Ord 04-00ORDINANCE NO. 4-00
a~N ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
D'F, tLRAY BEACH, FLORIDA, AMENDING THE LAND
DE~LOPMENT REGULATIONS OF THE CITY OF DF.I.RAY BEACH
BY AX~IENDING CHAPTER FOUR, "ZONING REGULATIONSi',,
SECTIO~ 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-l) DISTRICTS ,
SUBSECTIxON 4.4.300), "PRINCIPAL USES AND STRUCTURES
PERMITTEI~'; AMENDING SECTION 4.4.5, "LOW,, DENSITY
RESIDENTIAL 0LL) DISTRICTS", SUB,S,ECTION 4.4.503), PRINCIPAL
USES AND ST~bI~CTURES PERIVIITI'ED ; AMENDINg, SECTION 4.4.6,
"MEDIUM DEN3/xTY RESIDENTIAL (RM) DISTRICT, SUBSECTIO,N,
4.4.600), "PRINCIP~L USES AND STRUCTURES PERMITI'ED;
AMENDING SECTION 4.4.17, "RESIDENTIAL OFFICE (RO)
DISTRICT", SUBSECT!.ON 4.4.1700), "PRINCIPAL USES AND
STRUCTURES PERMITI~D'; AI.I. BY ADDING 'PUBLIC PARKING
LOTS NOT ASSOCIATE~ WITH A USE, PURSUANT TO AN
~DOPTED NEIGHBORH~,O~ OR REDEVELOPMENT PLAN' AND
PUBLIC POCKET PARKS' A~. PERMIT'YEn USES WITHIN THE
RESPECTIVE ZONING DISTRICTS; BY AMENDING APPENDIX "A",
"DEFINITIONS", OF THE LAND' {DEVELOPMENT REGULATIONS
TO PROVIDE A DEFINITION FO~. THE TERM 'POCKET PARK';
PROVIDING A SAVING CLAUSE, A '. ~G~, RAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE. ~~
. WHEREAS, pursuant to LDR Section 1.1.6, ,,~he Planning and Zoning Board
reviewed the proposed text amendments at a public hearing held'~n January 24, 2000, and voted
unanimously to recommend that the changes be approved; and NN
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), ~ Planning and Zoning
Board, sitting as the Local Planning Agency, has determined that the change~ consistent with and
· furthers the goals, objecuves and policies of the Comprehensive Plan. N
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COIgtMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations", Section 4.4.3, "Single Family
Residential (R-l) Districts", Subsection 4.4.300), ''Principal Uses and Structures Permitted", of the
Land Development Regulations of the City of Delray Beach, be and the same is hereby amended to
read as follows:
03)X.~Principal Uses and Structures Permitted: The following types of use are
allowed w~thin the Siflgle Family Districts as a permitted use:
(1) CQnvenfionally sited single family detached residences
(2) Foster,Homes pursuant to restrictions set forth in Section 4.3.3(I)
(3) Public p~fing lots not associated with a use, pursuant to an adopted
neighborho~d or redevelopment plan
(4) Public pocket p&x,ks
Section 2. That Chapter Four,~Zoning Regulations", Section 4.4.5, "Low Density
Residenual (RL) Dxstrict", Subsection 4.4.5(B), '~Prmcipal Uses and Structures Permitted", of the
Land Development Regulations of the City of Delra~ Beach, be and the same is hereby amended to
read as follows:
(B) Principal Uses and Structures eP~aaitted: The following types of use are
allowed within the RL District as a permitted use:
(1) Single family detached dwellings
(2) Duplex structures
(3) Multiple family structures
(4) Group Homes, Level I
(5) Public parking lots not associated with a use, pursuaX~,t to an adopted
neighborhood or redevelopment plan
(6) Public pocket parks
Section 3. That Chapter Four, "Zoning Regulations", Section 4.4.6, "Medium
Density Residential (RM) District", Subsection 4.4.603), "Principal Uses and Structures Permitted",
of the Land Development Regulations of the City of Delray Beach, be and the same is hereby
amended to read as follows:
03) Principal Uses and Structures Permitted: The following types of use are
allowed within the RM District as a permitted use:
(1) Single family detached dwellings
Duplex structures
(3) ~fiple family structures
(4) An fi\bused Spouse Residence with twelve (12)
(5) Group\H, omes, Levels I and II
(6) Public pa ,fl0ng lots not associated with a use,
neighborhoc~d or redevelopment plan
or fewer residents
pursuant to an adopted
(7) Public pocket l~,rks
\
Section 4. That Chapter Fbur, "Zoning Regulations", Section 4.4.17, "Residential
Office (RO) District", Subsection 4.4.17(]3), "l*rmcipal Uses and Structures Permitted", of the Land
Development Regulations of the Cxty of Delray Beach, be and the same is hereby amended to read
as follows:
(B) Principal Uses and Structures~ Pe .t~ni~t~ed:
allowed within the RO District as a permitted use: ~tj
(1) Single family detached dwellm~ u~Lits
The following types of use are
(2) Duplex structures and dwelling units
(3) Business and professional offices
(4) Abused Spouse Residence, limited to forty~0) or fewer residents
(5) Funeral parlors, funeral homes
(6) Public parking lots not associated with a to an adopted
ne~hborhood ox redevelopment plan
S~ction 5. That Appendix "A", "Definitions", of the Land Development
Regulations of the~ty of Delray Beach, is hereby amended by adding the following definition:
Pocket park A park that is less than one-half acre is size, and
which may include benches, limited phy~ound
equipment, and similar amenities intended
primarily for use by residents of the
surrounding neighborhood.
Section 6. Tha~{hould any section or provision of this ordinance or any portion
thereof, any paragraph, sentence ~r word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affec~the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invfil~
Section 7. That all ordinXaxnces or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
Section 8. That this ordmance~sshall become effective immediately upon its passage
on second and final reading. ~
PASSED AND ADOPTED in regfil~ar session on second and final reading on this
the ~ day of ., 2000. "~
ATTEST:
City Clerk
First Reading
Second Reading
", MAYOR
\
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGEt~
AGENDA ITEM ID. ID. - REGULAR MEETING OF FEBRUARY 15, 2000
DATE:
ORDINANCE NO. 4-00 (PUBLIC PARKING LOTS AND POCKET PARKS
WITHIN RESIDENTIAL DISTRICTS)
FEBRUARY 10, 2000
This is first reading and the first pubhc hearing for Ordinance No. 4-00 which amends the Land
Development Regulations by adding public parking lots and/or pocket parks as a permitted use m the
R-1 (Single Family) zoning districts, the RL (Low Density Res~denttal) district, the RM (Medium
Density Residential) district, and the RO (Residential Office) district. It also provides a definition for
the term "pocket park".
As currently drafted, the ordinance proposed to allow the use of public parking lots within exasting
neighborhoods where inadequate private parking exists. Such lots would be a permitted use when
pursuant to an adopted neighborhood or redevelopment plan. The ordinance also proposes to allow
pocket parks as a perrmtted use m the R-l, RL and RM zoning chstncts.
The City Attorney and I beheve there are legal problems with perrmtting a use based on ownership
rather than the appropriateness of the use ~tself. Therefore, we recommend that this ordinance be
rejected and staff directed to work with the City Attorney's office to develop an alternative method
for handling this ~ssue.
RefiAgmemo21 Ord 4-00.Parking Lots & Pocket Parks Res Districts
ORDINANCE NO. 4-00
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH
BY AMENDING CHAPTER FOUR, "ZONING REGULATIONS",
SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-I) DISTRICTS",
SUBSECTION 4.4.3(B), "PRINCIPAL USES AND STRUCTURES
PERMITTED"; AMENDING SECTION 4.4.5, "LOW DENSITY
RESIDENTIAL (RL) DISTRICTS", SUBSECTION 4.4.5(B), "PRINCIPAL
USES AND STRUCTURES PERMITTED"; AMENDING SECTION 4.4.6,
"MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SUBSECTION
4.4.6(B), "PRINCIPAL USES AND STRUCTURES PERMITTED";
AMENDING SECTION 4.4.17, "RESIDENTIAL OFFICE (RO)
DISTRICT", SUBSECTION 4.4.17(B), "PRINCIPAL USES AND
STRUCTURES PERMITTED"; ALL BY ADDING 'PUBLIC PARKING
LOTS NOT ASSOCIATED WITH A USE, PURSUANT TO AN
ADOPTED NEIGHBORHOOD OR REDEVELOPMENT PLAN' AND
'PUBLIC POCKET PARKS' AS PERMITTED USES WITHIN THE
RESPECTIVE ZONING DISTRICTS; BY AMENDING APPENDIX "A",
"DEFINITIONS", OF THE LAND DEVELOPMENT REGULATIONS
TO PROVIDE A DEFINITION FOR THE TERM 'POCKET PARK';
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board
reviewed the proposed text amendments at a public hearing held on January 24, 2000, and voted
unanimously to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning
Board, s~tting as the Local Planning Agency, has determined that the change is consistent with and
furthers the goals, objectives and policies of the Comprehensxve 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", Section 4.4.3, "Single Family
Residential (R-l) Dismcts", Subsectton 4.4.3(B), "Pfinclpal Uses and Structures Pernutted", of the
Land Development Regulations of the City of Delray Beach, be and the same is hereby amended to
read as follows:
03) Principal Uses and Structures Permitted: The following types of use are
allowed within the Single Famdy Districts as a permitted use:
(1) Conventionally sited single family detached residences
(2) Foster Homes pursuant to restrictions set forth in Secnon 4.3.30)
(3) Public parking lots not associated with a use, pursuant to an adopted
neighborhood or redevelopment plan
(4) Pubhc pocket parks
Section 2. That Chapter Four, "Zoning Regulations", Section 4.4.5, "Low Density
Residential 0LL) District", Subsecnon 4.4.503), "Principal Uses and Structures Permitted", of the
Land Development Regulattons of the City of Delray Beach, be and the same is hereby amended to
read as follows:
03) Principal Uses and Structures Permitted: The following types of use are
allowed within the RL District as a perrmtted use:
(1) Single family detached dwellings
(2) Duplex structures
(3) Multiple famtly structures
(4) Group Homes, Level I
(5) Public parking lots not associated with a use, pursuant to an adopted
neighborhood or redevelopment plan
(6) Public pocket parks
Section 3. That Chapter Four, "Zoning Regulations", Secuon 4.4.6, "Medium
Density Residential (RM) District", Subsection 4.4.603), "Principal Uses and Structures Permitted",
of the Land Development Regulations of the City of Delray Beach, be and the same is hereby
amended to read as follows:
03) Principal Uses and Structures Permitted: The following types of use are
allowed within the RM District as a permitted use:
(1) Single farmly detached dwellings
(2) Duplex structures
(3) Muluple family structures
(4) An Abused Spouse Residence with twelve (12) or fewer residents
(5) Group Homes, Levels I and II
(6) Pubhc parking lots not associated with a use, pursuant to an adopted
neighborhood or redevelopment plan
(7) Public pocket parks
Section 4. That Chapter Four, "Zoning Regulations", Section 4.4.17, "Residential
Office (RO) D~strict", Subsection 4.4.1703), "Principal Uses and Structures Permitted", of the Land
Development Regulations of the City of Dekay Beach, be and the same is hereby amended to read
as follows:
03) Principal Uses and Structures Permitted:
allowed within the RO D~strict as a perrrntted use:
The following types of use are
(1) Single family detached dwelling umts
(2) Duplex structures and dwelling units
(3) Business and professional offices
(4) Abused Spouse Residence, limited to forty (40) or fewer resxdents
(5) Funeral parlors, funeral homes
(6) Public parking lots not associated with a use, pursuant to an adopted
neighborhood or redevelopment plan
Section 5. That Appendix "A", "Defimtions", of the Land Development
Regulations of the City of Delxay Beach, xs hereby amended by adding the following definition:
Pocket Park
A park that is less than one-half acre is size, and
whsch may include benches, hmsted playground
eqtnpment, and smailar amemt~es intended
primarily for use by resxdents of the
surrounding neighborhood.
Section 6. 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 junsdicuon to be
invalid, such decxsion shall not affect the valichty 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 are hereby repealed.
Section 8. That this ordinance shall become effective immediately upon its passage
on second and final reading.
the
PASSED AND ADOPTED in regular session on second and final reading on this
__ day of ,2000.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER _ ~
DIANE DOMINGUE. Z, P & Z DIRECTOR /l~,~ /,
CITY COMMISSION MEETING OF FEBRUARY 15, 2000
CONSIDERATION OF AMENDMENTS TO THE LAND DEVELOPMENT
REGULATIONS (LDRs) DEALING WITH PUBLIC PARKING LOTS AND POCKET
PARKS WITHIN RESIDENTIAL DISTRICTS
Pursuant to the Seacrest/Del-lda Park Neighborhood Plan, the Community Redevelopment Agency
has acquired several properties in the Seacrest neighborhood for construction of off-street parking lots
and has submitted plans for site plan review. Currently, parking lots not associated with a use are not
a permitted use in the city's residential districts.
The CRA also proposes to include a pocket park adjacent to one of its proposed parking lots. This
proposed park will include a playground for neighborhood children. Although recreational facilities are
currently allowed as an accessory use attendant to a subdivision and operated under a bonafide
homeowners association, there are no provisions made in the LDRs for locating public parks in
existing residential neighborhoods other than through a rezoning of the property. The proposed
amendments will add public pocket parks as a permitted use to R-l, RL, and RM zoning districts.
For additional background and analysis see the attached P & Z Board staff report.
At its meeting of January 13, 2000, the Community Redevelopment Agency reviewed the proposal
and recommended approval of proposed amendments.
At its meeting of January 24, 2000, the Planning and Zoning Board held a public hearing in
conjunction with review of the request. No one from the public spoke on the matter. The Board voted
7-0 to recommend approval of the proposed amendments.
By motion, approve the attached ordinance amending LDR Section 4.4.3(B) Principal Uses and
Structures Permitted for the Single Family Residential (R-l) Districts, Section 4.4.5(B)Principal Uses
and Structures Permitted for the Low Density Residential (RL) District, Section 4.4.6(B)Principal Uses
and Structures Permitted for the Medium Density Residential (RM) District, and Section 4.4.17(B)
Principal Uses and Structures Permitted for the Residential Office (RO) District, adding public parking
lots and/or pocket parks as a permitted use and LDR Appendix A, providing a definition for "Pocket
Park".
Attachments: · Ordinance
· P & Z Staff Report and Documentation of January 24, 2000
\\misrv001\departments\planning & zoning\boards\city commission\pocket park text amendment.doc
OF DELRAYBEACH
NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS TO kLLOW 'PUBUC PARKING LOTS' AND ?UBLIC POCKET
PARKS' AS PERMITTED USES IN CERTAIN RESIDENTIAL ZONING DISTRICTS
The City Commi$5ioll of th~ C~ty of D~lray B~h, Florida,
to adopt the following ordinance:
QRDINANCE NO. 4-00
AN ORDINANCE OF THE ~ COMM/SSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRA¥ BEACH
BY AMENDING CHAPTER FOUR, 'ZONING REGULATIONS",
SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-l) DISTRICTS",
SUBSECTION 4.4.3(B), "PRINCIPAL USES AND STRUCTURES
PERMITTED"; AMENDING SECTION 4.4.5, "LOW DENSITY
RESIDENTIAL (RL) DISTRICT', SUBSF. ETION 4.4.5(B), "PRINCIPAL
USES AND STRUCTURES PERMrITED". AME~ING SECTION
4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT',
SUBSECTION 4.4.6(B), "PRINCIPAL USES AND STRUCTURES
PERMITTED", AMENDING SECTION 4.4.17, "RESIDENTIAL OFFICE
(RO) DISTRICT", SUBSECTION 4.4.17(B), "PRINCIPAL USES AND
STRUCTURF~ PERMITTED", ALL BY ADDING 'PUBLIC PARKING
LOTS NOT ASSOCIATED WITH A USE, PURSUANT TO AN
ADOPTED NEIGHBORHOOD OR REDEVELOPMENT PLAN' AND
'PUBLIC POCKET PARKS' AS PERMIT'FED USES WITHIN THE
RESP~ ZONING DISTRICTS; BY AMENDING APPENDIX "A",
"DEFINITIONS", OF THE LAND DEVELOPMENT REGULATIONS TO
PORVIDE A DEFINITION FOR THE TERM 'POCKET PARK';
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EPFECTIVE DATE.
The City Commission will conduct mo (2) Public Hearings for the purpose
of accepting public testimony regarding the proposed ordinance. The first
Public Hearing was beld on TUESDAY, FEBRUARY 15, 2000, AT 7:00
P.M., in the Commission Chambers at City Hail, 100 N.W. 1st Avenue,
Delray Beach, Florida. The second Public Hearing will be held on
TUESDAY, MARCH 7, 2000 AT 7:00 P.M. (or at auy continuation of such
meeting which is set by the Commi.qsion).
AH interested citizens are invited to attend the public hearings andr. omment
upon the proposed ordinance or submit ~ comments in writing on or
before the date of these hearings to the plannin~ aaa Zoning Deparmaent.
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 3???. (Phone 561-243-7040), 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: The Boca Ramn News
February 7, 2000
March 1,2000
Adg: 795540
~ OF DELRAY BEACH
Alison MacOregor Harry