Ord 17-98ORDINANCE NO. 17-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4 . 4 . 6,
"MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT" ,
SUBSECTION 4.4 . 6 (D) , "CONDITIONAL USES AND
STRUCTURES ALLOWED" , OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, TO ALLOW
PRIVATE BEACH CLUBS WITH ATTENDANT RECREATIONAL,
DINING AND RELATED ACCESSORY FACILITIES WITHIN THAT
PORTION OF THE RM ZONING DISTRICT LOCATED SOUTH OF
ATLANTIC DUNES PARK AND EAST OF STATE ROAD A1A, AS
A CONDITIONAL USE; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING 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
on March 16, 1998, and forwarded the change with a unanimous
recommendation of approval; 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
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 Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.6, "Medium Density
Residential (RM) District", Subsection 4.4.6(D), "Conditional Uses
and Structures Allowed", of the Land Development Regulations of the
City of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
(D)
fol lowing uses
District:
Conditional Uses and Structures Allowed. The
are allowed as conditional uses within the RM
(1) Adult Congregate Living Facilities and Continuing
Care Facilities
(2) Alcohol and Drug Abuse Treatment Facilities
(3) Child Care and Adult Day Care
(4) Educational Facilities subject to
restrictions set forth in Section 4.3.3(HH)
the
(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)
line developments
Single Family Detached Residences in zero lot
(9) Group Homes, Level III
(10) Yacht Club with facilities
(11) Dock master facilities when associated with a
multi-family development which has a marina
(12) Private beach clubs with attendant recreational,
dininq, and related accessory facilities within the area lyinq south
of Atlantic Dunes Park and east of State Road A1A
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
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 this ordinance shall become effective
immediately upon its passage on second and final reading.
- 2 - Ord. No. 17-98
PASSED AND ADOPTED in regular session on second and final
reading on this the 5th
ATTEST:
/City Cl~rk t
day of
May . J , 1998.
First Reading April 21, 1998
Second Reading May 5, 1998
- 3 - Ord. No. 17-98
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY M_h2qAGER~
AGENDA ITEM # 10~ - REGULAR MEETING OF MAY 5, 1998
ORDINANCE NO. 17-98 (PRIVATE BEACH CLUBS
CONDITIONAL USE IN THE RM ZONING DISTRICT)
AS A
APRIL 29, 1998
This is second reading and the second public hearing for
Ordinance No. 17-98 which amends LDR Section 4.4.6, "Medium
Density Residential (RM) District", by adding private beach clubs
and their attendant facilities as a conditional use, subject to
locational restrictions.
The Delray Beach Club is located south of Linton Boulevard on the
east side of State Road A1A and is zoned RM. The club wants to
expand its existing restaurant and add a free standing snack bar.
Since the use is non-conforming under current regulations, the
applicant requested a text amendment to allow private beach clubs
as a conditional use in the RM zoning district; specifically,
"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".
The Planning and Zoning Board held a public hearing on this item
on March 16, 1998. There was no public testimony, and the Board
voted unanimously to recommend approval of the proposed LDR
amendment. At first reading on April 21, 1998, the Commission
passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 17-98 on second and final
reading, based upon the findings and recommendation of the
Planning and Zoning Board.
ref:agmemo7
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER
DEPARTMENT OF PLANNING AND ZONING
~KS, SENIOR PLANNER
MEETING OF APRIL 21, 1998
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRS) TO
ALLOW PRIVATE BEACH CLUBS AS A CONDITIONAL USE IN THE RM
(MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) ZONE DISTRICT
The item before the Commission is approval to amend LDR Section 4.4.6 (D) to add Private
Beach Clubs as a Conditional Use in the RM (Multiple Family Residential- Medium Density)
zone district.
Delray Beach Club is located south of Linton Boulevard on the east side of A-lA and is zoned
RM. The club wishes to expand its existing restaurant and add a free standing snack bar. As
the use is non-conforming under the current regulations, the applicant has requested a text
amendment to allow "Private Beach Clubs" as a Conditional Use in the RM zone district.
Additional background and an analysis of the request is found in the attached Planning and
Zoning Board Staff Report.
The Planning and Zoning Board considered the amendment at a public hearing on March 16,
1998. No one from the public spoke in favor or opposition to the changes, and the Board voted
7-0 to recommend to the City Commission approval of the proposed LDR amendment.
By motion, approve on the first reading the amendment to LDR Section 4.4.6(D) to add,
"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 A-I-A" as a Conditional Use
in the RM zone district.
· Attachments: P&Z Staff Report and Documentation of March 16, 1998, Ordinance by
Others
/0 .A .
MEETING OF: MEETING OF MARCH 16, 1998
AGENDA ITEM: IV.E.
AMENDMENT TO LDR SECTION 4.4.6(D) TO ALLOW
PRIVATE BEACH CLUBS AS A CONDITIONAL USE IN
THE RM (MULTIPLE FAMILY RESIDENTIAL) ZONE
DISTRICT
The item before the Board is that of making a recommendation to the City Commission
to amend LDR Section 4.4.6 (D) to add Private Beach Clubs as a Conditional Use in
the RM (Multiple Family Residential- Medium Density) zone district.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development
Regulations may not be made until a recommendation is obtained from the Planning
and Zoning Board.
On January 28, 1998, the Planning and Zoning Department received a request from
The Delray Beach Club to amend the LDRs to add private beach clubs as a
Conditional Use in the RM zone district, pursuant to the following language:
"Private beach clubs with or without attendant recreational and/or dining facilities
on properties with a minimum land area of two acres lying south of Atlantic
Dunes Park and east of State Road A lA".
The Delray Beach Club is located south of Linton Boulevard on the east side of A-1-A
and is zoned RM. The request is to accommodate an expansion to an existing
restaurant and addition of a free standing snack bar. As the use is non-conforming
under the current regulations, the proposed modifications are not permitted.
I
The Delray Beach Club was established in 1969, after obtaining Conditional Use and
site plan approval by the City Commission. At that time, "clubs" were allowed as a
conditional use in the various multiple family zoning districts. The site was developed
P&Z Board Memorandum Staff Report
Amendment to LDR Section 4.4.6(D) to Allow Private Beach Clubs as a
Conditional Use in the RM Zone District
Page 2
per its approved site plan and currently contains a restaurant, pool, cabanas, and
associated parking.
In 1990, with the Citywide Rezoning associated with the approval of the Land
Development Regulations, the Conditional Use language in the RM zone district was
changed to read: the use of common recreational facilities such as swimming pools,
tennis courts, and golf courses (associated with a subdivision) for club or commercial
purposes. The Delray Beach Club operates independently of any residential
development or subdivision, and therefore became a non-conforming use.
Currently, there are three known privately operated beach clubs in the City, all of which
are located east of A-lA. These include: The Seagate Beach Club, the Colony Beach
Club, and Delray Beach Club. The applicant is suggesting that beach clubs be limited to
parcels containing at least 2 acres in size and which are located east of A-lA, south of
Atlantic Dunes Park.
The predominant zoning districts along the City's coastline east of A-1-A and north of
Atlantic Dunes Park, are Single Family (R-1 districts) and Open Space (OS) with a few
pockets of multiple family districts (refer to the attached map). All of the properties
located south of Atlantic Dunes Park are zoned RM.
The existing land uses south of the park include older hotels/time shares, high density
multiple family developments, and two private beach clubs (Colony and Delray Beach
Club). The Seagate Beach Club is located east of A-lA, however it is a considerable
distance north of Atlantic Dunes Park and abuts a single family zoning district (RI-
AAA). From a compatibility and land use stand point, it seems reasonable to limit
private beach clubs to the geographical area proposed by the applicant (i.e. south of
the Atlantic Dunes Park).
As mentioned above, the use of common recreational facilities such as swimming
pools, tennis courts, and golf courses (associated with a subdivision) for club or
commercial purposes is listed as a Conditional Use in the RM zone district. A club as
defined by the LDRs is a building or facility owned or operated by an association,
corporation, person, or persons, for an educational, recreational, or social purpose, and
to which membership is required for participation, but not primarily for profit or to render
a service which is customarily restricted to members and their guests.
Private beach clubs fit the definition of "clubs", but clubs are currently not allowed as a
stand alone use in the RM zone district. The potential impacts with respect to level of
service standards, and issues relating to compatibility would be the same whether a
club is associated with or without a subdivision and would be subject to the same
required findings i.e. that the club will not have a significantly detrimental effect upon
the stability of the neighborhood within which it will be located, and that it will not hinder
P&Z Board Memorandum Staff Report
Amendment to LDR Section 4.4.6(D) to Allow Private Beach Clubs as a
Conditional Use in the RM Zone District
Page 3
development or redevelopment of nearby properties. The Board may also impose
conditions to further compatibility with adjacent properties.
Pursuant to LDR Section 2.4.5 (M) Amendments. the Board must make a finding
that the proposed text amendment is consistent and furthers the Goals,
Objectives and Policies of the Comprehensive Plan. A review of the objectives
and policies of the adopted Comprehensive Plan was conducted and the
following applicable policies were found.
Future Land Use Element:
Policy C-3.4: The City's Coastal Area is one of its most valuable resources in
terms of economic attraction, recreation, and natural beauty. While action is
appropriate to capitalize upon the economic benefits of this resource
commercialization and promotion shall not occur to such an extent that they
diminish this beach resource.
Private beach clubs are a recreational use that can provide good economic benefits to
the City, and allow additional public access to an otherwise private beach. The
intensity of private beach clubs can be controlled through the Conditional Use process,
through which limitations can be placed on the types of activities provided, hours of
operation, number of memberships, etc.
Coastal Management Element:
Objective C-3:
The development of vacant and under-developed land on the barrier island shall
occur in a manner which does not change the character, intensity of use, or
demand upon existing infrastructure in the Coastal Planning Area, as dictated in
the following policies:
Policy C-3.2: There shall be no change in the intensity of land use within the
barrier island and all infill development which does occur shall connect to the
City's storm water management system and sanitary sewer system.
P&Z Board Memorandum Staff Report
Amendment to LDR Section 4.4.6(D) to Allow Private Beach Clubs as a
Conditional Use in the RM Zone District
Page 4
Objective D-2:
There shall not be any development upon the barrier island which shall reduce
hurricane evacuation time beyond its present level or which shall lower the level
of service at the intersection of SR A-lA and Atlantic Avenue; George Bush
Boulevard and SR A-lA; or at Linton Boulevard and SR A-lA.
The upgrading of existing beach club facilities or the establishment of new clubs will not
affect hurricane evacuation times on the barrier islands. Hurricane evacuation times
are primarily impacted by the number of dwelling units as residents attempt to leave the
area for safer accommodations.
I
The applicant is requesting that "Private beach clubs with or without attendant
recreational and/or dining facilities on properties with a minimum land area of two acres
lying south of Atlantic Dunes Park and east of State Road A lA" be added to the RM
zone district as a Conditional Use. As outlined in this report it seems reasonable to limit
beach clubs to the requested geographical area based on existing land use patterns,
and that clubs are already allowed in the RM zone district when part of a subdivision.
The proposed amendment appears to be consistent with the Goals, Objectives and
Policies of the Comprehensive Plan, and does not diminish them. It does not seem
necessary to put limitations on the land area as there are enough regulations in place to
ensure compatibility.
Staff supports the amendment to LDR Section 4.4.6 (D) to include private beach clubs
as a Conditional Use with the following changes to the language proposed by the
applicant: "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 A- 1-A ".
By Motion, recommend that the City Commission approve the amendment to LDR
Section 4.4.6 (D) to add, "Private beach clubs with attendant recreational, dining, and
related accessory facilities within the area lying south of At/antic Dunes Park and east
of State RoadA-1-A' as a Conditional Use in the RM zone district.
Attachments:
· Location Map
· Ordinance
P&Z Board Memorandum Staff Report
Amendment to LDR Section 4.4.6(D) to Allow Private Beach Clubs as a
Conditional Use in the RM Zone District
Page 5
Section 4.4.6 Medium Density Residential (RM) District:
(D) Conditional Uses and Structures Allowed: The following uses are
allowed as conditional uses in the RM district.
(12) Private beach clvb$ with attendant recreational, dining, and related
accessory, facilities within the area lying south of Atlantic Dunes Park and east of State
Road A-1-A.
Boca Raton News, Friday April 24, 1998
Legal Notices
A PUBLIC HEARING will ~e held on
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~CTION 4,~ (D), ~O~D~TIONAL
~S AND STR~TURES
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~ENT REGU~TIONS OF THE CITY
~ DELRAY BEACH TO ALLOW
~IVATE BEACH CLUBS WITH AT-
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AND RE~TED ACCE~RY FACIL-
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-CITY OF DELRAY BEACH
OTICE OF CONDITIONAL
USE CHANGE WITHIN THE
MEDIUM DENSITY
RESIDENTIAL (RM) DISTRICT
The City Commission of the City of Delmy Beach, Florida,
proposes to adopt the following ordinance:
. ORDINANCE NO. 17-98
l! DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.6,
SUBSECTION 4.4.6(D), "CONDITIONAL USES AND STRUC-
TURES ALLOWED", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, TO ALLOW
PRIVATE BEACH CLUBS WITH A,'I-rENDANT-RECREATIONAL,
DINING AND RELATED ACCESSORY FACILITIES WITHIN THAT
PORTION OF THE RM ZONING DIS.TRICT LOCATED SOUTH OF
ATLANTIC DUNES PARK AND EAST OF STATE ROAD A1A, AS A
CONDITIONAL USE; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the
purpose of accepting public .testimony regarding the proposed
ordinance. The first Public Hearing will be heid on TUESDAY,
APRIL 21, 1998, AT 7:00 P.M. (or at any continuation of such
meeting which is set by the Commission), in the Commission
Chambers at City Hall, 100 N.W. 1st Avenue,' Delray Beach,
Florida. If the ordinance is passed on first reading, a second Public
Headng will be held on TUESDAY, MAY 5, 1998, AT ?:00 P.M. (or
at any continuation of such meeting which is set by the
Commission).
All interested citizens are invited to attend the public hearings and
comment upon the proposed ordinance or submit their comments
in writing on or before the date of these headngs to the Planning
and Zoning Department. For further information or to obtain a copy
of the proposed ordinance, please contact the Planning and Zoning
Department, City Hall, 100 N.W. 1st Avenue, Deiray Beach, Florida
33~.~. (Phone 561/243-7040), between the hours of 8:00 a.m. and
5:00 p.m., Monday through Fd~lay, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO
.APPEAL ANY DECISION MADE BY THE CITY COMMISSION
WITH RESPECT .TO ANY MATTER CONSIDERED AT THESE
HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A
VERBATIM RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE
CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD.
PuRsu^ ° "'s' '
PUBLISH: Boca Raton News. CITY OF DELRAY BEACH
April 13, 1998 Alison MacGregor Harry
April 29, 1998 .City Clerk
AD ~f771011
CITY OF DELRAY BEACH
NOTICE OF CONDITIONAL
USE CHANGE WITHIN THE
MEDIUM DENSITY
RESIDENTIAL (RM) DISTRICT
The City Commission of the City of Delray Beach, Florida,
proposes to adopt the following ordinance:
ORDINANCE NO. 17-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.6,
"MEDIUM DENSITY RESIDENTAIL (RM) DISTRICT",
SUBSECTION 4.4.6(D), "CONDITIONAL USES AND STRUC-
TURES ALLOWED", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, TO ALLOW
PRIVATE BEACH CLUBS WITH A'I-rENDANT RECREATIONAL,
DINING AND RELATED ACCESSORY FACILITIES WITHIN THAT
PORTION OF THE RM ZONING DISTRICT LOCATED SOUTH OF
ATLANTIC DUNES PARK AND EAST OF STATE ROAD A1A, AS A
CONDITIONAL USE; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct two (2).Public Hearings for the
purpose of accepting public, testimony regarding the proposed
ordinance. The'first Public Hearing will be held on TUESDAY,
APRIL 21, 1998, AT 7:00 P.M. (or at any continuation of such
meeting which is set by the Commission), in the CommissiOn
Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida. If the ordinance is passed on first reading, a second Public
Hearing will be held on TUESDAY, MAY 5, 1998, AT 7:00 P.M. (or
at any continuation of such meeting which is set by the
Commission).
All interested citizens are invited to attend the public hearings and
comment upon the proposed ordinance or submit their comments
in writing on or before the date of these hearings to the Planning
and Zoning Department. For further information or to obtain a copy
of the proposed ordinance, please contact the Planning and Zoning
Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida
33444 (Phone 561/243-7040), between the hours of 8:00 a.m. and
5:00 p.m., Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO
APPEAL ANY DECISION MADE BY THE CITY COMMISSION
WITH RESPECT TO ANY MATTER CONSIDERED AT THESE
HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A
VERBATIM RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE
CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD.
PURSUANT TO ES. 286.0105.
PUBLISH: Boca Raton News
April 13, 1998
April 29, 1998
AD f/771011
CITY OF DELRAY BEACH
Alison MacGregor Harty
City Clerk
0
,--~
13,
CITY OF DELRAY BEACH
NOTICE OF CONDITIONAL USE CHANGE WITHIN
THE MEDIUM DENSITY RESIDENTIAL (lAM) DISTRICT
The City Commission of the City of Delray Beach,
proposes to adopt the following ordinance:
Florida,
ORDINANCE NO. 17-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM)
DISTRICT", SUBSECTION 4.4.6(D), "CONDITIONAL USES AND STRUCTURES
ALLOWED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, TO ALLOW PRIVATE BEACH CLUBS WITH ATTENDANT
RECREATIONAL, DINING AND RELATED ACCESSORY FACILITIES WITHIN THAT
PORTION OF THE RM ZONING DISTRICT LOCATED SOUTH OF ATLANTIC DUNES
PARK AND EAST OF STATE ROAD A1A, AS A CONDITIONAL USE; PROVIDING
A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
The City Commission will conduct two (2) Public Hearings for the
purpose of accepting public testimony regarding the proposed
ordinance. The first Public Hearing will be held on TUESDAY,
APRIL 21, 1998, AT 7:00 P.M. (or at any continuation of such
meeting which is set by the Commission), in the Commission
Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida. If the ordinance is passed on first reading, a second
Public Hearing will be held on TUESDAY, MAY 5, 1998, AT 7:00 P.M.
(or at any continuation of such meeting which is set by the
Commission).
Ail interested citizens are invited to attend the public hearings
and comment upon the proposed ordinance or submit their comments
in writing on or before the date of these hearings to the
Planning and Zoning Department. For further information or to
obtain a copy of the proposed ordinance, please contact the
Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue,
Delray Beach, Florida 33444 (Phone 561/243-7040), between the
hours of 8:00 a.m. and 5:00 p.m., Monday through Friday,
excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION
MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED
AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH
RECORD. PURSUANT TO F.S. 286.0105.
PUBLISH: The News CITY OF DELRAY BEACH
April 13, 1998 Alison MacGregor Harry
April 29, 1998 City Clerk
Instructions to Newspaper: This ad is not to be placed in the
legal ads/classified section of the newspaper. It must be at
least two standard columns wide and ten inches long. The entire
headline [NOTICE OF CONDITIONAL USE CHANGE WITHIN THE MEDIUM
DENSITY RESIDENTIAL (RM) DISTRICT] must be an 18 point bold
headline. Thank you.
TO:
FROM:
RE:
DATE:
ALISON MACGREGOR HARTY, CITY CLERK
j~AS~iN A~;/kLLEN, PLAN NER
PREPARATION OF ADVERTISEMENT FOR THE CITY
COMMISSION MEETING OF APRIL 21, 1998
MARCH 11, 1998
Please prepare the necessary advertisement and ensure that the following item
is scheduled for public hearing at the April 21st City Commission meeting.
Amendment to the Land Development Regulations Section 4.4.6(D) to allow
private beach clubs as a conditional use in that portion of the RM (Medium
Density Residential) zoning district located east of State Road A-l-A,
between Atlantic Dunes Park and the Southern City Limits.
Thanks.
/9?$
RECEIVED
CiTY CLERK
MEETING OF: MEETING OF MARCH 16, 1998
AGENDA ITEM: IV.E.
AMENDMENT TO LDR SECTION 4.4.6(D) TO ALLOW
PRIVATE BEACH CLUBS AS A CONDITIONAL USE IN
THE RM (MULTIPLE FAMILY RESIDENTIAL) ZONE
DISTRICT
The item before the Board is that of making a recommendation to the City Commission
to amend LDR Section 4.4.6 (D) to add Private Beach Clubs as a Conditional Use in
the RM (Multiple Family Residential- Medium Density) zone district.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development
Regulations may not be made until a recommendation is obtained from the Planning
and Zoning Board.
On January 28, 1998, the Planning and Zoning Department received a request from
The Delray Beach Club to amend the LDRs to add private beach clubs as a
Conditional Use in the RM zone district, pursuant to the following language:
"Private beach clubs with or without attendant recreational and/or dining facilities
on properties with a minimum land area of two acres lying south of Atlantic
Dunes Park and east of State Road A lA".
The Delray Beach Club is located south of Linton Boulevard on the east side of A-1-A
and is zoned RM. The request is to accommodate an expansion to an existing
restaurant and addition of a free standing snack bar. As the use is non-conforming
under the current regulations, the proposed modifications are not permitted.
I
The Delray Beach Club was established in 1969, after obtaining Conditional Use and
site plan approval by the City Commission. At that time, "clubs" were allowed as a
conditional use in the various multiple family zoning districts. The site was developed
IV.E.
P&Z Board Memorandum Staff Report
Amendment to LDR Section 4.4.6(D) to Allow Private Beach Clubs as a
Conditional Use in the RM Zone District
Page 2
per its approved site plan and currently contains a restaurant, pool, cabanas, and
associated parking.
In 1990, with the Citywide Rezoning associated with the approval of the Land
Development Regulations, the Conditional Use language in the RM zone district was
changed to read: the use of common recreational facilities such as swimming pools,
tennis courts, and golf courses (associated with a subdivision) for club or commercial
purposes. The Delray Beach Club operates, independently of any residential
development or subdivision, and therefore became a non-conforming use.
Currently, there are three known privately operated beach clubs in the City, all of which
are located east of A-lA. These include: The Seagate Beach Club, the Colony Beach
Club, and Delray Beach Club. The applicant is suggesting that beach clubs be limited to
parcels containing at least 2 acres in size and which are located east of A-lA, south of
Atlantic Dunes Park.
The predominant zoning districts along the City's coastline east of A-1-A and north of
Atlantic Dunes Park, are Single Family (R-1 districts) and Open Space (OS) with a few
pockets of multiple family districts (refer to the attached map). All of the properties
located south of Atlantic Dunes Park are zoned RM.
The existing land uses south of the park include older hotels/time shares, high density
multiple family developments, and two private beach clubs (Colony and Delray Beach
Club). The Seagate Beach Club is located east of A-lA, however it is a considerable
distance north of Atlantic Dunes Park and abuts a single family zoning district (RI-
AAA). From a compatibility and land use stand point, it seems reasonable to limit
private beach clubs to the geographical area proposed by the applicant (i.e. south of
the Atlantic Dunes Park).
As mentioned above, the use of common recreational facilities such as swimming
pools, tennis courts, and golf courses (associated with a subdivision) for club or
commercial purposes is listed as a Conditional Use in the RM zone district. A club as
defined by the LDRs is a building or facility owned or operated by an association,
corporation, person, or persons, for an educational, recreational, or social purpose, and
to which membership is required for participation, but not primarily for profit or to render
a service which is customarily restricted to members and their guests.
Private beach clubs fit the definition of "clubs", but clubs are currently not allowed as a
stand alone use in the RM zone district. The potential impacts with respect to level of
service standards, and issues relating to compatibility would be the same whether a
club is associated with or without a subdivision and would be subject to the same
required findings i.e. that the club will not have a significantly detrimental effect upon
the stability of the neighborhood within which it will be located, and that it will not hinder
P&Z Board Memorandum Staff Report
Amendment to LDR Section 4.4.6(D) to Allow Private Beach Clubs as a
Conditional Use in the RM Zone District
Page 3
development or redevelopment of nearby properties. The Board may also impose
conditions to further compatibility with adjacent properties.
Pursuant to LDR Section 2.4.5 (M) Amendmen{s, the Board must make a finding
that the proposed text amendment is consistent and furthers the Goals,
Objectives and Policies of the Comprehensive Plan. A review of the objectives
and policies of the adopted Comprehensive Plan was conducted and the
following applicable policies were found.
Future Land Use Element:
Policy C-3.4: The City's Coastal Area is one of its most valuable resources in
terms of economic attraction, recreation, and natural beauty. While action is
appropriate to capitalize upon the economic benefits of this resource
commercialization and promotion shall not occur to such an extent that they
diminish this beach resource.
Private beach clubs are a recreational use that can provide good economic benefits to
the City, and allow additional public access to an otherwise private beach. The
intensity of private beach clubs can be controlled through the Conditional Use process,
through which limitations can be placed on the types of activities provided, hours of
operation, number of memberships, etc.
Coastal Management Element:
Objective C-3:
The development of vacant and under-developed land on the barrier island shall
occur in a manner which does not change the character, intensity of use, or
demand upon existing infrastructure in the Coastal Planning Area, as dictated in
the following policies:
Policy C-3.2: There shall be no change in the intensity of land use within the
barrier island and all infill development which does occur shall connect to the
City's storm water management system and sanitary sewer system.
P&Z Board Memorandum Staff Report
Amendment to LDR Section 4.4.6(D) to Allow Private Beach Clubs as a
Conditional Use in the RM Zone District
Page 4
Objective D-2:
There shall not be any development upon the barrier island which shall reduce
hurricane evacuation time beyond its present level or which shall lower the level
of service at the intersection of SR A-IA and Atlantic Avenue; George Bush
Boulevard and SR A-lA; or at Linton Boulevard and SR A-lA.
The upgrading of existing beach club facilities or the establishment of new clubs will not
affect hurricane evacuation times on the barrier islands. Hurricane evacuation times
are primarily impacted by the number of dwelling units as residents attempt to leave the
area for safer accommodations.
The applicant is requesting that "Private beach clubs with or without attendant
recreational and/or dining facilities on properties with a minimum land area of two acres
lying south of Atlantic Dunes Park and east of State Road A lA" be added to the RM
zone district as a Conditional Use. As outlined in this report it seems reasonable to limit
beach clubs to the requested geographical area based on existing land use patterns,
and that clubs are already allowed in the RM zone district when part of a subdivision.
The proposed amendment appears to be consistent with the Goals, Objectives and
Policies of the Comprehensive Plan, and does not diminish them. It does not seem
necessary to put limitations on the land area as there are enough regulations in place to
ensure compatibility.
Staff supports the amendment to LDR Section 4.4.6 (D) to include private beach clubs
as a Conditional Use with the following changes to the language proposed by the
applicant: "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 A- I-A ".
By Motion, recommend that the City Commission approve the amendment to LDR
.Section 4.4.6 (D) to add, "Private beach clubs with attendant recreational, dining, and
related accessory facilities within the area lying south of Atlantic Dunes Park and east
of State RoadA-1-A" as a conditional Use in the RM zone district.
Attachments:
· Location Map
· Ordinance
P&Z Board Memorandum Staff Report
Amendment to LDR Section 4.4.6(D) to Allow Private Beach Clubs as a
Conditional Use in the RM Zone District
Page 5
Section 4.4.6 Medium Density Residential (RM) District:
(D) Conditional Uses and Structures Allowed: The following uses are
allowed as conditional uses in the RM district.
(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 A-1-A.
CF
SEAGATE BEACH
CLUB
I-l-AAA
THE DELRA Y
BEACH CLUB
ATLANTIC DUNES
PARK
COL ON Y BEA CH
CLUB
CiTY OF DELRAY BEACH, FL
PLANNING & ZONINGDEPARTMENT
PRIVATE
~,."%.'~ ALLOWABLE
BEACH CLUBS
AREA AS A CONDITIONAL USE
-- D/Gl?AL BASE .~P SYSZ'EM -- MAP REF: LMA75