40-94 ORDINANCE NO. 40-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS THE DELRAY BEACH MUNICIPAL CEMETERY, AS
MORE PARTICULARLY DESCRIBED HEREIN, FROM CF
(COMMUNITY FACILITIES) DISTRICT TO OSR (OPEN SPACE
AND RECREATION) DISTRICT; SAID LAND BEING GENERALLY
LOCATED ON THE WEST SIDE OF S.W. 8TH AVENUE, BETWEEN
S.W. 6TH STREET AND S.W. 10TH STREET; 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 OSR (Open Space and
Recreation) District for the following described
property:
Blocks I through 6, inclusive, and Block 17, DELRAY
BEACH CEMETERY, as recorded in Plat Book 24, Page
77, of the Public Records of Palm Beach County,
Florida; and Blocks 7 through 11, inclusive, REPLAT
OF DELRAY BEACH CEMETERY, as recorded in Plat Book
28, Page 68, of the Public Records of Palm Beach
County, Florida; and all of the PLAT OF PINE RIDGE
CEMETERY UNIT B, as recorded in Plat Book 31, Page
189, of the Public Records of Palm Beach County,
Florida; and all of the PLAT OF PINE RIDGE CEMETERY
UNIT C, as recorded in Plat Book 65, Page 11, of the
Public Records of Palm Beach County, Florida;. and
all of the PLAT OF DELRAY BEACH CEMETERY REPLAT, as
recor4ed in Plat Book 31, Page 89, of the Public
Records of Palm Beach County, Florida; and the East
Half (E 1/2) of Lot 28, Subdivision of Section 20,
Township 46 South, Range 43 East, as recorded in
Plat Book 1, Page 4, of the Public Records of Palm
Beach County, Florida; and the East Half (E 1/2) of
Lot 26, Subdivision of Section 20, Township 46
South, Range 43 East (less Auburn Trace at Plat Book
64, Page 184), as recorded in Plat Book 1, Page 4,
of the Public Records of Palm Beach County, Florida
(known as the Delray Beach Municipal Cemetery).
The subject property is generally located on the
west side of S.W. 8th Avenue, between S.W. 6th
Street and S.W. 10th Street; containing 30.07 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 I hereof.
~_~ That all ordinances or parts of o~dinances 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 June ., 1994.
ATTEST:
First Reading June 7, 1994
Second Reading June 21, 1994
- 2 - Ord No 40-94
CITY INITIATED REZONINGS
OS to OSR CF to OS CF to OSR
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~ 4 37-94 g 42-~4 14 47-94 lg 52-94
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MEMORANDUM
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 THROUGH 92-94/ REZONING VARIOUS RECREATIONAL/
PASSIVE FACILITIES TO OSR (OPEN SPACE AND RECREATION)
QB OS (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).
ref:agmemo13 0~. ~7~ _~C -9~