33-94 ORDINANCE NO. 33-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.22, "OPEN
SPACE (OS) DISTRICT", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRA¥ BEACH, FLORIDA, BY
CLARIFYING PURPOSE AND INTENT OF THE DISTRICT, AND
AMENDING TYPES OF USES ALLOWED WITHIN 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:
~ That Chapter 4 "Zoning Regulations" Article
4.4, "Base Zoning District", Section 4.4.22, "Open Space (OS)
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 4.4.22 Open Space (OS) District:
(A) Purpose an~ Intent: The Open Space (OS) Zone District
is established in order to most appropriately identify parcels of land
which are used primarily in an open space manner. ~¢~/¢~reated
to reflect some of the open space areas as shown on the Future Land
Use Map, the OS District ~]/~/~¢ is applied to portions of land
development projects which are primarily open space in nature (e.g.,
~ /¢~¢# /~ water bodies) and to other open space areas.
~ncludinq the municipal beach, which are normally not commercialized.
The O$ D~stri~t is deemed gomDa~ible with all land use
~esigDations shown on the Future Land Use Map.
(B) Principal Uses and Structures Permitted: The following
types of use. are allowed within the OS District as a permitted use:
(1) ~~arks, public or private
(2) Water bodies and/or water management tracts within
development projects.
(3) Excess parcels located along the Interstate
Highway System, canals, and similar parcels which should be retained
for open space and aesthetic purposes.
The municipal beach
(5) Drainage retention areas
(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) Interpretative trails, jogging and exercise
(~) Lifeguard stands, headquarters and necessary
support facilities
(5) Maintenance facilities
(D) Conditional Uses and Structures Allowed: There are no
listed conditional uses in the OS 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 OS 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.
- 2 - Ord. No. 33-94
(F) Development, Supplemental, and Special Regulations:
Ail standards for the development and/or use of property zoned OS
shall be established pursuant to the site and development plan.
~ 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.
$_g&~LQ/~_~ 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. 33-94
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.
33-94/LDR AMENDMENT TO SECTION 4.4.22. "OS (OPEN SPACE)
DISTRICT"
DATE:' JUNE 17, 1994
This is second reading and public hearing for Ordinance No. 33-94
which amends the Open Space zoning district by clarifying its
purpose and intent and by amending the types of uses allowed
within the district. It is assoc.iated with the creation of the
OSR District in that this amendment deletes from the OS District
those uses which will now be permitted under OSR zoning,
including golf courses and city parks having active outdoor
components such as ballfields.
The OS District will continue to be applied to passive parks and
to the municipal beach. This amendment also provides
clarification as to the types of accessory uses that are
appropriate under Open Space zoning.
The Planning and Zoning Board formally reviewed this item on
April 18, 1994, and forwarded the proposed amendment to the
Commission with a unanimous recommendation for adoption. On June
7, 1994, the Commission passed Ordinance No. 33-94 on first
reading by unanimous vote.
Recommend approval of Ordinance No. 33-94 on second and final
reading.
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ORDINANCE NO. 33-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.22, "OPEN
SPACE (OS) DISTRICT", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY
CLARIFYING PURPOSE AND INTENT OF THE DISTRICT, AND
AMENDING TYPES OF USES ALLOWED WITHIN 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 4.4.22, "Open Space (OS) 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 4.4.22 Open Space (OS) District:
(A) Purpose and Intent: The Open Space (OS) Zone District is
established in order to most appropriately identify parcels of land
which are used primarily in an open space manner. A~~/~reated to
reflect some of the open space areas as shown on the Future Land Use
Map, the OS District ~/~//b~ is applied to portions of land
development projects which are primarily open space in nature (e.g.,
~£/~6~/~ water bodies) and to other open space areas, including
the municipal beach, which are normally not
c~mm~eia!izatien_
The OS District is deemed compatible with all land use
designations shown on the Future Land Use Map.
CITY COMMISSION DOCUMENTATION
TO: DA~D~. H~EN, CITY MANAGER
DIRECTOR OF PI.~M~INI~ & ZON~
SUBJECT: MEETING OF JUNE 7, 1994 t
LDR AMENDMENT TO SECTION 4.4.22, OS (OPEN SPACE)
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 OS (Open Space)
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 OS and
the CF (Community Facilities) districts are being modified. For
additional background information, see the documentation
regarding the creation of the OSR district.
ANALYSIS
The amendment will delete from the OS District those uses which
will now be permitted under OSR zoning. Those uses include golf
courses and city parks having active facilities such as
ballfields. The OS zone will continue to be applied to passive
parks, including those with excercise and/or interpretive
trails, and to the municipal beach. This amendment also adds
language concerning allowable accessory uses, in order to
further clarify the types of activities that are appropriate in
the OS District.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of April 18, 1994. The original language in the
amendment would have deleted the use "parks" altogether, in
City Commission Documentation
LDR Amendment to the OS District
Page 2
order that the zone be reserved specifically for passive open
space uses such as retention areas, water bodies, and the beach.
However, several residents in attendance at the meeting
expressed concerns over the potential commercialization of city
parks that were to be rezoned OSR. The suggestion was made that
the OS zoning be applied to passive parks such as Barwick, Lake
Ida, and the beach parks, and that the OSR be applied to parks
that have an active component such as ballfields.
After discussion, the Board voted 7-0 to recommend approval of
the amendment to the OS District as provided in the attached
ordinance.
RECOMMEND ED ACTION:
By motion, approve the amendment to Section 4.4.22, ODen SDace
District as attached.
Attachment:
* Ordinance by others
T:CCOSLDR.DOC
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~B/1
SUBJECT: AGENDA ITEM # /~ - MEETING OF JUNE 7, 1994
FIRST READING FOR ORDINANCE NO. 33-94/LDR AMENDMENT TO
SECTION 4.4.22, "OS (OPEN SPACE) DISTRICT"
DATE: JUNE 2, 1994
This is first reading for Ordinance No. 33-94 which amends the Open
Space zoning district by clarifying its purpose and intent and by
amending the types of uses allowed within the district. It is
associated with the creation of the OSR District in that this
amendment deletes from the OS District those uses which will now be
permitted under OSR zoning, including golf courses and city parks
having active outdoor components such as ballfields.
The OS District will continue to be applied to passive parks and to
the municipal beach. This amendment also provides clarification as
to the types of accessory uses that are appropriate under Open
Space zoning.
The Planning and Zoning Board formally reviewed this item on April
18, 1994, and forwarded the proposed amendment to the Commission
with a unanimous recommendation for adoption.
Recommend approval of Ordinance No. 33-94 on first reading. If
passed, public hearing on June 21, 1994.
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