Ord 35-10ORDINANCE NO. 35-10
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, BY AMENDING SECTION 4.4.9, "GENERAL
COMMERCIAL (GC) DISTRICT", SUBSECTION (B), "PRINCIPAL
USES AND STRUCTURES PERMIT'T'ED", SECTION 4.4.11,
"NEIGHBORHOOD COMMERCIAL (NC) DISTRICT",
SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES
PERMITTED", SECTION 4.4.13, "CENTRAL BUSINESS (CBD)
DISTRICT", SECTION (B), "PRINCIPAL USES AND
STRUCTURES PERMITTED"; SECTION 4.4.24, "OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION
(B), "PRINCIPAL USES AND STRUC'T'URES"; AND SECTION
4.4.29, "MI1ED RESIDENTIAL, OFFICE AND COMMERCIAL
(MROC) DIS IRICT", SUBSECTION (B), "PRINCIPAL USES AND
S"1'RUCTUKES PERMITTED", TO PROVIDE A CONSISTENT
REFERENCE TO PHARMACIES; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on September 20, 2010 and voted 7 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.4.9, "General Commercial (GC) District", Subsection (B),
"Principal Uses and Structures Permitted", of the Land Development Regulations of the City of
Delray Beach, be and the same is hereby amended to read as follows:
(B) Principal Uses and Structures Permitted: The following are allowed within the
GC District as permitted uses, except as modified in the Four Corners Overlay District by
Section 4.4.9(G)(3)(a).
(I) General retail uses and/or facilities including, but not limited to:
(a) Antiques, arts and crafts, automotive parts, baked goods, books, carpet
and floor covering, cheeses, beer, wine, liquor, confectioneries,
cosmetics, meats, draperies and slipcovers,
pharmacies, electrical fixtures and supplies, fabrics, fish, flowers and
plants, fruits and vegetables, food, garden supplies, gifts, glassware,
hardware and paints, home furnishings, ice cream, lawn care equipment,
leather goods, luggage, medical and surgical equipment, music and
musical instruments, nautical supplies, office furniture equipment and
supplies, pets and pet supplies, photographic equipment and supplies,
sewing supplies, sporting goods, toys, wearing apparel and accessories,
appliances, bicycles, business machines, jewelry.
(2) Business, Professional, and Medical uses including, but not limited to:
(a) Interior decorating, medical and dental clinics, medical and dental
laboratories, photographic studios, printing and publishing, business
offices, professional offices, and medical offices.
(3) Contractor's Offices, including but not limited to:
(a) Air conditioning, general contractor, electrical, painting, and plumbing;
however, any outside storage of materials is prohibited.
(4) Services and Facilities including, but not limited to:
(a) Auctions, barber and beauty shops and salons, caterers, dry cleaning
limited to on-site processing for customer pickup only, dry cleaning and
laundry pickup stations, financing e.g. banks and similar institutions
including drive-through facilities, Laundromats limited to self-service
facilities, pet grooming, restaurants including drive-in and drive-
through, tailoring, tobacconist, vocational schools limited to arts and
crafts, business, beauty, dancing, driving, gymnastics, photography,
2 ORD. NO. 35-10
modeling, and karate-judo, small item repair, and rental of sporting
goods and equipment (such as but not limited to bicycles, skates, boogie
boards).
(b) Abused spouse residence with forty (40) or fewer residents, galleries,
broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g.
gyms and clubs, indoor shooting ranges, museums, libraries,
newsstands, commercial or public parking lots and parking garages,
theaters excluding drive-ins.
(5) Dwelling units in the same structure as commercial uses provided that:
commercial uses must be provided on the ground floor; commercial uses on the ground
floor must occupy no less than 25% of the total structure excluding square footage devoted
to vehicular use; residential uses are not located on the ground level; residential uses and
non-residential uses are physically separated and have separate accessways; and the
residential density does not exceed 12 units per acre, except the Four Corners District which
may have a free standing residential building as part of amulti-building unified master plan
or the residential component may be a part of a single mixed use building. The density of the
Four Corners Master Plan shall not exceed 30 dwelling units per acre and is subject to the
provisions under Section 4.4.9 (G)(3)(d)(4).
(C) Astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic
readers, spiritualists, numerologists and mental healers, subject to the locational restrictions
of Section 4.4.9(H)(3).
(7) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I).
Section 3. That Section 4.4.11, "Neighborhood Commercial (NC) District", Subsection
(13), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of
Delray 13each, be and the same is hereby amended to read as follows:
(I3) Principal Uses and Structures Permitted: The following types of uses are allowed
within the NC District subject to the limitations per Subsection (H) as a permitted use:
(1) Retail sales uses and/or facilities such as: convenience foods; household
supplies; garden and lawn supplies; pharmacies; small appliance sales
and repairs; baked goods; delicatessen goods.
(2) Provision of services such as: barber and beauty shops; dry cleaning limited
to on-site processing for customer pickup only; dry cleaning and laundry pickup stations;
vocational schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics,
photography, modeling, and karate-judo; financing e.g. banks and similar institutions
3 ORD. NO. 35-10
excluding drive-through facilities; laundromats limited to self-service facilities; dining at sit
down restaurants including takeout and ice cream parlors but excluding drive-in, drive-
through facilities; newsstands.
(3) Business and Professional Offices.
Section 4. That Section 4.4.13, "Central Business (CBD) District", Subsection (B),
"Principal Uses and Structures Permitted", of the Land Development Regulations of the City of
Dekay Beach, be and the same is hereby amended to read as follows:
(B) Principal Uses and Structures Permitted: The following types of use are allowed
within the CBD District as a permitted use:
(1) General retail uses and/or facilities including, but not limited to:
(a) Antiques, arts and crafts, automotive parts, baked goods, books, carpet
and floor covering, cheeses, beer, wine, liquor, confectioneries,
cosmetics, meats, draperies and slipcovers,
pharmacies, electrical fixtures and supplies, fabrics, fish, flowers and
plants, fruits and vegetables, food, garden supplies, gifts, glassware,
hardware and paints, home furnishings, ice cream, lawn care equipment,
leather goods, luggage, medical and surgical equipment, music and
musical instruments, nautical supplies, office furniture equipment and
supplies, pets and pet supplies, photographic equipment and supplies,
sewing supplies, sporting goods, toys, wearing apparel and accessories,
appliances, bicycles, business machines, jewelry.
(2) Business, Professional and Medical uses pursuant to restrictions set forth in
Section 4.4.13(H)(1) including, but not limited to:
(a) Interior decorating, medical and dental clinics, medical and dental
laboratories, photographic studios, printing and publishing, business,
medical and professional offices.
(3) Services and facilities including, but not limited to:
(a) Auctions, barber and beauty shops and salons, caterers, dry cleaning
limited to on-site processing for customer pickup only, dry cleaning and
laundry pickup stations, laundromats limited to self-service facilities, pet
grooming, restaurants excluding drive-in and drive-through, outdoor
cafes, tailoring, tobacconist, vocational schools limited to arts and crafts,
business, beauty, dancing, driving, gymnastics, photography, modeling,
4 ORD. NO. 35-]0
and karate-judo, small item repair, and rental of sporting goods and
equipment (such as but not limited to bicycles, skates, boogie boards).
(b) Galleries, broadcast studios, butcher shops, cocktail lounges, exercise
facilities e.g. gyms and clubs, museums, libraries, newsstands,
commercial or public parking lots and parking garages.
(c) Public open space plazas
(4) Multi-family dwelluig units, excluding duplexes, up to a maximum density
of thirty (30) units per acre except for the West Atlantic Neighborhood or Beach District,
where the maximum density is twelve (12) dwelling units per acre.
(5) Hotels, motels, and residential-type inns except in the West Atlantic
Neighborhood.
(6) Assisted Living Facilities and Continuing Care Facilities, up to a maximum
density of thirty (30) units per acre except for the West Atlantic Neighborhood or Beach
District, where the maximum density is twelve (12) dwelling units per acre.
(7) Bed and Breakfast Inns, except in the West Atlantic Neighborhood, subject
to the provisions of Section 4.3.30.
Section 5. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)",
Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of
the City of Delray Beach, be and the same is hereby amended to read as follows:
(B) Principal Uses and Structures: The following types of uses are allowed within the
OSSHAD as a permitted use:
(I) Single family detached dwellings.
(2) Duplex structures.
(3) Business, Professional, Medical and Governmental Offices.
(4) Retail sxle~s uses and/or facilities through specialty shops (single purpose
businesses) such as: bath shops, book stores, gift shops, florists, hobby shops, kitchen
shops, boutiques, bicycle shops, excluding liquor stores, convenience stores and ci~rug~~es
pharmacies.
(5) Arts related businesses such as craft shops, galleries, and studios within
5 ORD. NO. 35-10
which is conducted the preparation of, display of, and/or sale of art products such as
antiques, collectibles, custom apparel, jewelry, paintings, photography, picture framing,
pottery, sculpture, stained glass.
(6) Educational and/or Instructional activities including training, vocational, or
craft schools, the arts, personal development, and libraries, museums, and social and
philanthropic institutions.
(7) Restaurants of a sit down nature such as a cafe, snack shop, full service dining
but excluding any drive-in and/or drive-through facilities or features.
(8) Providing of personal services such as barbershops, beauty shops, salons,
cosmetologists.
(9) Bed and Breakfast Inns, subject to the provisions of LDR Section 4.3.3(1.
(10) Catering services not associated with a restaurant, subject to the special
regulations of Section 4.4.24(H)
(11) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I).
(12) Within the following described areas, the uses allowed as permitted uses in
Section 4.4.13(B) 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
(13) Assisted Living 1Facilities
Section 6. That Section 4.4.29, "Mixed Residential, Office and Commercial (MROC)
District", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development
Regulations of the City of Delray Beach, be and the same is hereby amended to read as follows:
(I3) Principal Uses and Structures Permitted: The following types of uses are
allowed within the MROC district as permitted uses:
(1) Office Center: The "Office Center" uses within an MROC development may
comprise as much as one hundred percent (100%) of the total building square footage
ORD. NO. 35-10
within the development. These uses can include:
(a) Financial Institutions, e.g., banks, savings and loan establishments,
brokerage firms.
(b) Medical Offices, e.g., physicians, dentists, chiropractors, podiatrists,
optometrists, etc.
(c) Professional Offices, e.g., attorneys, engineering firms, architectural
(d) Governmental offices, e.g., including federal, state, county, and local
offices, along with their related fleet and communications operations
(which will be considered accessory uses to governmental offices and
services), civic centers, courthouses, fire stations, public health facility,
law enforcement offices and facilities, post office, public utility facilities,
communication towers and community facilities such as civic centers,
cultural facilities, libraries, auditoriums, museums, and public recreation
facilities, and services such as day care centers, abuse, child care centers.
(e) Business Support Services, primarily engaged in rendering services to
other building establishments, e.g., such as mailing, building
maintenance, personnel and employment services, management, and
consulting services, protective services, copy and printing, travel, office
supply, and similar services.
(2) Research and Development: Research and Development (R&D) uses involve
either some degree of product creation, testing, evaluation, and development or the
provision of testing and evaluation services for use by others. R&D uses may constitute
100% of the total building square footage within the development. Examples of such uses or
resulting products include:
(a) Product Creation, "Testing, Evaluation, and Development:
1. computer hardware
2. computer software
3. pharmaceuticals
(b) Research and Development Services:
1. calibration laboratories or services
2. chemical laboratories
3. commercial testing laboratories
~ ORD. NO. 35-10
4. soil laboratories
5. scientific research laboratories
(3) General Retail Uses: Retail uses and/or facilities not to exceed 20% of the
total building square footage of the development, including, but not limited to:
(a) Restaurants, baked goods, books, cheeses, beer, wine, liquor,
confectioneries, cosmetics, meats,
pharmacies, flowers and plants, fruits and vegetables, food, gifts,
glassware, ice cream, leather goods, luggage, medical and surgical
equipment, music and musical instruments, nautical supplies, office
furniture equipment and supplies, pets and pet supplies, photographic
equipment and supplies, sewing supplies, sporting goods, toys, wearing
apparel and accessories, appliances, bicycles, business machines, jewelry.
(b) Barber and beauty shops and salons, caterers, dry cleaning limited to on-
site processing for customer pickup only, dry cleaning and laundry
pickup stations, outdoor cafes, tailoring, tobacconist.
(c) Galleries, butcher shops, cocktail lounges, exercise facilities, museums,
libraries, newsstands, commercial or public parking lots and parking
garages.
(4) Multi-family Dwelling Units: Multi-family uses excluding duplexes subject to
(a)(b)(c)(d) below, ranging in density between 40 and 50 units per acre subject to the
following;
(a) Residential units within 1,000 linear feet of the Tri-Rail Transit station
(measured by airline route) may comprise 100% of the total floor area
of the development master plan at a maximum density of (50) units per
acre. If a portion of the parcel is within 1,000 linear feet, this regulation
shall apply to the entire parcel.
(b) Residential units between 1,001 and 2,500 linear feet of the Tri-Rail
Transit station (measured by airline route) may comprise 80% of the
total floor area of the development master plan at a maximum density
of (50) units per acre and only when proposed as part of a mixed-use
development containing office and/or commercial uses. If a portion of
the parcel is within 2,500 linear feet, this regulation shall apply to the
entire parcel.
(c) Residential units at a distance (measured by airline route) greater than
g ORD. NO.35-10
2500 feet of a transit station may comprise 75% of the total floor area
of the development master plan at a maximum density of (40) units per
acre and only when proposed as part of a mixed-use development
containing office and/or commercial uses.
1. 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
2. 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. Notwithstanding the above,
residentially developed sites within 1,000 linear feet (measured by
airline route) of the Tri-Rail station can contain 100% workforce
housing units. If a portion of the parcel is within 1,000 linear feet,
this regulation shall apply to the entire parcel.
3. For mixed-use developments, the shared parking provisions of LDR
Section 4.6.9. (C)(8) shall be allowed.
4. All residential developments shall be subject to the Performance
Standards of 4.4.13(I)(2)
(5) Hotel, Motel and Residential All Suite Lodging: These types of uses may
comprise up to 20% of the total floor area of the overall master plan. For the purpose of
calculating the percentages of uses within the development master plan, multiple hotels,
motels, and residential all suite lodging uses will be considered one specific use category.
(6) Assisted Living Facilities and Continuing Care Facilities subject to the
requirements set forth in Section 4.4.29(B)(4) a, b, and c above.
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. That 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.
9 ORD. NO. 35-10
10 ORD. NO. 35-10
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 B -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010
ORDINANCE NO 35-10~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 Land Development Regulations (LDR) replacing several references to "Medicines and
Prescriptions", "Drugs and Medicine" and "Drug Store" with the term "Pharmacies".
BACKGROUND
At first reading on October 5, 2010, the Commission approved Ordinance No. 35-10.
RECOMMENDATION
Recommend approval of Ordinance No. 35-10 on second and final reading.
http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=3885&MeetingID=274 10/22/2010
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 1
SUBJECT: AGENDA ITEM 10 C. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010
ORDINANCE N0.35-10 (FIRST READING/FIRST PUBLIC HEARING)
ITEM BEFORE COMMISSION
Consideration of acity-initiated amendment to the Land Development Regulations (LDRs) that will
provide a consistent reference to the teen "pharmacies."
BACKGROUND
Only the PCC (Planned Commercial Center) includes the specific use and title of "pharmacy." Other
zoning districts throughout the Land Development Regulations identify the "pharmacy" use as
"medicines and prescriptions", "drugs and medicine" and "drug stores." It could be argued that
because the exact land use term of "pharmacy" is used in one zoning district (i.e., PCC), and is not
specifically used in other zoning districts, the specific regulations pertaining to Pharmacies would not
apply. To clarify that the pharmacy regulations apply to all of these uses, all references are being
modified to a consistent reference of "Pharmacies".
REVIEW BY OTHERS
The Planning and Zoning Board voted 7 - 0 recommending approval at their September 20, 2010
meeting.
RECOMMENDATION
By motion, approve on first reading Ordinance No. 35-10 for a City 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/Bluesheet.aspx`?ItemID=3835&MeetingID=272 10/7/2010
ORDINANCE N0.35-10
AN ORDINANCE OF THE QTY COMMISSION OF THE QTY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE QTY OF DELRAY
BEACH, BY AMENDING SECTION 4.4.9, "GENERAL
COMMERCIAL (GC) DISTRICT", SUBSECTION (B), "PRINCIPAL
USES AND STRUCTURES PERMITTED", SECTION 4.4.11,
"NEIGHBORHOOD COMMERCIAL (NC) DISTRICT",
SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES
PERMITTED", SECTION 4.4.13, "CENTRAL BUSINESS (CBD)
DISTRICT", SECTION (B), "PRINCIPAL USES AND
STRUCTURES PERMITTED"; SECTION 4.4.24, "OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION
(B), "PRINC[PAL USES AND STRUCTURES"; AND SECTION
4.4.29, "NIIXED RESIDENTIAL, OFFICE AND COMMERCIAL
(MIZOC) DISTRICT", SUBSECTION (B), 'PRINC[PAL USES AND
STRUCTURES PERMITTED", TO PROVIDE A CONSISTENT
REFERENCE TO PHARMACIES; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, p~usuant to LDR Section 1.1.6, the Planning and Zoning Board revie~d the
proposed text amendment at a public hearing held on September 20, 2010 and voted 7 to 0 to
recommend that the changes be approved; and
WHEREAS, ptu~suant to Florida Statuke 163.3174(4)(c), the Plaruung and Zorng Board,
sitting as the Local Planning Agency, has cletemirtied that the change is consistent with and fiuthers
the goals, objectives and policies of the Comprehe<sive Plan; and
WHEREAS, the City Commission of the City of Delray Beach acbpts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMMISSION OF THE
QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are in,conporated herein.
Section 2. That Section 4.4.9, "General Comrrierrial (GC) District", Subsection (B),
"Principal Uses and Structures Permitted", of the Land Development Regulations of the City of
Delray Beach, be and the same is hereby amended to read as follows:
(B) Principal Uses and Structures Permitted The following are allowed within the
GC District as permitted uses, except as modified in the Four Comets Overlay District by
Section 4.4.9(G)(3)(a).
(1) General retail uses and/or facilities including, but not limited to:
(a) Antiques, arts and crafts, autorrotive parts, baked goods, books, carpet
and floor covering, cheeses, beer, wine, liquor, confectioneries,
cosmetics, meats, draperies and slipcovers,
pharmacies, electrical fixhu~es and supplies, fabrics, fish, flowers and
plants, fruits and vegetables, food, garden supplies, gifts, glassware,
hardware and paints, home funmislmings, ice cream, lawn care egtripment,
leather goods, luggage, medical and surgical equipment, music and
musical instnmments, nautical supplies, office furniture equipment and
supplies, pets and pet supplies, photographic equipment and supplies,
sewing supplies, sporting goods, toys, wearing apparel and accessories,
appliances, bicycles, business rr~achirmes, jewelry.
(2) Business, Professional, and 1Vledical uses including, but not limited to:
(a) Interior decornting, medical and dental clinics, medical and dental
laboratories, photographic studios, printing and publishing, business
offices, professional offices, and meclical offices.
(3) Contractor's Offices, including but not lirrrited to:
(a) Air conditioning, gerueral contractor, electrical, painting, and plumbirmg;
however, any outside storage of materials is prohibited
(4) Services and Facilities including, but not limited to:
(a) Auctions, barfier and beauty shops and salons, caterers, dry cleaning
limited to on sate processing for customer pickup only, dry cleaning and
laundry pickup stations, financing e.g banks and similar institutions
including drive-through facilities, Laundromats lirited to self-service
facilities, pet grooming, restaurants including drive-in and drive-
through, tailoring, tobacconist, vocational schools limited to arts and
crafts, business, beauty, dancing, driving, gyrrumastics, photography,
2 ORD. NO. 35-10
rrndeling, and karate-ju,c~, small item repair, and rental of sporting
goods and equipment (such as but not limited to bicyeles, skates, boogie
boards).
(b) Abused spouse residence with forty (40) or fewer residents, galleries,
broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g.
gyrr~ aril clubs, indoor shooting ranges, museums, libraries,
newsstands, commercial or public parking lots and parking garages,
theaters excluding drive-ins.
(5) Dwelling units in the same structure as commercial uses provided that:
commercial uses must be provided on the ground floor; commercial uses on the ground
floor must occupy no less than 25% of the total structure excluding square footage devoted
to vehicular use; residential uses are not located on the ground level; residential uses and
non residential uses are physically separated and have separate accessways; and the
residential density does not exceed 12 units per acre, except the Four Corners District which
may have a free standing residential building as part of amulti-building unified master plan
or the residential component may be a part of a single mixed use building. The density of the
Four Comers Master Plan shall not exceed 30 clwellulg units per acre and is subject to the
provisions under Section 4.4.9 (G)(3)(d)(4).
(6) Astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic
readers, spiritualists, numerologists and mental healers, subject to the locational restrictions
of Section 4.4.9(H)(3).
(~ Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I).
Section 3. That Section 4.4.11, "Neighborhood Commercial (NC) District", Subsection
(B), "Principal Uses and Structures Permitted", of the I and Developrrent Regulations of the City of
Delray Beach, be and the same is hereby amended to read as follows:
(B) Principal Uses and Structures Permitted: The following types of uses are allowed
within the NC District subject to the limitations per Subsection (H) as a permitted use:
(1) Retail sales uses and/or facilities such as: convenience foods; household
supplies; garden and ]awn supplies; d~-aHd-~ed~ie pharn~acies; small appliance sales
and repairs; baked goods; delicatessen goods.
(2) Provision of services such as: barber and beauty shops; dry cleaning limited
to on site processing for customer pickup only, dry cleaning and laundry pickup stations;
vocational schools limited to arts and crafts, business, beauty, dancing, driving, gyrru~astics,
photography, rrocleling, and karate-judo; financing e.g. banks and similar institutions
ORD. NO. 35-10
excluding drive-through facilities; Laundromats limited to self-service facilities; dining at sit
down restaurants including takeout and ice cream parlors but excluding drive-in, drive-
through facilities; newsstands.
(3) Business and Professional Offices.
Section 4. That Section 4.4.13, "Central Business (CBD) District", Subsection (B),
"Principal Uses and Stnrtures Pemutted", of the Land Development Regulations of the City of
Delray Beach, be and the same is hereby amended to read as follows:
(B) Principal Uses and Structures Pemitted The following types of use are allowed
within the CBD District as a permitted use:
(1) General retail uses and/or facilities including, but not limited to:
(a) Antiques, arts and crafts, automotive parts, baked goods, books, carpet
and floor covering, cheeses, beer, wine, liquor, confectioneries,
cosmetics, Treats, draperies and slipcovers,
pharmacies, electrical fixtures and supplies, fabrics, fish, flowers and
plants, fruits and vegetables, food, garden supplies, gifts, glassware,
hardware and paints,llorre furnishings, ice cream, lawn care equipment,
leather goods, luggage, medical and surgical equipment, music and
musical instnm~ents, nautical supplies, office furniture equipment ar~d
supplies, pets and pet supplies, photographic equipment and supplies,
sewing supplies, sporting goods, toys, wearing apparel and accessories,
appliances, bicycles, business machines, jewelry.
(2) Business, Professional and Medical uses pursuant to restrictions set forth in
Section 4.4.13(I-~(1) including, but not lirruted to:
(a) Interior decorating, medical and dental clinics, medical arul dental
laboratories, photographic studios, printing and publishing, business,
medical and professional offices.
(3) Services and facilities including, but not limited to:
(a) Auctions, barber and beauty shops and salons, caterers, dry cleaning
limited to on site processing for customer pickup only, dry cleaning and
laundry pickup stations, Laundromats limited to self-service facilities, pet
grooming, restaurants excluding drive-in and drive-through, outdoor
cafes, tailoring, tobacconist, vocational schools limited to arts and crafts,
business, beauty, darning, driving, gyrru~astics, photography, rr~odeling,
4 ORD. NO. 35-10
and karate-judo, small item repair, and rental of sporting goods and
equipment (such as but not limited to bicycles, skates, boogie boards).
(b) Galleries, broadcast studios, butcher shops, cocktail lounges, exercise
facilities e.g. gyms and clubs, museum, libraries, newsstands,
commercial or public parking lots and parking gam-ages.
(c) Public open space plazas
(4) Multi-family dwelling units, excluding duplexes, up to a maximum density
of thirty (30) units per acre except for the West Atlantic Neighborhood or Beach District,
where the maximum density is twelve (12) dwelling units per acre.
(5) Hotels, motels, and residential-type inns except in the West Atlantic
Neighborhood
(6) Assisted Living Facilities and Continuing Care Facilities, up to a ma~dmum
density of thirty (30) units per acre except for the West Atlantic Neighborhood or Beach
District, where the xnaximtmrn density is twelve (12) dwelling units per acre.
(~ Bed and Breakfast Inns, except in the West Atlantic Neighborhood, subject
to the provisions of Section 4.3.3(Y).
Section 5. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)",
Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of
the City of Delray Beach, be and the same is hereby amended to read as follows:
(B) Principal Uses and Structures: The following types of uses are allowed within the
OSSHAD as a permitted use:
(1) Single family detached dwellings.
(2) Duplex structures.
(3) Business, Professional, Meclical and Governmental Offices.
(4) Retail sales uses and/or facilities through specialty shops (single purpose
businesses) such as: bath shops, book stores, gift shops, florists, hobby shops, kitchen
shops, boutiques, bicycle shops, excluding liquor stores, convenience stores and d~
pharmacies.
(5) Arts related businesses such as craft shops, galleries, and studios within
ORD. NO. 3~-10
which is conducted the preparation of, display of, and/or sale of art products such as
antiques, collectibles, custom apparel, jewelry, paintings, photography, picture framing,
pottery, sculpture, stained glass.
(6) Educational and/or Instructional activities including training, vocational, or
craft schools, the arts, personal development, and libraries, museums, and social and
philanthropic institutions.
(7) Restaurants of a sit down nature such as a cafe, snack shop, full service dining
but excluding any drive-in and/or drive-through facilities or features.
(8) Providing of personal services such as barbershops, beauty shops, salons,
cosmetologists.
(9) Bed and Breakfast Inns, subject to the provisions of LDR Section 4.3.3(Y).
(10) Catering services not associated with a restaurant, subject to the special
regulations of Section 4.4.24(H)
(11) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I).
(12) Within the following described areas, the uses allowed as permitted uses in
Section 4.4.13(B) 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
(13) Assisted Living Facilities
Section 6. That Section 4.4.29, "Ivfixed Residential, Office and Commercial (NffZOC)
District", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development
Regulations of the City of Delray Beach, be and the same is hereby amended to read as follows:
(B) Principal Uses and Structures Permitted: The following types of uses are
allowed within the MIZOC district as permitted uses:
(1) Office Center. The "Office Center' uses within an MROC development may
comprise as much as one hundred percent (100%) of the total building square footage
ORD. NO. 35-10
within the development. These uses can include:
(a) Financial Institutions, e.g., banks, savings and loan establishments,
brokerage firrr~s.
(b) Medical Offices, e.~, physicians, dentists, chiropractors, podiatrists,
optometrists, etc.
(c) Professional Offices, e.g., attorneys, engineering firms, architectural
(d) Governmental offices, e.g., including federal, state, county, and local
offices, along with their related fleet and communications operations
(which will be considered accessory uses to goveirunerital offices and
services), civic centers, courthouses, fire stations, public health facility,
law enforcement offices and facilities, post office, public utility facilities,
communication tov~ers and commanuty facilities such as civic centers,
cultural facilities, libraries, auditoriums, museums, and public recreation
facilities, and services such as day care centers, abuse, child care centers.
(e) Busiruess Support Services, primarily engaged in rendering services to
other building establishments, e.g., such as mailing, building
maintenance, personnel and employment services, management, and
consulting services, protective services, copy and printing, travel, office
supply, and similar services.
(2) Research and Development: Research and Development (R&D) uses involve
either some degree of product creation, testing, evaluation, and development or the
provision of testing and evaluation services for use by others. R&D uses may constitute
100% of the total building square footage within the development. Examples of such uses or
resulting prodLrts include:
(a) Product Creation, Testing, Evaluation, and Development:
1. computer hardware
2. computer software
3. pharmaceuticals
(b) Research and Development Services:
1. calibration laboratories or services
2. chemical laboratories
3. comirieirial testing laboratories
~ ORD. NO. 35-10
4. soil laboratories
5. scientific research laboratories
(3) General Retail Uses: Retail uses and/or facilities not to exceed 20% of the
total building square footage of the development, including, but not limited to:
(a) Restaurants, baked goods, books, cheeses, beer, wine, liquor,
confectioneries, cosmetics, meats,
ies flowers and plants, fnrits and vegetables, food, gifts,
glassware, ice cream, leather goods, luggage, medical and surgical
equipment, music and musical instruments, nautical supplies, office
fumitime equipment and supplies, pets and pet supplies, photographic
equipment and supplies, sewing supplies, sporting goods, toys, wearing
apparel and accessories, appliances, bicycles, business rnachir~es, jewelry.
(b) Barber and beauty shops and salons, caterers, dry cleaning limited to on
site processing for customer pickup only, dry leaning acid laundry
pickup stations, outdoor cafes, tailoring, tobacconist.
(c) Galleries, butcher shops, cocktail lounges, exercise facilities, m~eucrn,
libraries, newsstands, commercial or public parking lots and parking
~~•
(4) Multi-family Dwelling Units: Multi-family i.~ses excluding duplexes subject to
(a)(b)(c)(d) below, ranging in density between 40 and 50 units per acre subject to the
following
(a) Residential units within 1,000 linear feet of the Tri-Rail Transit station
(measured by airline route) may comprise 100% of the total floor area
of the development master plan at a ma~murri density of (50) units per
acre. If a portion of the parcel is within 1,000 linear feet, this regulation
shall apply to the entire parcel.
(b) Residential units between 1,001 and 2,500 linear feet of the Tri-12ai1 "
Transit station (n~eas~ued by airline route) may comprise 80% of the
total floor area of the development master plan at a n~axinuml density
of (50) units per acre and only when proposed as part of a mixed-use
development containing office and/or comrrierciak uses. If a portion of
the parcel is within 2,500 linear feet, this regulation shall apply to the
entire parcel.
(c) Residential units at a distance (measured by airline route) greater than
ORD. NO. 35-10
2500 feet of a transit station may comprise 75% of the total floor area
of the development master plan at a maximzun density of (40) units per
acre and only wheel proposed as part of a mixed-use development
containing office and/or commercial uses.
1. Residential developments must include a muzu7unn of 20%
workforce units consisting of moderate income workforce units as
defined by Article 4.7 Family/Workforce Housing
2. 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. Notwithstanding the above,
residentially developed sites within 1,000 linear feet (measured by
airline route) of the Tri-Rail station can contain 100% workforce
housing units. If a portion of the parcel is within 1,000 linear feet,
this regulation shall apply to the entire parcel.
3. For mixed-use developments, the shared parking provisions of LDR
Section 4.6.9. (C)(8) shall be allowed.
4. All residential developments shall be subject to the Performance
Standards of 4.4.13(I)(2)
(5) Hotel, Motel and Residential All Suite Lodging. These types of uses may
comprise up to 20% of the total floor area of the overall master plan For the purpose of
calculating the percentages of uses within the development master plan, multiple hotels,
motels, and residential all suite lodging uses will be considered one specific use category.
(6) Assisted Living Facilities and Continuing Care Facilities subject to the
requirerr~ents set forth in Section 4.4.29(B)(4) a, b, and c above.
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. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed
Section 9. That this ordinance shall become effective imrrediately upon its passage on
second and final reading.
9 ORD. NO. 35-10
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2010.
ATTEST
MAYOR
City Clerk
First Reading
Second
PLANNING AND ZONING BOARD STAFF REPORT
MEETING DATE: SEPTEMBER 20, 2010
AGENDA NO: V.C.
AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 4.4.9,
"GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (B),
"PRINCIPAL USES AND STRUCTURES PERMITTED", SECTION 4.4.11,
"NEIGHBORHOOD COMMERCIAL (NC) DISTRICT", SUBSECTION (B),
"PRINCIPAL USES AND STRUCTURES PERMITTED", SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT", SECTION (B), "PRINCIPAL
USES AND STRUCTURES PERMITTED"; SECTION 4.4.24, "OLD
SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)",
SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES"; AND
SECTION 4.4.29, "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL
(MROC) DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND
STRUCTURES PERMITTED", TO PROVIDE A CONSISTENT
REFERENCE TO PHARMACIES.
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 provide a consistent
reference to the term "pharmacies."
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
Only the PCC (Planned Commercial Center) includes the specific use and title of "pharmacy."
Other zoning districts throughout the Land Development Regulations identify the "pharmacy' use
as "medicines and prescriptions" and "drugs and medicine" and "drug stores." It could be argued
that because the exact land use term of "pharmacy" is used in one zoning district (i.e., PCC), that
because it is not specifically used in other zoning districts, the specific regulations pertaining to
Pharmacies would not apply. To clarify that the pharmacy regulations apply to all of these uses
they are being modified to a consistent reference of "Pharmacies".
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 Ptan. A thorough review of the Comprehensive Plan was conducted and while
there are no specific goals, objectives, and policies to which this amendment would be applicable,
the amendment is not inconsistent with the Comprehensive Plan.
REVIEW BY OTHERS
Courtesv 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
This amendment will provide consistent reference pertaining to pharmacies by changing the terms
of those similar type uses. With this LDR amendment it will be clear that the specific regulations
pertaining to pharmacies will apply to each of these previously mislabeled land uses.
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Move a recommendation of approval to the City Commission of the amendment to Land
Development Regulations, Section 4.4.9, "General Commercial (GC) District", Subsection
(B), "Principal Uses And Structures Permitted", Section 4.4.11, "Neighborhood
Commercial (NC) District", Subsection (B), "Principal Uses And Structures Permitted",
Section 4.4.13, "Central Business (CBD) District", Section (B), "Principal Uses And
Structures Permitted"; Section 4.4.24, "Old School Square Historic Arts District
(OSSHAD)", Subsection (B), "Principal Uses And Structures"; And Section 4.4.29,
"Mixed Residential, Office And Commercial (MROC) District", Subsection (B), "Principal
Uses And Structures Permitted", To Provide A Consistent Reference To Pharmacies, 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 4.4.9, "General Commercial (GC) District", Subsection
(B), "Principal Uses And Structures Permitted", Section 4.4.11, "Neighborhood
Commercial (NC) District", Subsection (B), "Principal Uses And Structures Permitted",
Section 4.4.13, "Central Business (CBD) District", Section (B), "Principal Uses And
Structures Permitted"; Section 4.4.24, "Old School Square Historic Arts District
(OSSHAD)", Subsection (B), "Principal Uses And Structures"; And Section 4.4.29,
"Mixed Residential, Office And Commercial (MROC) District", Subsection (B), "Principal
Uses And Structures Permitted", To Provide A Consistent Reference To Pharmacies, 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 4.4.9,
"General Commercial (GC) District", Subsection (B), "Principal Uses And Structures
Permitted", Section 4.4.11, "Neighborhood Commercial (NC) District", Subsection (B),
"Principal Uses And Structures Permitted", Section 4.4.13, "Central Business (CBD)
District", Section (B), "Principal Uses And Structures Permitted"; Section 4.4.24, "Old
2
School Square Historic Arts District (OSSHAD)", Subsection (B), "Principal Uses And
Structures"; And Section 4.4.29, "Mixed Residential, Office And Commercial (MROC)
District", Subsection (B), "Principal Uses And Structures Permitted", To Provide A
Consistent Reference To Pharmacies, , 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
3