54-93 ORDINANCES
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ORDINANCE NO. 54-93
AN ~RDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 4.4.21, "COMMUNITY
FACILITIES (CF) DISTRICT", SUBSECTION (B), BY ADDING
"CEMETERIES" AS A PRINCIPAL USE; BY AMENDING SECTION
4.4.22, "OPEN SPACE (OS) DISTRICT", SUBSECTION (B),
BY DELETING "CEMETERIES" 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 subject matter at its meeting of August 16,
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 4.4.21, "Community Facilities
(CF) District", Subsection 4.4.21(B), "Principal Uses and Structures
Allowed", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended by
adding the following text:
(6) Cemeteries
Section 2. That Chapter 4, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.22, "Open Space (OS)
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, is hereby amended to read as follows:
(B) Principal Uses and Structures Permitted: The
following types of use are allowed within the OS District
as a permitted use:
(1) Parks, public or private
(22) Water bodies and/or water management tracts
within development projects
(3~) Excess parcels located along the Interstate
Highway System, canals, and similar parcels
which should be retained for open space and
aesthetic purposes
(~) ~lf courses, public or private
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances which are
in conflict herewith are hereby repealed.
Section 5. That this ordinance shall become effective
i~ediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the 14th day of Septe~er , 1993.
ATTEST:
Acting City Clerk
First Reading Auqust 24, 1993
Second Reading September 14, 1993
- 2 - Ord. No. 54-93
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~l
SUBJECT: AGENDA ITEM $ I0~ - MEETING OF SEPTEMBER 14. 1993
ORDINANCE NO, 24-93
DATE: September 10, 1993
This is the second reading of an ordinance amending the Land
Development Regulations by amending Section 4.4.21 "Community
Facilities (CF) District", Subsection (B), by adding "Cemeteries" as a
principal use; and by amending Section 4.4.22, "Open Space (OS)
District", Subsection (B), by deleting "Cemeteries" as a principal
use.
This request is being made in conjunction with an inquiry regarding
establishment of a privately owned and operated cemetery at the site
which was formerly intended for use as Middle School "H". The site is
currently owned by the Palm Beach County School Board, but is being
offered to a private party as part of the negotiations for another
school site.
This site was previously designated as single family residential on
the Future Land Use Map and zoned R-1AA. Subsequently, the land was
assigned a Future Land Use Designation of Mixed Use - Community
Facilities and Open Space. With the adoption of the Land Development
Regulations the site was rezoned to CF; and later, with the adoption
of Plan Amendment 90-1, the Future Land Use Designation was changed to
Medium Density Residential.
While the property has the potential for residential development under
the existing land use, that potential is limited by traffic
concurrency problems on Lake Ida Road and by limited access to the
site.
The CF district currently allows uses which are generally public and
semi-public in nature, such as government and community centers and
facilities, parks and recreation facilities and service-oriented
centers. While cemeteries are not specially addressed, they are
consistent with the CF Purpose and Intent Statement.
The Community Redevelopment Agency reviewed this request at it August
12th meeting and did not object. At their August 16th meeting the
Planning and Zoning Board recommended approval.
At the August 24th regular meeting, Ordinance No. 54-93 passed on
first reading with a 4-1 vote (Mr. Randolph dissenting).
Recommend approval of Ordinance No. 54-93 on second and final reading.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ /~ - MEETING OF AUGUST 24. 1993
ORDINANCE NO. 54-93
DATE: August 20, 1993
This is the first reading of an ordinance amending the Land
Development Regulations by amending Section 4.4.21 "Community
Facilities (CF) District", Subsection (B), by adding "Cemeteries" as a
principal use; and by amending Section 4.4.22, "Open Space (OS)
District", Subsection (B), by deleting "Cemeteries" as a principal
use.
This request is being made in conjunction with an inquiry regarding
establishment of a privately owned and operated cemetery at the site
which was formerly intended for use as Middle School "H". The site is
currently owned by the Palm Beach County School Board, but is being
offered to a private party as part of the negotiations for another
school site.
This site was previously designated as single family residential on
the Future Land Use Map and zoned R-IAA. Subsequently, the land was
assigned a Future Land Use Designation of Mixed Use - Community
Facilities and Open Space. With the adoption of the Land Development
Regulations the site was rezoned to CF; and later, with the adoption
of Plan Amendment 90-1, the Future Land Use Designation was changed to
Medium Density Residential.
While the property has the potential for residential development under
the existing land use, that potential is limited by traffic
concurrency problems on Lake Ida Road and by limited access to the
site.
The CF district currently allows uses which are generally public and
semi-public in nature, such as government and community centers and
facilities, parks and recreation facilities and service-oriented
centers. While cemeteries are not specially addressed, they are
consistent with the CF Purpose and Intent Statement.
The Community Redevelopment Agency reviewed this request at it August
12th meeting and did not object. At their August 16th meeting the
Planning and Zoning Board recommended approval.
Recommend approval of Ordinance No. 54-93 on first reading. If passed
public hearing September 14th.
CITY COMMISSION DOCUMENTATION
TO: /~DA~D T. HARDEN, CITY MANAGER
FROM:~, ErA~TID J. KOVACS, DIRECTOR
· ~-B~PARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF AUGUST 24, 1993
FIRST READING, L.D.R. AMENDMENT ADDITION "CEMETERIES"
TO THE C.F. DISTRICT~ DELETING FROM THE O.S. DISTRICT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance which amends the
Land Development Regulations (LDRs).
The amendment will:
ADD "cemeteries" as a principal use in the Community
Facilities (C.F.) Zone District; and,
DELETE "cemeteries" from the list of principal uses in the
Open Space (O.S.) Zone District.
BACKGROUND:
In response to an inquiry about the potential for establishing a
cemetery on property currently zoned C.F., it was determined
that the use was not accommodated in that zone district (it is
accommodated in the O.S. District). It was also noted that the
municipal cemetery is currently zoned C.F.; thus, it is a
non-conforming use!
Because of the above situation, the staff took the matter before
the Planning and Zoning Board and sought a "determination of
similarity of use" which would accommodate a cemetery as a
principal use in the C.F. Zone District.
Please refer to the attached Planning and Zoning Board staff
report for more information as to how the non-conforming
situation with the municipal cemetery came about; and, for
general information about the land use inquiry.
City Commission Documentation
First Reading, L.D.R. Amendment Addition "Cemeteries" to the
C.F. District, Deleting from O.S. District
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of August 16th. After a thorough discussion of the
confusion in the LDRs, the Board was supportive of adding
"cemeteries" to the C.F. District but declined to use the
"similarity of use" process.
Instead, the Board recommended on a 6-0 vote, that the City
Commission ADD the use of "cemetery" [as Section 4.4.21(B)(6)]
to the C.F. District and to DELETE that use from the Open Space
Zone District [(4.4.22(B)(2)].
During the Board's deliberation there was discussion about the
potential for establishing a cemetery on former school site "HH"
(Davis Road area). Concerns focussed not upon the use, but upon
the site treatment, buffering, and security. Such issues would
be addressed through the site plan review process (SPRAB) when,
and if, a specific land use application comes forward.
RECOMMENDED ACTION:
By motion, approval of this LDR Amendment Ordinance on first
reading.
Attachment:
* P&Z Staff Report & Documentation of August 16, 1993
DJK/CCCEMTRY
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: August 16, 1993
AGENDA ITEM: V.B. DETERMINATION OF SIMILARITY OF USE: CEMETERY
(PRIVATE) AND ACCESSORY BUILDINGS UNDER CF ZONING
ITEM BEFORE THE BOARD:
The item before the Board is a determination of similarity
of use, pursuant to LDR Section 4.3.2(C)(2).
The request is that "Cemeteries" be deemed similar to other
uses allowed as permitted uses in the CF (Community
Facilities) zoning district.
BACKGROUND:
This request is being made in conjunction with an inquiry
regarding establishment of a privately owned and operated
cemetery at the site which was formerly intended for use as
Middle School "H." The site is currently owned by the School
Board of Palm Beach County, but is being offered to a private
party as part of the negotiations for another school site.
School Site "H" History:
The site was previously designated as single family residential
on the Future Land Use Map and zoned R-1AA. In November 1989,
the property was assigned a Future Land Use Designation of Mixed
Use - Community Facilities and Open Space. In October 1990, the
site was rezoned CF (Community Facilities), as part of the
Cltywide rezoning and adoption of the Land Development
Regulations. With Amendment 90-1, the site was assigned a Future
Land Use Designation of Medium Density Residential, while the
zoning remained CF.
While the property has the potential for residential development
under the existing land use, that potential is limited by traffic
concurrency problems on Lake Ida Road, and by the limited access
to the site. The prospective owner has suggested that a cemetery
as a possible use for the property, given those limiting
conditions.
Municipal Cemetery Zoninq History:
Prior to 1990, the Municipal Cemetery was zoned R-lA, Single
Family District. Cemeteries were not allowed in the R-lA
district at that time, however, they were listed as a permitted
use in the CF zone. With the Cltywide rezonings in 1990, the
Municipal Cemetery was rezoned to CF. This action was intended
to make the use a confor~[ng one, however, with. the adoption of
the new LDRs, the use was deleted from the CF zone and was
included in the Open Space (OS) zone district. Thus, the
Municipal Cemetery remains a non-conforming use.
¥oB.
P&Z Memorandum Staff Report
Similarity of Use--Cemetery in CF zoning
Page 2
ANALYSIS:
The CF district currently allows uses which are generally public
and semi-public in nature, such as government and community
centers and facilities, parks and recreation facilities, and
service-oriented centers. In addition, there are several
conditional uses which can be established in CF, such as ACLFs
and nursing homes, churches, hospitals, and private parking lots
(see attached CF District regulations for full list of uses).
While cemeteries are not similar to these uses in terms of
function or intensity, there are certain factors which make the
use appropriate in the district.
The CF Purpose and Intent statement indicates that the district
is intended for "uses which serve public and semi-public
purposes." Such purposes include governmental uses, churches,
educational, service, and institutions. Cemeteries are
consistent with that stated purpose.
Another factor is that cemeteries are a permitted use in the OS
(Open Space) district which, in general, permits uses which are
far less intensive than those allowed in CF. The OS district is
intended for uses which are to be uses primarily in an open space
manner, such as golf courses, parks, water bodies, and
cemeteries. While the OS District may be the most appropriate
zoning for a cemetery, it is not necessary that the use be
limited to that zoning district only.
REVIEW BY OTHERS:
The CRA Board reviewed this request at its meeting of August
12th. The board had no objections to the proposed finding.
Courtesy Notices have sent to the following homeowners
associations and neighborhood organizations:
* Helen Coopersmith * Art Jackel
PROD United Property Owners
& Rainberry Bay
* Joseph Narrow * Bernie Berkowitz
Chatelaine Rainberry Lakes
* Bob Penn * Thomas Mook
Pines of Delray North Sudan
* Joan Rainford * Jack Kellerman
Delray Shores High Point
Letters of objection, in any, will be presented at the meeting.
P&Z Memorandum Staff Report
Similarity of Use--Cemetery in CF zoning
Page 3
ALTERNATIVE ACTIONS:
If through its consideration of this item, the Board determines
that the use "Cemetery" is not similar to other uses allowed in
the CF zone, but is nonetheless an appropriate use in the
district, it can elect to initiate a text amendment adding
"Cemetery" to the permitted uses in CF. If the Board determines
that the use is neither similar nor appropriate in CF, it should
initiate a zoning change to OS for the Municipal Cemetery, in
order to make that facility a conforming use. Thus, the
alternative actions are as follows:
1. Deny a determination of similarity of use, and initiate a
corrective rezoning of the Municipal Cemetery to OS.
2. Deny a determination of similarity of use and instead
initiate a text amendment to LDR Section 4.4.21(B), adding
cemeteries to the CF district as a permitted use.
3. Make a determination that by virtue of its similarity to
other uses permitted in the CF district, cemeteries can be
permitted in the district without any change to the
regulations.
RECOMMENDED ACTION:
Initiate a text amendment to LDR Section 4.4.21(B)(2)(d) to add
cemeteries to the listed permitted uses in the CF district.
Attachments:
* CF zoning district regulations
* Location Map
Report prepared by: Jeff Perkinst Planning Technician
Reviewed by DJK on: August 11~ 1993
JP/T~SITEH.DOC
Section 4.4.21
Section 4.4.21 Community Facilities (CF) District:
(A) Purpose and Intent: The Community Facilities (CF
District is a special purpose zone district primarily intended
for facilities which serve public and semi-public purposes. It
is also applied to regulated properties subjected to a transfer
of development rights. Such purposes include governmental uses,
churches, educational, service, and institutions. The CF District
is deemed compatible with ~11 land use designations shown on the
Future Land Use Map.
(B) Principal Uses and Structures Allowed: The following
types of use are allowed within the CF District as a permitted
use:
(1) Governmental facilities 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.
(2) Community facilities such as: civic centers,
community centers, community theatre, cultural facilities and
auditoriums, arts and crafts centers, libraries, museums,public
parking lots, parking garages.
(3) Parks and recreation facilities such as: community
centers, parks, ballfields, tennis centers, swimming centers,
golf courses which are open to the public.
(4) Service oriented facilities such as: Abused Spouse
Residences, Child Care Centers, Day Care Centers, Group Homes
Levels I and II.
(5) Restricted usage allowed pursuant to an ordinance
enacted to sever developments rights under a Transfer of
Developments (TDR). (See Section 4.6.20).
(C) Accessory Uses and Structures Permitted: The following
uses are allowed when a part of, or accessory to, the principal
use:
(1) Parking lots and garages
(2) Service and Refuse Areas
(3) Cafeterias, snack bars, restaurants, exercise
facilities, etc., when contained in the same structure as the
principal use.
(D) Conditional Uses and Structures Allowed: The following
uses are allowed as conditional uses:
4468
Section 4.4.20 (D)
(1) Adult Congregate Living, Continuing Care, Homes
for the Aged, and Nursing Home Facilities.
(2) Substance Abuse Treatment Facilities.
(3) 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., patronages).
(4) Educational facilities either public or private
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.
(5) Group Homes, Level III.
(6) Hospitals, with or without helipads and associated
laboratories, treatment centers, rehabilitation centers, and
testing facilities.
(7) Mental Health Treatment Facilities including
residential care.
(8) Privately operated parking lots and garages
(9) Refuse Transfer Stations
(10) Stadiums and arenas
(11) Transportation stations and terminals such as bus
stations, railway stations, taxi dispatch (more than one taxi).
(12) Utility Facilities such as power transfer stations
(E) Review and Approval Process:
(1) In established structures, uses shall be allowed
therein upon application to, and approval by, the Chief Building
Official for a certificate of occupancy.
(2) For any new development, approval must be granted
by the Site Plan Review and Appearance Board pursuant to Sections
2.4.5(F), 2.4.5(H), and (I).
(3} Conditional uses must be approved pursuant to
Section 2.4.5(E}.
(F) Development Standards: The development standards as
set forth in Section 4.3.4 shall apply.
4469
Sectlon 4.4.21 (F)
(F) Development Standards: The development standards as
set forth in Section 4.3.4 shall apply.
(G) Supplemental Dlstrlct Requlat~ons: The supplemental
district regulations as set forth in Article 4.6 shall apply
except ~s modified and added pursuant to the following:
(1) Outside storage may be allowed only in rear yards
and then only when screened from view from adjacent properties
and public rights-of-way in a manner approved by the Site Plan
Review and Appearance Board.
(H) Special Requlations:
(1) Within the front yard setback and any street side
setback area, the first ten feet (10') abutting the right-of-way
shall be a landscaped area within which no paving shall be
allowed except for driveways and walkways leading to structures
on the premises. Such driveways and walkways shall be generally
perpendicular to the property line. On lots with a depth greater
than three hundred feet (300'), the front yard landscape area
shall be fifteen feet (15') in depth.
4470
LAK(:
FORM[II ¥1DIX.[ SCHOOl. SIT[
TI.A
A PUBLIC HEARING will t~e heNI o~
· e following i~oosed Ordinances
sKh m~ti~ ~ich is ~t ~y ~ Com'
1~, in ~ C~ comm~
pr~ ~dina~fl ~y ~ in~
at t~ ~ice M ~ C~ Cl~k ~t
Be~, FI~, from I:~ A.M. e s:~
P.M., ~ay ~ Friday, exc~
~lidays AH int~t~ ~ ~e
Monday through Sunday ,~ ,ORDINANCE OF THE CITY CO~
Boca Baton, Palm Beach County, Florida ~tss~o, oF THE CITY OF OELRAY
BEACH, FLORIDA, REZONING AND
Delray Beach. Palm Beach County, Florida PLACING ~ND ~ESENTLY
zo. Eo ~a ~EmU~
RESIDENTIAL) DISTRICT IN THE
PRD (P~NNEO RESIDENTIAL DE-
VELOPMENT) DISTRICT; SAID
STATE OF FLORIDA T.ACTS A ANO B, '~ DEL BEY,
COUNTY OF PALM BEACH ~0 OE~ cE., eu~ . A, AS
SCRIBED HEREIN; ~N5 ~EN~
Before the undersigned authority persona ,A, BEACH,F[ORI0A, '~;
VIDING A GENERAL REPEALER
appeared Nancy Smith, Inside Sales Man- c~us~, A SAVING CLAUSE, A,D
ager of The News, daily newspapers pub- AN EFFECTIVE DATE.
lished in Boca Baton in Palm Beach County, ANMisS,O. oFORDINANCETHEOFoTyTHE~CITY~LRkY
Florida; tha~ the attached copy of advertise- ~AC., ~0mo~,
CHAPTER ~, 'ZONING REGU~
merit was published in said newspapers in T,O~,, SECTION 4.4.13, ~ENTRAL~
~usm~ss ~cao~ ms~mCT', SU~
tho issues of: ~tc~0~ ~ 0~ ,~ ~ ,~.
~ TABLISHMENT~ OR 'FACILITIES
' FOR VEHICLES' AS A CONDITION-
~ - AL USE WITHIN THE ZONE DI~
TRICT, SUBJECT TO A L~ATIO~
AL RESTRICTION; PROVIDING A
SAVING C~SE, k GENERAL RE-
PEALER C~USE, AND AN EFFEC.
TIVE OATE,
AN ORDINANCE OF THE CITY C~
Affiant further says that The News is a MISSION OFTHECITYOFDELRAY
a~.c., ~0~., A~e~m~ c0~.
nowspapor publishod in Boca Baton, in said ,~,~'~u~0 ~t~*~t
Palm Beach County, Florida, Monday ~.TS'0"s O~C~.~.E.S~V~T.~ ~ OOV~
NtNG AND ~O ~VELOP~ENT
through Sunday, and has been entered as REOU~TION ACW, FLORIDA
second class matter at the post office in T..0UO. ~.=~, ,.c:us,vE;
Boca Baton. Palm Beach County. Florida, sc.,,~o i. EX.ISIT CA'
fo~ a po~iod of ono yoa, noxt p~oeoding tho ~ ~. ~ ~co~.
RATED HEREIN BY REFERENCE;
first publication of the attached copy of GENERALPROVIDING AREPEALERSAVING CLAUSE,c~UsE,A
advertisement; and affiant further says that A.~. EFFE~IVE DATE.
he has noighe~ paid no~ p~omisod any
AN ORDtNANCE ~ THE CITY C~
person, firm or corporation any discount, MISSION OF THE OTY OF DELRAY
BEACH, FLOR~O~ A~PTJNG A
~obago, commission o~ ~ofund fo~ gho pu~- ~wo~,OA[ZOm~O~;
pose of securing this advertisement for pub- ..~0~; ~.0v,0,.o A
A~ ~E~A~ C~USE, A ~V,.~
lication in said newspapers. C~US~,DA,E. AND AN EFFECTIVE
CODE OF ORDINANCES OF THE
CITY OF DELAY? BEACH, FLOR~-
'co~u.,~ ~c~u~s ~c~
Sworn to and subscribed before me this TR~', SUBSECTI~ {e), BY' AO~
~E~ETERIES' AS A PRINCI-
USE; SY ~ENDING SECTION
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