AGENDA PLANNING AND ZONING BOARD CITY OF DEERFIELD BEACH

AGENDA PLANNING AND ZONING BOARD

CITY OF DEERFIELD BEACH, FLORIDA August 1, 2013

The following is the agenda of a regular meeting of the Planning and Zoning Board of the City of Deerfield Beach, a municipal corporation of Florida, to be held on Thursday, August 1, 2013, at 7:00 p.m. in the City Commission Chambers, City Hall, 150 N.E. 2nd Avenue, Deerfield Beach, Florida 33441.

A. CALL TO ORDER AND ROLL CALL

B. APPROVAL OF MINUTES – None C. OLD BUSINESS

1.) PUBLIC HEARING – LAND DEVELOPMENT CODE AMENDMENT (tabled at July 11, 2013 meeting)

Applicant: CITY OF DEERFIELD BEACH Proposal: Amending various sections of the Land Development Code relating to: definitions

of alcoholic beverage establishments, medical clinics, group counseling/treatment, hospital, and special hospital; clarification of uses permitted/not permitted in RSO zoning, permitting hospitals and specialty hospitals only in OP and CF zoning; modifying parking requirements for hospitals and medical clinics, and adding parking requirements for specialty hospitals.

D. NEW BUSINESS

2.) PUBLIC HEARING – APPLICATION 13-P-194 Applicant: GLENDA EDWARDS, CASSIAN NOEL & LAURA PARRISH Proposal: To plat a 1.21-acre parcel for 8 single-family residential lots to be known as the

LAURA & GLENDA ESTATES plat. Location: The property is described as a portion of Section 1, Township 48 South, Range 42

East, more particularly described in the file, located at 240 & 260 S.W. 1st Street. 3.) PUBLIC HEARING – APPLICATION 13-A-182 Applicant: JOE WILLIAMS, LAURIER CHASSE & ANTHONY LUDOVICI Proposal: To vacate and abandon approximately 120 linear feet of a 15-foot alley lying

between N.E. 4th and 5th Avenues and north of the vacated N.E. 1st Street. Location: The subject area to be vacated and abandoned is described as a portion of a 15-

foot alley lying between N.E. 4th and 5th Avenues and north of the vacated N.E. 1st Street, more particularly described in the file, located adjacent to 106-124 N.E. 4th Avenue and 125 N.E. 5th Avenue.

4.) PUBLIC HEARING – APPLICATION 13-B1-195 – (Deferred to September 5, 2013) Applicant: THE KEITH CORPORATION, represented by Eric Larson Proposal: To construct a 25,018 square-foot medical office building. Location: A 1.82-acre parcel property described as a portion of Parcels A and B of the

DEER CREEK BANK plat, located at 3313 W. Hillsboro Boulevard.

Planning and Zoning Board Meeting August 1, 2013 Page 2

5.) PUBLIC HEARING – PROPOSED LAND DEVELOPMENT CODE AMENDMENT Applicant: CITY OF DEERFIELD BEACH Proposal: Amendment to the Land Development Code pertaining to sign regulations in

areas of special interests. E. STAFF REPORT

F. CHAIRMAN’S REPORT

G. MEMBERS’ REPORT(S)

H. ADJOURNMENT

Any person wishing to appeal any decision made by the Planning and Zoning Board with respect to any of the above, will need a record of the proceedings and for such purpose, may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. The above notice is required by State law (FS 286.0105.) Anyone desiring a verbatim transcript shall have the responsibility, at his/her own expense, to arrange for the presence at the hearing of a certified court reporter. A full transcript of the proceedings will be needed in order to appeal any decision of the Board. All interested parties may present testimony relevant to the applications and participate in the proceeding. Further information may be obtained from the Planning Office during business hours in City Hall. If anyone requires auxiliary aids for communication, please call (954) 480-4213.

Gerald R. Ferguson, AICP Director of Planning & Development Services Publish: Sun Sentinel July 19, 2013

DEERFIELD BEACH Agenda Item #1

PLANNING & ZONING BOARD Thursday, August 1, 2013

LAND DEVELOPMENT CODE AMENDMENT Applicant: CITY OF DEERFIELD BEACH

Proposal: Amending various sections of the Land Development Code relating to: definitions of alcoholic beverage establishments, medical clinics, group counseling/treatment, hospital, and special hospital; clarification of uses permitted/not permitted in RSO zoning, permitting hospitals and specialty hospitals only in OP and CF zoning; modifying parking requirements for hospitals and medical clinics, and adding parking requirements for specialty hospitals.

SUMMARY BACKGROUND/EXPLANATION

In response to requests from several of the Commissioners over the past few months, the City Attorney and Planning staff are proposing several amendments to the Land Development Code aimed at improving the compatibility of commercial and residential uses; the changes also provide for the consistency in treatment of similar uses. The amendment also includes substance abuse treatment in the medical treatment facility category, and includes corrections to typographical errors.

REQUESTED ACTION: Recommendation to the City Commission on the proposed ordinance.

ATTACHMENT: The proposed ordinance amending the Land Development Code.

Deleted portions struck through; added portions underlined 1

ORDINANCE NO. 2013/

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF

DEERFIELD BEACH, FLORIDA AMENDING SECTIONS 98-3

RELATING TO DEFINITIONS OF ALCOHOLIC BEVERAGE

ESTABLISHMENT, MEDICAL CLINIC, GROUP COUNSELING,

HOSPTIAL AND SPECIALTY HOSPITAL; AMENDING SECTIONS 98-

52, 98-52A, 98-53, 98-54, 98-55, 98-55A, 98-60 AND 98-63 AMENDING THE

PERMITTED AND CONDITIONAL USES IN VARIOUS BUSINESS

ZONING DISTRICTS; AMENDING SCHEDULE B OFF-STREET

PARKING REQUIREMENTS; CONTAINING A PROVISION FOR

INCLUSION IN THE CODE; CONTAINING A SEVERABILITY

CLAUSE; CONTAINING AN EFFECTIVE DATE

WHEREAS, the City Commission wishes to amend and clarify the permitted and

conditional uses in the various business zoning districts;

WHEREAS, NOW, THEREFORE, BE IT ORDAINED BY THE CITY

COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA THAT:

SECTION 1. Section 98-3 Definitions of the City of Deerfield Beach Land

Development Code is hereby amended to read as follows:

Sec. 98-3. Definitions.

For the purpose of enforcing and administering this Code, the following words shall have

the definition and meanings (and regulations related thereto) as herein set forth.

. . .

Alcoholic beverage establishment means any establishment devoted primarily (more than

50% of gross sales) to the retail sale of alcoholic beverages for consumption on and/or off

the premises.

. . .

Clinic, medical means a facility which does not provide for overnight accommodations

wherein professional services concerning personal health of humans are administered by

medical doctors, chiropractors, osteopaths, optometrists, dentists, counselors, therapists,

clinical social workers, psychologists, psychiatrists or any other such profession which

may lawfully be practiced in the State of Florida. Pain management clinics shall

specifically by excluded from this definition.

. . .


Group Counseling/treatment means the treatment or counseling of more than two persons

not related through blood, marriage, domestic partnership or legal adoption.

. . .

Hospital means an institution providing primary health services and medical or surgical

care to persons, primarily in-patients, suffering from illness, disease, injury, deformity

and other physical or mental conditions, and including, as an integral part of the

institution, related facilities such as laboratories, out-patient facilities or training

facilities.

. . .

Hospital, specialty means a facility which provides overnight accommodations wherein

professional services concerning personal health of humans are administered by medical

doctors, chiropractors, osteopaths, optometrists, dentists, counselors, therapists, clinical

social workers, psychologists, psychiatrists or any other such profession which may

lawfully be practiced in the State of Florida.

. . .

Substance abuse treatment facility means a service provider or facility that is licensed or

required to be licensed pursuant to F.S. § 397.311(18).

. . .

SECTION 2. Sections 98-52(a) and (b), RSO, Residential/Office of the City of

Deerfield Beach Land Development Code are hereby amended to read as follows:

Sec. 98-52. - RSO, residential/office.

(a) Purpose. To provide for a zoning district of sufficient aesthetic quality and limited level

of intensity, including consideration of noise and traffic generation, to serve as a buffer

between a major thoroughfare and single-family zoning district which would allow

reasonable use of the property without detrimental or adverse effects to abutting

properties and which, by virtue of controlled design and maintenance, will add to the

aesthetic development of a central boulevard. This district is intended to be limited in

application to those areas of the city where residential property abuts a major

thoroughfare and property sizes have been substantially reduced by right-of-way

improvements. These considerations shall be applied by city staff, the planning and


zoning board and the city commission in reviewing the site plan required under this

section.

(b) Uses permitted.

(1) Professional offices wherein specialized professional services such as the offices

of doctor, dentist, chiropractor, osteopath, (excluding group counseling and pain

clinics) lawyer, engineer, architect, chiropractor, osteopath, insurance agent or

real estate broker are provided.

(2) Residential dwelling(s). Density may not exceed five units per acre provided such

units can be permitted under the City of Deerfield Beach Land Use Plan.

Efficiencies or transient lodging shall not be permitted.

. . .

SECTION 3. Section 98-52A DBR, Dixie Business/Residential District, Table A of the City of

Deerfield Beach Land Development Code is hereby amended to read as follows:

Sec. 98-52A. DBR, Dixie Business/Residential District.

. . .

DIXIE BUSINESS/RESIDENTIAL DISTRICT - ALLOWABLE USES

TABLE A

Street Category

Allowable Use City

Main Street

Neighborhood

Main Street

Local

Street

Residential development (subject to Broward County

residential flex availability)

C(No ground

floor

residential)

P P

Convenience store (with dispersal limitation) P

Day-care, adult or child C C C

Essential services P P P


Fast Food Restaurant (with dispersal limitation) P

Financial services P C C

Funeral home P C

Indoor recreation (excluding pool halls) located within a

shopping center of at least ten gross acres, or a

freestanding building with at least three gross acres.

Provided one permitted facility per shopping center.

C

Health and fitness clubs P

Laundromat P

Limited business service (see definition) P C

Limited personal service (see definition) P C

Limited retail sales (see definition) P C

Medical clinic P C

Mixed-use developments P C C

Museums and art galleries P P

Assisted living facility, subject to the provisions of section

98-93 of this Code

P C

Office, business, governmental and professional P P P

Public park P P P

Restaurants (including outdoor seating for not in excess of

12 patrons, over 12 conditionally)

P C

Schools (public/private/arts and vocational) C C C

Substance abuse treatment facility licensed or required to

be licensed pursuant to F.S. § 397.311(18).

P C

Theatres

. . .

SECTION 4. Section 98-53 (b) and (c) B-1 Business, Community of the City of

Deerfield Beach Land Development Code is amended to read as follows:

Sec. 98-53. - B-1 business, community.


. . .

(b) Permitted uses. The following uses shall be permitted principal uses in the B-1 district.

(1) Alcoholic beverage establishment - off premises consumption only;

(2) [Reserved];

(3) Clinic, medical;

(4) Financial institution;

(5) Office, business, government, and professional;

(6) Public park and recreation area;

(7) Restaurant (including outdoor seating for not in excess of 12 patrons unless

specified otherwise in this Code);

(8) Store, convenience goods;

(9) Store, retail (excluding stores which sell firearms or ammunition for firearms);

(10) Store, personal service;

(11) Store, business service;

(12) Shopping center (consisting of permitted or approved conditional uses as

contained herein);

(13) Theatre;

(14) Health and fitness club;

(15) Funeral home;

(16) Animal hospital;

(17) Amusement center (subject to the restrictions contained herein within Code

Section 18-143);

(18) Laundromat;

(19) Marina;

(20) Laboratory, medical/dental;

(21) Parking facility, commercial;

(22) Parking facility, public;

(c) Conditional uses. Upon application and after a favorable determination by the board of

adjustment or the city commission (where the conditional use is part of the site plan

application) that all conditions and provisions of a conditional use have been met, the

uses listed below may be permitted as conditional uses in this district. In addition to any

provisions listed herein, all proposed conditional uses shall comply with the requirements

of this code, be heard and decided by the board of adjustment zoning appeals special

master (or city commission where applicable as part of a site plan) as set forth herein and

be consistent with the goals, objectives and policies of the city's comprehensive plan.

For conditional uses b,k, j and l k, (when the use is part of a proposed site plan), the


following additional conditions shall be required to be satisfied:

(1) The property line of the lot or parcel on which any building devoted to the use is

located is at least 100 feet from residentially zoned property; except for hotels and

motels which may be less than 100 feet from residentially zoned property.

(2) Sufficient area exists for interior traffic circulation to avoid any stacking of

vehicles attempting to park or, in the case of a hotel or night club, to avoid

stacking where valet parking may be used.

(3) The noise level measured from any residentially zoned property shall not exceed

45 db for any continuous period of three minutes.

a. Dwellings, multiple family provided that:

1. Less than 50 percent of the building is utilized for residential

purposes;

2. Dwelling units conform to the requirements of the RM-15 districts;

3. Dwellings are not on ground floor.

b. Hotels and motels subject to the dimensional requirements of the RM-25

zoning district. Density is limited to 38 dwelling units per gross acre;

c. Hospital

dc. Child and adult day-care centers;

ed. School;

fe. School, arts;

gf. School, vocational;

hg. Assisted living facilities, subject to the provision of section 98-93 of this

Code. Building height shall not exceed 45 feet. All other dimensional

requirements are the same as RM-15 zoning district. Density requirements

are the same as RM-15 zoning district;

ih. Motor vehicle display showroom and sales provided all motor vehicles

must be located within a completely enclosed building. There shall be no

outside storage, no outside display nor outside parking of any vehicles

which are offered for sale. Provided further there shall be no vehicle repair

work, no vehicle service, no vehicle painting, and no vehicle detailing or

other vehicle work of any kind or nature, permitted on the premises either

inside or outside the building;

ji. Nightclub;

kj. Alcoholic beverage establishment, on premises consumption;

lk. Indoor recreational facilities (excluding pool halls) located within a

shopping center of at least ten acres in gross land area, or a freestanding


building with at least three acres gross area; provided that only one such

facility shall be permitted in any shopping center;

ml. Club, private/public;

nm. Drive up booths for the retail sale and installation of automotive

windshield wiper blades;

on. Outdoor seating in excess of 12 for a restaurant (seating not contained

within a fully enclosed building);

po. Church or other house of worship;

q. Substance abuse treatment facility licensed or required to be licensed

pursuant to F.S. § 397.311(18).

SECTION 5. Section 98-54(b) of the City of Deerfield Beach Land Development Code

is hereby amended to read as follows:

Sec. 98-54. - B-2 highway business.

. . .

(b) Permitted uses. The following uses shall be permitted principal uses in the B-2 district:

(1) Alcoholic beverage establishment - off-premises consumption only;

(2) Automobile gas station;

(3) Automobile service station;

(4) Church or other house of worship (not located in a shopping center);



(7) Fire and police stations;

(8) Hotel and motel, subject to the dimensional requirements of the RM-25 zoning

district. Density is limited to 38 dwelling units per gross acre;

(9) Office, business and professional;

(10) Public park and recreation area;

(11) Restaurant (including outdoor seating for not in excess of 12 patrons unless

otherwise specified in this Code);

(12) Store, convenience;

(13) Store, retail (excluding stores which sell firearms or ammunition for firearms);



(16) Shopping center consisting of permitted or approved conditional uses as contained

herein;

(17) Essential services;

(18) Theatre;

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(20) Animal hospital;

(21) Funeral home;

(22) Boat sales;

(23) Marina;

(24) Amusement center (subject to the restrictions contained herein within Code

Section 18-143);

(25) Laundromat;

(26) Laboratory, medical/dental;

(27) Parking facility, commercial;

(28) Parking facility, public;

(29) Substance abuse treatment facility licensed or required to be licensed pursuant to

F.S. § 397.311(18) licensed pursuant to F.S. § 397.311(18).

. . .

SECTION 6. Section 98-55(b) B-3 General Business of the City of Deerfield Beach

Land Development Code is hereby amended to read as follows:

Sec. 98-55. - B-3 general business.

. . .

(b) Permitted uses. The following uses shall be permitted principal uses in the B-3 district:

(1) Building materials supply/distribution to the trade - (includes, but not limited to,

hardware, lumber, millwork, plumbing);

(2) Printing;

(3) Trade shops: metal work, woodworking, plumbing, roofing, electrical, and

associated building trades;

(4) Store, retail (in accordance with land use plan limitations);


(6) Lawn service;

(7) Commercial bakery;

(8) Exterminator;

(9) Medical or dental lab;

(10) Offices, business and professional;

(11) Warehouses; mini-warehouses;

(12) Wholesale trade;

(13) Boat repair;


(14) Plant nursery;

(15) Automotive services; (excluding repair, mechanical, paint and body);

(16) Marina;

(17) Commercial kitchen;

(18) School, vocational;

(19) Building cleaning and maintenance services;


F.S. § 397.311(18);

(201) Sports performance training facility;

(212) Indoor recreation, provided:

a. The location, design, and operation of an indoor recreation shall not

adversely affect the continued use, enjoyment, and development of

adjacent properties. In considering this requirement, particular attention

shall be focused on noise, pollution, and traffic;

b. The use is [in] accordance with the land use plan limitations;

c. Alcoholic beverage sales may not be permitted as an accessory use.

. . .

SECTION 7. Section 98-55A(b) OP Office Park of the City of Deerfield Beach Land

Development Code is hereby amended to read as follows:

Sec. 98-55A. - OP, office park.

. . .

(b) Permitted uses. The following uses shall be permitted principal uses in the OP district:

(1) Banking and financial institutions;

(2) Business, professional, administrative offices;

(3) Commercial schools (art, music, theatrical, business and technical);

(4) Educational, scientific, and industrial research facilities;


(6) Fire stations;

(7) Government offices;

(8) Hospitals;

(9) Hotels and motels;

(10) Medical and dental laboratories;

(11) Recording or broadcasting studio (music, radio, television, film);

(12) Research laboratories;

(13) Specialty Hospitals.



F.S. § 397.311(18).

. . .

SECTION 8. Section 98-60(b) CF, Community Facilities of the City of Deerfield Beach

Land Development Code is hereby amended to read as follows:

Sec. 98-60. – CF, Community facilities.

. . .

(b) Permitted uses. The following uses shall be permitted principal uses in the CF district:

(1) Auditoriums;

(2) Cemeteries;

(3) Church, or other house of worship;

(4) Fire stations;

(5) Government offices;

(6) Hospitals;

(7) Libraries;

(8) Museums, art galleries (which do not regularly sell art work which is displayed);

(9) Public parks and recreation areas;

(10) Schools;

(11) College or university research and development parks operated in accordance

with Chapter 159, Part V, Florida Statutes;

(12) Transportation terminals;

(13) Waste and water treatment facilities;


(15) Cultural and/or civic centers;

(16) Gymnasium;

(17) Amphitheaters;

(18) ALF, subject to the provisions of section 98-93 of this Code;


F.S. § 397.311(18).

(19) Specialty Hospitals.

. . .

SECTION 9. Section 98-63(b) TOD, Transit Oriented Development of the City of

Deerfield Beach Land Development Code is hereby amended to read as follows:

Sec. 98-63. – TOD, transit oriented development.


. . .

(b) Permitted uses. General categories of permitted uses for each TOD must be specified in

the permitted uses section of the Future Land Use Element of the Comprehensive Plan. The

following uses shall be permitted principal uses in the TOD district:

(1) Child and adult day-care centers;


(3) Dwelling, multiple-family;




(7) Home occupation subject to the provisions of this Code;

(8) Office, business, government, and professional;

(9) Outdoor kiosks for the following: retail sales, food, refreshments, and

information;

(10) Public park and/or recreation area;

(11) School;

(12) School, arts;



(15) Townhouses;

(16) Transit station;


F.S. § 397.311(18).

. . .

SECTION 10. Schedule B, Off-Street Parking Requirements of the City of Deerfield

Beach Land Development Code is hereby amended to read as follows:

. . .

(20) Hospitals, sanitariums, and convalescent homes and medical facilities that provide for

abortion operations – One space for each patient bed plus four spaces for each doctor, and

one space for each 250 square feet of floor area.

(21) Hospital, Specialty- One space for each two patient beds and one space for each 400

square feet of remaining floor area.


(221) Hotels, motels and motor inns- One parking space per room plus 50 percent of the

required parking attendant to any accessory use.

(232) Indoor recreation, excluding bowling alleys and shooting ranges- One space for each 150

square feet of gross space or one space for each four seats of facilities available for patron

use, whichever is applicable to the facility.

(243) Kindergarten, day nursery, pre-school or adult day care center- One space per each

employee or assistant plus one space for each ten adults or children licensed to be

enrolled (with a minimum of five such additional spaces).

(254) Libraries, museums, art galleries- One space for each four seats or each 200 square feet of

customer service area as applicable to the facility.

(265) Manufacturing, industrial and commercial concerns not catering to the general public-

One space per every 500 square feet of floor area (first 10,000 square feet), plus one

space per each 1,000 square feet over 10,000 square feet.

(276) Marinas-One parking space for every five dry slips and one parking space for every three

wet slips.

(287) Medical (includes chiropractic and osteopathic) or dental offices or clinics- One parking

space for each 50 square feet of floor area used for group counseling or treatment and one

parking space for each 200 square feet of remaining floor area. Four spaces for each

doctor and dentist plus one space for each 300 square feet of floor area used for office

purposes.

(289) Night club – One space for each 30 square feet of customer service area plus one space for

each 400 square feet or fraction thereof, of other area and one space per each two lineal

feet of bar.

(2930) Offices, office buildings – One space for each 250 square feet, of gross floor area.

(301) Outdoor storage and salvage yards – One parking space per 400 square feet of gross floor

area, plus one space per 5,000 square feet of outside storage area, plus one space per

truck, trailer etc. used in conjunction with the business.

(312) Police station and fire station – One and one-half spaces per person on duty on a normal

shift plus one space for each vehicle in fleet plus public parking as determined by the

planning and zoning board and city commission.

(323) Post office – Four spaces per each 1,000 square feet of gross floor area.


(334) Recycling, transfer station – One space per every 500 square feet of floor area (first

10,000 square feet), plus one space per each 1,000 square feet over 10,000 square feet.

(345) Restaurants, eat-in or take-out – One space for each 50 square feet of customer service

area plus one space for each 400 square feet, or fraction thereof, or other area.

(356) Rooming or boarding house, dormitories – One space for each two bedrooms.

(367) School, arts – One space per 300 square feet of floor area.

(378) School elementary and middle – One per classroom and one for every five seats in

auditorium or main place of assembly.

(389) School, senior high – Two-tenths space per student plus one space per each staff member

employee, plus one for each four seats in auditorium and other places of assembly or

facility available to the public.

(3940) School, vocational – Five spaces per room used for administrative offices, plus on space

per 50 square feet of space used for instruction.

(401) Self-service storage facility – One parking space for each 5,000 square feet of floor area

for storage use, plus one parking space for each 200 square feet of floor area for

management office use.

(412) Shooting ranges (indoor) – One parking space for each 250 square feet of gross floor

area, plus parking as required for other uses on site.

(423) Sports performance training facility – One parking space for each 500 square feet of

gross floor area.

(434) Truck and heavy equipment repair – One space per 500 square feet of gross floor area

including service bays, wash tunnels and retail areas.

(445) Theaters, auditoriums, cultural and or civil centers, or places of assembly – One space

for each four seats or each 200 square feet of customer service area as applicable.

(456) Uses not specifically mentioned – The requirement for off-street parking for any uses not

specifically mentioned in this article shall be the same as provided in this article for the

use most similar to the one sought.

(467) Warehouses, min warehouses (dead storage only) – One parking space for each 750

square feet of gross floor area of the building.

(478) Wholesale stores, distribution and furniture stores – One parking space for each 500

square feet of floor area of the building.

SECTION 11. It is the intention of the City Commission and it is hereby ordained that

the provisions of this ordinance shall become and be made a part of the City Code of the City of

Deerfield Beach, Florida, and the sections of this ordinance may be renumbered to accomplish

such intent.


SECTION 12. If any word, phrase, clause, sentence, or section of this ordinance is for

any reason held unconstitutional or invalid, the invalidity thereof shall not affect the validity of

any remaining portions of this ordinance.

SECTION 13. That this ordinance shall be in full force and effect immediately upon its

passage and adoption.

PASSED 1ST READING ON THIS _____ DAY OF ____________________, 2013

PASSED 2ND READING ON THIS _____ DAY OF ____________________, 2013.

____________________________________

JEAN M. ROBB, MAYOR

ATTEST:

__________________________________________

ADA GRAHAM-JOHNSON, MMC, CITY CLERK

Deerfield/Ordinances/ Business Districts Uses 6/19/2013



APPLICATION 13-P-194 Applicant: GLENDA EDWARDS, CASSIAN NOEL & LAURA PARRISH Proposal: To plat a 1.21-acre parcel for 8 single-family residential lots to be known as the LAURA

& GLENDA ESTATES plat. Location: The property is described as a portion of Section 1, Township 48 South, Range 42 East,

more particularly described in the file, located at 240 & 260 S.W. 1st Street.


This is a residential plat dividing 1.21-acres of currently vacant land into 8 single-family lots consistent with both the future land use plan and current zoning designations.

REQUESTED ACTION: Recommendation to the City Commission on the proposed plat.

ATTACHMENT: Notification letter and map Staff Development Review Report

PPUUBBLLIICC NNOOTTIICCEE

APPLICATION 13-P-194

July 19, 2013

Dear Property Owner:

This is to notify you that the PLANNING AND ZONING BOARD of the City of Deerfield Beach, a municipal corporation of Florida, shall hear an application for:

GLENDA EDWARDS, CASSIAN NOEL & LAURA PARRISH

To plat a 1.21-acre parcel for 8 single-family residential

lots to be known as the LAURA & GLENDA ESTATES plat.

The property is described as a portion of Section 1,

Township 48 South, Range 42 East, more particularly

described in the file, located at 240 & 260 S.W. 1st Street.

A public hearing will be held on THURSDAY, AUGUST 1, 2013, at 7:00 p.m. in the City Commission Meeting Room. All interested parties may appear in person to offer evidence in support of or against the proposal. Further information may be obtained from the Planning Office during business hours in City Hall, 150 N.E. 2nd Avenue, Deerfield Beach, FL 33441, phone: (954) 480-4206.

Any person wishing to appeal any decision made by the Planning and Zoning Board with respect to any of the above, will need a record of the proceedings and for such purpose, may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. The above notice is required by State Law (FS 286.0105.)

Anyone desiring a verbatim transcript shall have the responsibility, at

his/her own expense, to arrange for the presence at the hearing of a

certified court reporter. A full transcript of the proceedings will be needed in order to appeal any decision of the Board. If anyone requires auxiliary aids for communication, please call (954) 480-4206.

GERALD R. FERGUSON, AICP Director of Planning & Development Services

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B'NAI B'RITH SENIORCITIZENS PLAT

PALM CREST GARDENS 1ST ADDN

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300 WEST HILLSBORO BLVD PLAT

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Public Hearing Notice MapPlat Application 13-P-194

240 & 260 S.W. 1st Street0 300150 Feet

Public Notification Boundary

Subject Property

.

For additional informationCall the Planning Department at 954-480-4206

July 25, 2013 Page 1 of 3 Application 13-P-194

Development Review Committee

Summary Report

Development Plan Application Review

Application No. 13-P-194 Applicant: Glenda Edwards, Cassian Noel and

Laura Parrish Requested Action/Description: To plat a 1.21-acre parcel for

residential use and to be known as the LAURA & GLENDA ESTATES PLAT.

Location: 240 & 260 S.W. 1st Street Legal Description: A portion of Section 1, Township 48

South, Range 42 East, more particularly described in the file.

Size: 1.21-acres Existing Zoning: RS-7 (Residence, Single-Family) Existing Land Use: Vacant Residential Future Land Use Plan Designation: Residential Moderate (10 du/ac)

General Information


Surrounding Land Use and Zoning:

Existing Land Use Zoning North: Vacant Commercial & Multi-

Family RS-7 and B-1

East: Single Family Residential RS-7 South: Vacant Residential & Single-

Family RS-7

West: Single-Family Residential RS-7 Applicable Regulations: Deerfield Beach Land Development

Code Plat Restrictions: (8) Single-Family Houses

Planning & Zoning

BACKGROUND: This application is a request to plat two residential parcels, with a 0.06 acre portion of Southwest 1st Street which will be restricted to eight, single family homes. In 1972 the City received a warranty deed for the 0.06 portion of Southwest 1st Street and has fee title to the right-of-way. In 2006 the City Attorney determined that this parcel of right-of way was never dedicated to the public, and therefore could be quit-claimed (rather than abandoned) back to the adjacent property owner with Commission approval. The applicant is requesting that the City quit-claim this portion of Southwest 1St Street back to vacant Parcel 2, as a stipulation of the plat’s approval. PLANNING CONSIDERATIONS: 1. Compliance with the Comprehensive Plan: - Per Section 98-9, no permit or approval

for development of land shall be approved which does not comply with the goals, objectives and policies (GOPs) of the Deerfield Beach Comprehensive Plan. The Future Land Use (FLU) Map designation for this plat is residential moderate (10 du/ac.). The proposed single family use is a permitted use in the future land use category of residential moderate and supports the intent of the category. The proposed single family residential parcels are located within the neighborhood generally known as Carver Heights, and support the single family use of the neighborhood. The application is in compliance with the Deerfield Beach Comprehensive Plan.

2. Transportation Concurrency Requirements: The plat is located within the Northeast Transportation Concurrency Management Area. Concurrency requirements for the parcels will be assessed by the County upon their review of the plat and findings of trip generation.

Department Comments & Requirements


3. Dimensional Requirements: The parcels are zoned RS-7 residence, single family.

With the inclusion of the Southwest 1st Street right-of way, the proposed eight lots meet all dimensional lot requirements of the RS-7 zoning district. Therefore the proposed restrictive note of eight single family homes is in accordance with the subject property’s zoning district.

SUMMARY: Staff’s review of application 13-P-194 has found that the plat’s proposed restrictive use is consistent with the Future Land Use Element of the Comprehensive Plan, and the proposed use is permitted per the Land Development Code.

City Landscape Architect

No comment. Engineering Division, Public Works & Environmental Services

The proposed plat is approved with no further comment. Sanitation Division, Public Works & Environmental Services No comment. Fire/Rescue No comment.

This report contains the requirements of the Deerfield Beach Development Review Committee members relative to this site development plan application. If there are any questions or issues regarding compliance with any of the requirements in this report, the respective department should be contacted directly.



APPLICATION 13-A-182 Applicant: JOE WILLIAMS, LAURIER CHASSE & ANTHONY LUDOVICI

Proposal: To vacate and abandon approximately 120 linear feet of a 15-foot alley lying between N.E. 4th and 5th Avenues and north of the vacated N.E. 1st Street.

Location: The subject area to be vacated and abandoned is described as a portion of a 15-foot alley lying between N.E. 4th and 5th Avenues and north of the vacated N.E. 1st Street, more particularly described in the file, located adjacent to 106-124 N.E. 4th Avenue and 125 N.E. 5th Avenue.


This is an unused, unimproved dedicated alleyway running behind the single-family lots N.E. 4th Avenue and N.E. 5th Avenue between N.E. 1st and 2nd Streets. The request is to vacate and abandon the southbound 120 feet.

REQUESTED ACTION: Recommendation to the City Commission on the proposed vacation and abandonment.

ATTACHMENT: Notification letter and map Staff Development Review Report

PPUUBBLLIICC NNOOTTIICCEE

APPLICATION 13-A-182

July 19, 2013

Dear Property Owner:

This is to notify you that the PLANNING AND ZONING BOARD of the City of Deerfield Beach, a municipal corporation of Florida, shall hear an application for:

JOE WILLIAMS, LAURIER CHASSE & ANTHONY LUDOVICI

To vacate and abandon approximately 120 linear feet of a

15-foot alley lying between N.E. 4th and 5th Avenues and

north of the vacated N.E. 1st Street.

The subject area to be vacated and abandoned is

described as a portion of a 15-foot alley lying between

N.E. 4th and 5th Avenues and north of the vacated N.E. 1st

Street, more particularly described in the file, located

adjacent to 106-124 N.E. 4th Avenue and 125 N.E. 5th

Avenue.

A public hearing will be held on THURSDAY, AUGUST 1, 2013, at 7:00 p.m. in the City Commission Meeting Room. All interested parties may appear in person to offer evidence in support of or against the proposal. Further information may be obtained from the Planning Office during business hours in City Hall, 150 N.E. 2nd Avenue, Deerfield Beach, FL 33441, phone: (954) 480-4206.

Any person wishing to appeal any decision made by the Planning and Zoning Board with respect to any of the above, will need a record of the proceedings and for such purpose, may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. The above notice is required by State Law (FS 286.0105.)

Anyone desiring a verbatim transcript shall have the responsibility, at

his/her own expense, to arrange for the presence at the hearing of a

certified court reporter. A full transcript of the proceedings will be needed in order to appeal any decision of the Board. If anyone requires auxiliary aids for communication, please call (954) 480-4206.

GERALD R. FERGUSON, AICP Director of Planning & Development Services

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Public Hearing Notice MapVacation and Abandonment

Application 13-A-182106-124 N.E. 4th Ave. & 125 N.E. 5th Ave.

0 300150 Feet

Public Notification Boundary

Subject Property

.

For additional informationCall the Planning Department at 954-480-4206

July 25, 2013 Page 1 of 3 Application 13-A-182

Development Review Committee

Summary Report

Development Plan Application Review

Application No. 13-A-182 Applicant: Joe Williams, Laurier Chasse &

Anthony Ludovici Requested Action/Description: To vacate and abandon

approximately 120 linear feet of a 15-foot alley, lying between N.E. 2nd Street and East Hillsboro Boulevard.

Location: 106-124 N.E. 4th Avenue and 125

N.E. 5th Avenue Legal Description: Per metes and bounds parcels more

particularly described in the file. Size: 0.04-acres Existing Zoning: RS-5 (Single-Family) and RM-10

(Multi-Family) Existing Land Use: Unimproved City alley Future Land Use Plan Designation: Residential low and Residential

moderate

General Information


Surrounding Land Use and Zoning:

Existing Land Use Zoning North: Duplex & Single-Family

Residential RS-5 & RM-10

East: Single-Family RS-5 South: Duplex & Single-Family

Residential RS-5 & RM-10

West: Duplex residential RM-10 Applicable Regulations: Deerfield Beach Land Development

Code Plat Restrictions: None

Planning & Zoning

BACKGROUND: On October 18, 2011, the City Commission approved two applications to vacate and abandon an unimproved portion of Northeast 1st Street that was contiguous to Lots 9 and 10, Block 7 DEERFIELD DEVELOPMENT & LAND COMPANY SUBDIVISION. This is a request to vacate and abandon the unimproved alley behind and adjacent to the subject properties, thereby allowing the three platted lots to have adjoining rear property lines, rather than be separated by a 15-foot wide City alley. COMMENTS AND REQUIREMENTS 1. Compliance with the Comprehensive Plan: - Per Section 98-9, no permit or approval

for development of land shall be approved which does not comply with the goals, objectives and policies (GOPs) of the Deerfield Beach Comprehensive Plan. The Future Land Use (FLU) Map designation for this application is Residential Low (5 du/acre) and Residential Moderate (10 du/acre). These residential land use categories permit the existing duplex and single family uses on the adjacent parcels. While the size of the residential lots would increase with the abandonment of the alley, their residential density would remain the same, since density is calculated in gross acres with includes the alley. Therefore the application is in compliance with the Deerfield Beach Comprehensive Plan.

2. Compliance with the Land development Code: The official zoning map separates the RS-5, residence, single family and R-10 residence, multi-family zoning districts along the proposed alley parcels lines with ½ of the alley joining the RS-5 parcel and ½ joining to RM-10 parcels. Therefore the new expanded residential parcels will be consistent with their existing zoning.

Department Comments & Requirements


SUMMARY: Staff’s review of application 13-A-182 has found that the proposed abandonment is consistent with the Future Land Use Element of the Comprehensive Plan, and that the abandonment is consistent with the City’s Official Zoning map.

City Landscape Architect No comment. Engineering Division, Public Works & Environmental Services

Approved as submitted. Sanitation Division, Public Works & Environmental Services No comment. Fire/Rescue No comment.

This report contains the requirements of the Deerfield Beach Development Review Committee members relative to this site development plan application. If there are any questions or issues regarding compliance with any of the requirements in this report, the respective department should be contacted directly.



APPLICATION 13-B1-195 Applicant: THE KEITH CORPORATION, represented by Eric Larson

Proposal: To construct a 25,018 square-foot medical office building. Location: The property is described as a 1.82-acre parcel property described as a portion of

Parcels A and B of the DEER CREEK BANK plat, located at 3313 W. Hillsboro Boulevard.

REQUESTED ACTION: This item is deferred to the September 5th meeting at the applicant’s request. Therefore, no back-up information is attached.



LAND DEVELOPMENT CODE AMENDMENT Applicant: CITY OF DEERFIELD BEACH

Proposal: Amendment to the Land Development Code pertaining to sign regulations in areas of special interests.


The portion of the Land Development Code containing sign regulations has a section on “areas of special interest” wherein unique areas of the City for which special sign allowances are appropriate are addressed. This amendment adds the Florida Atlantic Research Park to the list of areas of special interest and incorporates unique sign regulations appropriate to the park and to its location closely abutting I-95.

REQUESTED ACTION: Recommendation to the City Commission on the proposed Land Development Code amendment.

ATTACHMENT: The proposed ordinance amending the Land Development Code.

1 GM:13962014:5

ORDINANCE ________

AN ORDINANCE OF THE CITY OF DEERFIELD BEACH, FLORIDA, AMENDING CITY OF DEERFIELD BEACH LAND DEVELOPMENT CODE, CHAPTER 102, SECTION 102-8(e) TO ADD A SECTION FOR SIGNS ALLOWED IN THE RESEARCH PARK AT FAU; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 102-8(e) of the City of Deerfield Beach Land Development Code contains provisions for signage in areas of special interest; and WHEREAS, the City of Deerfield Beach in collaboration with Florida Atlantic University has established the Research Park at FAU in the City of Deerfield Beach; and WHEREAS, the Research Park at FAU is a definable district with strategic location and economic advantage which warrants special consideration; and WHEREAS, the Research Park at FAU is adjacent to two frontages, I-95 and FAU Boulevard; and WHEREAS, it is the intent of the City of Deerfield Beach to establish specific guidelines that apply only to the signage located in the Research Park at FAU; and WHEREAS, these sign guidelines shall supersede any sign regulations in the Code related to signs in Community Facility zoning districts that applied to the Research Park at FAU prior to the adoption of this Ordinance; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA: SECTION 1. That the City of Deerfield Beach Land Development Code, Chapter 102 is hereby amended to add Section 102-8(e)(4) as follows:

(4) Research Park at FAU. The following signs are permitted in the Research Park at FAU which is operated in accordance with Chapter 159, Part V, Florida Statutes, notwithstanding any provisions to the contrary in this Code:

a. One freestanding sign with internal illumination fronting I-95 and set back a minimum of 10

feet from the adjacent public right-of-way which is not off-premises signage and meet all the following requirements: 1. Maximum height not to exceed 35 feet measured from the crown of the highest adjacent

right-of-way. The area of each sign face shall not exceed 120 square feet and a maximum of two sign faces are permitted per sign.

2. The width of the sign base shall be at least 20% of the width of the sign face or the minimum required to meet wind load specification, whichever is greater.

3. The sign shall only identify a business (or businesses) located on the same lot (provided the message may, at any time be converted to a noncommercial message unrelated to the business). The sign shall identify the City of Deerfield.

b. One freestanding monument sign which meets all of the following requirements shall be allowed for each vehicular access to the Research Park from FAU Boulevard:

1. Maximum height not to exceed 10 feet measured from the crown of FAU Boulevard.

2 GM:13962014:5

2. The area of each sign face shall not exceed 40 square feet and a maximum of two sign faces are permitted per sign.

3. The maximum area of the sign structure shall be 80 square feet.

4. Minimum setback from FAU Boulevard right-of-way shall be 20 feet.

c. Each building shall be allowed a total of three internally illuminated building signs with only one sign per building face which meet all the following requirements :

1. One sign with a maximum area not greater than 150 square feet and a maximum length of

35 feet or 25% of the length of the building face upon which the sign is located. This sign shall not be located on an easterly facing building face.

2. Two building signs shall be limited to 100 square feet each with a maximum length of 25

feet or 25% of the length of the building face upon which the sign is located.

d. If any free standing sign shall ever be deemed, in any court or administrative proceeding, to be a billboard, then the freestanding sign shall be considered prohibited and removed at the owner’s expense.

SECTION 2. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. SECTION 3. This ordinance shall take effect immediately upon its passage and adoption. PASSED ON FIRST READING THIS ______ DAY OF ___________________, 2013. PASSED ON SECOND READING THIS ______ DAY OF ___________________, 2013. MAYOR/COUNCIL MEMBER ATTEST: CITY CLERK APPROVED THIS ______ DAY OF _________________, 2013

Documents

AGENDA PLANNING AND ZONING BOARD CITY OF DEERFIELD BEACH