15-93 ORDINANCE NO. 15-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.4.22, "OPEN SPACE (OS)
DISTRICT", SUBSECTION (C), OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELHAY BEACH, FLORIDA, BY ADDING "LIFEGUARD STANDS,
HEADQUARTERS AND NECESSARY SUPPORT FACILITIES" AS A
PERMITTED ACCESSORY USE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND ~N EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of January
11, 1993, and has forwarded the change with a recormmendation of
approval; and,
WHEREAS, pursuant to Florida Statute 163.3174(1) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with, and furthers the
objectives and policies of, the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.22, "Open Space (OS)
District", Subsection 4.4.22(C), "Accessory Uses and Structures
Allowed", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
(C) Accessory Uses and Structures Allowed: The
following types of use are allowed when a part of, or
accessory to, the principal use:
(1) Parking lots
(2) Restrooms, rest areas
(3) Interpretative trails
(4) Golf course clubhouse, pro shop, maintenance
buildings
(5) Lifeguard stands, headquarters and necessary
support facilities
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 9th day of February , 1993.
ATTEST:
- JcftY - C-~o r k ·
First Reading January 26, 1993
Second Reading February 9, 1993
-2 - Ord. No. 15-93
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~1
SUBJECT: AGENDA ITEM # /d ~ - MEETING 0F FEBRUARY 9. 1993
QRDINANCE NO, ~5-95
DATE: February 5, 1993
This is the second reading of an ordinance which amends Section 4.4.22
(Open Space District) of the Land Development Regulations by adding
"Lifeguard stands, headquarters and necessary support facilities" as a
permitted accessory use within the OS zone district. This proposed
amendment came about as a result of the recent beach area parks
rezonings from CF (Community Facilities) to OS. In order to
accommodate a lifeguard stand which is planned for Sandoway Park
modification of the OS zone district is necessary.
The Planning and Zoning Board at their January llth meeting
recommended approval.
At the January 26th meeting, Ordinance No. 15-93 was passed on first
reading with a 5-0 vote.
Recommend approval of Ordinance No. 15-93 on second and final reading.
ORDINANCE NO. 15-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING C~APTER 4, "ZONING
REGULATIONS", SECTION 4.4.22, "OPEN SPACE (OS)
DISTRICT", SUBSECTION (C), OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY ADDING "LIFEGUARD STANDS,
HEADQUARTERS AND NECESSARY SUPPORT FACILITIES" AS A
PERMITTED ACCESSORY USE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of January
11, 1993, and has forwarded the change with a recommendation of
approval; and,
WHEREAS, pursuant to Florida Statute 163.3174(1) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with, and furthers the
objectives and policies of, the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.22, "Open Space (OS)
District", Subsection 4.4.22(C), "Accessory Uses and Structures
Allowed", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
(C) Accessory Uses and Structures Allowed: The
following types of use are allowed when a part of, or
accessory to, the principal use:
(1) Parking lots
(2) Restrooms, rest areas
(3) Interpretative trails
(4) Golf course clubhouse, pro shop, maintenance
buildings
(5) Lifeguard stands, headquarters and necessary
support facilities
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 15-93
,f /
CITY COMMISSION DOCUMENTATION
TO: /~VID T. HARDEN, CITY MANAGER
THRU: ~D~r~ID J. KOVACS, DIRECTOR
DEPARTMENT O~PLANNING AND ZONING
SUBJECT: MEETING OF JANUARY 26, 199~'
FIRST READING~ ORDINANCE AMENDING LDRs SECTION
4.4.22(C)~ ADDING "LIFEGUARD HEADQUARTERS" AS A
PERMITTED ACCESSORY USE WITHIN THE OS (OPEN SPACE)
ZONING DISTRICT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading, of an ordinance modifying the
City's Land Development Regulations (LDRs).
The affected Section is:
* 4.4.22(c): Open Space District--Accessory Uses and
Structures Allowed
BACKGROUND:
This requested change came about as a result of the recent
rezoning of the City's beach area parks from CF (Community
Facilities) to OS (Open Space). The rezonings were initiated to
address concerns expressed by the Beach Property Owner's
Association that activities of a commercial nature could be
established at those parks under the CF zoning. The range of
uses and structures permitted under the OS zoning is limited,
and would not currently accommodate a lifeguard station planned
for Sandoway Park. The proposed amendment adds lifeguard
stands and headquarters as a permitted accessory use.
Please refer to the Planning and Zoning Board Staff Report for
more detail.
City Commission Documentation
First Reading, Ordinance Amending LDRs 4.4.22(C)
Allowing Lifeguard Headquarters in the OS District
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at a
Special Meeting held on January 11, 1993. Sandra Almay of the
Beach Property Owner's Association addressed the item. Ms.
Almay was concerned that the proposed language "Lifeguard
stands, headquarters and associated support facilities" was too
broad, but supported the amendment when the word "associated"
was changed to "necessary."
The Board then forwarded the item with a recommendation of
approval on a 5-0 vote (Currie and Felner absent).
RECOMMENDED ACTION:
By motion, approval on first reading of an amendment adding the
following language to Section 4.4.22(C), Open Space (OS)
District, Accessory Uses and Structures Allowed:
(5) Lifequard stands~ headquarters and necessary support
facilities.
Attachments:
* Ordinance by others
* P&Z Staff Report & Documentation of January 11, 1993
DD\T:CCOSLG.DOC
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OFt JANUARY 11, 1993
AGENDA ITEMI II.C.8. TEXT AMENDMENT - AMENDING ACCESSORY USES
AND STRUCTURES ALLOWED WITHIN THE OS (OPEN SPACE)
DISTRICT
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation to the City Commission on a proposed text
amendment to allow Lifeguard Facilities as a permitted
accessory use i~ the OS (Open Space) zoning district
[Section 4.4.22(C)].
BACKGROUND:
This amendment is being requested a s a result of recent changes
in zoning from CF (Community Facilities) to OS (Open Space) for
the beach parks. The zoning change was initiated at the request
of the Beach Property Owners' Association (BPOA), whose members
were concerned about the potential for commercial activities
being established at the beach parks. It affected Atlantic
Dunes Park, Sandoway Park, Ingraham Avenue Park, Anchor Park,
and the N. Ocean Boulevard Parking lot.
While accommodating the desires of the BPOA, the rezoning did
create one know problem. The Parks and Recreation Department
has identified a need to provide a lifeguard station
(headquarters) at Sandoway Park. The lifeguard headquarters
would consist of offices, meeting rooms, locker rooms and
storage of marine safety equipment. Lifeguard stations and
headquarters are currently not listed as a permitted use in the
OS district. Thus, the reason for this proposed text amendment.
Analysis:
The range of uses and structures permitted in the OS zoning
district is limited. Parks, cemeteries, water bodies, and
similar open areas are allowed as principle uses. Accessory
uses and structures allowed include parking lots, restrooms,
interpretative trails, and golf course clubhouses with
associated proshop and maintenance buildings. There are no
specific provisions which allow for the already existing
lifeguard stands and/or necessary lifeguard support facilities.
Lifeguard stations and headquarters are essential facilities for
beach personnel, and are an appropriate accessory use at beach
parks. It is appropriate to list them as being specifically
permitted.
P&Z Memorandum Staff Report
Text Amendment - Amending Accessory Uses & Structures
Allowed within the OS (Open Sapce) District
Page 2
RECOMMENDED ACTION:
By motion, recommend to the City Commission that the accessory
uses and structures allowed within the OS zoning district
Section 4.4.22(C) be amended to include lifeguard stands and
lifeguard headquarters and their necessary support facilities.
Attachments:
* Proposed Text Change
Report prepared by: JaDgt Men,F, Planner II
Reviewed by DJK on:
JM/LIFEGRD.DOC
TEXT AMENDMENT TO OS ZONING DISTRICT FOR
ACCESSORY USES AND STRUCTURES ALLOWED
Section 4.4.22
(C) Accessory Uses and Structures Allowed: The following
types of use are allowed when a part of, or accessory to, the
principal use:
(1) Parking lots
(2) Restrooms, rest areas
(3) Interpretative trails
(4) Golf course clubhouse, proshop, maintenance
buildings
(5) Lifequard stands~ headquarters and necessary
suDDort facilities.
REF:T:PZOSTEXT
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM ~/~-MEETING OF JANUARY 26, 1993
ORDINANCE NO.
15-9'3
DATE: JANUARY 22, 1993
This is first reading of an ordinance which amends Section
4.4.22 (Open Space District) of the Land Development Regulations
by adding "Lifeguard stands, headquarters and necessary support
facilities" as a permitted accessory use within the OS District.
It came about as a result of the recent beach area parks
rezonings from CF (Community Facilities) to OS (Open Space). A
lifeguard stand is planned for Sandoway Park and would not be
accommodated under the existing ordinance.
The Planning and Zoning Board formally reviewed this item on
January 11, 1993, and forwarded a recommendation of approval (5-0
vote; Currie and Felner absent).
Recommend approval of Ordinance No. 15-93 on first reading.
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A PUBLIC HEARING will ~ ~1~ ~ ORDINANCES OF THE CITY OF
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TIONS OF THE CODE OF OROI-
AN ORDINANCE OF THE CITY COM- NANCES OF THE CITY OF OELRAY
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BEACH, FLORIDA, ~ENDING SEC. ~VfNG C~USE, A GENERAL
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ager of The News, daily newspapers pub- REPEAL'NoTHE CITY OF DELRAYsuB.SUBSECTioNBEACH BY
lished in Boca Baton in Palm Beach County, ...,,c.~,, '"A"NER SIGNS A"O AN OROINANCE OF THE CITY COM-
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ment was published in said newspapers in ..owo~ ~0. T.E ..OHI.fTIO. T,O.r. ~O.,NG
OF BANNER SIGNS ANO WINO SUBSECTION 4,&9(E),
SIGNS; BY ENACTING A NEW OF PARKING SPACES', OF THE
'F~G~, TO PROVlOE FOR FLYtNG TIONS OF THE CODE OF OEDI-
T~ F~GS TO ADVERTISE OPEN NANCES OF THE CITY OF OELRAY
HOUSES OR APARTMENTS, FOR BEACN, FLORiOA, BY ~ENOING
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Affiant further says that The News is a ANEFFECTIV~TE.
newspaper published in Boca Baton, in said ~'m S"~ETI~' '~)SE~IO"oIST"IC~,'4'~ su~c.
Palm Beach County, Florida, Monday A.O.o,.~.CtO~..EC,~C~ ~:~C~,~.~'~.O~V~
through Sunday, and has been entered as ,.o, ~.15 OF THE CO~ OF OROI. Cl~ ~ ~LRAY B~CH, FLORI-
second class matter at the post office in .E~CT,~ ~ THE .U~.E. O~ $.~ .~U*RTE~
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PR~IDI~ A GENERAL RE~L.
for a period of one year next preceding the ..~E" ..c~us~'~cr,~* ~v,.~...~. c~u~.
first publication of the attached copy of ~,. ~~~
advertisement; and affiant further says that ~. ~o,.~ o~ T.~ c,,, ~
he has neither paid nor promised any ~,~ o~ ~E C,T, O~ ~, ,. ~E ~ ,.E C,,, C~
TICU~RLY OE~RIBED HEREIN, TIOga, SECTION
rebate, commission or refund for the put- ~"~ ~ (P~NNEO C~R- ~VELOPMENT STANDAR~ ~-
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pose of securing this advertisement for pub- ~U.~T,V. C~E.ClAL) O1. ~.T .EGU~TIO.S O. THE
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lication in said newspapers. .. "'G"'AY, ~T" ~ El"TO" O~ TO RE"~' TH~
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Sworn to and subscribed before me this ,,t u.o ~vEm~t., .tO~ .,, ~. ~,. ~ ~
A~D AN EFFECTIVE ~?E. F.S. ~.
t AX ~DINA~E ~ THE CI~ C~ C~ Cl~
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