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31-94 ORDINANCE NO. 31-94 AN oRDINANCE OF THE CITY COMMISSION OF THE CITY OF "ZONING DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SECTION 4.4.27, "OPEN SPACE AND RECREATION (OSR) DISTRICT"; 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 its meeting of April 18, 1994, and, by unanimous vote, 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 4, "Zoning Regulations", Article 4.4, "Base Zoning District", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a new Section 4.4.27, "Open Space and Recreation (OSR) District", 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 (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 Regulations: All standards for the development and/or use of property zoned OSR shall be established pursuant to the site and development plan. Section 2. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. - 2 - Ord. No. 31-94 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 ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 21st day of June , 1994. ATTEST: City Clerk ' First Reading June 7, 1994 Second Reading June 21~ 1994 - 3 - Ord. No. 31-94 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~ /O ~ - MEETING OF JUNE 21. 1994 SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. ~-94/LDR AMENDMENT CREATING SECTION 4.4.27, "OSR (QP~N SPACE AND RECREATION~ DISTRICT DATE: JUNE 17, 1994 This is second reading and public hearing for Ordinance No. 31-94 which amends the Land Development Regulations by creating a new zoning district to be known as the OSR (Open Space and Recreation) District. This amendment is proposed in response to direction from the Commission in February, 1993, to refine the CF (Community Facilities) District. It, along with the proposed amendments to the CF and OS (Open Space) zoning districts, is intended to provide a zoning category which clearly delineates the types of use it is intended to accommodate. The attached staff report provides additional background and analysis of the OSR District. Basically, it is intended primarily for outdoor recreational uses such as golf courses and city parks with active facilities such as ballfields. The Planning and Zoning Board formally reviewed this item at its meeting of April 18, 1994, and forwarded the amendment to the Commission with a unanimous recommendation of approval. Staff has subsequently proposed the inclusion of "Residential facilities for temporary occupancy by participants of recreational programs" as an accessory use in the OSR district in order to accommodate the residential facilities at the Bucky Dent Baseball School. The Commission passed Ordinance No. 31-94 on first reading on June 7, 1994, by a 4 to 0 vote. Recommend approval of Ordinance No. 31-94 on second and final reading. ref:agmemol4 CITY COMMISSION DOCUMENTATION TO: DAV~ID T. HARDEN, CITY MANAGER FROM: D DIRECTOR OF PLANNI~ING SUBJECT: MEETING OF JUNE 7, 1994 LDR AMENDMENT CREATING SECTION 4.4.27, OSR (OPEN SPACE AND RECREATION) DISTRICT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of an amendment to the Land Development Regulations. The amendment creates a new zoning district to be known as .... the OSR (Open Space and Recreation) District. B A C K G R 0 U N D: This amendment is the result of direction given by the City Commission in February of 1993, during consideration of changes proposed to the CF (Community Facilities) District. Those changes involved a renaming of the district to IFS (Institutions Facilities and Services), and the provision of flexibility in some of the development standards and allowable uses. During the discussion of the amendment, the Commission noted that the district was quite broad in scope, in that it accommodated uses ranging from parks and ballfields to government centers and hospitals. Direction was given to create two separate zoning districts from the CF zone: one that would accommodate services and institutions, and one that would be applied to recreational facilities. The resulting new zoning district is the OSR (Open Space and Recreation) District. ANALYSIS The OSR District is intended primarily for outdoor recreational uses such as golf courses and city parks with active facilities such as ball fields. It is also appropriate for recreation centers that involve outdoor oriented activities, such as the Catherine Strong Center and Pompey Park. As a result of the creation of this district, golf courses will be deleted as an allowable use in the Open Space district, and golf courses throughout the City will be rezoned to OSR. The OSR as proposed provides additional clarification as to the types of accessory uses that will be permitted in conjunction with golf courses and other active recreation areas. City Commission Documentation LDR Amendment Creating OSR District Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of April 18, 1994. At the suggestion of members of the Hamlet Golf and Tennis Club, the Board recommended that language be added which allowed for private recreational facilities operated in conjunction with golf courses. The Board voted 7-0 to recommend approval of the amendment. During its discussion of the related rezonings of facilities from CF and OS to OSR, a question was raised regarding the residential facilities at the Bucky Dent Baseball School. Because such facilities are not listed as allowable in the OSR district, the Board recommended that the facility remain zoned CF. However, that creates other complications, as parks and ballfields are being deleted from the CF district. A more appropriate approach would be the inclusion of the use "Residential facilities for temporary occupancy by participants of recreational programs" as an accessory use in the OSR District. RECOMMEND ED ACTION: By motion, approve the LDR amendment creating Section 4.4.27, Open Space and Recreation District as attached, with the addition of the following under Section 4.4.27 (C) Accessory Uses and Structures Allowed: (7) Residential facilities for temporary occupancy by participants of recreational programs. Attachment: * Ordinance by others T=CCOSRLDR.DOC MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDA ITEM # /kD - MEETING OF JUNE 7, 1994 FIRST READING FOR ORDINANCE NO. 31-94/LDR AMENDMENT CREATING SECTION 4.4.27, "OSR (OPEN SPACE AND RECREATION) DISTRICT DATE: JUNE 2, 1994 This is first reading for Ordinance No. 31-94 which amends the Land Development Regulations by creating a new zoning district to be known as the OSR (Open Space and Recreation) District. This amendment is proposed in response to direction from the Commission in February, 1993, to refine the CF (Community Facilities) District. It, along with the proposed amendments to the CF and OS (Open Space) zoning districts, is intended to provide a zoning category which clearly delineates the types of use it is intended to accommodate. The attached staff report provides additional background and analysis of the OSR District. Basically, it is intended primarily for outdoor recreational uses such as golf courses and city parks with active facilities such as ballfields. The Planning and Zoning Board formally reviewed this item at its meeting of April 18, 1994, and forwarded the amendment to the Commission with a unanimous recommendation of approval. Staff has subsequently proposed the inclusion of "Residential facilities for temporary occupancy by participants of recreational programs" as an accessory use in the OSR district in order to accommodate the residential facilities at the Bucky Dent Baseball School. Recommend approval of Ordinance No. 31-94 on first reading. If passed, public hearing on June 21, 1994. ref:agmemol4