Loading...
REVIEW COMMENTS DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-026 FROM Chair and Members Planning an~;r~ent Board Dick HUdso~ ~ Senior Planner L' f((Yf- Michael W. Rumpf Director of Planning and Zoning TO: THROUGH: DATE: January 26, 2005 SUBJECT: Live/Work Units in Suburban Mixed Use Developments NATURE OF REOUEST Town & Country Homes - Florida is requesting that the City initiate a code review for amendments to the SMU Suburban Mixed Use development regulations to allow Live/Work units as a permissible use within the SMU district, subject to criteria. BACKGROUND Live/Work Units are generally described as buildings or spaces that are used jointly for commercial and residential purposes. The idea is not new; throughout history there are examples of "living above the shop." By creating opportunities for this type of activity in residential areas within mixed use developments we also provide additional opportunities to reduce dependence on the automobile to reach some business and professional services. When regulations for the Mixed Use-High Intensity and Low Intensity zoning districts were amended in 2004, provisions were included to allow for live/work units; however, in that instance, the emphasis was on limiting the "live" portion of the structure in the commercial center of the coastal area. With the request under consideration, the emphasis is focused on limiting the "work" portion of the structure. There are numerous examples of live/work regulations across the country, particularly in larger cities. In Palm Beach County, three examples were examined, notably West Palm Beach, Delray Beach and Jupiter and are briefly discussed below. West Palm Beach allows "limited office uses" in specific redevelopment areas of the downtown, specifying that the uses are secondary to the residential uses and limits them to no more than 35% of the net interior area of the structure. The allowable uses include offices for agents, architects, artists, brokers, dentists, doctors, lawyers, and other similar uses. The parking regulations require a minimum of one space per dwelling unit and an additional two spaces for the limited office use. Page 2 CDRV 05-002 Live/Work Units in SMU Delray Beach has adopted a "Residential Office" zoning district to be used as a transitional use between commercial or industrial districts and residential districts, or used as an incentive in older residential districts needing redevelopment. The regulations allow business and professional office uses. Structures in the district can contain either a residential use, and office use, or a mix of uses; however, the appearance must be residential in character. The City also has regulations specific to the Old School Square Historic Arts District, that allow a broader range of commercial uses, including restaurants, retail specialty shops, and art-related sales, as well as single family residential uses. Residential and commercial uses may be located in the same structure or on the same property, provided the owner of the parcel occupies either the business or the residence, or an employee of the business occupies the residence. There are no size limitations on either the residential units or the commercial spaces. Jupiter's regulations were developed for the Abacoa development, which is similar in nature to the Boynton Beach Suburban Mixed Use developments. Jupiter limits the number of live/work units to 3% of the total residential units in a neighborhood and requires that they front on a central neighborhood public square. The work portion of a townhouse dwelling is limited to the ground floor and must meet the Florida Industrial Building Code requirements at time of construction. The commercial area is limited to 1,500 square feet. One of the persons who work in the commercial operation must reside full-time in the residential portion of the townhouse and up to four other persons may work in the unit. Verification of residency is required upon annual renewal of the Occupational License for the unit. Deliveries to the commercial use are limited to 9:00 am - 6:00 pm and parking requirements are based on the square footage of commercial use plus the required parking for the residential unit. ANALYSIS The proposed live/work regulations for the SMU district (Exhibit "A") limit the area of the "work" portion to 30% of the unit or 400 square feet, whichever is greater, restricting it to the ground level and not allowing it to occupy garage or living spaces. The space must meet the Florida Building Code requirements for mixed occupancy buildings. Locations are limited to the perimeter of the residential project or along the project's principal roadway and, where possible, adjacent to perimeter or external roadways to minimize impacts on the greater neighborhood. "Work" uses are limited to professional or business services or tutoring as listed in the ordinance. Employment for each unit is limited to two on-site workers at anyone time, in addition to resident(s) of the "live" portion of the unit. The worker residing in the unit would maintain the occupational license for the business and must acknowledge the employee limitation at the time of application for the license. "Work" units may not be rented separately from the living space. In addition to the two parking spaces required for the residential unit, one additional parking space would be available for each two "work" units and may be located either on the lot, built into the structure or within 300 feet of the unit. Signage is limited to one wall plaque, two square feet in copy area. RECOMMENDATION It is staff's opinion that the proposed amendments will provide an additional opportunity for locating small and low-intensity commercial uses in residential portions of mixed use developments, which may be more intense than typical home occupations, but because of the Page 2 CDRV 05-002 Live/Work Units in SMU size limitations, are not as intense as the full range of uses permitted in the office commercial district. The proposed regulations and locational criteria are sufficient to provide adequate controls to ameliorate any negative effects. Therefore, staff recommends approval. If changes to the proposed amendment are recommended by the Planning and Development Board or required by the City Commission, they will be added as Exhibit "B". Exhibits J:\SHRDATA\PLANNING\HUDSON\CODE REVIEWS CDRV\CDRVSTAFFREPT.DOC EXHIBIT A TABLE 6H-l SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY~ AND CONDITIONAL USES USE GROUP/uSE SMU ZONE Residential or Lodging Use Group Bed and Breakfast C Hotel C Home Occupation P Mobile Home N Motel N Residential, Single Family Detached P Residential, Single Family Attached P Residential, Multi-Family P Temporary Sales Office P Temporary Model Residences P Live/W ork Units p8 Boarding and Rooming House (except where provided by state law) N Accessory Unit P Communitv Facilities Use GrouD Government Office/Civic Center/Library P Recreation (outdoor) C Museum P House of Worship pi [REMAINDER OF TABLE UNCHANGED] Subiect to compliance with supplemental regulations in Section 5(b ). 5. Mixed Uses. a. Buildings containing residential and non residential nonresidential uses are encouraged within the SMU zoning district and subject to the same development standards as "all other uses." Residential uses within mixed-use structures, with the exception of designated live/work units, are encouraged not to be located on the ground floor, which shall be reserved for nonresidential uses. b. Nonresidential uses within mixed residential/ nonresidential structures shall be evaluated for their compatibility with residential uses located on upper floors, and shall demonstrate compatibility based upon use-type, construction materials, floor plan and site layout, and other reasonable factors as determined appropriate given the type of use. c. Live/Work Units. This subsection provides for the use of residential structures to accommodate live/work opportunities. Live/work units shall be specifically designated on the site plan. and complv with the following standards and requirements. These provisions are not applicable to dwellings or occupations that meet the definition of Home Occupation in section 11.D of this chapter. (1 ) Unit Requirements. (a) No more than thirty (30%) percent or four hundred (400) square feet. whichever is greater. of the live/work unit shall be utilized for working space. 1 s: \Planning\SHARED\ WP\PROJECfS\Renaissance Commons\CDRV05-002\Exhibit A.doc Working space shall be located on the ground level and shall not utilize garage or living spaces. (b) Each live/work unit shall be a separate unit from other uses in the building. The ground floor of all live/work units shall meet the Florida Building Code requirements for mixed occupancy buildings. Each unit, including the garage, shall be separated bv walls from other live/work units or other uses in the building. (c) Buildings designated as live/work shall provide universal accessibility to the front and to the interior space of the nonresidential area of the live-work unit from the public sidewalk adjacent to the street. (d) To minimize impacts to the greater neighborhood. units planned for live/work uses shall be located at the perimeter of the residential project or along the project's principal roadwav, and/or where possible, adjacent to perimeter/external rights-of-way. (2) Permitted Uses. Nonresidential uses that are permitted in live/work units are generally limited to professional service, business service, or tutoring services. A listing of common uses permissible in live/work units, subiect to issuance of occupational license are located in subsection 16, below. No work activity shall be permitted that by virtue of intensity or number of employees has the potential to create impacts bv reason of traffic, parking issues, hazardous materials, or excess waste. (3) Occupancy and Employees. No more than two (2) on-site employees, in addition to the resident(s) of the live/work unit, may undertake business activities from said unit. At least one resident of an individual live/work unit shall maintain a current occupational license for a business located in that unit. Acknowledgement, in the form of an affidavit, of the employee limitation shall be made by the unit resident, at the time of application for an occupational license. The work area shall not be rented separatelv from the living space. (4) Parking, The City encourages that one (1) parking space per two (2) live/work units be provided to meet business activity needs. Parking provided to meet this requirement shall be located on the lot, built into or under the structure. or within 300 feet of the unit in which the use is located. Parking provided to accommodate said space. including drivewavs of adequate depth in front of the unit's garage. shall not serve as meeting required parking for the unit's residential use. (5) Signage. One wall plaque shall be permitted per live/work unit. not to exceed two (2) square feet in sign copy area, in accordance with the applicable sign program. (6) Site Plan Requirement. All respective plan pages shall identify all proposed live/work units and buildings. Live/work units shall be tallied in the site plan tabular data. 15. Live/Work Unit Permissible Uses. The following list identifies the permitted uses within designated live/work units, subject to occupational license requirements: 2 s: \Planning\SHARED\ WP\PROJECTS\Renaissance Commons\CDRVOS-002\Exhibit A.doc BUSINESS SERVICE Business service - Addressing service/mailing list compiler Business service - Arbitrator, mediator service Business service - Cleaning services, maid. housekeeping. janitorial Business service - Commercial artist/design studio Business service - Commercial photography Business service - Computer programming service Business service - Computer software development Business service - Data processing Business service - Direct mail advertising services Business service - Editing, proofreading. typing service Business service - Paralegal Business service - Party supplies. rental/leasing (office only. no storage on site) Business service - Private investigator Business service - Recording service Business service - Secretarial service Business service - Boat broker (office only) PERSONAL SER VICE Personal service - Alteration. dressmaking shop. tailor PROFESSIONAL SERVICE Professional service - Abstract and/or title company Professional service - Accountant/income tax services Professional service - Adjusters. insurance Professional service - Advertising office Professional service - Appraiser Professional service - Architect Professional service - Attorney Professional service - Auctioneer (office only) Professional service - Author Professional service - Broker Professional service - Business analyst Professional service - Calculating and statistical service Professional service - Court reporting/stenographers Professional service - Credit reporting Professional service - Engineer's office Professional service - Importer/exporter (office only) Professional service - Insurance agency/bond office Professional service - Interior decorating Professional service - Loan companv office Professional service - Market research office Professional service - Model agencv Professional service - Notary Public office Professional service - Public relations office Professional service - Real estate sales/management office Professional service - Travel agency OTHER USES Tutoring or instruction (Academic. music. art) Art studio with ancillary sales 3 5: \Planning\SHARED\ WP\PROJECTS\Renaissance Commons\CDRV05-002\Exhibit A.doc Limited office use means, for downtown master plan purposes, residential premises used secondarily for the transaction of business or the supply of services, limited to the following: agent, architect, artist, broker, consultant, dentist, doctor, draftsman, dressmaker, engineer, interior designer, lawyer, notary public, teacher, and other similar occupations. Such use shall not simultaneously employ more than three full time employees. The total area of the use shall not exceed 35 percent of the net interior area of the residential unit. Certificates of use and occupancy shall be reviewed annually. (WPB Zoning Code) Live/work lofts means buildings or spaces that are used jointly for commercial and residential purposes. (WPB Zoning Code) c) Bui/ding use. Building type I buildings shall accommodate the following range of uses: (1) All stories of principal buildings shall be for single-family residential use, except in the area defined as the Providenci~",,~arkp~~!essional area, in which a compatible mixed use consisting of residential and .11_1~ uses up to 100 percent of the property without limitation of employees shall be a permitted use. In the defined area, no new parking lots may replace existing principal buildings. (2) Accessory uses of limited lodging or (!Ji_i shall also be permitted, with a maximum of one bedroom or one office accessory for each principal building. (3) There shall be off-street parking provided a minimum of,8ne se~,~,~",ger dwelling unit with an additional two spaces required in case of limited lodging or 'JIIIIIIIIlII use. Zoning Districts I The City of Deh-qy Beach Page 1 of3 (RO) Residential Office (A) Purpose and Intent: The Residential Office (RO) District provides for mixed use of a neighborhood office and residential nature. The RO District is appropriate as: (1) A transitional land use between a commercial or industrial area and a residential area; (2) An incentive zoning in older residential areas which are in the need of redevelopment or revitalization or are in a state of transition; (3) To accommodate professional offices which will meet needs of nearby neighborhoods. (B) Principal Uses and Structures Permitted: The following types of use are allowed within the RO District as a permitted use: (1) Single family detached dwelling units (2) Duplex structures and dwelling units (3) Business and professional offices (4) Abused spouse residence limited to forty (40) or fewer residents. (5) Funeral parlors, funeral homes (6) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. [Amd. Ord. 8-00 4/4/00] (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots. (2) Refuse and service areas. (3) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog runs, garages, greenhouses, guest cottages, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, workshops, swimming pools, and home occupations. (4) Family day care pursuant to restrictions set forth in 4.3.3(T) (Child care, up to five children). http://www.rnydelraybeach.comlDelray/Departments/Planning+and+Zoning/For+Resident...1/25/2005 Zoning Districts I The City ofDelr~y Beach Page 2 of3 (5) Foster Homes pursuant to 4.3.3(1). (0) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses: (1) Child care and adult day care (2) Alcohol and drug abuse treatment facilities (3) Bed and breakfast establishments (E) Review and Approval Process: (1) All residential uses allowed as a principal use or accessory use thereto shall be allowed upon application to and approval by the Chief Building Official for structures which require a building permit and which otherwise comply with applicable use restrictions. (2) For new development or the first time establishment of nonresidential approval must be granted by the Site Plan Review and Appearance Board pursuant to Sections 2.4.5(F), (H) and (I). (3) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (4) The creation of a new lot for the purpose of building a single family residence or establishing a principal use on its own parcel required platting pursuant to Section 2.4.5(J) or (K), as applicable. (F) Development Standards: The development standards as set forth in Section 4.3.4 shall apply. (8) 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) All uses shall be in completely enclosed buildings and any outdoor storage is expressly prohibited. (2) Parking required for business and professional offices shall be at the standard of one space per three hundred square feet of total floor area (1/300). However, this requirement may be reduced to 1/400, or at least by one parking space, when there is a mix of residential and office use in the same structure. http://www.mydelraybeach.com/Delray/Departments/Planning+and+Zoning/For+Resident...1/25/2005 Zoning Districts I The City ofDelr~y Beach Page 3 of3 (H) Special Regulations: (1) All buildings and structures shall appear to be residential in character regardless of the actual use therein, shall be kept in a sound and attractive condition, and in established neighborhoods shall be generally compatible in architectural style and scale with the surrounding area. (2) A building or structure in the RO District may contain either a residential use, an office use, or a mix of uses. (3) All parking for nonresidential principal uses and conditional uses shall be located in the side or rear yard or adjacent to a rear alley. No parking shall be located in the area between any street and the structure (building). Where there are existing buildings, administrative relief [Section 2.4.7(0)] may be sought from this subsection (3) provided it is determined that compliance with these provisions is not feasible and that the residential character of the area will be maintained and that such parking area shall be substantially screened from off-premises view by, at least, a four-foot high hedge. http://www.mydelraybeach.comlDelray/Departments/Planning+and+Zoning/For+Resident...l /25/2005 Jupiter Zoning Code -990.9.1.4 Neighborhood commercial, limited (NeL) use (Optiona/ use within the neighborhood (NB) subdistrict): Applicability. The neighborhood commercial, limited (NCL) use is optional within each neighborhood (NB) subdistrict. Either the developer of a neighborhood, or the Town Council, if determined to be necessary or appropriate to fulfill conditions of approval of the Abacoa DRI DO and the general intent of the NB subdistrict have, the option to include or allocate land in accordance with this section adjacent to and in the central neighborhood common use area for limited nonresidential activities. The optional NCL use area shall be designated on the subdistrict master site plan and individual master site plan at the time a site plan review application is processed. Purpose and intent. To provide the opportunity for areas adjacent to and within neighborhood common use areas to include limited and small scale commercial, retail and office components in the multiuse building of the central common use area or in a freestanding building in the common use area and in units primarily for use by the surrounding residential areas; to ensure that NCL uses assist in reducing traffic, and are not intrusive to a neighborhood. Design regulations. (a) Land al/ocations. Maximum of three percent of the units allocated in a neighborhood may be designated for neighborhood commercial, limited use with units that front the central neighborhood public square. (b) Location requirements. (1) Designation of the neighborhood commercial, limited use is subject to the following regulations: a. Only the lots that directly front the neighborhood public square may be designated NCL. Streets may intervene between the NCL tracts and the public square. b. This area shall not be more than 150 feet in depth surrounding the common use area(s). (c) unit building regulations. (1) Building allocation requirements. a. One hundred percent of the building's net area above as residential if attached to another unit A freestanding above the ground floor. b. Residential use shall be permitted on the ground floor, as an interim use that may be converted upon application to the Town, to non-residential sometime in the future, pursuant to Section 27-990.13, entitled the "Mixed use development subdistrict use classification. c. At a minimum, the ground floor of all NCL designated building(s) shall meet the Florida Industrial Building Code requirements at time of construction for mixed occupancy buildings. d. Each unit shall be separated by walls from other units or other uses in the building, and shall rovide the ability to construct separate entrances to each use in the future. e. Access to all units shall be clearly identified in order to provide for emergency services. f. NCL uses in a unit shall not exceed 1,500 s uare feet of gross floor area. g. Refer to Section 27-990.9.1.4(f) for the operation of a I,' unit. h. Applicants for a change in use permit to allow for NCL uses shall be required to pay impact and water fees. floor shall be designated unit may include NCL uses (f) Operation unit. (1) Prior to the issuance of an Occupational License for a non-residential use, the applicant shall apply to the Town for a change in use. (2) No portion of a unit shall be sold as a non-residential space for a person not living in the unit or as a residential space for a person not living in the same MXD zoning district, as established by the overall master (3) One of the persons who works in the unit must also reside, full-time in subject unit. Upon annual renewal of the Occupational License for the unit, the business owner must verification of residency to the Town. Up to four other persons may work in the unit. (4) Deliveries for non-residential uses in the unit and/or NCL use area shall be limited to the hours of 9:00 am to 6:00 pm. (5) units shall not be used for storage of flammable liquids or hazardous materials. units shall not be used for open flame work, such as welding or gas burners for cooking. (6) Uses creating an industrial type impact such as machinery, loud speakers and ringers, emission of fumes, or smoke that create noise, odors or vibration are prohibited. (g) Parking regulations. (7) Vehicle use areas shall not abut street intersections or be adjacent to common use areas (i.e., plazas, squares, parks, etc.), or occupy lots which terminate a street vista. (8) Refer to the Town Code, chapter 27, article X, division 11, entitled "Off-Street Parking" for parking requirements for each land use. G. SMU - Suburban Mixed Use Zoning District 1. Intent and Purpose. The Suburban Mixed Use zoning district, which shall only be applicable to lands located west of 1-95, allows for a diversity of land uses and accommodates and encourages a mixture of residential, office, retail, recreational, and other miscellaneous uses, which may be arranged either vertically or horizontally on assembled parcels along major arterials outside of the downtown redevelopment district. All development and redevelopment shall be guided by an approved plan through the use of the SMU master plan, planned unit development, conditional use, or other site plan reVIew processes. The objectives of the Suburban Mixed Use zoning district is as follows: a. Support and enhance development and redevelopment efforts in suburban areas outside of the downtown redevelopment area; b. Create major new mixed-use areas in planned locations with appropriate densities, heights, and mixtures of uses; c. Create attractive pedestrian environments through appropriate separation from and design of vehicular circulation areas; d. Provide public plazas and gathering places that are both well- designed and integrated into the overall design of the development; e. Allow flexibility in architectural design and building bulk; while maximizing compatibility and harmony with adjoining development; f. Create higher quality environments for residents, businesses, employees, and visitors; and g. Encourage innovative design that achieves vertical and horizontal integration of uses. 2. SMU - Suburban Mixed-Use Zoning District. a. In order to complement the redevelopment and envisioned growth of the suburban area, the SMU zoning district shall only be applied to lands west ofl-95 classified as Development of Regional Impact (DRI) or other land use classifications subsequently established on the Future Land Use Map. b. The SMU district is appropriate for low- to mid-rise developments that provide for medium density residential uses. The district allows a maximum height of fifty-five (55) feet and a residential density of20 dwelling units per acre for mixed-use projects. Building heights between 55 feet and up to 75 feet to the peak of the structure or any architectural details may be allowed only for interior buildings (those buildings separated from property line by another project building or use), if approved as a conditional use. The review of SMU applications will emphasize aesthetics and design quality, and physical compatibility with adjacent land uses. All new suburban mixed-use developments within this district shall front on a major arterial and contain a mixture of retail commercial, office and residential uses. April 7, 2004 3. Permitted Uses. The following table identifies the permitted, restricted and prohibited uses within the Suburban Mixed Use Zoning District. Uses are classified as Permitted "P", Conditional "C" or Not Permitted "N". Uses permitted with restrictions are followed by a numeral that corresponds to a footnote below the table. Each footnote explains restrictions associated with the use. The Planning and Zoning Director or designee shall have the discretion to approve uses that are not specifically listed but are similar to uses that are expressly permitted. TABLE 6G-l SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES USE GROUP/USE SMU ZONE Residential or Lodging Use Group Bed and Breakfast C Hotel C Home Occupation P Mobile Home N Motel N Residential, Single Familv Detached P Residential, Single Family Attached P Residential, Multi-Family P Temporary Sales Office P Temporary Model Residences P Boarding and Rooming House N (except where provided by state law) Accessory Unit P Government Office/Civic Center/Library P Recreation (outdoor) C Museum P House of Worship pI Police or Fire-Rescue Station P Postal Center (retail sales only) p2 Post Office P Public Park P Public Parking Lot or Garage P April 7, 2004 2 Office Use Group SMU ZONE Banks, Financial Institutions pL,) Medical or Dental Clinic pL Medical or Dental Office pL Physical Therapy Clinic pL Professional Business Office p2 Real Estate Office p2 Veterinary Office or Clinic p2 Sales and General Commercial Use Group SMU ZONE Alcoholic Beverage Package Store p2 Ammunition or Firearm Sale or Rental N Animal Boarding or Kennel (indoor only) pL Animal Grooming p2 USE GROUP/USE SMU ZONE Sales and General Commercial Use Group SMU ZONE Animal Sales/Pet Shops wN eterinary Facilities p2 Antique Mall/Flea Market N Arts, Crafts, Hobby and Framing p2 Auction House N Automotive Parts Sales w/out Service p2 Automobile Sales with Display N Bakery, Retail pL Bicycle Shop p2 Boat/Marine Sales/Rental N Boat/Marine Accessories p2 Bookstore pL Building Supplies or Materials N Bus Terminal N Camera and Audio Video Equipment p2 Contractor's Office/Equipment Storage N Coffee Shop p2 Convenience Store p2 Custom Furnishings and Antique Stores p2 Cyber-cafe p2 Delicatessen p2 Department Store <80,000 s.f. P Department Store >80,000 s.f. C/ Dive shop and Instruction as Accessory Use p2 Drug Store or Pharmacy p6,2 Gasoline Sales with/without Vehicle Service N Grocery Store, Supermarket pJ Fitness Center p2 April 7, 2004 3 USE GROUP/USE SMU ZONE Sales and General Commercial Use Group cont'd SMU ZONE Florist pZ Furniture Store pZ Hardware Store pT Health Food Store pZ Home Improvement Centers C7 Household Appliances and Parts p2 Jewelry or Cosmetics Store pT Linen and Household Goods pZ Luggage, Purses and Personal Gear p2 Lumber Yard N Membership Club C' Music Store pZ New Clothing, Shoes or Accessories pZ Newsstand pZ Office Supplies p2 Outdoor Storage or Display N Parking Lot for Commercial Vehicles N Parking Lot or Garage, Private Ownership P Personal Watercraft Sales, Rental, Service, Parts or p2 Repair Photographic Studio and Photographic Supplies p2 Restaurant, w/Drive Thru C5 Restaurant; Sit-Down P Specialty Foods and Confections pZ Sporting Goods p2 Television, Radio, Video and Stereo Equipment p2 Tobacco Accessories pL Toy Store pZ Vehicle or Marine Customizing, Detailing, Service, N Parts or Repair Video Rental p2 Wholesale/Warehouse/Distribution N Service Use Group SMU ZONE I Barbershop/Beauty Salon/Day Spa p2 Dance/Martial Arts Studio pL.- Dressmaker or Tailor pZ Drycleaner p2,4 Fitness Club p2 Funeral Home N Hospital N Labor Pool Establishments N April 7. 2004 4 Service Use Group cont'd SMU ZONE Laundromat p2 Medical Outpatient Facility C Nursery, Preschool or Child Daycare P Nursing or Convalescent Home N Photocopy Center p2 Self-Storage or Mini Warehouse C Shoe Repair pL Tattoo Parlor/Body Piercing N Soup Kitchens/Substance abuse Centers/ N Shelters/Half-way Houses USE GROUP/USE SMU ZONE Entertainment Use Group SMU ZONE Adult Entertainment N Bar, Cocktail Lounge p2 Billiard Club/Bowling Alley/Indoor P Recreation Facility Bingo Hall N Fortune Teller N Movie Theater p2 Night Club C Performing Arts Theater P Private Clubs, Lodges and Fraternal C2 Organizations Accessorv Use SMU ZONE I Drive- Thru Facility (other than accessory C' use to financial institutions, pharmacies and restaurants) Restriction Notes: 1 Use shall be subject to the following distance separation requirements from similar uses, measured in a straight line, using the shortest distance between property lines: For uses with less than 5,000 square feet of gross floor area, 750 feet. For uses with a gross floor area equal to or greater than 5,000 gross square feet, 1,500 feet. Must be integrated into a commercial or mixed use development and for any single business, not exceed 30 percent of the gross floor area of the mixed-use development. Gross floor area of grocery store must be a minimum of20,000 square feet and a maximum of 80,000 square feet. On-site drop-off and pick-up only. Drive-thru facility, including stacking lanes, must be screened from public right-of-way and requires conditional use approval. Indoor storage/display shall not exceed 20,000 square feet. 2 3 4 5 6 April 7, 2004 5 7 Maximum footprint is 120,000 s.f. Elevations to be enhanced with appropriate design elements to break up large wall expanses (i.e. articulation, windows, columns, varied rooflines, etc.). 4. Building and site regulations. Minimum Parcel Size SMU ZONE Residential or Lodging Use Group Hotel 3 acres 1 Residential, single Family Detached 5,000 sq. ft. Residential, Single Family Detached w/ Accessory 7,500 sq. ft. Unit Residential, Single Family Attached 2,500q. ft. Residential, Multi-Family 15,000 sq. ft. Community Facility Use Group Public Park . . no mInImUm All other Use 10,000 sq. ft. 1 Or part of a mIxed use project at least 3-acres In SIze Maximum Density/Intensity SMU ZONE Maximum F .A.R. (excluding parking structures) 1.0 Maximum Density 20 du/ac Minimum Usable Open Spacel SMU ZONE Residential, Single Family Detached2 40% Residential, Single Family Attached2 30% All Other Uses3 20% Usable Open Space shall prov1de act1ve or paSSIve recreatlOnal space and shall not be occupied by water bodies, streets, drives, parking areas, or structures other than recreational structures At least 50% of the required usable open space for single family residential uses shall be contained in one or more common pooled areas and a rectangle inscribed within each common pooled area shall have no dimension less than seventy-five feet. Up to 50% of the usable open space required for All Other Uses may be hardscaped plazas and public gathering places. 2 3 Minimum Living Area SMU ZONE Single Family Detached 1,200 sq. ft. All other Residential 750 sq. ft. Accessory Apartment 750 sq. ft. April 7, 2004 6 Minimum Lot Frontage SMU ZONE Residential Or Lodging Use Group Residential, Single Family Detached 50 ft. Residential, Single Family Attached (Duplex) 75 ft. Residential, Single Family Attached (Townhome) 20 ft. Residential, Multiple-Family 100 ft. All Other Uses 100 ft. Maximum Height SMU ZONE I Residential Or Lodging Use Group Residential, Single Family Detached 35 ft. Residential, Single Family Attached (Duplex) 35 ft. Residential, Single Family Attached (Townhomes) 45 ft. 1 Residential, Multi-Family 55 ft.1,2 All Other Uses 55 ft.1,2 Minimum Height 35ft.3 (25 ft)4 3 Where adjacent to developed single-family residential zoning districts, Height Setback Envelope shall apply. Maximum of 75 feet with conditional use approval. Exceptions to the maximum height shall not be allowed. Setback from property boundary is three times the building height. If property abuts single-family residential or arterial roadway, building shall be separated from property line by another proj ect building equal to or less than 55 feet in height. Applies to any fa9ade with "arterial roadway" frontage. Multiple story buildings are encouraged along arterial roadways. The intent of this provision is to create the appearance, or simulate the intensity of, a minimum two (2)-story building. Conditional use approval required if less than the 35 ft minimum. 2 4 FRONT YARD SETBACK SMU ZONE Residential Or Lodging Use Group: Residential, Single Family Detached build to line 10 ft. 1 Residential, Single Family Attached build to line 10ft.1 Residential, Multi-Family build to line 10ft. 2, 4, ;, All Other Uses including mixed use with a residential 10 ft!;-4, 5. component - build-to line Porches may be placed forward of the build to line and shall maintain a minimum 2 foot setback from any public sidewalk. Porches shall be placed outside of clear sight triangle. Minimum setback for a garage facing or accessing the street is 20 feet. Where less than 20 feet, garage access required from side or rear. April 7, 2004 7 2 5 Projecting feature(s) such as awnings, balconies, porches and/or stoops may be placed forward of the build-to line and shall maintain a minimum 2-foot setback from any public sidewalk. One or more projecting feature(s) such as awnings, balconies, colonnades porches and/or stoops required forward ofthe build-to line and shall maintain a minimum 5-foot clearance from any vehicular use area. Elements projecting over a pedestrian walkway shall allow a minimum 9- foot vertical clearance and 5 foot horizontal pedestrian clearance. Front yard build to line along major arterial roads, a maximum of 90 feet inclusive of a 25-foot landscape buffer. Where adjacent to developed single-family residential zoning districts, Height Setback Envelope shall apply. 3 4 SIDE YARD SMU ZONE Residential Or Lodging Use Group Residential, Single Family Detached, Interior 7 'li ft. or 0/10 ft Comer 15 ft. End 10ft. Residential, Single Family Attached (Duplex) Comer 15 ft. Residential, Single Family Attached (Townhomes) End 10ft. Comer 15 ft. Residential, Multi-Family 10ft.1 All Other Uses o ft.l REAR YARD SMU ZONE Residential, Single Family Detached 7.5 ft. Residential, Single Family Attached 7.5 ft. Residential, Multi-Family 15ft.1 All Other Uses Oft. I Where adjacent to developed single-family residential zoning districts, Height Setback Envelope shall apply. a. Building Height Measurement. Building height shall be measured from the lowest point at the common property line or from the minimum base flood elevation as established by FEMA, whichever is highest, to peak of the structure, including any architectural details, rooftop equipment, stairwells, elevator shafts, etc. b. Height Setback Envelope: minimum building setbacks based on building heights. The height setback envelope is applicable where the SMU development is adjacent to a developed single-family residential zoning district. This minimum setback shall be 3 times the building height for any multi-family or non-residential structure. The setback shall be measured from the common boundary of the SMU and April 7. 2004 8 the single-family residential zoning district or the midpoint of any intervening right-of- way. 5. Mixed Uses. Buildings containing residential and non-residential uses are encouraged within the SMU zoning district and subject to the same development standards as "all other uses". Residential uses within mixed-use structures, with the exception of designated live/work units, are encouraged not to be located on the ground floor, which shall be reserved for nonresidential uses. Nonresidential uses within mixed residential/nonresidential structures shall be evaluated for their compatibility with residential uses located on upper floors, and shall demonstrate compatibility based upon use-type, construction materials, floor plan and site layout, and other reasonable factors as determined appropriate given the type of use. 6. Landscaping. The landscaping requirements for the SMU District are supplementary to those requirements set forth in Chapter 21 of the Boynton Beach Land Development Code. a. SMU District. · Trees. All new construction in the SMU District shall provide shade trees in the streetscape. . The trees selected shall be consistent with the established theme of the street, where appropriate. The City Forester will provide consultation on appropriate species. . Trunks shall be a minimum four (4) inch caliper measure at DBH. In addition, there shall be no branches below four (4) feet for visibility. . In instances where canopies of overhangs make it infeasible to plant trees, alternative means of providing landscaping for the sidewalk shall be utilized. . Small flowering trees shall be planted under overhead utility lines. . Upon inspection by the City Forester, any trees found to be in declining condition shall be replaced within thirty (30) days. b. Tree Spacing . Trees along all street rights-of-way are required and shall be regularly spaced. The spacing of the trees shall be a minimum of 30 feet on center for trees meeting only the minimum caliper requirement. The City Forester shall approve any increase in spacing for trees exceeding the minimum caliper. . Spacing may be modified to allow for the creation of vistas, where appropriate, or by factors such as the placement of utilities, by property access points, sight lines at comers or by comer conditions. April 7, 2004 9 . Tree placement shall match the existing pattern, where appropriate. c. Tree Irrigation. . Low volume design irrigation systems shall be installed to service all trees with bubblers and other landscape materials with sub-irrigation design. . Irrigation systems shall be in operable condition at all times. d. Sidewalks . Sidewalk accents via pavers or stamped colored concrete shall be utilized in all central pedestrianways of mixed-use development areas only. e. Flower Containers . To add color and soften internal sidewalk paving with plants, flower containers containing blooming annuals or perennials are encouraged to be planted and maintained along facades of all central mixed-use areas in the SMU District. f. Perimeter Buffer . A minimum perimeter buffer 25 feet in width shall be provided surrounding the project. All buffers abutting the right- of-way of arterial roadways shall include a landscaped berm. 7. Parking Requirements. Parking requirements for the SMU zoning district shall be set forth by Chapter 2, Section 11 H, of the Boynton Beach Land Development Code. a. Parking for mixed-use developments may utilize shared parking ratios, consistent with those prepared by ULI- the Urban Land Institute. Supporting documentation from this standard book shall be presented with a shared parking analysis at the time of technical site plan approval. b. Freestanding parking garages as part of a multi-family residential or mixed-use development are permitted within the SMU Zone. Within the SMU Zone, freestanding parking garages shall not have direct frontage on major roadways unless a portion of the garage abutting said streets contains storefronts, restaurants or other permitted nonresidential uses, or residential uses on the first floor. The intent is to attempt, where possible, to border or wrap the garage in storefronts and other permitted habitable floor area so as to disguise the garage and create continuity in street-level activity by maintaining interest for pedestrians and passing automobile traffic. Principal structures that include parking garages shall be designed to blend the architecture of the garage with the remainder of the structure or adjacent buildings. Portions of freestanding parking garages that are not screened with habitable space and are in view from the April 7, 2004 10 general public shall utilize design measures such as shutters, planter boxes, tall landscaping, etc. to soften their impact. c. Parking garages that are incorporated into the same structure as a principal building, including structures providing parking on lower floors and habitable space on upper floors, are permitted within the SMU Zone. Understory parking is permitted throughout the SMU Zone for multiple-floor buildings. Such parking areas shall be screened from view by landscaping, buildings, and/or architecturally articulated fa<;ade designed to screen the parking area. d. In order to increase the efficiency of parking provision and vehicle circulation, parking facilities shall be interconnected whenever possible. 8. Dumpster Location. Dumpsters shall be adequately screened from view in accordance with the provisions of the Land Development Regulations, or compatible with the surrounding environment if located out of view from the general public. 9. Signage. Chapter 21, Signs, shall govern signage along the major arterials, except as otherwise approved within a master signage program for the SMU development project. 10. Minimum Project Size. A minimum of 10 acres shall be required for any project developed under the provisions of the SMU regulations. 11. Master Plans for Phased Projects. The procedures for zoning of land to SMU district shall be the same as for planned zoning districts. To promote and encourage development in this form where uses may be integrated horizontally and vertically within structures as coordinated units, a SMU master plan, including multi-year phases, shall be submitted and reviewed for approval at the time of rezoning to SMU. a. In addition to the information required for application for zoning generally, the applicant shall submit a SMU master plan containing the following materials or data: 1. The title of the project and the names of the professional project planner and the developer; 2. Scale, date, north arrow and general location map; 3. A current survey, sealed, that includes the boundaries of the property involved, all existing streets, buildings, water courses, easements, section lines and other existing important physical features in and adjoining the project; 4. Master plan locations of the different uses proposed, including open space or common areas, recreational facilities, residential areas, commercial uses, office uses, other permitted uses, and areas to be developed with integrated mixed-use structures; April 7. 2004 11 5. Master plan generally showing access and traffic flow to each parcel; 6. Tabulations of total gross acreage in the development and the percentages thereof proposed to be devoted to the several land use types, 7. Tabulations demonstrating the proposed! numbers of dwelling units, square footage of commercial, office and other uses, and, 8. Architectural design standards showing the following: design themes to be followed, building colors and color pallet options, maximum building heights, and color elevation renderings depicting representative design concepts. b. Procedures. On application of master plan approval for a SMU project, the planning and development board and City Commission shall proceed in general as for other applications for planned zoning districts. 13. Master plan modification. Following approval of a master plan for a SMU, subsequent modifications may be processed by the TRC portion of the site plan review process as long as the proposed changes do not increase or decrease the total square footage for office or retail uses, or dwelling units by more than 30%, do not require a Notice of Proposed Change to a Development of Regional Impact as defined in Florida Law, or lower the overall standard of the master plan as defined by public plazas and open space, architectural design characteristics, building placement and massing, or location of land uses. Non-substantial modifications will not extend time limitations for development of property as stipulated in LDR Chapter 2, Section 9, paragraph C13. 14. Site Plans. Site plans for development of land zoned SMU shall be processed in accordance with procedures established in the City's Land Development Regulations. The site plan application data shall be in substantial compliance with the Master Plan submitted as a part of the application for zoning to SMU. In addition to the requirements of the Land Development regulations determined to be applicable, the following information shall be provided: a. BUILDING LOCATIONS AND ARCHITECTURAL ELEVATIONS of all structures proposed except for single-family detached homes which are a part of the project shall be depicted on the site plan or and the supplementary materials required. b. LANDSCAPE plan depicting existing and proposed vegetation and locations thereof on the site, consistent with the requirements of Chapter 4 of the City's Land Development Regulations. 1 subject to changes in use category at time of technical site plan approval April 7, 2004 12 c. FENCE, WALL AND PLANTING SCREEN locations, heights and materials. d. TABULATIONS analyzing the number of total gross acres in the project and the percentages thereof proposed to be devoted to the dwelling types, nonresidential uses, other accessory structures, off-street parking and off-street loading, streets, recreation areas, parks, schools and other reservations. Tabulations of total number of dwelling units in the project by types and the overall project density in dwelling units. Tabulations of floor area of nonresidential uses and the overall project intensity. Floor area as computed from FAR, shall include the floor area of all permitted principal or accessory uses except areas for parking, storage, elevator hoist equipment or machinery, heating or air conditioning equipment, stairwells and towers, and the like; and requirements deriving from floor areas shall include such floor area. e. COMMON AREAS. Once a master plan and boundary plat approval has been obtained the applicant shall proceed in accordance with the requirements of the subdivision regulations, determined to be applicable. In addition to the plat certificates specified in the city subdivision regulations and prior to recording a final plat, the developer shall file, a legally constituted maintenance association agreement for improving, perpetually operating, and maintaining the common facilities; including streets, drives, parking areas, plazas and open space and recreation facilities; or he shall file such documents as are necessary to show how the said common areas are to be improved, operated or maintained. Such documents shall be subject to the reasonable approval of the city attorney. 15. Once a master plan has been approved in a SMU district, the designated parcels may be platted as a boundary plat for the purpose of a sale to a 3 rd party purchaser. Each parcel that is platted will be subject to technical site plan approval as provided in the City's code. This boundary plat may be processed simultaneously with the SMU master plan or a SMU master plan modification. April 7. 2004 13 The definition of "mixed use development" contained in Chapter 2, Zoning, Section 6.F.13 is hereby revised to read: Mixed Use Development: a combination of two or more uses on a single parcel, tract or development pod. In the Urban Mixed Use-Low Intensity and the Suburban Mixed Use zoning districts, mixed-use can refer not only to uses within single buildings, but to different uses mixed in close proximity in a single development. S: IPlanning\SHAREDI WP\SPECPROJ\CODE REVIEWlCDRV -SMUlSuburban Mixed Use-Adoption. DOC April 7, 2004 14 5. Mixed Uses. a. Buildings containing residential and non residential nonresidential uses are encouraged within the SMU zoning district and subject to the same development standards as "all other uses." Residential uses within mixed-use structures, with the exception of designated live/work units, are encouraged not to be located on the ground floor, which shall be reserved for nonresidential uses. b. Nonresidential uses within mixed residential/nonresidential structures shall be evaluated for their compatibility with residential uses located on upper floors, and shall demonstrate compatibility based upon use-type, construction materials, floor plan and site layout, and other reasonable factors as determined appropriate given the type of use. c. Live/Work Units. This subsection provides for the use of residential structures to accommodate live/work opportunities. Live/work units shall be specifically designated on the site plan, and complv with the following standards and requirements. These provisions are not applicable to dwellings or occupations that meet the definition of Home Occupation in section 11.D ofthis chapter. (1 ) Unit Requirements. (a) No more than thirtv (30%) percent or four hundred (400) square feet. whichever is greater, of the live/work unit shall be utilized for working space. Working space shall be located on the ground level and shall not utilize garage or living spaces. (b) Each live/work unit shall be a separate unit from other uses in the building. The ground floor of all live/work units shall meet the Florida Building Code requirements for mixed occupancy buildings. Each unit, including the garage, shall be separated by walls from other live/work units or other uses in the 3 S:/calOrd/LDR Changes/Live-Work Units in SMU.doc Rev. 01-26-05 building. (c) Buildings designated as live/work shall provide universal accessibility to the front and to the interior space of the nomesidential area of the live-work unit from the public sidewalk adjacent to the street. (d) To minimize impacts to the greater neighborhood, units planned for live/work uses shall be located at the perimeter of the residential project or along the project's principal roadway, and/or where possible, adjacent to perimeter/external rights-of-way. (2) Permitted Uses. Nomesidential uses that are permitted in live/work units are generally limited to professional service, business service, or tutoring services. A listing of common uses permissible in live/work units, subject to issuance of occupational license are located in subsection 16, below. No work activity shall be permitted that by virtue of intensity or number of employees has the potential to create impacts by reason of traffic, parking issues, hazardous materials, or excess waste. (3) Occupancy and Employees. No more than two (2) on-site employees, in addition to the resident( s) of the live/work unit. may undertake business activities from said unit. At least one resident of an individual live/work unit shall maintain a current occupational license for a business located in that unit. Acknowledgement. in the form of an affidavit. of the emplovee limitation shall be made by the unit resident. at the time of application for an occupational license. The work area shall not be rented separatelv from the living space. (4) Parking. The City encourages that one (1) parking space per two (2) live/work units be provided to meet business activity needs. Parking provided to meet this requirement shall be located on the lot, built into or under the structure, or within 300 feet of the unit in which the use is located. Parking provided to accommodate said space, 4 S:/calOrd/LDR Changes/Live-Work Units in SMU.doc Rev. 01-26-05 ORDINANCE NO. 05- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 2 ENTITLED "ZONING," SECTION 6.H ENTITLED "SMU-SUBURBAN MIXED USE ZONING DISTRICT" OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF BOYNTON BEACH, FLORIDA, PERMITTING LIVE/WORK UNITS, ESTABLISHING REGULATIONS GOVERNING LIVE/WORK UNITS, AND PROVIDING FOR PERMITTED USES IN THE SMU DISTRICT; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the proposed revisions to the Suburban Mixed Use zoning district to Part III of the City of Boynton Beach Code of Ordinances is an amendment to the Land Development Regulations requested by Town & Country Homes Florida; and WHEREAS, the City Commission deems the adoption of this Ordinance to be in the best interests of the citizens and residents of the City of Boynton Beach, Florida; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 2 entitled "Zoning," Section 6.H entitled "SMU - Suburban Mixed Use Zoning District" is hereby amended as follows: H. SMU- SUBURBAN MIXED USE ZONING DISTRICT 3. Permitted uses. The following table identifies the permitted, restricted.. and prohibited uses within the Suburban Mixed Use Zoning District. Uses are classified as 1 S:/calOrd/LDR Changes/Live-Work Units in SMU.doc Rev. 01-26-05 including driveways or adequate depth in front of the unit's-tarage, shall not serve as meeting required parking for the unit's residential use. (5) Signage. One wall plaque shall be permitted per live/work unit, not to exceed two (2) square feet in sign COpy area, in accordance with the applicable Slgn program. (6) Site Plan Requirement. All respective plan pages shall identify all proposed live/work units and buildings. Live/work units shall be tallied in the site plan tabular data. 15. Live/Work Unit Permissible Uses. The following list identifies the permitted uses within designated live/work units, subiect to occupational license requirements: BUSINESS SERVICE Business service - Addressing service/mailing list compiler Business service - Arbitrator, mediator service Business service - Cleaning services, maid, housekeeping. janitorial Business service - Commercial artist/design studio Business service - Commercial photography Business service - Computer programming service Business service - Computer software development Business service - Data processing Business service - Direct mail advertising services Business service - Editing, proofreading, typing service Business service - Paralegal Business service - Party supplies, rental/leasing (office only, no storage on site) Business service - Private investigator Business service - Recording service Business service - Secretarial service Business service - Boat broker (office only) PERSONAL SERVICE Personal service - Alteration. dressmaking shop, tailor PROFESSIONAL SERVICE Professional service - Abstract and/or title company Professional service - Accountant/income tax services Professional service - Adjusters, insurance Professional service - Advertising office Professional service - Appraiser Professional service - Architect Professional service - Attorney Professional service - Auctioneer (office only) 5 S:lcalOrdlLDR Changes/Live-Work Units in SMU.doc Rev. 01-26-05 Professional servfl.<:: - Author Professional service - Broker Professional service - Business analyst Professional service - Calculating and statistical service Professional service - Court reporting/stenographers Professional service - Credit reporting Professional service - Engineer's office Professional service - Importer/exporter (office only) Professional service - Insurance agencylbond office Professional service - Interior decorating Professional service - Loan company office Professional service - Market research office Professional service - Model agency Professional service - Notary Public office Professional service - Public relations office Professional service - Real estate sales/management office Professional service - Travel agency OTHER USES Tutoring or instruction (Academic. music. art) Art studio with ancillarv sales Section 3. Each and every other provision of the Land Development Regulations not herein specifically amended, shall remain in full force and effect as originally adopted. Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. This Ordinance shall become effective immediately. FIRST READING THIS _ day of ,2005. 6 S:/calOrd/LDR Changes/Live-Work Units in SMU.doc Rev. 01-26-05 SECOND, FINAL READING AND PASSAGE this day of ,2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk 7 S:lca/Ord/LDR Changes/Live-Work Units in SMU.doc Rev. 01-26-05 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-026 ;!)t at-- I jrId> ~.; ttP (uJI'> M)fU ~ of ( p.pucN'_A~ . ,.>Ia. ~~_ ~ ,u 6> TO: Chair and Members Planning and Development Board FROM Dick Hudson, AICP Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: January 26, 2005 SUBJECT: Live/Work Units NATURE OF REOUEST Town & Country Homes - Florida is requesting that the City initiate a code review for amendments to the SMU Suburban Mixed Use development regulations to allow Live/Work units as a permissible use within the SMU district, subject to criteria. BACKGROUND Live/Work Units are generally described as buildings or spaces that are used jointly for commercial and residential purposes. The idea is not new; throughout history there are examples of "living above the shop." When the regulations for Mixed Use-High Intensity and Low Intensity were amended in 2004, provisions were included to allow for live/work units; however, in that instance, the emphasis was on limiting the "live" portion of the structure in the commercial center of the coastal area. With the request under consideration, the emphasis is focused on limiting the "work" portion of the structure. There are numerous examples of live/work regulations across the country, particularly in larger cities. In Palm Beach County, three examples were examined, notably West Palm Beach, Delray Beach and Jupiter and are briefly discussed below. West Palm Beach allows "limited office uses" in specific redevelopment areas of the downtown, specifying that the uses are secondary to the residential uses and limits them to no more than 35% of the net interior area of the structure. The allowable uses include offices for agents, architects, artists, brokers, dentists, doctors, lawyers, and similar uses. The parking regulations require a minimum of one space per dwelling unit and an additional two spaces for the limited office use. Delray Beach has adopted a "Residential Office" zoning district to be used as a transitional use between commercial or industrial districts and residential districts, or used as an incentive in older residential districts needing redevelopment. The regulations allow business and Page 2 CDRV 05-002 Live/Work Units in SMU professional office uses. Structures in the district can contain either a residential use, and office use, or a mix of uses; however, the appearance must be residential in character. The City also has regulations specific to the Old School Square Historic Arts District, that allow a broader range of commercial uses, including restaurants, retail specialty shops, and art-related sales, as well as single family residential uses. Residential and commercial uses may be located in the same structure or on the same property, provided the owner of the parcel occupies either the business or the residence, or an employee of the business occupies the residence. There are no size limitations on either the residential units or the commercial spaces. ., . Jupiter's regulations were developed for the Abacoa d elopment, which is similar in nature to the Boynton Beach Suburban Mixed Use developme . Jupiter limits the number of live/work units to 3% of the total residential units in a nei borhood and requires that they front on a central neighborhood public square. The wo . of a townhouse dwelling is limited to the ground floor and must meet the Florida Industri uilding Code requirements at time of construction. The commercial area is limite 1,500 square feet. One of the persons who work in the commercial operation must reside full-time in the residential portion of the townhouse and up to four other persons may work in the unit. Verification of residency is required upon annual renewal of the Occupational License for the unit. Deliveries to the commercial use are limited to 9:00 am - 6:00 pm and parking requirements are based on the square footage of commercial use plus the required parking for the residential unit. ANALYSIS U' f'o,t 'OIl!. .5M u... 1>..11U The proposed live/work regulations (Exhibit "A'l"limit the area of the "work" portion to 30% of the unit or 400 square feet, whichever is greater, restricting it to the ground level and not allowing it to occupy garage or living spaces. The space must meet the Florida Building Code requirements for mixed occupancy buildings. Locations are limited to the perimeter of the residential project or along the project's principal roadway and, where possible, adjacent to perimeter or external roadways to minimize impacts on the greater neighborhood. "Work" uses are limited to professional or business services or tutoring as listed in the ordinance. Employment for each unit is limited to two on-site workers in addition to resident(s) of the "live" portion of the unit. The worker residing in the unit must maintain the occupational license for the business and must acknowledge the employee limitation at the time of application for the license. "Work" units may not be rented separately from the living space. In addition to the two parking spaces required for the residential unit, one addition parking space shall be available for each two "work" units and may be located either on the lot, built into the structure or within 300 feet of the unit. Signage is limited to one wall plaque, two square feet in copy area. RECOMMENDATION It is staff's opinion that the proposed amendments will provide an additional opportunity for locating small and low-intensity commercial uses in residential developments, which may be more intense than typical home occupations, but because of the size limitations, are not as intense as the full range of uses permitted in the office commercial district. The proposed regulations and locational criteria are sufficient to provide adequate controls to ameliorate any negative effects. Therefore, staff recommends approval. If changes to the proposed Page 2 CDRV 05-002 Live/Work Units in SMU amendment are recommended by the Planning and Development Board or required by the City Commission, they will be added as Exhibit "B", Exhibits J: \SH RDA T A \PLANNING\HUDSON\CODE REVIEWS CDRV\CDRVST AFFREPT. DOC EXHIBIT A TABLE 6H-l SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY1 AND CONDITIONAL USES USE GROUP/USE SMU ZONE Residential or Lodginl; Use Group Bed and Breakfast C Hotel C Home Occupation p Mobile Home N Motel N Residential, Single Family Detached p Residential, Single Family Attached P Residential, Multi-Family p Temporary Sales Office p Temporary Model Residences p Live/W ork Units p8 Boarding and Rooming House (except where provided by state law) N Accessory Unit p Communitv Facilities Use GrouD Government Office/Civic Center/Library p Recreation (outdoor) C Museum p House of Worship pI [REMAINDER OF TABLE UNCHANGED] ? 5. Mixed Uses. a. Buildings containing residential and non residential nomesidential uses are encouraged within the SMU zoning district and subject to the same development standards as "all other uses." Residential uses within mixed-use structures, with the exception of designated live/work units, are encouraged not to be located on the ground floor, which shall be reserved for nomesidential uses. b. Nomesidential uses within mixed residential! nomesidential structures shall be evaluated for their compatibility with residential uses located on upper floors, and shall demonstrate compatibility based upon use-type, construction materials, floor plan and site layout, and other reasonable factors as determined appropriate given the type of use. c. Live/Work Units. This subsection provides for the use of residential structures to accommodate live/work opportunities. Live/work units shall be specifically designated on the site plan, and comply with the following standards and requirements. These provisions are not applicable to dwellin~s or occupations that meet the definition of Home Occupation in section l1.D of this chapter. (1 ) Unit Requirements. (a) No more than thirty (30%) percent or four hundred (400) square feet, whichever is greater, of the live/work unit shall be utilized for working space. ~~11 ",,' A)\ ,,\ '~< ~ 1 5: \Planning\SHARED\ WP\PROJECTS\Renaissance Commons\CDRV05-002\Exhibit A.doc ~'1 'i' ~ Working space shall be located on the ground level and shall not utilize garage or living spaces. (b) Each live/work unit shall be a separate unit from other uses in the building. The ground floor of all live/work units shall meet the Florida Building Code requirements for mixed occupancy buildings. Each unit. including the garage, shall be separated bv walls from other live/work units or other uses in the building. (c) Buildings designated as live/work shall provide universal accessibility to the front and to the interior space of the nonresidential area of the live-work unit from the public sidewalk adjacent to the street. (d) To minimize impacts to the greater neighborhood, units planned for live/work uses shall be located at the perimeter of the residential project or along the project's principal roadwav, and/or where possible, adjacent to perimeter/external rights-of-way. (2) Permitted Uses. Nonresidential uses that are ermitted in . elwork units are enerall limited to rofessional service business servic or tutorin services. A listin of common uses ermissible in live/ :k nits sub' ect to issuance of occu ationallicense are located in subsection 16 elow. No work activity shall be permitted that by virtue of intensity or num r of employees has the potential to create impacts by reason of traffic, parking issues, hazardous materials, or excess waste. (3) Occupancy and Employees. No more than two (2) on-site employees, in addition to the resident(s) of the live/work unit. may undertake business activities from said unit. At least one resident of an individual live/work unit shall maintain a current occupational license for a business located in that unit. Acknowledgement. in the form of an affidavit. of the employee limitation shall be made by the unit resident. at the time of application for an occupational license. The work area shall not be rented separately from the living space. (4) Parking. The City encourages that one 0) parking space per two (2) live/work units be provided to meet business activity needs. Parking provided to meet this requirement shall be located on the lot, built into or under the structure, or within 300 feet of the unit in which the use is located. Parking provided to accommodate said space. including driveways of adequate depth in front of the unit's garage, shall not serve as meeting required parking for the unit's residential use. (5) Signage. One wall plaque shall be permitted per live/work unit, not to exceed two (2) square feet in sign copv area, in accordance with the applicable sign program. (6) Site Plan Requirement. All respective plan pages shall identifv all ro osed live/work units and buildin s Live/work units shall be tallied in the site plan tabular data. It; ? ",.p t.o4tT1o-N &f r~~ ~Q'~ ~r-rJ+-. 15. Live/Work Unit Permissible Uses. The following list identifies the permitted uses within designated live/work units, subiect to occupational license requirements: 2 5: \Planning\SHARED\ WP\PROJECfS\Renaissance Commons\CDRV05-002\Exhibit A.doc BUSINESS SERVICE Business service - Addressing service/mailing list compiler Business service - Arbitrator. mediator service Business service - Cleaning services. maid. housekeeping. ianitorial Business service - Commercial artist/design studio Business service - Commercial photography Business service - Computer programming service Business service - Computer software development Business service - Data processing Business service - Direct mail advertising services Business service - Editing. proofreading. typing service Business service - Paralegal Business service - Party supplies. rental/leasing (office only. no storage on site) Business service - Private investigator Business service - Recording service Business service - Secretarial service Business service - Boat broker (office only) PERSONAL SERVICE Personal service - Alteration. dressmaking shop. tailor PROFESSIONAL SERVICE Professional service - Abstract and/or title company Professional service - Accountant/income tax services Professional service - Adiusters. insurance Professional service - Advertising office Professional service - Appraiser Professional service - Architect Professional service - Attorney Professional service - Auctioneer (office only) Professional service - Author Professional service - Broker Professional service - Business analyst Professional service - Calculating and statistical service Professional service - Court reporting/stenographers Professional service - Credit reporting Professional service - Engineer's office Professional service - Importer/exporter (office only) Professional service - Insurance agency/bond office Professional service - Interior decorating Professional service - Loan company office Professional service - Market research office Professional service - Model agency Professional service - Notary Public office Professional service - Public relations office Professional service - Real estate sales/management office Professional service - Travel agency OTHER USES Tutoring or instruction (Academic. music. art) Art studio with ancillary sales 3 5: \Planning\SHARED\ WP\PROJECTS\Renaissance Commons\CDRVOS-002\Exhibit A.doc permitted "P", Con~_.lOnal "C", or Not Permitted "N". Use~ r'~rmitted with restrictions are followed by a numeral that corresponds to a footnote below the table. Each footnote explains restrictions associated with the use. The Planning and Zoning Director or designee shall have the discretion to approve uses that are not specifically listed but are similar to uses that are expressly permitted. TABLE 6H-l SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY.1 AND CONDITIONAL USES USE GROUPIUSE SMU ZONE Residential or Lodging Use Group Bed and Breakfast C Hotel C Home Occupation P Mobile Home N Motel N Residential, Single Farnilv Detached P Residential, Single Family Attached P Residential, Multi-Familv P Temporarv Sales Office P Temporary Model Residences P Live/Work Units P~ Boarding and Rooming House (except where provided by state law) N Accessory Unit P Government Office/Civic Center/Library P Recreation (outdoor) C Museum P House of Worship pi Police or Fire-Rescue Station P Postal Center (retail sales only) pL Post Office P Public Park P Public Parking Lot or Garage P [REMAINDER OF TABLE UNCHANGED] Restriction Notes: 8 Subiect to compliance with supplemental regulations in Section 5(b ). 2 S:/calOrd/LDR Changes/Live-Work Units in SMU.doc Rev. 01-26-05