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21-93 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM ~ ~ - MEETING QF FEBRUARY 9, 1993 PROPOSED CHANGE OF THE COMMUNITY FACILITIES DISTRICT TO INSTITUTIONS. FACILITIES AND SERVICES DATE: February 5, 1993 This item is before you to consider a proposal to change the Community Facilities (CF) zone designation to the Institutions, Facilities and Services (IFS) zone district. I have some concerns with this proposal as the uses permitted are too dissimilar in nature to be grouped under one designation. To designate a park as an institution, facility or service does not accurately describe the use. It may be appropriate to retain the CF zoning and develop another category for those items which would be better regulated under the proposed IFS district. Recommend Commission direction with regard to the proposed change to the Community Facilities District to Institutions, Facilities and Services. CITY COMMISSION DOCUMENTATION TO: ~D~ID T. HARDEN, C{TY MANAGER FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF FEBRUARY 9, 1993 FIRST READING~ ORDINANCE AMENDING LDRs BY CHANGING THE COMMUNITY FACILITIES (CF) DISTRICT TO THE INSTITUTIONSt FACILITIESt AND SERVICES (IFS) DISTRICT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading, of an ordinance modifying the City's Land Development Regulations (LDRs). The amendment is that of making several changes to the existing Community Facilities Zone District, including its title and purpose. The changes encompass the entirety of Section 4.4.21, Section 4.6.4(E), and references throughout the LDR document. BACKGROUND: The initiative for creating this new zoning district came from the City Commission in the summer of 1991 following action on the "cruise boat" at Veteran's Park petition. During the intervening period, other problems in the application of the CF District occurred. The item before the City Commission addresses all of these items. The significant features of the change include: * Change in name; * Change in the "Purpose and Intent" statement; * Changing churches from a "conditional" to a "principal" use; * Making "development standards" permissive as opposed to mandatory; * Deletion of related provision under Section 4.6.4 Special District Boundary Treatment. Please.refer to the Planning and Zoning Board staff report for a more complete history, analysis, and description of the proposed changes. City Commission Documentation First Reading, Ordinance Amending LDRs by Changing the Community Facilities (CF) District to the Institutions, Facilities, & Services (IFS) District Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at a Special Meeting held on January 28, 1993 (continuation from January llth). There was no public comment on the item. After review (the Board had previously conducted a worksession on the subject), the proposed District was forwarded on a 4-0 vote. COMMUNITY REDEVELOPMENT AGENCY REVIEW: The CRA has scheduled a special meeting on Thursday, February 4th in order to review this and other LDR amendments. Their comments, if any, will be presented at the City Commission meeting. RECOMMENDED ACTION: By motion, approval on first reading. Attachments: * Ordinance by others * P&Z Staff Report & Documentation of January 11, 1993 DJK/CCIFS.DOC PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF= JANUARY 11, 1993 AGENDA ITEM: II.C.9 TEXT AMENDMENT, CHANGES TO SECTION 4.4.21, COMMUNITY FACILITIES ZONE DISTRICT. ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission regarding several changes to the existing Community Facilities Zone District (Section 4.4.21) and related provisions found in Section 4.6.4(E). BACKGROUND: The Community Facilities (CF) Zone District was originally created in 1986. The idea for a CF District was raised in the 1985 Citizens Guide for the Land Use Element. It was later required as a condition for the City obtaining the County committment to locate the Courthouse along Atlantic Avenue. In October, 1990, there was a complete rewriting of the zoning code when the Land Development Regulations (LDRs) were prepared and adopted. At that time a few changes were made to the C.F. District. Otherwise, the District was essentially the same as it was in 1986. One of these was to include "private parking lots and garages" as a conditional use. At the same time of this inclusion, the same use was deleted from the multiple family zone districts. The intent was to require a rezoning consideration, as opposed to a conditional use consideration, when "off-site" parking was contemplated for eligible business uses. The "off-site" parking conditional use provision was first used when the Bermuda Inn (Ocean Boulevard) wanted to expand. While the request was denied, some concern was raised to the use of CF zoning for such a purpose. Again, when the Seagate Beach Club wanted a remote parking lot - and used the CF provision, the concern was raised (the CF zoning request was denied). When Brandy's Restaurant used CF zoning for adjacent site parking and the zoning also served as a buffer between CBD and residential zoning, the concept was better accepted. However, there were suggestions that the CF District should be given a second look. In the summer of 1991, a City initiated proposal was put forth to accommodate certain commercial activities within the CF District (as conditional uses). While the Planning and Zoning Board gave qualified support to the request, it also directed that the CF District be reviewed and changes made. The City Commission denied the commercial activities proposal but did direct that the CF District be revisited. P&Z Staff Report Text Amendment, Changes to Section 4.4.21, Community Facilities Zone District Page 2 In July and August, 1991, the Board conducted a worksession and arrived at the following conclusions: a) the title should be changed with a focus on deleting reference to "community"; b) the purpose statement should be changed; c) there was not a need to create two different zone districts, one for "community" services and one for "facilities". In 1992 when the City processed development plans for Currie Commons Park, Veterans Park, and the Tennis Center problems were encountered with the perimeter landscape requirements. While the intent of the code, i.e. providing natural screening or open area between the use area and adjacent areas, was met; the letter of the code was not met. This commonly dealt with parking arrangements or the location of recreational facilities (as opposed to buildings) which encroached upon the landscape area which was required to be only at the perimeter of the site. Also, when the LDRs were adopted there was a stated intent that churches (single purpose buildings and campuses) should be zoned as such and not subject to continued review through the conditional use process (as they were when allowed under the residential zone districts) whenever modifications were contemplated. However, the LDRs did not accommodate this intent. This matter is being corrected in the proposed modification. ANALYSIS: The proposed changes to the text are, for the most part, self-explanatory. One change - from "Group Homes" to "Community Residential Facilities" is consistent with terminology under Florida Statutes. A future amendment to the LDRs will modify Section 4.3.(I) which provides the standards for "Group Home"/"Community Residential Facility" siting. P&Z Staff Report Text Amendment, Changes to Section 4.4.21, Community Facilities Zone District Page 3 RECOMMENDED ACTION: Review the proposed changes, make alterations as appropriate, and then forward the proposed changes to the City Commission with a recommendation of adoption and a finding that the proposed changes are not inconsistent with the Comprehensive Plan. Attachment: * Mark-up of Section 4.4.20 and Section 4.6.4(E). DJK/T:PZCF.DOC section 4.4.21 ¢~d~ Fd~Z~dd ~F~ ~d~f Institutions, Facilities, and Services (IFS) (A) Purpose and Intent: The Institutions, Facilities, and Services (IFS) District is a special purpose zone district primarily, but not exclusively, intended for f~~ locations at which facilities are provided to ~M~M serve public~ ~M~ semi-public~ and private ~ ~ E~M~f~ 6f ~6*~~ME ~ME~ Such purposes include governmental ~, CM~M~ religious, educational, health care, social service and special facilities. ~M~ ~M~Z~E~E~M~ It is also applied to regulated properties subjected to a transfer of development rights pursuant to Section 4.6.20.. The CF IFS District is deemed compatible with all land use designations shown on the Future Land Use Map. (B) Principal Uses and Structures Allowed: The following types of use are allowed within the CF IFS District as a permitted use: (1) Governmental~ f~E~ such as: civic centers, courts, courthouses, temporary holding facilities, fire stations, governmental offices, public health facilities, law enforcement offices and facilities, post offices, public utility facilities e.g. lift stations, water storage tanks, water treatment plants, water wells, wastewater treatment plants, drainage facilities. (2) Community~ f~¢~~ such as: civic centers, community centers, community theatre, cultural facilities and auditoriums, arts and crafts centers, libraries, museums, public parking lots~ and ~R~M~ garages. (3) Parks and recreation~ f~Z~ such as: community centers, parks, ballfields, tennis centers, swimming centers, golf courses W~M ~ ~ E~ ~M~ ~~. (4) Services, ~E~ f~~ such as: Abused Spouse Residences, Child Care Centers, Day Care Centers, ~ M~ Z~ I ~M~ III Community Residential Facilities . (5) Religious, such as: churches and places of worship with attendant uses of day care, pre-school, educational facilities, and with other normal educational (Sunday school) and recreational facilities, and support facilities (e.g., patronageS). (~) Restricted usage allowed pursuant to an ordinance enacted to sever developments rights under a Transfer of Developments (TDR). (See Section 4.6.20). (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots and garages (2) Service and Refuge Areas (3) Cafeterias, snack bars, restaurants, exercise facilities, etc., when contained in the same structure as the principal use. (4) Concessions and services provided under a license agreement with the City. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses: (1) Health Care, such as:~l~ Adult Congregate Living; Continuing Care; Homes for the Aged; ~ Nursing Home~; F~Z~~2$ Substance Abuse Treatment Facllities;~ Hospitals, with or without helipads and associated laboratories, treatment centers, rehabilitation centers, and testing facilities; and ~;~ Mental Health Treatment Facilities including residential care. (~) Educational~ f~fll~I~ either public or prtvate~ 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. (5) Services, such as: ~ ~~ Z~ Community Residential Homes . (6) Transportation, such as: ~lZ~ ~Z~~ ~ ~~ ~ ~ bus stations, railway stations, taxi dispatch (more than one taxi), park and ride areas~ and railroad riqht-of-way. (7) Special Services and Facilities, such as: Privately operated parking lots and garages; ~$ Stadiums and arenas; ~9; Refuse Transfer Stations; ~Z2~ ~~ ~¢~ ~ power transfer stations; and communication towers. - 2 - (E) Review and Approval Process: (1) In established structures, principal and accessory uses shall be allowed therein upon application to, and approval by, the Chief Building Official for a certificate of occupancy. (2) For any new development, approval must be granted by the Site Plan Review and Appearance Board pursuant to Sections 2.4.5(F), 2.4.5(H), and (I). (3) Conditional uses must be approved pursuant to Section 2.4.5(E). (F) Development Standards: The development standards as set forth in Section 4.3.4 shall apply as guidelines for site development. While deviations from these standards are allowed, each deviation must be specifically approved by the Site Plan Review and Appearance Board. (G) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply except as modified and added pursuant to the following: (1) Outside storage may be allowed ~ ~ but only when screened from view from adjacent properties and public rights-of-way in a manner approved by the Site Plan Review and Appearance Board. (H) Special Regulations: The perimeter setback area, when provided, ~ ~;$ ~ZZ~ ~ ~~f~W~ shall be a landscaped area within which no paving shall be allowed except for driveways and walkways leading to structures on the premises. Such driveways and walkways shall be generally perpendicular to the property (~) When this zone dtstrlct is adjacent to residential zonlng, the perimeter landscape area should be increased to a depth or fifteen feet (1§')~ or, as an alternative either a wa11~ decorative fenclng, or hedglng should be installed for aesthetic and buffer purposes. IN ADDITION TO THE ABOVE CHANGES TO SECTION 4.4.21, THE PROVISIONS OF SECTION 4.6.4(H), WHICH PERTAINS TO THE PERIMETER OF TREATMENT OF THIS DISTRICT, SHOULD BE DELETED. This DELETION is appropriate, in that, accommodation for its provisions (albeit modified) are provided in the NEW Sub-Section (H)(2), above. -3- Mail For 0 Harty, Alison - City Clerk TO User ID Address HARTY DELRAYCH City of Delray Beach 100 N. W. 1st Avenue Delray Beach, Fi. 33444 City Clerk 2nd Floor City Hall (407) 243-7057 FROM User ID Address KOVACS DAVID SUBJECT REFERENCE AUTHOR ACTION DUE DATE Alison: Re ORDINCE for the CF to IFS zone. A separate section necessary for DELETION of 4~6~4(E); also, for Directing that CF, throughout the text, be made throughout including the Matrl~