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20-81 VOID ORDINANCE NO. 20-gl AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 30-6(P) "RM-(~ MULTIPLE FAMILY DWELLING DISTRICT", SECTION 30-7(P) "RMoI0 MULTIPLE FAMILY DWELLING DISTRICT", SECTION 30-8(P)" RM-15 MUL- TIPLE FAMILY DWELLING DISTRICT", BY ENACTING A NEW SUBSECTION (6); AND AMENDING SECTION 30-$.1(R) "PRD-g PLANNED RESIDENTIAL DISTRICT", SECTION 30-8.2(R) "PRD-7 PLANNED RESIDENTIAL DISTRICT", AND SECTION 30-g.3(R) "PRD-10 PLANNED RESIDENTIAL DISTRICT" BY ENACTING A NEW SUBSECTION (12) TO REQUIRE THE DEDICATION OF PARK AND RECREATION LAND BY DEVELOPERS OF MULTIPLE FAMILY AND PLANNED RESIDENTIAL DEVELOPMENT; PROVID- ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 30 "Zoning", Section 30-6(P) "RM=6 Multiple Family Dwelling District", Section 30-7(P) "RM-10 Multiple Family Dwelling District", and Section 30-$(P) "RM-15 Multiple Family Dwelling District", of the Code of Ordinances of the City of Delray Beach, Florida, are hereby amended by enacting a new subsection (6) to read as (6) Park and Recreation Land for Multiple Family Developments (a) All developers of multiple family projects shall dedicate to the City five (5) acres of land for each one thousand (1000) persons residing in the proposed development. The following formula shall be used for computing the amount of park and recreation land to be dedicated: 2.31' x Total Units x .005-*: Average Dedication *Average number of persons per dwelling unit **5 acres per 1000 persons Any land to be dedicated as a requirement of this Section shall be reasonably adaptable for use for active park and recreation purposes and shall be at a location convenient to the people to be served. The City Council shall evaluate the adequacy of the proposed park and recreation area, taking into consideration the size and shape, topography, geology, tree cover, access and location of the area. (b) In the event the development is too small, or for other valid reasons, it is not feasible or advisable to dedicate land for recreation purposes, as determined by the Planning and Zoning Board, the developer may be required to pay to the City a sum of money equal to the fair market value of the land area that would otherwise have been required to be dedicated under the terms of paragraph (a) above. The fair market value of such land shall be determined by the City and developer by averaging the value of all the acreage in the subdivision. If the value of such land cannot be determined satisfactorily by the City and the developer, an appraisal board consisting of one appraiser selected by the City at its own expense, one selected by the property owner at his own expense, and a third selected by the other two appraisers at City expense, shall determine the value. (c) Limitation on Use of Land and Fees. The land and fees received under this Section shall be used for the purpose of providing park and recreational facilities to serve the area in which the development is located. Fees paid pursuant to this Section shall be deposited in a special fund to be used for acquisition and development of park and recreational facilities. Monies spent may be expended on neighborhood or community facilities in reasonable proximity to the development. (d) Credit for Private Open 5pace. Where private open space for park and recreational purposes is provided in a proposed development and such space is to be privately owned and maintained by the future residents of the development, such areas shall be credited against the requirement of dedication for park and recreation purposes or the payment of fees in lieu thereof, provided the City Council finds it is in the public interest to do so, and that the following standards are met: 1. That yards, court areas, setbacks and other open areas required to be maintained by the Zoning and Building Regulations shall not be included in the computation of such private open space; and 2. That the private ownership and maintenance of the open space is adequately Provided for by written agreement; and 3. That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be defeated or eliminated without the consent of the City Council; and 4. That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space land; and 5. That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the City's Comprehensive Plan, and are approved by the City Council. Section 2. That Chapter 30 "Zoning", Section 30-g.I(R) "PRD-g Planned Residential District~ SeCtion 30-g.2(R) "PRD-7 Planned Residential District" and Section 30-$.3(R) "PRD-10 Planned Residential District% of the Code of Ordinances of the City of Delray Beach, Florida, are hereby amended by enacting a new subsection (12) to read as follows: (12) Park and Recreation Land for Planned Residential Development (a) All developers of planned residential projects shall dedicate to the City five (5) acres of land for each one thousand (1000) persons residing in the proposed development. The following formula shall be used for computing the amount of park and recreation land to be dedicated: 2.31' x Total Units x .005** = Average Dedication *Average number of persons per dwelling unit **5 acres per 1000 persons Any land to be dedicated as a requirement of this Section shall be reasonably adaptable for use for active park and recreation purposes and shall be at a location convenient to the people to be served. The City Council shall evaluate the adequacy of the proposed park and recreation area, taking into consideration the size and shape, topography, geology, tree cover, access and location of the area. 2 ORD. NO. 20-81 (b) In the event the development is too small, or for other valid reasons, it is not feasible or advisable to dedicate land for recreation purposes, as determined by the Planning and Zoning Board, the developer may be required to pay to the City a sum of money equal to the fair market value of the land area that would otherwise have been required to be dedicated under the terms of paragraph (a) above. The fair market value of such land shall be determined by the City and developer by averaging the value of all the acreage in the subdivision. If the value of such land cannot be determined satisfactorily by the City and the developer, an appraisal board consisting of one appraiser selected by the City at its own expense, one selected by the property owner at his own expense, and a third selected by the other two appraisers at City expense, shall determine the value. (c) Limitation on Use of Land and Fees. The land and fees received under this Section shall be used for the purpose of providing park and recreational facilities to serve the area in which the development is located. Fees paid pursuant to this Section shall be deposited in a special fund to be used for acquisition and development of park and recreational facilities. Monies spent may be expended on neighborhood or community facilities in reasonable proximity to the development. (d) Credit for Private Open Space. Where private open space for park and recreational purposes is provided in a proposed development and such space is to be privately owned and maintained by the future residents of the development, such areas shall be credited against the requirement of dedication for park and recreation purposes or the payment of fees in lieu thereof, provided the City Council finds it is in the public interest to do so, and that the following standards are met: 1. That yards, court areas, setbacks and other open areas required to be maintained by the Zoning and Building Regulations shall not be included in the computation of such private open space~ and 2. That the private ownership and maintenance of the open space is adequately provided for by written agreement; and 3. That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be defeated or eliminated without the consent of the City Council~ and 4. That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space land~ and 5. That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the City's Comprehensive Plan, and are approved by the City Council. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or work 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 3. That this ordinance shall become effective ten days after passage on ORD. NO. 20-8l second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,1981. MAYOR ATTEST: City Clerk First Reading Second Reading VOID ORD. NO. 20-81