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46-94 ORDINANCE NO. 46-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND KNOWN AS MERRITT PARK, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM CF (COMMUNITY FACILITIES) DISTRICT TO OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING GENERALLY LOCATED ON THE NORTH SIDE OF S.W. 4TH STREET, BETWEEN S.W. 2ND AND 3RD AVENUES; 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: 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: All of Block 48, TOWN OF DELRAY, as recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida (known as Merritt Park). The subject property is generally located on the north side of S.W. 4th Street, between S.W. 2nd and 3rd Avenues; containing 3.97 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 ~ 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 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed.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 AND ADOPTED in regular session on second and final reading on this the 21st day of June , 1994. ATTEST: ~ City C~erk ' First Reading June 77 1994 Second Reading June 21, 1994 i - 2 - Ord. No. 46-94 II I I I II I I I I ~I I __ . ~_.__ . //,,? ,v~_ -1[ ......... -~'~* ..._ u, _ / :~ '- 4 ~ - "' CI~ INITIATED REZONINGS OS ~ OSR CF to OS CF ~ OSR ~ ~ ,.- ~ 4 37-94 g A2-~4 14 47-~4 19 52-~4 5 38-94 1 ~ 43-94 15 I I II MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM ~/~'/- MEETING OF JUNE 21. 1994 SECOND READING AND PUBLIC HEARING FOR ORDINANCE NOS. $4-94 T~ROUG~ 52-94/ REZONING VARIOUS RECREATIONAL/ PASSIVE FACILITIES TO OSR (OPEN SPACE AND RECREATION) OR OS (OPEN SPACE) DATE: JUNE 17, 1994 This is second reading and p. ublic 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: agmemol3 ~,'C~ ~ -- 5-©