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Ord 70-04 ("' ~~ ORDINANCE NO. 70-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.9 (D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO ALLOW CHURCHES, OR PLACES OF WORSHIP, AND THEIR ATTENDANT FACILITIES AS A CONDITIONAL USE AS WELL AS PROVIDING A MAXIMUM SIZE FOR CHURCHES OR PLACES OF WORSHIP, CLUBS AND LODGES; AMENDING SECTION 4.4.9 (H), "SPECIAL REGULATIONS", PROVIDING FOR A MINIMUM SEPARATION BETWEEN SUCH USES FOR BOTH CHURCHES OR PLACES OF WORSHIP, CLUBS AND LODGES; AMENDING SECTION 4.4.12(H) "SPECIAL REGULATIONS" PROVIDING FOR A MINIMUM SEPARATION BETWEEN SUCH USES FOR BOTH CHURCHES OR PLACES OF WORSHIP, CLUBS AND LODGES AMENDING SECTION 4.4. 13(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO DELETE CLUBS AND LODGES AS A CONDITIONAL USE; 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 15, 2004, and voted 5 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.9, "General Commercial (GC) District", Subsection 4.4.9(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 West Atlantic Avenue Overlay District by Section 4.4.9(G)(1) and the North Federal Highway Overlay District by Section 4.4. 9 (G) (2). (1) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). (2) Amusement game facilities limited to such uses as pinball, air hockey, electronic games, and other similar coin operated games when an attendant is on duty. (3) Wash establishments or facilities for vehicles. (4) Child Care and Adult Day Care. (5) Clubs and Lodges; social, fraternal, and recreational not exceeding 3.500 sq. ft. of gross floor area. (6) Drive-in Theaters. \l) Flea Markets, bazaars, merchandise marts, and similar retail uses. (8) Funeral Homes. (9) Gasoline Stations or the dispensing of gasoline directly into vehicles. (10) Hotels and Motels. (11) Free-standing multiple-family housing subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to this Section. (12) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. (13) Sales and service of All Terrain Vehicles and personal watercraft (waverunners, jet skis), with no outside display, outside storage or outside service. (14) 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. 2 ORDINANCE NO. 70-04 r" ~" (15) Veterinary Clinics. (16) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(1). (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. Section 3. That Section 4.4.9, "General Commercial (GC) District", Subsection 4.4.9(H) "Special 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: (H) Special Regulations: (1) The first ten feet of the front yard setback which is adjacent to a right-of-way shall be a landscaped area, except within the North Federal Highway Area as defined in 4.4.9(F)(2), which is subject to the special landscape setbacks of Section 4.3.4(H)(b). Within the required front landscape area, no paving shall be allowed except for driveways and walkways which shall be generally perpendicular to the property line. (2) Any outdoor display of sporting goods and equipment for rent is subject to the restrictions set forth in Section 4.6.6(C)(3). (3) Astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers are limited to the geographical areas along N.E. and S.E. 5th and 6th Avenues (Federal Highway pairs), between S.E. 10th Street and S.E. 3rd Street, and between N.E. 4th Street and N.E. 7th Street, and shall be limited to no more than one of each business every three hundred feet (300'), measured in a straight line from lot line to lot line. (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). (5) No Clubs and Lodges (social. fraternal and recreational) or Church or Places of Worship shall be located closer than seven hundred and fifty Ç/50) feet from another such facility measured from lot line to lot line boundary along a straight airline route. Section 4. That Section 4.4.12, "Planned Commercial" (PC) District", Subsection 4.4.12(H) "Special 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: (H) Special Regulations: 3 ORDINANCE NO. 70-04 ( ", /'''' (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(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 Ç/50) feet from another such facility measured from lot line to lot line boundary along a straight airline route. Section 5. That Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD District: (1) Adult congregate living facilities. (2) Residential Licensed Service Provider Facilities, subject to restrictions set forth in Section 4.3.3(D). (3) Amusement game facilities limited to such uses as pinball, au hockey, electronic games, and other similar coin operated games when an attendant is on duty. (4) Child care and adult day care. (5) Cæb3 aad loège3; social, &atemM, aad reereatioaM. (~) through facilities. Financial institutions, e.g., banks and similar institutions including drive (2) Funeral homes including accessory uses, such as, a chapel, crematory, and the like. 4 ORDINANCE NO. 70-04 ," ~~ ø Gasoline stations or the dispensing of gasoline directly into vehicles, except that such use shall not be 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), begÍnning at a point 105' south ofN.E. 4th Street. (~) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. (2) Veterinary clinics. .(1.Q) Movie theaters, excluding drive-ins. .(11) Playhouses, dinner theaters, and places of assembly for commercial entertainment purposes (e.g., concerts, live performances). (12). Flea markets, bazaars, merchandise marts, and similar retail uses. (.1J) 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. (14) Multi-family dwelling units, excluding duplexes, at a density greater than thirty (30) units per acre, on property located south of N .E. 2nd Street and north of S.E. 2nd Street, subject to the standards and limitations of Section 4.4.13(I). ~) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(1). (16) 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). (17.) Drive-in or drive-through restaurants on property located within the West Atlantic Neighborhood. .(1ß) Hotels, motels, bed and breakfast inns, and residential-type inns on property located within the West Atlantic Neighborhood. (19) Free standing or mixed-use residential development at a density greater than twelve (12) units per acre, on property located within the West Atlantic Neighborhood, subject to the standards and limitations of Section 4.4.13(1). 5 ORDINANCE NO. 70-04 (" /'\ i II I Section 6. 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 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. 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 ~~. ~ ,200.5..... ATIEST ~? ~ ~~...S). ~~ City Clerk First Reading \~ \D \ C><\ Second Reading \ ~ \ \:t5 6 ORDINANCE NO. 70-04 MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CI'IY MANAGER tJi1 ¡ AGENDA ITEM # \()(' - REGULAR MEETING OF JANUARY 4.2005 ORDINANCE NO. 70-04 (AMENDING LDR SECTIONS 4.4.9. "GENERAL COMMERCIAL": 4.4.12. "PLANNED COMMERCIAL": AND 4.4.13. "CENTRAL BUSINESS DISTRICT") TO: SUBJECT: DATE: DECEMBER 30, 2004 This ordinance is before Commission for second reading and second public hearing for a City initiated amendment to Land Development Regulations (LDR) Sections 4.4.9, "General Commercial (GC) " , and 4.4.12, "Planned Commercial (pC)", to add churches, or places of worship, as a Conditional Use subject to certain regulations and providing similar regulations for clubs and lodges; and amending Section 4.4.13, "Central Business District (CBD)", to delete clubs and lodges as a Conditional Use. As churches or places of worship have been determined to be analogous to clubs and lodges (both assembly type uses that operate on an intermittent basis), under the "Religious Land Use and Institutionalized Persons Act of 2000" (RLUIP A), the "equal terms" provision of the law requires that "churches or places of worship" be accommodated in a manner similar to clubs and lodges which are currently allowed as Conditional Uses in the GC, PC, CBD, and CBD-RC zoning districts. The proposed text amendment adds churches or places of worship as a Conditional Use in the GC and PC zoning districts, deletes clubs and lodges from the CBD and CBD-RC zoning districts, provides floor area limitations (3,500 sq. ft.) and minimum separation limitations of 750 feet, airline route, from lot line to lot line boundary for both uses. The Planning and Zoning Board held a public hearing regarding this item. There was no public testimony. After discussing the amendment, the Board voted 5-0 to recommend to the City Commission approval of the proposed amendment to Land Development Regulations Sections 4.4.9, "General Commercial"; 4.4.12, "Planned Commercial"; and 4.4.13, "Central Business District", 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 criteria set forth in LDR Section 2.4.5(M) (Amendment to the Land Development Regulations). At the first reading on December 6, 2004, the City Commission passed the Ordinance No. 70-04. Recommend approval of Ordinance No. 70-04 on second and final reading. S:\City Clerk\agenda memos\Ord.70.04 Amending LDR regarding Churches as Conditional Uses.Ot.04.0S CITY COMMISSION DOCUMENTATION ~'--~;::~tI!Î~:' . - : 2tJO¡ d~ r-' '. '" fntI1 -" ··;"::"'I~'·'~r I FROM: SUBJECT: MANAGER TO: THRU: (f STEL 0, ACTING DIRECTOR OF PLANNING AND ZONING /. Ø~0 {ltÚ~ ~SMIN ALLEN, PLANNER EETING OF DECEMBER 6, 2004 CONSIDERATION OF A CITY-INITIATED AMENDMENT TO LDR SECTIONS 4.4.9 "GENERAL COMMERCIAL" AND 4.4.12 "PLANNED COMMERCIAL" TO ADD CHURCHES, OR PLACES OF WORSHIP, AS A CONDITIONAL USE SUBJECT TO CERTAIN REGULATIONS AND PROVIDING SIMILAR REGULATIONS FOR CLUBS AND LODGES AND AMENDING SECTION 4.4.13 "CENTRAL BUSINESS (CBD) DISTRICT" TO DELETE CLUBS AND LODGES AS A CONDITIONAL USE. BACKGROUND As churches or places of worship have been determined to be analogous to clubs and lodges (both assembly type uses that operate on an intermittent basis), under the "Religious Land Use and Institutionalized Persons Act of 2000" (RLUIPA), the "equal terms" provision of the law requires that "churches or places of worship" be accommodated in a manner similar to clubs and lodges which are currently allowed as conditional uses in the GC, PC, CBO and CBO-RC zoning districts. The proposed text amendment adds churches or places of worship as a conditional use in the GC and PC zoning districts, deletes clubs and lodges from the CBO and CBO-RC zoning districts, provides floor area limitations (3,500 sq. ft.) and minimum separation limitations of 750 feet airline route from lot line to lot line boundary for both uses. Pursuant to LOR Section 2.4.5(M)(5), approval of an LOR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. As indicated in the attached staff report, while the amendment does not fulfill a specific Goal, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them and accommodates the Federal regulations. Additional background and a detailed analysis of the text amendment are provided in the attached Planning and Zoning Board staff report of November 15,2004. PLANNING AND ZONING BOARD CONSIDERATION At its meeting of November 15, 2004, the Planning and Zoning Board held a public hearing regarding the proposed text amendment. There was no public testimony regarding the proposed amendment. Two ordinances were considered by the Board, the first proposal (Ordinance Exhibit "A") allowed churches or places of worship as conditional uses in the GC, PC, CBO and CBO-RC zoning districts subject to floor area restrictions and minimum distance separation requirements. The alternate ordinance (Ordinance Exhibit "B") allowed churches or places of worship as conditional uses in the GC and PC zoning districts, deleted clubs and lodges from the CBO and CBO-RC zoning districts and provided for floor area restrictions and minimum distance separation requirements as previously \0\\ City Commission Documentation Meeting of December 6, 2004 LDR Amendment - City-initiated text amendment regarding Churches or Places of Worship and Clubs and Lodges (Social Fraternal and Recreational) Page 2 indicated. As noted in the Planning and Zoning Board staff report, the deletion of clubs and lodges in the CBD and CBD-RC zoning districts would result in making the five (5) existing clubs and lodges non-conforming uses. It was noted that the proposed text amendments were reviewed by the Community Redevelopment Agency, the Downtown Development Agency, the West Atlantic Redevelopment Coalition and the Pineapple Grove Main Street which recommended approval of the alternate ordinance (Ordinance Exhibit "B"). After discussing the amendment, the Board voted 5-0 (Joe Pike left the meeting and Johnny Kincaide was absent) to recommend to the City Commission approval of the proposed alternate amendment (Ordinance Exhibit "B") 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 Section 2.4.5(M) of the Land Development Regulations. RECOMMENDED ACTION By motion, move to approve the amendment to LOR Sections 4.4.9, 4.4.12 and 4.4.13 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 Section 2.4.5(M) of the Land Development Regulations, with second reading to occur on January 4,2005. Attachment: Proposed Ordinance and Planning and Zoning Board Staff Report of November 15, 2004 ORDINANCE NO. 70-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 4.4.9(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO ALLOW CHURCHES, OR PLACES OF WORSHIP, AND THEIR ATTENDANT FACILITIES AS A CONDITIONAL USE AS WELL AS PROVIDING A MAXIMUM SIZE FOR CHURCHES OR PLACES OF WORSHIP, CLUBS AND LODGES; AMENDING SECTION 4.4.9(H), "SPECIAL REGULATIONS", PROVIDING FOR A MINIMUM SEPARATION BETWEEN SUCH USES FOR BOTH CHURCHES OR PLACES OF WORSHIP, CLUBS AND LODGES; AMENDING SECTION 4.4.12(H) "SPECIAL REGULATIONS" PROVIDING FOR A MINIMUM SEPARATION BETWEEN SUCH USES FOR BOTH CHURCHES OR PLACES OF WORSHIP, CLUBS AND LODGES AMENDING SECTION 4.4.13(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO DELETE CLUBS AND LODGES AS A CONDITIONAL USE; 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 15, 2004, and voted 5 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.9, "General Commercial (GC) District", Subsection 4.4.9(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 West Atlantic Avenue Overlay District by Section 4.4.9(G)(1) and the North Federal Highway Overlay District by Section 4.4.9(G)(2). (1) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). (2) Amusement game facilities limited to such uses as pinball, air hockey, electronic games, and other similar coin operated games when an attendant is on duty. (3) Wash establishments or facilities for vehicles. (4) Child Care and Adult Day Care. (5) Clubs and Lodges; social, fraternal, and recreational not exceedina 3,500 sa. ft. of aross floor area. (6) Drive-in Theaters. (7) Flea Markets, bazaars, merchandise marts, and similar retail uses. (8) Funeral Homes. (9) Gasoline Stations or the dispensing of gasoline directly into vehicles. (10) Hotels and Motels. (11) Free-standing multiple-family housing subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to this Section. (12) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. (13) Sales and service of All Terrain Vehicles and personal watercraft (waverunners, jet skis), with no outside display, outside storage or outside service. (14)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. (15)Veterinary Clinics. (16)Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(1). 2 (17) Churches or places of worship. and their attendant Sunday school. recreational and columbarium facilities not exceedina 3.500 sauare feet of cross floor area. The forecoinc does not allow establishment of educational and care uses such as elementary school and ceneral day care. Section 3. That Section 4.4.9, "General Commercial (GC) District", Subsection 4.4.9(H) "Special 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: (H) Special Reaulations: (1) The first ten feet of the front yard setback which is adjacent to a right-of-way shall be a landscaped area, except within the North Federal Highway Area as defined in 4.4.9(F)(2), which is subject to the special landscape setbacks of Section 4.3.4(H)(b). Within the required front landscape area, no paving shall be allowed except for driveways and walkways which shall be generally perpendicular to the property line. (2) Any outdoor display of sporting goods and equipment for rent is subject to the restrictions set forth in Section 4.6.6(C)(3). (3) Astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers are limited to the geographical areas along N.E. and S.E. 5th and 6th Avenues (Federal Highway pairs), between S.E. 10th Street and S.E. 3rd Street, and between N.E. 4th Street and N.E. 7th Street, and shall be limited to no more than one of each business every three hundred feet (300'), measured in a straight line from lot line to lot line. (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(W). (§) No Clubs and Lodces (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 alonc a straiaht airline route. Section 4. That Section 4.4.12, "Planned Commercial" (PC) District", Subsection 4.4.12(H) "Special 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: (H) Special Reaulations: (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 3 designation of "S" (Small Scale) to the PC designation (Le. 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 Lodaes (social. fraternal and recreational) or Church or Places of Worship shall be located closer than seven hundred and fifty (750) feet from another such facilitv measured from lot line to lot line boundary alona a straiaht airline route. Section 5. That Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(0), "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 uses are allowed as conditional uses within the CBD District: (1) Adult congregate living facilities. (2) Residential Licensed Service Provider Facilities, subject to restrictions set forth in Section 4.3.3(0). (3) 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. (4) Child care and adult day care. (5) Clubs and lodges; social, fr3torn31, 3nd rocro3tion31. (2) Financial institutions, e.g., banks and similar institutions including drive through facilities. (Q) Funeral homes including accessory uses, such as, a chapel, crematory, and the like. ill Gasoline stations or the dispensing of gasoline directly into vehicles, except that such use shall not be in the West Atlantic Neighborhood, the Beach District, nor on lots which front along Atlantic Avenue or N.E. 2nd Avenue (a/kIa Pineapple Grove Way), beginning at a point 105' south of N.E. 4th Street. 4 (!D Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. (ª) Veterinary clinics. (1Q) Movie theaters, excluding drive-ins. ill) Playhouses, dinner theaters, and places of assembly for commercial entertainment purposes (e.g., concerts, live performances). (12) Flea markets, bazaars, merchandise marts, and similar retail uses. (13) 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. (14) Multi-family dwelling units, excluding duplexes, at a density greater than thirty (30) units per acre, on property located south of N.E. 2nd Street and north of S.E. 2nd Street, subject to the standards and limitations of Section 4.4.13(I). (15) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(1). (16) 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). (11) Drive-in or drive-through restaurants on property located within the West Atlantic Neighborhood. (18) Hotels, motels, bed and breakfast inns, and residential-type inns on property located within the West Atlantic Neighborhood. (19) Free standing or mixed-use residential development at a density greater than twelve (12) units per acre, on property located within the West Atlantic Neighborhood, subject to the standards and limitations of Section 4.4.13(1). Section 6. 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 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 5 Section 8. 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 , 20o_. ATTEST MAYOR City Clerk First Reading Second Reading 6 t~?· "'~Þl~t~ïNí~G AND ZONING ~~ARD MEMORANDUM S~AFF _R~PORT MEETING DATE: NOVEMBER 15, 2004 AGENDA ITEM: IV.F AMENDMENT TO LDR SECTION 4.4.9 GENERAL COMMERCIAL, SECTION 4.4.12 PLANNED COMMERCIAL, SECTION 4.4.13 CENTRAL BUSINESS (CBD) DISTRICT AND SECTION 4.4.28 CENTRAL BUSINESS DISTRICT-RAILROAD CORRIDOR TO ADD CHURCHES, OR PLACES OF WORSHIP, AS A CONDITIONAL USE SUBJECT TO CERTAIN REGULATIONS AND PROVIDING SIMILAR REGULATIONS FOR CLUBS AND LODGES OR AS AN ALTERNATE AMEND SECTION 4.4.13 CENTRAL BUSINESS (CBD) DISTRICT TO DELETE CLUBS AND LODGES AS A CONDITIONAL USE AND ADD CHURCHES OR PLACES OF WORSHIP AS A CONDITIONAL USE IN THE GC (GENERAL COMMERCIAL) AND PC (PLANNED COMMERCIAL) DISTRICTS. -~....<-~..=--...._~~.... ...... '. . . ::.:;~~:t. ~~"~. ..::;~~>..~ ~.i:"~~t·::·..~:·. .... : .... '. ···ITEM ·BEFORE THE BOARD _ . '·11 The item before the Board is that of making a recommendation to the City Commission regarding two LOR amendments the first to Section 4.4.9 General Commercial (GC); Section 4.4.12 Planned Commercial (PC); Section 4.4.13 Central Business (CBD) District and Section 4.4.28 Central Business District-Railroad Corridor (CBD-RC) zoning districts "Conditional Uses and Structures Permitted", to add "Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational and columbarium facilities" as a conditional use subject to certain special regulations, pursuant to LOR Section 2.4.5(M). The second alternative amendment is to amend Section 4.4.13 (CBD) to delete clubs and lodges as a conditional use and to add churches or places of worship as a conditional use to Section 4.4.9 GC (General Commercial) and Section 4.4.12 PC (Planned Commercial) Districts. Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. . ... .",.,~ ...... ..- £:1''' .- .~r. I:';CIl~·:.. . .~.. .. -- -..... .. . - -- . '. .. "~".;I:_. - . _h ~'~'. ·.··£f·· .5.' .";>. .....:: .." ,.: ·BA·CKGROUND .1:~š:- I;. . ".". : . -. ~~: :::.: ....~. _.....~~:.~-:::.- '-.:p .. .. .. .- -." Prior to the adoption of the Land Development Regulations in 1990, "churches or places of worship" were allowed as a conditional use in all residential zoning districts [except the Mobile Home (MH) district]; and several office and commercial districts including the RO (Residential Office), POC (Planned Office Center), General Commercial (GC), Specialized Commercial (SC), Central Business District (CBD), Limited Commercial (LC) and the CF (Community Facility) districts. With the adoption of the Land Development Regulations in November 1990, "churches or places of worship" were eliminated as a conditional use in the Planned Residential Developments (PROs) districts; the commercial and office zoning districts; and, were Planning and Zoning Board Staff Report LOR Amendment Regarding Churches or Places of Worship and Clubs and Lodges (Social, Fraternal and Recreational) in the Commercial Zoning Districts Page 2 changed from a conditional use to a principal "permitted" use in the Community Facilities (CF) district. Currently, churches or places of worship are allowed as a conditional use in the R-1-A (Single Family Residential), RL (Low Density Residential) and RM (Medium Density Residential) zoning districts; and are allowed as a principal use "permitted" in the CF (Community Facilities) district. In January 2000, "The Religious Land Use and Institutionalized Persons Act of 2000" (RLUIPA) was adopted by the US Congress. The RLUIPA provides that... no government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on that person, assembly, or institution - (A) is in furtherance of a compelling governmental interest; and - (B) is the least restrictive means of furthering that compelling governmental interest. The RLUIPA further provides that.. ... (1) no government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution (Equal Terms). (2) no government shall impose or implement a land use regulation that discriminates against any assembly or institution on the basis of religion or religious denomination (Non-discrimination ). (3) no government shall impose or implement a land use regulation that (Exclusion and Limits) -- (A) totally excludes religious assemblies from a jurisdiction; or (B) unreasonably limits religious assemblies, institution, or structures within a jurisdiction. Presently, clubs and lodges (social, fraternal and recreational) which have been interpreted as non religious assembly are allowed as a conditional use within the GC, PC, CBD and CBD-RC zoning districts. However, churches or places of worship are not listed within any of those zoning districts. As churches or places of worship are analogous to clubs and lodges (both assembly type uses that operate on an intermittent basis), the "equal terms" provision of the law requires that "churches or places of worship" be accommodated in a manner similar to clubs and lodges. Recently, the Eleventh Circuit Court of Appeals (this Circuit governs Florida) ruled in April 2004 involving the Town of Surfside. In the case of Midrash Sephardi, Inc. and Young Israel of Bal Harbor, Inc. v Town of Surfside, the court held that the Town's restriction prohibiting the location of church's and synagogues in its downtown business district violated the RLUIPA. The court determined that the Town allowed private clubs and lodges, that were Planning and Zoning Board Staff Report LOR Amendment Regarding Churches or Places of Worship and Clubs and Lodges (Social. Fraternal and Recreational) in the Commercial Zoning Districts Page 3 relative to churches and synagogues, (while prohibiting churches and synagogues) to be located within the business district, thus violating RLUIPA's equal terms provision. The Town argued that by allowing churches or synagogues in its business district it eroded its tax base. The court, however, held that because private clubs and lodges were permitted uses and were analogous to churches, then the Town failed to treat the groups equally, and therefore the court could not apply strict scrutiny in reviewing the regulation. Given the above this amendment is being initiated to obtain consistency with the Federal Regulations. ~~~~~..,~·~=·~~~·.~~~:~~p·~_'~¥?Ci~~~!~D~~~t·~~~~i~I~~=~~~.==-- _ ~~~._~.:.- __~~] 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. While there is no specific Comprehensive Plan goal, objective or policy that is furthered by this amendment, the changes are necessary to meet the requirements of Federal Regulations. Historically, churches or places of worship because of their community oriented activities were primarily located within or in close proximity to residential areas. Additionally, some churches or places of worship often offer other community services such as child care and schools that are not generally appropriate in a commercial area. However, since clubs and lodges are currently allowed as a conditional use in the GC, PC, CBO and CBO-RC districts, the RLUIPA mandates that provisions be made for accommodating churches or places of worship in the same manner. The equal treatment can be accomplished either by adding churches to these districts, or deleting clubs and lodges, or a combination of both. Further, as there are concerns with accommodating churches or places of worship in a commercial setting reasonable regulations applying to both churches and clubs and lodges should be considered. The imposition of certain restrictions may not be without merit as noted above, in the case of Midrash Sephardi, Inc. and Young Israel of Bal Harbor, Inc. v Town of Surfside, the court held that in applying the strict scrutiny the court looked to see if the regulation "advances interests of the highest order and is narrowly tailored in pursuit of those interests". The court determined that the Town could have "enacted narrower ordinances that do not improperly distinguish between similar secular and religious assemblies". Due to their intermittent nature, churches and to some extent clubs and lodges are seen as 4'dead space" in the urban fabric of the downtown during normal retail hours. The location of churches and clubs and lodges within a commercial area provides a break in the retail activities which does not promote pedestrian activity. A large facility or the proliferation of smaller facilities within a limited area has the potential to overwhelm a commercial area or center and change the character of the area. Further, the uses significantly interrupt the Planning and Zoning Board Staff Report LDR Amendment Regarding Churches or Places of Worship and Clubs and Lodges (Social, Fraternal and Recreational) in the Commercial Zoning Districts Page 4 fabric of the commercial streetscape and pedestrian activity within the area. Given the above, it is reasonable to consider regulations which would limit the size of a facility and provide for minimum separation between uses. The CBO zone district would likely be the most impacted commercial district with the inclusion of these uses. The purpose and intent of the CBO zone district states "The Central Business Oistrict (CBO) zone district is established in order "to preserve and protect the cultural and historic aspect of downtown Oelray Beach and simultaneously provide for the stimulation and enhancement of the vitality and economic growth of this special area". In pursuit of maintaining the character of this commercial zoning district while adhering to the Federal mandates two proposals are brought forward: The first ordinance (Proposed Amendment Exhibit "A") would allow for the accommodation of Churches or Places of Worship as well as Club and Lodges (social, fraternal and recreational) as a conditional use within the GC, PC, CBO and CBO-RC zoning districts subject to certain special regulations. These regulations would place size restrictions, distance requirements between facilities in all commercial districts. Within the CBO and CBO- RC districts certain overlay districts would be created which would limit the locations within the CBO and CBO-RC for both churches and clubs and lodges. These uses would not be allowed fronting specific commercially orientated streets. The following is a detailed discussion of each: (1) Within the CBD zone district - "Clubs and Lodaes (social, fraternal and recreational) and Churches or Places of WorshiD and their attendant Sunday school, recreational and columbarium facilities shall not be allowed on Droperties within the West Atlantic Neiahborhood, the Beach Core District. one block north and south of East Atlantic Avenue in the Central Core, nor on NE ~d Avenue (Pineapple Grove Way) between Atlantic Avenue and NE 4th Street" (see attached location map): Location restrictions have historically been placed on certain types of uses which, while generally being accommodated in the district may not be appropriate in certain locations. There is a basis for considering restrictions on the location churches or places of worship (and conversely clubs and lodges) within the CBO. As stated above, in a commercial setting, due to their limited activity during normal retail hours, churches or places of worship create a break in the retail activities which do not promote pedestrian activity, necessary to sustain commercial vitality. While the proposed amendment would allow for the accommodation of churches or places of worship as well as clubs and lodges within certain areas of the CBO and CBO-RC, given the desire to encourage and maintain pedestrian and retail activities within the Oowntown area, limitations should be placed on the location of such facilities. (2) Churches or Places of Worship and Clubs and Lodaes not exceedina 3.500 SQuare feet of aross floor area: Within the commercial zoning districts a relatively small facility occupying a retail building would not significantly interrupt the fabric of the commercial streetscape and pedestrian activity within the area, thus the proposed amendment provides a size limitation of 3,500 square feet of total floor area devoted to such uses. Planning and Zoning Board Staff Report LDR Amendment Regarding Churches or Places of Worship and Clubs and Lodges (Social, Fraternal and Recreational) in the Commercial Zoning Districts Page 5 (3) No Clubs and Lodqes (social, fraternal and recreational) or Church or Places of Worship shall be located closer than seven hundred and fifty (750) feet from another such facilitv measured from lot line to lot line boundary alonq a straiqht airline route. The intent of this regulation is to prevent the proliferation of these uses within close proximity of each other or within a single shopping center. Another issue that is associated with the accommodation of churches in CBD is the ability given the limited land area, to accommodate required parking. Assembly type uses have a higher parking demand than normal retail uses. [LOR Section 4.6.9(C)(6)(c) and (d)] provides the parking requirement for churches and clubs and lodges (c) Churches: Shall provide one space for every three seats provided in the sanctuary. Additional parking is not required for other uses on the church property (e.g. Sunday School, Day Care, Preschool, etc.) when such uses are operated as a part of, under the auspices of, the Church. (d) Clubs and Lodaes: Shall provide 1 space for every four seats or 1 for every 50 sq. ft. of total floor area, whichever is greater. Exceptions to the above requirement are noted below for uses located within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 1 st Street on the north, the Intracoastal Waterway on the east and S.E. 1 st Street on the south, the parking requirements for all non-residential uses, except restaurants, shall be one space for each 300 square feet or fraction thereof. Both ordinances would not allow these uses within this area therefore this is not a concern. However, if these uses were to be considered it would be appropriate to require parking consistent with LOR Section 4.6.9 (Le. not allow an exception for these uses). Under the alternate proposal (Proposed Amendment Exhibit "B), Churches or Places of Worship would not be allowed within the Central Business (CBD) District or Central Business District-Railroad corridor (CBD-RC) zoning districts. Conversely, clubs and lodges would be deleted as a conditional use. Within the General Commercial (GC) and Planned Commercial (PC) zone districts churches or places of worship would be added as a conditional use and both uses (Le. churches and clubs/lodges) will be subject the floor area limitations and separation requirements noted above. The deletion of clubs and lodges from the CBD and CBD-RC zoning districts would result in making the five (5) existing clubs and lodges nonconforming uses. The table below and the attached map list the existing clubs and lodges and their location. Pursuant to LOR Section 1.3.5 these uses could continue as legal non-conforming uses as long as they did not cease operation for a continuous period of 180 days. However, as a nonconforming use they would be subject to limits on repairs and maintenance, provided that the interior repair work does not exceed 100/0 of the current replacement cost or exterior modifications do not exceed 15% of the current replacement costs as outlined in LOR Planning and Zoning Board Staff Report LOR Amendment Regarding Churches or Places of Worship and Clubs and Lodges (Social, Fraternal and Recreational) in the Commercial Zoning Districts Page 6 Section 1.3.6. These restrictions would not apply to individual historically listed properties, and contributing structures within historic districts. Zonin Districts CBD CBD-RC CBD CBD CBD Floor area 3,708 s . ft. 11 , 194 s . ft. 6,263 sq. ft. 3,713 s . ft. 3,416s . ft. A comparison of regulations of other jurisdictions was conducted: Churches or places of worship were primarily allowed either as a permitted use or a conditional use in the residential zoning districts. However, for the purposes of this amendment, focus was given on the whether the governmental entity allowed churches within its commercial districts. Palm Beach County: Churches or place of worship are allowed in the CN (Neighborhood Commercial), CLO (Commercial Limited Office) CC (Community Commercial), CHO (Commercial High Office), CG (General Commercial) and CRE (Commercial Recreational), Districts. Palm Beach County has the following special regulations for churches: A church or place of worship not exceeding 3,000 square feet of gross floor area or 150 seats shall be permitted in the CN, CC, TMD (Traditional Marketplace) and a commercial pod in a POD (Planned Development) or TOO (Traditional Development) district. City of Boca Raton: Churches and places of worship of God are allowed as a conditional use in Community Business (B2), General Business (B4) and Commercial District (C1) zoning districts. The City of Boca Raton does not have any special requirements for churches. City of West Palm Beach Churches, Synagogues, and other house of worship are allowed as permitted use in all commercial zoning districts. The City of West Palm Beach has the following special regulations for churches: 1. Minimum site dimensions: · Minimum site area: 20,000 square feet · Minimum lot width: 100 square feet 2. Minimum distances: Planning and Zoning Board Staff Report LOR Amendment Regarding Churches or Places of Worship and Clubs and Lodges (Social, Fraternal and Recreational) in the Commercial Zoning Districts Page 7 · All principal and accessory structures: 30 feet from any residential zoning district or 30 feet from a residential property line if located in a residential zoning district. · All parking, loading and vehicular circulation areas: 30 feet from any residential zoning district or 30 feet from a residential property line if located in a residential zoning district. 3. Maximum lot coverage: maximum lot coverage by all impervious surfaces shall not exceed 60 percent of total lot area. Citv of Bovnton Beach Churches and other places of worship with their attendant uses are allowed in the C-1 (Office and Professional District), C-2 (Neighborhood Commercial District),' C-3 (Community Commercial District), C-4 (General Commercial District), CBD (Central Business District). The City of Boynton has no special regulations for churches in the commercial zoning districts. Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no applicable goals, objectives or policies noted. As noted previously, this amendment is being initiated to be consistent with Federal regulations. While the amendment does not fulfill a specific Goal, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. -- ... .~.·-·:··~~RÉVlEVi~BY OTHERS·· .~.. --- i --. - -- . - - -- The proposed zoning text amendment was reviewed by the Community Redevelopment Agency, the Downtown Development Agency, Pineapple Grove Main Street and the West Atlantic Avenue Redevelopment Coalition. Downtown Development Authority (DDA): The proposed amendments were reviewed by the DDA on November 8, 2004. The Board recommended approval of Proposed Amendment Exhibit "B" which deletes clubs and lodges as a conditional use in the CBD and CBD-RC zoning districts and allows clubs and lodges and churches in the General Commercial (GC) and Planned Commercial (PC) zone districts subject the floor area limitations and separation requirements. Community Redevelopment Agency: The proposed amendments were reviewed by the CRA on November 11, 2004. The Board recommended approval of Proposed Amendment "Exhibit "B" which deletes clubs and lodges as a conditional use in the CBD and CBD-RC zoning districts and allows clubs and lodges and churches in the General Commercial (GC) and Planned Commercial (PC) zone districts subject the floor area limitations and separation requirements. Planning and Zoning Board Staff Report LOR Amendment Regarding Churches or Places of Worship and Clubs and Lodges (Social, Fraternal and Recreational) in the Commercial Zoning Districts Page 8 Pineapple Grove Main Street: The proposed amendment was reviewed by PGMS on November 8, 2004. The Board recommended approval of Proposed Amendment "Exhibit "B" which deletes clubs and lodges as a conditional use in the CBD and CBD-RC zoning districts and allows clubs and lodges and churches in the General Commercial (GC) and Planned Commercial (PC) zone districts subject the floor area limitations and separation requirements. West Atlantic Avenue Redevelopment Coalition (WARC): The proposed amendments were reviewed by W ARC on November 10, 2004. The Board recommended approval of Proposed Amendment "Exhibit "B" which deletes clubs and lodges as a conditional use in the CBD and C8D-RC zoning districts and allows clubs and lodges and churches in the General Commercial (GC) and Planned Commercial (PC) zone districts subject the floor area limitations and separation requirements. It is noted that one Board member (Zack Straghn) abstained from the vote. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: a PROD a Presidents Council a Chamber of Commerce a Masonic Lodge a Elks Club a Crossroads Club a American Legion Q VFW Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. ..- .--- -------. 1. Continue with direction. 2. Move to recommend to the City Commission approval of the attached amendment Exhibit "A" to the Land Development Regulations (LDRs) Sections 4.4.9, 4..4.12, 4.4.13 and 4.4.28 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 criteria set forth in Section 2.4.5(M) of the Land Development Regulations. 3. Move to recommend to the City Commission approval of the attached amendment Exhibit "8" to the Land Development Regulations (LDRs) Sections 4.4.9, 4.4.12, and 4.4.13 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 criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Planning and Zoning Board Staff Report LOR Amendment Regarding Churches or Places of Worship and Clubs and Lodges (Social, Fraternal and Recreational) in the Commercial Zoning Districts Page 9 4. Move to recommend to the City Commission denial of the attached amendment (Exhibit "A") to the Land Development Regulations (LDRs) Section 4.4.9, 4.4.12, 4.4.13, and 4.4.28 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 criteria set forth in Section 2.4.5(M) of the Land Development Regulations. 5. Move to recommend to the City Commission denial of the attached amendment (Exhibit "8") to the Land Development Regulations (LDRs) Section 4.4.9, 4.4.12, and 4.4.13, 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 criteria set forth in Section 2.4.5(M) of the Land Development Regulations. -. . "'-. .~] . .. . .. .. --- .. ~=-.-.:.--- -~ By motion, recommend to the City Commission approval of the attached Exhibit "B" amendment to Land Development Regulations Sections 4.4.9, 4.4.12 and 4.4.13 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 criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachment: · Exhibit "A" - Proposed Amendment · Exhibit "S" - Proposed Amendment · Location Map Exhibit PROPOSED AMENDMENT EXHIBIT "A" ORDINANCE NO. 69.04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 4.4.9(0), "CONDITIONAL USES AND STRUCTURES ALLOWED" AND SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(0) "CONDITIONAL USES AND STRUCTURES. .ALLOWED" TO ALLOW CHURCHES, OR PLACES OF WORSHIP, AND THEIR ATTENDANT FACILITIES AS A CONDITIONAL USE AS WELL AS PROVIDING A MAXIMUM SIZE FOR CHURCHES, CLUBS AND LODGES; MODIFYING SECTION 4.4.13(H) PROVIDING A LIMITATION OF THE AREA WHERE CHURCHES OR PLACES OF WORSHIP, CLUBS AND LODGES ARE ALLOWED, AND AMENDING SECTION 4.4.9(H) AND SECTION 4.4.12(H) "SPECIAL REGULATIONS" PROVIDING FOR A MINIMUM SEPARATION BETWEEN SUCH USES FOR BOTH CHURCHES OR PLACES OF WORSHIP, CLUBS AND LODGES, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on , and voted _ to _ to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.9, "General Commercial (GC) District", Subsection 4.4.9(0), "Conditional Uses and Structures Allowed", and Subsection 4.4.9 (H) "Special 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: (D) Conditional Uses and Structures Allowed: The following are allowed as conditional uses within the GC District, except as modified in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1) and the North Federal Highway Ov~rlay District by Section 4.4.9(G)(2). (1) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(0). (2) Amusement game facilities limited to such uses as pinball, air hockey, electronic games, and other similar coin operated games when an attendant is on duty. (3) Wash establishments or facilities for vehicles. (4) Child Care and Adult Day Care. (5) Clubs and Lodges; social, fraternal, and recreational not exceedinq 3,500 sa. ft. of qross floor area. (6) (7) uses. (8) (9) vehicles. Drive-in Theaters. Flea Markets, bazaars, merchandise marts, and similar retail Funeral Homes. Gasoline Stations or the dispensing of gasoline directly into (10) Hotels and Motels. (11) Free-standing multiple-family housing subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to this Section. (12) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. (13) Sales and service of All Terrain Vehicles and personal watercraft (waverunners, jet skis), with no outside display, outside storage or outside service. (14 ) 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. (15)Veterinary Clinics. (16)Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(1). (17) Churches or places of worship. and their attendant Sunday school. recreational and columbarium facilities not exceedina 3.500 square feet of Qross floor area. The foreaoinQ does not allow establishment of educational and care uses such as elementary school and Qeneral day care. (H) Special Reaulations: (1 ) The first ten feet of the front yard setback which is adjacent to a right-of-way shall be a landscaped area, except within the North Federal Highway Area as defined in 4.4.9(F)(2), which is subject to the special landscape setbacks of Section 4.3.4(H)(b). Within the required front landscape area, no paving shall be allowed except for driveways and walkways which shall be generally perpendicular to the property line. (2) Any outdoor display of sporting goods and equipment for rent is subject to the restrictions set forth in Section 4.6.6(C)(3). (3) Astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers are limited to the geographical areas along N.E. and S.E. 5th and 6th Avenues (Federal Highway pairs), between S.E. 10th Street and S.E. 3rd Street, and between N.E. 4th Street and N.E. 7th Street, and shall be limited to no more than one of each business every three hundred feet (300'), measured in a straight line from lot line to lot line. (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). (Q) No Clubs and Lodaes (social. fraternal and recreational) or Church or Places of Worship shall be located closer than seven hundred and fifty (750) feet from another such facilitv measured from lot line to lot line boundary alonQ a straiQht airline route. Section 3. That Section 4.4.12, "Planned Commercial" (PC) District", Subsection 4.4.9(H) "Special 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: (H) Special Reaulations: (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 (Le. 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(VV). (3) No Clubs and Lodaes (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 alonQ a straiQht airline route. Section 4. That Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(0) "Conditional Uses and Structures Allowed", and Subsection 4.4.9(H) "Special 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 4.4.13 Central Business (CaD) District: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD District: (1 ) Adult congregate living facilities. (2) Residential Licensed Service Provider Facilities, subject to restrictions set forth in Section 4.3.3(0). (3) 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. (4) Child care and adult day care. (5) Clubs and lodges; social, fraternal, and recreational. (6) Financial institutions, e.g., banks and similar institutions including drive through facilities. (7) Funeral homes including accessory uses, such as, a chapel, crematory, and the like. (8) Gasoline stations or the dispensing of gasoline directly into vehicles, except that such use shall not be in the West Atlantic Neighborhood, the Beach District, nor on lots which front along Atlantic Avenue or N.E. 2nd Avenue (a/kla Pineapple Grove Way), beginning at a point 105' south of N.E. 4th Street. (9) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. (10) Veterinary clinics. (11) Movie theaters, excluding drive-ins. (12) Playhouses, dinner theaters, and places of assembly for commercial entertainment purposes (e.g., concerts, live performances). (13) Flea markets, bazaars, merchandise marts, and similar retail uses. (14) 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. (15) Multi-family dwelling units, excluding duplexes, at a density greater than thirty (30) units per acre, on property located south of N.E. 2nd Street and north of S.E. 2nd Street, subject to the standards and limitations of Section 4.4.13(I). (16) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(1). (17) 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). (18) Drive-in or drive-through restaurants on property located within the West Atlantic Neighborhood. (19) Hotels, motels, bed and breakfast inns, and residential-type inns on property located within the West Atlantic Neighborhood. (20) Free standing or mixed-use residential development at a density greater than twelve (12) units per acre, on property located within the West Atlantic Neighborhood, subject to the standards and limitations of Section 4.4.13(1). (21) Churches or places of worship. and their attendant Sunday school. recreational and columbarium facilities not exceedina 3.500 sauare feet of Qross floor area. The foreaoinQ does not allow establishment of educational and care uses such as elementarv school and Qeneral day care. (H) Special Regulations: (1) The sale of second hand material, other than verifiable antiques, shall not be allowed within businesses nor on properties which have an entry from and/or windows along and/or frontage on Atlantic Avenue or N.E. 2nd Avenue (a/kIa Pineapple Grove Way) between East Atlantic Avenue and N.E. 4th Street. (2) The sale of automotive parts, firearms, and lawn care equipment, shall not be allowed within the West Atlantic Neighborhood nor within businesses or on properties which have an entry from and/or windows along and/or frontage on East Atlantic Avenue or N.E. 2nd Avenue (a/kIa Pineapple Grove Way) between East Atlantic Avenue and N.E. 4th Street. (3) The picking-up, dropping-off, or otherwise transporting workers, assigned through an employment agency, from an assembly point in the CBD to the work site is prohibited, except within the West Atlantic Neighborhood area provided the structure involved does not have an entrance from and/or windows facing West Atlantic Avenue. (4) Within the West Atlantic Neighborhood, all permitted uses with drive-through facilities shall require conditional use approval. (5) Minimum floor area for multi-family residential dwelling units shall be as established for the Medium Density Residential (RM) zoning district in Section 4.3.4(K). (6) Multi-family dwelling units may be located in structures that are comprised of residential units only or in mixed-use buildings that contain a combination of residential and non-residential uses. However, where residential uses are located in structures having frontage on Atlantic Avenue.L...NW ISW 5th Avenue or N.E. 2nd Avenue (alkla Pineapple Grove Way), there must be nonresidential uses fronting the Avenue on the ground floor. (7) The rental of sporting goods and equipment shall be limited to no more than one business renting a specific category of item (i.e. bicycles, skates, etc.) every 300 feet measured in a straight line from door to door, and any outdoor displays are subject to the restrictions set forth in Section 4.6.6(C)(3). (8) 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). !ill Clubs and Lodaes: social. fraternal. and recreational and Churches or Places of Worship and their attendant Sunday school. recreational and columbarium facilities shall not be allowed on properties within the West Atlantic Neiahborhood District. the Beach Core District. one block north and south of East Atlantic Avenue in the Central Core District nor on NE 2nd Avenue (Pineapple Grove Way), between Atlantic Avenue and NE 4th Street. !1Q) No Clubs and Lodaes (social. fraternal or recreational) or Churches or Places of Worship shall be located closer tha seven hundred and fifty (750) feet from another such facility measured from lot line to lot line boundary alona a straiaht airline route. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200_" ATTEST MAYOR City Clerk First Reading Second Reading >\1 Z;;o 00 \I 00 Iv> CM ;;0 0 ~?ó :;:Ç1 ?ó~ M~ z;;o 8M ° \lr MC ;;om ~v> ~r MO 00 g v> >\1 Z;;o 00 \I 00 Iv> CM ;;00 ~?ó :;:Ç1 >~ ~~ \1;;0 MM ;;0 ~o ~E Mm OY' r o o g v> þ 0 I 1 rrI Cr r ^ roo VI m 5'>;0 \I g 1-1 Om m Ox ~ ~-I ~ (J)}> \I »~ 0 ~ 2m ... °z ... 00 n I~ I ~m ° Oz ;;0 I-I 0 v> VI m ;;0 (J) 0 > 0 VI p C m a I ~ > v> o Z n r o o g m > ~ ;;0 n > Z r rrI C) o z """ 0> lJ> PROPOSED AMENDMENT EXHIBIT "B" ORDINANCE NO. 70-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 4.4.9(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO ALLOW CHURCHES, OR PLACES OF WORSHIP, AND THEIR ATTENDANT FACILITIES AS A CONDITIONAL USE AS WELL AS PROVIDING A MAXIMUM SIZE FOR CHURCHES OR PLACES OF WORSHIP, CLUBS AND LODGES; AMENDING SECTION 4.4.13(0), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO DELETE CLUBS AND LODGE$ AS A CONDITIONAL USE; AND AMENDING SECTIONS 4.4.9(H) AND 4.4.12(H) "SPECIAL REGULATIONS" PROVIDING FOR A MINIMUM SEPARATION BETWEEN SUCH USES FOR BOTH CHURCHES OR PLACES OF WORSHIP, CLUBS AND LODGES 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 , and voted _ to _ to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.9, "General Commercial (GC) District", Subsection 4.4.9(0), "Conditional Uses and Structures Allowed", and Subsection 4.4.9 (H) "Special 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: (D) Conditional Uses and Structures Allowed: The following are allowed as conditional uses within the GC District, except as modified in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1) and the North Federal Highway Overlay District by Section 4.4.9(G)(2). (1) Residential licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(0). (2) Amusement game facilities limited to such uses as pinball, air hockey, electronic games, and other similar coin operated games when an attendant is on duty. (3) Wash establishments or facilities for vehicles. (4) Child Care and Adult Day Care. (5) Clubs and Lodges; social, fraternal, and recreational not exceedina 3,500 SQ. ft. of aross floor area. (6) Drive-in Theaters. (7) Flea Markets, bazaars, merchandise marts, and similar retail uses. (8) Funeral Homes. (9) Gasoline Stations or the dispensing of gasoline directly into vehicles. (10) Hotels and Motels. (11) Free-standing multiple-family housing subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to this Section. (12) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. (13) Sales and service of All Terrain Vehicles and personal watercraft (waverunners, jet skis), with no outside display, outside storage or outside service. (14 )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. (15)Veterinary Clinics. (16)Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(1). (17) Churches or places of worship, and their attendant Sunday school. recreational and columbarium facilities not exceedinQ 3,500 square feet of qross floor area. The foreQoinQ does not allow establishment of educational and care uses such as elementary school and qeneral day care. (H) Special ReQulations: (1) The first ten feet of the front yard setback which is adjacent to a right-of-way shall be a landscaped area, except within the North Federal Highway Area as defined in 4.4.9(F)(2), which is subject to the special landscape setbacks of Section 4.3.4(H)(b). Within the required front landscape area, no paving shall be allowed except for driveways and walkways which shall be generally perpendicular to the property line. (2) Any outdoor display of sporting goods and equipment for rent is subject to the restrictions set forth in Section 4.6.6(C)(3). (3) Astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers are limited to the geographical areas along N.E. and S.E. 5th and 6th Avenues (Federal Highway pairs~, between S.E. 10th Street and S.E. 3rd Street, and between N.E. 4th Street and N.E. 7 h Street, and shall be limited to no more than one of each business every three hundred feet (300'), measured in a straight line from lot line to lot line. (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(W). (§l No Clubs and Lodaes (social. fraternal and recreational) or Church or Places of Worship shall be located closer than seven hundred and fifty (750) feet from another such facilitv measured from lot line to lot line boundary alonq a straiqht airline route. Section 3. That Section 4.4.12, "Planned Commercial" (PC) District", Subsection 4.4.9(H) "Special 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: (H) Special ReQulations: (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 LodQes (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 alono a straioht airline route. Section 4. That Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(0), "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 uses are allowed as conditional uses within the CaD District: (1 ) Adult congregate living facilities. (2) Residential Licensed Service Provider Facilities, subject to restrictions set forth in Section 4.3.3(0). (3) 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. (4) Child care and adult day care. (5) Clubs 3nd lodges; social, fr3ternal, 3nd recre3tion31. (§) Financial institutions, e.g., banks and similar institutions including drive through facilities. (Q) Funeral homes including accessory uses, such as, a chapel, crematory, and the like. ill Gasoline stations or the dispensing of gasoline directly into vehicles, except that such use shall not be in the West Atlantic Neighborhood, the Beach District, nor on lots which front along Atlantic Avenue or N.E. 2nd Avenue (a/kla Pineapple Grove Way), beginning at a point 105' south of N.E. 4th Street. <!!) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. (~) Veterinary clinics. !.1ill Movie theaters, excluding drive-ins. ill'> Playhouses, dinner theaters, and places of assembly for commercial entertainment purposes (e.g., concerts, live performances). (12) Flea markets, bazaars, merchandise marts, and similar retail uses. (13) 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. (14) Multi-family dwelling units, excluding duplexes, at a density greater than thirty (30) units per acre, on property located south of N.E. 2nd Street and north of S.E. 2nd Street, subject to the standards and limitations of Section 4.4.13(1). (15) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(1). (16) 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). (17) Drive-in or drive-through restaurants on property located within the West Atlantic Neighborhood. (18) Hotels, motels, bed and breakfast inns, and residential-type inns on property located within the West Atlantic Neighborhood. (19) Free standing or mixed-use residential development at a density greater than twelve (12) units per acre, on property located within the West Atlantic Neighborhood, subject to the standards and limitations of Section 4.4.13(1). Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. 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 , 20o_. ATTEST City Clerk First Reading Second Reading MAYOR - E i I . ~ ... M I I I I J f ~ , I 1 ê ¡ i CIa CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS AMEND- ING SEalON 4.4.9(D), uCONDlTIONAL USES AND STRuaURES ALLOWED", TO ALLOW CHURCHES, OR PLACES OF WORSHI~ AND THEIR AnENDANT FACILITIES AS A CONDI- TIONAL USE AS WELL AS PROVIDING A MAXIMUM SIZE FOR CHURCHES OR PLACES OF WORSHI~ CLUBS AND LODGES, PROVIDING FOR A MINIMUM SEPARATION BETWEEN SUCH USES AND DELETING CLUBS AND LODGES AS A CONDITIONAL USE IN CERTAIN AREAS The City Commission of the City of Delroy Beach, Florida, proposes 10 adopt the following ordinance: ORDINANCE NO. 70-04 AN ORDINANCE OF THE cnv COMMISSION OF THE CI1Y OF DElRAY BEAOI, FLORIDA, AMENDING THE lAND DEVELOPMENT REGUlATIONS OF CODE OF ORDINANCES, BY AMENDING SECnON 4.4.9(D), "CONDITION- AL USES AND STRUCTURES AllOWED", TO AllOW OIURCHES, OR PlACES OF WORSHIp, AND THEIR ATTENDANT FAOUTlES A$ A CONDmONAL USE A$ WELL A$ PROVIDING A MAXIMUM SIZE FOR OIURCHES OR PlACES OF WORSHIp, CLUBS AND LODGES; AMENDING SE010N 4.4.9(H), "SPECIAL REGUlATIONS", PROVIDING FOR A MINIMUM SEPARATION BETWEEN SUCH USES FOR BOTH CHURCHES OR PlACES OF WORSHIp, CLUBS AND lQlX;ES; AMENDING SE010N 4.4.12(H) "SPECIAL REGUlATIONS" PRO- VIDING FOR A MINIMUM SEPARATION BETWEEN SUCH USES FOR B01H CHURCHES OR PlACES OF WORSHIp, CLUBS AND LODGES AMENDING SECTION·4.4.13(D), "CONDITIONAL USES AND STRUCTURES AllOWED", TO DElETE CLUBS AND LQlX;ES A$ A COI\IDI110NAL USE; PROVIDING A SAVING ClAUSE, A GENERAl REPEALER ClAUSE, AND AN EFFECTIVE DATE. The City Commission will conduct two (2) Public Hearings for the purpose of ocœpting public testimony regarding the proposed ordinance. The Rrst Public Hearing will be held on MONDAY. DECEMBER 6. 2004. AT 7:00 p.M. in the Commission Chambers at Cily Hall, 100 N.W. 1 st Avenue, Delroy Beach, Florida. If the proposed ordinance is passed on Rrst reading, a second Public Hearing will be held on TUESDAY. JANUARY 4. 2005. AT 7:00 P.M. (or ct any continuation of such meeting which is set by the Commission). All interested citizens are invited to attend the public hearings and commeñt upon the proposed ordinance or šubmit their comments in writing on or before the date of these hearings to the Planning and Zoning Department. For further infor- mation or to obtain a copy of the proposed ordinance, please conled the Planning and Zoning Department, City Hall, 100 N.W. 1 st Avenue, Delroy Beach, Florida 33444 (email at pzmail@mydelrqybeach com) or by calling 561/243,7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. PlEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY 1HE CIlY COMMISSION WITH RESPECT TO ANY MATTER CON- SIDERED AT 1HESE HEARINGS, SUOl PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INaUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAl IS TO BE BASED. THE CI1Y DOES NOT PROVIDE NOR PREPARE SUO! RECORD PURSUANT TO F.S. 286.0105. 01Y OF DElRAY BEAOI CheYelIe D. Nubin Gty Clerk f- PUBUSH: Tuesday, NcMmber 23, 2004 lhursday, December 30, 2004 Boca Rolon/Delroy Beach News AdlNSll04204 '"' C' CClt O( tU\Vt~ L-- . . . · ,CITY OF DElRAYBEACH NOTICE OF PROPOSED AMENDMENT TO THE IAND'DMLOPMENT REGUlATIONS AMEND- ING SEatON 4.4.9(D), IICONDITIONAL USES AND STRuaURES ALLOWED", TO ALLOW CHURCHES, OR PlACES OF WORSHI~ AND THEIR AnENDANT FACILITIES AS A CONDI- TIONAL USE å$, WEL~.AS P~OYIQlNG A MAXIMUM SIZE FOR CHURCHES 'OR~PIACES OFWORSHI~ CLUBS AND LODGES, PROVIDING FOR A MINIMUM SEPARATION BETWEEN SUCH USES AND DELETING CLUBS AND LODGES AS A CONDITIONAL USE IN CERTAIN AREAS The City Commission of the City of Delray Beach, Florida¡ propt:>ses to adopt the following ordinance: ORDINANCE NO. 7CHM AN ORDINANCE OF lHE CIlY COMMISSION OF lHE CIlY OF DELRAY BEACH¡ FLORIDA, AMENDING lHE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES¡ BY AMENDING SECTION A.A.9(Dt ¡¡CONDmON- Al USES AND STRUCTURES AllOWED", TO AllOW CHURCHES, OR PLACES OF WORSHIp, AND lHEIR ATIENDANT FAClUTlES AS A CONDITIONAl USE AS WEll AS PROVIDING A MAXIMUM SIZE FOR CHURCHES OR PLACES OF WORSHIp, CLUBS AND lODGES; AMENDING SEŒON A.A.9(H}, ¡'SPEGAl REGULATlONS'¡¡ PROVIDING FOR A MINIMUM SEPARATION BETWEEN SUCH USES FOR BOlH CHURCHES OR PLACES OF WORSHIp, CLUBS AND lODGES; AMENDING SECTION 4.A.12(H} "SPECiAl REGULATIONS" PRO- VIDING FOR A MINIMUM SEPARATION BETWEEN SUCH USES FOR BOlH CHURCHES OR PLACES OF WORSHIp, CLUBS AND lODGES AMENDING SEŒON A.A.13(D), "CONDmONAl USES AND STRUCTURES AllOWED'¡, TO DELETE CLUBS AND lODGES AS A CONDmONAl USE; PROVIDING A SAVING CLAUSE, A GENERAl REPEALER CLAUSE¡ A"ID AN EFFEŒVE DATE. The City Commbsion will conduct two (2) Public Hearings for the purpose of accepting public testimony regarding the proposed ordinance. The first Public Hearing will be held on MONDAY. DECEMBER 6. 2004. AT 7:00 P.M. in the Commission Chambers at City Hall, 100 N.W. 1 st Avenue¡ Delroy Beach, Florida. If the proposed ordinance is passed on first reading¡ a second Public Hearing will be held on 1UESDAY. JANUARY 4. 2005. AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission). All interested citizens are invited to attend the public hearings and comment upon the proposed ordinance or submit their comments in writing on or before the date of these heQrings to the Planning and Zoning Department. For further infor- , motion or to obtain a copy of. the proposed ordinance¡ please contact the Planning and Zoning Department¡ City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (email at pzmail@mydelrqybeach.cóm1 or by calling 561/2.43-7040)¡ between the hours of 8:00 a.m. and 5:00 p.m.¡ Monday through Friday, exduding holidays. PLEASE BE ADVISED lHAT IF A PERSON DECIDES TO APPEAl Åt'N DECISION MADE BY lHE CIlY COt-.AMlSSlON WITH RESÆCT TO ANY MATIER CON- SIDERED AT lHESE HEARlNGS¡ SUCH PERSON MAY NEED TO ENSURElHAT A VERBATIM RECORD INCLUDES lHE TESTIMONY AND EVlDENCÈ UPON WI-IICH lHE APPEAl IS TO BE BASED. lHE CIlY DOES NOT PROVIDE NOR PREPARE SUCH RECORD PURSUANT TO F.S. 286.0105. CIlY OF DELRAY BEACH.. ' Chevelle D. Nubin City derk PUBUSH: Tuesday, November 23, 2004 Thursday, December 30¡ 200A Boca Raton/Delroy Beach News Ad#NSJ 104204 ~ ~:ì': ~.;' , ~~r If~ CD: ,t _~~_J CD' " :e. 'CI) , ,: . ¡:I, lR, ØJ I, ;< , z: o '< 'CD 3 f! N' ¡,; CD.. C&. c' m . C&. .. ØJ ' ~.. , z' 0- ~~ ' c:r . CD, ..., ~': N C). '~ .i..~ i:T ~ , ~:r CD-' S- . 8;:' . 3·, '