32-94 ORDINANCE NO. 32-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.21,
"COMMUNITY FACILITIES (CF) DISTRICT", OF THE LAND
DEVELOPMENT REGULATIONS OF. THE CITY OF DELRAY BEACH,
FLORIDA, BY CLARIFYING PURPOSE AND INTENT, TYPES OF
USES ALLOWED, AND DEVELOPMENT, SUPPLEMENTAL AND SPECIAL
REGULATIONS FOR THE ZONE 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", Section 4.4.21, "Community Facilities (CF)
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
to read as follows:
Section 4.4.21 Community Facilities (CF) District:
(A) Purpose and Intent: The Community Facilities (CF)
District is a special purpose zone district primarily~ but not
exclusively, intended for £~6~~ locations at which facilities are
provided to ~ serve public~ ~ semi-public, and private purposes.
~/~/~I~/~I~//~/~~/~~/~~//~/~/~f~//~f
~9~1~~/~~ Such purposes include governmental ~//~~,
religious~ educational, health care~ social service, and special
facilities ~~6~. It is also applied to regulated properties
subjected to a transfer of development rights pursuant to Section
4.6.20.
The CF District is deemed compatible with all land use
designations shown on the Future Land Use Map.
(B) Principal Uses and Structures Allowed: The following
types of use are allowed within the CF District as a permitted use:
(1) Governmental~ f~I~ such as: civic centers,
courts, courthouses, temporary holding facilities, fire stations,
governmental offices, public health facilities, law enforcement offices
and facilities, post offices, public utility facilities (e.g., lift
stations), water storage tanks, water treatment plants, water wells,
wastewater treatment plants, drainage facilities.
(2) Community~ f~~ such as: civic centers,
community centers, community theatre, cultural facilities and
auditoriums, arts and crafts centers, libraries, museums, public parking
lots$/~fR~h~ and garages.
(3) P~///~///~ecreation~ f~~ such as:
community centers, ~~/b~I~f~I~f tennis centers, swimming centers~
~6~fl~~l~l~16~/~61~l~b~.
(4) Services, ~M~M//f~~ such as: Abused
Spouse Residences, Child Care Centers, Day Care Centers, ~M~//M~
L~9~/~//~h~//I~ community Residential Facilities with six or less
occupants.
(5) Reli~ious~ such as: churches and places of worship
with attendant uses of day care, pre-school~ educational facilities~ and
with other normal educational (Sunday school) and recreational
facilities~ and. support facilities (e.g., parsonage).
(~) Restricted usage allowed pursuant to an ordinance
enacted to sever development rights under a Transfer of Development
Rights (TDR). (See Section 4.6.20).
(C) Accessory Uses and Structures Permitted: The following
uses are allowed when a part of, or accessory to, the principal use:
(1) Parking lots and garages
(2) Service and refuse areas
(3) Cafeterias, snack bars, restaurants, exercise
facilities, etc., when contained in the same structure as the principal
use.
- 2 - Ord. No. 32-94
(4) Storage of inventory, equipment, or materials,
within a structure or in an approved outside location.
(5) Concessions and services provided under a license
agreement with the City.
(D) Conditional Uses and Structures Allowed: The following
uses are allowed as conditional uses:
(1) Health Care~ such as: Adult Congregate Living;
Continuing Care; Homes for the Aged; ~ Nursing Homes;
Substance Abuse Treatment Facilities; Hospitals, with or without
helipads and associated laboratories~ treatment centers~ rehabilitation
centers~ and testing facilities; and Mental Health Treatment Facilities
including residential care.
(~) Educational~ f~I~ either public or private~
and vocational schools except for training or programs which can be
conducted in multipurpose buildings or offices (e.g., a dance school,
real estate school, etc.) which may be located in various commercial
districts.
Community Residential Homes with seven or more occupants.
- 3 - Ord. No. 32-94
(4) Transportation, such as: bus stations, railway
stations, taxi dispatch (more than one taxi), and park and ride areas.
(5) Special Services and Facilities, such as: privately.
operated parking lots and garages; stadiums and arenas; refuse transfer
stations; power transfer stations; and communication towers.
(E) Review and Approval Process:
(1) In established structures, principal and accessory
uses shall be allowed therein upon application to, and approval by, the
Chief Building Official for a certificate of occupancy.
(2) For any new development, approval must be granted by
the Site Plan Review and Appearance Board pursuant to Sections 2.4.5(F),
2..4 5(H), and 2..4 5(I) .
(3) Conditional uses must be approved pursuant to
Section 2.4.5(E) .
(F) Development Standards: The development standards as set
forth in Section 4.3.4 shall apply as guidelines for site development.
While deviations from these standards are allowed, each deviation must
be specifically approved by the Site Plan Review and Appearance Board.
(G) Supplemental District Regulations: The supplemental
district regulations as set forth in Article 4.6 shall apply.
(H) Special Regulations:
(1) W~l~lf~ll~l~~l~ll~l~~ll~
The perimeter setback area, when provided, f~/f~//~/f~f//J~l~
~ff~M~/~M~/~~f~W~ shall be a landscaped area within which no
paving shall be allowed except for driveways and walkways leading to
structures on the premises. Such driveways and walkways shall be
generally perpendicular to the property line. ~/~//~/~//~
~~/~/~/~~//f~/~;~/~//f~/~/~~//~
~/~/f~f~/f~/~/~/~~
- 4 - Ord. No. 32-94
(2) When this zone district is adjacent to residential
zoning, the perimeter landscape area should be increased to a depth of
fifteen feet (15'); or, as an alternative, either a wall~ decorative
fencing, or hedgin~ should be installed for aesthetic and buffer
purposes.
Section 2. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
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 Cl~rk
First Reading June 7, 1994
Second Reading June 21t 1994
- 5 - Ord. No. 32-04
MEMORANPUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt~
SUBJECT: AGENDA ITEM ~ /O ~ _ MEETING OF JUNE 21. 1994
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO.
32-94/LDR AMENDMENT TO SECTION 4.4.21. "CF (COMMUNITY
FACILITIES) DISTRICT
DATE: JUNE 17, 1994
This is second reading and public hearing for Ordinance No. 32-94
which amends the CF (Community Facilities) zoning district by
clarifying its purpose and intent, amending the types of uses
allowed, and modifying certain special regulations to allow for
the relaxation of the district boundary requirements.
This amendment is associated with the creation of the OSR
District in that it deletes from the CF District those uses which
will now be permitted under OSR zoning (i.e., golf courses, city
parks having active outdoor components such as ballfields, and
cemeteries). It continues to accommodate public and private
facilities for governmental, religious, educational, health care
and social service purposes, and is also applied to certain large
scale recreation centers such as the municipal tennis complex.
Churches and places of worship are now proposed to be allowed in
the CF zone as a principal use rather than a conditional use. The
proposed changes to the district boundary requirements will allow
for more flexibility in the provision of buffers and landscape
treatment.
The Planning and Zoning Board formally reviewed this item on
April 18, 1994, and forwarded it to the Commission with a
unanimous recommendation for approval. On June 7, 1994, the
Commission passed Ordinance No. 32-94 on first reading by a 4 to
0 vote.
Recommend approval of Ordinance No. 32-94 on second and final
reading.
ref:agmemol5
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
SUBJECT: MEETING OF JUNE 7, 1994
LDR AMENDMENT TO SECTION 4.4.21, CF (COMMUNITY
FACILITIES 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 involves changes to the CF (Community
Facilities) zoning district.
BACKGROUND:
This item is associated with the amendment creating the OSR
(Open Space and Recreation) zoning district. The OSR District
is intended to be applied to outdoor oriented recreational
facilities such as golf courses, ballfields, and the like.
Concurrent with the creation of the OSR zone, both the CF and
the OS (Open Space ) districts are being modi fied. For
additional background information, see the documentation
regarding the creation of the OSR district.
ANALYSIS
The amendment will delete from the CF District those uses which
will now be permitted under OSR zoning. Those uses include
recreation facilities such as golf courses, and city parks
having active outdoor components such as ballfields. The CF
District will continue to be applied to certain large scale
recreation centers such as the municipal tennis complex.
Another modification to the district would allow churches in the
CF zone as a principal use rather than a conditional use. This
change is appropriate in that churches currently have to go
through both a rezoning and conditional use process to establish
their facilities, followed by the site plan review process.
That level of review is excessive for this type of use--most of
the relevant issues can be addressed through the rezoning and
site plan processes.
City Commission Documentation
LDR Amendment to the CF District
Page 2
Additional changes to the CF zoning involve the relaxation of
the district boundary requirements. Currently there is a set
requirement to provide a 10'-15' buffer along the front and side
streets. Additional requirements listed in Section 4.6.4,
Special District Boundary Treatment state that when adjacent to
residential districts, the CF zoned property must provide a
minimum landscaped setback of 15', or must provide a 10' setback
and a wall or hedge. In some instances these requirements have
proven to be excessive given the type of development proposed.
A related amendment would delete the language in 4.6.4.
entirely. This amendment would replace it with language within
the CF zoning regulations itself which will allow for more
flexibility in the provision of these buffers and landscaped
treatment.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of April 18, 1994. The Board voted 7-0 to recommend
approval of the amendment to the CF District as attached.
RECOMMEND ED ACTION:
By motion, approve the amendment to Section 4.4.21, Community
Facilities District as attached.
Attachment:
* Ordinance by others
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGE R ~
SUBJECT: AGENDA ITEM 9 /~ - MEETING OF JUNE 7, 1994
FIRST READING FOR ORDINANCE NO. 32-94/LDR AMENDMENT TO
SECTION 4.4.21, "CF (COMMUNITY FACILITIES) DISTRICT
DATE: JUNE 2, 1994
This is first reading for Ordinance No. 32-94 which amends the CF
(Community Facilities) zoning district by clarifying its purpose
and intent, amending the types of uses allowed, and modifying
certain special regulations to allow for the relaxation of the
district boundary requirements.
This amendment is associated with the creation of the OCR District
in that it deletes from the CF District those uses which will now
be permitted under OSR zoning (i.e., golf courses, city parks
having active outdoor components such as ballfields, and
cemeteries). It continues to accommodate public and private
facilities for governmental, religious, educational, health care
and social service purposes, and is also applied to certain large
scale recreation centers such as the municipal tennis complex.
Churches and places of worship are now proposed to be allowed in
the CF zone as a principal use rather than a conditional use. The
proposed changes to the district boundary requirements will allow
for more flexibility in the provision of buffers and landscape
treatment.
The Planning and Zoning Board formally reviewed this item on April
18, 1994, and forwarded it to the Commission with a unanimous
recommendation for approval.
Recommend approval of Ordinance No. 32-94 on first reading. If
passed, public hearing on June 21, 1994.
ref:agmemol5