Ord 24-02ORDINANCE NO. 24-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVFJ.OPMENT 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 0/iH) DISTRICT",
SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL)
DISTRICT", SECTION 4.4.6, "MEDIUM DENSITY
RESIDENTIAL (RM) DISTRICT", SECTION 4.4.7,
"PLANNED RESIDENTIAL DEVELOPMENT (PRD)
DISTRICT", AND SECTION 4.4.21, "COMMUNITY
FACILITIES (CF) DISTRICT", TO ALLOW PUBLIC
EDUCATIONAL FACILITIES OF THE SCHOOL DISTRICT
OF PALM BEACH COUNTY AS A PRINCIPAL USE
PURSUANT TO REGULATIONS SET FORTH IN SECTION
4.3.3(HH); AMENDING SECTION 4.4.3, "SINGLE FAMILY
RESIDENTIAL (R-l) DISTRICTS", SECTION 4.4.5, "LOW
DENSITY RESIDENTIAL (R.L) DISTRICT", SECTION 4.4.6,
"MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT",
SECTION 4.4.7, "PLANNED RESIDENTIAL
DEVFJ.OPMENT (PRD) DISTRICT", AND SECTION 4.4.21,
"COMMUNITY FACILITIES (CF) DISTRICT", TO ALI.OW
PRWATE EDUCATIONAL FACILITIES AS A
CONDITIONAL USE SUBJECT TO THE RESTRICTIONS
SET FORTH IN SECTION 4.3.3(I-IHH); AMENDING
SECTION 4.3.3 (I-IH), "EDUCATIONAL FACILIITIES", BY
RENAMING THE SUBSECTION TO "PUBLIC
EDUCATIONAL FACILITIES OF THE SCHOOL DISTRICT
OF PALM BEACH COUNTY" AND ADDING
SUPPLEMENTAL REGULATIONS FOR PUBLIC
EDUCATIONAL FACILITIES; AMENDING APPENDIX
"A", "DEFINITIONS" TO MODIFY THE DEFINITION OF
"RESIDENTIAL DISTRICTS"; 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 heating held on June 17, 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 Section 4.4.1, "Agriculture Zone District (A)", Subsection 03), "Prindpal
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):
03) 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, d~jries,
grazing lands, flower growing and fruit, citrus, and orchard groves; and structures nonmlly
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).
~ Public educational facilities of The School District of Palm Beach County.
pursuant to the r%mlafions set forth in Section 4.3.3(HH).
Section 2. That Section 4.4.2, "Rural Residential (RR) 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 (PR) 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 ORD. NO. 24-02
(2) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.309.
Public educational facilities of The School District of Palm Beach County..
pursuant to the regulations set forth in Section 4.3.3(HH).
Section 3. That Section 4.4.3, "Single Family Residential (R-l) 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-I) 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) Group Home, Type 1, pursuant to the restrictions set forth in Section
4.3.3(1).
(3) Parking lots not associated with a use, pursuant to an adopted neighborhood
or redevelopment plan.
(4) Pocket parks.
Public educational facilities of The School District of Palm Beach County.
p~,.~nt to the regtdations set forth in Section 4.3.3ffIH).
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) Prindpal Uses and Structures Permitted: The following types of use are allowed
within the 0VIH) 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 ORD. NO. 24-02
(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..
pursuant to the r%uxxlations set forth in Section 4.3.3(HH).
Section 5. That Section 4.4.5, "Low Density Residential 0LL) District", Subsection (B),
"Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of
Ordinances of the City of Deh'ay 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.
(2) Duplex structures.
(3) Multiple family structures.
(4) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(0.
(5) Parking lots not associated with a use, pursuant to an adopted neighborhood or
redevelopment plan.
(6) Pocket parks.
1~ Public educational facilities of The School District of Palm Beach County.
p~,~rsuant to the regulations set forth in Section 4.3.3(HH).
Section 6. That Section 4.4.6, "Medium Density Residential (RM) 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 4.4.6 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:
(1) Single family detached dwellings.
4 ORD. NO. 24-02
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).
(6) Parking lots not associated with a use, pursuant to an adopted neighborhood
or redevelopment plan.
(7) Pocket parks.
Public educational facilities of The School District of Palm Beach County.
pcrsuant to the re_rotations set forth in Section 4.3.3(HH).
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 0aRD) 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
(2) Duplex structures.
(3) Multiple Family structures.
~ Public educational facilities of The School District of Palm Beach County..
purslJant to the re_tmlations set forth in Section 4.3.3(HH).
Section 8. That Section 4.4.21, "Community Facilities (CF) 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:
(f3) Principal Uses and Structures Allowed: The following types of use are allowed
within the CF District as a permitted use:
5 ORD. NO. 24-02
(1) Governmental, 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, such as: civic centers, community centers, community theater,
cultural facilities and auditoriums, arts and crafts centers, libraries, museums, public parking lots and
garages.
(3) Recreation, such as: community centers, tennis centers, swimming centers.
(4) Services, such as: abused spouse residences, child care centers, day care
centers, community residential facilities with six or less occupants.
(5) Religious, 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).
(6) Restricted usage allowed pursuant to an ordinance enacted to sever
developments rights under a Transfer of Developments (II)R). (See Section 4.6.20).
1~1 Public educational facilities of The School District of Palm Beach County..
pursuant to the re_tmhtions set forth in Section 4.3.3(HH).
Section 9. That Section 4.4.3, "Single Family Residential (R-l) Districts", Subsection (D),
"Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be amended to read as follows:
OD) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the Single Family Districts.
(1) Child care and adult day care.
(2) Churches, or places of worship, and their attendant educational, nursery, Sunday
school, recreational, and columbarium facilities. The foregoing does not allow establishment of
educational and care uses such as elementary school and general day care; however, such uses may
be established by a separate conditional use application for child care or rezoning to C.F., as
appropriate.
0)
4.3.3(HHJ D.
Private ~ducational facilities subject to the restrictions set forth in Section
6 ORD. NO. 24-02
(4) The use of common recreational facilities such as swimming pools and tennis
courts, associated with a subdivision, for club or commercial purposes.
(5) Single family detached residences in zero lot developments but only in the R-
1-A and R-I-AA Districts.
(6) Level I group homes.
Section 10. That Section 4.4.5, "Low Density Residential 0LL) District", Subsection (D),
"Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be amended to read as follows:
02)) Conditional Uses and Structures Allowed: The following uses are allowed as conditional
uses within the RL District.
(1) Child care and adult day care
(2) Churches, or places of worship, and their attendant educational, nursery,
Sunday school, recreational, and columbarim facilities. The foregoing does not allow establishment
of educational and care uses such as elementary school and general day care; however, such uses
may be established by a separate conditional use application for child care or rezoning to C.F. as
appropriate.
(3)
4.3.3(HHI:D.
Private ~tducational facilities subject to the restrictions set forth in Section
(4) The use of common recreational facilities such as swimming pools, tennis
courts, and golf courses (associated with a subdivision) for club or commercial purposes.
(5) Single family detached residences in zero lot developments.
(6) Group homes, Level II.
Section 11. That Section 4.4.6, "Medium Density Residential (RM) District", Subsection
(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code
of Ordinances of the City of Delray Beach, Florida, be amended to read as follows:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the RM District.
(1) Adult congregate living facilities and continuing care facilities.
7 ORD. NO. 24-02
(2) Alcohol and drug abuse treatment facilities.
(3) Child care and adult day care.
(4)
private ~ducational facilities subject to the restrictions set forth in Section
(5) Churches, or places of worship, and their attendant educational, nursery,
Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment
of educational and care uses such as elementary school and general day care; however, such uses
may be established by a separate conditional use application for child care or rezoning to CF, as
appropriate.
(6) Convalescent homes, homes for the aged, nursing homes, and rest homes.
(7) The use of common recreational facilities such as swimming pools, tennis
courts, and golf courses (associated with a subdivision) for club or commercial purposes.
(8) Single family detached residences in zero lot developments.
(9) Group homes, Level IlL
(10) Yacht club with facilities.
(11)
which has a marina.
Dock master facilities when associated with a multi-family development
(12) Private beach clubs with attendant recreational, dining, and rehted accessory
facilities within the area lying south of Atlantic Dunes Park and east of State Road A1A.
Section 12. That Section 4.4.7, "Planned Residential Development (PRD) District",
Subsection 0D), "Conditional Uses and Structures Allowed", of the Land Development Regulations
of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the PRD District.
(1) Child Care and Adult Day Care
(2) The use of common recreational facilities such as swimming pools, tennis
courts, and golf courses for club or commercial purposes.
8 ORD. NO. 24-02
0)
Private educational facilities subject to the restrictions set forth in Section
4.3.3(HHH).
Section 13. That Section 4.4.21, "Community Facilities (CF) District", Subsection (D),
"Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be amended to read as follows:
(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.
(2) private ~ducational facilities pursuant to tla¢ r%malations set forth in Section
4.3.3(HHH),,,~.....-:'~' ..... t'''~''''-t'~: .... ... t....~ ..... ,.L., 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, pursuant to the r%m~lafions set forth in Section
4.3.3(HHH).
0) Services, such as:
community residential homes with seven or more
occupants.
(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; resource recovery facilities, pursuant to
provisions of Section 4.3.3(Z); and power transfer stations.
Section 14. That Section 4.3.3, "Special Requirements for Specific Uses", Subsection (HI-I),
"Educational Facilities", of the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach, be amended to read as follows:
Section 4.3.3 Special Requirements for Spedfic Uses:
(HI-I) Public Educational Facilities of The School District of Palm Beach County:
9 ORD. NO. 24-02
The followine regulations apply. Relief from these reaukements
shall only be ~anted by the City. Commission through the waiver process [Section 2.4.7(B)].
(1) Lot Area: The minimum lot area ~U_,l ~._ -~ cnn c_~.
...... ,..,... ;q:~zc ..... is one (D.. acre.
(32) ~ A pickup and drop-off area for children shall be provided in a
convenient area adjacent to the building and shall provide dear ingress and egress to the building.
A minimum of a 100' dedicated vehicular drop-off/pick-up lane shall be provided. The stacking
area is measured from the loading area and shall not block drive-aisles or parking areas. A ~eater
distance may be required by the approving body based on the capacity of the facility. A reduced
stacking distance may be approved by the Board based on a traffic impact statement. Pathways that
cross vehicular use areas shall be defined by special paving, brick, striping or other method
acceptable to the Board,
Land,scape Requirements: When abutting residentially zoned properties.
excluding separators such as streets, canals, and railroads, a perimeter setback area of 15' must be
provided. The perimeter landscape area shall be a landscaped area. No paving is allowed except for
driveways and walk'ways leading structures on the premises provided they are perpendicular to the
property, line. This perimeter setback area may be decreased to 10' when an outdoor recreation area
is and abuts residentially zoned property..
(4) Parking Requirement: Parking for public educational facilities of The School
District of Palm Beach County. must be provided pursuant to Section 4.6.9(6)(e).
(5) Oth Regulafi All '.-1 .... ~.1-----I ~'--:11"-~- -k-11 .... 1..--.l*k a.l.A
.... u ......:__a All Poblic Educational Facilities of Thc School Board of Palm Beach County must
~omply with Chapter 235 of the Florida Statutes and thc State Requirements for Educational
Facilities as amended.
Section 15. That Appendix "A", "Definitions", "Residential Districts" of the l~nd
Development Regulations of the Code of Ordinances of the City of Delray Beach be amended to
read as follows:
10 ORD. NO. 24-02
APPENDIX "A"
TERM DEFINITION
RESIDENTIAL DISTRICTS
All R-1AA, R-IAAA-B, R-1AA, R-1AA-
B, R-lA, R-lA-B, RL, RM, PILE), A. RtL
and MH zoning districts.
Section 16. 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 17. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 18. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED//AlhID ADOPTED in regular session on second and final reading on this the
day of ~ ,2002.
City Clerk
First Readine
Second Reading9
MAYOR
11 ORD. NO. 24-02
l-avvo · vVlzDNESDAY, JULY 10, 2002
CITY' OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS CHAPTER FOUR TO ALLOW
PUBLIC EDUCATIONAL FACILITIES OF THE SCHOOL
DISTRICT OF PALM BEACH COUNTY AS A PRINCIPAL USE
IN ALL RESIDENTIAL AND COMMUNITY FACILITIES ZONING
DISTRICTS AND TO ALLOW PRIVATE EDUCATIONAL
FACILITIES AS A CONDITIONAL USE IN THE R-ls (SINGLE
FAMILY RESIDENTIAL), RL (LOW DENSITY RESIDENTIAL),
RM (MEDIUM DENSITY RESIDENTIAL), PRD (PLANNED
RESIDENTIAL DEVELOPMENT) AND THE CF (COMMUNITY
FACILITIES) ZONING DISTRICTS, AMENDING SECTION 4.3.3
(HH) BY RENAMING THE SUBSECTION TO PUBLIC
EDUCATIONAL FACILITIES OF THE SCHOOL DISTRICT OF
PALM BEACH COUNTY AND ADDING SUPPLEMENTAL
REGULATIONS FOR PUBLIC EDUCATIONAL FACILITIES OF
THE SCHOOl.: DISTRICT OF PALM BEACH COUNTY, AND
AMENDING APPENDIX "A" DEFINITIONS TO MODIFY THE
DEFINITION OF RESIDENTIAL DISTRICTS.
'The City Commission of the City of Delray Beach, Florida, proposes to adopt the following ordinance:
ORDINANCE NO. 24-~2
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 (MH) DISTRICT", SECTION
4.4 5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", SECTION 4.4 6, "MEDIUM DENSITY RESIDENTIAL (RM)
DISTRICT," SECTION 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT", AND SECTION 4.4 21,
"COMMUNITY FACILITIES (CF) DISTRICT", TO ALLOW PUBLIC EDUCATIONAL FACILITIES OF THE SCHOOL
DISTRICT OF PALM BEACH COUNTY AS A PRINCIPAL USE PURSUANT TO REGULATIONS SET FORTH IN
SECTION 4 3.3 (HH); 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 I~ESIDENTIAL (RM)
DISTRICT", SECTION 4.4 7, "PLANI~ED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT", AND SECTION 4 4.21,
'~',X:)MMUNITY FACILITIES (CF) DISTRICT", TO ALLOW PRIVATE EDUCATIONAL FACILITIES AS A CONDITIONAL
USE SUBJECT TO THE RESTRICTIONS SET FORTH IN SECTION 4.3.3 (HHH); AMENDING SECTION 4.3 3 (HH),
"EDUCATIONAL FACILITIES", BY RENAMING THE SUBSECTION TO "PUBLIC EDUCATIONAL FACILITIES OF
THE SCHOOL DISTRICT OF PALM BEACH COUNT~~' AND ADDING SUPPLEMENTAL REGULATIONS FOR
PUBLIC EDUCATIONAL FACILITIES, AMENDING APPENDIX "A", "DEFINITIONS" TO MODIFY THE DEFINITION
OF "RESIDENTIAL DISTRICTS", PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
The C~y Commission w,II conduct two (2) Public Heanngs for the purpose of accepting public testimony regarding the
proposed ordinance. The first Public Heanng will be held on TUESDAY. JULY 2. 2002. AT 7:00 P.M. m the
Commission Chambers at CAy Hall, 100 N.W. I st Avenue, Delray Beach, Florida If ~he proposed ordinance ~s passed
on first reading, a second Pubhc Hearing will be held on TUESDAY. JULY 16. 2002. AT 7:00 P.M. (or at any
continuation of such meeting, wh~h is set by the Corr{misslon).
All interested citizens are invited t~ attend the pubhc heanngs and comment upon the proposed ordinance or subrn~
their comments m wnting on or before the date of these hearings to the Planning and Zoning Department. For further
~nformat~on or to obtain a copy of the proposed ordinance, please contact the Pianmng and Zoning Department, CAy
Hall, 100 N.W 1st Avenue, Delray Beach, Florida 3,~.~. {emil at _ezmail@delrav_olannin_~.om~, or by calhn9 561-
243-70;40, between the hours of 8:00A M. and 5:00 RM., Monday through Fnday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL A,NY 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. TI-iE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT
TO F.S. 286.0105
PUBLISH Sun-Sentinel New~ CITY OF DEI.RAY BEACH
Monday, June 24, 2002 Ela~oara Garito, CMC
Wednesday, July 10, 2002 City Clerk
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS CHAPTER FOUR TO ALLOW
PUBLIC EDUCATIONAL FACILITIES OF THE SCHOOL
DISTRICT OF PALM BEACH COUNTY AS A PRINCIPAL USE
IN ALL RESIDENTIAL AND COMMUNITY FACILITIES ZONING
DISTRICTS AND TO ALLOW PRIVATE EDUCATIONAL
FACILITIES AS A CONDITIONAL USE IN THE R-ls (SINGLE
FAMILY RESIDENTIAL), RL (LOW DENSITY RESIDENTIAL),
RM (MEDIUM DENSITY RESIDENTIAL), PRD (PLANNED
RESIDENTIAL DEVELOPMENT) AND THE CF (COMMUNITY
FACILITIES) ZONING DISTRICTS, AMENDING SECTION 4.3.3
(HH) BY RENAMING THE SUBSECTION TO PUBLIC
EDUCATIONAL FACILITIES OF THE SCHOOL DISTRICT OF
PALM BEACH COUNTY AND ADDING SUPPLEMENTAL
REGULATIONS FOR PUBLIC EDUCATIONAL FACILITIES OF
THE SCHOOL DISTRICT OF PALM BEACH COUNTY, AND
AMENDING APPENDIX "A" DEFINITIONS TO MODIFY THE
DEFINITION OF RESIDENTIAL DISTRICTS
ORDINANCE NO. 24-0~
AN ORI~INANCE OF THE Crl'Y 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 "MO~ILE HOME (MH) DISTRICT", SECTION
4.4.5, -LOW DENSITY RESIDENTIAL (RL) DISTRICT", SECTION 4.4.6, 'MEDIUM DENSITY RESIDENTIAL (RM)
DISTRIC'I~,' SECTION 4.4.7, 'PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT", AND SECTION 4.4.21,
'COMMUNrT~ FACILITIES (CF) DISTRICT", TO ALLOW PUBLIC EDUCATIONAL FACILITIES OF THE SCHOOL
DISTRICT OF PALM BEACH COUNTY AS A PRINCIPAL USE PURSUANT TO REGULATIONS SET FORTH IN
SECTION 4.3.3 (HH); AMENDING SECTION 4.4.3, 'SINGLE FAMILY RESIDENTIAL (R-l) DISTRICTS", SECTION
4.3,.5, 'LOW DENSITY RESIDENTIAL (RL) DISTRICT", SECTION 4.4.6, 'MEDIUM DENSITY RESIDENTIAL (RM)
DISTRICT", SECTION 4.4.7, 'PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT", AND SECTION 4.4~.1,
'COMMUNITY FACILITIES (CF) DISTRICT", TO ALLOW PRIVATE EDUCATIONAL FACILITIES AS A CONDITIONAL
USE SUBJECT TO THE RESTRICTIONS SET FORTH IN SECTION 4.3.3 (HHH); AMENDING SECTION 4.3.3 (HH),
'EDUCATIONAL FACILITIES", BY RENAMING THE SUBSECTION TO "PUBLIC EDUCATIONAL FACILITIES OF
THE SCHOOL DISTRICT OF PALM BEACH COUNTY" AND ADDING SUPPLEMENTAL REGULATIONS FOR
PUBUC EDUCATIONAL FACILITIES; AMENDING APPENDIX 'A", 'DEFINITIONS" TO MODIFY THE DEFINITION
OF "RESIDENTIAL DISTRICTS", 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 ~e
proposed ordinance. The first Public Hearing will be held on TUESDAY. JULY 2. 2002. AT 7:00 P.M. in the
~ 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. JULY 16. 2002. AT 7:00 P.M. (or at any
continuatiort of such meeting, which is set by the Commission).
All interested citizens am invited to attend Ihe public hearings and comment upon the proposed ordinar~ce or submit
their comments in writing on or before the ~ate of these hearings to the Planning and Zoning Department. For furlher
information or to obtain a copy of the proposed ofdinanca, I:dease contac~ the Planning and Zoning Department, City
Hall, 100 N W. 1st Avenue, Delray Beach, Florida 33444 Ce. mall at ozmallOdat _ra~ola_ nnin_o.oro_) or by calling 561-
243-7040, between the hours of 8:00 A.M. and 5:00 RM., 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 INCLUDE~ 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: SumSenlinel News CITY OF DELRAY BEACH
Wedr-~-~y,,My 10, 2OO2 Cay
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM \~)~2~ . REGULAR MEETING OF JULY 16, 2002
ORDINANI~E NO. 24-02 (AMENDING LAND DEVELOPMENT
REGULATIONS)
DATE: JULY 12, 2002
This is second reading and second public heating for Ordinance No. 24-02 which amends the Land
Development Regulations (LDR) by adding Public Educational Facilities as a permitted use in
residential and community facilities (CF) zoning districts, amending Section 4.3.3, "Special
Requirements for Specific Uses" to add supplemental regulations for public education facilities, and
allowing private schools and other similar educational facilities as a conditional use in certain
residential zoning districts and planned residential development (laRD) zoning districts.
The Planning and Zoning Board held a public hearing in conjunction with the request. There were
several members of the public who spoke regarding this request. After discussing this amendment,
the Board voted 3-2 to recommend the request be approved, 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.
At first reading and first public hearing on July 2, 2002, the City Commission passed the Ordinance
No. 24-02 unanimously.
Recommend approval of Ordinance No. 24-02 on second and final reading.
S:\City Clerkkchevelle folder\agenda memos\Ord.24.0Z07.16.02
THRU:
FROM:
CITY COMMISSION DOCUMENTATION I
i II II IIIIIIIIIIIIIIII II IIIIIIIII IIIII IIIIIII III II ''ill , < iiiiiiiiii
PAUL DORLING, DIRECTOR OF PLANNING AND Z//O~
JEFFREY A. COSTELLO, PRINCIPAL PLANNE R~-/~ff;~
MEETING OF JULY 2, 2002 - CONSlDERATION"OF AN AMENDMENT TO THE LAND
SUBJECT:
DEVELOPMENT REGULATIONS TO ADD PUBLIC EDUCATIONAL FACILITIES OF THE SCHOOL
DISTRICT OF PALM BEACH COUNTY AS A PRINCIPAL (PERMITTED) USE IN RESIDENTIAL AND
COMMUNITY FACILITIES (CF) ZONING DISTRICTS; SECTION 4.3.3 ADDING SUPPLEMENTAL
REGULATIONS FOR PUBLIC EDUCATIONAL FACILITIES; MODIFYING THE DEFINITION OF
RESIDENTIAL ZONING DISTRICTS; RENAMING EDUCATIONAL FACILITIES AND CLARIFYING THAT
PRIVATE SCHOOLS AND OTHER SIMILAR EDUCATIONAL FACILITIES ARE CONDITIONAL USES IN
CERTAIN RESIDENTIAL ZONING DISTRICTS; AND ADDING PRIVATE SCHOOLS AND OTHER
SIMILAR EDUCATIONAL FACILITIES AS A CONDITIONAL USE IN THE PRD ZONING DISTRICT.
The proposed amendment adds supplemental regulations for public educational facilities and modifies the
definition of residential zoning district in the LDRs to be consistent with the Comprehensive Plan. Further,
the current regulations within the Community Facilities (CF) zoning district have been modified to allow
public educational facilities as a permitted use. The amendment also incorporates changes per the
Commission's direction, which related to removal of the reference to charter schools and adding public
schools as a permitted use in the A (Agriculture), MH (Mobile Home), and RR (Rural Residential) zoning
districts, based upon public comments. Additional background and a complete 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 June 17, 2002.
There were several members of the public who spoke regarding the request. An attorney representing the
Coral Trace Homeowners Association felt the amendment was not properly advertised and that the
proposed amendment was too broad and inconsistent with State Statutes. A comment was also made that
the School District should review and provide a recommendation on the proposed the amendment. Another
person felt public schools should be allowed as a conditional use rather than a permitted use. After
discussing the amendment, the Board voted 3-2 (Wamer and
absent) to recommend to the City Commission approval of
Development Regulations, based upon a positive finding with
Randolph dissenting, Krall and Sowards
the proposed amendment to the Land
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. With regard to the comment regarding the School District's review of the proposal, attached is a letter
from the School District supporting the proposed text amendment.
By motion, approve on first reading an amendment to the Land Development Regulations to add "Public
Educational Facilities of The School District of Palm Beach County" as a permitted use in residential and
Community Facilities (CF) zoning districts; Section 4.3.3 adding supplemental regulations for Public
Educational Facilities; modifying the definition of Residential Zoning Districts; renaming Educational
Facilities and clarifying that Private Schools and Other Similar Educational Facilities are conditional uses in
certain Residential Zoning Districts; and adding "Private Schools and Other Similar Educational Facilities"
as a conditional use in the PRD (Planned Residential Development) zoning district, 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 July 16,
2002.
ORDINANCE NO. 24-02
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 (PR) 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 (RI_,)
DISTRICT", SECTION 4.4.6, "MEDIUM DENSITY
RESIDENTIAL (RM) DISTRICT", SECTION 4.4.7,
"PLANNED RESIDENTIAL DEVELOPMENT (PRD)
DISTRICT", AND SECTION 4.4.21, "COMMUNITY
FACILITIES (CF) DISTRICT", TO ALl.OW PUBLIC
EDUCATIONAL FACILITIES OF THE SCHOOL DISTRICT
OF PALM BEACH COUNTY AS A PRINCIPAL USE
PURSUANT TO REGULATIONS SET FORTH IN SECTION
4.3.3(I-IH); AMENDING SECTION 4.4.3, "SINGLE FAMILY
RESIDENTIAL (R-l) DISTRICTS", SECTION 4.4.5, "LOW
DENSITY RESIDENTIAL (ILL) DISTRICT", SECTION 4.4.6,
"MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT",
SECTION 4.4.7, "PLANNED RESIDENTIAL
DEVELOPMENT (laRD) DISTRICT", AND SECTION 4.4.21,
"COMMUNITY FACILITIES (CF) DISTRICT", TO ALLOW
PRIVATE EDUCATIONAL FACILITIES AS A
CONDITIONAL USE SUBJECT TO THE RESTRICTIONS
SET FORTH IN SECTION 4.3.3(HHH); AMENDING
SECTION 4.3.3 0-IH), "EDUCATIONAL FACILIITIES", BY
RENAMING THE SUBSECTION TO "PUBLIC
EDUCATIONAL FACILITIES OF THE SCHOOL DISTRICT
OF PALM BEACH COUNTY" AND ADDING
SUPPLEMENTAL REGULATIONS FOR PUBLIC
EDUCATIONAL FACILITIES; AMENDING APPENDIX
"A", "DEFINITIONS" TO MODIFY THE DEFINITION OF
"RESIDENTIAL DISTRICTS"; 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 June 17, 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 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 District (A):
(13) Principal Uses and Structures Permitted: The following types of use are allowed within
the (A) District as a pemaitted 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 4.3.30).
Public educational facilities of The School District of Palm Beach County..
pursuant to the regulations set forth in Section 4.3.3(HH).
Section 2. That Section 4.4.2, "Rural Residential (RR) Zone Districe', 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 (PR) Zone District:
(B) Principal Uses and Structures Pemaitted: The following types of use are allowed within
the (A) District as a permitted use:
(1) Single family detached dwellings.
2 ORD. NO. 24-02
(2) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.30).
Public educational facilities of The School District of Palm Beach County..
pursuant to the regulations set forth in Section 4.3.3(HH).
Section 3. That Section 4.4.3, "Single Family Residential (R-l) 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:
4.3.30).
(1)
Conventionally sited single family detached residences.
(2) Group Home, Type 1, pursuant to the restrictions set forth in Section
or redevelopment plan.
(4) Pocket parks.
Public educational facilities of The School District of Palm Beach County,
pursuant to the regulations set forth in Section 4.3.3(HH).
Parking lots not associated with a use, pursuant to an adopted neighborhood
Section 4. That Section 4.4.4, "Mobile Home (Mit) 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 4.4.4 Mobile Home (MH) District:
03) Principal Uses and Structures Permitted: The following types of use are allowed
within the (MH) 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 ORD. NO. 24-02
(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,
pursuant to the regulations set forth in Section 4.3.3(HH).
Section 5. That Section 4.4.5, "Low Density Residential (RE) 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 0LL) District as a permitted use:
(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 The School District of Palm Beach County,
pursuant to the regulations set forth in Section 4.3.3(I-IH).
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:
03) Principal Uses and Structures Permitted: The following types of use are allowed within
the (RM) District as a permitted use:
(1) Single family detached dwellings.
4 ORD. NO. 24-02
Duplex stxuctures.
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).
(6) Parking lots not associated with a use, pursuant to an adopted neighborhood
or redevelopment plan.
(7) Pocket parks.
Public educational facilities of The School District of Palm Beach County,
pursuant to the regulations set forth in Section 4.3.3(HH).
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:
(t3) Principal Uses and Structures Permitted: The following types of use are allowed
within the (PRD) District as a permitted use:
design.
0)
Single family detached dwelling whether conventional or zero lot line
(2) Duplex structures.
(3) Multiple Family structures.
~,~ Public educational facilities of The School District of Palm Beach County,
pursuant to the regulations set forth in Section 4.3.3(HH).
Section 8. That Section 4.4.21, "Community Facilities (CF) 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:
03) Principal Uses and Structures Allowed: The following types of use are allowed
within the CF District as a permitted use:
5 ORD. NO. 24-02
(1) Governmental, 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, such as: civic centers, community centers, community theater,
cultural facilities and auditoriums, arts and crafts centers, libraries, museums, public parking lots and
garages.
(3) Recreation, such as: community centers, tennis centers, swimming centers.
(4) Services, such as: abused spouse residences, child care centers, day care
centers, community residential facilities with six or less occupants.
(5) Religious, 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).
(6) Restricted usage allowed pursuant to an ordinance enacted to sever
developments rights under a Transfer of Developments (TDR). (See Section 4.6.20).
~ Public educational facilities of The School District of Palm Beach County..
pursuant to the regulations set forth in Section 4.3.3(HH).
Section 9. That Section 4.4.3, "Single Family Residential (R-l) Districts", Subsection (D),
"Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be amended to read as follows:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the Single Family Districts.
(1) Child care and adult day care.
(2) Churches, or places of worship, and their attendant educational, nursery, Sunday
school, recreational, and columbarium facilities. The foregoing does not allow establishment of
educational and care uses such as elementary school and general day care; however, such uses may
be established by a separate conditional use application for child care or rezoning to C.F., as
appropriate.
(3)
4.3.3(HH .
Private g-e_ducational facilities subject to the restrictions set forth in Section
6 ORD. NO. 24-02
(4) The use of common recreational facilities such as swimming pools and tennis
courts, associated with a subdivision, for club or commercial purposes.
(5) Single family detached residences in zero lot developments but only in the R-
1-A and R-I-AA Districts.
(6) Level I group homes.
Section 10. That Section 4.4.5, "Low Density Residential (RL) District", Subsection (D),
"Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be amended to read as follows:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional
uses within the RL District.
(1) Child care and adult day care
(2) Churches, or places of worship, and their attendant educational, nursery,
Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment
of educational and care uses such as elementary school and general day care; however, such uses
may be established by a separate conditional use application for child care or rezoning to C.F. as
appropriate.
(3)
4.3.3(HHH__).
Private ~educafional facilities subject to the restrictions set forth in Section
(4) The use of common recreational facilities such as swimming pools, tennis
courts, and golf courses (associated with a subdivision) for club or commercial purposes.
(5) Single family detached residences in zero lot developments.
(6) Group homes, Level II.
Section 11. That Section 4.4.6, "Medium Density Resident/al (RM) District", Subsection
(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code
of Ordinances of the City of Delray Beach, Florida, be amended to read as follows:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the RM District.
(1) Adult congregate living facilities and continuing cate facilities.
7 ORD. NO. 24-02
(2) Alcohol and drug abuse treatment facilities.
0) Child care and adult day care.
(4)
4.3.3(HHH__).
Private ~educafional facilities subject to the restrictions set forth in Section
(5) Churches, or places of worship, and their attendant educational, nursery,
Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment
of educational and care uses such as elementary school and general day care; however, such uses
may be established by a separate conditional use application for child care or rezoning to CF, as
appropriate.
(6) Convalescent homes, homes for the aged, nursing homes, and rest homes.
(7) The use of common recreational facilities such as swimming pools, tennis
courts, and golf courses (associated with a subdivision) for club or commercial purposes.
(8) Single family detached residences in zero lot developments.
(9) Group homes, Level III.
(10) Yacht club with facilities.
(11)
which has a marina.
Dock master facilities when associated with a multi-family development
(12) Private beach clubs with attendant recreational, dining, and related accessory
facilities within the area lying south of Atlantic Dunes Park and east of State Road A1A.
Section 12. That Section 4.4.7, "Planned Residential Development (PRD) District",
Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations
of the Code of Ordinances of the City of De[ray Beach, Florida, be amended to read as follows:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the PRD District.
(1) Child Care and Adult Day Care
(2) The use of common recreational facilities such as swimming pools, tennis
courts, and golf courses for club or commercial purposes.
8 ORD. NO. 24-02
(3) Private educational facilities subiect to the restrictions set forth in Section
4.3.3(HHH).
Section 13. That Section 4.4.21, "Community Facilities (CF) Distxict", Subsection (D),
"Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be amended to read as follows:
(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.
(2) Private ~?~educational facilities pursuant to the regulations set forth in Section
4.3.3(HHH), cipher _..uu .... ~ ..... 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, pursuant to the regulations set forth in Section
'L3.3(HHH).
(3)
Services, such as: community residential homes with seven or more
occupants.
(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; resource recovery facilities, pursuant to
provisions of Section 4.3.3(Z); and power transfer stations.
Section 14. That Section 4.3.3, "Special Requirements for Specific Uses", Subsection (HH),
"Educational Facilities", of the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach, be amended to read as follows:
Section 4.3.3 Special Requirements for Specific Uses:
(HH) Public Educational Facilities of The School District of Palm Beach County:
9 ORD. NO. 24-02
r-.~,~......~..~;~:,..r2A-a:'-'~-.,.~.~,~o ,..o~-.,.,o.a;-~-'- The followin~v regulations apply. Relief from these requirements
shall only be ~anted by the City Commission through the waiver process [Section 2.4.703)].
(1) Lot Area: The minimum lot area ~uAn t.~ -~ ;an ....... r-~' is one (1) acre.
(32) Loading Area: A pickup and drop-off area for children shall be provided in a
convenient area adjacent to the building and shall provide clear ingress and egress to the building.
A minimum of a 100' dedicated vehicular drop-off/pick-up lane shall be provided. The stacking
area is measured from the loading area and shall not block drive-aisles or parking areas. A ~eater
distance may be required by the approving body based on the capacity of the facility. A reduced
stacking distance may be approved by the Board based on a traffic impact statement. Pathways that
cross vehicular use areas shall be defined by spemal paving, brick, sthping or other method
acceptable to the Board.
Landscape Requirement:: When abutting residentially zoned properties.
excluding separators such as streets, canals, and railroads, a perimeter setback area of 15' must be
provided. The perimeter landscape area shall be a landscaped area. No paving is allowed except for
driveways and walkways leading structures on the premises provided they are perpendicular to the
property line. This perimeter setback area may be decreased to 10' when an outdoor recreation area
is and abuts residentially zoned property.
(4) Parking Requirement: Parking for public educational facilities of The School
District of Palm Beach County must be provided pursuant to Section 4.6.9(6)(e).
(5) Oth R g~ti ~11
er e ons:
.... ~ .... ~ .... A' Pubfic Educational Fac~fies of ~e School Board of Pa~ Beach Coun~ must
comply ~ Chapter 235 of ~e Florida Statutes and ~e State Req~ements for Educational
Fa~fies as amended.
Section 15. That Appendix "A", "Definitions", "Residential Districts" of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach be amended to
read as follows:
10 ORD. NO. 24-02
APPENDIX "A"
TERM DEFINITION
RESIDENTIAL DISTRICTS
All R-1AA, R-IAAA-B, R-1AA, R-lA_A-
B, R-lA, R-lA-B, RL, R/VI, PRD, A, RR,
and MH zoning districts.
Section 16. 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 17. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 18. 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
11 ORD. NO. 24-02
06/25/2002 i6:20 5614348815 P~E 82/82
THE SCHOOL [~STt~CTOF
PALM BEN3H COUNTY, FLORIDA
~aLANNING DI/PARTI~NT
3300 FOR EST HI LL BLVD., C-110
WEST PALM BEACH, FL 3a406.4813
(561) 4a4-8020 FAX: (561) 4348187
June 24, 2002
N~THUR C. JOHNSON, Ph.D.
SUPERINTENDENT
Mr. Paul Dorling
Planning and Zoning Director
City of Delray Beach
100 N.W. First Avenue
Delray Beach, FI. 33'I.'I.a,
RE: Proposed Land Development Regulations Amendment Affecting Schools
Dear Mi', Dodins:
The following is provided in response to a request for our input on thc proposed land development
code amendment to allow schools as a permitted use in all resident/al and community facilities
zoning districts. The School District supports the proposed amendment and has advocated this
position to other municipalities in Palm Beach County,
In 1998, Florida Statutes Chapter 163.3177 was mended to require that local governments'
comprehensive plans show the land use categories in which public schools are an allowable use,
including sufficient land proximate to residential development to meet projected needs for schools.
In January 2001, Palm Beach County opted for school concurrency, establishing a level of service
for schools. These concurrency provisions support the proposed land development regulation
amendment to enable construction of schools in pace with residential development.
The School District has adopted an aggressive capital plan for building and modernizing schools.
In order to keep pac~ with residential development and meet the needs of the growing stud~t
population, school construction is necessarily on a very tight schedule. Allowing schools as a
permitted use in all zo~ting districts is preferable to other approval processes (conditional use,
rezoning, etc) and would greatly assist the School District in maintaining the concurrency level of
service for schools. Moreover, Policy B-I.1 of thc City's adopted Public School Facilities Element
requires expedited review of schools sites. Clearly the proposed amendment furthers this policy.
We fully support the proposed amendment. If there are any questions, plcase do not hesitate to
contact me at 434-8935.
c:
Janet Meeks, Education Coordilmtor, City of Delray Beach
Joseph Sanches, Chief of Facilities Management, SDPBC
Wiili,m F. Malone, Chief Operating Officcr, SDPBC
S :Wlmmia$XPublicXData\INTRI~G~i-2 Aoo
AN EOU~L OV~'OaTUNrrY EM~OYIn
PLANNING AND ZONiNGBOARD MEMORANDUM STAFF REPORT
MEETING DATE:
AGENDA ITEM:
JUNE 17, 2002
IV.A. AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS TO ADD PUBLIC EDUCATIONAL FACILITIES OF
THE SCHOOL DISTRICT OF PALM BEACH COUNTY AS A
PRINCIPAL (PERMITTED) USE IN RESIDENTIAL AND
COMMUNITY FACILITIES (-CF) ZONING DISTRICTS; SECTION
4.3.3 ADDING SUPPLEMENTAL REGULATIONS FOR PUBLIC
EDUCATIONAL FACILITIES; MODIFYING THE DEFINITION OF
RESIDENTIAL ZONING DISTRICTS; RENAMING EDUCATIONAL
FACILITIES AND CLARIFYING THAT PRIVATE SCHOOLS AND
OTHER SIMILAR EDUCATIONAL FACILTIES ARE CONDITIONAL
USES IN CERTAIN RESIDENTIAL ZONING DISTRICTS; AND
ADDING PRIVATE SCHOOLS AND OTHER SIMILAR
EDUCATIONAL FAClLTIES AS A CONDITIONAL USE IN THE PRD
ZONING DISTRICT.
ITEMBEFORE THE BOARD
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 "Public Educational
Facilities of the School District of Palm Beach County" as a permitted use in residential and
Community Facilities (CF) zoning districts; Section 4.3.3 adding supplemental regulations
for Public Educational Facilities; modifying the definition of Residential Zoning Districts;
renaming Educational Facilities and clarifying that Private Schools and Other Similar
Educational Facilities are conditional uses in certain Residential Zoning Districts; and
adding "Private Schools and Other Similar Educational Facilities" as a conditional use in
the PRD (Planned Residential Development) zoning district, 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.
'BACKGROUND
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.
At its meeting of May 20, 2002, the Planning and Zoning Board held a public hearing on an
amendment to the Land Development Regulations to allow Public Educational Facilities of
Palm Beach County School Board as a permitted use in all residential zoning districts.
IV.A.
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Public Educational Facilities in Residential Zoning Districts
Page 2
The amendment was being processed to obtain consistency with the City's Comprehensive
Plan as it relates to the Public Schools Facilities Element (adopted in 2001) as well as
other policies (adopted in 1999) relating to schools. The policies adopted in 1999 were in
response to an amendment to Section 163.3177(6)(a), Florida Statutes, in 1998, which
required local governments to include school siting location criteria in their comprehensive
plans and designate the land use categories where public schools are an allowable use.
There were several members of the public who spoke in opposition to the request which
were site specific and primarily opposed the relocation of Atlantic High School to the
property south of the Coral Trace subdivision, known as the Tate property. Also, they felt
that as the CF (Community Facilities) zoning district currently allows schools as a
conditional use, the proposed change to allow schools in residential areas is not necessary.
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).
At its meeting of June 4, 2002, the City Commission considered the amendment as
proposed by the Planning and Zoning Board. 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.
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. In addition to
the above, the amendment incorporates changes per the Commission's direction.
LDR TEXT AMENDMENT ANALYSIS
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.
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Public Educational Facilities in Residential Zoning Districts
Page 3
As presented in the Planning and Zoning Board Staff Report of May 20, 2002, the following
goals, objectives, and policies apply.
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-1.1 The City of Delray Beach shall coordinate
and provide for expedited review of development proposals with the School District dudng
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 De/ray 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~I. 1 above; and,
· A/lowing schools as a permitted use within all urban residential land use categories.
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.
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.
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Public Educational Facilities in Residential Zoning Districts
Page 4
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 pattems.
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.
As previously discussed, at its June 4th meeting, the City Commission reviewed the text
amendment and felt that the reference excluding charter schools should be removed and
that the Rural Residential (RR) zoning district should not have been omitted. The
Commission directed staff to make the appropriate changes.
The text amendment 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. This text amendment
also modifies the CF zoning district regulations to allow educational facilities as a permitted
use.
The definition of residential districts in the Land Development Regulations is being modified
to be consistent with the City's Comprehensive Plan. This modification adds Rural
Residential, Mobile Home, and Agriculture as zoning districts, which are classified as
residential. The proposed supplemental regulations are provided to address concerns
related to schools on small lots, where vehicle stacking, parking and setbacks may be a
concern. These regulations will replace the current LDR Section 4.3.3(HH), which have
been incorporated into proposed LDR Section 4.3.3(HHH) pertaining to private schools,
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Public Educational Facilities in Residential Zoning Districts
Page 5
and are scheduled for second reading/adoption at the June 18th City Commission meeting.
In addition, this amendment cladfies that private schools are allowed as a conditional use in
certain residential zoning districts (R-ls, RL, and RM) and adds "Private Schools and Other
Similar Educational Facilities" as a conditional use in the PRD (Planned Residential
Development) zoning district, to obtain consistency with the other residential districts that
allow conditional uses. The proposed regulations now before the Planning and Zoning
Board include loading/stacking, landscape, and parking requirements, a minimum lot size,
and compliance with Chapter 235 of Florida Statutes and the State Requirements for
Educational Facilities.
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 clearly is consistent with and
furthers the Goals, Objectives, and Policies of the City's Comprehensive Plan.
Other Policies:
At the June 4, 2002 City Commission meeting, a member of the public spoke in opposition
to the changes and felt that there are policies of the Comprehensive Plan which did not
support the proposed amendment to the Land Development Regulations. These policies
are discussed below.
Future Land Use Element Policy A-1 . Future proposals to establish regional public
facilities shall be supported by data which demonstrates that the loss of property tax
revenue and other negative impacts will be offset by mitigating measures which may
include, but are no limited to: payment of fees, creation of significant numbers of local jobs,
and measures to control odors, noise, traffic, and other potential impacts on the
surrounding communities. If the approving body determines that the negative impact of a
particular facility cannot be substantially offset by mitigating measures, the application shall
be denied.
This policy was adopted in 1997 in response to the EAR (Evaluation and Appraisal Report)
of the City's Comprehensive Plan, which occurred in 1996. The policy was created as a
result of a proposal by the Solid Waste Authority to construct a transfer station for
recyclables on Congress Avenue for the south Palm Beach County area. In the Analysis
section of the Future Land Use Element there is a discussion that the City is a strategic
location for regional public and semi-public facilities as the City is centrally located in south
Palm Beach County (Solid Waste Authority transfer station, County courthouse, County
bus maintenance facility, County administrative offices, County mental health and drug
rehabilitation centers, etc). The paragraph goes on to state that the City has assumed the
burden for these services facilities in the south Palm Beach county area, and is not
obligated to accommodate additional facilities. The context of this policy cleady relates to
regional facilities that service the south Palm Beach County area, and does not relate in
any way to schools.
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Public Educational Facilities in Residential Zoning Districts
Page 6
Description of Low Density and Medium Density Future Land Use Map designations:
Low Density: This designation is applied to land which is developed, or is to be
developed, at a density of five units per acre or less. Such land is usually developed for
single family purposes although mixed residential uses may occur under a planned
residential zoning district. Home ownership is characteristic of this designation. Where this
designation exists, uses other than Iow density residential shall not be considered.
Medium Density: This designation is applied to land which is developed, or is to be
developed, at a density between five and twelve units per acre. Such land is usually
developed in planned communities or exists in older areas where there are duplexes and
condominiums. Home ownership is characteristic of this designation. Where this
designation exists, uses other than those which are residential in character shall not be
considered.
The majority of the corresponding residential zoning districts currently allow other uses
such as churches, child care facilities, and educational facilities, while others allow
substance abuse treatment facilities and assisted living facilities. Inclusion of public
educational facilities as a permitted use into residential zoning districts is probably more
appropriate than other uses currently allowed. Schools are typically located in residential
areas as is evident with the majority of schools in Delray Beach. There are policies at the
local, state and national level which focus on neighborhood schools.
Housinq Element Obiective A-14 - The City recognizes that the condition and operation
of its schools has a direct bearing on the stability of its neighborhoods. A poorly
maintained physical plant can have a blighting influence on a surrounding neighborhood,
and a school with poor educational performance can have a depreciating impact on
property values of homes located with the district. The City will continue its efforts to
upgrade and improve schools located within its boundaries.
Housing Element Policy A-14.1 - The future of the public schools located in rehabilitation
and revitalization areas (Atlantic High, Plumosa Elementary, Spady Elementary, and Pine
Grove elementary) is vital to the future of the associated neighborhoods. The City will
continue to lobby the Palm Beach County School District to provide investment in physical
improvements, staffing, and curriculum in order to have these facilities be assets to the
neighborhoods
Housing Element Objective A.4 - For those areas identified as needing "stabilization" on
the residential Neighborhood Categorization Map", the City shall take measures to prevent
further decline, and to help move the neighborhood toward a classification of "stable".
These objectives and policies acknowledge that poorly maintained school facilities can
have a negative impact on adjacent uses. However, conversely, a well-maintained facility
will add to the stability of neighborhoods and these policies affirm the City's commitment to
assure that adequate resources to upgrade and improve school facilities are provided.
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Public Educational Facilities in Residential Zoning Districts
Page 7
RECOMMENDED ACTION
By motion, recommend to the City Commission approval of an amendment to the Land
Development Regulations to add "Public Educational Facilities of the School District of
Palm Beach County" as a permitted use in residential and Community Facilities (CF)
zoning districts; Section 4.3.3 adding supplemental regulations for Public Educational
Facilities; modifying the definition of Residential Zoning Districts; renaming Educational
Facilities and clarifying that Private Schools and Other Similar Educational Facilities are
conditional uses in certain Residential Zoning Districts; and adding "Private Schools and
Other Similar Educational Facilities" as a conditional use in the PRD (Planned Residential
Development) zoning district, 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
Temple Sinai
Of Palm Beach County
2475 West Atlantic Avenue, Delray Beach, Florida 33445-4425
Telephone: 561-276-6161
FAX: 561-276-3485 E-mail: Sinai2475@att.net
RABBI
Dr. Chaim J. Wender
July 9, 2002
RECEIVED
JUL 1 0 2002
CITY MANAGER'
A Reform Congregation
member U.A.H.C.
PRESIDENT
Robert S Goodman
Mr. David Harden
City Manager
City Hall
100 NW First Avenue
Dekay Beach, Florida 33444
Dear Mr. Harden:
I am writing this letter in order to make clear the position of Temple Sinai with respect to
relocating Atlantic High School adjacent to the Temple. As the Temple's President, and
with the concurrence of the Board of Trustees, I speak for 'the congregation and state
emphatically that Temple Sinai has absolutely no objection to having Atlantic High
School as its neighbor.
Any cot/terns that we may have had have been addressed by both the School District and
the City of Delray Beach. The District plans to site the stadium at a comfortable distance
to the northeast of the Temple building and the City has provided $100,000 to build a
buffer should the stadium still cause any intrusion. They have demonstrated their
concern for the Temple and their desire to be a good neighbor. We, in turn, recognize the
advantage to the District and to the City to relocate the High School, and also wish to be
a good neighbor.
RSG:mjb
P.So
It would be appreciated if you made the members of your board aware of this
letter.