Ord 09-11ORDINANCE NO. 09-11
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH
BY AMENDING SECTIONS 4.4.12, "PLANNED COMMERCIAL (PC)
DISTRICT; 4.4.15, "PLANNED OFFICE CENTER (POC) DISTRICT;
4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT"; ENACTING A
NEW SECTION 4.5.18, "MEDICAL ARTS OVERLAY DISTRICT", TO
PROVIDE FOR THE CREATION AND IMPLEMENTATION OF THE
MEDICAL ARTS OVERLAY DISTRICT; AND AMENDING APPENDIX
"A", "DEFINITIONS", OF THE LAND DEVELOPMENT
REGULATIONS TO DEFINE "INSTITUTIONAL USES"; 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 Ciry 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 4.4.12, "Planned Commercial (PC) District," of the Land Development
Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
Section 4.4.12 Planned Commercial (PC) District:
(A) Purpose and Intent: The Planned Commercial (PC) District provides for retail, office,
and other commercial activities to be established on large sites in a well planned, functional, and
aesthetically pleasing manner. Residential uses may else be permitted as part of a mixed-use
development within the Four Corners Overlay District, provided at least 20% of the units are
workforce housing units which comply with the provisions of Article 4.7, "Family/Workforce
Housing." The maximum density is thirty (30) units per acre. The actual density will be based upon the
development's ability to achieve the performance standards of Section 4.4.13(I)(2). Institutional uses
may also be t~ermitted as Part of the Medical Arts Overlay District. The PC District shall be applied to
properties designated as commercial on the Future Land Use Map where the unified development is, or
will be, in excess of five (5) acres; or when it is appropriate to preserve the character of certain specialty
retail and office centers; or to ensure that certain high visibility areas are attractively developed.
(B) Principal Uses and Structures Permitted: The following types of use are allowed
within the PC District as a permitted use, except within the Four Corners Overlay District which shall
be pursuant to Section 4.4.9(G)(3)(a):
(1) All uses allowed as such within the GC District [Section 4.4.9(B)(1) through (5)
and (7)].
(2) Automobile brokerage, including vehicle display within an enclosed structure,
but excluding any preparation, service, or repair work.
(C) Accessory Uses and Structures Permitted: The following uses are allowed when a
part of, or accessory to, the principal use, except within the Four Corners Overlay District which shall
be pursuant to Section 4.4.9(G)(3)(b):
(1) Parking lots.
(2) Refuse and service areas.
(3) Provision of services and repair of items incidental to the principal use.
(4) Storage of inventory either within the same structure as where the sale of goods
occurs or in a separate structure on the same parcel provided that such storage facilities are not shared or ~~,
leased independent of the primary commercial use of the site.
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the PC District except as modified in the Lindell/Federal (Redevelopment Area
#6) Overlay District and the Silver Terrace Courtyards Overlay District by Section 4.4.12(G) and
within the Four Corners Overlay District which shall be pursuant to Section 4.4.9(G)(3)(c):
(1) All uses allowed as such within the GC District (Section 4.4.9(D)].
(2) Playhouses, Dinner Theaters, and places of assembly for commercial
entertainment purposes (e.g., concerts, live performances)
(3) Private schools and other similar educational facilities, subject to Section
4.3.3(HHH).
2 ORD N0.09-11
(4) Adult Gaming Centers.
(5) Live/Work Unit, subject to 4.3.3(KKK).
(E) Review and Approval Process:
(1) In established structures, uses shall be allowed therein upon application to, and
approval by, the Chief Building Official for a certificate of occupancy.
(2) For any new development, approval must be granted by the Site Plan Review
and Appearance Board pursuant to Sections 2.4.5(F), 2.4.5(H), and 2.4.5(I).
(3) Conditional uses must be approved pursuant to the provisions of Section
2.4.5(E).
(4) A Master Development Plan may be processed for large scale or phased
projects.
(5) All development within the Four Corners Overlay District shall comply with the
provisions of Section 4.4.9(E)(4).
(F) Development Standards: In addition to the development standards set forth in
Section 4.3.4, the following shall apply, except within the Four Corners Overlay District which shall be
pursuant to Section 4.4.9(F)(3).
(1) Special Landscape Area: Within the first ten feet (10') of the front yard setback
area (abutting the property line) full landscaping shall be provided. Driveways and sidewalks shall be
accommodated only when generally perpendicular to the property line.
(2) Any free-standing structure shall have a minimum floor area of 6,000 square
feet; shall be architecturally compatible with other structures, shall take access from the interior ~
circulation system of the development and shall be able to meet all code requirements if it were to be
situated on an outparcel. Architectural compatibility shall be determined pursuant to Section 4.6.18.
(G) Supplemental District Regulations: In addition to the supplemental district
regulations set forth in Article 4.6, the following shall apply.
(1) Development within the Lindell/Federal Redevelopment Area Overlay District
(Redevelopment Area #6) shall be consistent with the provisions contained within the adopted
Redevelopment Plan for the area, as particularly described under the chapter entitled "Section 4: Plan
for Future Development."
(2) Within the portion of the Redevelopment Area that is bounded by Dixie
Highway on the west, the C-15 canal on the south, Federal Highway on the east, and Avenue K
(extended) on the north, multiple family residential development with densities of up to 16 units per
acre is allowed as a conditional use, subject to the provisions of LDR Section 4.4.6 RM (Medium
3 ORD N0.09-11
Density Residential) Zoning District, subsection (I), Performance Standards, and based upon the
development's conformance with the applicable standards and criteria described within the adopted
Redevelopment Plan. ~' i
(3) Dwelling units are permitted within the same structure as commercial uses with
no restriction on the percentage of each use allowed. In the event that residential and nonresidential
uses are located in the same structure, residential uses and nonresidential uses must be physically
separated and have separate accessways.
(4) All development within the Four Corners Overlay District shall also comply
with the provisions of Section 4.4.9(G)(3)(d) and (e).
(5) Within the Silver Terrace Courtyards Overlay District, as defined by Section
4.5.17, multi-family residential and mixed-use development with residential densities up to 22 units per
acre is allowed as a conditional use, subject to the provisions of LDR Section 4.4.6 RM (Medium
Density Residential) Zoning District, subsection (I), Performance Standards, provided at least 20 % of
the units are workforce units which comply with the provisions of Article 4.7, "Family/Workforce
Housing". The maximum nonresidential Floor Area Ratio (FAR) within the overlay district is 0.75.
Within the Medical Arts Overlay District, as defined in Section 4.5.18, in
addition to the uses listed in 4 4 1 ~1 the following_are allowed as permitted uses:
(a) Institutional uses such as• Non-residential Licensed Service Provider
~-, Facilities• Hospitals with or without helipads and associated
laboratories• Treatment Centers• Rehabilitation Centers; Testing
Facilities• and Mental Health Treatment Facilities, including residential
care.
(H) Special Regulations:
(1) Where it is appropriate to limit the type, character, or intensity of use within a
PC development, this may be accomplished by affixing the added designation of "S" (Small Scale) to
the PC designation (i.e. PC-S). In such designated development, the maximum floor area which can be
allocated to a single tenant or specific use, singularly or in the aggregate, shall not exceed 60,000 square
feet. (e.g. although retail sales may exceed 60,000 sq.ft., the retail sale of home furnishings shall not
exceed 60,000 sq.ft.).
(2) 24-Hour or late night businesses as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(W).
(3) No Clubs and Lodges (social, fraternal and recreational) or Church or Places of
Worship shall be located closer than seven hundred and fifty (750) feet from another such facility
measured from lot line to lot line boundary along a straight airline route.
4 ORD N0.09-11
Section 3. That Section 4.4.15, "Planned Office Center (I'OC) District," of the Land Development
Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
Section 4.4.15 Planned Office Center (POC) District:
(A) Purpose and Intent:
(1) The Planned Office Center (POC) District provides for the concentration of
office and support uses in a well planned and managed environment. It is not intended that the District
be for commercial activities in which goods and merchandise are stored, displayed, or sold except as
appropriate to meet the needs of users of the POC.
(2) A POC is to be planned and developed on land under unified control and as a
single development, or in a programmed series of development phases. Unified control may be
achieved through single ownership or the existence of binding agreements among owners of individual
parcels therein.
~3) Institutional uses may also be permitted as part of the Medical Arts Overlay
District.
(B) Principal Uses and Structures Permitted: The following types of use are allowed
within the POC District as a permitted use:
(1) Banks and financial institutions including drive-in and drive-through facilities.
(2) Brokerage establishments, including watercraft, aviation, and motor vehicles but
without on premises storage of items, except that securities brokers may store securities brokered by
them on the premises.
(3) Business offices.
(4) Computer and data management services, including the servicing of hardware.
(5) Medical offices.
(6) Medical Clinics
(7) Medical and dental laboratories.
(8) Professional offices.
(9) Photographic studios.
(10) Real estate, insurance, accounting, travel arrangements and similar services.
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ORD N0.09-11
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(C) Accessory Uses and Structures Permitted: The following uses are allowed when a ~
part of, or accessory to, the principal use:
(1) Parking lots.
(2) Refuse and service areas.
(3) Ancillary uses such as retail sales of convenience items, newspapers, candies; ~
lunch counters, cafeteria, snack shop; exercise facility; when located within an office structure and
designed for use of employees and their guests.
(4) Ancillary uses such as galleries, displays, meeting and conference facilities when ~
relate to the purpose and use of the specific POC complex. ~
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the POC District:
(1) Restaurants, excluding drive-in and drive-through facilities.
(2) Child care and adult day care.
(3) Residential all suite lodging (residential inns).
(4) Health spas, fitness centers, and exercise facilities which are open to the general
public
(E) Review and Approval Process:
(1) In established structures, uses shall be allowed therein upon application to, and
approval by, the Chief Building Official for a certificate of occupancy. ~I
(2) For any new development approval must be granted by the Site Plan Review
and Appearance Board with respect to Sections 2.4.5(F), (H), and (I). ~
(3) Conditional uses must be approved pursuant to the provisions of Section
2.4.5(E).
(F) Development Standards: In addition to the development standards set forth in
Section 4.3.4, the following shall apply:
(1) Minimum site area for the total POC is to be three (3) acres with individual
development parcels allowed to be one acre in size. However, the approving body may grant a waiver
to the three acre requirement upon a determination that the development is consistent with the purpose
(, ORD N0.09-11
and intent of the POC District and there exists good cause for not combining properties or aggregating
additional property.
(2) When abutting residentially zoned property, atwenty-five foot (25') setback
must be provided.
(3) Any free-standing structure shall have a minimum floor area of 4,000 square
feet; shall be architecturally integrated with other structures; shall have direct access to and from other
portions of the POC. ~
(G) Supplemental District Regulations: The supplemental district regulations as set forth
in Article 4.6 shall apply except as modified by, or added to, as follows:
(1) The first ten (10) feet of the front yard setback which is adjacent to a right-of-
way shall be a landscaped area. Within this area, no paving shall be allowed except for access drives
and pedestrian ways which should be generally perpendicular to the property lines.
(2) Within the Medical Arts Overlay District, as defined in Section 4.5.18, in
addition to the uses listed in 4 4 15 B~ the following are allowed as permitted uses:
~,L Institutional uses such as: Non-residential Licensed Service Provider
Facilities• Hospitals with or without helipads and associated
laboratories• Treatment Centers• Rehabilitation Centers; Testing
Facilities• and Mental Health Treatment Facilities, including residential
care.
(H) Special Regulations:
(1) Documentation which constitutes evidence of unified control of the entire area
within a POC must be provided at the time of submission of the site and development plan.
(2) A program for full provision, maintenance, and operation of common areas,
improvements, facilities, and services for the common use of occupants of the POC and which
specifically provides that no such elements or features shall be provided or maintained at the public's
expense must be provided at the time of submission of the site and development plan.
(3) Executed agreements, contracts, covenants, deed restrictions, sureties, or other
legal arrangements for the maintenance, repair, and operation of matters under Subsection (H)(2) and
which bind successors in tide to any such commitments shall be provided prior to certification of a
POC site and development plan.
(4) 24-Hour or late night businesses as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV).
ORD N0.09-11
Section 4. That Section 4.4.21, "Community Facilities (CF) District," of the Land Development
Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
Section 4.4.21 Community Facilities (CF) District:
(A) Purpose and Intent: The Community Facilities (CF) District is a special purpose zone
district primarily, but not exclusively, intended for locations at which facilities are provided to serve
public, semi-public, and private purposes. Such purposes include governmental, religious, educational,
health care, social service, and special facilities. It is also applied to regulated properties subjected to a
transfer of development rights pursuant to Section 4.6.20. In addition, this district has provisions for
the Medical Arts Overlay District.
The CF District is deemed compatible with all land use designations shown on the Future Land
Use Map.
(B) Principal Uses and Structures Allowed: The following types of use are allowed
within the CF District as a permitted use:
(1) Governmental, such as: civic centers, courts, courthouses, temporary holding
facilities, fire stations, governmental offices, public health facilities, law enforcement offices and
facilities, post offices, public utility facilities (e.g. lift stations), water storage tanks, water treatment
plants, water wells, wastewater treatment plants, drainage facilities.
(2) Community, such as: civic centers, community centers, community theater,
cultural facilities and auditoriums, arts and crafts centers, libraries, museums, public parking lots and
garages.
(3) Recreation, such as: community centers, tennis centers, swuruning centers.
(4) Services, such as: abused spouse residences, child care centers, day care centers.
(5) Religious, such as: churches and places of worship with attendant uses of day
care, pre-school, educational facilities, and with other normal educational (Sunday school) and
recreational facilities, and support facilities (e.g., parsonage).
(6) Restricted usage allowed pursuant to an ordinance enacted to sever
developments rights under a Transfer of Developments (TDR). (See Section 4.6.20).
(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) Clubs and Lodges provided that alcoholic beverages shall not be served or
consumed on the property. ~
g ORD N0.09-11
(9) Assisted Living Facilities and Continuing Care Facilities, subject to the
requirements of the RM District except for setback and height requirements which shall be pursuant to
this Section. ~
(C) Accessory Uses and Structures Permitted: The following uses are allowed when a
part of, or accessory to, the principal use:
(1) Parking lots and garages.
(2) Service and Refuse Areas.
(3) Cafeterias, snack bars, restaurants, exercise facilities, etc., when contained in the
same structure as the principal use.
(4) Storage of inventory, equipment, or materials, within a structure or in an
approved outside location.
(5) Concessions and services provided under a license agreement with the City.
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the CF District:
• ,
{~},(1~ Private educational facilities pursuant to the regulations set forth in Section 4.3.3
(HHH), and vocational schools except for training or programs which can be conducted in
multipurpose buildings or offices (e.g. a dance school, real estate school, etc.) which may be located in
various commercial districts, pursuant to the regulations set forth in Section 4.3.3 (HHH).
{~}~ Services, such as: Community Residential Homes and Group Homes, Type 2,
pursuant to restrictions set forth in Section 4.3.3(I), Senior Housing as set forth in Section 4.3.3 (II).
{4}j~ Transportation, such as: bus stations, railway stations, taxi dispatch (more than
one taxi), and park and ride areas.
{§}~ Special Services and Facilities, such as: privately operated parking lots and
garages; stadiums and arenas; refuse transfer stations; resource recovery facilities, pursuant to provisions
of Section 4.3.3(Z); and power transfer stations.
(E) Review and Approval Process:
9 ORD N0.09-11
(1) In established structures, principal and accessory uses shall be allowed therein
upon application to, and approval by, the Chief Building Official for a certificate of occupancy.
(2) For any new development, approval must be granted by the Historic
Preservation Board or the Site Plan Review and Appearance Board pursuant to Sections 2.4.5(F),
2.4.5(H), and (I).
(3) Conditional uses must be approved pursuant to Section 2.4.5(E).
(F) Development Standards: The development standards as set forth in Section 4.3.4
shall apply as guidelines for site development. While deviations from these standards are allowed, each
deviation must be specifically approved by the Historic Preservation Board or the Site Plan Review and
Appearance Board.
(G) Supplemental District Regulations: 3'ke In addition to the supplemental district
regulations as set forth in Article 4.6, the following supplemental district regulations shall apply in the
CF District.
~ll Medical Arts Overlay District: The following supplemental district regulations
~~lv to the Medical Arts Overlay District, as defined in Section 4.5.18.
~ In addition to the uses listed in 4.4.21(B~, the following uses are allowed
as permitted uses:
1. Institutional uses, such as: Non-residential Licensed Service
Provider Facilities• Hospitals, with or without helipads and
associated laboratories• Treatment Centers: Rehabilitation
Centers• Testing Facilities: and Mental Health Treatment
Facilities, including residential care.
(H) Special Regulations:
(1) The perimeter setback area, when provided, shall be a landscaped area within
which no paving shall be allowed except for driveways and walkways leading to structures on the
premises. Such driveways and walkways shall be generally perpendicular to the property line.
(2) When this zone district is adjacent to residential zoning, the perimeter landscape
area should be increased to a depth of fifteen feet (15'); or, as an alternative, either a wall, decorative
fencing, or hedging should be installed for aesthetic and buffer purposes.
(3) For CF zoned properties located within the West Atlantic Avenue
Redevelopment Area, a minimum of 10% non-vehicular open space shall be provided.
10 ORD N0.09-11
Notwithstanding the provisions of this section, the body acting upon a development application may
require additional open areas, including but not limited to courtyards, plazas, and landscaped setbacks,
in order to add interest and provide relief from the building mass. All landscape requirements for
parking lots and buffering of residential properties, pursuant to Sections 4.6.5 and 4.6.16, shall apply.
Section 5. That Section 4.5.18, "Medical Arts Overlay District," of the Land Development
Regulations of the City of Delray Beach, Florida, be and the same is hereby enacted to read as follows:
Section 4.5.18 Medical Arts Overlay District
~A) Defined• The Medical Arts Overlay District is hereby established to include the
following area:
The North half (N '/z~ of the Northeast duarter (NE '/a) of Section 26, Township 46 South,
Range 42 East, lying South of the Linton Boulevard road right-of--way, East of the LWDD E-3 Canal
right-of way, and West of the Military Trail road right-of-way• together with Parcel 1, Delray Town
Center, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 65,
Page 189 of the Public Records of Palm Beach County; together with Parcel A, Delray Outpatient
Properties Plat, a Subdivision in Palm Beach County Florida as per the Plat thereof recorded in Plat
Book 99 Page 197, of the Public Records of Palm Beach County; together with the Northwest quarter
INW '/a) of the Northwest duarter ~NW '/a~, of Section 25 Township 46 South, Range 42 East lying
South of the Linton Boulevard road right-of--way and East of the Military Trail road right-of--way, less
the South half (S '/z) of the Southeast quarter (SE '/a) of the Northwest Quarter (NW '/a) of the
Northwest Quarter (NW Y4
(B) Map of Overlay District
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ORD NO. 09-11
Section 6. That Appendix "A", "Definitions", of the Land Development Regulations of the City of
Delray Beach, Florida, shall hereby be amended as follows:
INSTITUTIONAL USES shall mean a facility which provides intense around the clock treatment ,
and/or testing such as: Hospitals, Treatment Centers, Rehabilitation Centers, Testing Facilities, Mental
Health Treatment Facilities, and Non-Residential Licensed Service Provider Facilities.
Section 7. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall
not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be
invalid.
Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 9. That this ordinance shall become effective immediately upon its passage on second and
final reading.
PASSED AND ADOPTED in regular session on second an al reading on this the ~ day of
2011.
~Se/~
ATTEST MAYO R
~J.
City Clerk °~ ~^
First Readin / ~~ °~~'\
Second Readin ~" 5 oCr'~ ~
12 ORD N0.09-11
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: March 16, 2011
SUBJECT: AGENDA ITEM 10 E -REGULAR COMMISSION MEETING OF APRIL 5, 2011
ORDINANCE NO 09-11 (SECOND READING/SECOND PUBLIC HEARING)
ITEM BEFORE COMMISSION
Page 1 of 1
This ordinance is before Commission for second reading and second public hearing to consider
amending the Land Development Regulations (LDR) by amending Sections 4.4.12, "Planned
Commercial (PC) District; 4.4.15, "Planned Office Center (POC) District", 4.4.21, "Community
Facilities (CF) District"; enacting a new Section 4.5.18, "Medical Arts Overlay District", to provide for
the creation and implementation of the Medical Arts Overlay District; and amending Appendix "A",
"Definitions", of the Land Development Regulations (LDR) to define "Institutional Uses" .
BACKGROUND
At the first reading on March I5, 2011, the Commission passed Ordinance No. 09-11.
RECOMMENDATION
Recommend approval of Ordinance No. 09-11 on second and final reading.
http://itwebapp/AgendaIntranet/B luesheet.aspx?ItemID=4310&MeetingID=313 4/ 11 /2011
ORDINANCE N0.09-11
AN ORDINANCE OF THE QTY COMMISSION OF THE QTY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE QTY OF DELRAY BEACH
BY AMENDING SECTIONS 4.4.12, "PLANNED COMMERCIAL (PC)
DISTRICT; 4.4.15, 'TLANNED OFFICE CENTER (I'OC) DISTRICT;
4.4.21, "COMMCJNITY FAC[LITIES (CF) DISTRICT"; ENACTING A
NEW SECTION 4.5.18, "1VIEDICAL ARTS OVERLAY DISTRICT", TO
PROVIDE FOR THE CREATION AND IMPLEMENTATION OF THE
MEDICAL ARTS OVERLAY DISTRICT; AND AMENDING APPENDIX
"A", "DEFINITIONS", OF THE LAND DEVELOPMENT
REGULATIONS TO DEFINE "INSTITUTIONAL USES"; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Boarcl reviewed the proposed
text am~aldment at a public hearing held on Febnaary 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 Plaruling and Zoning Board, sitting as the
Local Planning Agency, has deterrnu~ed that the change is consistent with and furthers the goals, objectives and
policies of the Corr~relue~tisive Plan; and
WHEREAS, the City Corrur~is~sion 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 ordinatue is consistent with
the Comprehensive Plan
NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMMISSION OF THE QTY OF
DELRAY BEACH, FLORIDA,, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein
'on 2. That Section 4.4.12, "Planrued Cornrnercial (PC) District," of the Land Development
Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
Section 4.4.12 Planned Commercial (PC) District:
(A) Purpose and Intent: The Planned Commercial (PC) District provides for retail, office,
and other commercial activities to be established on large sites in a well planned, functional, and
aesthetically pleasing m~ruler. Residential uses may alse be permitted as part of a mixeduse
development within the Four Comers Overlay District, provided at least 20% of the units are
vwrkforce housing twits which comply with the provisions of Article 4.7, "Farnily/Workforce
Housing." The rr~dmtun density is thirty (30) twits per acre. The achaal density will be based upon the
development's ability to achieve the perfom~ance standards of Section 4.4.13(I)(2). Institutional uses
may also be permitted as part of the 1Vleclical Arts Overlay District. The PC District shall be applied to
properties designated as corrurercial on the Ft~ttu~e Land Use N1ap where the tmified development is, or
will be, in excess of five (5) acres; or when it is appropriate to preserve the chai~cter of certain specialty
retail and office centers; or to ensure that certain high visibility areas are attractively developed
(B) Principal Uses and Structures Permitted: The following types of use are allowed
within the PC District as a pemutted use, except within the Four Comers Overlay District which shall
be pursuant to Section 4.4.9(G)(3)(a):
(1) All uses allowed as strh within the GC District [Section 4.4.9(B)(1) through (5)
and (~]•
(2) Automobile brokerage, including vehicle display within an enclosed struchue,
but excluding any preparation, service, or repair work
(C) Accessory Uses and Structures Permitted: The following uses are allowed when a
part of, or accessory to, the principal use, except within the Four Comets Overlay District which shall
be ptnsuant to Section 4.4.9(G)(3)(b):
(1) Parking lots.
(2) Refuse and service areas.
(3) Provision of services and repair of items irucidental to the principal use.
(4) Storage of inventory either within the same stnrttme as where the sale of goods
occtns or in a separate stnacttue on the same parcel provided that such storage facilities are not shared or
leased ~~ of the primary comrr~ial use of the site.
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the PC District except as modified in the Lindell/Fedexal (Redevelopment Area
# 6) Overlay District and the Silver Tenace Cotutyards Overlay District by Section 4.4.12(G) and
within the Fotu~ Comers Overlay District which shall be pursuant to Section 4.4.9(G)(3)(c):
(1) All uses allowed as strh within the GC District [Section 4.4.9(D)].
(2) Playhouses, Dinner Theaters, and places of assembly for commercial
entertairument ptuposes (e.g., concerts, live performances)
(3) Private schools and other similar educational facilities, subject to Section
4.3.3(I-II IH).
2 ORD. N0.09-11
(4) Adult Gaming Centers.
(5) Live/Work Unit, subject to 4.3.3(KKK).
(E) Review and Approval Process:
(1) In established structures, uses shall be allowed therein upon application to, and
approval by, the Chief Building Official for a certificate of occupancy.
(2) For any new development, approval must be granted by the Site Plan Review
and Appearance Board pLUSUant to Sections 2.4.5(F), 2.4.5(I-~, and 2.4.5(I).
(3) Conditional uses must be approved pursuant to the provisions of Section
2.4.5(E ).
(4) A Master Development Plan may be processed for large scale or phased
projects.
(5) All development within the Four Comers Overlay District shall comply with the
provisions of Section4.4.9(E)(4).
(F) Development Standards: In addition to the development standards set forth in
Section 4.3.4, the following shall apply, except within the Four Corners Overlay District which shall be
pursuant to Section 4.4.9(F)(3).
(1) Special Landscape Area: Within the first ten feet (10') of the front yard setback
area (abutting the property line) full landscaping shall be provided. Driveways and sidewalks shall be
accommodated only when generally perpendicular to the property line.
(2) Any free-standing structure shall have a mirurrnurr floor area of 6,000 square
feet; shall be architecturally compatible with other stntictures, shall take access from the interior
circulation system of the development and shall be able to meet all code regrurements if it were to be
situated on an outparreL Architectural compatibility shall be deterrruned pursuant to Section 4.6.18.
(G) Supplemental District Regulations: In addition to the supplemental district
regulations set forth in Article 4.6, the following shall apply.
(1) Development within the Lindell/Federal Redevelopment Area Overlay District
(Redevelopment Area # 6) shall be consistent with the provisions contained within the acbpted
Redevelopment Plan for the area, as particularly described under the chapter entitled "Section 4: Plan
for Future Development."
(2) Within the portion of the Redevelopment Area that is bounded by Dixie
Highway on the west, the C-15 canal on the south, Federal Highway on the east, and Avenue K
(extended) on the north, multiple family residential development with densities of up to 16 units per
acre is allowed as a conditional use, subject to the provisions of LDR Section 4.4.6 RM (Medium
3 ORD. N0.09-11
Density Residential) Zoning District, subsection (I), Performance Standards, and based upon the
development's confomiaiue with the applicable standards and criteria described within the acbpted
Redevelopment Plan.
(3) Dwelling units are permitted within the same structure as commercial uses with
no restriction on the percentage of each use allowed In the event that residential and nonresidential
uses are located in the same structure, residential uses and nonresidential uses rrn.>`st be physically
separated and have separnte accessways.
(4) All development within the Four Corneas Overlay District shall also comply
with the provisions of Section 4.4.9(G)(3)(d) and (e).
(5) Within the Silver Terrace Courtyards Overlay District, as defined by Section
4.5.17, multi-family residential and mixed-t.~se development with residential densities up to 22 units per
acre is allowed as a conditional use, subject to the provisions of LDR Section 4.4.6 RM (Medium
Density Residential) Zoning District, subsection (I), Performance Standards, provided at least 20 % of
the units are vwrkforce units which comply with the provisions of Article 4.7, "Family/Workforce
Housing". The rnaximtun nonresidential Floor Area Ratio (FAR) within the overlay district is 0.75.
(a) Institutional uses such as: Non-residential Licensed Service Provider
Facilities• Hospitals with or wnthout helipads ^and associated
care.
(I-~ Special Regulations:
(1) Where it is appropriate to limit the type, clmax-acter, or intensity of use within a
PC development, this may be accomplished by affixing the added designation of "S" (Small Scale) to
the PC designation (i.e. PC-S). In such designated development, the rna~dmi.nn floor area which can be
allocated to a single tenant or specific use, singularly or in the aggregate, shall not exceed 60,000 square
feet. (e.g. although retail sales may exceed 60,000 sq.ft., the retail sale of home furnishings shall not
exceed 60,000 sq.ft.).
(2) 24-Hour or late night businesses as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV).
(3) No Clubs and Lodges (social, fraternal and recreational) or Church or Places of
Worship shall be located closer than seven hundred and fifty (750) feet from another such facility
measured from lot line to lot line boundary along a straight airline route.
4 ORD. N0.09-11
Section 3. That Section 4.4.15, "Planned Office Center (I'OC) District," of the Land Development
Regulations of the City of Delray Beach, Florida, be and the same is hereby arrrnded to read as follows:
Section 4.4.15 Planned Office Center (POC) District:
(A) Purpose and Intent:
(1) The Planned Office Center (I'OC) District provides for the concentration of
office and support uses in a well planned and managed environment. It is not intended that the District
be for corrurercial activities in which goods and rrenchandise are stored, displayed, or sold except as
appropriate to meet the needs of users of the POC.
(2) A POC is to be planxtied and developed on land under unified control and as a
single development, or in a programmed series of development phases. Unified control may be
achieved through singe ownership or the existence of binding agreements among owners of individual
parcels therein
L) Institutional uses may also be permitted as dart of the Medical Arts Overlay
District.
(B) Principal Uses and Structures Permitted: The following types of use are allowed
within the POC District as a permitted use:
(1) Banks and financial institutions including drive-in anddrive-through facilities.
(2) Brokerage establishments, including watercraft, aviation„ and motor vehicles but
without on premises storage of items, except that securities brokers may store securities brokered by
them on the premises.
(3) Business offices.
(4) Computer and data management services, including the servicing of hardware.
(5) Medical offices.
(6) Medical Clinics
(~ Medical and dental laboratories.
(8) Professional offices.
(9) Photographic studios.
(10) Real estate, insurance, accounting, travel a~~ts and similar services.
5 ORD. N0.09-11
(C) Accessory Uses and Structures Permitted: The following uses are allowed when a
part of, or accessory to, the principal use:
(1) Parking lots.
(2) Refuse and service areas.
(3) Ancillary uses such as retail sales of convenience items, newspapers, candies;
lunch counters, cafeteria, snack shop; exercise facility, when located within an office structure and
designed for use of employees and their guests.
(4) Ancillary uses such as galleries, displays, meeting and conference facilities when
relate to the purpose and use of the specific POC complex.
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the POC District:
(1) Restaurants, excluding drive-in and drive-through facilities.
(2) Child care and adult day care.
(3) Residential all suite lodging (residential inns).
(4) Health spas, fitness centers, and exercise facilities which are open to the general
public
(E) Review and Approval Process:
(1) In established structures, uses shall be allowed therenl upon application to, and
approval by, the Chief Building Official for a certificate of occupancy.
(2) For any new development approval must be granted by the Site Plan Review
and Appearance Board with respect to Sections 2.4.5(F), (H), and (I).
(3) Conditional uses must be approved pursuant to the provisions of Section
2.4.5(E ).
(F) Development Standards: In addition to the development standards set forth in
Section 4.3.4, the following shall apply.
(1) IVfinimum site area for the total POC is to be three (3) acres with individual
development parcels allowed to be one acre in size. However, the approving body may grant a waiver
to the three acre regtrirement upon a determination that the development is consistent with the purpose
6 ORD. N0.09-11
and intent of the POC District and there exists good cause for not combining properties or aggzeg~ting
additional property.
(2) When abutting residentially zoned property, a twentyfive foot (25') setback
must be provided
(3) Any free-standing stnacttme shall have a minimum floor area of 4,000 square
feet; shall be architecturally integrated with other structures; shall have direct access to and from other
portions of the POC.
(G) Supplemental District Regulations: The supplemental district regulations as set forth
in Article 4.6 shall apply except as modified by, or added to, as follows:
(1) The first ten (10) feet of the front yard setback which is adjacent to a right-of-
way shall be a landscaped area Within this area, no paving shall be allowed except for access drives
and pedestrian ways which should be generally perpendicular to the property lines.
~ Institutional uses such as: Non-residential Licensed Service Provider
care.
(H) Special Regulations:
(1) Documentation which constitutes evidence of unified control of the entire area
within a POC must be provided at the time of submission of the site and development plan.
(2) A program for full provision, maintenance, and operation of common areas,
improvements, facilities, and services for the comrron use of occupants of the POC and which
specifically provides that no such elements or features shall be provided or maintained at the public's
expense must be provided at the time of submission of the site and development plan
(3) Executed agreerr~lts, contracts, covenants, deed restrictions, sureties, or other
legal arrangements for the maintenance, repair, and operation of matters under Subsection (H)(2) and
which bind successors in title to any such commitments shall be provided prior to certification of a
POC site and development plan.
(4) 24Hour or late night b~ as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV).
7 ORD. N0.09-11
Section 4. That Section 4.4.21, "Corrurumity Facilities (CF) District," of the Land Development
Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
Section 4.4.21 Community Facilities (CF) District:
(A) Purpose and Intent: The Community Facilities (CF) District is a special purpose zone
district primarily, but not exclusively, intended for locations at which faalities are provided to serve
public, semi-public, and private purposes. Such purposes include goverrurental, religious, educational,
health care, social service, and special facilities. It is also applied to regulated properties subjected to a
transfer of development rights pursuant to Section 4.6.20. In addition, this district has provisions for
the Medical Arts Overlay District.
The CF District is deemed compatible with all land use designations shown on the Future Land
Use Map.
(B) Principal Uses and Structures Allowed: The following types of use are allowed
within the CF District as a perrnitted use:
(1) Governmental, such as: civic centers, courts, courtlwuses, temporary holding
facilities, fire stations, goven~ltal offices, public health facilities, law enforcement offices and
facilities, post offices, public utility facilities (e.& lift stations), water storage tanks, water treatment
plants, water wells, wastewater treatment plants, drainage facilities.
(2) Cornrntmity, such as: civic centers, community centers, community theater,
cultural facilities and auditoriums, arts and crafts centers, libraries, museums, public parking lots and
$~~•
(3) Recreation, such as: community centers, tennis centers, s•wirruning centers.
(4) Services, such as: abused spouse residences, child care centers, day care centers.
(5) Religious, such as: churches and places of vwrship with attendant uses of day
care, pre-school, educational facilities, and with other normal educational (Sunday sckwol) and
recreational facilities, and support facilities (e.g., parsonage).
(6) Restricted usage allowed pursuant to an ordinance enacted to sever
developments rights under a Transfer of Developments (TDR). (See Section 4.6.20).
(7~ Public educational facilities of The Sclwol District of Palm Beach County,
pursuant to the regulations set forth in Section 4.3.3 (I~~.
(8) Clubs and Lodges provided that alcoholic beverages shall not be served or
consumed on the property.
8 O1ZD. N0.09-11
(9) Assisted Living Facilities and Continuing Care Facilities, subject to the
requirements of the RM District except for setback and height requirerrents which shall be pursuant to
this Section
(C) Accessory Uses and Structures Permitted: The following uses are allowed when a
part of, or accessory to, the principal use:
(1) Parking lots and gages.
(2) Service and Refuse Areas.
(3) Cafeterias, snack bars, restaurants, exercise facilities, etc., when contained in the
same structure as the principal use.
(4) Storage of inventory, equipment, or materials, within a stnacture or in an
approved outside location
(5) Concessions and services provided under a license agreement with the City.
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the CF District:
{~~ Private educational facilities pursuant to the regulations set forth in Section 4.3.3
(HH)=1), and vocational schools except for traininrg or programs which can be conducted in
multipurpose buildings or offices (e.g. a dance school, real estate school, etc.) which maybe located in
various commercial districts, pursuant to the regulations set forth in Section 4.3.3 (ICI).
{3)~ Services, such as: Comminuty Residential Homes and Group Homes, Type 2,
pursuant to restrictions set forth in Section 4.3.3(I), Senior Housing as set forth in Section 4.3.3 (II).
{4}L3,) Transportation, stack as: bus stations, railway stations, taxi dispatch (more than
one taxi), and park and aide areas.
~}~ Special Services and Facilities, such as: privately operated parking lots and
garages; stadiums and arenas; refuse transfer stations; resource recovery facilities, ptusuant to provisions
of Section 4.3.3(Z); and power transfer stations.
(E) Review and Approval Process:
9 ORD. N0.09-11
(1) In established structures, principal and accessory uses shall be allowed therein
upon application to, and approval by, the Chief Building Official for a certificate of occupancy.
(2) For any new development, approval must be granted by the Historic
Preservation Board or the Site Plan Review and Appearance Board pursuant to Sections 2.4.5(F),
2.4.5(I~, and (I).
(3) Conditional uses must be approved pursuant to Section 2.4.5(E ).
(F) Development Standards: The development standards as set forth in Section 4.3.4
shall apply as guidelines for site development. While deviations from these standards are allowed, each
deviation must be specifically approved by the Historic Preservation Board or the Site Plan Review and
Appearance Board.
(G) Supplemental District Regulations: ~e In addition to the supplemental district
regulations as set forth in Article 4.6`the following supplem~enntal district regulations shall apply in the
CF District.
1 Institutional uses such as: Non residential Licensed Service
Provider Facilities• Hospitals with or without helipads and
associated laboratories• Treatment Centers; Rehabilitation
C'Pnters• Testing_ Facilities• and Mental Health Treatment
Facilities, including residential care.
(I~ Special Regulations:
(1) The perirter setback area, wheal provided, shall be a laruiscaped area within
which no paving shall be allowed except for driveways and walkways leading to structures on the
premises. Such driveways and walkways shall be generally perpendicular to the property line.
(2) When this wne district is adjacent to residential zoriutg, the perimeter landscape
area should be increased to a depth of fifteen feet (15'); or, as an alternative, either a wall, decorative
fencitg or hedging should be installed for aesthetic aril buffer purposes.
(3) For CF zoned properties located within the West Atlantic Avenue
Redevelopment Area, a minimum of 10% nonvehicular open space shall be provided
10 ORD. N0.09-11
Notwithstanding the provisions of this section, the body acting upon a developrrent application may
require additional open areas, including but not lirrrited to courtyards, plazas, and landscaped setbacks,
in ordex to add interest and provide relief from the building mass. All landscape regrrirerrrents for
parking lots and buffering of residential properties, pursuant to Sections 4.6.5 and 4.6.16, shall apply.
Section 5. That Section 4.5.18, "Medical Arts Overlay District," of the Land Development
Regulations of the City of Delray Beach, Florida, be and the same is hereby enacted to read as follows:
Section 4.5.18 Medical Arts Overlay District
jA) Defined• The Medical Arts Overlay District is hereby established to include the
following_area:
The North half LN 1/i) of the Northeast quarter (NE ~/4) of Section 26 Township 46 South
~B) Map of Overlay District
ORD. N0.09-11
Northwest Ouarter , '/ ~.
Section That Appendix "A", "Definitions", of the Land Development Regulations of the City of
Delray Beach, Florida, shall hereby be amended as follows:
Health Treatment Facilities, and Non-Residential Licensed Service Provider Facilities.
Section 7. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall
not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be
invalid
Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are
Hereby repealed.
Section 9. That this ordinance shall become effective imrrediately upon its passage on second and
final reading.
PASSED AND ADOPTED in regular session on second and final 1$ on this the day of
2011.
ATTEST
City Clerk
First Rea
Second Reading
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING
PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING
THROUGH: CITY MANAGER
DATE: March 9, 2011
SUBJECT: AGENDA 1"CEM 10 B -REGULAR COMMISSION MEETING OF MARCH 15, 201]
ORDINANCE NO.09-11 (FIRST READING/FIRST PUBLIC HEARING)
ITEM BEFORE COMMISSION
Page 1 of 1
Consideration of acity-initiated amendment regarding an ordinance to amend the Land Development
Regulations (LDRs) to create and implement the Medical Arts Overlay District. This is accompanied by
two (2) other related ordinances (10-11 and 1 I -11); all three ordinances address how the city regulates
Residential and Non-Residential Licensed Service Providers.
BACKGROUND
Following is a brief description of Ordinance No. 09-11:
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 Community Facilities (CF), Planned Office
Center (POC), and Planned Commercial (PC) zoning districts. These institutional uses are included
under the list of permitted uses within the portion of these zoning districts that are within 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, 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.
REVIEW BY OTHERS
The Planning and Zoning Board voted 5 - 0 recommending approval at their February 28, 2011
meeting.
RECOMMENDATION
By motion, approve on first reading Ordinance No. 09-11 for acity-initiated amendment to the Land
Development Regulations, by adopting the findings of fact and law contained in the staff report and
fmding 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=4288&MeetingID=288 3/ 16/2011
ITEM BEFORE THE BOARD
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 y 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
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`THE PALM BEACH POST • MONDAY, MARCIi 7, 2011 $B ;..
CITY O
NOTIC
The City Commission of the'
Florida; proposer to adopt the
ORDINANCE N
AN ORDINANCE OF THE C
THE CITY. QF DELRAY BEACH,
THE- LAND. DEVELOPMENT
'THE CITY OF DELRAY BEA
SECTIONS 4:4:12, "PLANNE
---.
V,L"I IIVL'. IIYJIII V.IIVIV/'1L VJLJ ,
SAVING` CLAUSE A GENERAL'` REPS
AND AN`EFFECTI~/E DATE.
The" City' Commission will coriduct`
Hearings tot the purpose o~ accepting
regarding: the proposed' ordinance.
LJ,.~.:..,:...:II k.., h.,W ,... T~ ICCr1AV AA
.^
All interested citizens dre invited''to ai
hearings and Comm@nt,upon-the prop
qr submit their comments In writing o
date 'of these hearings to: the'.: Plannil
P.Idnning and` Zonin Departroenf,'.City I
N.W. l st Avenue, Delray .'Beach, Florid
Lemail'ati it or
61 /243- 040), etween - ~ "ours of. E
and S:OQ p.m., Monday, through Friday,;
holidayg.
'Please be'advised "that if'a person decides:
:any decision. made by the City Commis
resppect to any matter conside~e~ at these
such person may need to ensure that a verbs
Pl1BL