11-97 ORDINANCE NO. 11-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.27,
"OPEN SPACE AND RECREATION (OSR) DISTRICT",
SUBSECTION 4.4.27(C), "ACCESSORY USES AND
STRUCTURES ALLOWED", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, BY ADDING
CHILD CARE PROGRAMS AS AN ACCESSORY USE TO THE
PRINCIPAL USES OF PARKS AND RECREATIONAL
FACILITIES; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at a public hearing on
January 27, 1997, and forwarded the change with a recommendation of
approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with and furthers the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.27, "Open Space and
Recreation (OSR) District", Subsection 4.4.27(C), "Accessory Uses and
Structures Allowed", of the Land Development Regulations of the City
of Delray Beach, Florida, be, and the same is hereby amended to read
as follows:
Section 4.4.27 Open Space and Recreation (OSR) District:
(A) Purpose and Intent: The Open Space and Recreation
(OSR) Zone District is established in order to most appropriately
identify parcels of land which are used primarily for recreational or
public purposes in an outdoor setting (e.g. a swimming facility).
Thus, it is generally applied to parks, golf courses, and situations
where public recreational facilities may exist. It also accommodates
the operation of activities licensed by the City.
The OSR District is deemed compatible with all land use designations
shown on the Future Land Use Map.
(B) Principal Uses and Structures Permitted: The
following types of use are allowed within the OSR District as a
permitted use:
(1) Parks, public or private, active or passive
including playgrounds, ballfields, interpretative trails, educational
exhibits, and the like.
(2) Recreational facilities such as swimming pools,
tennis courts, exercise and activity rooms.
(3) Golf courses (public or private) including
clubhouses with restaurants, meeting rooms, pro shops and similar
facilities.
(4) Cemeteries and mausoleums, public or private.
(C) Accessory Uses and Structures Allowed: The following
types of use are allowed when a part of, or accessory to, the
principal use:
(1) Parking lots.
(2) Restrooms, rest areas, picnic facilities.
(3) Administrative and maintenance buildings.
(4) Boat ramps.
(5) Concessions and services provided under a license
agreement with the City of Delray Beach.
(6) Storage of inventory, equipment, and materials,
within a structure or in an approved outside location.
(7) Residential facilities for temporary occupancy by
participants of recreational programs.
(8) Child care proqrams as an accessory use to (B) (1)
and (2) above.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
- 2 - Ord. No. 11-97
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ~OPTED in regular session on second and final
reading on this the 4th day of Marc__h , 1997.
ATTEST:
/Ci t y- C~rk Y
First Reading February 18, 1997
Second Reading March 4, 1997
- 3 - Ord. No. 11-97
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # JOA - REGULAR MEETING OF MARCH 4, 1997
SECOND READING/SECOND PUBLIC HEARING FOR ORDINANCE NO.
11-97 (CHILD CARE PROGRAMS AS ACCESSORY USE IN OPEN
SPACE AND RECREATION DISTRICT)
DATE: FEBRUARY 27, 1997
This is second reading and the second public hearing for Ordinance
No. 11-97 which amends LDR Section 4.4.27, "Open Space and
Recreation (OSR) District", by adding child care programs as an
accessory use to the principal uses of parks and recreational
facilities. The proposed amendment was initiated by the City
Commission on January 7, 1997, based on the need to accommodate
the child care programs operated by both the City and County on
properties zoned OSR (i.e. after-school program at Pompey Park and
Head Start at the Catherine Strong Center).
The amendment would allow child care programs as an accessory use
to principal uses (B) (1) Parks and (B) (2) Recreational facilities.
The use would not be allowed as accessory to the other two
principal uses (B) (3) Golf courses and (B) (4) Cemeteries and
mausoleums. Golf courses are excluded due to concerns relating to
safety. Ail eligible properties with the exception of Lake Ida
Park are owned by the City. Establishment of the child care use
on City-owned parcels must either be City-operated or must be
approved through an agreement with the City, and will require site
plan approval.
The Planning and Zoning Board considered this item at a public
hearing on January 27, 1997, and voted 6 to 1 (Mr. Carbone
dissenting) to recommend approval. At first reading on February
18, 1997, the Commission passed the ordinance by a vote of 4 to 0.
Recommend approval of Ordinance No. 11-97 on second and final
reading.
ref:agmemol4
TO: The Honorable Jay Alperin, Mayor & the City Commissioners of Delray Beach
FROM: Kathy Stokes (1220 Southways)
RE: "Child Care Services" as an accessory use in OSR
DATE: February 26, 1997
I would like to ask you to please consider adding the underlined language shown below to the
proposed LDR:
Child care programs, which are operated by or under an agreement
with the City of Delray Beach, as an accessory use to (B)(1) and (2) above.
Why we need to add "which are operated by or under an agreement with the City of
Delray Beach":
It makes it clear that child care programs and any facilities that may be built to house them
will be allowed in the OSR as an accessory use to (B)(1) and (2) only if:
(1) they are operated by the City;
(2) they are operated by a private vendor pursuant to an agreement with the City (to pattern up
after the protective language in (C)(5) for "Concessions and services provided under a
license agreement with the City of Delray Beach."); or
(3) they are operated in county-owned parks such as Lake Ida under the auspices of either the
City or the County only if there is an Interlocal Agreement between the City and the
County (so we are assured that the County could not operate a child care program and/or
build a child care center in Lake Ida Park unless it had an agreement with the City).
The goal is clarify the language in the proposed provision in order to make sure the parks
zoned OSR are "protected."
Finally, it should be noted that the P&Z staff memorandum correctly excludes Barwick which
is a passive park from the list of parks because it has OS (Open Space) zoning rather than
OSR.
cc: Diane Dominguez, Director of Planning and Zoning
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Mg2q'AGER~
SUBJECT: AGENDA ITEM # /0 C .- REGULAR MEETING OF FEBRUARY 18, 1997
FIRST READING/FIRST PUBLIC HEARING FOR ORDINANCE NO.
11-97 (CHILD CARE PROGRAMS AS ACCESSORY USE IN OPEN
SPACE AND RECREATION DISTRICT)
DATE: FEBRUARY 14, 1997
This is first reading and the first public hearing for Ordinance
No. 11-97 which amends LDR Section 4.4.27, "Open Space and
Recreation (OSR) District", by adding child care programs as an
accessory use to the principal uses of parks and recreational
facilities. The proposed amendment was initiated by the City
Commission on January 7, 1997, based on the need to accommodate
the child care programs operated by both the City and County on
properties zoned OSR (i.e. after-school program at Pompey Park and
Head Start at the Catherine Strong Center).
The amendment would allow child care programs as an accessory use
to principal uses (B) (1) Parks and (B) (2) Recreational facilities.
The use would not be allowed as accessory to the other two
principal uses (B) (3) Golf courses and (B) (4) Cemeteries and
mausoleums. Golf courses are excluded due to concerns relating to
safety. All eligible properties with the exception of Lake Ida
Park are owned by the City. Establishment of the child care use
on City-owned parcels must either be City-operated or must be
approved through an agreement with the City, and will require site
plan approval.
The Planning and Zoning Board considered this item at a public
hearing on January 27, 1997, and voted 6 to 1 (Mr. Carbone
dissenting) to recommend approval.
Recommend approval of Ordinance No. 11-97 on first reading. If
passed, a second public hearing will be scheduled for March 4,
1997.
ref: agmemol4
TO: DAVID T. HARDEN
CITY MANAGER
THRU: DIANE DOMIN'GUEZ, D~I~CTOR )
DEPARTMENT OF PLA?NIN~ONING
FROM: PAUL DORLING, PRINCIPAL PLANNER
SUBJECT: CITY COMMISSION MEETING OF FEBRUARY 18, 1997
AMENDMENT TO LDR SECTION 4.4.27(B) TO ADD "CHILD CARE
SERVICES" AS AN ACCESSORY USE IN THE OPEN SPACE AND
RECREATION (OSR) ZONING DISTRICT.
The item before City Commission is approval of an amendment to Section 4.4.27(B) to
add child care services (such as after-school programs, Head Start, etc.) as an
accessory use in the OSR zoning district.
Currently, both the City and County operate child care programs in the OSR zoning
district: at Pompey Park (after-school program), and at the Catherine Strong Center
(Head Start program). These programs have been operated at these sites for several
years and were established under the auspices of an accessory use to recreational
facilities. In the recent development proposal associated with the relocation of the
Head Start program to modular buildings at the Catherine Strong Center, the need to
specifically list the use as an accessory use appears appropriate. In light of the above
the City Commission initiated the LDR text amendment at their January 7, 1997
meeting.
There are fifteen parcels which are currently zoned OSR. These include eleven sites
which are owned by the City, one owned by the County, and three privately owned golf
courses. The City or County owned parcels include:
· Boy Scout Hut (Lake Ida Road)
· Pompey Park
· Catherine Strong Center
City Commission Documentation
Amendment to LDR Section 4.4.27(B) to Add "Child Care Services" as an
Accessory Use in the Open Space & Recreation (OSR) Zoning District
Page 2
· Delray Beach Cemetery
· Miller Park
· Veterans Park
· Lake View Golf Course
· Delray Beach Municipal Golf Course
· Currie Commons Park
· Merritt Park
· Southwest Park
· Lake Ida Park (County owned)
Three additional sites which are privately owned and zoned OSR include:
· Del Aire Golf Course
· Hamlet Golf Course
· Sherwood Forest Golf Course
The amendment would allow Child Care centers as accessory uses to principal uses
(B)(1) Parks & (B)(2) Recreation Facilities. The child care use would not be allowed as
accessory to the other two principal uses (B)(3) Golf courses and (B)(4) Cemeteries
and mausoleums. Golf Courses are excluded due to concerns relating to safety. As
all child care uses require outside play areas there are safety concerns with respect to
wayward golf balls. Cemeteries and mausoleums are excluded as these are
inappropriate places to conduct child care services.
All the eligible properties with the exception of Lake Ida Park are City owned.
Establishment of services on City owned parcels will be City operated, or must be
approved through an agreement with the City. Further, establishment of the use on any
eligible parcel will require site plan approval.
The Planning and Zoning Board considered the request at a public hearing on January
27, 1997. Kathy Stokes from the public spoke and expressed concern that the use was
not restrictive enough and may allow private vendors to utilize public park areas. The
Board recommended approval of the amendment as written on a 6-1 vote (Louis
Carbone dissenting).
By motion, approve the attached amendment to Section 4.4.27(B) to add child care
services as a accessory use in the OSR (Open Space and Recreation) zoning district.
Attachments:
LDR Amendment Section 4.4.27(B)
Section 4.4.27 Open Space and Recreation (OSR) District:
(A) Purpose and Intent: The Open Space and Recreation (OSR) Zone District is
established in order to most appropriately identify parcels of land which are used primarily for
recreational or public purposes in an outdoor setting (e.g. a swimming facility). Thus, it is
generally applied to parks, golf courses, and situations where public recreational facilities may
exist. It also accommodates the operation of activities licensed by the City.
The OSR District is deemed compatible with all land use designations shown on the Future
Land Use Map.
(B) _Principal Uses and Structures Permitted: The following types of use are
allowed within the OSR District as a permitted use:
(1) Parks, public or private, active or passive including playgrounds,
ballfields, interpretative trails, educational exhibits, and the like.
(2) Recreational facilities such as swimming pools, tennis courts, exercise
and activity rooms.
(3) Golf courses (public or private) including club-houses with restaurants,
meeting rooms, proshops, and similar facilities.
(4) Cemeteries and mausoleums, public or private.
(C) Accessory_ Uses and Structures Allowed: The following types of use are
allowed when a part of, or accessory to, the principal use:
(1) Parking lots.
(2) Restrooms, rest areas, picnic facilities.
(3) Administrative and maintenance buildings.
(4) Boat ramps.
(5) Concessions and services provided under a license agreement with the
City of Delray Beach.
(6) Storage of inventory, equipment, and materials, within a structure or in an
approved outside location.
(7) Residential facilities for temporary occupancy by participants of
recreational programs.
[Amd. Ord. 31-94 612'1194]
(D) Conditional Uses and Structures Allowed: Them am no listed conditional
uses in the OSP, District. If a use is so contemplated, it may be mom appropriate to seek CF
District zoning.
(E) Review and Approval Process: The use of any land within the OSR District
must be pursuant to a site and development plan which has been approved by the Site Plan
P,eview and Appearance Board pursuant to Sections 2.4.5 (F), (H), and (I), as appropriate.
(F) Development, Supplemental. and Special Regulations: All standards for the
development and/or use of property zoned OSP, shall be established pursuant to the site and
development plan.
[Amd. Ord. 3'1-94 6121/94]
S:PLANNING\DOCUME\CHILD.DOC
-2-
A PUBLIC HEARING will be held off
the tollowiflg p~opmecl ordinance at
l;O0 P.M. on TUESDAY, MARCH 4,
1997 (or ~f any ConfJflUItiG41 of SUCh
rr&qtlr, g w~ch is set ~' the Commis-
s~e), in She City Commission
I~'S, 100 N.W 1St AVOn.,
Beech, Flori~ia, 4~ w~ich time ~ Ci~
Commiss~ wiU consiber its a~x~otioe
The proposed ordinance may be in-
spected at the Office of rte City Clerk
at City Hall, 1~ N.W 1st Aveflue, Del-
ray Beach, F~orida, behveefl the he,rs
of I:~ a.m. to 5:00 p.m., Monday thru
Prida¥, except holidays All Ifltoresto~
pa~lies are invited to afleto a~ be
heard with resaect to the proposea Or-
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING SEC.
TION 4.4.27, ~OPEN SPACE AND
RECREATION (OSR) DISTRIC'P,
SUBSECTION 4.4.27(C), 'ACCESSORY
USES AND STRUCTURES AL-
LOWED', OF THE LAND DEVELOP-
MENT REGULATIONS OF THE CITY
OF DELRAY BEACH, BY ADDING
CHILD CARE PROGRAMS AS AN AC.
CESSORY USE TO THE PRINCIPAL
USES OF PARKS AND RECRE-
ATIONAL FACILITIES: PROVIDING
A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EF-
FECTIVE DATE.
Please be advised that if a person
cides to appeal any ~ecislon ma~e by
the City Commission with respect to
such person wifl tided a racord of these
proreedings, a~ for this p~Jrpos~ such
bafim record inc~ubes the testimony
and evidence upon which the appeal is
to be base(I. The City ~ees not provide
F.S. 2~.0105.
CITY OF DELRAY BEACH
Alison MacGregOr Har~
C~ Clerk
P~olish: February 21,1997
Beca Raton News
Ad 1r39,1 l~d
-
CITY OF DELRAY BEACH
NOTICE OF ACCESSORY USE CHANGE
WITHIN THE OPEN SPACE AND RECREATION
(OSR) ZONING DISTRICT
The City Commission of the City of Delray Beach, Florida,
proposes to change the list of Accessory Uses and
Structures Allowed within the Open Space and Recreation
(OSR) District by adopting the following ordinace:
ORDINANCE NO. 11-97
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 4.4.27, "OPEN SPACE AND RECREATION (OSR)
DISTRICT", SUBSECTION 4.4.27(C), "ACCESSORY USES
AND STRUCTURES ALLOWED", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, BY ADDING CHILD CARE PROGRAMS AS AN
ACCESSORY USE TO THE PRINCIPAL USES OF PARKS
AND RECREATIONAL FACILITIES; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE AND AN
EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for
the purpose of accepting public testimony regarding the
proposed ordinance. The first Public Hearing will be held on
TUESDAY, FEBRUARY 18, 1997, AT 7:00 P.M. (or at any
continuation of such meeting which is set by the
Commission), in the Commission Chambers at City Hall, 100
N.W. 1st Avenue, Delray Beach, Florida. If the ordinance is
passed on first reading, a second Public Hearing will be held
on TUESDAY, MARCH 4, 1997, AT 7:00 P.M. (or at any
continuation of such meeting which is set by the
Co~nmission).
All interested citizens are invited to attend the public hearings
and comment upon the proposed ordinanc~ or submit their
comments in writing on or before the date of these hearings
to the Planning and Zoning Department. For further
information or to obtain a copy of the proposed ordinance,
~lease contact the Planning and Zoning Department, City
Hall, 100 N.W. 1 st Avenue, Delray Beach, Florida 33444
(Phone 407 / 243-7040), between the hours of 8:00 a.m. and
5:00 p.m., Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO
APPEAL ANY DECISION MADE BY CITY COMMISSION
WITH RESPECT TO ANY MATTER CONSIDERED AT
THESE HEARINGS, SUCH PERSON. MAY NEED TO
ENSURE THAT A VERBATIM RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR
PREPARE SUCH RECORD. PURSUANTTO F.S. 286.0105.
PUBLISH: Boca Raton News CITY oF DELRAY BEACH
February 10, 1997 Alison MacGregor Harty
February 26, 1997 City Clerk
Ad #747510
/"~-
CITY OF DELRAY BEACH
NOTICE OF ACCESSORY USE CHANGE
WITHIN THE OPEN SPACE AND RECREATION
(0SR) ZONING DISTRICT
The City Commission of the City of Delray Beach, Florida,
proposes to change the list of Accessory 'Uses and
Structures Allowed within the Open Space and Recreation
(OSR) District by adopting the following ordinace:
ORDINANCE N.C. 11-97
AN ORDINANCE OF THE CiTY COMMISSION OF THE ·
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 4.4.27, "OPEN SPACE AND RECREATION (OSR)
DISTRICT", SUBSECTION 4.4.27(C), "ACCESSORY USES
AND STRUCTURES ALLOWED", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, BY ADDING CHILD CARE PROGRAMS AS AN
ACCESSORY USE TO THE PRINCIPAL USES OF PARKS
AND RECREATIONAL FACiLiTIES; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE AND AN
EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for
the purpose of accepting public testimony regarding the
proposed ordinance. The first Public Hearing will be held on
TUESDAY, FEBRUARY 18, 1997, AT 7:00 P.M. (or at any
continuation of such meeting which is set by the
Commission), in the Commission Chambers at City Hall, 100
N.W. 1st Avenue, Delray Beach, Florida. If the ordinance is
passed on first reading, a second Public Hearing will be held
on TUESDAY, MARCH 4, 1997, AT 7:00 P.M, (or at any
continuation of such meeting which is set by the
Commission).
All interested citizens are invited to attend the public hearings
and comment upon the proposed ordinance or submit their
comments in writing on or before the date of these hearings
to the Planning and Zoning Department. For further
information or to obtain a copy of the proposed ordinance,
please contact the Planning and Zoning Department, City
Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444
(Phone 407 / 243-7040), between the hours of 8:00 a.m. and
5:00 p.m., Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO
APPEAL ANY DECISION MADE BY CITY COMMISSION
WITH RESPECT TO ANY MATTER CONSIDERED AT
THESE HEARINGS, SUCH PERSON MAY NEED TO
ENSURE THAT A VERBATIM RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR
PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105.
PUBLISH: Boca Raton News CITY OF DELRAY BEACH
February 10, 1997 Alison MacGregor Harty
February 26, 1997 City Clerk
Ad #747510
NOTICE OF ACCESSORY USE CHANGE
WITHIN THE OPEN SPACE AND RECREATION (OSR) ZONING DISTRICT
The City Commission of the City of Delray Beach, Florida,
proposes to change the list of Accessory Uses and Structures
Allowed within the Open Space and Recreation (OSR) District by
adopting the following ordinance:
ORDINANCE NO. 11-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING SECTION 4.4.27, "OPEN SPACE AND RECREATION
(OSR) DISTRICT", SUBSECTION 4.4.27(C), "ACCESSORY USES AND
STRUCTURES ALLOWED" OF THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, BY ADDING CHILD CARE PROGRAMS AS AN
ACCESSORY USE TO THE PRINCIPAL USES OF PARKS AND RECREATIONAL
FACILITIES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE
AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the
purpose of accepting public testimony regarding the proposed
ordinance. The first Public Hearing will be held on TUESDAY,
FEBRUARY 18, 1997, AT 7:00 P.M. (or at any continuation of such
meeting which is set by the Commission), in the Commission
Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida. If the ordinance is passed on first reading, a second
Public Hearing will be held on TUESDAY, MARCH 4, 1997, AT 7:00
P.M. (or at any continuation of such meeting which is set by the
Commission).
All interested citizens are invited to attend the public hearings
and comment upon the proposed ordinance or submit their comments
in writing on or before the date of these hearings to the
Planning and Zoning Department. For further information or to
obtain a copy of the proposed ordinance, please contact the
Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue,
Delray Beach, Florida 33444 (Phone 407/243-7040), between the
hours of 8:00 a.m. and 5:00 p.m., Monday through Friday,
excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION
MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED
AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH
RECORD. PURSUANT TO F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
February 10, 1997 Alison MacGregor Harty
February 26, 1997 City Clerk
Instructions to Newspaper: This ad is not to be placed in the
legal ads/classified section of the newspaper. It must be at
least two standard columns wide and ten inches long. The entire
headline [NOTICE OF ACCESSORY USE CHANGE WITHIN THE OPEN SPACE
AND RECREATION (OSR) ZONING DISTRICT] must be an 18 point bold
headline. Thank you.
ref:usenotic
MEETING OF: JANUARY 27, 1997
AGENDA ITEM: AMENDMENT TO LDR SECTION 4.4. 27 (B) TO ADD
"CHILD CARE SERVICES" AS AN ACCESSORY USE IN
THE OPEN SPACE AND RECREATION (OSR) ZONING
DISTRICT.
The item before the Board is that of making a recommendation to the City
Commission regarding an amendment to Section 4.4.27 (B) to add child care
services (such as after- school programs, Head Start, etc.) as an accessory in
the OSR zoning district.
Currently, both the City and County operate child care programs in the OSR
zoning district: at Pompey Park (after-school program), and at the Catherine
Strong Center (Head Start program). These programs have been operated at
these sites for several years and were established under the auspices of an
accessory use to recreational facilities. In the recent development proposal
associated with the relocation of the Head Start program to modular buildings at
the Catherine Strong Center, the 'need to specifically list the use as an
accessory use appears appropriate. In light of the above the City Commission
initiated the LDR text amendment at their January 7, 1997 meeting.
There are fifteen parcels which are currently zoned OSR. These include eleven
sites which are owned by the City, one owned by the County, and three privately
owned golf courses. The City or County owned parcels include;
* Boy Scout Hut (Lake Ida Road)
* Pompey Park
* Catherine Strong Center
* Delray Beach Cemetery
* Miller Park
* Veterans Park
* Lake View Golf Course
* Delray Beach Municipal Golf Course
* Currie Commons Park
* Merritt Park
* Southwest Park
* Lake Ida Park (County owned)
Three additional.sites which are privately owned and zoned OSR include;
* Del Aire Golf Course
* Hamlet Golf Course
* Sherwood Forest Golf Course
The amendment would allow Child Care centers as accessory uses to principal
uses (B) (1) Parks & (B) (2) Recreation Facilities. The child care use would not
be allowed as accessory to the other two principal uses (B)(3) Golf courses and
(B)(4) Cemeteries and mausoleums. Golf Courses are excluded due to concerns
relating to safety. As all child care uses require outside play areas there are
safety concerns with respect to wayward golf balls. Cemeteries and
mausoleums are excluded as these are inappropriate places to conduct child
care services.
All the eligible properties with the exception of Lake Ida Park are City owned.
Establishment of services on City owned parcels will be City operated, or must
be approved through an agreement with the City. Further, establishment of the
use on any eligible parcel will require site plan approval.
Recommend approval of the attached amendment to Section 4.4.27(B) to add
child care services as a accessory use in the OSR (Open Space and Recreation)
Zoning district.
Attachments:
LDR amendment Section 4.4.27 (B)
Section 4.4.27 Open Space and Recreation (OSR) District:
(A) Purpose and Intent: The Open Space and Recreation (OSR)
Zone District is established in order to most appropriately identify parcels of land
which are used primarily for recreational or public purposes in an outdoor setting
(e.g. a swimming facility). Thus, it is generally applied to parks, golf courses, and
situations where public recreational facilities may exist. It also accommodates
the operation of activities licensed by the City.
The OSR District is deemed compatible with all land use designations shown on
the Future Land Use Map.
(B) Principal Uses and Structures Permitted: The following types of
use are allowed within the OSR District as a permitted use:
(1) Parks, public or private, active or passive including
playgrounds, ballfields, interpretative trails, educational exhibits, and the like.
(2) Recreational facilities such as swimming pools, tennis
courts, exercise and activity rooms.
(3) Golf courses (public or private) including club-houses with
restaurants, meeting reoms, proshops, and similar facilities.
(4) Cemeteries and mausoleums, public or private.
(C) Accessory Uses and Structures Allowed: The following types of
use are allowed when a part of, or accessory to, the principal use:
(1) Parking lots.
(2) Restrooms, rest areas, picnic facilities.
(3) Administrative and maintenance buildings.
(4) Boat ramps.
(5) Concessions and services provided under a license
agreement with the City of Delray Beach.
(6) Storage of inventory, equipment, and materials, within a
structure or in an approved outside location.
[Amd. Oral, 31-94 $121194]
(7) Residential facilities for temporary occupancy by participants
of recreational programs.
(8) Child Care programs as an accessory, use to (B)(1) and (2)
above.
(D) Conditional Uses and Structures Allowed: There are no listed
conditional uses in the OSR District. If a use is so contemplated, it may be more
appropriate to seek CF District zoning.
(E) Review and Approval Process: The use of any land within the
OSR District must be pursuant to a site and development plan which has been
approved by the Site Plan Review and Appearance Board pursuant to Sections
2.4.5 (F), (H), and (I), as appropriate.
(F) Development. Supplemental. and Special Re_eulations: All
standards for the development and/or use of property zoned OSR shall be
established pursuant to the site and development plan.
[Amd. Ord. 31-94 6/21/94]
S:Planning~CHILD