Ord 05-02ORDINANCE NO. 5-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES BY AMENDING SECTION 4.4.27,
"OPEN SPACE AND RECREATION (OSR) DISTRICT",
SUBSECTION (C) "ACCESSORY USES AND STRUCTURES
ALLOWED", TO ADD EDUCATIONAL FACILITIES AS AN
ACCESSORY USE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on January 28, 2002 and voted to recommend
that the changes be approved; 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 goals, 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 Article 4.4, "Base Zoning Districts", Section 4.4.27, "Open Space and
Recreation (OSR) District", Subsection (C), "Accessory Uses and Structures Allowed", 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:
(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.
(s)
of De[ray Beach.
Concessions and setarices provided under a license agreement with the City
(6) Storage of inventory, equipment, and materials, within a structure or in an
approved outside location.
programs.
Residential facilities for temporary occupancy by participants of recreational
(8) Child care programs as an accessory use to (B)(1) and (2) above.
9~ Educational Facilities.
Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That this ordinance shall become effective mediately upon its passage on
second and final reading.
PASSE_DatA~D ADOPTED
day of~/~
in regular session on second and final reading on this the
· 200
City Clerk
First Readinj~ '
Second Reading~-~ ·
MAYOR
2 ORD. NO. 05-02
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT TO THE
LAND DEVELOPMENT REGULATIONS OF
THE CITY OF DELRAY BEACH TO SECTION
4.4.27(C)(8) TO ADD EDUCATIONAL FACILITIES
IN THE OSR (OPEN SPACE AND RECREATION)
ZONING DISTRICT
The City Commission of the City of Delray Beach, Florida, proposes
to adopt the following ordinance:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES
BY AMENDING SECTION 4.,4,27, "OPEN SPACE AND
RECREATION (OSR) DISTRICT", SUBSECTION {C) "ACCESSORY
USES AND STRUCTURES ALLOWED", TO ADD EDUCATIONAL
FACILITIES AS AN ACCESSORY USE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
The City Commission will conduct two (2) Public Hearings for the
purpose of accepting public testimony regarding the proposed
ordinance. The first Public Hearing will be held on TUESDAY,
FEBRUARY 5. 2002, AT 7:00 P.M. in the Commission Chambers
at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If the
proposed ordinance is passed on first reading, a second Public
Hearing will be held on TUESDAY, FEBRUARY 19, 2002, AT 7:00
P.M. (or at any continuation of such meeting, set by the
Commission).
All interested citizens are invited to altend the public hearings and
comment upon the proposed ordinance or submit their commehts in
writing on or before the date of these hearings to the Planning and
Zoning Department. For further information or to obtain a copy of
the proposed ordinance, please contact the Planning and Zoning
Department, City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida 33444 (email at pzmail@delrayplanning.org ) or by calling
561/243-7040), between the hours of 8:00 a.m. and 5:00 p.m.,
Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL
ANY DECISION MADE BY THE CITY COMMISSION WITH
RESPECT TO ANY MAT[ER CONSIDERED AT THESE HEARINGS,
SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT
PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S.
286.0105.
CITY OF DELRAY BEACH
Barbara Garito
City Clerk
PUBLISH: Delray Beach/Boca Raton News
Monday, Janua_ry 28, 2002
Wednesday, February 13, 2002
Ad #NS010281
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT TO THE
·LAND DEVELOPMENT REGULATIONS OF
THE CITY OF DELRAY BEACH TO SECTION
4.4.27(C)(8) TO ADD EDUCATIONAL FACILITIES
IN THE OSR (OPEN SPACE AND RECREATION)
ZONING DISTRICT
The City Commission~of the City of Delray Beact~, FIc~rida, proposes
to adopt the following ordinance:
'-~ORDINJ~ICE NO. 5-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES
BY AMENDING SECTION 4.4,27, 'OPEN SPACE AND
RECREATION (OSR) DISTRICT", SUBSEC'FION lC) "ACCESSORY
USES AND STRUCTURES ALLOWED", TO ADD EDUCATIONAL
FACIUTIES AS AN ACCESSORY USE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLA ~USE, AND AN EFF~C'[IVE
DATE.
The City Commission will conduct two (2) Public Hearings for the
pu_rpose of accep, ting public testimony regarding the proposed
ordinance. The first Public Hearing was held on TUESDAY,
FEBRUARY 5, 2002, AT 7:00 P.M. in the Commission Chambers
at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. The
proposed ordinance was passed on first reading, and a second
Public Hearing will be held on TUESDAY, FEBRUARY 19, 2002,
AT 7:00 P.M. (or at any continuation of such meeting, set by the
Commission).
All interested citizens are invited to altend ~ public hearings and
comment upon the proposed ordinance or submit their comments in
writing on or before the date of these hearings to the Planning and
Z~t~ing Deportment. For further information or to obtain a copy of
the~ proposed ordinc~e, l~lease contact the Planning and Zoning~
Departmentc City HEll, 100 N.W. 1st Avenu~e, Delray"Beach,
Florida 3344,4 (email at pzmait@delrayplanning.org ) .or by calling
561/243-7040), between the houri of 8:00 a.m. and 5:00 p.m.,
Monday through Friday, excluding holidays. _ -.
PLEASE BE ADVISED TJ-JAT IF A PERSON DECtDES~ T~O APPEAL
'.~,'~Y DECISION MADE BY .THE CITY COMMISSION .W~ITH
RESPECT TO ANY MATTER CONSIDERED AT THESE HEARINGS,
SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT
PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S.
286 O~L05 -
-' CITY OF DEI~Y BEACH
Barbara Garito
~ City Clerk
PUBLISH: Delray Beach/Boca Raton News
Monday, January 28, 2002
'Wednesday, February 13, 2002 _
Ad #NS01028
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM /19/~ - REGULAR MEETING OF FEBRUARY 19. 2002
ORDINANCE NO. 5-02 (ALLOW EDUCATIONAL FACILITIES AS AN
ACCESSORY USE IN THE OPEN SPACE AND RECREATION (OSR)
ZONING DISTRICT)
FEBRUARY 15, 2002
This is second reading and second public hearing for Ordinance No. 5-02 which amends LDR
Section 4.4.27(C), to add "educational facilities" as an accessory use in the OSR (Open Space and
Recreation) zoning district
The amendment will allow "educational facilities" as an accessory use to the principal uses (B)(1)
Parks and (B)(2) Recreation Facilities, educational facilities would not be allowed as an accessory use
to the other two principal uses in the OSR zoning district 03)(3) Golf Courses and 03)(4) Cemeteries
and Mausoleums due to safety concerns at golf courses and the inappropriate environment of a
cemetery. All eligible properties with the exception of Lake Ida Park and Bucky Dent's Baseball
School are City owned. Establishment of schools on City-owned property will be City operated, or
must be approved through an agreement with City. This amendment will accommodate the existing
charter school at Pompey Park as well as any potential school at the Catherine Strong Center. On
March 17, 1997, the City Commission approved a similar request to allow child care programs as an
accessory use in the OSR zoning district to accommodate the after school programs.
The Planning and Zoning Board held a public hearing regarding this item. There was no public
testimony and after discussing this amendment the Board voted 7-0 to recommend to the City
Commission that Section 4.4.27(C) be amended to add "educational facilities" as an accessory use
based upon positive findings with LDR Section 2.4.5(M)(5).
At first reading and first public hearing on February 5th, the City Commission passed the Ordinance
No. 5-02 unanimously.
Recommend approval of Ordinance No. 5-02 on second and final reading.
RefiAgmemo21.Ord5-02.LDR Allow Educational Facihnes in OSR.02.19.02
CITY COMMISSION DOCUMENTATION
TO:
THRU:
FROM:
SUBJECT:
DAVJD'T. HARDF_.~, cr[Y MANAGER
,
JEFFREY A. COSTELLO, PR~~O~
MEETING OF FEBRUARY 5, 2002
CONSlDE~TION OF AN AMENDMENT TO LDR SECTION 4.4.27(C) TO ALLOW
EDUCATIONAL FACILITIES AS AN ACCESSORY USE IN THE OSR (OPEN SPACE AND
RECREATION) ZONING DISTRICT
This text amendment was originally requested by the Cultural Arts Institute (Charter School) which has been
operating since August of last year on a temporary basis at the Bucky Dent's Baseball School (490 Dotterel
Road). The School was contemplating installing classroom and administration modulars on the site for a 5
year period. As educational facilities are not specifically listed in the OSR (Open Space and Recreation)
zoning district, the Cultural Arts Institute requested an amendment to the Land Development Regulations to
allow "educational facilities" as an accessory use. On January 28th, the applicant indicated the school will
be relocating from the Bucky Dent's Baseball School site to a facility in Boca Raton which will better suit the
school's needs. However, due to the merits of the proposed amendment, and as first reading of the text
amendment has been advertised, it is appropriate to move forward with the text amendment, which is now
before the Commission for action.
The amendment will allow "educational facilities"as an accessory use to the principal uses (B)(1) Parks and
(B)(2) Recreation Facilities. Educational facilities would not be allowed as an accessory use to the other
two principal uses in the OSR zoning district (B)(3) Golf Courses and (B)(4) Cemeteries and Mausoleums,
due to safety concerns at golf courses and the inappropriate environment of a cemetery. All eligible
properties with the exception of Lake Ida Park and Bucky Dent's Baseball School are City owned.
Establishment of schools on City-owned property will be City operated, or must be approved through an
agreement with the City. This amendment will accommodate the existing charter school at Pompey Park as
well as any potential school at the Catherine Strong Center. On March 14, 1997, the City Commission
approved a similar request to allow child care programs as an accessory use in the OSR zoning district to
accommodate the after school programs. Additional background and an analysis are found in the attached
Planning and Zoning Board staff report.
The Planning and Zoning Board held a public hearing regarding this item at its meeting of January 28, 2002.
There was no public testimony regarding the request. After discussing the amendment, the Board voted 7-0
to recommend to the City Commission that LDR Section 4.4.27(C) (Accessory Uses and Structures
Allowed) be amended to add "educational facilities"as an accessory use, based upon a positive finding with
LDR Section 2.4.5(M)(5).
By motion, approve on first reading the text amendment to LDR Section 4.4.27(C) to allow "educational
facilities" as an accessory use in the OSR zoning district), based upon the findings and recommendations of
the Planning and Zoning Board, setting a public hearing date of February 19, 2002.
Attachments: Planning & Zoning Board Staff Report of January 28, 2002 & Ordinance by Others
ORDINANCE NO. 05-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES BY AMENDING SECTION 4.4.27,
"OPEN SPACE AND RECREATION (OSR) DISTRICT",
SUBSECTION (C) "ACCESSORY USES AND STRUCTURES
AIJ,OWED", TO ADD EDUCATIONAL FACILITIES AS AN
ACCESSORY USE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to LDR Secuon 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on January 28, 2002 and voted to recommend
that the changes be approved; 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 goals, objecttves 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 Article 4.4, "Base Zoning Districts", Section 4.4.27, "Open Space and
Recreation (OSR) District", Subsection (C), "Accessory Uses and Structures Allowed", of the Land
Development Regulauons of the Code of Ordinances of the City of De[ray Beach, Florida, be and
the same is hereby amended to read as follows:
(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.
0) Administrative and maintenance buildings.
(4) Boat ramps.
(5)
of De[ray Beach.
Concessions and services provided under a hcense agreement w~th the City
(6) Storage of inventory, eqmpment, and materials, within a structure or in an
approved outside location.
prog~anls.
(7) Residential facilities for temporary occupancy by parucipants of recreational
(8) Child care programs as an accessory use to (13)(1) and (2) above.
Educational Facilities.
Section 2. That should any secuon or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jur~sdicuon to be invalid, such
decxsxon shall not affect the vahchty of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That this ordinance shall become effecuve mediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on fins the
day of ., 200__
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
2 ORD. NO. 05-02
MEETING DATE:
AGENDA ITEM:
JANUARY 28, 2002
IV.F. - AMENDMENT TO LDR SECTION 4.4.27(C) TO ADD
EDUCATIONAL FACILITIES AS AN ACCESSORY USE IN
THE OSR (OPEN SPACE AND RECREATION) ZONING
DISTRICT.
The item before the Board is that of making a recommendation to the City Commission
regarding an LDR amendment to Section 4.4.27(C), Open Space and Recreation (OSR)
zoning district, Accessory Uses and Structures Allowed, to add "educational fac#ities" as an
accessory use, pursuant to LDR Section 2.4.5(M).
Pursuant to Section 1.1.6, an amendment to the Land Development Regulations may not
be made until a recommendation is obtained from the Planning and Zoning Board.
BACKGROUND
The Cultural Arts Institute (Charter School) has been operating on a temporary basis at the
Bucky Dent's Baseball School (490 Dotterel Road) since August of last year. The school
serves approximately 50 students from the Delray Beach and Boca Raton areas. The
anticipated capacity of the school will be approximately 150 students. The school is
proposing to continue operating at the Baseball School for a minimum 5 year period, and
has submitted plans to allow the installation of three modular classrooms at the east end of
the property. As the proposed use is not specifically listed in the OSR zoning district, a
request to amend the Land Development Regulations has been submitted to allow
"educational facilities" as an accessory use.
A charter school has operated at a city-owned facility (Pompey Park) through a license
agreement with the City. LDR Section 4.4.27(C)(5) states that within the OSR zoning
district "concessions and services provided under a license agreement with the City of
Delray Beach" are allowed as an accessory use. This program has operated at this site for
several years and was established under the auspices of an accessory use to recreation
facilities. The current proposal is to establish a charter school on OSR zoned property,
which is not City owned. Thus, a license agreement is inappropriate and thus the request
to amend the LDRs to allow the use.
On March 14, 1997, the City Commission approved a similar request to allow child care
programs as an accessory use in the OSR zoning district. The City Commission initiated
the amendment to accommodate child care programs operated by both the City and
County on properties zoned OSR (i.e. after-school program at Pompey Park and Head
Start at the Catherine Strong Center).
IV.F.
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Educational Facilities in the OSR Zoning District
Page 2
..... ~'~:'~'LDR!:TEX~T~AMENDMENT ANAI:YSIS~ ~..
/I
LDR Section 2.4.5(M)(5) (Findin_clS): Pursuant to LDR Section 2.4.5(M)(5) (Findings),
in addition to LDR Section 1.1.6(A), the City Commission must make a finding that
the text amendment is consistent with and furthers the Goals, Objectives and
Policies of the Comprehensive Plan.
There are seventeen parcels in the City which are currently zoned OSR (Open Space and
Recreation). These include twelve sites which are owned by the City, one owned by Palm
Beach County, three privately owned golf courses, and one privately owned baseball
school. The City and County owned parcels include:
· Boy Scout Hut (Lake Ida Road)
· Catherine Strong Center
· Currie Commons Park
· Delray Beach Cemetery
· Delray Beach Municipal Golf Course
· Lakeview Golf Course
· Lake Ida Park (County)
· LeonWeekes Park
· Merritt Park
· Miller Park
· Orchard View Park
· Pompey Park
· Veterans Park
Four additional sites which are privately owned and zoned OSR are:
· Bucky Dent's Baseball School
· DeI-Aire Golf Course
· The Hamlet Golf Course
· Sherwood Golf Course
The amendment will allow "educational facilities" as an accessory use to the principal uses
(B)(1) Parks and (B)(2) Recreation Facilities. Educational facilities would not be allowed as
an accessory to the other two principal uses (B)(3) Golf Courses and (B)(4) Cemeteries
and Mausoleums. Golf Courses are excluded due to concerns relating to safety. As
schools usually require outside play areas, there are concerns with respect to wayward golf
balls. Cemeteries and mausoleums are excluded as these are inappropriate environments
to conduct educational programs.
All eligible properties with the exception of Lake Ida Park and Bucky Dent's Baseball
School are City owned. Establishment of schools on City-owned property will be City
operated, or must be approved through an agreement with the City. Establishment of an
educational facility as a principal use, rather than an accessory use, should be directed to
property zoned CF (Community Facilities), which is consistent with the zoning of majodty of
public and private educational facilities.
COMPREHENSIVE PLAN POLICIES:
The goals, objectives and policies of the Comprehensive Plan were reviewed and the
following policies are noted.
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Educational Facilities in the OSR Zoning District
Page 3
Future Land Use Element Policy D-3.6 - The location and construction of new public
education facilities and the expansion of existing facilities shall be permitted based
upon a finding that the proposal is consistent with applicable goals, objectives, and
policies of the Comprehensive Plan, and is compatible with adjacent land uses.
Future Land Use Element Policy D-3.8 - The City shall seek to co-locate public
facilities, such as parks, libraries, and community centers, with public educational
facilities of the School District of Palm Beach County to the greatest extent.
The proposed amendment is consistent with the overall direction of the above policies. As
previously indicated, the majority of the properties zoned OSR (Open Space and
Recreation) are City-owned, and will enable co-location furthering the above policies. In
addition, the applicant's proposed charter school is considered a public school, and is
therefore also consistent with the above policies.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon
a finding that the amendment is consistent with and furthers the Goals, Objectives, and
Policies of the Comprehensive Plan. The amendment furthers the Goals, Objectives, and
Policies of the Comprehensive Plan.
By motion, recommend to the City Commission that LDR Section 4.4.27(C) (Accessory
Uses and Structures Allowed) be amended to add "educational facilities" as an accessory
use, based upon a positive finding with LDR Section 2.4.5(M)(5).
Attachments: Map of OSR Zoned Properties
Proposed Amendment
CITY OF DELRAY BEACH FLORIDA
- OPEN SPACE & RECREATION ZONING DISTRICTS -
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LAKE IDA ROAD
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GRAPHIC ,.RCALE
CiTY OF DE[RAY BEACH, FL
PLANNING & ZONING DEPARTMENT
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--DIGITAL BASE MAP SYSTEM
OSR NOT OWNED BY CrTY
ICITY OWNED OSR
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