35-94 ORDINANCE NO. 35-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS THE HAMLET GOLF COURSE, AS MORE PARTICULARLY
DESCRIBED HEREIN, FROM OS (OPEN SPACE) DISTRICT TO
OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND
BEING GENERALLY LOCATED ON THE SOUTH SIDE OF ATLANTIC
AVENUE, BETWEEN MILITARY TRAIL AND DOVER ROAD (IF
EXTENDED); AND AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned OS (Open Space) District; and
WHEREAS, at its meeting of April 18, 1994, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
reviewed this item and voted unanimously to recommend approval of the
rezoning, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of OSR (Open Space and
Recreation) District for the following described property:
A parcel of land in Section 13 and Section 24,
Township 46 South, Range 42 East, known as The Hamlet
Golf & Tennis Club Golf Course, more particularly
described as follows:
That portion of the North Half (N 1/2) of Section 24,
Township 46 South, Range 42 East, lying east of State
Road 809 (Military Trail), and north of the L-35
Canal Right-of-Way; LESS the following: The Plat of
BOUGAINVILLA, as recorded in Plat Book 32, Page 56,
Palm Beach County Public Records; the Plat of
FOXPOINTE, as recorded in Plat Book 32, Page 107,
Palm Beach County Public Records; the Plat of
LAKEWOODE - SECTION I, as recorded in Plat Book 33,
Page 103, Palm Beach County Public Records; the Plat
of LAKEWOODE - SECTION II, as recorded in Plat Book
33, Page 105, Palm Beach County Public Records; the
Plat of EVERGREENE, as recorded in Plat Book 33, Page
150, Palm Beach County Public Records; the Plat of
LAKEWOODE - SECTION III, as recorded in Plat Book 34,
Page 99, Palm Beach County Public Records; the Plat
of PINELAKE, as recorded in Plat Book 36, Page 165,
Palm Beach County Public Records; the Plat of THE
ESTATES, as recorded in Plat Book 38, Page 61, Palm
Beach County Public Records; the Plat of THE ESTATES
IV, as recorded in Plat Book 47, Page 76, Palm Beach
County Public Records; the Plat of FOX HOLLOW, as
recorded in Plat Book 47, Page 106, Palm Beach County
Public Records; the Plat of GREENSWARD VILLAGE
SUBDIVISION (also known as Greensward Village
Condominium #1 and Greensward Village Condominium
#2), as recorded in Plat Book 29, Page 186, Palm
Beach County Public Records; that portion of the Plat
of SHERWOOD FOREST PLAT NO. 1, as recorded in Plat
Book 62, Page 163, Palm Beach County Public Records,
lying in Section 24, Township 46 South, Range 42
East.
TOGETHER WITH:
That portion of the Southeast Quarter (SE 1/4) of
Section 13, Township 46 South, Range 42 East, bounded
on the North by State Road 806 (Atlantic Avenue), and
bounded on the West by the Plat of SHERWOOD FOREST
PLAT NO. 1, as recorded in Plat Book 62, Page 163,
Palm Beach County Public Records, and bounded on the
East by the East Section Line of Section 13, Township
46 South, Range 42 East, and bounded on the South by
the South Section Line of Section 13, Township 46
South, Range 42 East; LESS the following: The Plat
of ARBORIDGE, as recorded in Plat Book 36, Page 132,
Palm Beach County Public Records; the Plat of THE
FAIRWAYS, as recorded in Plat Book 39, Page 62, Palm
Beach County Public Records; the Plat of THE ESTATES
II, as recorded in Plat Book 39, Page 97, Palm Beach
County Public Records; the Plat of THE ESTATES III,
as recorded in Plat Book 40, Page 64, Palm Beach
County Public Records; the Plat of KRAMER'S PLAT, as
recorded in Plat Book 64, Page 17, Palm Beach County
Public Records; the Plat of GREENSWARD VILLAGE
SUBDIVISION, as recorded in Plat Book 29, Page 186,
Palm Beach County.Public Records.
- 2 - Ord. No. 35-94
The Subject property is generally located on the
south side of Atlantic Avenue, between Military Trail
and Dover Road (if extended); containing 131.06
acres, more or less.
Section 2. That the Planning Director of 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 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. 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 5. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED MD ADOPTED in regular session on second and final
reading on this the 21st day of June , 1994.
ATTEST:
~ City C~rk r
First Reading June 7, 1994
Second Reading June 21, 1994
- 3 - Ord. No. 35-94
CITY Of DELRAY BEACH, FLORIDA
CITY INITIATED REZONINGS
OS to OSR CF to OS CF to OSR
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M~MORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM ~/O~-~_ MEETING OF JUNE 21. 1994
SECOND. READING AND PUBLIC HEARING FOR ORDINANCE NOS.
34-94 THROUG~ ~2-94/ REZONING VARIOUS RECREATIONAL/
PASSIVE FACILITIES TO OSR (OPEN SPACE AND RECREATION)
QR QS (OPEN SPACE)
DATE: JUNE 17, 1994
This is second reading and public hearing for nineteen ordinances
which rezone certain recreational or passive facilities
throughout the City to either OSR (Open Space and Recreation)
District or OS (Open Space) District. The affected properties
include golf courses (both public and private), parks (active and
passive), recreation centers and the municipal cemetery. A
complete listing is attached to the staff report.
These rezonings are of a "housekeeping" nature and result from
the creation of the OSR (Open Space and Recreation) zoning
district. The properties being rezoned to OSR are currently
zoned either OS or CF (Community Facilities). The properties
being rezoned to OS are currently zoned CF.
The Planning and Zoning Board formally reviewed this item at
public hearing on April 18, 1994. A unanimous recommendation of
approval was forwarded to the Commission for all of the proposed
rezonings, with two exceptions. The Board voted to retain CF
zoning on the Catherine Strong Center (Ordinance No. 39-94) and
the Bucky Dent Baseball School (Ordinance No. 51-94) based on the
nature and extent of activities occurring at those locations.
However, both of these centers contain ballfields, which are
being eliminated from the CF district under the proposed
amendment, and would become nonconforming uses under CF zoning.
To avoid this, and because the activities at both facilities are
primarily recreation oriented, application of OSR zoning is the
most appropriate. Staff has incorporated language in the OSR
district which would accommodate temporary living quarters for
program participants as an accessory use. This makes the housing
at the Baseball School a conforming use.
On June 7, 1994, the Commission passed all of the nineteen
ordinances (#34-94 through #52-94) on first reading by unanimous
vote.
Recommend approval of Ordinance Nos. 34-94 through 52-94,
inclusive, on second and final reading, based on positive
findings with respect to Chapter 3 (Performance Standards) of the
LDRs, policies of the Comprehensive Plan, and LDR Section
2.4.5(E)(5).
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