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Ord 10-11ORDINANCE NO. 10-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY REPEALING SECTION 4.3.3(D), "RESIDENTIAL AND NON-RESIDENTIAL LICENSED SERVICE PROVIDER FACILITIES" IN ITS ENTIRETY; AMENDING SECTIONS 4.4.2, "RURAL RESIDENTIAL (RR) ZONE DISTRICT", 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS", 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT", 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", 4.4.29, "MIXED RESIDENTIAL OFFICE AND COMMERCIAL (MROC) DISTRICT" TO INCLUDE RESIDENTIAL LICENSED SERVICE PROVIDER FACILITIES AMONG THE LIST OF PERMITTED USES IN THESE ZONING DISTRICTS; AMENDING SECTIONS 4.4.6, "MEDIUM DENSITY RESIDENTIAL (IZM) DISTRICT"; 4.4.9, "GENERAL COMMERCIAL DISTRICT" (GC), 4.4.13, "CENTRAL BUSINESS DISTRICT (CBD), 4.4.16, "PROFESSIONAL AND OFFICE DISTRICT", 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT"; AND 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)"; TO CLARIFY THAT RESIDENTIAL LICENSED SERVICE PROVIDER FACILITIES AND NURSING HOMES ARE ALLOWED WHERE OTHER RESIDENTIAL USES ARE ALLOWED IN THESE ZONING DISTRICTS; AMENDING APPENDIX "A" "DEFINITIONS", IN ORDER TO PROVIDE UPDATED DEFINITIONS OF "RESIDENTIAL LICENSED SERVICE PROVIDER" AND "NON- RESIDENTIAL LICENSED SERVICE PROVIDER"; 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 February 28, 2011 and voted 5 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; and WHEREAS, the United States District Court for the Southern District of Florida, held in United Stater v. City of Boca Katon, that, "Out of the nine licensed service provider components, only three of them-the intensive inpatient treatment facilities, the Residential Treatment Facility, and the Day and Night Treatment Facilities- appear to implicate housing for recovering addicts. The other six licensed service provider components do not explicitly have to do with housing and thus do not appear to implicate the FHA. With regard to intensive inpatient treatment facilities, the Court finds that these facilities, which combine treatment and housing in the same location, are less like dwellings and more akin to hospitals legitimately prohibited from residential districts by the zoning ordinance." 2008 WL 686689, 6 (S.D.FIa. 2008); NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRr1Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.3.3, "Special Requirements for Specific Uses", Subsection (D), "Residential and Non-Residential Licensed Service Provider Facilities", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be repealed in its entirety as follows: « „ « » :•.. > > ..a r~.. ..a ~~,...a ~a r.... ~a ..~. ..t_:i:~,.~:~~ 2 ORD. NO. 10-11 0 i - - - ~c ~.,. ii.. ..:a...... ..a ,.i,.__,.~~.. ,.~.,.r.. ~ > > > ORD. NO. 10-11 ~ inn r r mot..,. :a.. ,.t t' ~as ~ s ..a:~ ~cr ~A~~~y. Sec. 4.3.3(D). RESERVED. Section 4.3.3(D), *Editor's note - "Residential and Non-Residential Licensed Services Provider Facilities" was rebealed by Ordinance No. gassed .2011. Section 3. That Section 4.4.2, "Rural Residential (RR) Zone District", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the (RR) District as a permitted use: (1) Single family detached dwellings. (2) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). (3) Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3(HH). (4) Assisted Living Facilities. (5) Residential Licensed Service Provider Facilities. Section 4. That Section 4.4.3, "Single Family Residential (R-1) Districts", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the Single Family Districts as a permitted use: (1) Conventionally sited single family detached residences. 4 ORD. NO. 10-11 (2) (3) redevelopment plan. (4) (5) pursuant to the regu] Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). Parking lots not associated with a use, pursuant to an adopted neighborhood or Pocket parks. Public educational facilities of The School District of Palm Beach County, ations set forth in Section 4.3.3(HH). (6) Assisted Living Facilities. (71 Residential Licensed Service Provider Facilities. Section 5. That Section 4.4.5, "Low Density Residential (RL) District", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the (RL) District as a permitted use: (1) Single family detached dwellings. (2) Duplex structures. (3) Multiple family structure. (4) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). (5) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. (6) Pocket parks. (7) Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3(HH). (8) Assisted Living Facilities. Residential Licensed Service Provider Facilities. 5 ORD. NO. 10-11 Section 6. That Section 4.4.6, "Medium Density Residential (RIvi) District", Subsections (B), ~ "Principal Uses and Structures Permitted" and (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the (RM) District as a permitted use: (1) Single family detached dwellings. (2) Duplex structures. (3) Multiple family structures. (4) An abused spouse residence with twelve (12) or fewer residents. (5) Group Homes, Type 1 and 2, and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). (6) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. (7) Pocket parks. (8) Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3(HH). (9) Assisted Living Facilities. (10) Transient Residential Use. (11) Residential Licensed Service Provider Facilities. f 12~ Nursing Homes within multi-family structures only. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RM District. DF.LF.T~:D NUMBER (7) A1VD RF,NUMBF.RF.D. {~}j11 Child care and adult day care. 6 ORD. NO. 10-11 {~}~ Private educational facilities subject to the restrictions set forth in Section 4.3.3(HHH). ~~ Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses may be established by a separate conditional use application for child care or rezoning to CF, as appropriate. {~r}(~ The use of common recreational facilities such as swimming pools, tennis courts, and golf courses (associated with a subdivision) for club or commercial purposes. {~}~5,) Single family detached residences in zero lot developments. f 8) j~ Yacht club with facilities. {~}j71 Dock master facilities when associated with amulti-family development which has a marina. {1-A}f 8~ Private beach clubs with attendant recreational, dining, and related accessory facilities within one of the following areas: (a) the area lying south of Atlantic Dunes Park and east of State Road AlA, or (b) south of Casurina Road, north of Bucida road, and east of State Road A1A. ~l~ Multiple family residential development, including residential licensed service provider facilities, may exceed twelve (12) units per acre, up to a maximum of twenty-four (24) units per acre within the Southwest Neighborhood Overlay District defined in Section 4.5.9, subject to the provisions of Section 4.4.6(I), Article 4.7, and based upon the development's conformance with the applicable standards and criteria described within the adopted Southwest Area Neighborhood Redevelopment Plan. {x}.(10), Multiple family residential development, including residential licensed service provider facilities, may exceed twelve (12) units per acre, up to a maximum of twenty-four (24) units per acre within the Carver Estates Overlay Illistrict as defined in Section 4.5.11 and up to a maximum of eighteen (18) units per acre within the Infill Workforce Housing Area, subject to the provisions of Section 4.4.6(1), and Article 4.7. {4~ 11 Bed and Breakfast Inns, subject to the provisions of LDR Section 4.3.3(I'). {1.4~j~12~Large Family Child Care Home, subject to Section 4.3.3(I`I~. 7 ORD. NO. 10-11 Section 7. That Section 4.4.7, "Planned Residential Development (1'RD) District", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the (PRD) District as a permitted use: (1) Single family detached dwellings whether conventional or zero lot line design. (2) Duplex structures. (3) Multiple family structures. (4) Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3(HH). (5) Assisted Living Facilities. (6) Group Home, Type 1 pursuant to restrictions set forth in Section 4.3.3(I). (71 Residential Licensed Service Provider Facilities. (8) Nursing Homes within multi-family structures only. Section 8. That Section 4.4.9, "General Commercial (GC) District", Subsections (B), "Principal Uses and Structures Permitted" and (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses and Structures Permitted: The following are allowed within the GC District as permitted uses, except as modified in the Four Corners Overlay District by Section 4.4.9 (G) (3) (a). (1) General retail uses 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, 8 ORD. NO. 10-11 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, 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 and residential licensed service provider facilities 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 a multi-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). 9 ORD. NO. 10-11 (6) Astrologists, clairvoyants, fortune tellers, palrnists, 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). (D) Conditional Uses and Structures Allowed: The following are allowed as conditional uses within the GC District, except as modified in the North Federal Highway Overlay District by Section 4.4.9(G)(2) and except as modified in the Four Corners Overlay District by Section 4.4.9 (G) (3) (c). DF.LF.TF.D (7) A1VD RF.NUMBF,RED {~}j1~ Amusement game facilities. {~}f 2~ Wash establishments or facilities for vehicles. {4}j~ Child Care and Adult Day Care. {§},(~ Clubs and Lodges; social, fraternal, and recreational not exceeding 3,500 sq. ft. ~ of gross floor area. ~ DF.LF.TED (7) ~1ND KENUMBF,'IZF.D ~u Drive-in Theaters. {~}(~ Flea Markets, bazaars, merchandise marts, and similar retail uses. ~8}~ Funeral Homes. ~9}j8~ Gasoline Stations or the dispensing of gasoline directly into vehicles. {4~}~9,1 Hotels and Motels. ~} ~ Free-standing multiple-family housing, including residential licensed service provider facilities subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to this Section. {~} 11 Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. 10 ORD. NO. 10-11 {~} 12 Sales and service of All Terrain Vehicles and personal watercraft (waverunners, jet skis), with no outside display, outside storage or outside service. X1-4) ~ Vehicle care limited to the changing of oil and filters, and lubrication with no mechanical work or outside storage of vehicles except as a part of a gasoline station. {~} 14 Veterinary Clinics. ~} ~ Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). (4~} j161 Adult Gaming Centers. ~8} X17) Churches or places of worship, and their attendant Sunday school, recreational and columbarium facilities not exceeding 3,500 square feet of gross floor area. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care. {~ 18 Multiple family residential development, including residential licensed service provider facilities, may exceed twelve (12) units per acre, up to a maximum of eighteen (18) units per acre within the Infill Workforce Housing Area, subject to the provisions of Section 4.4.6(1), and Article 4.7, and subject to the requirements of the RM District except for setback and height requirements, which shall be pursuant to this Section. ~8} ~ Assisted Living Facilities, Nursing Homes and Continuing Care Facilities subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to this Section. {~} X20). Large Family Child Care Home, subject to Section 4.3.3('I"I~. Section 9. That Section 4.4.13, "Central Business District (CBD)", Subsections (B), "Principal Uses and Structures Permitted" and (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the city of Delray Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the CBD District as a pernutted use: (1) General retail uses including, but not limited to: (a) Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and slipcovers, medicines and prescriptions, electrical fixtures and supplies, fabrics, fish, flowers and plants, fruits 11 ORD. NO. 10-11 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, and karate-judo, small item repair, and rental of sporting goods and equipment (such as but not limited to bicycles, skates, boogie boards). (b) Galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms and clubs, museums, libraries, newsstands, commercial or public parking lots and parking garages. (c) Public open space plazas (4) Multi-family dwelling units, including residential licensed service provider facilities, but 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, Nursing Homes, 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 4.3.3(1. 12 ORD. NO. 10-11 (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD District: DF.LF.TF.D NUMBF_R (7) ~1ND KENUMBF,KED. ~)~1,~ 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. ~}j~ 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). (~jf 4~ Funeral homes including accessory uses, such as, a chapel, crematory, and the like. {F}}~ Gasoline stations or the dispensing of gasoline directly into vehicles, except that such use shall not be allowed in the West Atlantic Neighborhood, the Beach District, nor on lots which ' front along Atlantic Avenue or N.E. 2"`' Avenue (a/k/a Pineapple Grove Way), beginning at a point 105' south of N.E. 4`h Street. {~j~ Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. {$}j7~ Veterinary clinics. {~j8). Movie theaters, excluding drive-ins. {4$}j~ Playhouses, dinner theaters, and places of assembly for commercial entertainment purposes (e.g., concerts, live performances). {~} 1~0,~ Flea markets, bazaars, merchandise marts, and similar retail uses. {-1-~} 11 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. {~}I121 Multi-family dwelling units, including residential licensed service provider facilities, but 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(2). 13 ORD. NO. 10-11 ~~ Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). ~}~, 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). (~} 15 Drive-in or drive-through restaurants on property located within the West Atlantic Neighborhood. {~-7-} 16 Hotels, motels, bed and breakfast inns, and residential-type inns on property located within the West Atlantic Neighborhood. (~$} 17 Free standing or mixed-use residential development, including residential licensed service provider facilities 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). 18 Bed and Breakfast Inns within the West Atlantic Neighborhood, subject to the provisions of LDR Section 4.3.30. {~} ~ Live/Work Unit, subject to Section 4.3.3 (KKK). {~-1-} ~20~ Large Family Child Care Home subject to Section 4.3.3(T'1~. Section 10. That Section 4.4.16, "Professional and Office District", Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the 1'OD District: (1) Educational facilities, training centers, and vocational schools. {4}~ Veterinarian Clinics. {§}j3~ Funeral Homes. {6}j~ Licensed, professional providers of personal services e.g. pedicurist, beauticians, and cosmetologists. 14 ORD. NO. 10-11 Section 11. That Section 4.4.17, "Residential Office (RO) District", Subsections (B), "Principal Uses and Structures Permitted" and (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the RO District as a permitted use: (1) Single family detached dwellings units. (2) Duplex structures. (3) Business, Professional, and Medical offices. (4) Abused spouses residence limited to forty (40) or fewer residents. (5) Funeral Parlors, funeral homes. (6) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. (7) Group Home, Type 1 pursuant to restrictions set forth in Section 4.3.3(I). (8) Assisted Living Facilities and Nursing Homes. (9) Residential Licensed Service Provider Facilities. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RO District: (1) Child care and adult day care. {~-}~ Bed and breakfast establishments. {4}~ Group Home, Type 2, and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(1). {§} ~ Large Family Child Care Home, subject to Section 4.3.3(I'1~. 15 ORD. NO. 10-11 Section 12. That Section 4.4.24, "Old School Square Historic Arts District", Subsections (B), "Principal Uses and Structures" and (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses and Structures: 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, Medical and Governmental Offices. (4) Retail sales 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 drug stores. (5) Arts related businesses such as craft shops, galleries, and studios within 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 4.3.30. (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 16 ORD. NO. 10-11 (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. (14~ Residential Licensed Service Provider Facilities. (15) Nursing Homes. (D) Conditional Uses and Structures Allowed: The following uses are allowed as ~ conditional uses within the OSSHAD: (1) Outdoor dining which operates at night or which is the principal uses or purpose of the associated restaurant. (2) . ,Child Care, and Adult Day Care, (3) Public Parking lots not associated with a use. (4) Residential-type inns, not to exceed more than eighteen (18) individually leased suites or rooms per acre. (5) Group Home, Type 2, and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). (6) Large Family Child Care Home, subject to Section 4.3.3(TI~. Section 13. 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, Florida, shall hereby be amended to read as follows: (B) 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 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. 17 ORD. NO. 10-11 (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 4. soil laboratories 5. scientific research laboratories (3) General Retail Uses: Retail uses 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, medicines and prescriptions, flowers and plants, fruits and vegetables, food, gifts, glassware, ice cream, leather I 18 ORD. NO. 10-11 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, including residential licensed service provider facilities, but excluding duplexes subject to (c)(1)(2)(3) and (4) 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 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, 19 ORD. NO. 10-11 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. ' 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, Nursing Homes, and Continuing Care Facilities subject to the requirements set forth in Section 4.4.29(8)(4) a, b, and c above. Section 14. That Appendix "A", "Definitions", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended as follows: NON-RESIDENTIAL LICENSED SERVICE PROVIDER ~ e rn-rcr~i~ Shall mean a provider or facility ••'~~~'~ -~" '~~ licensed , under Fla. Stat. Sections 397.311(18~(a)1 "Addictions Receiving Facility"; 397.311(18,~(a)4, "Detoxification"; 397.311(18)(a15. "Intensive Innatient'1'reatment"; and 397.311(18)(a~7~"Medication Assistcd'1'rcatmcnt for Opiate Addiction". RESIDENTIAL LICENSED SERVICE PROVIDER Shall mean a service provider or facility licensed under Fla. Stat. Sections 397.311(18)(a)2 "Day or Night Treatment", 397.311(18)(a)3. "Day or Night Treatment with Community Housing", and 397.311~18~(a)9, "Residential Treatment" C-ka~er 3n~-,--~-~ for the purposes of providing a structured live-in environment within a non hospital setting on a 24-hours-a-day, 7 days-a-week basis, and which includes: fa} Facilities that provide room and board and treatment and rehabilitation within the primary residential facility; a~ Residential Licensed Service Provider Facilities shall be accommodated in the same manner with respect to the number of residents and the number of units as required for the respective structures of either a single family unit, duplex unit, or multi-family unit in the zoning districts where allowed. 20 ORD. NO. 10-11 Section 15. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 16. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 17. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second an^ al reading on ~s the 5`s day of April, 2011. A'I`I'ES ` ~ MAY O City Clerk First Readin ~ S o~~~ Second Readin ~ ~~~ 21 ORD. NO. 10-11 ~fE',PAfM BEAGH`pOST` y hIONDAI; M/IRCH :X:.TQ11. .~ 38 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 16, 2011 SUBJECT: AGENDA ITEM 10 D -REGULAR COMMISSION MEETING OF APRIL 5.2011 ORDINANCE NO 10-11 (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 amending the Land Development Regulations (LDR) by repealing Section 4.3.3(d), "Residential and Non-Residential Licensed Service Provider Facilities" in its entirety; amending Sections 4.4.2, "Rural Residential (RR) Zone District", 4.4.3, "Single Family Residential (R-1) Districts", 4.4.5, "Low Density Residential (RL) District", 4.4.6, "Medium Density Residential (RM) District", 4.4.7, "Planned Residential Development (PRD) District", 4.4.17, "Residential Office (RO) District", 4.4.24, "Old School Square Historic Arts District (OSSHAD)", 4.4.29, "Mixed Residential Office and Commercial (MROC) District", to include residential licensed service provider facilities among the list of permitted uses in these zoning districts; amending Sections 4.4.6, "Medium Density Residential (RM) District"; 4.4.9, "General Commercial District" (GC), 4.4.13, "Central Business District (CBD), 4.4.16, "Professional and Office District", 4.4.17, "Residential Office (RO) District"; and 4.4.24, "Old School Square Historic Arts District (OSSHAD)"; to clarify that residential licensed service provider facilities and nursing homes are allowed where other residential uses are allowed in these zoning districts; amending Appendix "A", "Definitions", in order to provide updated definitions of "Residential Licensed Service Provider" and "Non-Residential Licensed Service Provider". BACKGROUND At the first reading on March 15, 2011, the Commission passed Ordinance No. 10-11. RECOMMENDATION Recommend approval of Ordinance No. 10-11 on second and final reading. http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4311 &MeetingID=313 4/ 11 /2011 ORDINANCE NO.10-11 AN ORDINANCE OF THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY REPEALING SECTION 4.3.3(D), "RESIDENTIAL AND NON-RESIDENTIAL LICENSED SERVICE PROVIDER FACILITIES" IN ITS ENTIRETY; AMENDING SECTIONS 4.4.2, "RURAL RESIDENTIAL (RR) ZONE DISTRICT", 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS", 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", 4.4.6, "IVIEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", 4.4.7, "PL.ANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT", 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", 4.4.29, "IvIIXED RESIDENTIAL OFFICE AND COMMERCIAL (NIIZOC) DISTRICT" TO INCLUDE RESIDENTIAL LICENSED SERVICE PROVIDER FACILITIES AMONG THE LIST OF PERMITTED USES IN THESE ZONING DISTRICTS; AMENDING SECTIONS 4.4.6, "1VIEDIUM DENSITY RESIDENTIAL (RM) DISTRICT"; 4.4.9, "GENERAL COMMERCIAL DISTRICT" (GC), 4.4.13, "CENTRAL BUSINESS DISTRICT (CBD), 4.4.16, "PROFESSIONAL AND OFFICE DISTRICT", 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT"; AND 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)"; TO CLARIFY THAT RESIDENTIAL LICENSED SERVICE PROVIDER FACILITIES AND NURSING HOMES ARE ALLOWED WHERE OTHER RESIDENTIAL USES ARE ALLOWED IN THESE ZONING DISTRICTS; AMENDING APPENDIX "A" "DEFINITIONS", IN ORDER TO PROVIDE UPDATED DEFINITIONS OF "RESIDENTIAL LICENSED SERVICE PROVIDER" AND "NON- RESIDENTIAL LICENSED SERVICE PROVIDER"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, ptusuant to LDR Section 1.1.6, the P1aruling and Zoning Board reviewed the proposed text arriendrrent at a public hearing held on Febniaiy 28, 2011 and voted 5 to 0 to recomrrend that the changes be approved; and WHEREAS, p~usuant to Florida Statute 163.3174(4)(c), tree Planning and Zoning Board, sitting as the Local Planning Agency, has detemuned that the change is consistent with and ftuthecs 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 Plaruung and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Cornprel~isive Plan; and WHEREAS, the United States District Court for the Southern District of Florida, held in United Stag u City of Born Raton, that, "Out of the nine licensed service provider components, only three of them-the intensive inpatient treatment facilities, the Residential Treatment Facility, and the Day and Night Treatment Facilities- appear to implicate housing for recovering addicts. The other six licensed service provider components do not explicitly have to do with housing and thus c1o not appear to implicate the FHA. With regard to intensive inpatient treatment facilities, the Court finds that these facilities, which combine treatment and housing in the same location, are less like dwellings and rriore akin to hospitals legitimately prohibited from residential districts by the zoning ordinance." 2008 WL 686689, 6 (S.D.FIa 2008); NOW, THEREFORE, BE IT ORDAINED BY THE QTY CONIlvIISSION OF THE QTY OF DELRAY BEACH, FLORIDA„ AS FOLLOWS: tion 1. That the recitations set forth above are incorporated herein Section 2. That Section 4.3.3, "Special Req~rirements for Specific Uses", Subsection (D), "Residential and Non Residential Licensed Service Provider Facilities", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be repealed in its entirety as follows: // A // ORD. NO.10-11 ~}--6eee~' n+ t ~,. i not „t +>1„ +„+.,t a,.,.,..,,,,,., ~t,~tt >^ ~~~9tttt~£6A~f1S ez~caie$-~t,~l~~ ar~l8 EaSEitlcrir Sec. 4.3.3LD). RESERVED. Section 4.3.3~D~ *Editor s note - "Residential and Non Residential Licensed Services Provider Facilities' was _pealed by Ordinance No. , r~assed , 2011. Section 3. That Section 4.4.2, "Rural Residential (RIZ) Zone District", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the (RR) District as a permitted use: (1) Single family detached dv~elling~. (2) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). (3) Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3(HH). (4) Assisted Laving Facilities. Residential Licensed Service Provider Facilities. ti n 4. That Section 4.4.3, "Sing,~e Family Residential (R-1) Districts", Subsection (B), "Principal Uses and Structures Perrrutted", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be arrended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the Single Family Districts as a permitted use: (1) Conventionally sited single family detached residences. 4 ORD. NO.10-11 (2) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). (3) Parking lots not associated with a use, ptnsuant to an adopted neighborhood or redevelopment plan. (4) Pocket parks. (5) Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3(HH). (6) Assisted Living Facilities. j~ Resideential Licensed Service Provider Facilities. Section 5. That Section 4.4.5, "Low Density Residential (RL) District", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, Florida, shall herebybe arrended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the (RL) District as a permitted use: (1) Single family detached dwellings. (2) Duplex structures. (3) Multiple family structure. (4) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). (5) Parking lots not associated with a use, ptusuant to an adopted neighborhood or redevelopment plan (6) Pocket parks. (~ Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3(k-II k). (8) Assisted Living Facilities. ~9) Residential Licensed Service Provider Facilities. 5 ORD. N0.10-11 Section 6. That Section 4.4.6, "IVkadium Density Residential (RNl) District", Subsections (B), "Principal Uses and Structures Permitted" and (D), "Conditional Uses and Structures Allowed", of the Latin Development Regulations of the City of Delray Beach, Florida, shall hereby be ameruded to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the (RM) District as a permitted use: (1) Singke family detached dwellings. (2) Duplex structures. (3) Multiple family structures. (4) An abused spouse residence with twelve (12) or fewer residents. (5) Group Homes, Type 1 and 2, and Commtutity Residential Homes, pt.>rsuant to restrictions set forth in Section 4.3.3(I). (6) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan (~ Pocket parks. (8) Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3(HH). (9) Assisted Living Facilities. (10) Transient Residential Use. (11) Residential Licensed Service Provider F~ilities. (12) Nursing Homes within multi-family structures only, (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RM District. DELETED NUMBER (1)AND RENUMBERED. ;., c,,,.+;,,r n a ~m~ (~~ Child care and adult day care. 6 ORD. N0.10-11 ~)~ Private educational facilities subject to the restrictions set forth in Section 4.3.3(I-II-B-~. ~4)~ Churches, or places of vwrship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses maybe established by a separate conditional use application for child care or rezoning to CF, as appropriate. ~~ The use of common recreational facilities such as swinuring pools, tennis courts, and golf courses (associated with a subdivision) for club or commercial purposes. {~u Single family detached residences in zero lot developrrents. ($}~ Yacht club with facilities. {~}~7 Dock master facilities when associated with amulti-family development which has a marina. (48)~ Private beach clubs with attendant recreational, chning, and related accessory facilities within one of the following areas: (a) the area lying south of Atlantic Dunes Park and east of State Road AlA, or (b) south of Casurina Road, north of Buada road and east of State Road A1A. {~}L9,1 Multiple family residential development including resider-tial licensed service provider facilities, may exceed twelve (12) units per acre, up to a maximtun of twentyfour (24) units per acre within the Southwest Neighborhood Overlay District defined in Section 4.5.9, subject to the provisions of Section 4.4.6(I), Article 4.7, and based upon the development's confonrance with the applicable standards and criteria described within the adopted Southwest Area Neighborhood Redevelopment Plan {~ 10 Multiple family residential development, including residential licensed service provider facilities, may exceed twelve (12) units per acre, up to a ~ of twentyfour (24) units per acre within the Carver Estates Overlay District as defined in Section 4.5.11 and up to a maxuruam of eighteen (18) units per acre within the Infill Workforce Housing Area, subject to the provisions of Section 4.4.6(1), and Article 4.7. {~} 11 Bed and Breakfast Inns, subject to the provisions of LDR Section 4.3.3(Y). {44} 12 Large Family Child Care Home, subject to Section 4.3.3(TT). 7 ORD. NO.10-11 Lion 7. That Section 4.4.7, "Planned Residential Development (PRD) District", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach Florida, shall herebybe amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the (PRD) District as a permitted use: (1) Single family detached dwellings whether conventional or zero lot line design. (2) Duplex structures. (3) Multiple family structures. (4) Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3(HH). (5) Assisted Living Facilities. (6) Group Home, Type 1 pursuant to restrictions set forth in Section 4.3.3(I). ~7) Residential Licensed Service Provider Facilities. l8) Nursing_Homes within multi-family structures only. 'on 8. That Section 4.4.9, "General Commercial (GC) District", Subsections (B), "Principal Uses and Structures Pemutted" and (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses and Structures Permitted: The following are allowed within the GC District as permitted uses, except as rrodified in the Four Comers 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, pham~acies, electrical fixtures and supplies, fabrics, fish, flowers and plants, fruits and vegetables, food, garden supplies, gifts, glassware, hardware and paints, home fiuniskiii~, ice crearri, lawn care equipment, leather goods, luggage, medical and surgical equipment, music and musical Wilts, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipmnt and supplies, sewing supplies, sporting goods, 8 ORD. NO.10-11 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 laborntories, 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 plumbinu~ however, any outside storage of materials is prohibited (4) Services and Facilities including, but not limited to: (a) Auctions, bander and beauty shops and salons, caterers, dry cleaning limited to on site processing for customer pickup only, dry clearing and laundry pickup stations, financing e.~ banks and similar institutions including drive-through facilities, ]aundromats limited to self-service facilities, pet grooming, restaurants including drive-in and drive-through, tailoring, tobacconist, vocational schools limited to arts and crafts, b, beauty, dancing, driving, gyirmastics, photography, rriodeling. and karate-judo, small item repair, and rental of sporting goods and equiprrent (such as but not limited to bicycles, skates, boogie boar). (b) Abused spouse residence with forty (40) or fewer residents, galleries, broadcast studios, butcher shops, cocktail loumges, exercise facilities e.g. gyms and dubs, indoor shooting ranges, museucrs, libraries, newsstands, commercial or public parking lots and parking garages, theaters excluding drive-ins. (5) Dwelling units and residential licensed service vrovider facilities in the same structuue as comrriencial 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 stnxtuue 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 Comers District which may have a free standing residential building as part of amulti-building unified mister 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 dwelling units per acre and is subject to the provisions under Section 4.4.9 (G)(3)(d)(4). 9 ORD. N0.10-11 (6) Astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers, subject to the locational restrictions of Section 4.4.9(1-17(3). (~ Group Home, Type 1, pLmsuant to restrictions set forth in Section 4.3.3(I). (D) Conditional Uses and Structures Allowed: The following are allowed as conditional uses within the GC District, except as modified in the North Federal Highway Overlay District by Section 4.4.9(G)(2) and except as modified in the Four Comers Overlay District by Section 4.4.9(G)(3)(c). DELETED (1)AND RENUMBERED (~)f 1) Amusemer-t gyre facilities. ~),(~ Wash establishments or facilities for vehicles. (4-}~ Child Care and Adult Day Care. (~}~ C1ubs and Lodges; social, fraternal, and recreational not exceeding 3,500 sq. ft. of gross floor area DELETED (7)AND RENUMBERED ~)~ Drive-in Theaters. ~)f,~ Flea Markets, bazaars, merchandise marts, and similar retail uses. ($)~7 Funeral Homes. (~}~ Gasoline Stations or the dispensing of gasoline directly into vehicles. {48}9,) Hotels and Nbtels. {44-} 10 Free-standing multiple-family holing, including residential licensed service provider facilities subject to the regtrirerrents of the RM District except for setback and height requirements which shall be pursuant to this Section (~} 11 Recreational establislmnts such as bowling alleys, gSnTUiasiurrn, health spas, miniature golf courses, skating rinks. 10 ORD. N0.10-11 (~) 12 Sales and service of All Terrain Vehicles and personal watercraft (wavenuulers, jet skis), with no outside display, outside storage or outside service. {44) 13 Vehicle care limited to the chang~rrg of oil and filters, and lubrication with no mechanical work or outside storage of vehicles except as a part of a gasoline station {~ 14 Veterinary Clinics. (~ 15 Group Home, Type 2 and Community Residential Homes, puusuant to restrictions set forth in Section 4.3.3(I). (~ 16 Adult Gaming Centers. {-~} ~ Churches or places of vwrship, and their attendant Sunday school, recreational and columbarium facilities not exceeding 3,500 square feet of gross floor area. The foregoing does not allow establislzrrtient of educational and care uses such as elementary school and general day care. {~9) 18 Multiple family residential development including residential licensed service provider facilities, may exceed twelve (12) units per acre, up to a m~rxirnum of eig~rteen (18) units per acre within the Infill Workforce Housing Area, subject to the provisions of Section 4.4.6(1), and Article 4.7, and subject to the requirerrrents of the RM District except for setback and height requirerrerrts, which shall be pursuant to this Section (~) 19 Assisted Living Facilities, Nursing Homes, and Continuing Care Facilities subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to this Section -(~ ~2Q) Large Family Child Care Home, subject to Section 4.3.3(TT). Section 9. That Section 4.4.13, "Central Br.tsine`ss District (CBD)", Subsections (B), "Principal Uses and Structures Permitted" and (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the city of Delray Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the CBD District as a permitted use: (1) General retail uses iruclradirrg, 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, rrreclicines arul prescriptions, electrical fixtures acrd supplies, fabrics, fish,, flowers and plants, frrrits 11 ORD. NO.10-11 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 iistnurents, 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 ptusuant to restrictions set forth in Section 4.4.13(I-~(1) including, but not limited to: (a) Interior decornting, 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 united to self-service facilities, pet grooming, restaurants excluding drive-in and drive-through, outdoor cafes, tailoring, tobacconist, vocational schools united to arts and crafts, business, beauty, dancing, driving, gyn>riastics, photography, modeling, and karnte-judo, small item repair, and rental of sporting goods and egLripment (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, musetur~s, libraries, newsstaruls, commercial or public parldrig lots and parking (c) Public open space plazas (4) Multi-family dwelling units, including residential licensed service provider facilities, but excluding duplexes, up to a rnaxirrnun 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. Neighborhood (5) Hotels, motels, and residential-type inns except in the West Atlantic (6) Assisted Living Facilities, Nursin Hg omes' and Continuing Care Facilities, up to a maximtun density of thirty (30) units per acre except for the West Atlantic Neighborhood or Beach District, where the rnaxinuun 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). 12 ORD. NO.10-11 (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD District: DELETED NUMBER (1) AND RENUMBERED. ~,(~ Amuserrent game facilities limited to such uses as pinball, air hockey, electronic games, and other similar coin operated games when an attendant is on duty. ~~ Child care and adult day care. (4~L3,) Financial institutions, e.g., banks and similar institutions including drive through facilities pursuant to restrictions set forth in Section 4.4.13(I~(1). (~},(~ Funeral homes including accessory uses, such as, a chapel, crematory, and the like. {~l~ Gasoline stations or the dispensing of gasoline directly into vehicles, except that such use shall not be allowed in the West Atlantic Neighborhood, the Beach District, nor on lots which front along Atlantic Avenue or N.E. 2`~ Avenue (a/k/a Pineapple Grove Way), beguuung at a point 105' south of N.E. 4~' Street. (~}~ Recreational establishments such as bowling alleys, gylrniasiums, health spas, miniature golf courses, skating rinks. {~)~7 Veteruiary clinics. {t3}~ Movie theaters, excluding drive-ins. ~~ Playhouses, dinner theaters, and places of assembly for commercial entertainment purposes (e.g., concerts, live perfom~ances). (~ 10 Flea markets, bazaars, merchandise marts, and similar retail uses. (-~} 11 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 minimtun lot area of 20,000 sq.ft. (~} 12 Multi-family dwelling units, including residential licensed service provider facilities, but excluding duplexes, at a density greater than thirty (30) units per acre, on properly located south of N.E. 2nd Street and north of S.E. 2nd Street, subject to the sl:andards and limitations of Section 4.4.13(1). 13 ORD. NO.10-11 {44} 13 Group Home, Type 2 and Commiuiity Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). (~ 14 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). (~} 15 Drive-in or drive-through restaurants on properly located within the West Atlantic Neighborhood (x)16 Hotels, motels, bed and breakfast inns, and residential-type inns on property located within the West Atlantic Neighborhood. (4$} 17 Free standing or mixed-use residential development includin residential licensed service provider facilities 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). {~ 18 Bed and Breakfast Inns within the West Atlantic Neighborhood, subject to the provisions of LDR Section 4.3.3(Y). (~8} 19 Live/Work Unit, subject to Section 4.3.3 (KKK). (~} 20 Large Family Child Care Home subject to Section 4.3.3(TT). tion 10. That Section 4.4.16, "Professional and Office District", Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the POD District: (1) Educational facilities, training centers, and vocational schools. (4}~2,) Veterinarian Clinics. (~)~ Funeral Homes. ~u Licensed, professional providers of personal services e.~ pedicurist, beauticians, and cosmetologists. 14 ORD. NO.10-11 'on 11. That Section 4.4.17, "Residential Office (RO) District", Subsections (B), `Principal Uses and Structures Permitted" and (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be arrend~ed to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the RO District as a permitted use: (1) Single family detached dwellings units. (2) Duplex structrues. (3) Business, Professional, and Medical offices. (4) Abused spouses residence limited to forty (40) or fewer residents. (5) Funeral Parlors, funeral homes. (ti) Parking lots not associated with a use, puusuant to an adopted neighborhood or redevelopment plan (7) Group Horne, Type 1 pursuant to restrictions set forth in Section 4.3.3(I). (8) Assisted Living Facilities and Nursing Homes. L) Residential Licensed Service Provider Facilities. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RO District: (1) Child care and adult day care. {3_}~ Bed and breakfast establishments. {4)~3,) Group Home, Type 2, and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). ~ ~ Large Family Child Care Home, subject to Section 4.3.3('I'I'). 15 ORD. NO.10-11 Section 12. That Section 4.4.24, "Old School Square Historic Arts District", Subsections (B), „Principal Uses and Stnxhues" and (D), „Conditional Uses and StructLU~es Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses and Structures: The following types of uses are allowed within the OSSHAD as a pem~utted use: (1) Singe family detached dwellings. (2) Duplex structures. (3) Business, Professional, Medical and Goven~altal Offices. (4) Retail sales through specialty shops (single purpose businesses) such as: bath shops, bookstores, gift shops, florists, hobby shops, kitchen shops, boutiques, bicycle shops, excluding liquor stores, convenience stores and drug stores. (5) Arts related businesses such as craft shops, galleries, and studios within 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. (~ Restaurants of a sit down nature such as a cafe, snack shop, full service dining but excluding anydrive-inand/ordrive-through facilities or features. (8) Providing of personal services such as baYberslwps, 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, ptusuant 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) pLUSUant 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 16 ORD. NO.10-11 (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. L14) Residential Licensed Service Provider Facilities. X15) Nursing Homes. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the OSSHAD: (1) Outdoor dining which operates at night or which is the principal uses or purpose of the associated restaurant. (2) .. ' d Care, and Adult Day (3) Public Parking lots not associated with a use. (4) Residential-type inns, not to exceed more than eighteen (18) individually leased suites or rooms per acre. (5) Group Home, Type 2, and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). (6) Large Family Child Care Horne, subject to Section 4.3.3(TT). 'on 13. That Section 4.4.29, "Nfixed Residential, Office and Commercial (MROC) District", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of uses are allov~ed within the MROC district as permitted uses: (1) Office Center: The "Office Center' uses within an MROC development may comprise as much as one h~zndred percent (100%) of the total building square footage within the development. These uses can include: (a) Finaiuial Institutions, e.g., banks, savings and loan establishrrients, brokerage fimis. (b) Medical Offices, e.g., physicians, dentists, chiropractors, podiatrists, optornehists, etc. 17 ORD. N0.10-11 (c) Professional Offices, e.g, attorneys, ei~}neering fimtis, architectural (d) Goverturiental offices, e.g, including federal, state, county, and local offices, along with their related fleet and comrruulications 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, comnwnication towels and comrrnuuty facilities such as civic centers, cultural facilities, libraries, auditoriums, museums, and public recreation facilities, and services such as day care centers, abuse, childcare 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 (IZ&D) uses involve either some degme 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. phan~riaceuticaLs (b) Research and Development Services: 1. calibration laboratories or services 2. chemical laboratories 3. corrirrercial testing laboratories 4. soil laboratories 5. scientific research laboratories (3) General Retail Uses: Retail uses not to exceed 20% of the total building square footage of the development, including but not limited to: (a) Restaurants, baked goods, books, cltieeses, beer, wire, liquor, confectioneries, cosmetics, meats, medicines and prescriptions, flowers and plants, fnrits and vegetables, food, gifts, glassware, ice cream, leather 18 ORD. NO.10-11 goods, luggage, medical and surgical equipment, music and musical inslnureilts, 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 rriachines, jewelry. (b) Barber and beauty shops and salons, caterers, dry cleaning limited to on- site processing for customer picla.ip only, dry cleaning and laundry pickup stations, outdoor cafes, tailoring, tobacconist. (c) Galleries, butcher shops, cocktail lounges, exercise facilities, museurr~, libraries, ruewsstands, commercial or public parking lots and parking garages. (4) Multi-family Dwelling Units: Multi-family uses, including residential licensed service provider facilities, but excluding duplexes subject to (c)(1)(2)(3) and (4) below, rating in density between 40 and 50 units per acre subj ect to the follow (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 developmnt 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 (meastu~ed by airline route) greater than 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 developtrents must include a minirruun 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, 19 ORD. NO.10-11 residentially developed sites within 1,000 linear feet (measured by airline route) of the Tri-Rail station can contain 100% ~wrkforce housing units. If a portion of the parcel is within 1,000 linear feet, this reg~ilation 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 Performaiue 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, rrotels, and residential all suite lodging uses will be considered one specific use category. (6) Assisted Living Facilities, Nursing Homes, and Continuing Care Facilities subject to the regtrireimnts set forth in Section 4.4.29(B)(4) a, b, and c above. Section 14. That Appaulix "A", "Definitions", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended as follows: NON-RESIDENTIAL LICENSED SERVICE PROVIDER ~ Any facility licensed for Opiate Addiction'. RESIDENTIAL LICENSED SERVICE PROVIDER licensed under Fla Stat. Sections 397.311(18)(a)2, "Day Night Treatment with Community Housing", and 397.311(18~(a)9, "Residential Treatment" ~ 397, ~ ~~~ for the purposes of providing a structured live-in environrrent within a non hospital setting on a 24-hours-a-day, 7 days-a-week basis, and which includes: ~) Facilities that provide room and board and treatment and rehabilitation within the prinary residential facility:; R Ztial 20 Section 1 . That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 16. That all ordinances or parts of ordinances in conflict herewith be, and the same are Hereby repealed. Section 17. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final Heading on this the day of , 2011. ATTEST: MAYO R City Qerk First Reading Second 21 Coversheet MEMORANDUM TO: Mayor and City Commissioners Page 1 of 2 FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: March 9, 2011 SUBJECT: AGENDA ITEM 10 C - REGULAK COMMISSION MEETING OF MARCH 15.2011 ORDINANCE NO 10-11 (FIRST READING/FIRST PUBLIC HEARING) ITEM BEFORE COMMISSION Consideration of acity-initiated ordinance to amend the Land Development Regulations (LDRs) to repeal current specific regulations pertaining to Residential and Non-Residential Licensed Service Providers and specify the zoning districts in which such uses are allowed. This is accompanied by two (2) other related ordinances (09-11 and 11-11); all three ordinances address how the city regulates Residential and Non-Residential Licensed Service Providers. BACKGROUND Ordinance No. 10-11 repeals Section 4.3.3 (D), "Residential and Non-Residential Licensed Service Provider Facilities" in its entirety in order to clarify that the residential component of these facilities shall be permitted as of right, the same as other residential uses in the various zoning districts where residential uses are allowed. These changes are being processed to bring our code up to current legal standards based on recent case law. Recent case law has determined these Residential Licensed Service Provider uses must be treated the same as any other residential use. The Special Regulations Section 4.3.3 currently contains restrictive elements specific to Residential Licensed Service Providers, such as minimum separation distances, minimum floor area for bedrooms, minimum floor area devoted to common areas, locational restrictions (not within 1200 feet of any private or public school), etc. These Sections are being repealed, as they are not supported by current case law. Further, Residential Licensed Service Providers are allowed as a conditional use or not at all in certain residential districts. To comport with current case law they are being added as permitted uses subject to regulations applied to all residential uses. These include regulations that control transient residential uses, landlord permits, and the definition of `family.' Also nursing homes where allowed are being moved from uses permitted by conditional use to permitted by right, to maintain consistency. REVIEW BY OTHERS The Planning and Zoning Board voted 5 - 0 recommending approval at their February 28, 2011 http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4284&MeetingID=288 3/16/2011 Coversheet meeting. Page 2 of 2 RECOMMENDATION By motion, approve on first reading Ordinance No.10-11 for acity-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4284&MeetingID=288 3/16/2011 MEETING DATE: FEBRUARY 28, 2011 AGENDA NO: IV. B. AGENDA ITEM: CONSIDERATION OF THREE CITY-INITIATED AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS (LDR) RELATED TO THE DELETION OF SPECIAL REGULATIONS THAT PERTAIN TO RESIDENTIAL LICENSED SERVICE PROVIDERS (SECT. 4.3.3) AND TO FURTHER ALLOW THEM AS PERMITTED USES IN SPECIFIED ZONING DISTRICTS (ARTICLE 4.4); CREATING A MEDICAL ARTS OVERLAY DISTRICT (SECT. 4.5.18); ADDING INSTITUTIONAL USES WHEN LOCATED WITHIN THE MEDICAL ARTS OVERLAY DISTRICT IN SPECIFIED ZONING DISTRICTS (ARTICLE 4.4); AMENDING APPENDIX "A" TO PROVIDE UPDATED DEFINITIONS FOR RESIDENTIAL LICENSED SERVICE PROVIDER, NON-RESENTIAL LICENSED SERVICE PROVIDERS, MEDICAL OFFICE, AND INSTITUTIONAL USES. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding three (3) city-initiated ordinances to amend the Land Development Regulations (LDRs) to repeal current specific regulations pertaining to Residential and Non-Residential Licensed Service Providers, allowing Residential Licensed Service Providers as a permitted use, creating a Medical Arts Overlay District, and amending the associated definitions. 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 Following is a brief description of the three (3) ordinances: Ordinance No. 10-11 pertains to Section 4.3.3 (D), "Residential and Non-Residential Licensed Service Provider Facilities". It is being repealed in its entirety in order to clarify that the residential component of these facilities shall be permitted as of right, the same as other residential uses in the various zoning districts where residential uses are allowed. These changes are being processed to bring our code up to current legal standards based on recent case law. Recent case law has determined these Residential Licensed Service Provider uses must be treated similar to any other residential use. The Special Regulations Section 4.3.3 currently contains restrictive elements specific to Residential Licensed Service Providers, such as minimum separation distances, minimum floor area for bedrooms, minimum floor area devoted to common areas, locational restrictions (not within 1200 feet of any private or public school), etc. These Sections are being repealed, as they are unconstitutional. Further, Residential Licensed Service Providers are allowed as a conditional use or not at all in certain residential districts. To comport with current case law they are to be added as permitted uses subject to regulations applied to all residential uses. Also nursing homes where allowed are being moved from uses permitted by conditional use to permitted by right, to maintain consistency. Planning and Zoning Board Meeting, February 28, 2011 LDR Amendment -Medical Arts Overlay Ordinance No. 11-11 revises the Medical Office definition to include the Outpatient programs referenced in Section 397.311 of the Florida Statutes dealing with Substance Abuse Services. This is to clarify and differentiate between outpatient medical treatment and intensive inpatient medical treatment including detoxification facilities which are institutional in nature. Non- institutional medical uses are currently, and will continue to be, allowed in medical office districts. Institutional medical uses including intensive inpatient treatment facilities will be allowed in the new Medical Arts District. Many of our zoning districts that allow medical office uses are in mixed districts that allow residential uses or are located in close proximity to residential uses. Recent case law has found that intensive inpatient treatment facilities are less like dwellings and more akin to hospitals and can be legitimately prohibited from residential districts. Ordinance No. 09-11 creates a Medical Arts Overlay District to include institution-like uses including hospitals and non-residential licensed service provider facilities (intensive inpatient/ detoxification type facilities) within the overlay district which encompasses CF, POC and PC zoning districts. These institutional uses are included under the list of permitted uses within the portion of these zoning districts that are included in the Medical Arts Overlay District. An amended definition for Institutional Uses is also included. The overlay district encompasses the general area of Military Trail and Linton Blvd. and includes the existing Delray Medical Center, the South County Mental Health Center, Inc., Fair Oaks Hospital, Palm Court Plaza, Wal-Mart Center, Delray Town Center, Delray Outpatient Properties, Linton Oaks Square, Linton Office Park, and the South County Professional Centre Condo. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The following were identified as relevant to this amendment: GOAL AREA "A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO SUSTAIN AND ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT AND BE COMPATIBLE WITH EXISTING LAND USE AND RESULT /N A MIXED, BUT PREDOMINATELY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE AND ENCOURAGE ACCESSIBLE AFFORDABLE EVERYDAY SERVICES. Objective A-1 Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. Intensive inpatient treatment facilities that combine treatment and housing in the same location have been determined to be less like dwellings and more akin to institutional uses like hospitals and can be legitimately prohibited from residential zoning districts. The Medical Arts Overlay District is being created to provide an area for the institutional uses and will allow Non-residential Licensed Service Providers, Hospitals, Treatment Centers, Rehabilitation Centers, Testing Facilities, and Mental Health Treatment Facilities. Accompanying ordinances will allow non- institutional medical uses within districts that allow medical uses. The Residential Licensed 2 Planning and Zoning Board Meeting, February 28, 2011 LDR Amendment -Medical Arts Overlay Service Provider use will be allowed as permitted use within residential districts consistent with the other residential uses. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following civic associations: ^ Neighborhood Advisory Council ^ Delray Citizen's Coalition ^ Citation Club ^ Shadywoods ^ Lakeview Civic Association ^ Sherwood Park Civic Association ^ Rabbit Hollow ^ Verona Woods ^ Spanish Wells ^ Crosswinds ^ Abbey Delray South ^ Andover ^ Hammock Reserve Homeowners Association ^ Country Lake Homeowners Association ^ Del-Aire Homeowners Association A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Special Regulations That Pertain To Residential Licensed Service Providers (Sect. 4.3.3) And To Further Allow Them As Permitted Uses In Specified Zoning Districts (Article 4.4); Creating A Medical Arts Overlay District (Sect. 4.5.18); Adding Institutional Uses When Located Within The Medical Arts Overlay District In Specified Zoning Districts (Article 4.4); Amending Appendix "A" To Provide Updated Definitions For Residential Licensed Service Provider, Non-Residential Licensed Service Providers, Medical Office, And Institutional Uses., 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, Special Regulations That Pertain To Residential Licensed Service Providers (Sect. 4.3.3) And To Further Allow Them As Permitted Uses In Specified Zoning Districts (Article 4.4); Creating A Medical Arts Overlay District (Sect. 4.5.18); Adding Institutional Uses When Located Within The Medical Arts Overlay District In Specified Zoning Districts (Article 4.4); Amending Appendix "A" To Provide Updated Definitions For Residential Licensed Service Provider, Non-Residential Licensed Service Providers, Medical Office, And Institutional Uses. , 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, Special Regulations That Pertain To Residential Licensed Service Providers (Sect. 4.3.3) And To Further Allow Them As Permitted Uses In Specified Zoning Districts (Article 4.4); Creating A Medical Arts Overlay District (Sect. 4.5.18); Adding Institutional Uses When Located Within The Medical Arts Overlay District In Specified Zoning Districts (Article 4.4); Amending Appendix "A" To 3 Planning and Zoning Board Meeting, February 28, 2011 LDR Amendment -Medical Arts Overlay Provide Updated Definitions For Residential Licensed Service Provider, Non-Residential Licensed Service Providers, Medical Office, And Institutional Uses., 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). Attachments: ^ Ordinance No. 10-11 ^ Ordinance No. 11-11 ^ Ordinance No. 09-11 ^ Medical Arts District Map ^ Medical Arts Zoning Map 4