Ord 47-11ORDINANCE NO. 47-11
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS, BY AMENDING SECTION 4.4.6,
"MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT,
SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES
ALLOWED ", SECTION 4.4.9, "GENERAL COMMERCIAL (GC)
DISTRICT ", SUBSECTION (B), "PRINCIPAL USES AND
STRUCTURES PERMITTED ", SECTION 4.4.9, "GENERAL
COMMERCIAL (GC) DISTRICT ", SUBSECTION (G)(3)(4), "MULTI-
FAMILY DWELLING UNITS ", SECTION 4.4.12, "PLANNED
COMMERCIAL (PC) DISTRICT ", SUBSECTION (G),
"SUPPLEMENTAL DISTRICT REGULATIONS ", SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT ", SUBSECTION (D),
"CONDITIONAL USES AND STRUCTURES ALLOWED ",
SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT - RAILROAD
CORRIDOR (CBD -RC) ", SUBSECTION (D), "CONDITIONAL USES
AND STRUCTURES ALLOWED, TO ADD ASSISTED LIVING
FACILITIES TO THE LIST OF ALLOWED USES IN THE SAME
MANNER AS MULTIPLE FAMILY RESIDENTIAL USES IN
ORDER TO BRING CONSISTENCY BETWEEN THE LAND
DEVELOPMENT REGULATIONS AND STATE AND FEDERAL
LAWS, 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 November 21, 2011, and voted 6 to 1 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.4.6, "Medium Density Residential (RM) District ",
subsection (D), "Conditional Uses and Structures Allowed ", of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is
hereby amended to read as follows:
Section 4.4.6. Medium Density Residential (RM) District:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the RM District.
(1) Child care and adult day care.
(2) Private educational facilities subject to the restrictions set forth in Section
4.3.3(HHH).
(3) 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.
(4) The use of common recreational facilities such as swimming pools, tennis courts,
and golf courses (associated with a subdivision) for club or commercial purposes.
(5) Single family detached residences in zero lot developments.
(6) Yacht club with facilities.
(7) Dock master facilities when associated with a multi - family development which has
a marina.
(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 AlA.
(9) Multiple family residential development, including residential licensed service
provider facilities and assisted living facilities, may exceed twelve (12) units per acre, up to a maximum
ORD. NO. 47 -11
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.
(10) Multiple family residential development, including residential licensed service
provider facilities and assisted living facilities, may exceed twelve (12) units per acre, up to a maximum
of twenty -four (24) units per acre within the Carver Estates Overlay District 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.
Section 3. That Section 4.4.9, "General Commercial (GC) District ", subsection (B), "Principal
Uses and Structures Permitted ", of the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
Section 4.4.9 General Commercial (GC) District:
(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, toys, wearing apparel and accessories, appliances,
bicycles, business machines, jewelry.
(2) Business, Professional, and Medical uses including, but not limited to:
3 ORD. NO. 47 -11
(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). With the exception of bicycles with an electric - helper motor as defined
in. Section 72.02, Delray Beach Code of Ordinances, all rented sporting goods must be
non- motorized.
(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 and assisted
living 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
4 ORD. NO. 47 -11
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).
Section 4. That Section 4.4.9, "General Commercial (GC) District ", subsection (D),
"Conditional Uses and Structures Allowed ", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
(D) Conditional Uses and Structures Allowed: The following are allowed as conditional
uses within the GC District, except as modified in the North Federal Highway Overlay District by Section
4.4.9(G)(2) and except as modified in the Four Corners Overlay District by Section 4.4.9(G)(3)(c).
(1) Amusement game facilities.
(2) Wash establishments or facilities for vehicles.
(3) Child Care and Adult Day Care.
(4) Clubs and Lodges; social, fraternal, and recreational not exceeding 3,500 sq. ft. of
gross floor area.
(5) Drive -in Theaters.
(6) Flea Markets, bazaars, merchandise marts, and similar retail uses.
(7) Funeral Homes.
(8) Gasoline Stations or the dispensing of gasoline directly into vehicles.
(9) Hotels and Motels.
(10) 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.
(12) Sales and service of All Terrain Vehicles and personal watercraft (waverunners, jet
skis), with no outside display, outside storage or outside service.
(13) 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.
5 ORD. NO. 47 -11
(15) (Group Home, Type 2 and Community Residential Homes, pursuant to restrictions
set forth in Section 4.3.3(I).
(16) Adult Gaming Centers.
(17) 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 and assisted living 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.
(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.
(20) Large Family Child Care Home, subject to Section 4.3.3(TT).
Section 5. That Section 4.4.9, "General Commercial (GC) District ", subsection 4.4.9(G)(3),
"Four Corners Overlay District ", paragraph 4, "Multi - Family Dwelling Units ", of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby
amended to read as follows:
Section 4.4.9(G)(3)
(3) Four Corners Overlay District: The following supplemental district regulations
apply to the Four Corners Overlay District, as defined in Section 4.5.14.
(a) The permitted uses shall be those uses listed in Sections 4.4.9(B)(1,2,4,5).
(b) The accessory uses shall be those uses listed in Section (C).
(c) The conditional uses shall be those uses listed in Sections (D)(1,3,4,10,12,15, 20
and 21).
(d) Standards Pertaining to Allocation of Uses:
1. Office uses can encompass up to one hundred percent (100 %) of the total
building square footage within a Four Corners Overlay master development
plan.
ORD. NO. 47 -11
2. Retail uses shall not encompass more than one hundred percent (100 %) of
the total building area square footage of the Four Corners Overlay master
development plan.
3. Hotels, motels, and residential all suite lodging shall not encompass more
than 20% of the total building area square footage of the Four Corners
Overlay master development plan. Notwithstanding the above, hotels,
motels and residential all suite lodging can comprise 100% of the floor area
of an individual building within a MDP containing multiple buildings.
4. Multi -family Dwelling Units: Multi - family uses and assisted living
facilities, but excluding duplexes subject to (a)(b)(c)(d)(e) below, ranging in
density not to exceed 30 units per acre subject to the following:
a. Residential units may comprise 75% of the total floor area of the
development master plan at a maximum density of (30) units per
acre and only when proposed as part of a mixed -use development
containing office and/or commercial uses.
b. Residential developments must include a minimum of 20%
workforce units consisting of moderate income workforce units as
defined by Article 4.7 Family/Workforce Housing.
C. Workforce units shall be subject to general provisions of Article
4.7.6, 4.7.7, 4.7.8, 4.7.9, and 4.7.10.
d. For mixed -use developments, the shared parking provisions of LDR
Section 4.6.9. (C)(8) shall be allowed.
e. All residential developments shall be subject to the Performance
Standards of 4.4.13(1)(2)
Section 6. That Section 4.4.12, "Planned Commercial (PC) District ", subsection (G),
"Supplemental District Regulations ", of the Land Development Regulations of the Code of Ordinances 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
(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
ORD. NO. 47-11
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 and assisted living facilities with densities of up to 16
units per acre -is are 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, and based upon the
development's conformance with the applicable standards and criteria described within the adopted
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 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, assisted living facilities and mixed -use development with residential
densities up to 22 units per acres are allowed as a conditional use, subject to the provisions of LDR
Section 4.4.6 RM (Medium Density Residential) Zoning District, subsection (1), 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.
Section 7. That Section 4.4.13, "Central Business (CBD) District ", subsection (D),
"Conditional Uses and Structures Allowed ", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
Section 4.4.13 Central Business (CBD) District:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the CBD District:
(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.
(2) Child care and adult day care.
(3) Financial institutions, e.g., banks and similar institutions including drive through
facilities pursuant to restrictions set forth in Section 4.4.13(H)(1).
ORD. NO. 47 -11
(4) , Funeral homes including accessory uses, such as, a chapel, crematory, and the like.
(5) Gasoline stations or the dispensing of gasoline directly into vehicles, except that
such use shall not'be allowed in the West Atlantic Neighborhood, the Beach District, nor on lots which
front along Atlantic Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way), beginning at a point 105'
south of N.E. 4th Street.
(6) Recreational establishments such as bowling alleys, gymnasiums, health spas,
miniature golf courses, skating rinks.
(7) : Veterinary clinics.
(8) Movie theaters, excluding drive -ins.
(9) Playhouses, dinner theaters, and places of assembly for commercial entertainment
purposes (e.g., concerts, live performances).
(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 minimum lot area of 20,000 sq.ft.
(12) Multi- family dwelling units, including residential licensed service provider
facilities and assisted living 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(1).
(13) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions
set forth in Section 4.3.3(1).
(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 property located within the West Atlantic
Neighborhood.
(16) Hotels, motels, 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 and assisted living 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
(19) Live/Work Unit, subject to Section 4.3.3 (KKK).
9 ORD. NO. 47 -11
(20) Large Family Child Care Home subject to Section 4.3.3(TT).
(21) Segway Tours and Segway Sales pursuant to restrictions set forth in Section
4.3.3(ZZZZ).
Section 8. That Section 4.4.28, "Central Business District - Railroad Corridor (CBD -RC) ",
subsection (D), "Conditional Uses and Structures Allowed ", of the Land Development Regulations of the
Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as
follows:
Section 4.4.28 Central Business District - Railroad Corridor (CBD -RC)
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the CBD -RC zoning district:
(1) All uses allowed as such within the CBD [Section 4.4.13(D) ].
(2) Automobile repair and automobile detailing. However, such facilities may not be
located north of S.E. 1st Street or south of S.E. 6th Street, extended. Conditional use approval may not be
granted for a new automobile repair facility, nor for the expansion of an existing facility, unless it is
specifically demonstrated that off - street parking is available in accordance with the requirements of
Section 4.6.9.
(3) Food preparation and/or processing, including but not limited to bakeries and
catering operations.
(4) Dry cleaning processing plants.
(5) ` Multi - family dwelling units. and assisted living facilities, but excluding duplexes,
at a density greater than thirty (30) units per acre, in the area located west of the FEC Railroad, north of
N.E. 2nd Street and south of N.E. 3rd Street, subject to the standards and limitations of LDR Section
4.4.13 (1). In addition, development must be consistent with the Design Guidelines contained within the
Pineapple Grove Main Street Neighborhood Plan. The Pineapple Grove Design Review Committee shall
review the project for consistency with the Performance Standards and compliance with the Pineapple
Grove Neighborhood Plan prior to consideration of the Conditional Use by the Planning and Zoning
Board.
Section 9.. 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.
10 ORD. NO. 47 -11
Section 10. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 11., That this ordinance shall become effective immediately upon its passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the 3Ta
day of January, 2012.
ATTEST
City Clerk
First Reading --�ecem 6w n, i
Second Reading
"L-
MA&VOR
11 ORD. NO. 47 -11
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: December 14, 2011
SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF JANUARY 3, 2012
ORDINANCE NO. 47-11 (SECOND READING /SECOND PUBLIC HEARING)
ITEM BEFORE COMMISSION
Page 1 of 1
This ordinance is before Commission for second reading and public hearing City - initiated amendment
to the Land Development Regulations (LDR) Sections 4.4.6 "Medium Density Residential (RM)
District ", 4.4.9 "General Commercial (GC) district ", 4.4.12 Planned Commercial (PC) District, 4.4.13
"Central Business (CBD) District" and Section 4.4.28 Central Business District — Railroad Corridor, in
order to provide that assisted living facilities will be allowed in the same manner as multiple family
residential developments with respect to the number of units and density.
BACKGROUND
At the first reading on December 13, 2011, the Commission passed Ordinance No. 47 -11.
RECOMMENDATION
Recommend approval of Ordinance No. 47 -11 on second and final reading.
http: // agendas. mydelraybeach .comBluesheet.aspx ?ItemlD = 5226 &MeetingID =340 1/3/2012
ORDINANCE NO. 47-11
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS, BY AMENDING SECTION 4.4.6,
"MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT,
SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES
ALLOWED ", SECTION 4.4.9, "GENERAL COMMERCIAL (GC)
DISTRICT ", SUBSECTION (B), "PRINCIPAL USES AND
STRUCTURES PERMITTED ", SECTION 4.4.9, "GENERAL
COMMERCIAL (GC) DISTRICT ", SUBSECTION (G)(3)(4), "MULTI-
FAMILY DWELLING UNITS ", SECTION 4.4.12, "PLANNED
COMMERCIAL (PC) DISTRICT ", SUBSECTION (G),
"SUPPLEMENTAL DISTRICT REGULATIONS ", SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT ", SUBSECTION (D),
"CONDITIONAL USES AND STRUCTURES ALLOWED ",
SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT - RAILROAD
CORRIDOR (CBD -RC) ", SUBSECTION (D), "CONDITIONAL USES
AND STRUCTURES ALLOWED, TO ADD ASSISTED LIVING
FACILITIES TO THE LIST OF ALLOWED USES IN THE SAME
MANNER AS MULTIPLE FAMILY RESIDENTIAL USES IN
ORDER TO BRING CONSISTENCY BETWEEN THE LAND
DEVELOPMENT REGULATIONS AND STATE AND FEDERAL
LAWS, 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 November 21, 2011, and voted 6 to 1 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.4.6, "Medium Density Residential (RM) District ",
subsection (D), "Conditional Uses and Structures Allowed ", of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is
hereby amended to read as follows:
Section 4.4.6. Medium Density Residential (RM) District:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the RM District.
(1) Child care and adult day care.
(2) Private educational facilities subject to the restrictions set forth in Section
4.3.3 (HHH).
(3) 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.
(4) The use of common recreational facilities such as swimming pools, tennis courts,
and golf courses (associated with a subdivision) for club or commercial purposes.
(5) Single family detached residences in zero lot developments.
(6) Yacht club with facilities.
(7) Dock master facilities when associated with a multi - family development which has
a marina.
(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 AIA, or (b) south of Casurina Road, north of Bucida road, and east of State Road AIA.
(9) Multiple family residential development, including residential licensed service
provider facilities and assisted living facilities, may exceed twelve (12) units per acre, up to a maximum
2 ORD. NO. 47 -11
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(1), 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.
(10) Multiple family residential development, including residential licensed service
provider facilities and assisted living facilities, may exceed twelve (12) units per acre, up to a maximum
of twenty -four (24) units per acre within the Carver Estates Overlay District 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.
Section 3. That Section 4.4.9, "General Commercial (GC) District ", subsection (B), "Principal
Uses and Structures Permitted ", of the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
Section 4.4.9 General Commercial (GC) District:
(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, toys, wearing apparel and accessories, appliances,
bicycles, business machines, jewelry.
(2) Business, Professional, and Medical uses including, but not limited to:
3 ORD. NO. 47 -11
(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). With the exception of bicycles with an electric- helper motor as defined
in Section 72.02, Delray Beach Code of Ordinances, all rented sporting goods must be
non - motorized.
(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 and assisted
living 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
4 ORD. NO. 47 -11
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).
Section 4. That Section 4.4.9, "General Commercial (GC) District ", subsection (D),
"Conditional Uses and Structures Allowed ", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
(D) Conditional Uses and Structures Allowed: The following are allowed as conditional
uses within the GC District, except as modified in the North Federal Highway Overlay District by Section
4.4.9(G)(2) and except as modified in the Four Corners Overlay District by Section 4.4.9(G)(3)(c).
(1) Amusement game facilities.
(2) Wash establishments or facilities for vehicles.
(3) Child Care and Adult Day Care.
(4) Clubs and Lodges; social, fraternal, and recreational not exceeding 3,500 sq. ft. of
gross floor area.
(5) Drive -in Theaters.
(6) Flea Markets, bazaars, merchandise marts, and similar retail uses.
(7) Funeral Homes.
(8) Gasoline Stations or the dispensing of gasoline directly into vehicles.
(9) Hotels and Motels.
(10) 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.
(12) Sales and service of All Terrain Vehicles and personal watercraft (waverunners, _jet
skis), with no outside display, outside storage or outside service.
(13) 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.
5 ORD. NO. 47 -1
(15) (Group Home, Type 2 and Community Residential Homes, pursuant to restrictions
set forth in Section 4.3.3(1).
(16) Adult Gaming Centers.
(17) 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 and assisted living 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.
(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.
(20) Large Family Child Care Home, subject to Section 4.3.3(TT).
Section 5. That Section 4.4.9, "General Commercial (GC) District ", subsection 4.4.9(G)(3),
"Four Corners Overlay District ", paragraph 4, "Multi- Family Dwelling Units ", of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby
amended to read as follows:
Section 4.4.9(G)(3)
(3) Four Corners Overlay District: The following supplemental district regulations
apply to the Four Corners Overlay District, as defined in Section 4.5.14.
(a) The permitted uses shall be those uses listed in Sections 4.4.9(B)(1,2,4,5).
(b) The accessory uses shall be those uses listed in Section (C).
(c) The conditional uses shall be those uses listed in Sections (D)(1,3,4,10,12,15, 20
and 21).
(d) Standards Pertaining to Allocation of Uses:
1. Office uses can encompass up to one hundred percent (100 %) of the total
building square footage within a Four Corners Overlay master development
plan.
ORD. NO. 47 -11
2. Retail uses shall not encompass more than one hundred percent (100 %) of
the total building area square footage of the Four Corners Overlay master
development plan.
3. Hotels, motels, and residential all suite lodging shall not encompass more
than 20% of the total building area square footage of the Four Corners
Overlay master development plan. Notwithstanding the above, hotels,
motels and residential all suite lodging can comprise 100% of the floor area
of an individual building within a MDP containing multiple buildings.
4. Multi - family Dwelling Units: Multi- family uses and assisted living
facilities, but excluding duplexes subject to (a)(b)(c)(d)(e) below, ranging in
density not to exceed 30 units per acre subject to the following:
a. Residential units may comprise 75% of the total floor area of the
development master plan at a maximum density of (30) units per
acre and only when proposed as part of a mixed -use development
containing office and /or commercial uses.
b. Residential developments must include a minimum of 20%
workforce units consisting of moderate income workforce units as
defined by Article 4.7 Family /Workforce Housing.
C. Workforce units shall be subject to general provisions of Article
4.7.6, 4.7.7, 4.7.8, 4.7.9, and 4.7.10.
d. For mixed -use developments, the shared parking provisions of LDR
Section 4.6.9. (C)(8) shall be allowed.
e. All residential developments shall be subject to the Performance
Standards of 4.4.13(1)(2)
Section 6. That Section 4.4.12, "Planned Commercial (PC) District ", subsection (G),
"Supplemental District Regulations ", of the Land Development Regulations of the Code of Ordinances 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
(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
ORD. NO. 47 -11
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 and assisted living facilities with densities of up to 16
units per acres are 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, and based upon the
development's conformance with the applicable standards and criteria described within the adopted
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 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, assisted living facilities and mixed -use development with residential
densities up to 22 units per acre -is are 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.
Section 7. That Section 4.4.13, "Central Business (CBD) District ", subsection (D),
"Conditional Uses and Structures Allowed ", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
Section 4.4.13 Central Business (CBD) District:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the CBD District:
(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.
(2) Child care and adult day care.
(3) Financial institutions, e.g., banks and similar institutions including drive through
facilities pursuant to restrictions set forth in Section 4.4.13(H)(1).
ORD. NO. 47-11
(4) Funeral homes including accessory uses, such as, a chapel, crematory, and the like.
(5) Gasoline stations or the dispensing of gasoline directly into vehicles, except that
such use shall not be allowed in the West Atlantic Neighborhood, the Beach District, nor on lots which
front along Atlantic Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way), beginning at a point 105'
south of N.E. 4th Street.
(6) Recreational establishments such as bowling alleys, gymnasiums, health spas,
miniature golf courses, skating rinks.
(7) Veterinary clinics.
(8) Movie theaters, excluding drive -ins.
(9) Playhouses, dinner theaters, and places of assembly for commercial entertainment
purposes (e.g., concerts, live performances).
(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 minimum lot area of 20,000 sq.ft.
(12) Multi- family dwelling units, including residential licensed service provider
facilities and assisted living 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(1).
(13) Group Home, Type 2 and Community 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 property located within the West Atlantic
Neighborhood.
(16) Hotels, motels, 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 and assisted living 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
(19) Live /Work Unit, subject to Section 4.3.3 (KKK).
ORD. NO. 47-11
(20) Large Family Child Care Home subject to Section 4.3.3(TT).
(21) Segway Tours and Segway Sales pursuant to restrictions set forth in Section
4.3.3(ZZZZ).
Section 8. That Section 4.4.28, "Central Business District- Railroad Corridor (CBD -RC) ",
subsection (D), "Conditional Uses and Structures Allowed ", of the Land Development Regulations of the
Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as
follows:
Section 4.4.28 Central Business District - Railroad Corridor (CBD -RC)
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the CBD -RC zoning district:
(1) All uses allowed as such within the CBD [Section 4.4.13(D) ].
(2) Automobile repair and automobile detailing. However, such facilities may not be
located north of S.E. 1 st Street or south of S.E. 6th Street, extended. Conditional use approval may not be
granted for a new automobile repair facility, nor for the expansion of an existing facility, unless it is
specifically demonstrated that off - street parking is available in accordance with the requirements of
Section 4.6.9.
(3) Food preparation and/or processing, including but not limited to bakeries and
catering operations.
(4) Dry cleaning processing plants.
(5) Multi- family dwelling units; and assisted living facilities, but excluding duplexes,
at a density greater than thirty (30) units per acre, in the area located west of the FEC Railroad, north of
N.E. 2nd Street and south of N.E. 3rd Street, subject to the standards and limitations of LDR Section
4.4.13 (I). In addition, development must be consistent with the Design Guidelines contained within the
Pineapple Grove Main Street Neighborhood Plan. The Pineapple Grove Design Review Committee shall
review the project for consistency with the Performance Standards and compliance with the Pineapple
Grove Neighborhood Plan prior to consideration of the Conditional Use by the Planning and Zoning
Board.
Section 9. 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.
10 ORD. NO. 47-11
Section 10. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 11. That this ordinance shall become effective immediately upon its passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2012.
ATTEST
City Clerk
First Reading
Second Reading
MAYOR
ORD. NO. 47 -11
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Jasmin Allen, Planner
Paul Dorling, AICP, Director Planning and Zoning
THROUGH: City Manager
DATE: December 6, 2011
Page 1 of 2
SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF DECEMBER 13, 2011
ORDINANCE NO. 47-11 (FIRST READING/FIRST PUBLIC HEARING)
ITEM BEFORE COMMISSION
Consideration of a city - initiated amendment to the Land Development Regulations (LDRs) to add
assisted living facilities to the list of allowed uses in the same manner as multiple family residential uses
in order to bring consistency between the Land Development Regulations and State and Federal Laws.
BACKGROUND
Recently amendments to the Land Development Regulations have been adopted on April 15, 2008
(Ordinance 20 -08) and on January 19, 2010 (Ordinance 01 -10) to allow assisted living facilities to be
accommodated similarly (with respect to the number of residents and units) to either single family,
duplex, or multi - family uses in the zoning districts in which those uses were allowed. Subsequently it
was discovered that assisted living facilities were not accommodated in the same manner as other multi-
family residential uses under two certain situations where special regulations allowed increased
densities and in certain overlay districts where residential uses are permitted. Under the proposed
ordinance, additional provisions are made to allow assisted living facilities where increased densities
are permitted through the conditional use provisions and within certain overlay districts which allows
residential uses.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding
that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the
Comprehensive Plan. The proposed amendment will further Objective B -2 of the Housing Element. A
positive finding can be made that the amendment is consistent with and furthers the Goals, Objectives,
and Policies of the Comprehensive Plan.
REVIEW BY OTHERS
The Planning and Zoning Board recommended approval on a 6 to 1 vote (Gerry Franciosa dissenting) at
its November 21, 2011 meeting.
http: // agendas. mydelraybeach. com /Blueshect.aspx ?ltemID= 5193 &MeetingID=339 12/14/2011
Coversheet
RECOMMENDATION
Page 2 of 2
By motion, approve Ordinance No. 47 -11 on first reading for a City- initiated amendment to the Land
Development Regulations, by adopting the findings of fact and law contained in the staff report and
finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in
Section 2.4.5(M) of the Land Development Regulations.
Attachments:
- Proposed Ordinance No. 47 -11
- Planning and Zoning Staff Report of November 21, 2011
http: / /agendas.mydelraybeach. com/Bluesheet. aspx ?ItemID =5193 &MeetinglD =3 3 9 12/14/2011
PLANNING AND ZONING BOARD STAFF REPORT
MEETING DATE: NOVEMBER 21, 2011
AGENDA NO: IV.B
AGENDA ITEM: CONSIDERATION OF A CITY- INITIATED AMENDMENT TO LAND
DEVELOPMENT REGULATIONS SECTIONS 4.4.6 "MEDIUM DENSITY
RESIDENTIAL (RM) DISTRICT ", 4.4.9 "GENERAL COMMERCIAL (GC)
DISTRICT ", 4.4.12 PLANNED COMMERCIAL (PC) DISTRICT, 4.4.13
"CENTRAL BUSINESS (CBD) DISTRICT" AND SECTION 4.4.28
"CENTRAL BUSINESS DISTRICT — RAILROAD CORRIDOR (CBD -RC)
DISTRICT ", IN ORDER TO PROVIDE THAT ASSISTED LIVING
FACILITIES WILL BE ALLOWED IN THE SAME MANNER AS
MULTIPLE FAMILY RESIDENTIAL DEVELOPMENTS WITH RESPECT
TO THE NUMBER OF UNITS AND DENSITY
ITEM BEFORE THE BOARD
The item before the Board is to make a recommendation to the City Commission regarding a
City- initiated amendment to the Land Development Regulations pertaining to Assisted Living
Facilities.
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
On April 15, 2008, the City Commission adopted Ordinance 20 -08, pertaining to Assisted Living
Facilities and Continuing Care Facilities to comport with State Statues and achieve compliance
with the Federal Fair Housing Law. The Ordinance added Assisted Living Facilities and
Continuing Care Facilities to certain zoning districts in the same manner in which multiple - family
residential uses were allowed within those districts.
In order to achieve compliance with State Laws, a subsequent LDR text amendment was
adopted by the City Commission on January 19, 2010 (Ordinance 01 -10). This amendment
allowed assisted living facilities to be accommodated similarly (with respect to the number of
residents and units) to either single family, duplex, or multi - family uses in the zoning districts in
which those uses were allowed.
Recently, a public inquiry was received pertaining to the establishment of an assisted living
facility at the 5th Avenue at Delray property, located on the east side of NE 5th Avenue, between
NE 1St Street and NE 2nd Street. This property is located within the CBD and was developed at a
density in excess of 30 units per acre with a conditional use approval. Assisted living facilities
are allowed as a permitted use in the CBD (up to a maximum density of 30 units per acre)
however, they were not listed as conditional uses with densities in excess of 30 units per acre.
Planning and Zoning Board Staff Report, November 21, 2011
Amendment to LDRs Regarding Assisted Living Facilities
Page 2
It was subsequently discovered that assisted living facilities were not accommodated in the
same manner as other multi - family residential uses under two certain situations where special
regulations allowed increased densities and in certain overlay districts where residential uses
are permitted. Under the proposed ordinance, additional provisions are made to allow assisted
living facilities where increased densities are permitted through the conditional use provisions
and within certain overlay districts which allows residential uses.
Pursuant to LDR Appendix "A" Assisted Living Facilities" are defined as:
"Any building or buildings, section of building, or distinct part of a building, private home,
boarding home, home for the aged, or other residential facility, whether operated for profit or
not, which undertakes through its ownership or management to provide housing, meals, and
one or more personal services for a period exceeding 24 hours to one or more adults who are
not relatives of the owner or administration. "Personal services" means direct physical
assistance with or supervision of the activities of daily living and the self- administration of
medication and other similar services which the Department of Elderly Affairs may define by
rule. "Personal services" shall not be construed to mean the provision of medical, nursing,
dental, or mental health services. Assisted Living 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. Requests for exemptions to the number of residents can be
requested through a reasonable accommodation request pursuant to LDR Section 2.4.7(G)"
LDR SECTIONS AFFECTED BY THIS ORDINANCE:
The following overlay districts, Infill Workforce Housing Areas and Redevelopment Areas allow
for multiple family developments under certain criteria and do not allow assisted living facilities
under similar circumstances. This ordinance adds assisted living facilities to these districts and
areas to maintain consistency.
Section 4.4.6 "Medium Density Residential (RM) District:
➢ Within the RM district multiple family residential developments may exceed 12 units per
acre, up to a maximum of 24 units per acre within the Southwest Neighborhood Overlay
district and the Carver Estates Overlay district subject to approval of a conditional use and
the provisions of Section 4.4.6(1), Article 4.7 and conformance with the criteria setforth in
their respective re- development plan.
Section 4.4.9 "General Commercial (GC) District ":
Y Within the GC district multiple family residential developments may exceed 12 units per
acre, up to a maximum of 18 units per acre within the Infill Workforce Housing Area subject
to approval of a conditional use and the provisions of Section 4.4.6(1), Article 4.7 and
conformance with the requirements of the RM district except for setback and height
requirements (which shall be per the GC district standards).
Section 4.4.12 "Planned Commercial (PC) District ":
Within the PC district multiple family residential developments may exceed 12 units per acre,
up to a maximum of 18 units per acre within the Infill Workforce Housing Area subject to
approval of a conditional use and the provisions of Section 4.4.6(1), Article 4.7 and
Planning and Zoning Board Staff Report, November 21, 2011
Amendment to LDRs Regarding Assisted Living Facilities
Page 3
conformance with the requirements of the RM district except for setback and height
requirements (which shall be per the PC district standards).
Additionally, varying density increases are allowed for multiple family developments within
several overlay areas which would also be applicable to assisted living facilities.
(i) 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 Density Residential) Zoning District, subsection (1), Performance Standards,
and based upon the development's conformance with the applicable standards and criteria
described within the adopted Redevelopment Plan.
(ii) 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 (1), 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.
(iii) Within the "Four Corners Overlay District" of the PC district, multiple - family uses are
allowed not to exceed a density of 30 units per acre subject to the following:
a. Residential units may comprise 75% of the total floor area of the development master
plan at a maximum density of (30) units per acre and only when proposed as part of a
mixed -use development containing office and /or commercial uses.
b. Residential developments must include a minimum of 20% workforce units consisting of
moderate income workforce units as defined by Article 4.7 Family/Workforce Housing.
c. Workforce units shall be subject to general provisions of Article 4.7.6, 4.7.7, 4.7.8, 4.7.9,
and 4.7.10.
d. For mixed -use developments, the shared parking provisions of LDR Section 4.6.9.
(C)(8) shall be allowed.
e. All residential developments shall be subject to the Performance Standards of
4.4.13(1)(2)
Section 4.4.13 "Central Business District (CBD) District ":
Within the CBD district, multi - family dwelling units (excluding duplexes) are allowed as a
conditional use at a density greater than thirty (30) units per acre, on property located south
of N.E. 2nd Street and north of S.E. 2nd Street, subject to the standards and limitations of
Section 4.4.13(1). In addition, development within the Pineapple Grove Main Street Area
must be consistent with the Design Guidelines contained within the Pineapple Grove Main
Street Neighborhood Plan. The Pineapple Grove Design Review Committee shall review
the project for consistency with the Performance Standards and compliance with the
Pineapple Grove Neighborhood Plan prior to consideration of the Conditional Use by the
Planning and Zoning Board.
Additionally, for that area located with the West Atlantic Redevelopment Area, free standing
or mixed -use residential developments are allowed as a conditional use at a density greater
than twelve (12) units per acre, but not exceeding 30 units per acre, on property located
Planning and Zoning Board Staff Report, November 21, 2011
Amendment to LDRs Regarding Assisted Living Facilities
Page 4
within the West Atlantic Neighborhood, subject to the standards and limitations of Section
4.4.13(I).
Section 4.4.24 "Central Business District - Railroad Corridor (CBD -RC) District:
y Within the CBD -RC district, multi - family dwelling units (excluding duplexes) are allowed as a
conditional use at a density greater than thirty (30) units per acre, on property located south
of N.E. 2nd Street and north of S.E. 2nd Street, subject to the standards and limitations of
Section 4.4.13(1). In addition, development within the Pineapple Grove Main Street Area
must be consistent with the Design Guidelines contained within the Pineapple Grove Main
Street Neighborhood Plan. The Pineapple Grove Design Review Committee shall review
the project for consistency with the Performance Standards and compliance with the
Pineapple Grove Neighborhood Plan prior to consideration of the Conditional Use by the
Planning and Zoning Board.
As stated above, assisted living facilities are to be accommodated in the same manner as
multiple family residential uses.
REQUIRED FINDINGS
LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in
addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
Comprehensive Plan Policies:
The goals, objectives and policies of the Comprehensive Plan were reviewed and the following
applicable objective was noted:
Housing Element Objective B -2 states, "Redevelopment and the development of new land
shall result in the provision of a variety of housing types and other amenities (i.e. bike trails,
parks, sidewalks) to accommodate the diverse economic makeup of the City's demographic
profile, and meet the housing needs of all residents. Policies which will implement this objective
include:"
The proposed amendment will further this policy. A positive finding can be made that the
amendment is consistent with and furthers the Goals, Objectives, and Policies of the
Comprehensive.
REVIEW BY OTHERS
The Pineapple Grove Main Street committee reviewed the amendment at their November 2,
2011 meeting and recommended approval.
The Downtown Development Authority (DDA) reviewed the amendment at their November
15, 2011 meeting and recommended approval.
The West Atlantic Redevelopment Coalition (WARC) reviewed the amendment at their
November 15, 2011 meeting and recommended approval.
Planning and Zoning Board Staff Report, November 21, 2011
Amendment to LDRs Regarding Assisted Living Facilities
Page 5
The Community Redevelopment Agency (CRA) reviewed the amendment at their November
10, 2011 meeting and recommended approval.
Courtesy Notices:
Courtesy notices were provided to the following homeowner and civic associations:
• Neighborhood Advisory Council
• Delray Citizen's Coalition
Letters of objection and support, if any, will be provided at the Planning and Zoning Board
meeting.
ASSESSMENT AND CONCLUSION
The purpose of this City- initiated LDR text amendment is to bring consistency between the Land
Development Regulations and Florida Statues. Positive findings can be made with respect to
LDR Section 2.4.5(M)(5).
RECOMMENDED ACTION
Move a recommendation of approval to the City Commission for a city- initiated amendment to
Land Development Regulations as reflected in the attached Ordinance, by adopting the findings
of fact and law contained in the Staff Report and finding that the request is consistent with the
Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5).
Attachment: Proposed Ordinance
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AMENDMENT TO THE
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'DEVELOPMERRE ou 1
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The City Commission of the City of Delroy'Beach, Florida,
proposes, to adopt the following ordinance:
AN
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Commission —;–, will con
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2S THE PALM BEACH POST WEDNESDAY,.DECEMBER 28; 201'1