38-94 ORDINANCE NO. 38-94
AN ORDINANCE'OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS BARWICK PARK, AS MORE PARTICULARLY
DESCRIBED HEREIN, FROM CF (COMMUNITY FACILITIES)
DISTRICT TO OS (OPEN SPACE) DISTRICT; SAID LAND
BEING GENERALLY LOCATED AT THE NORTHEAST CORNER OF
LAKE IDA ROAD AND BARWICK ROAD; 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 CF (Community Facilities)
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:
~_~ 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 OS (Open
Space) District for the following described property:
A portion of Section 12, Township 46 South, Range
42 East, more particularly described as follows:
Commencing at the center of said Section 12,
Township 46 South, Range 42 East, Palm Beach
County, Florida; thence run South 00 degrees 55'
16" East, 605.91 feet along the West line of the
Southeast Quarter (SE 1/4) of said Section 12, to a
point; thence run North 89 degrees 04' 44" East,
40.00 feet to the Point of Beginning; thence run
South 79 degrees 49' 09" East, 189.81 feet to a
point; thence run North 89 degrees 04' 44" East,
290.78 feet to a point; thence run South 39 degrees
00' 15" East, 179.35 feet to a point; thence run
South 55 degrees 15' 56" East, 214.03 feet to a
point; thence run South 00 degrees 06' 41" East,
387.53 feet to a point of the intersection with the
north right-of-way line of the 80.00 foot wide
right-of-way for Lake Ida Road; thence run South 89
degrees 53' 19" West, 591.35 feet along said
right-of-way line to a point; thence run North 00
degrees 06' 41" West, 125.05 feet to the point of
intersection with a curve concave to the Northeast,
having a radius of 75.00 feet, a central angle of
75 degrees 46' 24", and a chord bearing of North 38
degrees 48' 28" West; thence run 99.19 feet along
the arc of said curve to a point of tangency;
thence run North 00 degrees 55' 16" West, 14.60 feet
to a point; thence run South 89 degrees 04' 44" West,
110.00 feet to a point; thence run North 00 degrees
55' 16" West, 469.29 feet along a line 40.00 feet
east of and parallel with the west line of said
Southeast Quarter (SE 1/4) to the Point of Beginning
(known as Barwick Park).
The subject property is generally located at the
northeast corner of Lake Ida Road and Barwick Road;
containing 9.68 acres, more or less.
~ 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.
~_~ That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
~ 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.
~ 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 21st day of 1994.
- ~ity -C l~rk '
June 7, 1994
First Reading
Second Reading Jun~ 2], ]gq4
- 2 - Ord. No. 38-94
I I~ I · I I I
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CI~ INITIATED REZONINGS
OS ~ OSR CF to OS CF ~o OSR
1 34--94 6 39--~4 11 ~--~4 · 16 49-94
2 35-94 7 ~--g4 12 45--g4 17
kl
I~ 3 36-94 8 41-94 13 46-04 18 51-94
~ 4 37-g4 9 ~2-94 14 47-94 19 52-94
c~ ~ ~y ~ ~ J 5 38-94 10 43-94
i
I II
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM ~/O~-/_ MEETING OF JUNE 21. 1994
SECOND BEADING AND PUBLIC HEARING FOR ORDINANCE NOS.
34-94 THROUGH ~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 ~roperties
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).
ref:agmemol3 O,,C~. ~ --