Ord 39-05
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ORDINANCE NO. 39-05
AN ORDINANCE OF THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CI1Y OF
DELRA Y BEACH, FLORIDA, BY AMENDING APPENDIX
"A", "DEFINITIONS", BY ENACTING A DEFINITION OF
"SENIOR HOUSING"; AMENDING SECTION 4.3.3,
"SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY
ENACTING A NEW SUBSECTION 4.3.3(11), "SENIOR
HOUSING", IN ORDER TO PROVIDE REGULATIONS FOR
SAME; AND AMENDING SECTION 4.4.21, "COMMUNI1Y
FACILITIES (CF) DISTRICT", SUBSECTION (D), í
I
í
"CONDITIONAL USES AND STRUCTURES ALLOWED", TO
PROVIDE FOR THE INCLUSION OF SENIOR HOUSING AS
A CONDITIONAL USE ALLOWED IN THE CF ZONING
DISTRICT; PROVIDING A SAVINGS 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 May 23, 2005 and voted 4 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 ftndings 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.
WHEREAS, the City Commission of the City of Delray Beach, desires to allow housing
facilities for low income seniors to exist within the City of Delray Beach; and
WHEREAS, the City Commission of the City of Delray Beach desires to provide zoning
criteria and regulations for this type of use within the City of Delray Beach in order to help promote
and ensure compatibility of this new use with other already existing uses within the City.
NOW THEREFORE, BE IT ORDAINED BY THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH AS FOLLOWS:
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Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Appendix "A", "Definitions", 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:
SENIOR HOUSING A facilit;y which is owned or operated by a public or
nonprofit agency. offering affordable housing for a period
exceeding 24 hours. accommodating between 6 and 30
residents 60 years of age or older unrelated to the owner or
administrator by blood or marriage. excluding the on-site
propert;y manager. The facili1;y shall not offer food. medical.
or personal services to the residents.
Section 3. That Section 4.3.3., "Special Requirements for Specific Uses",
Subsection 4.3.3(11), "Senior Housing" of the Land Development Regulations of the Code
of Ordinances of the City of Delray Beach, Florida, be and the same is hereby enacted to
read as follows:
(II) Senior Housing: See the definition of Senior Housing for clarification of
terms and qualifying standards.
1) Floor Area:
a) Rooms: The total floor area for each unit shall be a minimum of
400 square feet in area.
b) Common Area: At least 10% of the total floor area shall be
devoted to a common area. exclusive of halls. corridors. stairs.
and elevator shafts. wherein a variety of recreational or
therapeutic activities may occur.
2) Facilities and Requirements:
a) A sleeping room and separate bathroom facilities shall be
provided for an on-site propert;y manager who is required to
remain on the premises overnight.
b) Adult residents may utilize private medical care or personal
services while in residence and may not have a nurse in residence.
c) No more than two (2) residents shall be housed per unit.
2 ORD. NO. 39 -05
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d) Senior Housing located in any zoning district shall provide
outdoor amenities. landscaping. design features. and yard space to
serve the residents. Such features shall be reviewed and approved
concurrent with Conditional Use Approval.
e) The facility shall not provide non-recreational services such as
beautician. barber. tailor. seamstress. sale of convenience goods.
and entertainment.
f) Commercial rated cooking equipment may be permitted provided
such features shall be reviewed and approved concurrent with the
Conditional Use approval. Meals prepared from these equipments
shall only serve the residents.
g) The facility shall accommodate low to very-low income residents
60 years of ape or older.
3) Intensit;y: A minimum of 900 sq. ft. of lot area is required per bedroom.
4) Appearance: Senior Housing Facilities shall have building elevations
which are residential in character and similar in appearance to the
surrounding neighborhood and shall not be institutional in appearance as
determined by the Site Plan Review and Appearance Board or the
Historic Preservation Board.
5) Locational Factors:
a) Such use shall also be within a 600 foot radius of a mass transit
stop.
b) Such use shall not be located within a radius of 1.000 feet.
measured from parcel to parceL of another senior housing facility.
6) Parking Requirement: One (1) parking space shall be provided for each
sleeping room plus one (1) parking space shall be provided for an on-site
property manager.
7) Signaqe: Signaqe is limited to one (1) freestanding sign with a maximum
of eight (8) square feet in area and a maximum height of three (3) feet.
measured from finished grade to highest point.
Section 4. That Section 4.4.21, "Community Facilities (CF) District", Subsection
3 ORD. NO. 39 -05
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4.4.21 (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 CF District:
(1) Health Care, such as: adult congregate living; continuing care; homes for the
aged; nursing homes; residential Licensed Service Provider Facilities subject to restrictions set forth
in Section 4.3.3(D); hospitals, with or without helipads and associated laboratones, treatment
centers, rehabilitation centers, and tesung facilities; and mental health treatment facilities including
residential care.
(2) Private educational facilities pursuant to the regulations set forth in Section
4.3.3 (HHH), and vocational schools except for training or programs which can be conducted in
multipurpose buildings or offices (e.g. a dance school, real estate school, etc.) which may be located
in various commercial districts, pursuant to the regulations set forth in Section 4.3.3 (HHH).
(3) Services, such as: Community Residential Homes and Group Homes, Type
2, pursuant to restrictions set forth in Section 4.3.3(1)~ Senior Housing as set forth in Section 4.3.3
ID1
(4) Transportation, such as: bus stations, railway stations, taxi dispatch (more
than one taxi), and park and ride areas.
(5) Special Services and Facilities, such as: privately operated parking lots and
garages; stadiums and arenas; refuse transfer stations; resource recovery facilities, pursuant to
provisions of Section 4.3.3(Z); and power transfer stations.
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
I are hereby repealed.
Section 7. That this ordinance shall become effective immediately upon its passage on
second and fmal reading.
4 ORD. NO. 39 -05
i
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~ PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of ~~ ,2005.
~Rl~
ATTEST:
~\).~~~
City Clerk
First Reading \.0 \... \ D=,
...
Second Reading lo~05
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5 ORD. NO. 39 -05
MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CI1Y MANAGER~1
SUBJECT: AGENDA ITEM # \~" - REGULAR MEETING OF JUNE 21. 2005
ORDINANCE NO. 39-05 (SECOND READING/SECOND PUBLIC
HEARING
DATE: JUNE 17,2005
This ordinance is before Commission for second reading and second public hearing for a privately
initiated amendment to Land Development Regulations (LDR) , Section 4.4.21, "Community
Facilities (CF)", to add senior housing as a conditional use in the CF (Community Facilities) District;
amendmg Section 4.3.3, "Speclal Requirements for Specific Uses", to provide specific regulations for
"Senior Housing" and Appendix "A", "Definitions", to provide a definition for Seruor Housing.
The City received a privately initiated LDR text amendment from the Community Redevelopment
Agency (CRA) to allow Senior Housing facilities in the CF zoning district. The amendment also
provides for special requirements for that use and a definition of Seruor Housing. If approved, the
applicant is proposing to alter the historic La France Hotel and construct a 3,850 square foot two-
story addition to provide a Senior Housing Facility offering affordable housing units for residents 60
years of age and older. The Senior Housing Facility will contain 14 units, each of which will have a
kitchen and bathroom. The amendment addresses the need for affordable housing for the senior
residents of Delray Beach who cannot afford market rate housing at their current income level. The
CRA, who recendy purchased the property, has made a commitment to the community to preserve
the historic structure and adapt it for re-use.
The Planning and Zoning Board held a public hearing at its meeting of May 23, 2005. There was no
public testimony. After discussing the amendment, the Board voted 4-0 to recommend to the City
Commission approval of the proposed amendment, based upon posltive 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(J\.f) (Amendment to Land Development
Regulations) .
At the first reading on June 7, 2005, the City Commission passed Ordinance No. 39-05.
Recommend approval of Ordinance No. 39-05 on second and final reading.
S-\Clty Clerk\agenda memos\Ord 39-05 LDR 4 4.21 Seruor Housmg 062105
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I CITY COMMISSION DOCUMENTATION ~
TO: DA~ ...!1~TY MANAGER
THRU: PAl\j~ CTOR OF PLANNING AND ZONING
FROM: WAR ~ISTORIC PRESERVATION PLANNER
SUBJECT: MEETING OF JUNE 7, 2005
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION
4.4.21 "COMMUNITY FACILITIES (CF)" TO ADD SENIOR HOUSING AS A
CONDITIONAL USE IN THE CF (COMMUNITY FACILITIES) DISTRICT.
SECTION 4.3.3 "SPECIAL REQUIREMENTS FOR SPECIFIC USES" TO
PROVIDE SPECIFIC REGULATIONS FOR "SENIOR HOUSING" AND
APPENDIX A "DEFINITIONS" TO PROVIDE A DEFINITION FOR SENIOR
HOUSING
~ BACKGROUND I
The City has received a privately initiated LOR text amendment from the Community
Redevelopment Agency (CRA) to allow Senior Housing facilities in the CF zoning district. This
Amendment also provides for special requirements for that use and a definition of Senior
Housing. If approved, the applicant is proposing to alter the historic La France Hotel and
construct a 3,850 square foot two-story addition to provide a Senior Housing Facility offering
affordable housing units for residents of 60 years and older. The Senior Housing Facility will
contain 14 units, each of which will have a kitchen and bathroom. This would address a need for
affordable housing for the senior residents of Delray Beach who cannot afford market rate
housing at their current income level. The CRA, who recently purchased the property, has made
a commitment to the community to preserve the historic structure and adapt it for re-use.
r PLANNING AND ZONING BOARD CONSIDERATION I
The Planning and Zoning Board held a public hearing regarding this item at its meeting of May
23, 2005. After discussing the amendment, the Board voted 4-0 to recommend to the City
Commission approval of the proposed amendment to add Senior Housing as a conditional use
to the CF zoning district (LOR Section 4.4.21), add specific requirements for the use under LOR
Section 4.3.3 (Specific Requirements for Specific Uses) and add a definition for Senior Housing
(Appendix A).
I RECOMMENDED ACTION I
By motion, approve on first reading the ordinance amending Land Development Regulations
Section 4.4.21, Community Facilities, Section 4.3.3 "Special Requirements for Specific Uses"
and Appendix A. Definitions, based upon 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 Sections 2.4.5(M) of the Land Development Regulations and setting a public hearing
date of June 21, 2005.
Attachments: P&Z Board Staff Report of May 23, 2005 & Ordinance by Others
\OC-
II P~A_~NIN~ ~\~D Z~~ING ~C?_~RD..~_~MORAN~.UM. ~.TAF~f RE~ORi'-"]
MEETING DATE: MAY 16, 2005
AGENDA ITEM: IV.B. - AMENDMENT TO LDR SECTION 4.4.21 "COMMUNITY
FACILITIES (CF)" TO ADD SENIOR HOUSING AS A CONDITIONAL
USE IN THE CF (COMMUNITY FACILITIES) DISTRICT; SECTION
4.3.3 "SPECIAL REQUIREMENTS FOR SPECIFIC USES" TO
PROVIDE SPECIFIC REGULATIONS FOR "SENIOR HOUSING"
AND APPENDIX A "DEFINITIONS" TO PROVIDE A DEFINITION
FOR SENIOR HOUSING.
II ITEM BEFORE THE BOARD II
The item before the Board is a Privately Initiated Amendment to the Land Development
Regulations Section 4.4.21 "Community Facilities (CF)" to add Senior Housing as a
Conditional Use in the CF (Community Facilities) District; Section 4.3.3 "Special
Requirements for Specific Uses" to provide Specific Regulations for Senior Housing and
Appendix A "Definitions" to Provide a Definition for Senior Housing, pursuant to LDR
Section 2.4.5(M).
Pursuant to Section 1.1.6, an amendment to the Land Development Regulations may not be
made until a recommendation is obtained from the Planning and Zoning Board.
II BACKGROUND II
The City has received a privately initiated LDR text amendment from the Community
Redevelopment Agency (CRA) to allow Senior Housing facilities in the CF zoning district.
The applicant is proposing to alter the historic La France Hotel and construct a 3,850
square foot two-story addition to provide a Senior Housing Facility which will offer affordable
housing units for residents of 60 years and older. On completion, the Senior Housing
Facility will contain 14 units, each of which will have a kitchen and bathroom. There is a
need for affordable housing for the senior residents of Delray Beach who cannot afford
market rate housing at their current income level. The CRA recently purchased the property
and has made a commitment to the community to preserve the historic structure and adapt
it for re-use as a Senior Housing Facility.
Associated with this text amendment are an application for rezoning from R-1-A (Single
Family Residential) to CF (Community Facilities), and a Conditional Use Application to
establish a Senior Housing Facility.
The applicant has submitted the following narrative (excerpts) that outlines the justification
for the proposed amendment:
"The LOR amendment is needed since the LOR has no such provisions for this type of
project without a future land use change to a commercial or higher density future land use
designation. Current land development regulations of many municipalities, including the
Oelray Beach LOR, categorize housing accommodations for the elderly either as those that
are subject to the licensing requirements of the State (such as assisted living facilities,
Planning and Zoning Board Staff Report
LDR Amendment to Add Senior Housing As A Conditional Use In The CF (Community FacIlities) District
Page 2
skilled nursing, or convalescent homes, or continuing care facilities), or as traditional market
rate adult residential communities. As the average life expectancy for the U. S. rose to its
highest mark (77.6 years) as indicated by a report released in February 2005 by the
National Center for Health Statistics, more flexible use regulations should be made
available for the aging citizens of Delray Beach.
In addition, the proposed amendment will be providing affordable rental housing for low to
very low income senior citizens in the downtown area. The location of the proposed project
is also ideal for senior residents since it is an a quiet residential neighborhood and within
walking distances to needed services such as mass transit, commercial, cultural,
recreational, and public facilities.
The project was developed to provide a transition from the commercial corridor to the west
while maintaining a residential character of the West Settlers Historic District. A deed
restriction will be voluntarily imposed on the site to maintain the compatibility with the single-
family homes and the facility is anticipated to be included in the Community Land Trust to
ensure affordability for the seniors in the future. The CRA will partner with an agency such
as the Delray Beach Housing Authority to qualify the residents and oversee the daily
operation and management of the facility. Depending on the timing of the improvements, it
may provide relocation opportunities for elderly residents of Carver Estates."
~ LDR TEXT AMENDMENT ANALYSIS J
- .--..... - The amendment proposes to allow Senior Housing as a conditional use within the CF
zoning district. The Senior Housing Facility will provide affordable housing to residents of
Delray Beach who are aged 60 and over and will help to address current issues such as
gentrification and involuntary displacement.
The amendment contains provisions to ensure that the facilities are compatible with the
surrounding residential neighborhood and are not institutional in appearance. Since it would
be most beneficial for these facilities to be spread throughout the community and not be
concentrated in anyone location, a condition that facilities are not be located closer than
1,000 feet to each other has been included. To accommodate the special needs of seniors,
facilities must be located within 600 feet of a mass transit stop and an on-site property
manager is required to remain on the premises overnight.
The following is the "Purpose and Intent" of the CF zoning district:
"The Community Facilities (CF) District is a special purpose zone district primarily,
but not exclusively, intended for locations at which facilities are provided to serve
public, semi-public, and private purposes. Such purposes include governmental,
religious, educational, health care, social service, and special facilities. It is also
applied to regulated properties subjected to a transfer of development rights
pursuant to Section 4.6.20."
The addition of 'Senior Housing Facilities' as a conditional use within this district is
consistent with the 'Purpose and Intent' and is complementary to the uses already allowed
within the CF district.
Planning and Zoning Board Staff Report
LOR Amendment to Add Senior Housing As A Conditional Use In The CF (Community Facilities) District
Page 3
'- REQUIRED FINDINGS . - - !I
- - -
LDR Section 2.4.5(M)(5) (Findinas): 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:
A review of the goals, objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable objective was noted:
Housina Obiective B-2: Redevelopment and the development of new land shall result
in the provision of a variety of housing types which shall continue to accommodate
the diverse makeup of the City's demographic profile.
There is a growing need for affordable housing for the senior residents of Delray Beach.
Approval of the text amendment will allow Senior Housing Facilities to be provided within
the CF (Community Facilities) Zoning District throughout the City to address this need by
providing affordable housing for citizens of 60 years of age and older. The accommodations
for senior housing will enrich the social and cultural fabric of the entire community.
I ASSESSMENT AND CONCLUSION I
The current land development regulations of many municipalities, including Delray Beach,
categorize housing accommodations for the elderly either as those that are subject to the
licensing requirements of the State (such as assisted living facilities, skilled nursing, or
convalescent homes, or continuing care facilities), or as traditional market rate adult
residential communities. The addition of 'Senior Housing Facilities' as a conditional use
within the CF zoning district will offer affordable housing units to the senior residents of
Delray Beach who cannot afford market rate housing at their current income level. The text
amendment is required as the LDRs have no such provision for this type of use. This use
will help address current issues such as gentrification and involuntary displacement by
allowing senior residents to continue living in Delray Beach without the fear of being forced
to move because of rising costs.
II -- II
RECOMMENDED ACTION
-- -. -- . - -
By motion, recommend to the City Commission approval of the proposed amendment to
Section 4.4.21 "Community Facilities (CF)" to add Senior Housing as a Conditional Use in
the CF (Community Facilities) District; Section 4.3.3 "Special Requirements for Specific
Uses" to provide Specific Regulations for 'Senior Housing' and Appendix A "Definitions" to
Provide a Definition for 'Senior Housing', 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 Sections 2.4.5(M) of the Land Development Regulations.
Attachment Proposed Amendment
ORDINANCE NO. 39-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRA Y BEACH, FLORIDA, BY
AMENDING APPENDIX "A", "DEFINITIONS", BY ENACTING A
DEFINITION OF "SENIOR HOUSING"; AMENDING SECTION 4.3.3,
"SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY ENACTING A
NEW SUBSECTION 4.3.3(II), "SENIOR HOUSING", IN ORDER TO
PROVIDE REGULATIONS FOR SAME; AND AMENDING SECTION
4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT", SUBSECTION (D),
"CONDITIONAL USES AND STRUCTURES ALLOWED", TO PROVIDE
FOR THE INCLUSION OF SENIOR HOUSING AS A CONDITIONAL
USE ALLOWED IN THE CF ZONING DISTRICT; PROVIDING A
SA VINGS 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 May 23,2005 and voted 4 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.
WHEREAS, the City Commission of the City of Delray Beach, desires to allow housing facilities
for low income seniors to exist within the City of Delray Beach; and
WHEREAS, the City Commission of the City of Delray Beach desires to provide zoning criteria and
regulations for this type of use within the City of Delray Beach in order to help promote and ensure
compatibility of this new use with other already existing uses within the City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH AS FOLLOWS:
Section I. That the recitations set forth above are incorporated herein.
Section 2. That Appendix "A", "Definitions", 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:
SENIOR HOUSING A facility which is owned or operated by a public or nonprofit agency.
offering affordable housing for a period exceeding 24 hours.
accommodating between 6 and 30 residents 60 years of age or older
unrelated to the owner or administrator by blood or marriage.
excluding the on-site property manager. The facility shall not offer
food. medical. or personal services to the residents.
Section 3. That Section 4.3.3., "Special Requirements for Specific Uses", Subsection
4.3.3(11), "Senior Housing" of the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach, Florida, be and the same is hereby enacted to read as follows:
(II) Senior Housin2: See the definition of Senior Housing for clarification of
terms and qualifyinq standards.
1) Floor Area:
a) Rooms: The total floor area for each unit shall be a minimum of 400
square feet in area.
b) Common Area: At least 10% of the total floor area shall be devoted to a
common area. exclusive of halls. corridors. stairs. and elevator shafts.
wherein a variety of recreational or therapeutic activities may occur.
2) Facilities and ReQuirements:
a) A sleeping room and separate bathroom facilities shall be provided for an
on-site property manager who is required to remain on the premises
overnight.
b) Adult residents may utilize private medical care or personal services
while in residence and may not have a nurse in residence.
c) No more than two (2) residents shall be housed per unit.
d) Senior Housing located in any zoning district shall provide outdoor
amenities. landscaping. design features, and yard space to serve the
residents. Such features shall be reviewed and approved concurrent with
2 ORD. NO. -05
-
Conditional Use Approval.
e) The facility shall not provide non-recreational services such as beautician.
barber, tailor, seamstress. sale of convenience goods, and entertainment.
±) Commercial rated cooking equipment mav be permitted provided such
features shall be reviewed and approved concurrent with the Conditional
Use approval. Meals prepared from these equipments shall only serve the
residents.
g) The facility shall accommodate low to very-low income residents 60 years
of ape or older.
3) Intensity: A minimum of 900 Sq. ft. of lot area is required per bedroom.
4) Appearance: Senior Housing Facilities shall have building elevations which are
residential III character and similar III appearance to the surrounding
neighborhood and shall not be institutional in appearance as determined by the
Site Plan Review and Appearance Board or the Historic Preservation Board.
5) Locational Factors:
a) Such use shall also be within a 600 foot radius of a mass transit stoP.
b) Such use shall not be located within a radius of 1 ,000 feet. measured from
parcel to parcel. of another senior housing facility.
6) Parkin!!: Requirement: One (1) parking space shall be provided for each
sleeping room plus one (1) parkin~ space shall be provided for an on-site
property manager.
7) Si!!:naQe: Signaqe is limited to one (1) freestanding sign with a maximum of
eight (8) square feet in area and a maximum height of three (3) feet, measured
from finished grade to highest point.
Section 4. That Section 4.4.21, "Community Facilities (CF) District", Subsection 4.4.21(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 CF District:
3 ORD. NO. -05
-
(1) Health Care, such as: adult congregate living; continuing care; homes for the aged;
nursing homes; residential Licensed Service Provider Facilities subject to restrictions set forth in Section
4.3.3(D); hospitals, with or without helipads and associated laboratories, treatment centers, rehabilitation
centers, and testing facilities; and mental health treatment facilities including residential care.
(2) Private educational facilities pursuant to the regulations set forth in Section 4.3.3
(HHH), and vocational schools except for training or programs which can be conducted in multipurpose
buildings or offices (e.g. a dance school, real estate school, etc.) which may be located in various
commercial districts, pursuant to the regulations set forth in Section 4.3.3 (HHH).
(3) Services, such as: Community Residential Homes and Group Homes, Type 2,
pursuant to restrictions set forth in Section 4.3.3(I)~ Senior Housing as set forth in Section 4.3.3 (II).
(4) Transportation, such as: bus stations, railway stations, taxi dispatch (more than one
taxi), and park and ride areas.
(5) Special Services and Facilities, such as: privately operated parking lots and garages;
stadiums and arenas; refuse transfer stations; resource recovery facilities, pursuant to provisions of Section
4.3.3(Z); and power transfer stations.
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
,2005.
MAYOR
ATTEST:
City Clerk
4 ORD. NO. -05
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First Reading
Second Reading
5 ORD. NO. -05
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() e ( CCblô (~
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CITY OF DELRAY BEACH
NOTICE OF _PROPOSED AMENDMENT TO THE
lAND DMLOPMENT REGULATIONS BY
AMENDING APPENDIX JJ A", JJDEFINmONS", BY
ENArnNG A DEFINITION OF IISENIOR HOUING",
AMENDING SEalON 4.3.3, IISPECIAL
REQUIREMENTS FOR SPECIFIC USES", BY
ENAalNG A NEW SUBSEalON 4.3.3(11),
IISENIOR HOUSING", IN ORDER TO PROVIDE
REGULATIONS FOR SAME AND AMENDING
E SEOlON 4.4.21, JJCOMMUNITY FACILITIES (CF)
0 ZONING DISTRla", SUBSEalON (D) TO INCLUDE
u
'"
~
Q) IISENIOR HOUSING" AS AN ALLOWED
c:
'"
u
0
.c CONDITIONAL USE THEREIN
I
. !he <;.:z Commission of the City of Delroy Beach, Florida, proposes 10 adopl the follow-
LI>
0 mg 0 ,nance:
0
N
..; ORDINANCE NO. 39-05
Q)
c:
::> AN ORDINANCE OF THE crrv COMMISSION OF THE CITY OF DElRAY BEACH, FlORI-
...,
~ DA, AMENDING THE lAND DEVelOPMENT REGULATIONS OF THE crrv OF DElRAY
"'" BEACH, flORIDA, BY AMENDING APPENDIX "A·, "DEFINITIONS", BY ENAŒNG A
c:
0 DEFINITION OF ·SENIOR HOUSING", AMENDING SECTION 43.3, ·SPECIAl
~
I REQUIREMENTS FOR SPECIFIC USES·, BY ENAŒNG A NEW SUBSECTION 4.3 3(11),
'" ·SENIOR HOUSING·, IN ORDER TO PROVIDE REGULATIONS FOR SAME, AND
~
Q) AMENDING SECTION 4.4 21, ·COMMUNITY FACIUTIES (CF) DISTRICT·, SUBSECTION
z
.c (D), ·CONDITIONAl USES AND S1RUCTURES AllOWED", TO PROVIDE FOR THE
¡;¡ INCLUSION OF SENIOR HOUSING AS A CONDITIONAl USE AllOWED IN THE CF
Q)
cc ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEAlfR CLAUSE,
e AND AN EFFECTIVE DATE
õ>
Q The City Commission wIll conduct two (2) Public Hearings for the purpose of acceptin~
ì:
~ public testimony regarding the proposed ordinance. The First Public Hearing will be hel
a:: on TUESDAY. JUNE 7. 2005. AT 7:00 P.M. in the Commission Chambers at City
'"
g Hall. 100 N.W 1 st Avenue, Delroy Beach, Florida. IF the proposed ordinance is possed
cc on First reading, a second Public Hearing will be held on TUESDAY. JUNE 21. 2005.
.., AT 7:00 P.M. (or at a~ntinuation of such meehng which is set by the Commission)
in the Commission Cham at City Hall, lOON W. 1st Avenue, Delroy Beach, Florida.
All interested citizens are invited to allend the public hearinœ comment u~n the pro-
posed ordinance or submit their comments in writing on or e the date 0 these hear-
ings to the Plannlnå and Zoning Department. For fUrther information or 10 obtoin a CORr.
of the proposed or; inance, please contoct the Planning and Zoning Department, City Hal,
100 N.W. 1st Avenue, Delroy Beach, Florida 33444 (email al
pzmail@mydelrqybeach com! or by calli'1;61 /243-7040), between the hours of 8:00
a.m and 5,00 I' me, Monday through Fri , excluding holidays.
PlEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE
BY THE crrv COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE
HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD PURSUANT TO
ES. 2860105
CITY OF DElRAY BEACH
chevelle D Nubin
City Clerk
PUBUSH: Monday, May 30, 2005
Monday, June 13, 2005
BOCA RATON/DElRAY BEACH NEWS
AD#NS050613
C-c " [!Cvt D (~
CITY OF DELlAY BEACH 1 (jíJr-
t0~
NOTICE OF PROPOSED AMENDMENT TO THE
LAND DEVELOPMENT REGUlATIONS BY
AMENDING APPENDIX II A", uDEFINITlONS", BY
ENAC11NG A DEFINmON OF uSENIOR HOUING",
AMENDING SECTION 4.3.3, IISPECIAL
REQUIREMENTS FOR SPEOFIC USES", BY
ENACTING A NEW SUBSEalON 4.3.3(11),
uSENIOR HOUSING", IN ORDER TO PROVIDE
REGUlATIONS FOR SAME AND AMENDING
SEC110N 4.4.21, uCOMMUNITY FACIUTlES (CF)
- ZONING DISTRICT", SUBSECTION (D) TO INCLUDE
-
&I)
g IISENIOR HOUSING" AS AN AllOWED
....
ö CONDITIONAL USE THEREIN
CO)
:s
:E
¡;; :'he ~ Coritmission of !he City of Delroy Beach, Rorida, proposes to adopt the follow-
""
c mg mance:
0
:E .
I ORDINANCE NO. 39-05
I AN ORDINANCE OF THE OTY COMMISSION OF THE OTY OF DElRAY BEACH, FLORI-
.c DA, AMENDING THE lAND DEVELOPMENT REGUlATIONS OF THE OTY ~ DElRAY
~
'" BEACH, FLORIDA, BY AMENDING APPENDIX MA', 'DEFINITIONS', BY CTlNG A
ao
ê DEFINITION OF 'SENIOR HOUSING'; AMENDING SECTION 4-3.3, 'SPECIAL
-¡; -REQUIREMENTS FOR SPECIFIC USES', BY ENACTING A NEW SUBSECTION 43.3(0),
~ 'SENIOR HOUSING', IN ORDER TO PROVIDE REGUlATIONS FOR SAME; AND
AMENDING SECTION 4.4.21, 'COMMUNITY FAOUTIES (CF) DISTRICT", SUBSECTION
1<í (D), 'CONDITIONAL USES AND STRucruRES AllOWED", TO PROVIDE FOR THE
a:
8 INCWSION OF SENIOR HOUSING AS A CONDITIONAL USE AllOWED IN THE CF
<D ZONING DISTRICT; PROVIDING A SAVING ClAUSE, A GENERAL REPEAlER ClAUSE,
. AND AN EFFECTIVE DATE
e
0 The City Commission will conduct two (2) Public Hearings for the purpose of acceptinå
u
! public lestimony regarding the proposed ordinance. The first Public Hearing will be he!
i on TUESDAY. JUNE 7. 2005. AT 7:00 P.M. In !he Commission Chambers at City
Hall, 100 N.W. 1st Avenue, Delroy Beach, Rorida. If !he proposed ordinance is passed
I on first reading, a second Public Hearing will be held on TUESDAY. JUNE 21. 2005.
AT 7:00 P.M. (or at an~ continuation of such meeting which is set by !he Commission)
in !he Commission Cham rs at City Hall, 100 N.W. 1 st Avenue, Delroy Beach, Florida
All interested citizens are invited 10 attend the public heari~ comment ~ the pro-
posed ordinance or submit their comments in writing on or !he date these hear-
ings to !he Planni~ and Zoning Department. For fUrther information or to obtoin a com:
of the proposed 0 inance, please contact the Planning and Zoning Department, City Hal,
100 N.W. 1 st Avenue, Delroy Beach; Florida 33444 (email at
pzmail@r:nydeIrqybeach com) or by callin:;61 /243-7(40), between !he hours of 8.00
a.m_ and 5:00 p.m.--Monday !hrough Fñ , excluding holidays
PlEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL AN( DECISION MADE
BY THE CITY COMMISSION WITH RESPECT TO AN( MATTER CONSIDERED AT THESE
HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD PURSUANT TO
F.S 286.01 05
CITY OF DElRAY BEACH
Chevelle D. Nubin'
City derk
PUBUSH: Monday, MDt 30, 2005
TuesdaY, June 1.4, 2005
BOCA AATON/DELRAY BEACH NEWS
AD#NS050613