55-92 ORDINANCE NO. 55-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT IN
OS (OPEN SPACE) DISTRICT; SAID LAND BEING A PARCEL
KNOWN AS NORTH OCEAN BOULEVARD PARKING LOT, AS MORE
PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING
DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the OS (Open
Space) District as defined in Chapter Four of the Land Development
Regulations of the City of Delray Beach, Florida, to-wit:
A parcel of land being a portion of original Lots 13, 14
and 15, OCEAN BEACH SUBDIVISION, Section 16, Township 46
South, Range 43 East, Delray Beach, Palm Beach County,
Florida, more particularly described as follows:
Commencing at the intersection of the centerline of
Atlantic Avenue and the East right-of-way line of
Andrews Avenue extended; thence with said East
right-of-way line Northerly 612.83 feet to the North
line of the South Half (S 1/2) of original Lot 13; with
an interior angle to the left of 89 degrees 47' 30",
153.00 feet along said North line of the South Half (S
1/2) of original Lot 13, in an Easterly direction to the
point of beginning; thence continuing along said North
line, 314.95 feet in an Easterly direction to the West
right-of-way line of Ocean Boulevard (SR A-l-A); thence
with an interior angle to the left of 81 degrees 10'
07", 57.66 feet in a Southerly direction along said West
right-of-way line; thence with an interior angle to the
left of 90 degrees 41' 53", 306.02 feet in a Westerly
direction; thence with an interior angle to the left of
90 degrees 12' 30", 57.00 feet in a Northerly direction
to the point of beginning.
The subject property is located north of Atlantic Avenue
on the west side of Ocean Boulevard.
The above-described parcel contains 0.41 acres of land,
more or less.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District 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conflict herewith be, and the same are hereby repealed.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 {, 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
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on this the 17th day of
November , 1992
ATTEST:
City Cie~k
October 27, 1992
First Reading
Second Reading November 17, 1~2
- 2 - ORD. NO. 55-92
,,~ ~/'i BEACH PARKS
REZONINGS
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM $ /0 ~ _ MEETING OF NOVEMBER 17. 1992
QRDINANCE NQ, 55-92
DATE: November 13, 1992
This is second reading of an ordinance rezoning the North Ocean
Boulevard parking lot property located on the west side of Ocean
Boulevard, north of Atlantic Avenue from CF (Community Facilities)
zone district to OS (Open Space) zone district.
In August 1991, the Planning Department received a letter from the
Beach Property Owner's Association, which expressed concerns relative
to the potential for the establishment of commercial activities in the
beach parks given the allowance of cruise boat operations at Veteran's
Park.
CF zoning allows certain accessory uses which are commercial in
nature, such as food vendors. The proposed rezoning to OS would
protect the parks from commercial activities.
The Planning and Zoning Board at their September 21st meeting
recommended approval.
Recommend approval of Ordinance No. 55-92 on second and final reading.
ORDINANCE NO. 55-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT IN
OS (OPEN SPACE) DISTRICT; SAID LAND BEING A PARCEL
KNOWN AS NORTH OCEAN BOULEVARD PARKING LOT, AS MORE
PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING
DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the OS (Open
Space) District as defined in Chapter Four of the Land Development
Regulations of the City of Delray Beach, Florida, to-wit:
A parcel of land being a portion of original Lots 13, 14
and 15, OCEAN BEACH SUBDIVISION, Section 16, Township 46
South, Range 43 East, Delray Beach, Palm Beach County,
Florida, more pa=ticularly described as follows:
Commencing at the intersection of the centerline of
Atlantic Avenue and the East right-of-way line of
Andrews Avenue extended; thence with said East
right-of-way line Northerly 612.83 feet to the North
line of the South Half (S 1/2) of original Lot 13; with
an interior angle to the left of 69 degrees 47' 30"
153.00 feet along said North line of the South Half (~
1/2) of original Lot 13, in an Easterly direction to the
point of beginning; thence continuing along said North
line, 314.95 feet in an Easterly direction to the West
right-of-way line of Ocean Boulevard (SR A-l-A); thence
with an interior angle to the left of 81 degrees 10'
07", 57.66 feet in a Southerly direction along said west
right-of-way line; thence with an interior angle to the
left of 90 degrees 41' 53", 306.02 feet in a Westerly
direction; thence with an interior angle to the left of
90 degrees 12' 30", 57.00 feet in a Northerly direction
to the point of beginning.
The subject property is located north of Atlantic Avenue
on the west side of Ocean Boulevard.
The above-described parcel contains 0.41 acres of land,
more or less.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District 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
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on this the 17th day of
November , 1992
ATTEST:
--- ~City Cie~k !
October 27, 1992
First Reading
Second Reading November 17, 199~
2 ORD. NO. 55-92
BOUt/YARD
PAJ~ONO ~
BI[ACH PARKS
RI[ZONINGS
CITY COMMI S S I ON DOCUMENTAT I ON
TO: /I~..VID T. HARDEN, CITY MANAGER
THRU: - 'AVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLm NINS AND ZONING
FROM: JANET MEEKS, PLANNER II
SUBJECT: MEETING OF OCTOBER 27, 1992
APPROVAL ON FIRST READING OF AN ORDINANCE FOR
REZONING BEACH PARKING LOTS AND ATLANTIC DUNES PARK
FROM CF (COMMUNITY FACILITIES) TO OS (OPEN SPACE)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the rezoning ordinance affecting the subject
properties listed below:
* Atlantic Dunes Park - located north of Linton
Boulevard, on the east and west sides of A-l-A;
* Sandoway Park and Ingraham Avenue Park - located south
of Atlantic Avenue on the west side of A-l-A;
* Anchor Park - located north of Casurina Road, on the
west side of A-l-A; and
* Ocean Boulevard Parking Lot - located north of Atlantic
Avenue, west of A-1-A.
Note: The existing "North Beach Parking Lot" is zoned CBD. It
is to be demolished with the expansion of the Holiday Inn.
Therefore, is not included with this rezoning petition.
BACKGROUND:
In August of 1991, the Planning Department received a letter
(copy attached) from the Beach Property Owner's Association,
which expressed concerns relating to the potential for
commercial activities to be established in the beach parks.
City Commission Documentation
Beach Parking Lot and Atlantic Dunes Rezoning
Page 2
The beach parks are currently zoned CF (Community Facilities). CF
zoning accommodate a variety of uses. The Association wanted to
protect the parks from those types of activities and the
potential for commercial uses. A zoning designation of OS (Open
Space) would provide that protection.
The underlying land use for the parks is also CF. Until
recently, the OS (Open Space) zoning was not an allowable zoning
under the CF land use designation. The land use
designation/zoning matrix had to be amended so that the OS (Open
Space) zoning would be consistent with the Community Facilities
land use designation. This was accomplished at the City
Commission meeting of September 8, 1992 with the approval of
Comprehensive Plan Amendment 92-1.
A follow up to that action is to rezone the parks from CF
(Community Facilities) to OS (Open Space), which is the action
now before the Board.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at
their regular meeting of September 21, 1992, and unanimously
approved the rezoning on a 7-0 vote.
RECOMMENDED ACTION:
By motion, approve the ordinance on first reading to rezone the
subject properties from CF (Community Facilities) to OS (Open
Space).
Attachment:
* P&Z Staff Report
* BPOA Letter of August 20, 1991
* Location Map
JM/CCPARKS.DOC
PLANNING & ZONING BOARD
'CITY OF DELRAY BEACH --- STAFF REPORT---
MEETING DATE: September 21, 1992
AGENDA ITEM: IV.B.
ITEM: Rezoning, Beach Parking Lots & Atlantic Dunes Park
from CF (Community Facilities) to OS (Open Spaces)
GENERAL DATA:
Owners ................... Palm Beach County, City of Delray Beach.
Agent .................... David C. Harden, City Manager.
City Land Use Plan ....... Community Facilities - Recreation
City Zoning .............. CF (Community Facilities)
Proposed Zoning .......... OS (Open Space)
Existing Land Use ........ Parks with attendant parking lots.
Proposed Improvement ..... None.
North Ocean Boulevard Parking Lotz
Location ................. West Side of Ocean Boulevard, north of Atlantic
Avenue.
Proper{y Size ............ 0.41 Acres
Adjacent Zoning...North: RM (Multiple Family Residential - Medium Density)
East: OS (Open Space)
South: CBD (Central Business District)
West: RM
Sandoway and Ingraham Parksz
Location ................. Northwest Corner of Atlantic Avenue and Ingraham
Street.
Property Size ............ 2.60 Acres
Adjacent Zoning...North: RM
East: OS
South: RM
West: RM
· Anchor Park=
Location ................. West side of Ocean Boulevard, north of Casurina Road.
Property Size ............ 2.50 Acres
Adjacent Zoning...North: RM
East: OS
South: RM
West: RM
Atlantic Dunes Park=
Location ................. East side Ocean Boulevard, north of Llnton
Boulevard.
Property Size ............ 7.00 Acres
Adjacent Zoning...North: R-1AA (Single Family Residential) and RM
East: None (Atlantic Ocean)
South: RM and R-1AA
West: R-1AA ~V.B.
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation
to the City Commission on a rezoning request from CF (Community
Facility) to OS (Open Space).
The subject properties include the following:
* Atlantic Dunes Park, located north of Linton Boulevard, on
the east and west sides of A-l-A;
* Sandoway Park and Ingraham Avenue Park, located south of
Atlantic Avenue, on the west side of A-l-A;
* Anchor Park, located north of Casuarina Road, on the west
side of A-l-A; and
* Ocean Boulevard Parking Lot, located north of Atlantic
Avenue, west of A-lA.
BACKGROUND:
In August of 1991, the Planning Department received a letter
(copy attached) from the Beach Property Owner's Association,
which expressed concerns relating to the potential for
commercial activities to be established in the beach parks given
allowance of an intercoastal cruise boat at Veteran's Park.
The beach parks are currently zoned CF (Community Facilities).
CF allows certain accessory uses which are commercial in nature,
such as food vendors. The Association wanted to protect the
parks from any commercial activities. A zoning designation of
OS (Open Space) would provide that protection.
The underlying land use for the parks is also CF. Until
recently, the OS (Open Space) zoning was not an allowable zoning
under the CF land use designation. In response to the Beach
Property Owner's letter, the use and the Zoning and Future Land
Use Map designations of the beach parks was considered at the
formative stages of Comprehensive Plan Amendment 92-1. The
result of that consideration was for the land use
designation/zoning matrix to be amended so that the OS (Open
Space) zoning would be consistent with the Community Facilities
land use designation.
A follow up to that action is to rezone the parks from CF
(Community Facilities) to OS (Open Space), which is the action
now before the Board.
P&Z Staff Report
Beach Parks Rezonings
Page 2
PROJECT DE SCRI T ION :
Atlantic Dunes Park contains 7 acres, includes a beach area,
approximately 114 parking spaces, rest rooms and a shelter.
Sandoway and Ingraham Avenue Park contains 2.6 acres and
approximately 124 parking spaces and rest rooms. Anchor Park
contains 2.5 acres, 84 parking spaces and rest rooms. The Ocean
Boulevard parking lot is not yet constructed. It will contain
0.4 acres and 29 parking spaces. The site of Fire Station #2
immediately to the west, will remain CF.
Note: The existing "North Beach Parking Lot" is zoned CBD. It
is to be demolished with the expansion of the Holiday Inn.
Therefore, is not included with this rezoning petition.
ZONING ANALYSIS:
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
This may be achieved through information on the
application, the staff report, or minutes. Findings shall
be made by the body which has the authority to approve or
deny the development application. These findings relate to
the following four areas.
Future Land Use Map: The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation.
The requested zoning change is from CF (Community Facility) to
OS (Open Space). The OS (Open Space) zoning designation is
deemed consistent with the Community Facilities land use
designation.
Concurrency: Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within the
Comprehensive Plan.
The proposed OS zoning will not have an impact on the level of
service standards, and will in fact lessen the likelihood of any
future development which would affect levels of service.
P&Z Staff Report
Beach Parks Rezonings
Page 3
Consistency: Compliance with the performance standards set
forth in Section 3.3.2 (Standards for Rezoning Actions) along
with required findings in Section 2.4.5(D)(5) (Rezoning Finding)
shall be the basis upon which a finding of overall consistency
is to be made. Other objectives and policies found in the
adopted Comprehensive Plan may be used in the making of a
finding~of overall consistency.
Section 3.3.2 (Standards for Rezoning Actions): The applicable
performance standards of Section 3.3.2 and other policies which
apply are as follows:
A) That rezoning to other than CF within stable residential
areas shall be denied. (Housing Element A-2.4)
The parks are located in stable residential neighborhoods. As
part of this proposal, the land use/zoning matrix was amended so
that the OS zoning is consistent with the Community Facilities
land use designation. It would be appropriate that the LDR's be
amended so that OS is added to this standard, as Open Space
permitted uses include cemeteries, water bodies, parks, etc.
which are appropriate uses within stable residential areas.
D) That the rezoning shall result in allowing land uses which
are deemed compatible with adjacent and nearby land uses
both existing and proposed; or that if an incompatibility
may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
The proposed Open Space zoning is more restrictive than the
current CF zoning designation. It will stabilize the current
uses, thus ensuring the parks continuing compatibility with the
adjacent land uses.
LDR COMPLIANCE:
Section 2.4.5(D)(5) (Rezoning Flnd~nqs):
Pursuant to Section 2.4.5(D)(1) (Findings), in addition to
provisions of Section 3.1.1, the City Commission must make a
finding that the rezoning fulfills one of the reasons for which
the rezoning change is being sought. These reasons include the
following:
a. That the zoning had previously been changed, or was
originally established, in error;
b. That there has been a change in circumstances which
make the current zoning inappropriate;
c. That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
P&Z Staff Report
Beach Parks Rezonings
Page 4
Item C above is the reason for which the rezoning change is
being sought, as the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that the proposed
zoning of OS is more restrictive than the current CF zone
designation, and therefore, is more appropriate for the parks
given their locations within stable residential neighborhoods.
Other:
A question may be raised as to how some of these parks with
stand alone parking lots are accommodated under the OS zoning
district. The OS district allows parks as a permitted use,
and parking lots as an accessory use [REF: Section 4.4.22]. In
this case the parking lots would be considered an accessory use
to the Municipal Beach Park.
There has been some discussion regarding a proposal to construct
a lifeguard station at Sandoway Park. Currently, this type of
use would not be allowed under the OS district. However, it
would be appropriate that the LDR'S be amended so that public
facilities associated with public needs be allowed as an
accessory use.
R E V I E W B Y 0 T H E'R S:
The rezoning is not in a geographic area requiring review by
either the HPB (Historic Preservation Board), DDA (Downtown
Development Authority) or the CRA ( Community Redevelopment
Agency).
Neighborhood Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject properties. A courtesy notice has
been sent to the Beach Property Owners Association and the Parks
and Recreation Department.
ASSESSMENT AND CONCLUSION:
The rezoning of the parks to Open Space will eliminate the
potential to accommodate commercial activities within the beach
parks, thus eliminating any potential to create an
incompatibility with the surrounding neighborhoods. The
requested zoning is of similar intensity as allowed under the
Future Land Use Map.
P&Z Staff Report
Beach Parks Rezonings
Page 5
ALTERNATIVE ACTIONS:
A. Continue with direction.
B. Recommend denial of the rezoning request based upon a
failure to make a~positive finding with respect to Chapter
3.3.2 (Compatibility), and that pursuant to Section
2.4.5(D)(5) the rezoning fails to fulfill at least one of
the reasons listed.
C. Recommend approval of the rezoning request based upon
positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of
the Comprehensive Plan, and Section 2.4.5(E)(5).
STAFF RECOMMENDATION:
Recommend approval of the rezoning request based upon positive
findings with respect to Chapter 3 (Performance Standards) of
the Land Development Regulations, policies of the Comprehensive
Plan, and Section 2.4.5(E)(5).
Attachments:
Location Maps
BPOA Letter of August, 1991
· 'BEA'CH PROPERTY OWNERS'
ASSOCIATION, INC.
P.O. BOX 375
'"~r'")," DELRAY BEACH, FLORIDA 33444
August 20, 1991
To the Mayor and City Commission
City of Delray Beach
Florida, 33444 -
This is to follow up on our request before the City Commission
on Tuesday evening, August 13, 1991 with respect to rezontng the
beach parks, Atlantic dunes, Sandoway, and Anchor, to carry the
same .zoning as the main public beach.
After informal discussion with several Commissioners, we felt
there was some agreement with our position to keep commercial
activities from the beach parks. There already are adequate
commercial facilities on the west side of State Road A1A in the
.. area of the Atlantic Avenue intersection; all other is residential.
To review the existing circumstances: The 1¼ mile main public
beach is already zoned OS. Atlantic Dunes Park (500 ft. beach) ts
presently zoned CF; but in our view should always have been zoned
OS because the north 400 ft. is a conservation area. It was
purchased by the city about 24 years ago, and when the beach park
was later developed by the County (which had later acquired the
remaining land now in the park) the 400 ft. property was preserved
~ as a natural beach hammock, while the southernmost 100 ft. is the
,! "working part" of the beach park. Sandoway and Anchor Parks, while
presently zoned CF, are only separated from the public beach by the
width of State Road AIA. The east curb marks the OS zoning line,
the west side of the road (no curb) at the present time marks CF
zoning.
Because commercial is now is allowed as a conditional use in
CF zone, the Beach Property Owners' Association makes the following
request: That the City Commission initiate the rezoning of Atlantic
Dunes, Sandoway, and Anchor Parks to OS, and also make the appropriate
Land Use Map changes. We request that the City commission also make
the following change to the LDR's to add accessory uses to OS:
Sec. 4.4.22 (C). Accessory, Uses and Structures Allowed: The
following types of use are allowed when a part of, or
accessory to, the principal use:
Follow-uE on BPOA August 13 request
ADD (5) Beach and lifeguard shelters and beach cabana service.
You will find a distinct similarity between the above proposed
(5) for beach parks, and the existing (4) which allows "Golf course
clubhouse, proshop, maintenance buildings" as an accessory use in OS.
(Please see attachment from the LDR's). Appropriate accessory uses
are thus provided in the LDR's for t~e open space golf course; we
believe the accessory uses essential to the public beaches ought to
be treated in the same way.
The Comprehensive Plan also treats both in the same way. In
Sec. G5 Future Land Use Map under Recreation and O~n Space Land Use
it'is stated, "Open space areas include ... beaches . golf courses
... etc." Also, "Public recreation areas which also ~v~ indoor ......
facilities (e.g. community centers) are more apt to be shown as
"Community Facilities". {Please see attachment from the Comprehensive
Plan). None of the beach parks has indoor facilities except for
restrooms, which are an allowed accessory use in OS zone.
We greatly appreciate you attention to this matter, which is
intended to protect the character of our beaches. We believe it also
will be appreciated by the many residents of this city who take such
pleasure and pride in the quality of our public beaches.
Thank you for this consideration.
Sincerely yours.
Elizabeth H.Matthews
Executive Director, BPOA
Copies to: City Manager J Planning Director
Parks and Recreation Director
PL'EASE"'NoTE-:--'~he Land Development Regulation Sec.4.4.22 (C)
Open Space (OS) District: Accessor~ Uses and
Structures Allowed does allow parking lots when
they are .part of the principal use, which in
this case is Parks. Therefore in Anchor and
Sandoway Park§ we are requesting that the entire
park area be OS, as ~ell as the parking lots at
Atlantic Duned Park and the interior'-handicap
parking.
Section 4.4.22 'Open Space (OS) District:'! ,
(A) Purpose and Intent: The Open Space (OS) Zone District
is established in order to most appropriately identify parcels of
land which are used primarily in an open space manner. Although
created to reflect ope~ space areas as shown on the Future Land
Use Map, the OS District may also be applied to portions of land
development projects which are primarily open space in nature
e.g. golf courses and water bodies.
(B) Principal --Uses -- and -- Structures Permitted: The
following types of use are allowed within the OS Dl~tric_t.
permitted use:
(1) 'Parks~ public or private
(2) Cemeteries
(3iL.Water[bodles, and/or water management tracts within
development projects.
(4) Excess parcels located along the Interstate
Highway System, Canals, and similar parcels which should be
retained for open space and aesthetic purposes.
(5) Golf Courses, Public or private'
(C) Accessor~-'Uses'and-Structures Allowed:'! The following
types of use are allowed when a part of, or accessory to, the
principal use:
( 1 ) Parking- l~ts' ~
(2) Restrooms, rest areas ..%
(3) Interpretative trails
(4) Golf---cours~ clubhouse, proshop,~sma£ntenance~-
buildings. ...... ~
(D) Conditional Uses and Structures Allowed: There are no
listed conditional uses in the OS District. If a use is so
contemplated, it may be more appropriate to seek CF District
zoning.
(E) Revie~w and Approval Process: The use of any land
within the OS District must be pursuant to a site and development
plan which has been approved by the Site Plan Review and
Appearance Board pursuant to Sections 2.4.5 (F), (H), and (I), as
appropriate.
4.4.71
Commerce: This designation is applied to property which is
developed, or is to be developed, in such a manner as to
accommodate a mix of industrial, service, and commercial
uses. This may be done either through development of
existing parcels or through a planned concept.
Zoning districts which are consistent with this land use
designation are: f
* Mixed Commercial and Industrial (MIC)
* Planned Commerce Center (PCC)
AGRICULTURAL LAND USE: There are no designat/ons _. ~o~
agricultural land use on the Future Land Use Map. The City of
Delray Beach Planning Area is an urbanized area with, in 1989,
over 87% of its land area developed. The long-term continuance
of existing agricultural operations is not compatible with the
urbanization which is occurring. Current agricultural uses (e.g.
nurseries, orange grove) shall be zoned as ART (Agricultural-
Residential TransitionS.
RECREATION'-&-'OPEN SPACE LAND USE:-*~. This designation applies t~%
public'-recreational areas (such as municipal parks), to open
space areas, and to conservation areas. Open space areas include
,canals, waterways, beaches, shores, estuarine systems,
%cOurses~ private open (common)-areas. within planned developments,
/,~ and undevelopable parcels. Public recreational areasWhlch"als~
have indoor= facilities (e.g..conzmunity~ centers) are more'
-be shown'as~"Communit¥ Facilities". The conservation properties
are those lands shown on the Conservation Map.. Land shown under.
this designation shall not be used for any purpose other than
, recreation, open space, or conservation.
Zoning districts which are consistent with this land use
designation are:
* Community Facilities (CF)
* Open Space (OS) (This zoning district is to be created
~ after adoption of the Comprehensive Plan)
CONSERVATION LAND USE: This designation applies to those
specific properties identified in the Conservation Element as
land to be preserved.. No other land use is appropriate. These
properties shall be either be placed into public ownership or
developed only as allowed by policies of the Conservation
Element. The are shown on the Future Land Use Map under the
Recreational and Open Space designation.
III-G-44
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # 12 6 - MEETING OF OCTOBER ~7, %~92
ORDINANCE NO. 95-9~
DATE: OCTOBER 23, 1992
This is first reading of an ordinance rezoning the North Ocean
Boulevard parking lot property located on th~ west side of Ocean
Boulevard, north of Atlantic Avenue from CF~ (Community Facilities)
zone district to OS (Open Space) zone district.
In August 1991, the Planning Department received a letter from the
Beach Property Owner's Association, which expressed concerns relative
to the potential for the establishment of commercial activities in the
beach parks given the allowance of cruise boat operations at Veteran's
Park.
CF zoning allows certain accessory uses which are commercial in
nature, such as food vendors. The proposed rezoning to OS would
protect ~the parks from commercial activities.
The Planning and Zoning Board at their September 21st meeting
recommended approval.
Recommend approval of Ordinance No. 55-92 on first reading.
RATON~DELRAY BEACH BOYNTON BEACH~ DEERFfELD BEACH ~ ~ ~
BOCA ~ ~ ~ ~ ~ c~
A
Published Daily ... ~ ,~ ,~ ~ ~,~
Monday through Sunday
Boca Baton, Palm Beach County, Florida
Delray Beach. Palm Beach County. Florida ~,ss,o.. T.~ c,.v
BEACH. FLORIDA. REZON~ AND
/ ZONED PRO (P~NNED RESIDE~
TIAL DEVELOPMENT) DISTRICT IN
STATE O~ ~LORIDA c~ tco~u~,.v ~c,u.~s,
COUNTY OF PALM EEACH ,,o. o~ *~E, o~,
AS ~RE PA~TICU~RLY DE-
~IBEO NER~IN; AND ~EN~
Before the undersigned authority personally RAYING 'ZONINGaEACH, FLORIDA,DISTRICT ~P,i~; PR~DEL'
V~DfNG A GENERAL ~EPEALER
appeared Nancy Smith. Inside Sales Man- c~us~, ~ s~v,~ c~us~.
A~ ~FF[CT~VE DAT~.
ager of The News. daily newspapers pub-
lished in Boca Baton in Palm Beach County, ~. o.o,.~.ct o~ ..~ c,~
Florida; that the attached copy o~ advertise- ~,ss,o. o~ ~.~ ~,T,
P~CI~G ~ND PReSEnTLY
ment was published in said newspapers in zo.~o c~ ~c~u.,.
~NG A ~ARCEL KNOW~ AS ~RTH
LOT. AS ~ PARTJCU~RLY
D ~ ,~G .~ O¢$TRICT .P, DEL-
RAY 8~ FL~fOA,
V~DI~G ~ ~AL
AN E;F~.
AN OR O~E
MISS~O~ CI~ O~ OELRAY
BEACH,~I~Z~ AND
PL~CIN~ ~ PRE~TLY
Affiant further says that The News is a zo.~om,~ ~.c,~,.
TIES) ~ 10~N
newspaper published in Boca Baton. in said s,,c~,~~,E.
~G SA~ ~E
PART~C~~ED
Palm Beach County. Florida. Monday ..E,.;~~,~
through Sunday. and has been entered as ~o~,o~ ..ov,~
second class matter at the post office in ~,.~ c~s~:~
TIVE ~3 '
Boca Baton, Palm Beach County, Florida,
for a period of one year next preceding the ~.o.,.~o~
first publication of the attached copy of
~CI~ ~Y
he has neither paid nor promised any s~.c~,
person, firm or corporation any discount. ~. ~.T,CU~
rebate, commission or refund for the pur-
pose of securing this advertisement for pub- ~'~'~ ~ ~"~
C~USE. ~ ~V~G C~USE. k~D
, lication in said newspapers. ~, EFFECTIVE D,TE.
~ ~ THE CITV
~ ~ SPACe) D~STRICT: ~lO
lNG A~R PARK, AS ~RE PAR-
TICU~RLY OE~RIBED HEREIN;
ANO ~ENDING ~l~
Sworn to and subscribed before me this ~o.,~. ,~; .~ov,o,~
~G C~USE. A~D ~ E~FECTSVE
AN 0ROINAN~ ~ THE CITY C~
BEACH. FL~;~ REZ~G
P~C;~ ~D P~E~E~TLY
Z0~ED ~F {C~UMJTY Fk~lLJ'
SPACE) D~STRICT; ~lO ~NO ~E-
lNG AT~NTIC ~NES P~RK,
( ~ ~ ~ 0 SCRIIED HEREIN; ANO
lNG ~{~ OISTRI~ ~P, ~L-
RAY B~CH, F~I~,
V~DING A GENERAL RE~ALER
_ Bonded Thru Service
CITY OF ~RAY ~EACH