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59-92 ORDINANCE NO. 59-92 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 ATLANTIC 'DUNES PARK, 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: The South 400.00 feet of the North 4680 feet lying East of State Road A-1-A and the South 100 feet of the North 2140 feet of Government Lot 4 east of State Road A~i-A, all lying in Section 21, Township 46 South, Range 43 East, Palm Beach County, Florida; TOGETHER WITH Lots 1 and 2, DELRAY BEACH SHORES, recorded in Plat Book 23, Page 167, of the Public Records of Palm Beach County, Florida. The subject property (Atlantic Dunes Park) is located north of Linton Boulevard, on the east and west sides of State Road A-1-A. The above-described parcel contains 7.00 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 Section 9, That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed.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 9, 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, Clerk First Reading October 27. 1993 Second Reading November 17, 1992 TAb(Tm YA~(t Idli ATLANTIC DUNES PARK UNTON BOULEVARD GRANADA SANTIAGO CANAL BEACH PARKS R£ZONINGS TRII(IOAD CAN&L MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~! SUBJECT: AGENDA ITEM $ /O ~ _ MEETING OF NOVEMBER 17. 1992 Q~DINANCE NO. 59-92 DATE: November 13, 1992 This is second reading of an ordinance rezoning the Atlantic Dunes Park property located on the east side of Ocean Boulevard, north of Linton Boulevard 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. 59-92 on second and final reading. ORDINANCE NO. 59-92 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 ATLANTIC ~DUNES PARK, 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: ~ection 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: The South 400.00 feet of the North 4680 feet lying East of State Road A~I-A and the South 100 feet of the North 2140 feet of Government Lot 4 east of State Road A-I~A, all lying in Section 21, Township 46 South, Range 43 East, Palm Beach County, Florida; TOGETHER WITH Lots ! and 2, DELRAY BEACH SHORES, recorded in Plat Book 23, Page 167, of the Public Records of Palm Beach County, Florida. The subject property (Atlantic Dunes Park) is located north of Linton Boulevard, on the east and west sides of State Road A-1-A. The above-described parcel contains 7.00 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~lerk ' First Reading October 27. 1992 Second ReadinE November 17, 1992 T&~ ILgli ATL),HT1C DUNES PARK UNTON ROUL_rVARD GRANADA CAI4AL m.-~am~ mmw Z ~NI~]AGO ~qAL BEACH PARKS REZONINGS TRI)~IDAO CANAL MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS - FROM: CITY MANAGER SUBJECT: AGENDA ITEM ~ i~~ - MEETING OF OCTOBER 27. 1992 ORDINANCE NO. 59-92 DATE: OCTOBER 23, 1992 This is'first reading of an ordinance rezoning the Atlantic Dunes Park property located on the east side of Ocean Boulevard, north of Linton Boulevard 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. 59-92 on first reading. RATON · DELR^Y BOYNTON BEACH~ DEF, RFIELD BEACH ~~ ~goseds~ ~1[ ~ ~r~v~.~ i~ DOCA AN ~NA~E ~ THE CITY C~ ~ ~ ~e ~ ~ C~ Cl~ af M~ ~ T~E ~TY ~ ~Y C[~ ~all, I~ N.W. TSf ~, Published Daily T~ES, .,ST.,~ ,. ~ ~o~. .,,- ~ ..~ .~ - ~. *,. Monday through Sunday ~ct)l,¢ ~,m*~DlSTalCT;~alO P~,~o ~E-~ Boca Baton. Palm Beach County, Florida rm,~O'~tH~[IN;F~TICU~RLYA~ ~'~' ~ING ~TRICT ~P, ~ i, OROI,A~E OF THE CiTY Delray Beach, Palm Beach County. Florida ~ .~c. ~m~ ~ ~ ~,ss,o. ~ ..~ c,,. OF ~ ~ ~L RE~R~ 8E~C~, FLORIDA. REZO~I~G ~, A ~VING C~, ~ P~CING ~NO ~RESENTCY ~FF[CTI~. IONEO ~[0 {~N~EO RESIDEN- COUNTY OF PALM BEACH ~ m ~ m~ ~ ~m .,~ ~ ~.8~. ~A. ~ ~ ~, ~ ~ AS ~RE PA~T~CU~RLY DE- ~ ~ a r~ M ~ ~ ~RIBED HERE~N; AND Before the undersigned authority personally ~ my~m~.~-~ ~ m~ ~ ~ w- ~AY*° ~NOe~ACH, ~CO~OA,O~STR~CT ~,t~; ~e* appeared Nancy Smith. Inside Sales Man- ~"~ ~ '~ ~ ~ ~w~~ls C~USE, a ~WNG C~USE, AND ~ ~ ~. T~ C~ ~ ~ ~ AN EPFECT~VE ager of The News. daily newspapors pub- -~,-,~ ~. ~ ~ lished in Boca Raton in Palm Beach County, c,..m.~..~c~ ~.o..,.a~ o~ ..~c,.. c~ Florida; that the attached copy of advertise- ~,~~ .ss,~o~,.~ C,T~ o~ C~C~k BEACH. FLOR~Dm REZONI~G AND merit was published in said newspapers in ~,~:~.~,~ ~o~ ~, tc~o~,,, ~o~,. T~ Nffi · ; TIES) DISTRICT IN OS (OPE~ LOT, ~ ~ PARTICU~RLY DE- O O ,NG~ DISTRICT ~P, DEL- RAYB~ FL~)~, )~; WD~NO ~ ~AL REPEALER C~USE,~, ~ C~USE, AN ORD~ ~ ~E CITY C~ MISSI~'~ CI~ O~ DELRAY 8EACH, ~I~EZ~iNG AND PL~CIN~ ~ P~ESENTLY Affiant further says that The News is a ~o.~.m~ newspaper published in Boca Baton. in said s..m~-~.,~o ~~ ~.~ PA~TPC~ISED Palm Beach County Florida. Monday .~,.;~.-~,~ through Sunday. and has been entered as ~to,,o~-,~ ~,~ GENERAL REP~R ~, second class matter at the post office in s,v,,o Boca Baton, Palm Beach County. Florida. for a period of one year next preceding the A.~o,..~o~..~c,. ~ first publication of the attached copy of advertisement; and affiant further says that zo.~ c,~.~ he has neither paid nor promised any S.ACE, O,S~~ person, firm or corporation any discount. ~o.E ,*,T.CU~,~, ~RIBED ~REIN; AND rebate, commission or refund for the pur- RAY ~CH, FL~ID~ ~; ~ pose of securing this advertisement for pub- ~,o,~ . o~.~.~ , lication in said newspapers. TIES) DISTR}CT ~N ~ /~ ~ ~ SPACE) DISTRICT; ~ID ~D Sworn to and subscribed before me this ~[o.,oA, .; P.ov,o,~ ~ ERAL REP~LER C~USE, A ~V- I~ C~USE, A~D Ag EFFECTIVE dayof ~V,,A.D., 19 ~'~' 8EACH, FLORI~, REZ~I~ AND P~C~ ~ND ~ESE~TLY Z~ED CF ~C~UNITY ~ACILI- TIES) DISTRICT I~ ~ ~O~ SPACe) DISTRICT; ~)D ~ND lNG AT~TIC ~NE$ PARK, (Seal, No.fy PubliCo of Flortdaat large) I [ sc.reED .~.~,.; *.o CHARLENE ,,o ,,,,,,c, missio Bonded Thru Servic My Com Mv Comm. Exp. 5 3 94