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Ord 19-02ORDINANCE NO. 19-02 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 4.4.1 "AGRICULTURE ZONE DISTRICT (A)", 4.4.2 "RURAL RESIDENTIAL (RR) ZONE DISTRICT", SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-I) DISTRICTS", SECTION 4.4.4 "MOBILE HOME (NIH) DISTRICT", SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RE) DISTRICT", SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", AND SECTION 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT", TO AI.I.OW PUBLIC EDUCATIONAL FACILITIES OF THE SCHOOL DISTRICT OF PALM BEACH COUNTY, IN ALL RESIDENTIAL ZONING DISTRICTS AS A PRINCIPAL 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 May 20, 2002 and voted 5 to 1 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. WHEREAS, the City commission during the original first reading of the ordinance, acting in its legislative capacity, thereafter directed that further changes be made to the ordinance and ordered the re-advertisement of the ordinance for a new first reading. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 4.4.1, "Agriculture Zone District (A)", Subsection 03), "Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: Section 4.4.1 Agriculture Zone District (A): (B) Principal Uses and Structures Permitted: The following types of use are allowed within the (A) District as a permitted use: (1) The conduct of agricultural operations such as: crop lands, poultry, dairies, grazing lands, flower growing and fruit, citrus, and orchard groves; and structures normally associated there with such as: barns, chicken coops, drying sheds, farmhouses, greenhouses. (2) Horse Ranches, Horse Boarding Stables, Riding Stables and Academies; and structures normally associated there with such as: stables and training facilities. (3) Single family detached dwellings. (4) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). (5) Public educational facilities of the School District of Palm Beach County. Section 2. That Section 4.4.2, "Rural Residential OCR) Zone District", Subsection 03), "Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: Section 4.4.2 Rural Residential (RR) Zone District: 03) Principal Uses and Structures Permitted: The following types of use are allowed within the (A) District as a permitted use: (1) Single family detached dwellings. (2) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1). (3) Public educational facilities of the School District of Palm Beach County. Section 3. That Section 4.4.3, "Single Family Residential (R-1) Districts", Subsection 03), "Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: Section 4.4.3 Single Family Residential (R-l) Districts: 03) Principal Uses and Structures Permitted: The following types of use are allowed within the Single Family Districts as a permitted use: (1) Conventionally sited single family detached residences. 2 ORD. NO. 19-02 Group Home, Type 1, pursuant to the restrictions set forth in Section 4.3.3(I). Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. Pocket parks. Public educational facilities of the School District of Palm Beach County. Section 4. That Section 4.4.4, "Mobile Home (MH) District", Subsection (13), "Principal Uses and Structures Permitted", of the Land Devdopment Regulations of the Code of Ordinances of the City of De[ray Beach, Florida, be amended to read as follows: Section 4.4.4 Mobile Home (MH) District: 03) Principal Uses and Structures Permitted: The following types of use are allowed within the (NIH) District as a permitted use: (1) Mobile Home Parks which provide the sale or rental of sites for occupancy by mobile homes, wherein the park is operated as a unit. (2) The sale, by its owner or licensed dealer, of used mobile homes on sites presently or previously occupied by the owners of such mobile homes. (3) Storage or parking of mobile homes on sites preparatory to occupancy or between periods of occupancy. Public educational facilities of the School District of Palm Beach County. Section 5. That Section 4.4.5, "Low Density Residential (RL) District", Subsection 03), "Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: Section 4.4.5 Low Density Residential (RL) District: 03) Principal Uses and Structures Permitted: The following types of use are allowed within the (ILL) District as a permitted use: (1)Single family detached dwellings. 3 ORD. NO. 19-02 (2) Duplex structures. (3) Multiple family structures. (4)Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3C0. (5)Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. Pocket parks. Public educational facilities of the School District of Palm Beach County. Section 6. That Section 4.4.6, "Medium Density Residential (RM) District", Subsection (I5), "Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: Section 4.4.6 Medium Density Residential (RM) District: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the (RM) District as a permitted use: (1) (2) 0) (4) (5) (6) Single family detached dwellings. Duplex structures. Multiple family structures. An abused spouse residence with twelve (12) or fewer residents. Group Homes, Types 1 and 2, and Community Residential Homes, pursuant to the restrictions set forth in Section 4.3.3(I). Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. Pocket parks. Public educational facilities of the School District of Palm Beach County. 4 ORD. NO. 19-02 Section 7. That Section 4.4.7, "Planned Residential Development (PR/2)) District", Subsection 03), "Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: Section 4.4.7 Planned Residential Development (PRD) District: 03) Principal Uses and Structures Permitted: The following types of use are allowed within the (PRD) District as a permitted use: (1) Single family detached dwelling whether conventional or zero lot line design. (2) Duplex structures. 0) Multiple Family structures. L4.] Public educational facilities of the School District of Palm Beach County. Section 8. 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 9. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 10. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ~ day of ., 2002. ATTEST M A Y O R City Clerk First Reading Second Reading 5 ORD. NO. 19-02 CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH TO ALLOW PUBLIC EDUCATIONAL FACILITIES OF PALM BEACH COUNTY SCHOOL BOARD, EXCLUDING CHARTER SCHOOLS IN ALL RESIDENTIAL ZONING DISTRICTS AS A PRINCIPAL (PERMITTED) USE The City Commission of the City of Delray Beach, Florida, proposes to adopt the following ordinance: ORDINANCE NO. 19-02 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 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-I) DISTRICTS", SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", AND SECTION 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT", TO ALLOW PUBLIC EDUCATIONAL FACILITIES OF PALM BEACH COUNTY SCHOOL BOARD, EXCLUDING CHARTER SCHOOLS IN ALL RESIDENTIAL ZONING DISTRICTS AS A PRINCIPAL 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 Heating will be held on TUESDAY~ JUNE 4~ 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~ JUNE 18~ 2002~ AT 7:00 P.M. (or at any continuation of such meeting, which is set by the Commission). All interested citizens are invited to attend the public hearings and comment upon the proposed ordinance or submit their comments in writing on or befgre 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, 10q N.W. 1st Aventie, 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 pzm., 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 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. 286.0105. PUBLISH: Boca Pmto~ I Delray Beach News Frk~y, U~y 24. 2002 Wednesday, June 12, 2002 Ad~ NS0~0251.. CITY OF DELRAY BEACH Barbara Garito City C~erk TO: THRU: FROM: SUBJECT: PAUL DORLING, DIRECT[DR I~F PLANNING AND ~O~IN~/,~ ..~..,~/ JEFFREY A. COSTELLO, PRINCIPAL MEETING OF JUNE 4, 2002 CONSIDERATION OF AN AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO ALLOW PUBLIC EDUCATIONAL FACILITIES AS A PERMI'I-FED USE IN ALL RESIDENTIAL ZONING DISTRICTS. In 1998, the Florida Legislature amended Section 163.3177(6)(a), Florida Statutes, to require local governments to include school siting location criteria in their comprehensive plans. Included with the City's Comprehensive Plan Amendment 99-1 was a policy which clearly identified all land use categories, except Conservation, as areas where public education facilities are consistent and included criteria which encourages the location of schools proximate to urban residential areas. In 2001, Palm Beach County, the School District of Palm Beach County, and 26 participating local governments within the school district chose to implement public school concurrency, requiring each local government to adopt consistent comprehensive plan amendments. At its meeting of December 11, 2001, the City Commission adopted Comprehensive Plan Amendment 01-3, which involved creation of a new Public Schools Facilities Element. One of the policies within the Element related to permitting public schools in all residential land use categories. 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 May 20, 2002. There were several members of the public who spoke in opposition to the request. An attorney representing the Coral Trace Homeowners Association as well as other residents from the same association and a member of CARA (Citizen's Against Relocating Atlantic High School) were very site specific regarding their comments, which primarily opposed the relocation of Atlantic High School to the property south of the Coral Trace subdivision, known as the Tate property. The attorney representing Coral Trace stated that public schools are currently allowed in the CF (Community Facilities) zoning district and that the code should not be changed to allow schools in the residential zoning districts. Another person was concerned with privately operated public facilities, such as charter schools, being permitted within the residential zoning districts. After discussing the amendment, the Board voted 5-1 (Warner dissenting, Randolph absent) to recommend to the City Commission approval of the amendment to the Land Development Regulations to allow "Public Educational Facilities of Palm Beach County School Board, excluding Charter Schools "as a permitted use in all residential zoning districts, based upon a positive finding with LDR Section 2.4.5(M)(5). By motion, approve on first reading the text amendment to the Land Development Regulations LDR Section 4.4.27(C) to allow "Public Educational Facilities of Palm Beach County School Board, excluding Charter Schools" as a permitted use in all residential zoning districts, based upon a positive finding with LDR Section 2.4.5(M)(5), that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the City's Comprehensive Plan, and setting a public hearing date of June 18, 2002. Attachments: Planning & Zoning Board Staff Report of May 20, 2002 & Ordinance by Others ORDINANCE NO. 19-02 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 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-l) DISTRICTS", SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", AND SECTION 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT", TO ALLOW PUBLIC EDUCATIONAL FACILITIES OF PALM BEACH COUNTY SCHOOL BOARD, EXCLUDING CHARTER SCHOOLS IN ALL RESIDENTIAL ZONING DISTRICTS AS A PRINCIPAL USE; PROVIDING A SAVING c~AUSE, 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 May 20, 2002 and voted 5 to 1 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 Section 4.4.3, "Single Family Residential (R-l) Districts", Subsection CB), "Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: Section 4.4.3 Single Family Residential (R-l) Districts: CB) Principal Uses and Structures Permitted: The following types of use are allowed within the Single Family Districts as a permitted use: (1) Gonvendonally sited single family detached residences. Group Home, Type 1, pursuant to the restrictions set forth in Section 4.3.3(I). Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. Pocket parks. Public educational facilities of Palm Beach County School Board, excluding charter schools. Section 2. That Section 4.4.5, "Low Density Residential (RL) District", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of OMinances of the City of DelrayBeach, Florida, be amended to read as follows: Section 4.4.5 Low Density Residential (RL) District: 03) Principal Uses and Structures Permitted: the (RL) District as a permitted use: Section 3. The following types of use are allowed within (1) Single family detached dwellings. (2) Duplex structures. (3) Multiple family structures. (4) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). (5) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. (6) Pocket parks. Public educational facilities of Palm Beach County School Board, excluding charter schools. That Section 4.4.6, "Medium Demity Residential (1LM) District", Subsection 03), "Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of DelrayBeach, Florida, be amended to read as follows: Section 4.4.6 Medium Density Residential (RM) District: 03) Principal Uses and Structures Permitted: The following types of use are allowed within the (RM) District as a permitted use: 2 ORD. NO. 19-02 (1) (2) (4) Section 4. Single family detached dwellings. Duplex structures. Multiple family structures. An abused spouse residence with twelve (12) or fewer residents. Group Homes, Types 1 and 2, and Community Residential Homes, pursuant to the restrictions set forth in Section 4.3.3(I). Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. Pocket parks. Public educational facilities of Palm Beach County School Board, excluding charter schools. That Section 4.4.7, "Planned Residential Development (PRD) District", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: Section 4.4.7 Planned Residential Development (PRD) District: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the (PRD) District as a permitted use: (1) Single family detached dwelling whether conventional or zero lot line design. (2) Duplex structures. (3) Multiple Family structures. Public educational facilities of Palm Beach County School Board, excluding charter schools. Section 5. 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. 3 ORD. NO. 19-02 Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2002. ATIEST MAYOR City Clerk First Reading Second Reading. 4 ORD. NO. 19-02 TO: THRU: FROM: SUBJECT: DAVlI~,,T~ARDEN, CITY MANAGER MEETING OF JUNE 18, 2002 CONSIDERATION OF AN AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO ALLOW PUBLIC EDUCATIONAL FACILITIES AS A PERMITTED USE IN ALL RESIDENTIAL ZONING DISTRICTS. At its meeting of June 4, 2002, the City Commission considered an amendment to the Land Development Regulations to allow "Public Educational Facilities of Palm Beach County School Board, excluding Charter Schools "as a permitted use in all residential zoning districts. The Commission discussed the amendment and felt that the reference to charter schools should be removed. There were also comments from the public stating that the proposed ordinance was incorrect as it did not list public educational facilities in all residential zoning districts, as intended, as public educational facilities were excluded from the Rural Residential (RR) zoning district. The Commission directed staff to make the appropriate changes and re-advertise the ordinance for first reading. The ordinance has been amended to read: "Public educational facilities of the School District of Palm Beach County"; and includes public educational facilities as a permitted use in not only the Rural Residential (RR), but also the Mobile Home (MH) and Agriculture (A) zoning districts. The Mobile Home and Agricultural categories have been added as the Comprehensive Plan refers to these as residential zoning districts. Subsequent to the City Commission meeting and during review of the proposed ordinance, staff felt that supplemental regulations for public educational facilities should be added to the LDRs and that the definition of residential zoning district in the LDRs should be modified to be consistent with the Comprehensive Plan. Further, in light of the amendment, the current regulations within the Community Facilities (CF) zoning district should be modified to allow public educational facilities as a permitted use. These amendments are scheduled for the June 17th Planning and Zoning Board meeting. Given the more comprehensive approach to be considered by the Planning and Zoning Board, it is recommended this ordinance be denied. These changes that are being considered by the Planning and Zoning Board will be scheduled for the City Commission review at their meeting of July 2, 2002. By motion, deny on first reading Ordinance No. 19-02, as additional more comprehensive amendments to the Land Development Regulations are proposed. ORDINANCE NO. 19-02 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 4.4.1 "AGRICULTURE ZONE DISTRICT (A)", 4.4.2 "RURAL RESIDENTIAL (RR) ZONE DISTRICT", SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-l) DISTRICTS", SECTION 4.4.4 "MOBILE HOME (NIH) DISTRICT", SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (ILL) DISTRICT", SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", AND SECTION 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT", TO AIJ.OW PUBLIC EDUCATIONAL FACILITIES OF THE SCHOOL DISTRICT OF PALM BEACH COUNTY, IN Al.I. RESIDENTIAL ZONING DISTRICTS AS A PRINCIPAL USE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTWE 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 May 20, 2002 and voted 5 to 1 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. WHEREAS, the City commission during the original first reading of the ordinance, acting in its legislative capacity, thereafter directed that further changes be made to the ordinance and ordered the re-advertisement of the ordinance for a new first reading. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 4.4.1, "Agriculture Zone District (A)", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: Section 4.4.1 Agriculture Zone Disu'ict (A): (13) Principal Uses and Structures Permitted: The following types of use are allowed within the (A) District as a permitted use: (1) The conduct of agricultural operations such as: crop lands, poultry, dairies, grazing lands, flower growing and fruit, citrus, and orchard groves; and structures normally associated there with such as: barns, chicken coops, drying sheds, farmhouses, greenhouses. (2) Horse Ranches, Horse Boarding Stables, Riding Stables and Academies; and structures normally associated there with such as: stables and training facilities. (3) Single family detached dwellings. (4) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). (5) Public educational facilities of the School District of Palm Beach County. Section 2. That Section 4.4.2, "Rural Residential 0LR) Zone District", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: Section 4.4.2 Rural Residential (RR) Zone District: 03) Principal Uses and Structures Permitted: The following types of use are allowed within the (A) District as a permitted use: (1) Single family detached dwellings. (2) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). (3) Public educational facilities of the School District of Palm Beach County. Section 3. That Section 4.4.3, "Single Family Residential (R-1) Districts", Subsection 03), "Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: Section 4.4.3 Single Family Residential (R-l) Districts: 03) Principal Uses and Structures Permitted: The following types of use are allowed within the Single Family Districts as a permitted use: (1) Conventionally sited single family detached residences. 2 ORD. NO. 19-02 (3) Group Home, Type 1, pursuant to the restrictions set forth in Section 4.3.3(I). Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. Pocket parks. Public educational facilities of the School District of Palm Beach County. Section 4. That Section 4.4.4, "Mobile Home (NIH) District", Subsection 03), "Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: Section 4.4.4 Mobile Home (MH) District: 03) Principal Uses and Structures Permitted: The following types of use are allowed within the (NIH) District as a permitted use: (1) Mobile Home Parks which provide the sale or rental of sites for occupancy by mobile homes, wherein the park is operated as a unit. (2) The sale, by its owner or licensed dealer, of used mobile homes on sites presently or previously occupied by the owners of such mobile homes. (3) Storage or parking of mobile homes on sites preparato~ to occupancy or between periods of occupancy. Public educational facilities of the School District of Palm Beach County. Section 5. That Section 4.4.5, "Low Density Residential (ILL) District", Subsection 03), "Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: Section 4.4.5 Low Density Residential (RL) District: 03) Principal Uses and Structures Permitted: The following types of use are allowed within the (RL) District as a permitted use: (1) Single family detached dwellings. 3 ORD. NO. 19-02 (2) Duplex structures. (3) Multiple family structures. (4) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.30). (5)Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. (6) Pocket parks. Public educational facilities of the School District of Palm Beach County. Section 6. That Section 4.4.6, "Medium Density Residential (RM) District", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: Section 4.4.6 Medium Density Residential (RM) District: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the (RM) District as a permitted use: (1) (2) (3) (4) (5) (6) Single family detached dwellings. Duplex structures. Multiple family structures. An abused spouse residence with twelve (12) or fewer residents. Group Homes, Types 1 and 2, and Community Residential Homes, pursuant to the restrictions set forth in Section 4.3.30). Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. Pocket parks. Public educational facilities of the School District of Palm Beach County. 4 ORD. NO. 19-02 Section 7. That Section 4.4.7, "Planned Residential Development (PRD) District", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: Section 4.4.7 Planned Residential Development (PRD) District: (I5) Principal Uses and Structures Permitted: The following types of use are allowed within the (PRD) District as a permitted use: (1) Single family detached dwelling whether conventional or zero lot line design. (2) Duplex structures. (3) Multiple Family structures. Public educational facilities of the School District of Palm Beach County. Section 8. 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 9. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 10. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ., 2002. ATTEST MAYOR City Clerk First Reading Second Reading 5 ORD. NO. 19-02 MEETING DATE: MAY 20, 2002 AGENDA ITEM: IV.F. - AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO ADD PUBLIC EDUCATIONAL FACILITIES AS A PRINCIPAL (PERMITTED) USE IN RESIDENTIAL ZONING DISTRICTS. The item before the Board is that of making a recommendation to the City Commission regarding an amendment to the Land Development Regulations to add aPublic Educational Facilities" as a permitted use in residential zoning districts, pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6 (A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. LDR Section 2.4.5(M)(5) (Findings): 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. In 1998 the Florida Legislature amended Section 163.3177(6)(a), Florida Statutes, to require local governments to include school siting location criteria in their comprehensive plans. The criteria are to encourage the location of schools near urban areas and to collocate them with parks, libraries and community centers to the greatest extent possible. Local governments were required to revise their Future Land Use Elements by October 1, 1999 to incorporate these criteria and designate the land use categories where public schools are an allowable use. The City processed the required changes as part of Comprehensive Plan Amendment 99-1. The amendment clearly identified all land use categories except conservation as areas were public education facilities are consistent and included criteria which encourages the location of schools proximate to urban residential areas. In 2001, Palm Beach County, the School District of Palm Beach County, and 26 participating local governments within the school district chose to implement public school concurrency, requiring each local government to adopt consistent comprehensive plan amendments. The proposed Plan amendments for school concurrency were submitted along with executed Interlocal Agreements which satisfy IV.F. Planning and Zoning Board Memorandum Staff Report LDR Text Amendment - Public Educational Facilities in Residential Zoning Districts Page 2 the requirements of Florida Statutes, and established processes for intergovernmental coordination and collaborative planning among the participants. At its meeting of August 21, 2001, the City Commission initiated Comprehensive Plan Amendment 01-3 relating to School Concurrency. The amendment involved creation of a new Public Schools Facilities Element, which included a definition section and related map series, and revisions to the existing Capital Improvement Element to include the School Districts adopted Six-Year Capital Facilities Plan. At its meeting of December 11, 2001, the City Commission adopted the Comprehensive Plan Amendment. One of the policies within the Public School Element related to permitting public schools in all residential land use categories. In addition, the Element included the following objective and policies as they relate to this text amendment: PUBLIC SCHOOL FACILITIES ELEMENT OBJECTIVE B-1 - School Facility Siting: To establish a process of coordination and collaboration between the County, local governments, and the School District in the planning and siting of public school facilities in coordination with planned infrastructure and public facilities. Public School Facilities Element Policy B-I.1 The City of Delray Beach shall coordinate and provide for expedited review of development proposals with the School District during the development review process to ensure integration of public school facilities with surrounding land uses and the compatibility of uses with schools. Public School Facilities Element Policy B-1.4 The City of Delray Beach shall encourage the location of schools proximate to urban residential areas by: · Assisting the School District in identifying funding and/or construction opportunities (including developer participation or City of Delray Beach capital budget expenditures) for sidewalks, traffic signalization, access, water, sewer, drainage and other infrastructure improvements; · Providing for the review for all school sites as indicated in Policy B-1.1 above; and, · Allowing schools as a permitted use within all urban residential land use categories. In addition to the above policy, the following goals, objectives and policies apply: FUTURE LAND USE ELEMENT GOAL AREA "D':' THE PUBLIC SCHOOL SYSTEM WHICH SERVES DELRAY BEACH SHALL BE AN ASSET TO THE COMMUNITY THROUGH CONTRIBUTING TO THE STABILIZATION OF NEIGHBORHOODS AND ACCOMMODATING THE NEEDS AND DESIRES OF EXISTING AND FUTURE RESIDENTS OF THIS CITY. Planning and Zoning Board Memorandum Staff Report LDR Text Amendment- Public Educational Facilities in Residential Zoning Districts Page 3 Future Land Use Element Objective D.2 - The role of schools in their neighborhoods shall be enhanced so that the school facilities aid in achieving the goals and objectives of this Comprehensive Plan, particularly those identified in the Housing element, which are directed toward stabilization and revitalization of neighborhoods. Future Land Use Element Policy D-2.2- The City Commission shall work in concert with the School District to reduce and minimize the busing of Delray Beach out of Delray Beach, in order to enable as many children as possible to attend schools that are in or near their own neighborhoods. Future Land Use Element Policy D-2.3- The City shall strive to achieve better cohesiveness of neighborhoods by lessening the number of school attendance districts to which students are assigned, and/or the number of students bused out of the City. This shall be accomplished through drawing such boundaries be adding or subtracting areas adjacent to existing districts, rather than by drawing from enclaves located elsewhere. Future Land Use Element Objective D-3- The City shall cooperate with the School Board to achieve placement of new schools inside of the County's urban services area, to upgrade and enhance existing facilities with the City, and to schedule individual facility needs in an orderly and timely manner that is responsive to meeting the other objectives of this goal area. Future Land Use Element Policy D-3.5 - Public educational facilities of the School District of Palm Beach County shall be consistent with all land use categories except Conservation. Future Land Use Element Policy D-3.6 - The location and construction of new public educational 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 and development patterns. In addition to Goal Area D above, there are a number of objectives and policies which support public educational facilities in residential zoning districts. State Statutes 235.193 requires coordination between School Boards and local governing bodies to ensure that plans for the construction and opening of public educational facilities are facilitated and coordinated in time and place with plans for residential development, concurrently with other services. Further, local governing bodies may not deny a proposal, but may impose reasonable development standards and conditions. Given the above, it is more appropriate to allow public educational facilities as a permitted use. Construction of public schools are subject to the Florida Department of Education's "State Requirements for Educational Facilities", which are development standards for public schools. Planning and Zoning Board Memorandum Staff Report LDR Text Amendment - Public Educational Facilities in Residential Zoning Districts Page 4 Currently, in the City's LDRs public educational facilities are only allowed in the CF (Community Facilities) zoning district as a conditional use. Educational facilities with a focus towards special needs students are also allowed as a conditional use subject to special criteria, similar to child care facilities. In conjunction with this text amendment it may be appropriate to modify the CF zoning distdct regulations to allow educational facilities as a permitted use. 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. This amendment cleady furthers the Goals, Objectives, and Policies of the Comprehensive Plan. By motion, recommend to the City Commission approval of an amendment to the Land Development Regulations to add "Public Educational Facilities" as a permitted use in residential zoning districts, based upon a positive finding with LDR Section 2.4.5(M)(5), that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the City's Comprehensive Plan. Attachments: LDR Proposed Amendment Ref:LDRPubllcSchoolsinResidenflalZoning3