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Ord 25-10ORDINANCE NO. 25-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (T), "FAMILY DAY CARE" AND ENACTING A NEW SUBSECTION (T1~, "LARGE FAMILY CHILD CARE HOME"; AMENDING SUBSECTION (C), "ACCESSORY USES AND STRUCTURES PERMITTED" AND SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED" OF SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS", SECTION 4.4.5, "LOW DENSI'T'Y RESIDENTIAL (RL) DISTRICT", SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SECTION 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", AND SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)"; AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (G), "SUPPLEMENTAL REGULATIONS", SUB-SUBSECTION (3), FOUR CORNERS OVERLAY DISTRICT; AMENDING SECTION 4.4.29, "MIAED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT", SUBSECTION (C), "ACCESSORY USES AND STRUCTURES PERMITTED" AND SUBSECTION (E), "CONDITIONAL USES AND STRUCTURES ALLOWED", IN ORDER TO UPDATE THE LAND DEVELOPMENT REGULATIONS TO COMPORT WITH CHANGES IN STATE LAW; AMENDING APPENDIX A, "DEFINITIONS", TO REVISE THE DEFINITIONS OF "CHILD CARE FACILITY" AND "FAMILY DAY CARE FACILITIES" AND ENACTING A NEW DEFINITION, "LARGE FAMILY CHILD CARE HOME"; PROVIDING A SAVING CRUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the changes included in this text amendment are being made to update the Land Development Regulations to comport with changes in State law; 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 August 23, 2010 and voted 5 to 1 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 finduigs 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 CI"I'Y OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.3.3, "Special Requirements for Specific Uses", Subsection (1~, "Family Day Care", of the Land Development Regulations of the City of Dekay Beach, Florida, are hereby amended to read as follows: (T) Family Day Care Home: . (1) Shall only be as an accessory use in a private residence and may function as either for or not for profit. (2) Is limited to no more than €t~e six children at any one time but may be conducted twenty-four hours a day. (3) The person furnishing such service shall have a current, valid permit from Palm Beach County for operation of a family day care €aei~it~ home, as required by Article II of Chapter 39, Palm Beach County Code; and a City of Delray Beach occupational license as a "Family Day Care ~ Home". (4) A Family Day Care Home which is registered with the State Department of Health and Rehabilitative Services (HRS) are specifically exempt from having to obtain any special exemption or use permit or pay any special fee in excess of $50 to operate within the City (F.S. 166.0445). (5) Baby-sitting services provided by an individual at the home of the parents or legal guardians are deemed to be exempt from these provisions. 2 ORD. N0.25-10 Section 3. That Section 4.3.3, "Special Requirements for Specific Uses", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended by enacting a new Subsection ~, "Large Family Child Care Home", to read as follows: ("I"I'~ Large Family Child Care Home (1) Requirements• Two full-time child care personnel must be on the premises during the hours of operation. ~1 One of the full-time child care personnel must be the owner or occupant of the residence. bbl Such use must first have operated as a licensed family day care home for two years, with an operator who has had a child development associate credential or its equivalent for one (1~ year. A large familychild care home shall be allowed to provide care for one of the following_~roups of children which shall include those children under 13~ears of age who are related to the caregiver: A maximum of eight ~ children from birth to 24 months of age. or; ~ii) A maximum of twelve (12) children with no more than four (4) children under 24 months of aee. (2) Floor Area• Facilities shall contain a minimum floor area of 35 square feet per child, exclusive of space devoted to bathrooms halls, kitchen, offices, and storaee. (3) Outdoor Area• There shall be a minimum area of 75 square feet of outdoor pla~area per child The play area shall be located on the same lot as the principal use and shall not be located in the front yard setback or adjacent to any outdoor storage area. The play area shall be surrounded by a six-foot high fence or wall. Loadin~• Arm A pick-up and drop-off area for children shall be provided in a convenient area adjacent to the buildine and shall provide clear ingress and egress to the building. (5) Other Regulations: All child care facilities shall comply with state and count~reQUlations. ORD. NO. 25-10 Section 4. That Section 4.4.3, "Single Family Residential (R-1) Districts", Subsection (C), "Accessory Uses and Structures Permitted", and Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: "The following uses are allowed when a part of, or accessory to, the principal use: (1) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog runs, garages, greenhouses, guest cottages, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, swimming pools, and workshops. (2) Home occupations subject to the restrictions set forth in Section 4.3.3(x). (3) Family day care home pursuant to ~ ~~ `~°`'' ~~ Section 4.3.3('I~. (4) Home tutorial services subject to the restrictions set forth in Section 4.3.3(KK). (5) Recreational facilities attendant to a subdivision which is operated under a bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, and golf courses. (6) The rental or lease of a boat dock when the dock is assigned to, or on the same lot as each residential use on a one-to-one basis. (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, or places of worship, 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. (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. 4 ORD. NO. 25-10 (5) Single family detached residences in zero lot developments but only in the R- 1-A and R-1-AA Districts. (6) Large Family Child Care Home, subject to Section 4.3.3(1"I . Section 5. That Section 4.4.5, "Low Density Residential (RL) District", Subsection (C), "Accessory Uses and Structures Permitted", and Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the Ciry of Delray Beach, Florida, are hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog runs, garages, greenhouses, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, workshops, and home occupations. (2) Family day care home pursuant to ~ Section 4.3.3(1. 4.3.3(Kh). (3) Home tutorial services subject to the restrictions set forth in Section (4) Home occupations. (5) Recreational facilities attendant to a subdivision which are operated under a bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, and private golf courses. (6) The rental or lease of a boat dock when the dock is assigned to, or on the same lot as, each residential use on a one-to-one basis. (7) Guest cottages, only when accessory to a single family detached structure. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RL District. (1) Child care and adult day care (2) Churches, or places of worship, 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. 5 ORD. NO. 25-10 (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, tennis courts, and golf courses (associated with a subdivision) for club or commercial purposes. (5) Single family detached residences in zero lot developments. (6) Group Home, Type 2, and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). ~l Lame Family Child Care Home, subject to Section 4.3.3('I'1~. Section 6. That Section 4.4.6, "Medium Density Residential (RM) District", Subsection (C), "Accessory Uses and Structures Permitted", and Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, are hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog runs, garages, greenhouses, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, workshops, swimming pools, and home occupations. (2) Family day care home pursuant to ~ Section 4.3.3(T~. (3) Home tutorial services subject to the restrictions set forth in Section 4.3.3. (KK). (4) Recreational facilities attendant to a subdivision which is operated under a bonafidc homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, and private golf courses. (5) The rental or lease of a boat dock when the dock is assigned to, or on the same lot as, each residential use on a one-to-one basis (6) Guest cottages, only when accessory to a single family detached structure. 6 ORD. NO.25-10 (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RM District. (1) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). (2) Child care and adult day care. (3) Private educational facilities subject to the restrictions set forth in Section 4.3.3(HHH). (4) Churches, or places of worship, 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 CF, as appropriate. (5) Nursing homes. (6) The use of common recreational facilities such as swimming pools, tennis courts, and golf courses (associated with a subdivision) for club or commercial purposes. (7) Single family detached residences in zero lot developments. (8) Yacht club with facilities. (9) Dock master facilities when associated with amulti-family development which has a marina. (10) Private beach clubs with attendant recreational, dining, and related accessory facilities within one of the following areas: (a) the area lying south of Atlantic Dunes Park and east of State Road A1A, or (b) south of Casurina Road, north of Bucida road, and east of State Road A1A. (11) Multiple family residential development may exceed twelve (12) units per acre, up to a maximum of twenty-four (24) units per acre within the Southwest Neighborhood Overlay District defined in Section 4.5.9, subject to the provisions of Section 4.4.6(I), Article 4.7, and based upon the development's conformance with the applicable standards and criteria described within the adopted Southwest Area Neighborhood Redevelopment Plan. (12) Multiple family residential development may exceed twelve (12) units per acre, up to a maximum of twenty-four (24) units per acre within the Carver Estates Overlay District 7 ORD. NO. 25-10 as defined in Section 4.5.11 and up to a maximum of eighteen (18) units per acre within the Infill Workforce Housing Area, subject to the provisions of Section 4.4.6(1), and Article 4.7. (13) Bed and Breakfast Inns, subject to the provisions of LDR Section 4.3.30 (141 Large Family Child Care Home, subject to Section 4.3.3('I"1 . Section 7. That Section 4.4.7, "Planned Residential Development (PRD) District", Subsection (C), "Accessory Uses and Structures Permitted", and Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, are hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog runs, garages, greenhouses, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, workshops, and home occupations. (2) Family Day Care home pursuant to ~-~~`°~~`~~~~ ~~` c~``'' '~ Section 4.3.3(T). (3) Recreational facilities attendant to a subdivision which is operated under a bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, and private golf courses. (4) The rental or lease of a boat dock when the dock is assigned to, or on the same lot as, each residential use on a one-to-one basis. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the PRD District. (1) Child Care and Adult Day Care (2) The use of common recreational facilities such as swimming pools, tennis courts, and golf courses for club or commercial purposes. (3) Private educational facilities subject to the restrictions set forth in Section 4.3.3 (HHH). (4) Large Family Child Care Home, subject to Section 4.3.3('1'1 . 8 ORD. N0.25-10 Section 8. That Section 4.4.9, "General Commercial (GC) District, Subsection (C), "Accessory Uses and Structures Permitted", and Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, are hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots; (2) Refuse and service areas; (3) Provision of services and repair of items incidental to the principal use; (4) Storage of inventory either within the same structure as where the sale of goods occurs or in a separate structure on the same parcel provided that such storage facilities are not shared or leased independent of the primary commercial use on the site; (5) Single family detached dwellings for residence by business owners, proprietors, or employees. Family day care home pursuant to Section 4.3.3('1. (D) Conditional Uses and Structures Allowed: The following are allowed as conditional uses within the GC District, except as modified in the North Federal Highway Overlay District by Section 4.4.9(G)(2) and except as modified in the Four Corners Overlay District by Section 4.4.9(G)(3)(c). (1) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). (2) Amusement game facilities. (3) Wash establishments or facilities for vehicles. (4) Child Care and Adult Day Care. (5) Clubs and Lodges; social, fraternal, and recreational not exceeding 3,500 sq. ft. of gross floor area. (G) Drive-in Theaters. 9 ORD. NO.25-10 (7) Flea Markets, bazaars, merchandise marts, and similar retail uses. (8) Funeral Homes. (9) Gasoline Stations or the dispensing of gasoline directly into vehicles. (10) Hotels and Motels. (11) Free-standing multiple-family housing subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to this Section. (12) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. (13) Sales and service of All Terrain Vehicles and personal watercraft (waverunners, jet skis), with no outside display, outside storage or outside service. (14) Vehicle care limited to the changing of oil and filters, and lubrication with no mechanical work or outside storage of vehicles except as a part of a gasoline station. (15) Veterinary Clinics. (16) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). (17) Adult Gaming Centers. (18) Churches or places of worship, and their attendant Sunday school, recreational and columbarium facilities not exceeding 3,500 square feet of gross floor area. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care. (19) Multiple family residential development may exceed twelve (12) units per acre, up to a maximum of eighteen (18) units per acre within the Infill Workforce Housing Area, subject to the provisions of Section 4.4.6(1), and Article 4.7, and subject to the requirements of the RM District except for setback and height requirements, which shall be pursuant to this Section. (20) Assisted Living Facilities and Continuing Care Facilities subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to this Section. ~21~ Large Family Child Care Home, subject to Section 4.3.3('1"I . 10 ORD. NO.25-10 Section 9. That Section 4.4.9, "General Commercial (GC) District, Subsection (G), "Supplemental Regulations", Sub-subsection (3), "Four Corners Overlay District", of the Land Development Regulations of the City of Delray Beach, Florida, are hereby amended to read as follows: (3) Four Corners Overlay District: The following supplemental district regulations apply to the Four Corners Overlay District, as defined in Section 4.5.14. (a) The permitted uses shall be those uses listed in Sections 4.4.9(B)(1,2,4,5). (b) The accessory uses shall be those uses listed in Section (C). (c) The conditional uses shall be those uses listed in Sections (D)(1, 3, 4, 10, 12, 15, 20 and 21). (d) Standards Pertaining to Allocation of Uses: 1. Office uses can encompass up to one hundred percent (100%) of the total building square footage within a Four Corners Overlay master development plan. 2. Retail uses shall not encompass more than one hundred percent (100%) of the total building area square footage of the Four Corners Overlay master development plan. 3. Hotels, motels, and residential all suite lodging shall not encompass more than 20% of the total building area square footage of the Four Corners Overlay master development plan. Notwithstanding the above, hotels, motels and residential all suite lodging can comprise 100% of the floor area of an individual building within a MDP containing multiple buildings. 4. Multi-family Dwelling Units: Multi-family uses excluding duplexes subject to (a) (b) (c) (d) (e) below, ranging in density not to exceed 30 units per acre subject to the following: a. Residential units may comprise 75% of the total floor area of the development master plan at a maximum density of (30) units per acre and only when proposed as part of a mixed-use development containing office and/or commercial uses. ORD. NO. 25-10 I b. Residential developments must include a minimum of 20% workforce units consisting of moderate income workforce units as defined by Article 4.7 Family/Workforce Housing. c. Workforce units shall be subject to general provisions of Article 4.7.6, 4.7.7, 4.7.8, 4.7.9, and 4.7.10. d. For mixed-use developments, the shared parking provisions of LDR Section 4.6.9. (C)(8) shall be allowed. e. All residential developments shall be subject to the Performance Standards of 4.4.13(1)(2) (e) Standards Unique to the Four Corners Overlay District: Where standards unique to the Four Corners Overlay District conflict with standards contained elsewhere in the zoning, subdivision, and landscape codes, the standards of this Subsection shall apply: 1. Lot Coverage & Open Space: a. Land area equal to at least 25% of the individual Four Corners Overlay District Master Development Plan (MDP) including the perimeter landscaped boundary, shall be in open space. Water bodies and paved areas shall not be included in the meeting of this 25% open space requirement. 2. Minimum Structure Size: Any free-standing non-residential principal structure shall have a minimum floor area of 4,000 square feet; shall be architecturally consistent with other structures in the master development plan; and shall have direct access to and from other portions of the Four Corners Overlay development. 3. Office and Commercial Floor Heights shall be a minimum of twelve feet (12') floor to floor on the first floor and ten (10') floor to floor on all floors above. Residential uses shall have a minimum nine feet (9') floor to floor on all floors. Hotel, motel and residential all suite lodging shall have a minimum of eight feet six inches (8' 6") floor to floor on all floors. Auxiliary and service rooms, such as, garages, restrooms, closets, laundry rooms, dressing rooms, storage rooms, mechanical, electrical, and plumbing 12 ORD. NO. 25-10 equipment rooms are exempted from the floor height regulations. Section 10. That Section 4.4.13, "Central Business (CBD) District", Subsection (C), "Accessory Uses and Structures Permitted", and Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots. (2) Refuse and service areas. (3) Provision of services and repair of items incidental to the principal use. (4) Storage of inventory either within the same structure as where the sale of goods occurs or in a separate structure on the same parcel provided that such storage facilities are not shared or leased independent of the primary commercial use of the site. (5) A single family residence, either separate or within a structure housing a nonresidential use, provided that the residence is occupied by the owner, proprietor, or employee of a business enterprise conducted on the property. (6) Recreational facilities attendant to amulti-family residential development, such as tennis courts, swimming pools, exercise areas, and meeting rooms. (7) Single level mechanical parking lifts for in-fill development projects that have been vacant for a minimum period of one (1) year, pursuant to the requirements of Sections 4.6.9(D)(11) and 4.6.9(F)(4). (~ Family daycare home pursuant to Section 4.3.3C1~. (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. 13 ORD. NO. 25-10 (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.I. 2"~ Avenue (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 clinics. (9) Movie theaters, excluding drive-ins. (10) Playhouses, dinner theaters, 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 sq.ft. (13) Multi-family dwelling units, excluding duplexes, at a density greater than 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 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). (15) Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may provide their required 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 Atlantic Neighborhood. 14 ORD. NO. 25-10 (17) Hotels, motels, bed and breakfast inns, and residential-type inns on property located within the West Atlantic Neighborhood. (18) 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 Inns within the West Atlantic Neighborhood, subject to the provisions of LDR Section 4.3.3(1 (20) Live/Work Unit, subject to Section 4.3.3(KKK). (21~ Large Family Child Care Home subject to Section 4.3.3('I"'1 . Section 11. That Section 4.4.17, "Residential Office (RO) District", Subsection (C), "Accessory Uses and Structures Permitted", and Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots. (2) Refuse and service areas. (3) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog runs, garages, greenhouses, guest cottages, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, workshops, swimming pools, and home occupations. (4) Family day care home pursuant to ` '' ~ Section 4.3.3('1 (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RO District: (1) Child care and adult day care. (2) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). 15 ORD. NO. 25-10 (3) Bed and Breakfast Inns, subject to the provisions of LDR Section 4.3.30. (4) Group Home, Type 2, and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). (S~Large Family Child Care Home subject to Section 4.3.3('I"I'). Section 12. 'T'hat Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection (C), "Accessory Uses and Structures Permitted", and Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Uses and structures normally associated with residences such as: bird aviaries, dog houses and dog runs, garages, greenhouses, guest cottages, playhouses, pool houses and covers/enclosures, pump houses, slat houses, storage sheds, workshops, swimming pools, and home occupations. (2) On a parcel that has as its principal use anon-residential use, there may be no more than two residential units, either within a separate structure or within a structure housing a non-residential use. (3) Family Day Care Home,~ursuant to Section 4.3.3('11. (4) Parking lots and refuse storage areas (5) Outdoor dining areas which are accessory or supplemental to a restaurant or business use, provided the operation of the outdoor dining area is limited to daylight hours. (6) Within the following described areas, the uses allowed as accessory uses in Section 4.4.13(C) pursuant to the base district and special regulations of the Central Business District regulations shall also be allowed in the OSSHAD: (a) Lots 13-16, Block 60 (b) Lots 1- 4, Block 61 (c) Lots 1- 7 and 19-24, Block 69 (d) Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and (e) Lots 1- 6, Block 76 (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the OSSHAD: 16 ORD. NO. 25-10 (1) Outdoor dining which operates at night or which is the principal use or purpose of the associated restaurant. (2) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D), Child Care, Adult Day Care, and Nursing Homes. (3) Public Parking lots not associated with a use. (4) Residential-type inns, not to exceed more than eighteen (18) individually leased suites or rooms per acre. (5) Group Home, Type 2, and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). ~) Large Family Child Care Home subject to Section 4.3.3('1'I . Section 13. That Section 4.4.29, "Mixed Residential, Office And Commercial (MROC) District", Subsection (C), "Accessory Uses and Structures Permitted", and Subsection (E), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots and parking garages (2) Refuse, service and loading areas (3) Meeting and conference facilities when associated with uses in the Master flan. (4) Provision of services and repair of items incidental to the principal use. (5) Recreational facilities attendant to amulti-family residential development, such as tennis courts, swimming pools, exercise areas, and meeting rooms. (6) Fleet Management, field operations services, and communication facilities associated with governmental offices and services. Family Day Care Home, pursuant to Section 4.3.3('I"). l~ ORD. NO. 25-10 (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 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 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 considered similar to "Office Center" for the purposes of MROC regulations pertaining to types of uses, except for parking, which shall be pursuant to Section 4.4.29(H)(8). (7L Large Family Child Care Home subject to Section 4.3.3(1"I . Section 14. That Appendix "A", "Definitions", of the Land Development Regulations of the City of Dekay Beach, Florida, is hereby amended as follows: CHILD CARE FACILITY: An establishment in which custodial care is rendered to six or more children unrelated to the operator, and for which the owner or operator receives a payment, fee, or grant for any of the children receiving care, whether or not operating for profit. FAMILY DAY CARE ~' ^ r-Tr TT'TL'` HOME: An accessory use conducted in an xte occupied residence in which custodial care is rendered to one to -fie six children, inclusive, and for which the owner or operator receives a payment, fee, or grant for any of the children receiving care, whether or not operating for profit. Baby-sitting services provided by an individual at the home of the parents or legal guardians is not deemed to be a Family Day Care Home ~. LARGE FAMILY CHILD CARE HOME: An occupied residence in which custodial care is regularly~rovided for u~ to twelve children and for which the owner or operator receives a ,navment fee or grant for any of the children receiving care, whether or not operated for 18 ORD. NO. 25-10 profit and which has at least two full-time child care personnel on the premises during the hours of operation. Section 15. 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 16. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 17. That this 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 the 19th day of October, 2010. ATTEST . ~~~ City Clerk First Readin \~ ~ ~ Second Readin \~ ~~ ~- Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 7, 2010 Page 1 of 1 SUBJECT: AGENDA ITEM 10 A -REGULAR COMMISSION MEETING OF OCTOBER 19.2010 ORDINANCE NO 25-10 (SECOND READING/ SECOND PUBLIC HEARING) ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and public hearing to consider a city initiated amendment to the Land Development Regulations (LDR) by amending Section 4.3.3, "Special Requirements For Specific Uses", Subsection (T), "Family Day Care" and enacting a new Subsection (TT), "Large Family Child Care Home"; amending Subsection (C), "Accessory Uses and Structures Permitted" and Subsection (D), "Conditional Uses and Structures Allowed" of Section 4.4.3, "Single Family Residential (R-1) Districts", Section 4.4.5, "Low Density Residential (RL) District", Section 4.4.6, "Medium Density Residential (RM) District", Section 4.4.7, "Planned Residential Development (PRD) District", Section 4.4.9, "General Commercial (GC) District", Section 4.4.13, "Central Business (CBD) District", Section 4.4.17, "Residential Office (RO) District", and Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)"; amending Section 4.4.9, "General Commercial (GC) District", Subsection (G), "Supplemental Regulations", Sub-subsection (3), Four Corners Overlay District; amending Section 4.4.29, "Mixed Residential, Office and Commercial (MROC) District", Subsection (C), "Accessory Uses and Structures Permitted" and Subsection (E), "Conditional Uses and Structures Allowed", in order to update the Land Development Regulations (LDR) to comport with changes in state law; amending Appendix A, "Definitions", to revise the definitions of "Child Care Facility" and "Family Day Care Facilities" and enacting a new definition, "Large Family Child Care Home". BACKGROUND At first reading on October 5, 2010, the Commission approved Ordinance No. 25-10. RECOMMENDATION Recommend approval of Ordinance No. 25-10 on second and final reading. http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=3884&MeetingID=274 10/22/2010 ORDINANCE N0.25-10 AN ORDINANCE OF THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 4.3.3, "SPEQAL REQUIREMENTS FOR SPECIFIC USES", SUBSEC'T'ION (T), "FAMILY DAY CARE" AND ENACTING A NEW SUBSECTION (TT), "LARGE FAMILY CHILD CARE HOME"; AMENDING SUBSECTION (C), "ACCESSORY USES AND STRUCTURES PERMITTED" AND SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED" OF SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS", SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SECTION 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", AND SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)"; AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (G), "SUPPLEMENTAL REGULATIONS", SUB-SUBSECTION (3), FOUR CORNERS OVERLAY DISTRICT; AMENDING SECTION 4.4.29, "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MIZOC) DISTRICT", SUBSECTION (C), "ACCESSORY USES AND STRUCTURES PERMITTED" AND SUBSECTION (E), "CONDITIONAL USES AND STRUCTURES ALLOWED", IN ORDER TO UPDATE THE LAND DEVELOPMENT REGULATIONS TO COMPORT WITH CHANGES IN STATE LAW; AMENDING APPENDIX A, "DEFINITIONS", TO REVISE THE DEFINITIONS OF "CHILD CARE FACILITY" AND "FAMILY DAY CARE FAC[LITIES" AND ENACTING ANEW DEFINITION, "LARGE FAMILY CHILD CARE HOME "; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the changes included in this text amendment are being made to update the Land Development Regulations to comport with changes in State law, and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text azrzt at a public hearing held on Aug~t 23, 2010 and voted 5 to 1 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 detemrir~ed that the change is consistent with and ftu~thers the goals, objectives and policies of the Cornpreluensive 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 ordniance is consistent with the Comprehensive Plan NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.3.3, "Special RegLrirements for Specific Uses", Subsection (T), "Family Day Care", of the Land Development Regulations of the City of Delray Beach, Florida, are hereby amended to read as follows: (T) Family Day Care Home: (1) Shall only be as an accessory use in a private residence and may function as either for or not for profit. (2) Is limited to no rrore than fi~we svc children at any one time but may be conducted twenty~four hours a day. (3) The person fiunishing such service shall have a current, valid permit from Palm Beach County for operation of a family day care €y home, as required by Article II of Chapter 39, Palm Beach County Code; and a City of Delray Beach occupational license as a "Family Day Care ~ Hoim' . (4) A Family Day Care Home which is registered with the State Deparhrent of Health and Rehabilitative Services (HIZS) are specifically exempt from having to obtain any special exemption or use permit or pay any special fee in excess of $50 to operate within the City (F.S. 166.0445). (5) Bab sitting services provided by an individual at the home of the parents or legal guardians are deemed to be exerr~t from these provisions. 2 ORD. NO. 25-10 Section 3. That Section 4.3.3, "Special Requueirents for Specific Uses", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended by enacting a new Subsection (TT), "Large Family Child Care Home", to read as follows: (TT) Large Family Child Care Home (1) Reyuirements• Two full-time child care ~etsonnel must be on the premises during the hours of operation. (a) One of the full-time child care personnel must be the owner or occupant of the residence. Lb) Such use must f irst have operate d as a lice nsed family ca re home for two years with an opera tor who has had a child develo~ lt associate credential or its equivale nt for on e (1Zyear . under 13 bears of age who are related to the caregiver: (i) A maximum of eight (~ children from birth to 24 months of age, or; A ma~dmimi of twelve112) children with no rrore than four (4) children under 24 months of age. b~ (5) Other Regulations: All child care facilities shall comply with state and county regulations. ORD. NO. 25-10 Floor Area• Facilities shall contain a minimtun floor area of 35 square feet per child exclusive of space devoted to bathrooms halls kitchen, offices and storage Section 4. That Section 4.4.3, "Single Family Residential (R-1) Districts", Subsection (C), "Accessory Uses and Structures Pemutted", and Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Uses and structures normally associated with residences such as: bird aviaries, boat docks, doghouses and dog nuns, garages, greenhouses, guest cottage`s, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, swimming pools, and vwrkshops. (2) Home occupations subject to the restrictions set forth in Section 4.3.3(x). (3) Family day care home pursuant to Section 4.3.3(T). (4) Home tutorial services subject to the restrictions set forth in Section 4.3.3(KK). (5) Recreational facilities attendant to a subdivision which is operated under a bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, and golf courses. (6) The rental or lease of a boat dock when the dock is assigned to, or on the same lot as each residential use on a one-to-one basis. (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, or places of ~wrship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishrrent 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(HHl=1). (4) The use of common recreational facilities such as swimrriing pools and tennis courts, associated with a subdivision, for club or commercial purposes. 4 ORD. NO. 25-10 (5) Single family detached residences in zero lot developments but only in the R- 1-A and R-1-AA Districts. (6) Large Family Child Care Home subject to Section 4.3.3(TT). Section 5. That Section 4.4.5, "Low Density Residential (RL) District", Subsection (C), "Accessory Uses and Structures Permitted", and Subsection (D), "Conditional Uses and Stnactimes Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, are hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog nms, garages, greenhouses, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, workshops, and home occupations. (2) Family day care home pursuant to Section 4.3.3(T). 4.3.3(KK). (3) Home tutorial services subject to the restrictions set forth in Section (4) Home occupations. (5) Recreational facilities attendant to a subdivision which are operated under a bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, and private golf courses. (6) The rental or lease of a boat dock when the dock is assigrued to, or on the same lot as, each residential use on a one-to-one basis. (~ Guest cottages, only when accessory to a single family detached structure. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RL District. (1) Child care and adult day care (2) Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational, and coluunbarium facilities. The foregoing does not allow establi`Shrnent of educational and care uses such as elementary school and general day care; however, such tees may be established by a separate conditional use application for child care or rezoning to C.F. as appropriate. ORD. NO.25-10 (3) Private educational facilities subject to the restrictions set forth in Section 4.3.3(FII-1~~. (4) The use of common recreational facilities such as swimrmng pools, tennis courts, and golf courses (associated with a subdivision) for dub or corrurercial purposes. (5) Single family detached residences in zero lot developments. (6) Group Home, Type 2, and Comm~.nuty Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). L~ Large Famil~Child Care Home su~b'ect to Section 4.3.3(TT). Section 6. That Section 4.4.6, "1V~eclium Density Residential (R1ViJ District", Subsection (C), "Accessory Uses and Stnactimes Permitted", and Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, are hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog nms, garages, greenhouses, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, ~wrkshops, s•~vimrr~ing pools, and home occupations. (2) Family day care home pursuant to Section 4.3.3(T). (3) Home tutorial services subject to the restrictions set forth in Section 4.3.3.(KK). (4) Recreational facilities attendant to a subdivision which is operated under a boriafide homeowners association such as: tennis courts, swirruning pools, exercise area, clubhouse, and private golf courses. (5) The rental or lease of a boat dock when the dock is assigned to, or on the same lot as, each residential use on a on~to-one basis (6) Guest cottages, only when accessory to a single family detached stnacture. ORD. NO. 25-10 (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RM District. (1) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). (2) Child care and adult day care. (3) Private educational facilities subject to the restrictions set forth in Section 4.3.3(1--II-II~. (4) Churches, or places of worship, 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 CF, as appropriate. (5) Nursing homes. (6) The use of comrron recreational facilities such as swinurring pools, tennis courts, and golf courses (associated with a subdivision) for club or commercial purposes. (7) Single family detached residences in zero lot developments. (8) Yacht club with facilities. (9) Dock master facilities when associated with a rrualti-family development which has a marina (10) Private beach clubs with attendant recreational, dining, and related accessory facilities within one of the following areas: (a) the area lying south of Atlantic Dunes Park and east of State Road AlA, or (b) south of Casurina Road, north of Bucida road, and east of State Road AlA. (11) Multiple family residential development may exceed twelve (12) units per acre, up to a ma~dmum of twentyfour (24) units per acre within the Southwest Neighborhood Overlay District defined in Section 4.5.9, subject to the provisions of Section 4.4.6(I), Article 4.7, and based upon the development's conformance with the applicable standards and criteria described within the adopted Southwest Area Neighborhood Redevelopment Plan. (12) Multiple family residential development may exceed twelve (12) units per acre, up to a maximtun of twenty-four (24) units per acre within the Carver E states Overlay District ORD. N0.25-10 as defined in Section 4.5.11 and up to a maximum of eighteen (18) twits per acre within the Infill Workforce Housing Area, subject to the provisions of Section 4.4.6(1), and Article 4.7. (13) Bed and Breakfast Inns, subject to the provisions of LDR Section 4.3.3(Y) (14L Large Family Cfiild Care Home, subject to Section 4.3.3(TT). Section 7. That Section 4.4.7, "Planned Residential Development (PRD) District", Subsection (C), "Accessory Uses and Structures Permitted", and Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, are hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed whets apart of, or accessory to, the principal use: (1) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog horses and dog nms, garages, greenhouses, playhouses, pool houses and covers, pump horses, slat houses, storage sheds, tennis courts, vwrkshops, and home occt~ations. (2) Family Day Care home ptusuant to Section 4.3.3(T). (3) Recreational facilities attendant to a subdivision which is operated tinder a bonafide homeowners association str_h as: tennis courts, swimming pools, exercise area, clubhouse, and private golf courses. (4) The rental or lease of a boat dock when the cock is assigned to, or on the same lot as, each residential use on a one-to-one basis. (D) Conditional Uses and Structures Allowed: The following saes are allowed as conditional uses within the PRD District. (1) Child Care and Adult Day Care (2) The tae of comtron recreational facilities such as swimming pools, tennis courts, and golf courses for club or commercial purposes. (3) Private educational facilities subject to the restrictions set forth in Section 4.3.3 (HI--~~. (4) Large Family Child Cam Home, st>b~ect to Section 4.3.3(TTZ ORD. NO. 25-10 Section 8. That Section 4.4.9, "General Commercial (GC) District, Subsection (C), "Accessory Uses and Stnrtures Permitted", and Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, are hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots; (2) Refuse and service areas; (3) Provision of services and repair of items incidental to the principal use; (4) Storage of inventory either within the same structure as where the sale of goods occurs or in a separate structure on the same parcel provided that such storage facilities are not shared or leased independent of the prirr~ary commercial use on the site; (5) Single family detached dwellings for residence by business owners, proprietors, or err~loyees. (6) Family day care home ~nusuant to Section 4.3.3f T). (D) Conditional Uses and Structures Allowed: The following are allowed as conditional uses within the GC District, except as modified in the North Federal Highway Overlay District by Section 4.4.9(G)(2) and except as modified in the Four Comers Overlay District by Section 4.4.9(G)(3)(c). (1) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). (2) Amtserrent game facilities. (3) Wash establishments or facilities for vehicles. (4) Child Care and Adult Day Care. (5) Clubs and Lodges; social, fraternal, and recreational not exceeding 3,500 sq. ft. of gross floor area. (6) Drive-in Theaters. 9 ORD. NO. 25-10 (7) Flea Markets, bazaars, merchandise marts, and similar retail uses. (8) Funeral Homes. (9) Gasoline Stations or the dispensing of gasoline directly into vehicles. (10) Hotels and Motels. (11) Free-standing multiple-family housing subject to the requirements of the RM District except for setback and height regr.rirements which shall be pursuant to this Section (12) Recreational establishments such as bowling alleys, gyrrniasiums, health spas, miniature golf courses, skating rinks. (13) Sales and service of All Terrain Vehicles and personal watercraft (wavenmr~ers, jet skis), with no outside display, outside storage or outside service. (14) Vehicle care limited to the changing of oil and filters, and lubrication with rro mechanical work or outside storage of vehicles except as a part of a gasoline station (15) Veterinary Clinics. (16) Group Home, Type 2 and Commrmity Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). (17) Adult Gaming Centers. (18) Churches or places of worship, and their attendant Sunday school, recreational and columbarium facilities not exceeding 3,500 square feet of gross floor area The foregoing does not allow establishmalt of educational and care uses such as elementary school and general day care. (19) Multiple family residential development may exceed twelve (12) units per acre, up to a maxinurm of eighteen (18) units per acre within the Infill Workforce Housing Area, subject to the provisions of Section 4.4.6(1), and Article 4.7, and subject to the requirements of the RM District except for setback and height refits, which shall be prusuant to this Section (20) Assisted Living Facilities and Continuing Care Facilities subject to the requirenrrr~ of the RM District except for setback and height requiremalts which shall be pursuant to this Section (21) Large Family Child Care Horne, subject to Section 4.3.3(TTZ 10 ORD. NO.25-10 Section 9. That Section 4.4.9, "General Commercial (GC) District, Subsection (G), "Supplemental Regulations", Sub-subsection (3), "Four Comers Overlay District", of the Land Development Regulations of the City of Delray Beach, Florida, are hereby arr~ended to read as follows: (3) Four Corners Overlay District: The following supplemental district regulations apply to the Four Comers Overlay District, as defined in Section 4.5.14. (a) The permitted uses shall be those uses listed in Sections 4.4.9(B)(1,2,4,5). (b) The accessory uses shall be those uses listed in Section (C). (c) The conditional uses shall be those uses listed in Sections (D)(1, 3, 4,10, 12,15, 20 and 21). (d) Standards Pertaining to Allocation of Uses: Office uses can encompass up to one htmdred percent (100%) of the total building square footage within a Four Comers Overlay master development plan 2. Retail uses shall not encompass more than one htmdred percent (100%) of the total building area square footage of the Four Comets Overlay master development plan 3. Hotels, rrotels, and residential all suite lodging shall not encompass Yrore than 20% of the total building area square footage of the Four Comers Overlay master development plan. Notwithstanding the above, hotels, motels and residential all suite lodging can comprise 100% of the floor area of an individual building within a MDP containing multiple buildings. 4. Multi-family Dwelling Units: Multi-family uses excluding duplexes subject to (a)(b)(c)(d)(e) below, ranging in density not to exceed 30 units per acre subject to the following; a Residential units may comprise 75% of the total floor area of the development master plan at a ma~dmum density of (30) units per acre and only when proposed as part of a mixed-use development containing office and/or commercial uses. ORD. NO. 25-10 b. Residential developments most include a minimtun of 20% workforce twits consisting of moderate income workforce twits as defined by Article 4.7 Family/Workforce Housin& c. Workforce twits shall be subject to general provisions of Article 4.7.6, 4.7.7, 4.7.8, 4.7.9, and 4.7.10. d For mixed-use developments, the shared parking provisions of LDR Section 4.6.9. (C)(8) shall be allowed e. All residential developments shall be subject to the Performarue Standards of 4.4.13(1)(2) (e) Standards Unique to the Four Corners Overlay District: Where standards tmique to the Four Comers Overlay District conflict with standards contained elsewhere in the zoning, subdivision, and landscape codes, the standards of this Subsection shall apply. Lot Coverage & Open Space: a Land area equal to at least 25% of the individual Fot.i~ Comers Overlay District Master Development Plan (MDP) including the perimeter landscaped botmdary, shall be in open space. Water bodies and paved areas shall not be included in the meeting of this 25% open space regtttrernent. 2. Minimum Structure Size: Any free-standing non residential principal stnxttme shall have a minimtun floor area of 4,000 square feet; shall be architecturally consistent with other stn.rtties in the master development plan; and shall have direct access to and from other portions of the Four Comers Overlay development. 3. Office and Commercial Floor Heights shall be a minimum of twelve feet (12') floor to floor on the first floor and ten (10') floor to floor on all floors above. Residential uses shall have a minitntin nine feet (9') floor to floor on all floors. Hotel, xrotel and residential all strite lodging shall have a rnir>irrunn of eight feet six inches (8' 6") floor to floor on all floors. Atndliary and service rooms, such as, garages, restrooms, closets, laundry room, dressing rooms, storage rooms, mechanical, electrical, and plumbing 12 ORD. N0.25-10 equipment rooms are exempted from the floor height regulations. Section 10. That Section 4.4.13, "Central Business (CBD) District", Subsection (C), "Accessory Uses and Structures Permitted", and Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots. (2) Refuse and service areas. (3) Provision of services and repair of items incidental to the principal use. (4) Storage of inventory either within the same structure as where the sale of goods occurs or in a separate structure on the same parcel provided that such storage facilities are not shared or leased independent of the prunary commercial use of the site. (5) A single family residence, either separate or within a stnacture housing a nonresidential use, provided that the residence is occupied by the owner, proprietor, or employee of a business enterprise conducted on the property. (6) Recreational facilities attendant to a mukti-family residential development, such as tennis courts, s•~vimrriing pools, exercise areas, and meeting rooms. (~ Singke level mechanical parking lifts for in fill development projects that have been vacant for a muvrrunn period of one (1) yEar, puusuant to the requirerrtients of Sections 4.6.9(D)(11) and 4.6.9(F)(4). (8) Family day care home pursuant to Section 4.3.3fI'). (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) Amusetrent 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. 13 ORD. NO.25-10 (4) Financial institutions, e.g., banks and similar institutions including drive through facilities puusuant to restrictions set forth in Section 4.4.13(I~(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), beginniig at a point 105' south of N.E. 4~ Street. (~ Recreational establishrr~ents such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. (8) Veterinary clinics. (9) Movie theaters, excluding drive-ins. (10) Playhouses, dinner theaters, and places of assembly for commercial entertainmer-t purposes (e.g., concerts, live perfomiar~ces). (11) Flea markets, bazaars, merel~andise 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 rrrinimtun lot area of 20,000 sq.ft. (13) Multi-family dwelling units, excluding duplexes, at a density greater than 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 and limitations of Section 4.4.13(1). (14) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). (15) Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may provide their req~rired 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 Atlantic Neighborhood 14 ORD. NO. 25-10 (17) Hotels, rrotels, bed and breakfast inns, and residential-type inns on property located within the West Atlantic Neighborhood. (18) Free standing or mixed-use residential development at a density greater than tttielve (12) units per acre, but not exceeding 30 tanits per acre, on property located within the West Atlantic Neig~rborhood, subject to the standards and limitations of Section 4.4.13(I). (19) Bed and Breakfast Inns within the West Atlantic Neighborhood, subject to the provisions of LDR Section 4.3.3(Y) (20) Live/Work Unit, subject to Section 4.3.3(KKK). (21) Large Family Child Care Home subject to Section 4.3.3(TT). Section 11. That Section 4.4.17, "Residential Office (RO) District", Subsection (C), "Accessory Uses and Structures Perrrutted", and Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when apart of, or accessory to, the principal use: (1) Parking lots. (2) Refuse and service areas. (3) Uses and structures normally associated with residences stash as: bird aviaries, boat docks, doghouses and dog nms, garages, greenhouses, guest cottages, playhouses, pool houses and covers, ptamp houses, slat houses, storage sheds, tennis courts, ~wrkshops, s•~vimnting pools, and home occupations. (4) Family day care home ptarsuant to Section 4.3.3(T) (D) Conditional Uses and Structures Allowed: The follow~rtg uses are allowed as conditional uses within the RO District: (1) Child care and adult day care. (2) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). 15 ORD. N0.25-10 (3) Bed and Breakfast Inns, subject to the provisions of LDR Section 4.3.3(Y). (4) Group Home, Type 2, and Commt.uuty Residential Homes, pLmsuant to restrictions set forth in Section 4.3.3(I). Large Family Child Care Home subject to Section 4.3.3(TT). Section 12. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection (C), "Accessory Uses and Stnactures Permitted", and Subsection (D), "Conditional Uses and Strictures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby arrencled to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Uses and stnxtures normally associated with residences such as: bird aviaries, dog houses and cbg nms, garages, greenhouses, guest cottages, playhouses, pool houses and covers/enclosures, pump houses, slat houses, storage sheds, vwrkshops, s•winming pools, and home occupations. (2) On a parcel that has as its principal use anon-residential use, there maybe no rrtiore than twv residential units, either within a separate stn.~cture or within a stn~cture housing a non residential use. (3) Family Day Care Home, ptmsuant to Section4.3.3fT). (4) Parking lots and refuse storage areas (5) Outdoor dining areas which are accessory or supplemental to a restaurant or business use, provided the operation of the outdoor doling area is limited to daylight hours. (6) Within the following described areas, the uses allowed as accessory uses in Section 4.4.13(0) pursuant to the base district and special regulations of the Central BLSiness District regulations shall also be allowed in the OSSHAD: (a) Lots 13-16, Block 60 (b) Lots 1- 4, Block 61 (c) Lots 1- 7 and 19-24, Block 69 (d) Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and (e) Lots 1- 6, Block 76 (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the OSSHAD: 16 ORD. NO.25-10 (1) Outdoor dining which operates at night or which is the principal use or purpose of the associated restaurant. (2) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D), Child Care, Adult Day Care, and Nursing Homes. (3) Public Parking lots not associated with a use. (4) Residential-type inns, not to exceed rrore than eighteen (18) individually leased suites or rooms per acre. (5) Group Home, Type 2, and Commiuuty Residential Homes, pursuant to reslrictions set forth in Section 4.3.3(I). ~) L~r e~y Child Care Home, subject to Section 4.3.3(TT). Section 13. That Section 4.4.29, "Mixed Residential, Office And Commercial (NIlZOC) District", Subsection (C), "Accessory Uses and Structures Pem~itted", and Subsection (E), "Conditional Uses and Structures AllowEd", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: (C) Accessory Uses and Structures Pemutted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots and parking garages Plan (2) Refuse, service and loading areas (3) Meeting and conference facilities when associated with uses in the Master (4) Provision of services and repair of items incidental to the principal use. (5) Recreational facilities attendant to amulti-family residential development, such as tennis courts, swimming pools, exercise areas, and meeting morns. (6) Fleet Management, field operations services, and comrn~.nucation facilities associated with governmental offices and services. (7) Family Day Care Horre, pursuant to Section 4.3.3fT). 17 ORD. NO. 25-10 (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 maximum percentage for each use. (1) Health spas, fitness centers, gymtnasiturts, and exercise facilities which are open to the general public (2) Veterinary clinics. (3) Drive-thru facilities associ<zted with any allowed tee. (4) 24 hour late night busirbesses (except for govemmE.mtal 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 i~se will be considered similar to "Office Center" for the purposes of MROC regulations pertaining to types of uses, except for parking, which shall be pursuant to Section 4.4.29(H)(8). (~ Large Family Child Care Horne, subject to Section 4.3.3(T"TZ Section 14. That Appendix "A", "Definitions', of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended as follow: CHILD CARE FACILITY: An establishment in which custodial care is rendered to six or more children unrelated to the operator, and for which the owner or operator receives a payment, fee, or grant for any of the children receiving care, whether or not operating for profit. FAMILY DAY CARE l%AH HOME: An accessory use conducted in an p~vate occupied residence in which custodial care is rendered to one to €~ve six children, inclusive, and for which the owner or operator receives a payment, fee, or grant for any of the children receiving care, whether or not operating for profit. Baby-sitting services provided by an individual at the home of the parents or legal guardians is not deemed to be a Family Day Care Home LARGE FAMILY CHILD CARE HOME: An occupied residence in which custodial care 18 ORD. NO. 25-10 Section 15. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or vwrd 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 16. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 17. That this ordinance shall become effective immEadiately upon its passage on second and final reading PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2010. ATTEST MAYO R City Clerk Fast Reading Second Rea Coversheet 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: September 29, 2010 Page 1 of 2 SUBJECT: AGENDA ITEM 10 B -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 ORDINANCE NO 25-10 (FIRST READING/FIRST PUBLIC HEARING) ITEM BEFORE COMMISSION Consideration of acity-initiated amendment to the Land Development Regulations (LDRs) that will add Large Family Child Care Homes as a conditional use in specific zoning districts with established criteria to comport with changes in State law. Further, an increase to the limit on the number of children from five (5) to six (6) is made for Family Day Care Homes and reference is moved from individual zoning designations to the Special Regulations section of the Land Development Regulations. Finally, amendments to the accessory use and conditional use sections pertaining to specific zoning districts is made to effect these changes. BACKGROUND Recent legislative changes to Florida Statutes (HB 1045-specific to Palm Beach County) became effective on May 26, 2010. The proposed ordinance reflects the components of the bill, particularly those that introduce Large Family Child Care Homes as a newly defined use. The ordinance will allow that use as a conditional use in the following zoning districts: R-1 Single Family Residential RL-Residential Low Density RM-Medium Density Residential PRD-Planned Unit Development GC-General Commercial CBD-Central Business District CBD-RC-Central Business District-Railroad Corridor RO-Residential Office OSSHAD-Old School Square Historic Arts District MROC-Mixed Residential Office and Commercial Following are some of the criteria that will regulate Large Family Child Care Homes: http://agendas.mydelraybeach.com/Bluesheet.aspx?ItemID=3837&MeetingID=272 10/7/2010 Coversheet Page 2 of 2 -Two full-time child care personnel must be on the premises during the hours of operation, one of whom must be the owner or occupant of the residence. -The use must have first operated as a licensed family day care home for two years, with an operator who has had a child development associate credential or its equivalent for one (1) year. -A large family child care home will be allowed to provide care for one of the following groups of children which shall include those children under 13 years of age who are related to the caregiver: A maximum of eight (8) children from birth to 24 months of age, or; A maximum of twelve (12) children with no more than four (4) children under 24 months of age. -Facilities must contain a minimum floor area of 35 square feet per child, exclusive of space devoted to bathrooms, halls, kitchen, offices, and storage. -There must be a minimum area of 75 square feet of outdoor play area per child. The play area must be located on the same lot as the principal use and can not be located in the front yard setback or adjacent to any outdoor storage area. The play area shall be surrounded by a six-foot high fence or wall. -A pick-up and drop-off area for children must be provided in a convenient area adjacent to the building and shall provide clear ingress and egress to the building. Additionally, the amendment increases the limit on the number of children allowed in a Family Day Care Home from five (5) to six (6). Minor changes to the definitions of Child Care Facility and Family Day Care Facilities (now Home) are also included. The conditional use and accessory use sections are amended to include these uses with references made to the Special Regulations section of the Land Development Regulations. REVIEW BY OTHERS The Planning and Zoning Board voted 5 - 1 recommending approval at their August 23, 2010 meeting. RECOMMENDATION By motion, approve on first reading Ordinance No. 25-10 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://agendas.mydelraybeach.com/B luesheet.aspx?Item ID=3 83 7&MeetingID=272 10/7/2010 MEETING DATE: AUGUST 23, 2010 AGENDA NO: IV.C. 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 (T), "FAMILY DAY CARE" AND ENACTING A NEW SUBSECTION (TT), "LARGE FAMILY CHILD CARE HOME"; AMENDING SUBSECTION (C), "ACCESSORY USES AND STRUCTURES PERMITTED" AND SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED" OF SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS", SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SECTION 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", AND SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)"; AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (G), "SUPPLEMENTAL REGULATIONS", SUB-SUBSECTION (3), FOUR CORNERS OVERLAY DISTRICT; AMENDING SECTION 4.4.29, "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT", SUBSECTION (C), "ACCESSORY USES AND STRUCTURES PERMITTED" AND SUBSECTION (E), "CONDITIONAL USES AND STRUCTURES ALLOWED", IN ORDER TO UPDATE THE LAND DEVELOPMENT REGULATIONS TO COMPORT WITH CHANGES IN STATE LAW; AMENDING APPENDIX A, "DEFINITIONS", TO REVISE THE DEFINITIONS OF "CHILD CARE FACILITY" AND "FAMILY DAY CARE FACILITIES" AND ENACTING A NEW DEFINITION, "LARGE FAMILY CHILD CARE HOME" ~ 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 will add Large Family Child Care Homes as a conditional use in specific zoning districts with established criteria to comport with changes in State law. Further, an increase to the limit on the number of children from five (5) to six (6) is made for Family Day Care Homes and reference is moved from individual zoning designations to the Special Regulations section of the Land Development Regulations. Finally, amendments to the accessory use and conditional use sections pertaining to specific zoning districts is made to effect these changes. 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. Planning and Zoning Board Meeting, August 23, 2010 LDR Amendment -Large Family Child Care Home Recent legislative changes in the Florida Statutes (HB 1045-specific to Palm Beach County) became effective on May 26, 2010. The proposed ordinance reflects the components of the bill, particularly those that introduce Large Family Child Care Homes as a newly defined use. The ordinance will allow the use by conditional use in the following zoning districts: R-1 Single Family Residential RL-Residential Low Density RM-Medium Density Residential PRD-Planned Unit Development GC-General Commercial CBD-Central Business District CBD-RC-Central Business District-Railroad Corridor RO-Residential Office OSSHAD-Old School Square Historic Arts District MROC-Mixed Residential Office and Commercial Following are some of the criteria that will regulate Large Family Child Care Homes: ^ Two full-time child care personnel must be on the premises during the hours of operation, one of whom must be the owner or occupant of the residence. ^ The use must have first operated as a licensed family day care home for two years, with an operator who has had a child development associate credential or its equivalent for one (1) year. ^ A large family child care home will be allowed to provide care for one of the following groups of children which shall include those children under 13 years of age who are related to the caregiver: o A maximum of eight (8) children from birth to 24 months of age, or; o A maximum of twelve (12) children with no more than four (4) children under 24 months of age. ^ Facilities must contain a minimum floor area of 35 square feet per child, exclusive of space devoted to bathrooms, halls, kitchen, offices, and storage. ^ There must be a minimum area of 75 square feet of outdoor play area per child. The play area must be located on the same lot as the principal use and can not be located in the front yard setback or adjacent to any outdoor storage area. The play area shall be surrounded by a six-foot high fence or wall. ^ A pick-up and drop-off area for children must be provided in a convenient area adjacent to the building and shall provide clear ingress and egress to the building. ^ Anew definition is provided for Large Family Child Care Home consistent with HB 1045 that allows up to 12 children. Additionally, the amendment increases the limit on the number of children allowed in a Family Day Care Home from five (5) to six (6). Minor changes to the definitions of Child Care Facility and Family Day Care Facilities (now Home) are also included. The conditional use and accessory use sections are amended to include these uses with references made to the Special Regulations section of the Land Development Regulations. 2 Planning and Zoning Board Meeting, August 23, 2010 LDR Amendment -Large Family Child Care Home 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. A thorough review of the Comprehensive Plan was conducted and while there are no specific sections to which this amendment would be found consistent, the amendment is not inconsistent with the Comprehensive Plan. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council ^ Progressive Residents of Delray (PROD) Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed amendment reflects the recent changes in the Florida Statutes that pertain to child care uses in Palm Beach County. 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 (T), "Family Day Care" And Enacting A New Subsection (TT), "Large Family Child Care Home"; Amending Subsection (C), "Accessory Uses And Structures Permitted" And Subsection (D), "Conditional Uses And Structures Allowed" Of Section 4.4.3, "Single Family Residential (R-1) Districts", Section 4.4.5, "Low Density Residential (RL) District", Section 4.4.6, "Medium Density Residential (RM) District", Section 4.4.7, "Planned Residential Development (PRD) District", Section 4.4.9, "General Commercial (GC) District", Section 4.4.13, "Central Business (CBD) District", Section 4.4.17, "Residential Office (RO) District", And Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)"; Amending Section 4.4.9, "General Commercial (GC) District", Subsection (G), "Supplemental Regulations", Sub-Subsection (3), Four Corners Overlay District; Amending Section 4.4.29, "Mixed Residential, Office And Commercial (MROC) District", Subsection (C), "Accessory Uses And Structures Permitted" And Subsection (E), "Conditional Uses And Structures Allowed", In Order To Update The Land Development Regulations To Comport With Changes In State Law; Amending Appendix A, "Definitions", To Revise The Definitions Of "Child Care Facility" And "Family Day Care Facilities" And Enacting A New Definition, "Large Family Child Care Home", by adopting the findings of fact and law contained in the staff report, and finding that the text 3 Planning and Zoning Board Meeting, August 23, 2010 LDR Amendment -Large Family Child Care Home 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 (T), "Family Day Care" And Enacting A New Subsection (TT), "Large Family Child Care Home"; Amending Subsection (C), "Accessory Uses And Structures Permitted" And Subsection (D), "Conditional Uses And Structures Allowed" Of Section 4.4.3, "Single Family Residential (R-1) Districts", Section 4.4.5, "Low Density Residential (RL) District", Section 4.4.6, "Medium Density Residential (RM) District", Section 4.4.7, "Planned Residential Development (PRD) District", Section 4.4.9, "General Commercial (GC) District", Section 4.4.13, "Central Business (CBD) District", Section 4.4.17, "Residential Office (RO) District", And Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)"; Amending Section 4.4.9, "General Commercial (GC) District", Subsection (G), "Supplemental Regulations", Sub-Subsection (3), Four Corners Overlay District; Amending Section 4.4.29, "Mixed Residential, Office And Commercial (MROC) District", Subsection (C), "Accessory Uses And Structures Permitted" And Subsection (E), "Conditional Uses And Structures Allowed", In Order To Update The Land Development Regulations To Comport With Changes In State Law; Amending Appendix A, "Definitions", To Revise The Definitions Of "Child Care Facility" And "Family Day Care Facilities" And Enacting A New Definition, "Large Family Child Care Home", 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 (T), "Family Day Care" And Enacting A New Subsection (TT), "Large Family Child Care Home"; Amending Subsection (C), "Accessory Uses And Structures Permitted" And Subsection (D), "Conditional Uses And Structures Allowed" Of Section 4.4.3, "Single Family Residential (R-1) Districts", Section 4.4.5, "Low Density Residential (RL) District", Section 4.4.6, "Medium Density Residential (RM) District", Section 4.4.7, "Planned Residential Development (PRD) District", Section 4.4.9, "General Commercial (GC) District", Section 4.4.13, "Central Business (CBD) District", Section 4.4.17, "Residential Office (RO) District", And Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)"; Amending Section 4.4.9, "General Commercial (GC) District", Subsection (G), "Supplemental Regulations", Sub-Subsection (3), Four Corners Overlay District; Amending Section 4.4.29, "Mixed Residential, Office And Commercial (MROC) District", Subsection (C), "Accessory Uses And Structures Permitted" And Subsection (E), "Conditional Uses And Structures Allowed", In Order To Update The Land Development Regulations To Comport With Changes In State Law; Amending Appendix A, "Definitions", To Revise The Definitions Of "Child Care Facility" And "Family Day Care Facilities" And Enacting A New Definition, "Large Family Child Care Home", 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 Ordinance 25-10 4