Ord 37-05
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ORDINANCE NO. 37-05
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED RM (MEDIUM
DENSITY RESIDENTIAL) DISTRICT TO R-I-A (SINGLE
F AMIL Y RESIDENTIAL) DISTRICT; SAID LAND BEING
GENERALLY LOCATED BETWEEN SE 2ND STREET AND
SE 3RD STREET AND BETWEEN SE 2ND A VENUE AND SE
5TH AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, APRIL 2005"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTNE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of
the City of Delray Beach, Florida, dated April 2005, as being zoned RM (Medium Density
Residential) District; and
WHEREAS, at its meeting of May 23,2005, the Planning and Zoning Board for the City
of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 4
to 0 to recommend that the property hereinafter described be rezoned, based upon positive
findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies ofthe Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
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Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Zoning District Map of the City ofDelray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of R-I-A (Single Family Residential)
District for the following described property:
Lots 13-22, inclusive, Block 103, Roebuck's Resubdivision of Block 103 Delray, a
Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 2,
Page 19, of the Public Records of Palm Beach County, Florida;
Together With;
Lots 15-24, inclusive, Block 87 and Lots 4-12, inclusive, & Lots 15-24, inclusive, Block 95,
Linn's Addition to Osceola Park, a Subdivision in Palm Beach County, Florida as per the
Plat thereof recorded in Plat Book 1, Page 133, of the Public Records of Palm Beach County,
Florida;
Section 3. That the Planning and Zoning Director of the said City shall, upon the
effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to
confonn with the provisions of Section 2 hereof,
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5, That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 6, That this ordinance shall become effective immediately upon the effective
date of Ordinance 31-05, under which official land use designation of LD (Low Density
Residential 0-5 du/ac) is affixed to the subject parcel hereinabove described.
2 ORD NO. 37-05
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z.~ ASSED AND ADOPTED in regular session on second and final reading on this the
_dayof~~ú) ,200.5.,
ATTEST ~lb
'A OR '-
~~.~~
City Clerk
First Reading ~ \ ~ \ O?
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Second Reading ~\LO\()S
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3 ORD NO. 37-05
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERwl
\
SUBJECT: AGENDA ITEM # \ Q N - REGULAR MEETING OF SEPTEMBER 20, 2005
ORDINANCE NO. 37-05 (REZONING/OSCEOLA PARK)
DATE: SEPTEMBER 16. 2005
This ordinance is before Commission for second reading and public hearing for a City initiated
rezoning from RM (Medium Density Residential) to R-l-A (Single Family Residential) for a 5.9 acre
portion of the Osceola Park redevelopment area, generally located between S.E. 2nd Street and S.E. 3rd
Street between S.E. 2nd Avenue and S.E. 5th Avenue.
The Osceola Park Redevelopment Area is designated as Redevelopment Area #5. It is bordered by
S,E. 2nd Street on the north, S.E. 5th Street on the south, S.E. 5th Avenue on the east, and S.E. 1st
Avenue on the west; and encompasses a total of 35.6 acres. The proposed rezoning is for a 5.9 acre
portion of the redevelopment area, generally located south of the frontage properties on S.E. 2nd Street
to S.E. 3rd Street, between the Federal Highway commercial frontage and the commercial/industrial rail
corridor. This action is necessary to implement the Osceola Park Redevelopment Plan which was
adopted by Commission on December 6. 2004.
The rezoning request is accompanying a City initiated Future Land Use Map Amendment (FLUM) for
the redevelopment area as part of Comprehensive Plan Amendment 2005-1, which has also been
scheduled for this Commission meeting. Additional background and analysis are provided in the
Planning and Zoning Board Staff Report attached as Support Document #2 in Comprehensive Plan
Amendment 2005-1.
The Planning and Zoning Board held a public hearing at its meeting of May 23. 2005. While no
members from the public spoke on the item, a letter from the Homeowners' Association has been
received in support of the proposal. After reviewing the staff report and discussing the proposal, the
Board voted 4-0 to recommend approval of the FLUM amendment and rezoning request, by adopting
the findings of fact and law contained in the staff report and finding that the requests and approval
thereof are consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section
3.1.1 (Required Findings), Section 3.2.2 (Standards for Rezoning Actions), Section 2.4.5(0)(5)
(Rezoning Findings).
At the first reading on June 7, 2005, the City Commission passed Ordinance No. 37-05.
Recommend approval of Ordinance No.3 7 -05 on second and final reading.
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FROM: ~A D,
SUBJECT: MEETING OF JUNE 7,2005
CITY INITIATED REZONING FOR A 5.9 ACRE PORTION OF THE OSCEOLA PARK
REDEVELOPMENT AREA FROM RM (MEDIUM DENSITY RESIDENTIAL) TO R-1-A
(SINGLE FAMILY RESIDENTIAL).
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The Osceola Park Redevelopment Area is designated as Redevelopment Area #5. It is bordered by SE 2nd
Street on the north; SE 5th Street on the south; SE 5th Avenue on the east; and SE 1 sl Avenue on the west. The
redevelopment area encompasses a total of 35.6 acres. The proposed Rezoning is for a 5.9 acre portion of the
redevelopment area, generally located south of the frontage properties on SE 2nd Street to SE 3rd Street,
between the Federal Highway commercial frontage and the commercial/industrial rail corridor. This action is
necessary to implement the Osceola Park Redevelopment Plan which was adopted by the City Commission on
December 6, 2004.
This Rezoning is accompanying a City initiated Future Land Use Map Amendment for the redevelopment area
as part of Comprehensive Plan Amendment 2005-1, which has also been scheduled for this City Commission
meeting. Additional background and an analysis of the FLUM amendment and rezoning are provided in the
Planning and Zoning Board staff report attached as Support Document #2 in Comprehensive Plan Amendment
2005-1. Second reading of the rezoning request will be postponed until Comprehensive Plan Amendment
2005-1 returns from State review. The estimated date for the public hearing is August 2,2005.
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At its meeting of May 23, 2005, the Planning and Zoning Board held a public hearing in conjunction with the
FLUM amendment and Rezoning request. While no members of the public spoke on the item, a letter from the
Homeowners Association has been received in support of the proposal. After reviewing the staff report and
discussing the proposal, the Board unanimously voted 4-0 (Kincaid, Morris and Zacks absent) to recommend
approval of the FLUM Amendment and Rezoning request by adopting the findings of fact and law contained in
the staff report, and finding that the requests and approval thereof are consistent with the Comprehensive Plan
and meet criteria set forth in Section 2.4.5(D)(5), Section 3.1.1 (Required Findings) and Section 3.2.2
(Standards for Rezoning Actions) of the Land Development Regulations.
By motion, approve on first reading Ordinance No. 37-05 for Rezoning of a 5.9 acre portion of the Osceola
Park Redevelopment Area, generally located south of the frontage properties on SE 2nd Street to SE 3rd
Street, between the Federal Highway commercial frontage and the commercial/industrial rail corridor, from RM
(Medium Density Residential) to R-1-A (Single Family Residential), by adopting the findings of fact and law
contained in the staff report, and finding that the request and approval thereof is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(0)(5), Section 3.1.1 (Required Findings) and
Section 3.2.2 (Standards for Rezoning Actions) of the Land Development Regulations.
Attachment: Ordinance No. 37-05
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ORDINANCE NO. 37-05
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED RM (MEDIUM
DENSITY RESIDENTIAL) DISTRICT TO R-I-A (SINGLE
F AMIL Y RESIDENTIAL) DISTRICT; SAID LAND BEING
GENERALLY LOCATED BETWEEN SE 2ND STREET AND
SE 3RD STREET AND BETWEEN SE 2ND A VENUE AND SE
5TH AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN ; AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, APRIL 2005"; PROVIDING A
GENERAL REPEALER CLAUSE, A SA VING CLAUSE,
AND AN EFFECTNE DATE,
WHEREAS, the property hereinafter described is shown on the Zoning District Map of
the City of Delray Beach, Florida, dated April 2005, as being zoned RM (Medium Density
Residential) District; and
WHEREAS, at its meeting of May 23,2005, the Planning and Zoning Board for the City
of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 4
to 0 to recommend that the property hereinafter described be rezoned, based upon positive
findings; and
WHEREAS, pursuant to Florida Statutes 163,3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of R-I-A (Single Family Residential)
District for the following described property:
Lots 13-22, inclusive, Block 103, Roebuck's Resubdivision of Block 103 Delray, a
Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 2,
Page 19, of the Public Records of Palm Beach County, Florida;
Together With;
Lots 15-24, inclusive, Block 87 and Lots 4-12, inclusive, & Lots 15-24, inclusive, Block 95,
Linn's Addition to Osceola Park, a Subdivision in Palm Beach County, Florida as per the
Plat thereof recorded in Plat Book 1, Page 133, of the Public Records of Palm Beach County,
Florida;
Section 3. That the Planning and Zoning Director of the said City shall, upon the
effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to
conform with the provisions of Section 2 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 6. That this ordinance shall become effective immediately upon the effective
date of Ordinance 31-05, under which official land use designation of LD (Low Density
Residential 0-5 dulac) is affixed to the subject parcel hereinabove described.
2 ORD NO. 37-05
PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of ,200_,
ATTEST MAYOR
City Clerk
First Reading
Second Reading
3 ORD NO. 37-05
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www bocanews com . Boca RatonlDelray Beach News - Fnday, September 9, 2005 23
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A PUBUC HEARING will be held 00 lI1e
~oIIm""::-IL=, ~JR7~ LEGAL NOTÎCE$
2005 or at artf conIInuatIon of such
meeting wI1ich IS set by 1I1e CommlS-
¡:,:~' footheN W ~.r'::~ = p eaSe be adVIsed that K a øe.:;:
Beach, _, at wI1ich time the CIty deCIdeS to appeal any deCISion
CommIssIon will COIISIder Is adfJ JtJon by the City commlSS:;~IIh~
The proposed ordinance may be
~~1~~1~1J:"~~ any matter conskJe need to ensure
1f1\ S, ~~nclud8StheteS-
"'f Beach, Ronda, between the hours that a whtCh the
~~ "F:ræ:.'~~ ~ ~ '= and ev\deII~ ~ City does
not pr~: ~r repare such iecon1
Interested parties are Invited 10 attend PUlSuanlto F S ~86 01 05
and be heard WIth respect to 1I1e pro-
posed ordinance cITY OF QELAAY Bb'CH
CheVOIIe D NutJIn
ORDlllANCE NO 37-05 - CIty C1efk
AN ORDINANCE OF "!HE CllY COM- pUBLISH FridaY, September g, 2005
MISSION OF lHE CllY OF DELRAY
BEACH, FLORIDA, REZDNING AND Boca RatowVel"'f BeaCh News
PlACING LAND PRESENTLY ZONED Ad #124426
RM (MEDIUM DENSllY RESIDEN-
rl,,'¡1L ~IS~~1ÓE~~llt! -'ÒI~S¡~'f.
SAID LAND BEING GENERALLY
LOCATED BETWEEN SE 2ND STREff
AND SE 3RD STREET AND BETWEEN
SE 2ND AVENUE AND SE 5lH
AVENUE, AS MORE PARnCULARL Y
DESCRIBED HEREIN, AMENDING
"ZONING MAP OF DELRAY BEACH.
FLORIDA, APRIL 2005", PROVIDING A
GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE
DATE
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