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Ord 04-11ORDINANCE NO. 04-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(D), "CONDITIONAL USES AND STRUCTURES ALLOWED"; BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES," BY ENACTING A NEW SUBSECTION (ZZZZ), "SEGWAY TOURS AND SEGWAY SALES"; AND BY AMENDING APPENDIX "A", "DEFINITIONS", TO ESTABLISH REGULATIONS FOR SEGWAY TOURS AND SEGWAY SALES AND TO PROVIDE FOR A DEFINITION OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE (EPAMD); 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 January 24, 2011 and voted 3 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 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 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(D), "Conditional Uses and Structures Allowed," of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD District: (1) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). (2) Amusement game facilities limited to such uses as pinball, air hockey, electronic games, and other similar coin operated games when an attendant is on duty. (3) Child care and adult day care. (4) Financial institutions, e.g., banks and similar institutions including drive through facilities pursuant to restrictions set forth in Section 4.4.13(H)(1). (5) Funeral homes including accessory uses, such as, a chapel, crematory, and the like. (6) Gasoline stations or the dispensing of gasoline directly into vehicles, except that such use shall not be allowed in the West Atlantic Neighborhood, the Beach District, nor on lots which front along Atlantic Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way), beginning at a point 105' south of N.E. 4th 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(1). (14) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set 2 Ord No. 04-11 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. (17) Hotels, motels, 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(I~ (20) Live/Work Unit, subject to Section 4.3.3 (KKK). (21) Large Family Child Care Home subject to Section 4.3.30. 22 Seaway Tours and Seaway Sales pursuant to restrictions set forth in Section 4.3.3(7.ZZZ). Section 3. That Section 4.3.3, "Special Requirements for Specific Uses," of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended by enacting a new Subsection (ZZZZ), "Segway Tours and Segway Sales," to read as follows: (ZZZZ) Segway Tours and Segway Sales shall mean a business that is approved as a conditional use under Section 4.4.13 (Dl (22) which conducts tours on Segways and/or sells Segways. "Segway" is used as a generic term and does not refer to a particular manufacturer's product. Segway is defined for these purposes as an electric ,personal assistive mobility device ~:PAMD) as set forth in Appendix "A". Special Conditions and Limitations - The following Special Conditions and Limitations are imposed on Segway tours and sales: j~ The applicant for Conditional Use will designate routes for the tours and shall be limited to only routes that are approved. 3 Ord No. 04-11 bj--1 No more than nine X91 tours shall be conducted each day. All servicing of Segwavs shall be indoors and not utilize more than twenty~20%~ of the floor area of the premises. No Segway sales or tour businesses shall be located within three hundred (300) feet of any other Segway sales or tour business, as measured from property line to property line in a straight line. Tour guides shall not amplify voice or music while operating tours. ~f Pre tour instructions shall not be conducted on public streets, sidewalks. or between the building and the adjacent street. Segway tours shall operate in compliance with the reduirements of Chanter 132 of the City of Delray Beach Code of Ordinances. Section 4. That Appendix A, "Defuutions," of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended by adding a new definition to read as follows: ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE (EPAMD) Any self-bllancing, two-nontandem-wheeled device designed to transport only one person, with an electric ,propulsion system with an average power of 750 watts ~ horsepower), the maximum speed of which on a paved level surface when powered solely such a propulsion svstem while being ridden by an operator who weighs 170_ pounds, is less than 20 miles ner hour. Section 5. 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 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this ordinance shall become effective immediately upon its passage on second and final reading. Ord No. 04-I l PASSED AND ADOPTED in regular session on second and final reading this the 5th day of April, 2011. ~~ ATTEST M A ~. ~~ Ciry Clerk 2 First Readin J ~ ~ ~~~ Second Readin ~ °W\\ 5 Ord No. 04-1 1 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 16, 2011 SUBJECT: AGENDA ITEM 10 C -REGULAR COMMISSION MEETING OF APRIL 5.2011 ORDINANCE NO 04-11 (SECOND READING/SECOND PUBLIC HEARING) Page 1 of 1 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing to consider a privately-initiated amendment to the Land Development Regulations (LDR) Section 4.4.13, "Central Business District", Subsection (D), "Conditional Uses and Structures Allowed", to add "Escorted Segway Tours" as a conditional use and amending Section 4.3.3, "Special Requirements for Specific Uses", to enact a new Subsection (ZZZZ), "Segway Tours and Segway Sales", to provide for specific requirements for the establishment and operation of such uses; and amending Appendix "A", "Definitions". BACKGROUND At the first reading on March 15, 2011, the Commission passed Ordinance No. 04-11. RECOMMENDATION Recommend approval of Ordinance No. 04-11 on second and final reading. http://itwebapp/AgendaIntranetlBluesheet.aspx?ItemID=4314&MeetingID=313 4/11 /2011 ORDINANCE N0.04-11 AN ORDINANCE OF THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(D), "CONDITIONAL USES AND STRUCTURES ALLOWED"; BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES," BY ENACTING A NEW SUBSECTION (ZZZZ), "SEGWAY TOURS AND SEGWAY SALES"; AND BY AMENDING APPENDIX "A", "DEFINITIONS", TO ESTABLISH REGULATIONS FOR SEGWAY TOURS AND SEGWAY SALES AND TO PROVIDE FOR A DEFINITION OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE (EPAMD); 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 arrendment at a public hearing held on January 24, 2011 and voted 3 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 Plaruung Agency, has determirued 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 Compreliengve 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. 'on 2. That Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(D), "Conditional Uses and Structures Allowed," of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be atr~ended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD District: (1) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). (2) Amusement game facilities limited to such uses as pinball, air hockey, electronic games, and other similar coin operated games when an attendant is on duty. (3) Child care and adult day care. (4) Financial institutions, e.&, banks and similar institutions including drive through facilities pursuant 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 a~ 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. 2nd Avenue (a/k/a Pineapple Grove Way), begiruling at a point 105' south of N.E. 4th Street. (~ Recreational establishments such as bowling alleys, gyrrumasiums, 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 entertairmrr~lt purposes (e.g., concerts, live performances). (11) Flea markets, bazaars, nmerchandise 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 minimrnn 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 Comrruumity 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 (1~ Hotels, rrotels, 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 properly 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(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). Se~ay Tours and Segway Sales pursuant to restrictions set forth in Section 4.3.3(ZZZZ). 'on 3. That Section 4.3.3, "Special Regirirements for Specific Uses; ' of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended by enacting a new Subsection (ZZZZ), "Segw~y Tours and Segway Sales; ' to read as follows: ~ The applicant for Conditional Use will desg~ate routes for the tours and shall be limited to only routes that are approved ~, Special Conditions and Limitations -The following Special Conditions and Limitations are imposed on Segway tours and sales: b.(.~ No more than nine (9) tours shall be conducted each day u to Property line in a strait line. u Tour guides shall not am~lify voice or music while operating totes of Pre tour instnactions shall not be conducted on Public streets, sidewalks, or betv~een the building and the ac~acent street. Section 4. That Appendix A,, "Definitions," of the Land Development Regulations of the Code of Orclinances of the City of Delray Beach Florida, be arrended by adding a new definition to read as follows: ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE (EPAMD) hour. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a cotut 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 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 'on 7. That this ordinance s1~all become effective immediately upon its passage on second and final readuzg. ~e RECEIVED~,G~'er...~,,, Law offices ,! LISTICK & KRALL, P.A. MAR 21 2011 ~~ 190 S.L'. Sth Avenue Delray Se:k:h. Florida 334x3 GI~X MANAGER MI('HAt•.L M. L.ISTICK M:~ItK I.. KRALL March 18, ?O1 1 Uavid ~I . f larden, City Manger 1 OO NVb' 1st Avenue I)clra~~ Beach, FL 33~i4~ Telephone:(561)27(r7424 Telecopier: (S61) 278fi909 a-mail: michael @ listickandkrall.com mark Cd listickandkrall.com ~ la3 ~' Re: Segway Tours -Commission meeting. :~pril 5, 2011 L)car~ ~~1r. I larden: At the first reading o1'the Segwa~~ Tour amendment, the commissioners requested nu~re information regarding potential tour routes along A[A. Accordingly. I enclose two pages consisting of~a written nan•ative and a color coded map of prohibited riding areas (i.c. C f3I)) and allowable riding areas (i.e.- double sidewalk on north end of beach, sidewalk on east side of ALA hetwcen Thomas St. and the Marriott, and the sidewalk on the ~~cst side of. AlA south of f3ostons). Please distribute this information for the commissioners' meeting in April. Very truly yours, (~`9 \fi~h;t~~- \1. Listick \1\Il.:lel' I~.nclusurc ce: Buck V4'ard SL:G~~";~l I (tl }ZS OI UI~.I.RAY 131:AC1-I. INC. I'ROI'Util~l) fOl'R ROt'1'FS A(.UNG AIA l he proposed ordinances regarding scgway tours and general (non-tllur) segway uses might he diflcrent as to tours versus general use. ~ti I"O I (tl ~IZS, it is intended that the li~llu\\ing shall be the basis for seg\vay tours along Alts: Nor•th_enc~ ~~I'_heach (North of Atlantic Ave 'I•hcrc arc no side\~alks un the West side of AI:~ north of ~I~humas St.. thus no tours \\ill go there. There is a double side\alk un the fast side of AL~1. \vhich has less traf'tic. bet\\ecn the North end of tltc public beach to the South near l~hunu+s St. It is proposed that tours \\ill use the strip alone the double si~lc\\alk ~~n the last lido 01~;'11A, ending near Chonurs Street. I here is a sidc\\alk on the ~~%est side of AIA. Crom near Thomas Street. all the \\ay to Atlantic Ave. It is proposed that going Drum North to South the tour ~\ould cross t'rcnn the fast side to the Vest side. at the area that the double side~\:rlk ends. "fhe tour ~\ould not encroach into the Ct3I). su that it \\ould exit AlA and go inland prior to reaching the Marriot. Nu riding on either side of Alfa in the Cf3[) (ic. het\veen the Marriot and 13ostonsj tiuuth end of hcach~ti+~uth of ~tlunUc A\'l'.): Nu riding in Cl3U (bet\vccn ~~lan-iut and 13ustons) l•hcrc is a sidc~~alk on the ~1'cst sidr ot•AI:~1. "Fours nrr\ ride on this sidewalk from the South huundcu•\ ut~thc ('l31) (i.e. South o1~l3ustons) through Casarina. Riding on the c~i~t side of :~I:~. south of Miramar seems aphropriate_ but that is optional. It is suggested that [hc ordinance should not prohibit it. but rather accept ur reject it when the condition use application dctennines the actual route. NC)"Il~:: In the event the ne\\~I\ proposed beach sidewalk plan is ever cor cunsiderccl, at that tinm, to allow greater usage on the East side of AIA. NO"I l~: I he provision regardinL tours un :\IA should be changed from south ut :ltlanttc r'~\~nlle U~ ~~wllhln the ('131)". no~BtF s ~ UFry~Ot ,~ cN C~ S-r 91 p~ ~ App - v~ p ~ i ~ '' S~ v~w~~~- i ~ ~ .. ~i DF i~ A /1~ - Dk L t3 D ~ ~ roe ~' ~ Ri~~rv4 irV ~ v E K~u `~" ~ 8 Y~ ~ m ~9~'R ~'t 'ro ~ ~ ~o s-~ n,r~ ~~~~ Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: March 10, 2011 SUBJECT: AGENDA ITEM 10 A -REGULAR COMMISSION MEETING OF MARCH 15.2011 ORDINANCE NO 04-11 (FIRST READING/FIRST PUBLIC HEARING) Page 1 of 4 ITEM BEFORE COMMISSION The action requested of the City Commission is approval of a privately initiated text amendment to LDR Section 4.4.13(D)(22)[Central Business District), Section 4.3.3(ZZZZ) [Requirements for Specific Uses] and Appendix "A", "Definitions". The amendment is to allow tour operators and sales of human transporters commonly known as "Segways." The proposed text amendment also provides specific requirements that apply to operations and provides distances between similar businesses. BACKGROUND The human transporter machines, otherwise known as Electric Personal Assistive Mobility Devices (EPAMD's) or Segways, are a relatively new technology that was "unveiled" in 2001. These machines are two-wheeled, self balancing, electrically operated transporters that offer mobility assistance to individuals. With the introduction of this technology a cottage industry has arisen that offers guided tours on these devices. This privately initiated LDR text amendment would add these tours as a conditional use in the CBD (Central Business District) subject to special regulations. The proposed special regulations under which the use should operate are an attempt to address and mitigate any concerns including potential nuisance and safety issues. It is noted that this amendment is separate from Ordinance 5-11 as proposed by the City Attorney, which addresses EPAMD use citywide. This citywide ordinance will also apply to private EPAMD's use, EPAMD rental/lease uses as well as escorted EPAMD tour uses. The privately initiated amendment includes a limited number of special regulations while all of the provisions of the citywide ordinance have been included in staff's recommended version. Pursuant to Land Development Regulation Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. The proposed privately initiated text amendment to the Land Development Regulations to allow EPAMD (aka Segway) tours and sales in the CBD includes a limited number of special regulations which would apply to this vendor (applicant) along with any similar http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4302&MeetingID=288 3/ 16/2011 Coversheet Page 2 of 4 vendors citywide and is attached as Ordinance version # 1 (applicant). During the text amendment review process, staff recommended that additional regulations be added to adequately address safety concerns with the use and to mirror those which are proposed with the city-wide EPAMD ordinance. Staffs version is attached as Ordinance version #2. With the incorporation of the additional special regulations proposed by staff, a positive finding can be made that the Land Development Regulation text amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. The notable difference between the applicant's version and staff's version is the provision that prohibits tours on the east side of State Road AIA, and a provision that requires a minimum age and weight for riders. Tour operators would be allowed to operate on the west side of A- 1-A, except for one block north and south of Atlantic Avenue. It is staff's position that an unsafe situation would be created by introducing tours on the east side of State Road AlA due to the congestion in this area. It is noted that the city-wide EPAMD ordinance will also prohibit EPAMD tours on the east side of A-1-A, and exclude non-tour operators (rentals and private machines) from both sides of A-1-A. Restrictions on other congested areas are also included. These mirror the applicant's request with the exception of Pineapple Grove Way which is restricted from Atlantic Avenue to NE 3rd Street in the staff's and city-wide versions while the applicant's version restricts it "from the sidewalk adjacent to Pineapple Grove Way". Additional background and a detailed analysis of the request are provided in the attached Planning and Zoning Board staff report. REVIEW BY OTHERS The proposed text amendment was reviewed by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority), WARC (West Atlantic Redevelopment Coalition), and the PGMS (Pineapple Grove Main Street) Executive Committee. The CRA considered the proposed text amendment however, it did not make a recommendation. The proposed text amendment will be considered again at its meeting of March 10, 2011. The CRA recommendation will be reported to the City Commission. However, the initial comments of the CRA are noted below. Planning and Zoning Board: The Planning and Zoning Board considered the proposed LDR text amendment at its meeting of January 24, 2011 and recommended approval (3 to 1 vote, Mr. Miller dissenting), subject to the condition that the ordinance be revised and "worked-out" with staff. The Planning and Zoning Board felt that staff's version of the ordinance was too restrictive and that many of the special regulations such as safety procedures, routes, logistics, and operational concerns should be shifted to items reviewed as part of the conditional use approval process rather than specifically identified as special regulations. The Board also felt that new or amended routes after the initial conditional use should be considered and approved administratively by staff rather than as a conditional use modification. It is noted that most of staff's additional special regulations mirror the citywide ordinance and therefore would be applicable to all tour uses upon its adoption regardless of whether or not staff s specific recommendations are adopted at this time as part of the privately initiated amendment. Community Redevelopment Agency (CRA): The CRA considered a draft of the proposed LDR text amendment at its meeting of January 13, 2011. The CRA withheld the final recommendation until the ordinance was finalized. The CRA did have the following comments/suggestions: 1. Do we really need a separation requirement? Let the market handle it. (As noted previously, this technology is relatively new and the impacts of these businesses are unknown. Thus, it is prudent to regulate the separation of these uses until such time that the potential impacts are better known). http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4302&MeetingID=288 3/ 16/2011 Coversheet Page 3 of 4 2. Consider time of day and days of week when establishing when and where the tours are allowed. (The time of day and days of week will be considered as part of the conditional uses process. A condition of approval is attached that the text amendment be revised to include a provision that the applicant identify the time and days of week of the tour operations). 3. Consider minimum age restriction. (As noted in the background section of this staff report, the City Attorney's Office is processing a City initiated text amendment that also addresses the use of these devices within the City, which is being processed concurrently with the privately initiated LDR text amendment. The staff's and City Attorney's version of this ordinance includes a provision that indicates that persons must be at least 11 years of age and or 75 pounds in weight, and/or as limited by the applicant's insurance company requirements, and/or pursuant to the Segway manufacturer's specifications). The CRA is scheduled to reconsider the proposed LDR text amendment at its meeting of March 10, 2011. The results of the CRA meeting will be provided to the City Commission. Downtown Development Authority (DDAZ The DDA considered the proposed LDR text amendment at its meeting of January 10, 2011 and had the following concerns/observations: 1. Better definition of what a Segway is (An expanded definition of EPA11~ID's has been added with staff's recommended version of the LDR text amendment and the City Attorney's Ordinance.) 2. Explore what other cities are doing (A significant portion of the staff version of the ordinance is based on the Sanibel, FL ordinance that addresses these uses). 3. Greater limitation to the # of tours and the # of participants allowed per tour. (A limit on the number of tours and number of participants per tour is part of the text amendment under review by the P&Z Board and City Commission). 4. Specify where they are allowed to operate (The operating boundaries have been refined under the revised versions of all ordinances). Need times, conditions, frequency (see number 3 above). 6. Obtain a recommendation from the Police Dept. (The Police Department representatives to the WARC Board reviewed and provided comments on the ordinance). 7. Have the City Attorney's office provide a Attorney's Office is aware of the proposed LDR accordance with direction by the City Commission). complete opinion on the (liability??) (The City text amendment and will provide the opinion in The DDA will consider the modified text amendment again at its meeting of March 14, 2011. The results of this meeting will be presented to the City Commission at its meeting of March 15, 2011. West Atlantic Redevelopment Coalition (WARCL The WARC considered the proposed LDR text amendment at its meeting of January 11, 2011 and had the following concerns/observations: http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4302&MeetingID=288 3/16/2011 Coversheet Page 4 of 4 1. The LDR text amendment needs to include a provision that exempts public safety use (i.e. Police Department and Fire Department) from the limitations on the use of these devices. (This is a privately initiated LDR text amendment that deals with tour operators only. The exemption is included in the citywide ordinance). 2. The WARC is concerned that the LDR text amendment does not adequately address the use of privately owned/operated devices. (As noted previously, the City Attorney's Office is processing a City initiated amendment that addresses privately owned EPAtLID's). 3. The LDR text amendment needs to include a provision that identifies an appropriate minimum age for riders. (This item has been included in both the staff's recommended version and City Attorney's version of the city-wide ordinance). 4. The WARC felt that every effort be made to encourage historical tour routes along West Atlantic Avenue. S. The LDR text amendment needs to include limitations on the hours of operation (This is now included sunrise to sunset). Pineapple Groves Main Street Executive Committee (PGMS): The PGMS considered the proposed LDR text amendment at its meeting of February 2, 2011. The PGMS unanimously recommended approval of staff's version of the amendment. RECOMMENDATION By motion, approve on first reading Ordinance 4-11, amended as outlined in the staff s version of the ordinance amending LDR Section 4.4.13(D)(22)[Central Business District), Section 4.3.3(ZZZZ) [Requirements for Specific Uses], and Appendix "A", "Definitions", to allow tour operators and sales of human transporters commonly known as "Segways" and provide for specific requirements regarding operations and distances between similar businesses, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). The staffs version amends line 12 of the ordinance title. It also amends in Section 3 paragraph (ZZZZ) (1), and deletes (ZZZZ)(2)(a), (b) and (c). Subparagraphs (b) and (c) are covered by Ordinance OS- 11. Finally the staff version amends Section 4. I strongly recommend that subparagraphs (ZZZZ)(2)(g) through (x) not be included in Ordinance 04- 11. These subparagraphs deal with operational issues associated with the Segway tours, not land use matters, therefore they should not be in the Land Development Regulations. Furthermore, they duplicate what is in Ordinance 04-11 amending Chapter 132 of the City Code. Having the same requirements in both the LDR's and the City Code will lead to confusion when, as time passes, one is inevitably amended and the other is not. In addition, the LDR's cannot be amended without review by the Planning and Zoning Board, while the City code can be amended by the City Commission without Planning and Zoning Board review. Having the same requirements in both the City Code and the LDR's creates immediate confusion as the to the amendment process. Instead of having these requirements in both places, Ordinance OS-11 should be amended to include a requirement that Segway tours must comply with the requirements of Chapter 132 of the City of Delray Beach Code of Ordinances. http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4302&MeetingID=288 3/16/2011 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: JANUARY 24, 2011 AGENDA NO.: IV.C. AGENDA ITEM: PRIVATELY INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATION (LDR) SECTION 4.4.13(D)(22)[CENTRAL BUSINESS DISTRICT CONDITIONAL USES] AND 4.3.3(ZZZZ) [SPECIAL REQUIREMENTS FOR SPECIFIC USES] TO ALLOW TOUR OPERATORS AND SALES OF HUMAN TRANSPORTERS AND PROVIDING SPECIFIC REGULATIONS FOR THE CONDUCT OF THESE BUSINESSES. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding a privately initiated text amendment to LDR Section 4.4.13(D)(22)[Central Business District) and Section 4.3.3(ZZZZ) [Requirements for Specific Uses]. The amendment is to allow tour operators and sales of human transporters commonly known as "Segways." The proposed text amendment also provides specific requirements regarding operations and distances between similar businesses. Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. The human transporter machines, which are becoming referred to as Electric Personal Assistive Mobility Devices (EPAMD's), are a relatively new technology that was "unveiled" in 2001. These machines are atwo-wheeled, self balancing, electrically operated transporter that offer mobility assistance to individuals. With the introduction of this technology a cottage industry has risen that offer guided tours on these devices to groups. The privately initiated LDR text amendment is proposed which would add the tour use subject to special regulations in the CBD (Central Business District) as a conditional use. The proposed special regulations under which the use should operate are proposed in an attempt to address and mitigate any concerns including potential nuisance and safety concerns. The analysis of these special regulations is provided in the following section. It is noted that this amendment is separate from a ordinance which addresses Segway use citywide which is being processed by City staff. This ordinance will impact private Segway use, Segway rentaUlease uses and escorted tour uses. Pursuant to LDR Section 2.4.5(M)(1), amendments to the Land Development Regulations may be initiated by the City Commission, Planning and Zoning Board or City Administration; or an individual may request an amendment. The proposed amendment is a privately initiated text amendment to the Land Development Regulations to allow EPAMD (aka Segway) tours and sales Planning and Zoning Board Staff Report LDR Text Amendment -EPAMD Tours in the CBD and includes special regulations which would apply to this vendor along with any similar vendors citywide. LDR TEXT AMENDMENT ANALYSIS The following is an excerpt from a justification narrative submitted by the applicant: "...The business purpose is to conduct escorted tours on Segways and to take orders for sale of Segways..." The proposed LDR text amendment will list EPAMD tour operators and sales in the CBD zoning district as conditional uses and provides special regulations which would apply to these businesses. It is noted the sales component of EPAMD's is technically already allowed in the CBD zoning district under the general category of retail sales. The sales were originally thought to be considered under vehicle and/or recreational vehicle use category which is limited to the AC (Automotive Commercial) zoning district. However, further research revealed that EPAMD's are not considered vehicles pursuant to Florida Statutes 316.003(83) of the Vehicle Code of the State of Florida. Further, they do not meet the City's definition of vehicles. The amendment to add the use of escorted tours to the CBD zoned properties will by default also add them to CBD-RC zoned areas as the CBD-RC zoning regulations encompass uses allowed in the CBD zoning district. The special regulations as proposed by the applicant that would apply to this use include: 2) Special Conditions and Limitations -The following Special Conditions and Limitations are imposed on Segway tours: (a) Tours must be escorted. (b) No tour shall consist of more than nine (9) customers plus the tour escort. (c) Segways cannot be operated (i) on the sidewalk adjacent to Pineapple Grove Way (N.E. 2nd Ave), (ii) the west side of Highway A1A on the first block north and south of Atlantic Avenue, or (iii) on Atlantic Avenue except between S.E. 7"' Avenue and the Intracoastal Waterway on the west side of the bridge, between the bridge and Venetian Drive on the south side of Atlantic Avenue and between the bridge and East Drive on the north side of Atlantic Avenue Riders shall dismount and walk their Segways over the bridge. (d) The applicant for Conditional Use will designate routes for the tours and shall be limited to only routes that are approved. (e) No more than nine (9) tours shall be conducted each day. (f) All servicing of Segways shall be indoors and not utilize more than twenty (20%) of the floor area of the premises. (g) No Segway sales or tour businesses shall be located within three hundred (300) feet of a then existing Segway sales or tour business, as measured from property line to property line in a straight line. (h) Tour guides shall not amplify voice or music while operating tours. (i) Pre tour instructions shall not be conducted on public streets or public sidewalks. While reviewing this privately initiated request staff also reviewed the special regulations proposed in the citywide ordinance relating to future EPAMD operators. Acknowledging that citywide ordinance is a fluid ordinance, this tour operator shall comply with all regulations of this new ordinance and is not considered vested under rules currently in effect. This vendor, while currently operating, has not been legally established and is not considered 2 Planning and Zoning Board Staff Report LDR Text Amendment - EPAMD Tours grandfathered in as it relates to proposed new regulations for Segway uses. If the applicant does not agree to these conditions, it is recommended the current proposal be continued until after passage of the citywide ordinance. Therefore, given the pending citywide ordinance and staff concerns related to this use, staff is recommending the special regulations be modified to reflect the following changes (staff recommended additions are underlined): 2) Special Conditions and Limitations -The following Special Conditions and Limitations are imposed on Segway tours and sales. (a)Tours must be escorted subiect to the following provisions: 1. 2. Only leaders/operators experienced in the use and operation of EPAMDs shall give tours. Tour leaders or operators shall wear safety reflector vests. 3. When two leaders/operators are present on the same tour, they must be able to mirrors. (b)No tour shall consist of more than nine (9) customers plus the tour escort, subiect to the following provision: No rider shall be allowed on any tour under 14 years of age and/or 100 pounds in (c) Segways cannot be operated on the following: No tour shall use the public streets or roads of the Citv except at intersections for crossing. 2. Tours shall not enter any private property without prior permission from the owner. 3. On the sidewalk adjacent to Pineapple Grove Way (N.E. 2"d Ave). 4. The east side of State Highway A1A from Casuarina Road north to the north end of the City beach. . 5. On Atlantic Avenue from Interstate 95 to the Atlantic Ocean except between S.E. 7`n Avenue and the Intracoastal Waterway on the west side of the bridge, between the bridge and Venetian Drive on the south side of Atlantic Avenue and between the bridge and East Drive on the north side of Atlantic Avenue. Riders shall dismount and walk their Segways over the bridge. (d)The applicant will designate routes for the tours and shall be limited to only routes that are approved by the City as part of the Conditional Use approval process. 3 Planning and Zoning Board Staff Report LDR Text Amendment -EPAMD Tours (e)No more than nine (9) tours shall be conducted each day, subject to the following: All users or customers must be shown a safety video and provided with "hands on" EPAMD training by an experienced operator in a controlled area prior to such user phvsically operating an EPAMD in any public area of the City. 2. No tour will be conducted or operate after dusk. (f)All servicing of Segways shall be indoors and not utilize more than twenty (20%) of the floor area of the premises. (g)No Segway sales or tour businesses shall be located within three hundred (300) feet other ee+~-existi+~ Segway sales or tour business, as measured from property line to property line in a straight line. (h)Tour guides shall not have or utilize amplify voice or music while operating tours. (i) The tour business shall provide an approved site for education and instruction on the paid for such use.Pre tour instructions shall not be conducted on public streets, sidewalks, or between the building and the adjacent street. Q) Every EPAMD shall be equipped with a sounding device and all customers or users shall be trained in the use of such sounding device. There are several concerns with respect to the proposed LDR text amendment. The following are the concerns or observations expressed by WARC (West Atlantic Redevelopment Coalition), DDA (Downtown Development Authority), CRA (Community Redevelopment Authority), and staff: Route Limitations: Per Florida State Statute 316.183(2), the maximum speed limit for all vehicles is 30 miles per hour in business or residential districts. The City is allowed to set a maximum speed limit of 20 or 25 miles per hour in residential districts. Further, per Florida State Statute 316.2068(1)(a), EPAMD's are allowed on a road or street where the posted speed limit is up to 25 miles per hour. EPAMD and EPAMD tours shall be restricted from portions of Atlantic Avenue, Pineapple Grove Way, and State Highway A1A. The 100-yard exemption noted on Atlantic Avenue was originally proposed by the applicant in the vicinity of the Intracoastal Bridge to allow access to the east side of the Intracoastal Waterway. However, this exemption did not provide access to a side street where the tour could resume. Thus, modified language is now included to extend further east and west to provide access to a public street. 4 Planning and Zoning Board Staff Report LDR Text Amendment -EPAMD Tours EPAMD Demonstration/Testin Where the preliminary training, test driving, and demonstration of machines necessary to familiarize novices with operation of these machines will occur is a concern. These activities should not occur in the street or on the sidewalk between the building and the street. Ideally, these practices should occur indoors. At a minimum, these types of uses should provide an off-street location on private property or inside area for this activity. The privately initiated LDR text amendment includes staff revisions which address this provision. Pineapple Grove Way: The Pineapple Grove Way corridor shares some of the same characteristics as Atlantic Avenue such as sidewalk cafes and increased pedestrian flow. Therefore, the prohibition of these devices is extended along Pineapple Grove Way up to NE 4th Street similar to proposed restrictions on Atlantic Avenue and State Road A1A. Retail Sales: The LDR text amendment should be revised to delete subsection 2(f) "retail Sales may be conducted at the premises." The provision for sales is currently allowed as previously noted. Tour Routes: The text amendment indicates that applicant for a conditional use needs to designate routes for the tours and is limited to only routes that are approved. These proposed routes will need to be identified and reviewed during the conditional use process given the limitations and potential impact on the surrounding commercial and residential areas. Clarification language is included in the staff recommendation. Definition: The applicant's definition of the personal transporter is located in the portion of the LDR's which references the use. It is more appropriate to list the use in the definition section of the code and a revision to the definition to be consistent with Florida Statutes is proposed by staff. Further, the definition should be revised to indicate that these devices are two wheeled on the same plane or axle versus in tandem, which will exclude other devices such as scooters. These issues are attached as a condition of approval. This definition is proposed as follows: "Any self-balancing, two-nontandem-wheeled device, designed to transport only one person, with an electric propulsion system with an average power of 750 watts (1 horsepower), the maximum speed of which, on a paved level surface when powered solely such a propulsion system while being ridden by an operator who weighs 170 pounds, is less than 20 miles per hour." Specific Roadway Restrictions: The proposed LDR text amendment prohibits EPAMD's along Atlantic Avenue, Pineapple Grove Way, and the west side of State Road A1A except for a small piece on either side of the Intracoastal Waterway (to allow access to the east side of the Intracoastal Waterway). The current 5 Planning and Zoning Board Staff Report LDR Text Amendment - EPAMD Tours citywide ordinance actually recommends any EPAMDs allowed on State Road A1A be limited to the west side and recommends restricting access to the east side where the activity levels and the potential for conflicts is enhanced. Revisions to the applicant's language is proposed under staff recommended changes. LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no applicable goals, objectives or policies noted. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. REVIEW BY OTHERS The proposed text amendment was reviewed by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority), and WARC (West Atlantic Redevelopment Coalition). The PGMS (Pineapple Grove Main Street) Executive Committee will consider the proposed LDR text amendment at its meeting on February 2, 2011. The recommendation of the PGMS Executive Committee will be reported to the City Commission. Further, while the CRA considered the proposed text amendment it did not make a recommendation. The proposed text amendment will be considered again at its meeting of January 27, 2011. The CRA recommendation will be reported to the City Commission. However, the initial comments of the CRA are noted below. Community Redevelopment Aaencv (CRA): The CRA considered the proposed LDR text amendment at its meeting of January 13, 2011. The CRA withheld the final recommendation until the ordinance was completed. The CRA did have the following comments/suggestions: 1. Do we really need a separation requirement? Let the market handle it. (As noted previously, this technology is relatively new and the impacts of these businesses are unknown. Thus, it is prudent to regulate the separation of these uses until such time that the potential impacts are better known). 2. Consider time of day and days of week when establishing when and where the tours are allowed. (The time of day and days of week will be considered as part of the conditional uses process. A condition of approval is attached that the text amendment be revised to include a provision that the applicant identify the time and days of week of the tour operations). 3. Consider minimum age restriction. (As noted in the background section of this staff report, the City Attorney's Office is processing a City initiated text amendment that also addresses the use of these devices within the City, which is being processed concurrently with the privately initiated LDR text amendment. This ordinance includes a provision that indicates that persons must be at least 14 years of age and/or 100 pounds in weight, and/or as 6 Planning and Zoning Board Staff Report LDR Text Amendment - EPAMD Tours limited by the applicant's insurance company requirements, and/or pursuant to the Segway manufacturer's specifications). Downtown Development Authority (DDA): 1. Better definition of what a Segway is (An expanded definition of EPAMD's has been added with staffs recommended version of the LDR text amendment). Explore what other cities are doing (A significant portion of the staff version of the ordinance is based on the Sanibel, FL ordinance that addresses these uses). 3. Greater limitation to the # of tours and the # of participants allowed per tour (The impact of the number of tours and number of participants per tour will be part of the consideration of the text amendment by the P&Z Board and City Commission). 4. Specify where they are allowed to operate (The operating boundaries have been refined under the revised versions of the ordinance). 5. Need times, conditions, frequency (see number 3 above). 6. Obtain a recommendation from the Police Dept. (The Police Department representatives to the WARC Board reviewed and provided comments on the ordinance). 7. Have the City Attorney's office provide a complete opinion on the (liability??) (The City Attorney's Office is aware of the proposed LDR text amendment and will provide the opinion in accordance with direction by the City Commission). West Atlantic Redevelopment Coalition: 1. The LDR text amendment needs to include a provision that exempts public safety use (i.e. Police Department and Fire Department) from the limitations on the use of these devices. (This is a privately initiated LDR text amendment that deals with tour operators only. The exemption will be included in the citywide ordinance). 2. The WARC is concerned that the LDR text amendment does not adequately address the use of privately owned/operated devices. (As noted previously, the City Attorney's Office is processing a City initiated amendment that addresses privately owned EPAMD's). Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. The City has received a privately initiated LDR text amendment to include EPAMD tour operators in the CBD zoning district (subsequently including the CBD-RC zoning district). These devices are a relatively new technology and the potential nuisances are not completely known. Further, a cottage industry has arisen using these devices for tours. Thus, the LDR text amendment includes provisions that address potential public hazards and nuisances that may be experienced with these devices. The recommended staff changes mirror the citywide ordinance being processed as a City 7 Planning and Zoning Board Staff Report LDR Text Amendment - EPAMD Tours initiated text amendment to the Code of Ordinances throughout the City. If these changes are accommodated a positive finding can be made with respect to LDR Section 2.4.5(M)(5). ALTERNATIVE ACTIONS A. Postpone with direction. B. Move a recommendation of approval to the City Commission for the text amendment to add LDR Section 4.4.13(D)(22)[EPAMD Tour Operators] and to add LDR Section 4.3.3(ZZZZ) [Special Requirements for Specific Uses], by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5), subject to conditions of approval. C. Move a recommendation of denial to the City Commission of the request to add LDR Section 4.4.13(D)(22)[EPAMD Tour Operators] and to add LDR Section 4.3.3(ZZZZ) [Special Requirements for Specific Usesj, based on a failure to make positive findings as the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M)(5). RECOMMENDED ACTION Move a recommendation of approval to the City Commission for the text amendment to add LDR Section 4.4.13(D)(22)[EPAMD Tour Operators] and to add LDR Section 4.3.3(ZZZZ) [Special Requirements for Specific Uses], by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5), subject to the following conditions of approval: 1. That the special conditions section be modified to include the modifications requested by staff. 2. That the following definition be added to Appendix "A" [Definitions] of the Land Development Regulations: "ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES Any self-balancing, two-nontandem-wheeled device, designed to transport only one person, with an electric propulsion system with an average power of 750 watts (1 horsepower), the maximum speed of which, on a paved level surface when powered solely such a propulsion system while being ridden by an operator who weighs 170 pounds, is less than 20 miles per hour." Attachment: • Exhibit "A" [Applicant's Proposed Amendment] 8 'GA _.ItiEPAIM_BEACEip~ST___ !._ _WEDNE~pAY~t+dABGli_351.20~1,- N®. 59300b7tt 0 A T T SUBSECTION 4.4.13(D), "CONDITIONAL I AND STRUCTURES ALLOWED"; BY AMENC SECTION 4:3.3, "SPECIAL. REQUIREMI FOR SPECIFIC USES," BY ENACTING A I SUBSECTION (ZZZZ), "SEGWAY TOURS SEGWAY SALES"; AND BY AMENDING APPEt "A", "DEFIN{TIONS' ;,TO ESTABLISH REGULATt ~.