, be and the same is hereby amended to read as
follows:
(D) Conditional Uses and Structures Allowed: "1'he following uses are allowed as conditional uses
within the PC District except as modified in the Lindell/Federal (Redevelopment Area #G) Overlay District and
the Silver "1'crrace Courtyards Overlay District by Section 4.4.12(G) and within the Four Corners Overlay
District which shall be pursuant to Section 4.4.9(G)(3)(c) and subsection (5) below:
(1) All uses allowed as such within the GC District Section 4.4.9(D)].
(2) Playhouses, Dinner Theaters, and places of assembly for commercial entertainment
purposes (e.g., concerts, live performances)
(3) Private schools and other similar educational facilities, subject to Section 4.3.3(HHH).
(4) Adult Gaming Centers.
~,1 Live/Work Unit, subject to 4.3.3(IiKIh).
Section 4. That Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD)
District", Subsection (D), "Conditional Uses and Structures Allowed", 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
ORD. NO. 23-10
follows:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses
within the CBD District:
(1) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section
4.3.3(D).
(2) Amusement game facilities limited to such uses as pinball, air hockey, electronic games,
and other similar coin operated games when an attendant is on duty.
(3) Child care and adult day care.
(4) Financial institutions, e.g., banks and similar institutions including drive through
facilities pursuant to restrictions set forth in Section 4.4.13(H)(1).
(5) Funeral homes including accessory uses, such as, a chapel, crematory, and the like.
(6) Gasoline stations or the dispensing of gasoline directly into vehicles, except that such
use shall not be allowed in the West Atlantic Neighborhood, the Beach District, nor on lots which front along
,ltlantic :venue or N.L. 2"`' .venue (a/k/a Pineapple Grove Way), beginning at a point 105' south of N.E. 4'`'
Street.
(7) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature
golf courses, skating rinks.
(8) Veterinary clitucs.
(9) Movie theaters, excluding drive-ins.
(10) Playhouses, dinner tlleaters, and places of assembly for commercial entertainment
purposes (e.g., concerts, live performances).
(11) Flea markets, bazaars, merchandise marts, and similar retail uses.
(12) Wash establishment, with automatic/mechanical systems only, for vehicles, except that
such use shall not be located east of the Intracoastal Waterway or on lots which front along Atlantic Avenue.
Further, this use must be established on property with a minimum lot area of 20,000 sy. ft.
(13) Multi-family dwelling units, excluding duplexes, at a density greater than thirty (30) units
per acre, on property located south of N.l?. 2nd Street and north of S.E. 2nd Street, subject to the standards
and limitations of Section 4.4.13(I).
(14) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set
forth in Section 4.3.3(I).
4 ORD. NO. 23-10
(15) Restaurants, Cocktail Lounges, l Iotels, and Residential 'Type Inns nay provide their
required parking as valet parking, subject to the provisions of Section 4.G.9(I~)(3).
(16) Drive-in or drive-through restaurants on property located within the West Atlantic
Neighborhood.
(17) Hotels, motels, bed and breakfast inns, and residential-type inns on property located
within the West Atlantic Neighborhood.
(] 8) Free standing or mixed-use residential development at a density greater than twelve (12)
units per acre, but not exceeding 30 units per acre, on property located within the West Atlantic
Neighborhood, subject to the standards and limitations of Section 4.4.13(I).
(19) Bed and Breakfast Ines, subject to the provisions of I.DR Section 4.3.3(1.
(2U~ Live/Work Unit, subject to Section 4.33 (Khh).
Section 5. 't'hat Article 4.4, "Base Zoning llistrict", Section 4.429, "Mixed Residential,
Office and Commercial (I~IROC) District", Subsection (E), "Conditional Uses and Structures
Allowed", of the Land Development Regulations of the Codc of Ordinances of the City of Delray
Beach, l~lorida, be and the same is hereb~~ amended to read as follows:
(1 ~:) Conditional Uses and Structures Alk>wed: The following uses arc allowed as conditional uses
within the MROC District Uses approved in this section shall be part of the maximum percentage for each
use.
(1) Health spas, fitness centers, gymnasiums, and exercise facilities which are open to the
general public.
(2) Veterinary clinics.
(3) Drive-thru facilities associated with am' allowed use.
(4) 24 hour late night businesses (except for governmental offices and services) as defined
herein must be processed as a conditional use and arc subject to the provisions of Section 4.3.3(w).
(5) Day Care Centers subject to LDR Section 4.33 (E)
(C>) Educational Facilities, training centers, and vocational schools. 'Phis use will be
considered similar to "Office Center" for the purposes of I~IIZOC regulations pertaining to types of uses,
except for parking, which shall be pursuant to Section 4.4 29(H)(H). ~
(7) Live/Work Unit subject to Section 4.3.3(KKh)
5 ORD. NO. 23-10
Section G. 'that Appendix A, "Definitions", of the Land Development Regulations of the
(.;ode of Ordinances of the City of Delray Beach, be and the same is hereby amended to read as
follows:
LIVI/WORK UNI"1'
A re5identill dwellin~T unit that includes flex space which may be used for an approved non-
residential use.
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 validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 8. 'T'hat all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 9. "That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSCD riND ADOPTI~D in
October, 2010.
,1'1"I'l ~,S'1'
\ ~ . ~~~~~
City Clerk
l~irst Rcadin J ~ ~~0
Second Rcadin ~ ~ ~~~~
regular session on sec d and final readin on this 5`h day of
~h
M r1
ORD. NO. 23-10
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: September 27, 2010
Page 1 of 1
SUBIECT: AGENDA ITEM 10.A. -REGULAR CO~VIMISSI_ON MEETING OF OCTOBER 5, 2010
ORDINANCE NO. 23-10 (SECONll READING/SECOiVD PUBLIC HEARING
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading and second public hearing to consider a city
initiated amendment to the Land Development Regulations Section 4.3.3 "Special Requirements for
Specific Uses", to enact a new Subsection (KKK) establishing regulations for Live/Work Units;
amending Section 4.4.12 "Planned Commercial District", Subsection (D) "Conditional Uses and
Structures Allowed", Section 4.4.13 "Central Business District", Subsection (D) "Conditional Uses and
Structures Allowed"; Section 4.4.29 "Mixed Residential, Office and Commercial", Subsection (E)
"Conditional Uses and Structures Allowed" to allow Live/Work units as a conditional use; and
amending Appendix "A" "Definitions" to provide a revised definition for "Live/Work Unit".
BACKGROUND
At the first reading on September 7, 2010, the Commission passed Ordinance No. 23-10. To comply
with advertisement requirements, this ordinance was postponed at the September 21,
2010 Regular Commission meeting.
RECOMMENDATION
Recommend approval of Ordinance No. 23-10 on second and final reading.
http://miweb001/agendas/Bluesheet.aspx?ItemID=3811 &MeetingID=272 10/6/2010
ORDINANCE N0.23-10
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELIZAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4.3.3, "SPECIAL
REQUIREMENTS FOR SPECIFIC USES", BY ENACTING A NEW
SUBSECTION (KKK) TO ESTABLISH REGULATIONS FOR
LIVE/WORK UI~TITS; BY AMENDING SECTION 4.4.12, "PLANNED
COMMERCIAL (PC) DISTRICT", SUBSECTION (D), "CONDITIONAL
USES AND STRUCTURES ALLOWED"; SECTION 4.4.13, "CENTRAL
BUSINESS (CBD) DISTRICT", SUBSECTION (D), "CONDITIONAL
USES AND STRUCTURES ALLOWED"; AND SECTION 4.4.29,
"MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC)
DISTRICT", SUBSECTION (E), "CONDITIONAL USES AND
STRUCTURES ALLOWED" TO ALLOW LIVE/WORK UNITS AS A
CONDITIONAL USE; AND BY AMENDING APPENDIX A,
"DEFINITIONS" TO PROVIDE A REVISED DEFINITION FOR
"LIVE/WORK UNIT"; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zonigng Board review£~d the proposed
text amendment at a public hearing held on July 19, 2010 and voted 5 to 0 to recommend that the changes be
approved; and
WHEREAS, putsu~v~t to Florida Statute 163.3174(4)(c), the Pi<3nniilg and Zoning Board, sitting as the
Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives
and policiE~s of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the fuzdings in the Planning and
Zoning Staff Report; and
WHEREAS, the City Conunission of the City of Delray Beach finds the ordinance is consistent with
the Comprehensive Pi<v1.
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 ~u~e incorporated hereuti
Section 2. That Article 4.3, "District Regulations, General. Provisions", Section 4.4.3, "Special
Requirements for Specific Uses", of the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach, Florida, be and the same is hereby amending by enacting a new Subsection (KKK) to
read as follows:
4.3.3.(KKK) Live/Work Units
(1 General
~ The occupant of the residential taut must be the proprietor or owner of the business that
occupies the nonresidential portion of the building.
fib,) Only one (1) additional em~lo, Ley wt~rk at the business.
(c) Residential appearance must be maintained
a~~~
~f) .May onl,Lbe permitted with new develo~rr~ent approvals or modifications to a~roved site
services.
(2) Allowed Non-residential uses. Live-Work Units may include the following non-residential uses:
(a) Business services, includvzg but not limited to: conuriercial artist, photograph,,~computer
programming detective agency, editing/proofreading, mail service, paralegal, photocopying service, secretarial
service, telerrti~rketing senrice.
~c1 Professional Services, including but not limited to: title company, accountant, insurance
not public office, real estate sales/management, stock exchanges, travel agency
(d~ Fabrication of arts and handicrafts, with retail sales limited to materials fabricated by the
owner/proprietor.
(3) Interim Residential Use.
ORD. NO. 23-10
(a) Residential use is permitted in the approved non-residential portion of a Live-Work Unit.
fib) Prior to the issuance of a Business Tax Receipt for an approved non-residential use within the
(4) Operation
(a) The net area devoted to an approved non-residential use shall be a maximum of 200 sq. ft.
The "net area" means all areas not utili~~~cl for stairways vestibules hallways closets bathrooms and garages.
fib) One hundred percent of the building's net area above the ground floor s1~111 be dc~si zag~ecl as
residential.
(c) The non-residential i~ of a Live-Work Unit may operate onl~from 8:00 AM to 6:00 PM;
cleliveriE~s are limitc~cl to bet~neen 9:00 AM to 6:00 PM.
(d) Non-residential uses creating industrial-type impacts, such as those that involve processes
that generate significant amounts of heat rec~trire the use of heavy machuzer~ loud speakers, bells, or emit
g<~ses, fucr~~s, and/or smoke or that create a nuisance (i.e., noise, odors and/or vibration prohibited
Section 3. That Article 4.4, "Base Zoning District", Section 4.4.12, "Planned Commercial (PC)
District", Subsection (D), "Conditional Uses and Structures Allowed", 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:
(D) Conditional Uses and Structures Allowed The following uses are allowed as conditional uses
within the PC District except as modified in the Lindell/Federal (Redevelopment Area # 6) Overlay District
and the Silver Terrace Courtyards Overlay District by Section 4.4.12(G) and within the Four Comers Overlay
District which shall be pursuaizt to Section 4.4.9(G)(3)(c) and subsection L) below.
(1) All uses allowed as such within the GC District [Section 4.4.9(D)].
(2) Playhouses, Dinner Theaters, and places of assembly for commercial entertainment
purposes (e.g., concerts, live performances)
(3) ' Private schools and other similar educational facilities, subject to Section 4.3.3(HHH).
(4) Adult Gaming Centers.
(5) Live/Work Unit, subject to 4.3.3(KKK~
Section 4. That Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD)
District", Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regul<~tions
of the Code of Ordn~ances of the City of Delray Beach, Florida, be aid the same is hereby amended to read as
ORD. NO. 23-10
follows:
(D) Conditional Uses and Structures Allowed The following uses are allowed as conditional uses
within the CBD District:
(1) Residential Licensed Service Provider Facilities subject to restrictions set forth u1 Section
4.3.3(D).
(2) Amusement Barrie facilities limited to such uses as pinball, air hockey, electronic games,
and other similar coin operated games when an attendant is on duty.
(3) Child care and adult day care.
(4) Financial institutions, e.g., banks and similar institutions including drive through
facilities pursuant to restrictions set forth in Section 4.4.13(H)(1).
(5) Funeral homes including accessory uses, such as, a chapel, crematory, and the like.
(6) Gasoline stations or the dispensing of gasoline directly into vehicles, except that such
use shall not be allowed in the West Atlantic Neighborhood, the Beach District, nor on lots which front along
Atlantic Avenue or N.E. 2"`' Avenue (a/k/a Pineapple Grove Way), begintung at a point 105' south of N.E.
4"' StrE~et.
(7) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature
golf courses, skating rinks.
(8) Veterinary clinics.
(9) Movie theaters, excluding drive-iis.
(10) Playhouses, dinner theaters, and places of assembly for commercial entertainment
purposes (e.g., concerts, live performances).
(11) Flea markets, b rr~~ars, merchandise marts, and similar retail uses.
(12) Wash establishment, with automatic/mechanical. systems only, for vehicles, except that
such use shall not be located east of the Intracoastal Waterway or on lots which front along Atlantic Avenue.
Further, this use must be established on property with a mivmum lot area of 20,000 sq. ft.
(13; Multi-family dwelling units, excluding duplexes, at a density greater tl-ian thirty (30)
units per acre, on property located south of N.E. 2nd Street and north of S.E. 2nd Street, subject to the
standards u1d limitations of Section 4.4.13(I).
(14) Group Home, Type 2 aizd Community Residential Homes, pursuant to restrictions set
forth in Section 4.3.3(I).
ORD. NO. 23-10
(15) Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may provide their
requu~ed parking as valet parking, subject to the provisions of Section 4.6.9(F)(3).
(16) Drive-in or drive-through restaurants on property located within the West Atkantic
Neighborhood
(17) Hotels, motels, bed aizd breakfast uu~s, and residential-type inns on property located
within the West Atlantic Neighborhood
(18) Free standing or mixed use residential development at a density greater th~~cz twelve
(12) writs per acre, but not exceeding 30 units per acre, on property located within the West Atlantic
Neighborhood, subject to the standards and limitatioi~.s of Section 4.4.13(I).
(19) Bed and Breakfast Inns, subject to the provisions of LDR Section 4.3.3(Y).
(20) Live/Work Unit, subject to Section 4.3.3 (KKK).
Section 5. That Article 4.4, "Base Zoning District", Section 4.4.29, "1VTixed Residential,
Office and Commercial (MROC) District", Subsection (E ), "Conditional Uses and Shuctures
Allowed", of the Land Development Regulations of the Code of Ordinances of the City of Delray
Beach, Florida, be and the sarr~e is hereby arrended to read as follows:
(E) Conditional Uses and Structures Allowed The following uses are allowed as conditional uses
within the MROC District. Uses approved in this section shall be part of the irti~xiinum percentage for each
use.
(1) Health spas, fitness centers, gyrru~asiums, and exercise facilities which are open to the
general public.
(2) Veterinary clinics.
(3) Drive-thru facilities associated with any allowed use.
(4) 24 hour/late night businesses (except for governmental offices and services) as
defined herein must be processed as a conditional use and are subject to the provisions of Section 4.3.3(w).
(5) Day Care Centers subject to LDR Section 4.3.3 (E )
(6) Educational Facilities, training centers, and vocational schools. This use will be
considerE~cl similar to "Office Center" for the purposes of MROC regulations pertaining to types of uses,
except for parking, which shall be pursuaizt to Section 4.4.29(H)(8).
(~ Live/Work Unit, subject to Section 4.3.3(KKK)
ORD. NO. 23-10
Section 6. That Appendix A, "Definitions", of the Land Development Regulations of the
Code of Ordinwzces of the City of Delray Beach, be and the same is hereby amended to read as
follows:
LIVE /WORK UNIT
het:
A residential dwelling unit that includes flex space which maybe used for an approved non-
rc~sidential use.
Section 7. That should aizy section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or wflrd 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 S. That all ordin~uzces or p~~uts of ordu~~ces in conflict herewith be, and the same
are hereby repealed
Section 9. That this ordinance shall become effective immediately upon its passage on
second aild final reading.
PASSED AND ADOPTED in regular session on second and firti~l reading on this the
day of , 2010.
ATTEST
MAYOR
City Clerk
First Readin,~;
Second Readu1g
ORD. NO. 23-10
Page 1 of 2
MEMORANDUM
TO: Mayor and City Commissioners
FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING
PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING
THROUGH: CITY MANAGER
DATE: August 31, ?010
SUBJECT: AGENDA ITEM 10.A._-_REGULAR COMMISSIOn MEETLNG_OF SEPTEMBER 7 20.1.0
ORp1T1ANCE NO. 23-10 (FI_RST RCADING/FIRST PUBLIC HEARING)
ITEM BEFORE_COMMISSION
Consideration of acity-initiated amendment to the Land Development Regulations (LDRs) that
modifies the definition of "Live Work Unit", allows the use as a conditional use in specified zoning
districts, and identifies Special Requirements which apply to the use.
BACKGROUND
Recently, there has been increased interest in allowing limited non-residential uses in residential
dwelling units. While home occupations allow for very limited business-type uses, Live-Work uses will
allow a broader array of uses but with defined limitations to ensure compatibility within the residential
development. Live-Work uses are different from amixed-use building that contains restaurants, retail,
offices, and residential condominiums, as each of those uses is self-contained, whereas the commercial
use of the Live-Work Unit will occur within the residential unit.
The non-residential uses associated with Live-Work uses are to be allowed within the residential
unit. The uses are proposed as conditional uses in the following four zoning districts:
. Planned Commercial
. Central Business District
. Central Business District-Railroad Corridor
. Mixed Residential, Office and Commercial
Some of the more substantial regulations that will apply to Live-Work Uses include:
. The occupant of the residential unit must be the proprietor or owner of the business.
. Only one (1) additional employee may work at the business.
. The Live-Work Unit must face either a public or private street with available on-street parking.
. Access must be clearly identified to allow for emergency services.
http://miwcb001/Agendas/Blucshcet.aspx`?ItcmID=3709&MectinglD=269 9/9/2010
Page 2 of 2
The net area devoted to the Live-Work Unit may not exceed 200 S.F., and must be located on the
ground floor.
Hours of operation are limited from 8 AM to 6 PM; deliveries are limited from 9 AM to 6 PM.
Non-residential uses creating industrial-type impacts are prohibited.
The use categories proposed include business services, personal services, professional services, and
fabrication of arts and handicrafts. The complete list of the allowable uses and development regulations
are included in the attached ordinance.
This item was considered by the City Commission at its regular meeting of August 17, 2010. After a
discussion regarding how "net area" would be detern~ined, the Commission voted 5-0 to table the
ordinance requesting additional clarification of "net area." The current ordinance has been revised to
identify net area as area not utilized for stairways, vestibules, hallways, closets, bathrooms, and garages.
REVIEW BY OTHERS
The Pineapple Grove Main Street Board unanimously recommended approval at their July 7, 2010
meeting.
The Coinnn~~~ity Redeveloprnent Agency unanimously recommended approval at their July 8, 2010
meeting.
The Dotii~~ltotiv~~ Development. Az~tl?ority unanimously recommended approval at their July 12, 2010
meeting.
The West Atlantic Redevelopment Coalrtior~ unanimously recommended approval at their July 13, 2010
meeting, with the recommendation that the Police Department review the proposal for Crime Prevention
Through Environmental Design (CPTED) compliance. It was detern~ined that a CPTED review would
be conducted with individual site specific applications.
The Plar~~_tif~g ar~d Zc~rting Board voted 5 - 0 recommending approval at their July l9, 2010 meeting,
with clarification that the 200 sq. ft. will be exclusive of any required handicap accessible bathroom
facilities. This adjustment has been made in the attached ordinance.
RECOMMENDATION
By motion, approve on first reading Ordinance No. 23-10 for acity-initiated amendment to the Land
Development Regulations, by adopting the findings of fact and law contained in the staff report and
finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in
Section 2.4.5(M) of the Land Development Regulations.
http://miweb001/Agendas/Bluesheet.aspx?Itcm1D=3709&MectinglD=269 9/9/2010
PLANNING AND ZONING BOARD STAFF REPORT
MEETING DATE: JULY 19, 2010
AGENDA NO: IV. F.
AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 4.3.3
"SPECIAL REQUIREMENTS FOR SPECIFIC USES" SUBSECTION
(KKK) TO ENACT REGULATIONS FOR LIVE/WORK UNITS; AMENDING
SECTION 4.4.12 "PLANNED COMMERCIAL", SUBSECTION (D)
"CONDITIONAL USES AND STRUCTURES ALLOWED"; SECTION
4.4.13 "CENTRAL BUSINESS DISTRICT", SUBSECTION (D)
"CONDITIONAL USES AND STRUCTURES ALLOWED"; SECTION
4.4.29 "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL",
SUBSECTION (D) "CONDITIONAL USES AND STRUCTURES
ALLOWED" TO ALLOW LIVE/WORK UNITS AS A CONDITIONAL USE;
AND AMENDING APPENDIX "A" "DEFINITIONS" TO PROVIDE A
REVISED DEFINITION FOR "LIVE/VNORK UNIT" .
ITEM BEFORE THE BOARD
The item before the Board is to make a recommendation to the City Commission regarding acity-
initiated amendment to Land Development Regulations (LDRs) that introduces Live-Work Uses as
conditional uses in specified zoning district, and sets forth regulations that govern such 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.
BACKGROUND/ANALYSIS
There has been increased interest in allowing non-residential uses in residential dwelling units.
While home occupations allow for very limited business-type uses, Live-Work uses will allow a
broader array of uses but with defined limitations to ensure compatibility within the residential
development. Live-Work uses are different from amixed-use building that contains restaurants,
retail, offices, and residential condominiums, as those uses each are separate areas.
The non-residential uses associated with Live-Work uses are to be allowed within the residential
unit. The uses are proposed in 4 zoning districts only by conditional use. The zoning districts
within which the Live-work uses are introduced are:
• Planned Commercial (Four Corners Overlay)
• Central Business District
• Central Business District-Railroad Corridor
• Mixed Residential, Office and Commercial
Some of the regulations proposed to govern Live-Work Uses include:
• The occupant of the residential unit must be the proprietor or owner of the business.
• Only one (1) additional employee may work at the business.
• Must face either a public or private street with available on-street parking.
Planning and Zoning Board Meeting, July 19, 2010
LDR Amendment -Live Work Uses
• Access must be clearly identified to allow for emergency services.
• The net area devoted to the Live-Work Unit may not exceed 200 S.F., and must be located
on the ground floor.
• Hours of operation are limited from 8 AM to 6 PM; deliveries are limited from 9 AM to 6 PM.
• Non-residential uses creating industrial-type impacts are prohibited.
The use categories proposed include business services, personal services, professional services,
and fabrication of arts and handicrafts. An expanded list of the allowable uses is included in the
attachment.
REQUIRED FINDINGS
Comprehensive Plan Conformance
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. The following were identified as relevant to this amendment:
GOAL AREA "A"
LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO
SUSTAIN AND ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT AND BE
COMPATIBLE WITH EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINATELY
RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE AND ENCOURAGE
ACCESSIBLE AFFORDABLE EVERYDAY SERVICES.
Objective A-1
Property shall be developed or redeveloped, in a manner so that the future use, intensity and
density are appropriate in terms of soil, topographic, and other applicable physical considerations;
encourage affordable goods and services; are complementary to and compatible with adjacent
land uses; and fulfill remaining land use needs.
The proposed Live-Work amendment will allow for a balanced economic base, will encourage
accessible affordable everyday services, and because the residential character must be
maintained, the Live-Work units will be compatible with existing land uses.
REVIEW BY OTHERS
Courtesy Notices
Courtesy notices were provided to the following civic associations:
^ Neighborhood Advisory Council
^ Progressive Residents of Delray (PROD)
The Pineapple Grove Main Street committee unanimously recommended approval at their July 7,
2010 meeting.
The Community Redevelopment Apency unanimously recommended approval at their July 8, 2010
meeting.
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Planning and Zoning Board Meeting, July 19, 2010
LDR Amendment -Live Work Uses
The Downtown Development Authority unanimously recommended approval at their July 12, 2010
meeting.
The West Atlantic Redevelopment Coalition unanimously recommended approval at their July 13,
2010 meeting, with the recommendation that the Police Department review the proposal for Crime
Prevention Through Environmental Design (CPTED) compliance. A copy was forward to our
CPTED Practitioner on July 14, 2010. Comments will be presented at the Planning and Zoning
Board meeting if available.
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Move a recommendation of approval to the City Commission of the amendment to Land
Development Regulations, Section 4.3.3 "Special Requirements for Specific Uses" ,
Subsection (KKK) to enact regulations for Live/work Units; amending section 4.4.12
"Planned Commercial", subsection (d) "Conditional Uses and Structures Allowed";
Section 4.4.13 "Central Business District", Subsection (d) "Conditional Uses and
Structures Allowed"; Section 4.4.29 "Mixed Residential, Office and Commercial",
subsection (d) "Conditional Uses and Structures Allowed" to allow Live/work units as a
conditional use; and amending Appendix "A" "Definitions" to provide a revised
definition for "live/work unit" , by adopting the findings of fact and law contained in the staff
report, and finding that the text amendment and approval thereof is consistent with the
Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)
C. Move a recommendation of denial to the City Commission of the amendment to Land
Development Regulations, Section 4.3.3 "Special Requirements for Specific Uses" ,
Subsection (KKK) to enact regulations for Live/work Units; amending section 4.4.12
"Planned Commercial", subsection (d) "Conditional Uses and Structures Allowed";
Section 4.4.13 "Central Business District", Subsection (d) "Conditional Uses and
Structures Allowed"; Section 4.4.29 "Mixed Residential, Office and Commercial",
subsection (d) "Conditional Uses and Structures Allowed" to allow Live/work units as a
conditional use; and amending Appendix "A" "Definitions" to provide a revised
definition for "live/work unit" , by adopting the findings of fact and law contained in the staff
report, and finding that the text amendment and approval thereof is inconsistent with the
Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion
to be made in the affirmative).
RECOMMENDED ACTION
Recommend approval of the amendment to Land Development Regulations, Section 4.3.3
"Special Requirements for Specific Uses" ,Subsection (KKK) to enact regulations for
Live/work Units; amending section 4.4.12 "Planned Commercial", subsection (d)
"Conditional Uses and Structures Allowed"; Section 4.4.13 "Central Business District",
Subsection (d) "Conditional Uses and Structures Allowed"; Section 4.4.29 "Mixed
Residential, Office and Commercial", subsection (d) "Conditional Uses and Structures
Allowed" to allow Live/work units as a conditional use; and amending Appendix "A"
"Definitions" to provide a revised definition for "live/work unit", by adopting the findings of
fact and law contained in the staff report, and finding that the text amendment and approval thereof
is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M).
Attachment:
^ Proposed LDR changes
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