53-94 ORDINANCE NO. 53-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.4, "SPECIAL
DISTRICT BOUNDARY TREATMENT", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY
REPEALING SUBSECTION 4.6.4(E), "COMMUNITY FACILITIES
ZONING ADJACENT TO RESIDENTIAL ZONING", IN ITS
ENTIRETY; 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 has forwarded the change with a unanimous 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 not inconsistent with 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 Four, "Zoning Regulations", Article
4.6, "Supplemental District Regulations" Section 4 6.4 "Special
District Boundary Treatment", of the Land Development Regulations of
the City of Delray Beach, Florida, be, and the same is hereby amended
by repealing Subsection 4.6.4(E), "Community Facilities Zoning
Adjacent to Residential Zoning", in its entirety.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.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:
JCi%y Cl~rk
First Reading June 7, 1994
Second Reading June 21, 1994
- 2 - Ord. No. 53-94
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # / ~ ~ - MEETING OF JUNE 21, 1994
ORDINANCE NO. 53-94/REPEALING LDR SECTION 4.6.4(E)
DATE: JUNE 17, 1994
This is public hearing for Ordinance No. 53-94 which amends
Section 4.6.4, "Special District Boundary Treatment", of the Land
Development Regulations by repealing Subsection 4.6.4(E),
"Community Facilities Zoning Adjacent to Residential Zoning".
As noted in the staff report, this LDR Section requires specific
boundary treatment whenever CF zoning is adjacent to residential
zoning. This has sometimes proven to be excessive. The proposed
amendment eliminates these specific requirements and replaces
them with the more flexible guidelines contained in the amendment
to the CF district itself.
The Planning and Zoning Board formally reviewed this item on
April 18, 1994, and forwarded it to the Commission with a
unanimous recommendation of approval. On June 7, 1994, the
Commission passed Ordinance 53-94 on first reading by unanimous
vote.
Recommend approval of Ordinance No. 53-94 on second and final
hearing.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM #/~ ~ - MEETING OF JUNE 7, 1994
FIRST READING FOR ORDINANCE NO. 53-94/REPEALING LDR
SECTION 4.6.4(E)
DATE: JUNE 2, 1994
This is first reading for Ordinance No. 53-94 which amends Section
4.6.4, "Special District Boundary Treatment", of the Land
Development Regulations by repealing Subsection 4.6.4(E),
"Community Facilities Zoning Adjacent to Residential Zoning".
As noted in the staff report, this LDR Section requires specific
boundary treatment whenever CF zoning is adjacent to residential
zoning. This has sometimes proven to be excessive. The proposed
amendment eliminates these specific requirements and replaces them
with the more flexible guidelines contained in the amendment to the
CF district itself.
The Planning and Zoning Board formally reviewed this item on April
18, 1994, and forwarded it to the Commission with a unanimous
recommendation of approval.
Recommend approval of Ordinance No. 53-94 on first reading. If
passed, public hearing on June 21, 1994.
ref:agmemol7
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
DIRECTOR OF PI2%NNING & ZONING
SUBJECT: MEETING OF JUNE 7, 1994
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
apDroval of an amendment deleting LDR Section 4.6.4 (E), '
Community Facilities Zoninq Adjacent to Residential Zoninq.
BACKGROUND:
The LDR section that is the subject of the attached ordinance,
4.6.4, provides specific regulations for the treatment of
boundaries between residential and nonresidential districts.
Currently, 4.6.4(E) requires that whenever CF zoning is adjacent
to a residential zone, a landscaped setback of 15' (or 10' and a
wall or hedge) is to be provided. In some instances this
requirement has proven to be excessive, as many of the uses
zoned CF (day care centers, churches, etc. ) are quite compatible
with residential neighborhoods. This amendment would delete
these specific requirements. A related amendment to the CF
district itself will replace these requirements with a more
flexible guideline for the treatment of these boundary areas.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of April 18, 1994, along with the changes being made to
the CF district regulations. There was no public testimony
regarding this amendment. The Board voted 7-0 to recommend
approval of the amendment.
RECOMMEND ED ACTION:
By motion, approve the attached ordinance deleting LDR Section
4.6.4(E) in its entirety.
Attachment:
* Ordinance by others
T~CC464.DOC