Ord 12-11ORDINANCE NO. 12-11
AN ORDINANCE OF THE CI1"~' COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS BY ENACTING A NEW
SUCTION 4.3.3(1)), "COMMUNITY GGARDENS", TO PROVIDE
STANDARDS FOR SAME; AMENDING SECTIONS 4.4.3, "SINGLE
FAMILY RESIDENTIAL (R-1) DISTRICTS", SUBSECTION (B),
"PRINCIPAL USES 11ND STRUCTURES PERMITTED", 4.4.5, "I,OW
DENSI'I1' RESIDENTIAL (KL) DIS'I'RICl'", SUBSECTIONS (B),
"I'KINCIPAI, USES AND STRUCTURES I'F.RMI"I"TED" AND (C),
"ACCESSORY USES AND STRUCTURES PERMITTED", 4.4.6,
"MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT",
SUBSECTIONS (I3), "PRINCIPAL USES AND S"1'RUCTURES
PERMI"1`TED" AND (C), "ACCESSORY USF,S AND STRUCTURES
PERMITTED"; 'TO ADD COMMUNI'T`Y GARDENS TO THE LIST
OF PI~,IZMITTED USES AND AS ACCESSORY USES TO AN
APPROVED MUI:TI-FAMILY DEVELOPMENT; PROVIDING A
SAVING CI_.AUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and "Coning Board reviewed the proposed
text amendment at a public hearing held on April 25, 2011 and voted 6 to 0 to recommend that the changes
be approved; and
WHERF_,AS, pursuant to Florida Statute 163.3174(4)(c), the Planning and 7.oning Board, sitting as the
Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives
and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and
Z_.oning Staff Report; and
WHEREAS, the City Commission of the City of llelray Beach finds the ordinance is consistent with
the Comprehensive Plan.
NOW, "THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CI"1"Y OF
D1?I,RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
-a
Section 2. That Section 4.3.3(D), "Community Uardens" of the Land Development Regulations of
the City of Delray Beach is hereby enacted to read as follows:
~D~ Community Gardens
1) Puroose: It is the intent of this section to regulate Community Gardens which are
~re~paces that are communally cultivated and cared for. The intent of permitting community
gardens is to allow a €n~p of residents to grow produce and horticultural plants for their
consumption and enj~~ment without creating ad.-crse environmental impact or land use
incompatibilities. "17use spaces may consist of individually-worked plots, communally-tended areas
and sitting areas.
Appearance:
(a) All communit~,gardens on single-family lots within Single-Family Residential, I,ow
Density Residential, and Medium Density Residential zoning districts, shall require
administrative plan approval through the Community Improvement Department.
Communit~~ Gardens proposed on parcels other than single-family lots within
Multiple Family Residential Zoning districts shall require site plan modification
ap~-~roval thro~h the Planning and Zoning Department. The application shall
require the pro~ert~~ owners consent and the following items must be attached:
bout of~lots and other components proposed on the site of the community ~
,garden setbacks from adjacent ~rot~erties identification of water supplies,
established operatine rules identifying_thc governance structure of the garden and
maintenance and securit~~ responsibilities• contact information for the Person
responsible for the oversight of the garden.
(b) The owner of the propel on which the garden is located shall be responsible for
maintaining the property so that it does not become overgrown with weeds,
infested by invasive exotic plants or vermin, or a source of erosion or storm water
runoff If the ~o~ erty is not used as a community garden for 120 or more
consecutive days, the site shall be restored back to its pre-Community garden
condition.
General Rules & Regulations:
~ A Community Garden is not intended to be a commercial enterprise. Sale of
produce and plants at the site are .Prohibited.
fib) The raising of .poultry or other livestock, fish and the keeping of bees is
Prohibited.
ORD. N0.12-I1
~nthetic chemical materials and chemicals is Prohibited. The use of materials and
Practices used for organic Production (guidelines) is strongly encouraged.
The site shall be designed and maintained to Prevent drainage or runoff onto
adjacent Property.
~ The communit~~arden -shall grow at least four (4) different food crops and/or
non-food crops. No gardening activities shall take place before sunrise or after
sunset. 50% or more of the planting area shall be in production at all times.
(, fl The property owner shall be Prohibited from seeking an agricultural tax exemption
afforded by the local, state or federal tax regulations.
~) Site Standards:
(a) Communit~tlarde~s areare primarilyintended to occuP~ infill lots in single family
subdivisions, thus a garden shall not be greater in size than the standard lot within
the neighborhood it is located Multiple infill lots are not to be combined, nor
developed with individual gardens adjacent one another. For Multiple Family
Residential coning desi~mations the proposed garden shall be appropriate with
respect to size and scale to the development in which they are located and this will
be determined during the site Plan modification process.
(b) All Planting shall be Planted no closer than 15 feet from the front propert~~ line and
10 feet from the interior side or rear Propert~~ lines. Corner lots shall maintain a
15-foot side street setback All Plantings shall comp~~ with the visibility at
intersection requirements Pursuant to aRplicable Land Development Regulations.
~c) The Communit~earden shall be served by a water supply sufficient to support the
cultivation practices used on the site.
dl A perimeter fence or hedee is reUUired for all gardens. The fence or hedge shall
com~v with LDR Section 4.6.5 and must have a drive-through gate to
accommodate trucks and other eduipment that may be used from time-to-time as
a part of the ~>ardenine maintenance. Hedges are- encouraged and may consist of
ought-tolerant shrubs.
ORD. N0.12-11
Compost and organic matter to be used for the community garden shall not be
stored in open air. 'They shall be contained in appropriate containers, which shall
not be located with a 25-foot front setback nor 15-foot side street setback from all
r~~hts-of-way and shall be a minimum of 10-foot setback from all interior property
lines Such containers shall be maintained to prevent odors and prevent the
harborage of rodents and pests.
(~ Storage of toxic and flammable materials is not allowed. No tires are allowed to
be stored on-site.
jg) One sign is permitted, which shall not exceed 16 sduare feet and with a maximum
height of 5 feet.
(h) No~arking is allowed on-site.
Section 3. "That Section 4.4.3, "Single Family Residential (R-1) Districts", of the Land Development
Regulations of the City of Delray Beach is hereby amended to read as follows:
(I3) Principal Uses and Structures Permitted: 1'he following types of use are allowed
within the Single Family Districts as a permitted use:
(1) Conventionally sited single family detached residences.
(2) Group Home, "Type 1, pursuant to restrictions set forth in Section 4.3.3(I).
(3) Parking lots not associated with a use, pursuant to an adopted neighborhood
or redevelopment plan.
(4) Pocket parks.
(5) Public educational facilities of The School District of Palm Beach County,
pursuant to the regulations set forth in Section 4.3.3 (HH).
(G) r~ssistcd Living 1Facilities.
(7) Residential Licensed Service Provider IFacilities.
(~) Community Gardens pursuant to regulations set forth in Section 4.3.3(D).
Section 4. "That Section 4.4.5, "L,ow Density Residential (Rl,) District", of the Land Development
Regulations of the City of Delray Beach is hereby amended to read as follows:
(I3) Principal Uses and Structures Permitted: "I'he following types of use are allowed
within the (RL) District as a permitted use:
4 ORD. N0.12-11
(1) Single family detached dwellings.
(2) Duplex structures.
(3) Multiple family structures.
(4) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I).
(5) Parking lots not associated with a use, pursuant to an adopted neighborhood
or redevelopment plan.
(6) Pocket parks.
(7) Public educational facilities of 'I"he School District of Palm Beach County,
pursuant to the regulations set forth in Section 4.3.3 (H H).
(8) Assisted Living Facilities.
(9) Residential Licensed Service Provider Facilities.
X10) Community Gardens pursuant to regulations set forth in Section 4.3.3(D).
(C) Accessory Uses and Structures Permitted: "1'he following uses arc allowed when a
part of, or accessory to, the principal use:
(1) Uses and structures normally associated with residences such as: bird aviaries,
boat docks, dog houses and dog runs, garages, greenhouses, playhouses, pool houses and covers,
pump houses, slat houses, storage sheds, tennis courts, workshops, and home occupations.
(2) Family day care home pursuant to Section 4.3.3(I~.
(3) Home tutorial ser~-ices subject to the restrictions set forth in Section
4.3.3 (Kh).
(4) Home occupations.
(5) Recreational facilities attendant to a subdivision which are operated under a
bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse,
and private golf courses.
(G) The rental or lease of a boat dock when the dock is assilmed to, or on the
same lot as, each residential use on a one-to-one basis.
(7) Guest cottages, only when accessory to a single family detached structure.
(8) Community Gardens in connection with an approved multi-family
development pursuant to regulations set forth in Section 4.3.3(10.
Section 5. "That Section 4.4.G, "Medium Density Residential (IZM) District", of the Land
5 ORD. N0.12-11
Development Regulations of the City of Delray Beach is hereby amended to read as follows:
(13) Principal Uses and Structures Permitted: The following types of use are allowed
within the (RM) llistrict as a permitted use:
(1) Single family detached dwellings.
(2) Duplex structures.
(3) Multiple family structures.
(4) An abused spouse residence with twelve (12) or fewer residents.
(5) Group Homes, Types 1 and 2, and Community Residential Homes, pursuant
to restrictions set forth in Section 4.3.3(D).
(G) Parking lots not associated with a use, pursuant to an adopted neighborhood
or redevelopment plan.
(7) Pocket parks.
(8) Public educational facilities of 'I"he School District of Palm Beach County,
pursuant to the regulations set forth in Section 4.3.3 (H H).
(9) Assisted Living Facilities and Continuing Care Facilities.
(1U) Transient Residential Use.
(11) Residential Licensed Service Provider Facilities.
(12) Nursing Homes within multi-family structures only.
(131 Community Gardens pursuant to reeulations set f<~rth in Section 4.3.3(I~).
(C) Accessory Uses and Structures Permitted: 1'he following uses are allowed when a
part of, or accessory to, the principal use:
(1) Uses and structures normally associated with residences such as: bird aviaries,
boat docks, dog houses and dog runs, garages, greenhouses, playhouses, pool houses and covers,
pump houses, slat houses, storage sheds, tennis courts, workshops, swimming pools, and home
occupations.
(2) Family day care home pursuant to Section 4.3.3(T).
(3) Home tutorial services subject to the restrictions set forth in Section
4.3.3. (KI<).
6 ORD. N0.12-11
(4) Recreational facilities attendant to a subdivision which is operated under a
bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, 'I
and private golf courses.
(5) 1'he rental or lease of a boat dock when the dock is assigned to, or on the
same lot as, each residential use on a one-to-one basis
(6) Uuest cottages, only when accessory to a single family detached structure.
(7) Communit~~ Gardens in connection with an approved multi-family
development pursuant to regulations set forth in Section 4.3.3(D~.
Section 6. 'T'hat should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to
be invalid.
Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same
arc hereby repealed.
Section 8. "That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED ANll AllOP'1'Ell in regular session on seco and final reading n this 7`~ day of
June, 2011.
A"1 TES'T' M A
~.
7 ORD. N0.12-11
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Mark McDonnell, AICP, Assistant Director Planning and Zoning
Paul Dorling, AICP, Director Planning and Zoning
THROUGH: City Manager
DATE: May 11, 2011
Page 1 of 2
SUBJECT: AGENDA ITEM 10.A. - REGULAR C011~11SSION MEETING OF MAY 17, 2011
ORDINANCE 12-11 COMMUNITI' G:~RI)I?1'S~IKST READING/FIRST PUBLIC HEARING)
ITEM BEFORE COMMISSION
Approval of acity-initiated amendment to the Land Development Regulations (LDRs) that will
introduce the new use of "community gardens" to specified zoning districts as a permitted use, and an
accessory use subject to a list of certain regulations.
BACKGROUND
By definition and history, community gardens are green spaces that are communally cultivated and
cared for. These spaces may consist of individually-worked plots, communally-tended areas and sitting
areas. The intent of permitting community gardens is to allow a group of residents to grow produce and
horticultural plants for their consumption and enjoyment without creating adverse environmental
impacts or land use incompatibilities.
The ordinance provides for the implementation of community gardens, setting forth development
standards and zoning criteria where such gardens shall be permitted. These Gardens are not intended to
be a commercial enterprise, and consequently, sale of produce and plants at the sites is prohibited. The
use is anticipated to be a temporary use to primarily occupy infill lots. Community Gardens are
proposed to be allowed as a permitted use in the following zoning districts:
R-1 Single Family Residential Districts
RL Low Density Residential District (also allowed as accessory to an approved multi-family
development)
RM Medium Density Residential District (also allowed as accessory to an approved multi-family
development)
The ordinance includes general and special regulations which are summarized below.
http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4499&MeetingID=317 5/31 /201 I
Coversheet
Page 2 of 2
The general regulations include but are not limited to identifying maintenance responsibilities, hours of
operation, required approval processes, and prohibitions on sale of product on site and the use of
synthetic chemicals. The special regulations include but are not limited to issues such as overall size,
required setbacks, types of material and activities allowed on the site, and aesthetic concerns including
requirements for perimeter hedging and fencing.
REVIEW BY OTHERS
The Community Redevelopment Agency recommended approval at their April 28, 2011 meeting, but
thought that there should be a requirement for regular inspections to ensure compliance with the
regulations, including the ban on chemical pesticides, herbicides and fertilizers.
The West Atlantic Redevelopment Coalition unanimously recommended approval at their May 10,
2011, commenting that greater specificity with regard to allowable (i.e., legal) plantings be made. They
also felt that the types of agriculture intended needed clarification (i.e., hydroponics).
RECOMMENDATION
By motion, approve Ordinance No. 12-11 on first reading for acity-initiated amendment to the Land
Development Regulations, by adopting the findings of fact and law contained in the staff report and
finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in
Section 2.4.5(M) of the Land Development Regulations.
http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4499&MeetingID=317 5/31 /2011
PLANNING AND ZONING BOARD
STAFF REPORT
MEETING DATE: APRIL 25, 2011
AGENDA NO: V. D.
AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR), BY AMENDING ARTICLE 4.4 TO
PERMIT "COMMUNITY GARDENS" IN SPECIFIED ZONING DISTRICTS,
AND TO SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC
USES"
ITEM BEFORE THE BOARD
The item before the Board is to make a recommendation to the City Commission regarding acity-
initiated amendment to Land Development Regulations (LDRs) that will introduce the new use of
"community gardens" to specified zoning districts as a permitted use, and will also provide specific
criteria for their regulation.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
BACKGROUND/ANALYSIS
By definition and history, community gardens are green spaces that are communally cultivated and
cared for. These spaces may consist of individually-worked plots, communally-tended areas and
sitting areas. They are the result of the collective effort of people working together. Community
gardening is an effective community-building strategy that contributes to neighborhood renewal,
preservation, and stabilization. It provides a source of inexpensive, nutritious food and a rewarding
personal experience. Enduring stewardship is needed to ensure success, and the gardens
demonstrate the impact of sustained volunteer efforts.
The ordinance is intended to provide for the implementation of community gardens, setting forth
development standards and zoning criteria where such gardens shall be permitted. The intent of
permitting community gardens is to allow a group of residents to grow produce and horticultural
plants for their consumption and enjoyment without creating adverse environmental impacts or
land use incompatibilities. It is not intended to be a commercial enterprise, and consequently, sale
of produce and plants at the sites are to be prohibited.
Zoning Districts where allowed
Community Gardens are proposed to be allowed as a permitted use in the following zoning
districts:
R-1 Single Family Residential Districts
RL Low Density Residential District (also allowed as accessory to an approved multi-family
development)
RM Medium Density Residential District (also allowed as accessory to an approved multi-family
development)
Planning and Zoning Board Meeting, April 25, 2011
LDR Amendment-Community Gardens
General Rules and Regulations
Following are examples of some of the general regulations that will apply to community gardens:
^ A community garden is not intended to be a commercial enterprise. Sale of produce and plants
at the site are prohibited. Surplus of produce and plants may be sold off premises only.
^ The raising of poultry or other livestock, fish and the keeping of bees shall be prohibited.
^ All community gardens shall require administrative plan approval through the Community
Improvement Department or site plan modification approval by the Planning and Zoning
Department. The application shall require the property owners consent along with the following
items:
o Layout of plots and other components proposed on the site of the community garden
o Setbacks from adjacent properties
o Identification of water supplies
o Established operating rules, identifying the governance structure of the garden and
maintenance and security responsibilities
o Contact information for the person responsible for the oversight of the garden.
^ The owner of the property on which the garden is located shall be responsible for maintaining
the property so that it does not become overgrown with weeds, infested by invasive exotic
plants or vermin, or a source of erosion or storm water runoff.
^ If the property is not used as a community garden for 120 or more consecutive days, the site
shall be restored back to its pre-community garden condition.
^ The use of pesticides, herbicides and weed killers, or insecticides made from synthetic
chemical materials and chemicals is prohibited. The use of materials and practices used for
organic production (guidelines) is strongly encouraged.
^ The site shall be designed and maintained to prevent drainage or runoff onto adjacent property.
^ The community garden shall grow at least four (4) different food crops and/or non-food crops.
No gardening shall take place before sunrise or after sunset. 50% or more of the planting
areas shall be in production at all times.
^ The property owner shall be prohibited from seeking an agricultural tax exemption afforded by
the local, state or federal tax regulations.
Specific Regulations
Following are some of the specific regulations that will pertain to community gardens that will be
added to Section 4.3.3:
^ Community gardens are intended to occupy infill lots, thus, a garden shall not be greater in size
than the standard lot within the neighborhood it is located.
^ All plantings shall be planted no closer than 15 feet from the front property line and 10 feet from
the interior side or rear property lines. Corner lots shall maintain a 15-foot side street setback.
^ All plantings shall comply with sight visibility requirements for intersections.
^ Community gardens shall consist of land used for the cultivation of fruits, vegetables, plants,
flowers, or herbs by multiple users. The land shall be served by a water supply sufficient to
support the cultivation practices used on the site.
^ A fence or hedge is required for all gardens. The fence or hedge shall comply with LDR Section
4.6.5 and must have a drive-through gate to the gardening maintenance. Hedges are
encouraged and may consist of drought-tolerant shrubs.
^ Compost and organic matter to be used for the community garden shall not be stored in open
air. They shall be contained in appropriate containers, which shall not be located within a 25 foot
front setback nor 15 foot side street setback from all rights-of-way and a minimum of 10 foot
2
Planning and Zoning Board Meeting, April 25, 2011
LDR Amendment-Community Gardens
setback from all interior property lines. Such containers shall be maintained to prevent odors
and prevent the harborage of rodents and pests.
^ Storage of toxic and flammable materials is not allowed. No tires are allowed to be stored on-
site.
^ One sign is permitted, which shall not exceed 16 square feet and with a maximum height of 5
feet.
^ No parking is allowed on site.
REQUIRED FINDINGS
Comprehensive Plan Conformance
LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan. A thorough review of the Comprehensive Plan was conducted and the
following support this proposed amendment:
Future Land Use Element Objective A-1 states that "property shall be developed or redeveloped,
in a manner so that the future use, intensity and density are appropriate in terms of soil,
topographic, and other applicable physical considerations; encourage affordable goods and
services are complementary to and compatible with adjacent land uses and fulfill remaining land
use needs" (emphasis added).
`Community gardens' are proposed to be allowed as a permitted use, and also as an accessory
use in certain residential zoning districts. They are compatible with other allowed uses in these
districts with adherence to special regulations that are detailed in the ordinance. The use offers
additional means of providing fruits and vegetables, thereby offering greater affordability to
growers, with the option to take any surplus crops and sell them off-site. There has been
considerable interest for this land use option by the public and this ordinance helps to fulfill a
remaining land use need.
Future Land Use Element Objective A-5 states that "the City shall maintain its Land
Development Regulations, which shall be regularly reviewed and updated, to provide timely,
equitable and streamlined processes including, but not limited to, building permit processes for
residential developments and to accommodate mixed-use developments, and other innovative
development practices." (emphasis added).
The introduction of community gardens as a land use option available to our city residents is
supported by this objective in that our LDRs are being reviewed and updated to provide this
innovative development practice.
REVIEW BY OTHERS
Courtesy Notices
Courtesy notices were provided to the following homeowner and civic associations:
^ Neighborhood Advisory Council
^ Progressive Residents of Delray (PROD)
Advisory boards to which the proposal will be sent for review and recommendation include the
Community Redevelopment Agency and the West Atlantic Redevelopment Coalition.
Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting.
3
Planning and Zoning Board Meeting, April 25, 2011
LDR Amendment-Community Gardens
ASSESSMENT AND CONCLUSION
Community gardening is an effective community-building strategy that contributes to neighborhood
renewal, preservation, and stabilization. It provides a source of inexpensive, nutritious food and a
rewarding personal experience. Ensuring stewardship is needed to ensure success and the
gardens demonstrate the impact of sustained volunteer efforts.
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Move a recommendation of approval to the City Commission of the amendment to Land
Development Regulations, Article 4.4 To Permit "Community Gardens" In Specified
Zoning Districts, And To Section 4.3.3, "Special Requirements For Specific Uses", by
adopting the findings of fact and law contained in the staff report, and finding that the text
amendment and approval thereof is consistent with the Comprehensive Plan and meets the
criteria set forth in LDR Section 2.4.5(M)
C. Move a recommendation of denial to the City Commission of the amendment to Land
Development Regulations, Article 4.4 To Permit "Community Gardens" In Specified
Zoning Districts, And To Section 4.3.3, "Special Requirements For Specific Uses", by
adopting the findings of fact and law contained in the staff report, and finding that the text
amendment and approval thereof is inconsistent with the Comprehensive Plan and does not
meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative).
RECOMMENDED ACTION
Recommend approval of the amendment to Land Development Regulations, Article 4.4 To Permit
"Community Gardens" In Specified Zoning Districts, And To Section 4.3.3, "Special
Requirements For Specific Uses", by adopting the findings of fact and law contained in the staff
report, and finding that the text amendment and approval thereof is consistent with the
Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M).
Attachment:
• Proposed Ordinance
4
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: May 31, 2011
SUBJECT: Ac ENDA ITEM 10 A -REGULAR COMMISSION MEETING OF JUNE 7, 2011
ORDINANCE NO 12-11 (SECOND READING/SECOND PUBLIC HEARING)
ITEM BEFORE COMMISSION
Page 1 of 1
This ordinance is before Commission for second reading and second public hearing to consider a city
initiated amendment to the Land Development Regulations (LDR) Article 4.4 to add community
gardens as a principal use and an accessory use, amending Section 4.3.3, "Special Requirements for
Specific Uses", to establish specific regulations pertaining to the development of community gardens.
BACKGROUND
At the first reading on May 17, 2011, the Commission passed Ordinance No. 12-ll .
RECOMMENDATION
hb
Recommend approval of Ordinance No. 12-11 on second and final reading. ~,
ORDINANCE NO.12-11
AN ORDINANCE OF THE QTY COMMISSION OF THE QTY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS BY ENACTING A NE W
SECTION 4.3.3(D), "CO1vIMUNITY GARDENS", TO PROVIDE
STANDARDS FOR SAME; AMENDING SECTIONS 4.4.3, "SINGLE
FAMILY RESIDENTIAL (R-1) DISTRICTS", SUBSECTION (B),
"PRINCIPAL USES AND STRUCI'LJRES PERM[TTED", 4.4.5, "LOW
DENSITY RESIDENTIAL (RL) DISTRICT", SUBSECTIONS (B),
"PRINCIPAL USES AND STRUCTURES PERMITTED" AND (C),
"ACCESSORY USES AND STRUCTURES PERMITTED", 4.4.6,
"MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT",
SUBSECTIONS (B), "PRINCIPAL USES AND STRUCTURES
PERMITTED" AND (C), "ACCESSORY USES AND STRUCTURES
PERMITTED"; TO ADD COMMUNITY GARDENS TO THE LIST
OF PERMITTED USES AND AS ACCESSORY USES TO AN
APPROVED MULTI-FAMILY DEVELOPMENT; PROVIDING A
SAVING CLAUSE, A GE NE RAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Panning and Zoning Board reviewed the proposed
text amendment at a public hearing held on Apri125, 2011 and voted 6 to 0 to recommend that the changes
be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Plaruzing and Zoning Board, sitting as the
Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives
and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Plaruling and
Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with
the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMMISSION OF THE QTY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein
Section 2. That Section 4.3.3(D), "Commiulity Gardens" of the Land Development Regulations of
the City of Delray Beach is hereby enacted to read as follows:
(D) Community Gardens
(2) Appearance:
(a) All corrurnmit~~rdens on single-family lots within Single-Family Residential Low
Density Residential and Medium Density Residential zoning districts, shall recltrire
administrative plan approval throw the CommLmity Improvement Deparmnt
Community Gardens proposed on parcels other than single-family lots within
Multiple Family Residential Zoning districts shall require site flan modification
approval through the Planning and Zoning Department The application shall
require the property owners consent and the following items must be attached:
]ayvut of plots and other components proposed on the site of the community
~ setbacks from adjacent properties identification of water supplies,
established operating rules identifying the goven~nce structure of the garden and
maintenance and security responsibilities• contact inforn~ation for the person
responsible for the oversight of the garden.
(b) The owner of the property on which the garden is located shall be responsible for
maintaining the propert~so that it does not become overgt~own with weeds
infested by invasive exotic.plants or vermin, or a source of erosion or storm water
nmoff If the ~ronertX is not used as a communit~Qarden for 120 or more
consecutive davs, the site shall be restored back to its pre-Community ~nrden
condition
(3) General Rules & Regulations:
~) A Community Garden is not intended to be a commercial enterprise. Sale of
produce and plants at the site are prohibited
(b) The raising of poultry or other livestock fish and the keeling of bees is
rnohibited
ORD. N0.12-11
consumption and enjoyment without creating adverse environmental impact or land use
incompatibilities These spaces may consist of individuall~w~rked plots communallytended areas
and sitting areas.
~ The use of Pesticides herbicides and weed killers or insecticides made from
synthetic chemical materials and chemicals is Prohibited The use of materials and
practices used for organic Production (~) is strongly encouraged.
(~ The Property owner shall be Prohibited from seeking an agricultural tax exemption
afforded by the local, state or federal tax regtilations.
(4) Site Standards:
(a) Communi~ ~r~ dens are Primarily intended to occupy infill lots in single family
subdivisions thus a garden shall not be greater in size than the standard lot within
the neighborhood it is located Multiple infill lots are not to be combined nor
developed with individual~ardens a~acent one another For Multiple Family
Residential zoning designations the._Proposed garden shall be appropriate with
respect to size and scale to the development in which thev are located and this will
be determined during the site plan modification process.
bU All Planting shall be planted no closer than 15 feet from the front Property line and
10 feet from the interior side or rear Property lines. Comer lots shall maintain a
15-foot side street setback All Plantings shall comply with the visibility at
intersection rec~Lrirements pursuant to applicable Land Development Reg~ilations.
~cZ The Communitygarden shall be served by a water supply sufficient to support the
cultivation Practices used on the site.
ORD. N0.12-11
(d) The site shall be designed and maintained to Prevent drainage or runoff onto
adjacent ProPer~
(e) Compost and organic matter to be used for the community Qarclen shall not be
ri ts-of-way and shall be a minimum of 10-foot setback from all interior prope~rt
lines Such containers shall be maintained to prevent odors and prevent the
harborage of rodents and pests.
,(__, Storage of toxic and flammable materials is not allowed. No tires are allowed to
be stored on-site.
~ One sign is pemutted which shall not exceed 16 square feet and with a maximum
height of 5 feet.
1~iLNo parking is allowed on-site.
Section 3. That Section 4.4.3, "Single Family Residential (R-1) Districts", of the Land Development
Regulations of the City of Delray Beach is hereby amended to read as follows:
(B) Principal Uses and Structures Permitted: The following types of use are allowed
within the Single Family Districts as a permitted use:
(1) Conventionally sited single family detached residences.
(2) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I).
(3) Parking lots not associated with a use, pursuant to an adopted neighborhood
or redevelopment plan
(4) Pocket parks.
(5) Public educational facilities of The School District of Palm Beach County,
pursuant to the regulations set forth in Section 4.3.3 (HH).
(6) Assisted Living Facilities.
(~ Residential Licensed Service Provider Facilities.
(8) Community Gardens pursuant to regulations set forth in Section 4.3.3(DZ
Section 4. That Section 4.4.5, "Low Density Residential (RL) District", of the Land Development
Regulations of the City of Delray Beach is hereby amended to read as follows:
(B) Principal Uses and Structures Permitted: The following types of use are allowed
within the (RL) District as a permitted use:
4 ORD. N0.12-11
(1) Single family detached dwellings.
(2) Duplex strractures.
(3) Multiple family structines.
(4) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I).
(5) Parking lots not associated with a use, pursuant to an adopted neighborhood
or redevelopment plan.
(6) Pocket parks.
(~ Public educational facilities of The School District of Palm Beach County,
pursuant to the regulations set forth in Section 4.3.3 (HH).
(8) Assisted Living Facilities.
(9) Residential Licensed Service Provider Facilities.
(10) Community Gardens pursuant to regulations set forth in Section 4.3.3(D).
(C) Accessory Uses and Structures Permitted: The following uses are allowed when a
part of, or accessory to, the principal use:
(1) Uses and stnxtur~es normally associated with residences such as: bird aviaries,
boat docks, dog horses and dog nms, garages, greenhouses, playhouses, pool hor,tises and covers,
pump houses, slat houses, storage sheds, tennis courts, workshops, and home occupations.
(2) Family day care home pursuant to Section 4.3.3(T).
4.3.3(KK).
(3) Home tutorial services subject to the restrictions set forth in Section
(4) Home occupations.
(5) Recreational facilities attendant to a subdivision which are operated under a
bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse,
and private golf courses.
(6) The rental or lease of a boat dock when the dock is assigned to, or on the
sarre lot as, each residential use on a orre-to-one basis.
(~ Guest cottages, only when accessory to a single family detached structure.
(8) Community Gardens in connection with an approved multi-family
development pursuant to regulations set forth in Section 4.3.3(D).
Section 5. That Section 4.4.6, "Medium Density Residential (RM) District", of the Land
5 ORD. N0.12-11
Development Regulations of the City of Delray Beach is hereby amended to read as follows:
(B) Principal Uses and Structures Permitted: The following types of use are allowed
within the (RM) District as a permitted use:
(1) Single family detached dwelling.
(2) Duplex structures.
(3) Multiple familystn~ctures.
(4) An abused spouse residence with twelve (12) or fewer residents.
(5) Group Homes, Types 1 and 2, and Community Residential Homes, pursuant
to restrictions set forth in Section 4.3.3(D).
(6) Parking lots not associated with a use, pursuant to an adopted neighborhood
or redevelopment plan
(~ Pocket parks.
(8) Public educational facilities of The School District of Palm Beach County,
pursuant to the regulations set forth in Section 4.3.3 (HH).
(9) Assisted Living Facilities and Continuing Care Facilities.
(10) Transient Residential Use.
(11) Residential Licensed Service Provider Facilities.
(12) Nursing Homes within multi-family structures only.
(13) Community Gardens pursuant to regulations set forth in Section 4.3.3(D).
(C) Accessory Uses and Structures Permitted: The following uses are allowed when a
part of, or accessory to, the principal use:
(1) Uses and structures nom~ally associated with residences such as: bird aviaries,
boat docks, dog houses and dog runs, garages, greenhouses, playhouses, pool houses and covers,
pump houses, slat houses, storage sheds, tennis courts, ~wrkshops, swimming pools, and home
occupations.
(2) Family day care home pursuant to Section 4.3.3(T).
(3) Home tutorial services subject to the restrictions set forth in Section
4.3.3.(KK).
6 O1ZD. N0.12-11
(4) Recreational facilities attendant to a subdivision which is operated under a
bonafid,e homeowners association such as: tennis courts, swirrunulg pools, exercise area, clubhouse,
and private golf courses.
(5) The rental or lease of a boat dock when the dock is assigned to, or on the
same lot as, each residential use on a one-to-one basis
(6) Guest cottages, only when accessory to a single family detached struct~ffe.
~~ Community Gardens in connection with an approved multi-family
developxren_pursuant to regulations set forth in Section 4.3.3(DZ
Section 6. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or ~wrd be declared by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to
be invalid
Section 7. That all ordinances or pans of ordinances in conflict herewith be, and the same
are hereby repealed
Section 8. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2011.
ATTEST
City Clerk
First Reading
Second Reading
7