Loading...
63-91 ORDINANCE NO. 63-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1AA (SINGLE FAMILY RESIDENTIAL) DISTRICT IN OS (OPEN SPACE) DISTRICT; SAID LAND IS LOCATED WITHIN THE DEL AIRE GOLF CLUB SUBDIVISION; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING 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 Delray Beach, Florida, to-wit: Tracts C, D and F of Del Aire Golf Club (Less Tract E) as recorded in Plat Book 37, Pages 1-4, of the Public Records of Palm Beach County, Florida Together with Tracts G and H of Del Aire Golf Club First Addition, as recorded in Plat Book 37, Pages 163-166, of the Public Records of Palm Beach County, Florida Together with Tract M, Del Aire Golf Club Second Addition as recorded in Plat Book 39, Pages 66 and 67, of the Public Records of Palm Beach County, Florida. The above described parcel contains a 198.87 acre parcel 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 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed.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 imme- diately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 24th day of September , 1991. ATTEST: ~ First Reading September 10, 1991 Second Reading September 24, 1991 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM ~O ~ - MEETING OF SEPTEMBER 24, 1991 ORDINANCE NO. 63-91 DATE: September 20, 1991 This is a second reading of an ordinance rezoning the golf course property located within the Del Aire Golf Club subdivision from R-1AA (Single Family Residential) to OS (Open Space) zone district and amending the Official Zoning Map. The subject property is 198.87 acres comprised of the Del Aire Golf Course (27 holes). The Golf Club, Clubhouse, Pro Shop and Recreation Center are excluded and will retain the R-1AA (Single Family Residential) zoning designation. The property is located east of Military Trail, north of the L-38 Canal. The purpose of the rezoning is to create consistency between the existing Future Land Use Map designation of Recreation and Open Space and the zoning of the subject property. This item was one of two alternative City initiated actions proposed in Comprehensive Plan Amendment 91-1 in order to resolve the present Future Land Use Map/Zoning Designation inconsistency. The rezoning proposal and the alternative proposal to amend the Future Land Use Map from Recreation and Open Space to Low Density Residential were considered by the Planning and Zoning Board at their meeting of April 15, 1991. At this meeting, the Board of Directors of the Del Aire Golf Course requested that the golf course be rezoned to Open Space with the Future Land Use Map designation of Recreation and Open Space being retained. This request was unanimously approved by the Planning and Zoning Board and forwarded to the City Commission for consideration. At your April 30, 1991 meeting the Commission concurred with this recommendation and directed staff to proceed with the rezoning. As a result no further consideration of the Future Land Use Map amendment is necessary and the rezoning may proceed as a separate item. Additionally, further review by the Planning and Zoning Board is not required as the proposed rezoning is consistent with their recommendation of April 15th. A minor discrepancy still exists between the present Future Land Use Map designation of Open Space and Recreation and the current zoning of R-1AA (Single Family Residential) for the Golf Club, Clubhouse, Pro Shop and Recreation Center. However, the present use of this property is an allowable conditional use in the R-1AA district. This discrepancy will be addressed with Amendment 92-1, either through an amendment to the Future Land Use Map, or a modification to the description of the Recreation and Open Space land use designation in the Comprehensive Plan. Recommend approval of Ordinance No. 63-91 on second and final reading. ORDINANCE NO. 63-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1AA (SINGLE FAMILY RESIDENTIAL) DISTRICT IN OS (OPEN SPACE) DISTRICT; SAID LAND IS LOCATED WITHIN THE DEL AIRE GOLF CLUB SUBDIVISION; AND AMENDING "ZONING DISTRICT MAp, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING 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 Delray Beach, Florida, to-wit: Tracts C, D and F of Del Aire Golf Club (Less Tract E) as recorded in Plat Book 37, Pages 1-4, of the Public Records of Palm Beach County, Florida Together with Tracts G and H of Del Aire Golf Club First Addition, as recorded in Plat Book 37, Pages 163-166, of the Public Records of Palm Beach County, Florida Together with Tract M, Del Aire Golf Club Second Addition as recorded in Plat Book 39, Pages 66 and 67, of the Public Records of 'Palm Beach County, Florida. The above described parcel contains a 198.87 acre parcel 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 imme- diately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of , 1991. MAYOR ATTE S T: City Clerk First Reading Second Reading CITY COMMISSION DOCUMENTATION TO: //~~ID T. HARDEN, CITY MANAGER DEPARTMENT OF PLANNING AND ZONING FROM: STAN WEEDON, PLANNER III..~ SUBJECT: MEETING OF SEPTEMBER 10, 1991 DEL-AIRE GOLF COURSE REZONING ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is approval of a City initiated rezoning of the Del-Aire Golf Course from R-1AA (Single Family Residential) to OS (Open Space). The subject property is 198.87 acres comprised of the Del-Aire Golf Course (27 holes), which excludes the Golf Club/Clubhouse/Pro Shop/Recreation Center. The property is located east of Military Trail north of the L-38 Canal. The purpose of the rezoning is to create consistency between the existing Future Land Use Map designation of Recreation & Open Space and the zoning of the subject property. BACKGROUND/HISTORY: This item was one of two alternative City initiated actions proposed in Comprehensive Plan Amendment 91-1 to resolve the present Future Land Use Map/Zoning Designation inconsistency. The rezoning proposal and the alternative proposal to amend the Future Land Use Map from Recreation & Open Space to Low Density Residential were considered by the Planning and Zoning Board at their meeting of April 15, 1991. At this meeting, the Board of Directors of the Del-Aire Golf Course requested that the golf course be rezoned to Open Space (OS) and the Future Land Use Map designation of Recreation & Open Space be retained. This request was unanimously approved by the Planning and Zoning Board and forwarded to the City Commission for consideration. At the meeting of APril 30, 1991, th~ City Commission concurred with this recommendation and directed that staff proceed with the rezoning. City Commission Documentation Del-Aire Golf Course Rezoning Meeting Date: September 10, 199i Page 2 The result of these actions is that no further consideration of the Future Land Use Map amendment is,necessary and the rezoning may proceed as a separate item as it is no longer tied to any actions included in Comprehensive Plan Amendment 91-1. There is no need for the item to return to the Planning and Zoning Board for further consideration as the proposed rezoning is consistent with their recommendation of April 15, 1991. A minor discrepancy still exists between the present FLUM designation (Open Space and Recreation "Recreation") and the current zoning (R-IA, Residential) of the Golf Club/Clubhouse/Pro Shop/Recreation Center. The present use of this property is an allowable conditional use in the R-lA district so the use is consistent with the zoning. This discrepancy will be addressed with Amendment 92-1 either through an amendment to the Future Land Use Map or a modification to the description of the Recreation and Open Space land use designation in the Comprehensive Plan. ALTERNATIVE ACTIONS: The Commission may: 1. Approve the rezoning of the Del-Aire Golf Course from R-1AA (Single Family Residential) to OS (Open Space), or 2. Deny the proposed rezoning with alternative direction to staff. RECOMMENDED ACTION: That the City Commission approve the rezoning of the Del-Aire Golf Course from R-1AA (Single Family Residential) to OS (Open Space). C: File 91-065 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM ~ ~ D - MEETING OF SEPTEMBER 10, 1991 ORDINANCE NO. 63-91 DATE: September 6, 1991 This is a first reading of an ordinance rezoning the golf course property located within the Del Aire Golf Club subdivision from R-1AA (Single Family Residential) to OS (Open Space) zone district and amending the Official Zoning Map. The subject property is 198.87 acres comprising the Del Aire Golf Course (27 holes). The Golf Club, Clubhouse, Pro Shop and Recreation Center are excluded and will retain the R-1AA (Single Family Residential) zoning designation. The property is located east of Military Trail, north of the L-38 Canal. The purpose of the rezoning is to create consistency between the existing Future Land Use Map designation of Recreation and Open Space and the zoning of the subject property. This item was one of two alternative City initiated actions proposed in Comprehensive Plan Amendment 91-1 in order to resolve the present Future Land Use Map/Zoning Designation inconsistency. The rezoning proposal and the alternative proposal to amend the Future Land Use Map from Recreation and Open Space to Low Density Residential were considered by the Planning and Zoning Board at their meeting of April 15, 1991. At this meeting, the Board of Directors of the Del Aire Golf Course requested that the golf course be rezoned to Open Space with the Future Land Use Map designation of Recreation and Open Space being retained. This request was unanimously approved by the Planning and Zoning Board and forwarded to the City Commission for consideration. At your April 30, 1991 meeting the Commission concurred with this recommendation and directed staff to proceed with the rezoning. As a result no further consideration of the Future Land Use Map amendment is necessary and the rezoning may proceed as a separate item. Additionally, further review by the Planning and Zoning Board is not required as the proposed rezoning is consistent with their recommendation of April 15th. A minor discrepancy still exists between the present Future Land Use Map designation of Open Space and Recreation and the current zoning of R-iAA (Single Family Residential) for the Golf Club, Clubhouse, Pro Shop and Recreation Center. However, the present use of this property is an allowable conditional use in the R-1AA district. This discrepancy will be addressed with Amendment 92-1, either through an amendment to the Future Land Use Map, or a modification to the description of the Recreation and Open Space land use designation in the Comprehensive Plan. Recommend approval of Ordinance No. 63-91 on first reading. ORDINANCE NO. 63-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1AA (SINGLE FAMILY RESIDENTIAL) DISTRICT IN OS (OPEN SPACE) DISTRICT; SAID LAND IS LOCATED WITHIN THE DEL AIRE GOLF CLUB SUBDIVISION; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING 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 Delray Beach, Florida, to-wit: Tracts C, D and F of Del Aire Golf Club (Less Tract E) as recorded in Plat Book 37, Pages 1-4, of the Public Records of Palm Beach County, Florida Together with Tracts G and H of Del Aire Golf Club First Addition, as recorded in Plat Book 37, Pages 163-166, of the Public Records of Palm Beach County, Florida Together with Tract M, Del Aire Golf Club Second Addition as recorded in Plat Book 39, Pages 66 and 67, of the Public Records of Palm Beach County, Florida. The above described parcel contains a 198.87 acre parcel 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 imme- diately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of , 1991. MAYOR ATTEST: City Clerk First Reading Second Reading C I TY COMM I S S I ON DOCUMENTAT I ON TO: ~ T. HARDEN, CITY MANAGER THRU~~ DEPARTMENT OF PLANNING AND ZONING FROM: STAN WEEDON, PLANNER III.,~ SUBJECT: MEETING OF SEPTEMBER 10, 1991 DEL-AIRE GOLF COURSE REZONING ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is approval of a City initiated rezoning of the Del-Aire Golf Course from R-1AA (Single Family Residential) to OS (Open Space). The subject property is 198.87 acres comprised of the Del-Aire Golf Course (27 holes), which excludes the Golf Club/Clubhouse/Pro Shop/Recreation Center. The property is located east of Military Trail north of the L-38 Canal. The purpose of the rezoning is to create consistency between the existing Future Land Use Map designation of Recreation & Open Space and the zoning of the subject property. BACKGROUND/HISTORY: This item was one of two alternative City initiated actions proposed in Comprehensive Plan Amendment 91-1 to resolve the present Future Land Use Map/Zoning Designation inconsistency. The rezoning proposal and the alternative proposal to amend the Future Land Use Map from Recreation & Open Space to Low Density Residential were considered by the Planning and Zoning Board at their meeting of April 15, 1991. At this meeting, the Board of Directors of the Del-Aire Golf Course requested that the golf course be rezoned to Open Space (OS) and the Future Land Use Map designation of Recreation & Open Space be retained. This request was unanimously approved by the Planning and Zoning Board and forwarded to the City Commission for consideration. At the meeting of April 30, 1991, th~ City Commission concurred with this recommendation and directed that staff proceed with the rezoning. City Commission Documentation Del-Aire Golf Course Rezoning Meeting Date: September 10, 1991 Page 2 The result of these actions is that no further consideration of the Future Land Use Map amendment is necessary and the rezoning may proceed as a separate item as it is no longer tied to any actions included in Comprehensive Plan Amendment 91-1. There is no need for the item to return to the Planning and Zoning Board for further consideration as the proposed rezoning is consistent with their recommendation of April 15, 1991. A minor discrepancy still exists between the present FLUM designation (Open Space and Recreation "Recreation") and the current zoning (R-lA, Residential) of the Golf Club/Clubhouse/Pro Shop/Recreation Center. The present use of this property is an allowable conditional use in the R-lA district so the use is consistent with the zoning. This discrepancy will be addressed with Amendment 92-1 either through an amendment to the Future Land Use Map or a modification to the description of the Recreation and Open Space land use designation in the Comprehensive Plan. ALTERNATIVE ACTIONS: The Commission may: 1. Approve the rezoning of the Del-Aire Golf Course from R-1AA (Single Family Residential) to OS (Open Space), or 2. Deny the proposed rezoning with alternative direction to staff. RECOMMENDED ACTION: That the City Commission approve the rezoning of the Del-Aire Golf Course from R-1AA (Single Family Residential) to OS (Open Space). C: File 91-065 BOCA BATON NEWS DELRAY BEACH NEWS BOYNTON BEACH NEWS Published Daily ~:~ ~.~.. ~.., ~, .~. ~ Monday thru Sunday m.~, ~ ~ ~ ~ Ci~ C~ C~ ~ Delray Beach. Palm Beach County, Florida ~ ~ ~ ~ ',- TM v~ ~ i~ ~ M ~ ~ r~ OF THE ~ND OEVELOPMENT COU~T~ OF PALM B~C~ ~~~ ~EGU~T~ ~ ~s CO~ OF ORDINANCE~ ~ THE CI~ Before the undeFsigned authority personally ~m~ oa.~.ow~ ~."~c"'..~.s~°"'"~ ~o. AN 0RDINA~E ~ THE O~ ~ 0BTAINI~ RELIEP FR~ ER- appeared NANCY WA~ who on oath says that she ~,~ ~ ~s c~ ~ ~n~ ~o.s ~. t.~ ~.. ~V~- BEACH, ~LORI~ ~RR~TI~ 0P~NT R~U~TI~ ~lCH is the Classified Advertising ManageF of the Boca ~ ~o.,~ c~s~,~T~ ~ .ov.~E.t~ c.~ ~ND LYING A~ BEI~ IN ~- ~R~IP; PRO~IDi~ A GENER. Baton News and the Delray Beach News. daily ~o. ~ ~..~.t ~.~ s~ ~ ~ ..~. c~.se IN PART, T~IP ~ ~TH, I~ A ~ C~USE; PROVI~ newspapers published at Boca Baton in Palm ,,~ n E~ ,~ .~H I~ AN ~FF~CTIVE ~TE. advertisement was published in said newspapers ~, RE$1DE~IAL) DISTRICT; SAID AN ~DI~E OF THE CITY C~ ~ND IS L~TED ~ THE ~UTH Mi~l~ ~ THE CITY ~ DEL~Y in the issues of: s~ ~ WEST AT~NTIC ArENa, BEACH, FC~I~ MENDI~ Ti- BET~EN MiLiTARY TRAIL ANO TLE Xl, ~USINE~ REGU~T)~. THE E J ~ ~KE ~TH DRAI~ CHAPTER 117, ~NDL~D PER. ~ / RECTI~ ~ING ~P ~ DEL. NA~ ~ THE Cl~ ~ OELRAY - RAY B~CH, FLOR)~ )~; PR~ B~. FLORI~ BY ~ENDtNG ~ VIDI~ A G~NE~ REP~kER SE~I~ 111~ ~]T FEE~, TO C~E: PR~IDI~ A ~VI~ I~ THE ~R UNIT , C~USE: PROVIDI~ AN EFFEC- F~ ~ ~ PE~IT FEE~ TIVE DATE. PR~IO(~ A ~VI~ C~USE; PROVIDI~ A GENE~L ~~ ER C~U~; ~IDI~ AN E~ FE~IVE ~TE. AN ORDINANCE OF THE CITY C~ Mi~(ON OF [HE C;TY OF ~L~Y Affiant further says that the said Boca Baton THE Z0N,NG C~IFI~TI~ F~ LOTS · TH~U ~ ~LU$IM~ MI~ ~ TH~ ¢1~ 0F 0~L~AY News and Delray Beach News are newspapers pub- .~xE ,, .,o ~ ... ~. K~c., ~o.,~ ~.0,.~ t,. lished at Boca Raton, in said P~m Beach County, s.E. I~H STREET A~S.E. ~HA~ 51, ~ARbGE ~D T~, ENUE (~TH~ND FEOE~ THE ~ ~ ~DI~ES Florida. Monday t~ough Sunday. and have been C~EKIALI~IGHWAY) FR~mSTRtC ~ IOeNEm IT0 AC l THEFL~i~CITVBy ~ENOIN~LRAY BE~C,, entered as second class matter at the post office in (~.r~,L~ .~.ED c~l AND C~.GE~. SECTION MERCIAL~ DISTRI~; ~0 C~-I ~EGU~R CHARGES LEV E~, T0 Boca Baton. Palm Beach County. Florida. for ape- RAY BEACH. F~0R,D& ,~; P.~ ~ BA~E AND ~ SERY,CE riod Of one year next preceding the f~st pubHca- v,o,~ ~ GENERA~ 'E~E"/ C.AKES AN0 .ES ~0~ C~USE; P~OV~DJNG A ~VI~ ~ DENTIAL SERVICE; TO PROVIDE TtVE ~TE. ~ T~ ~RVJCE C~ARGE$ AND / FEEl F~ C~RCl~ SER- affiant further says that she has neither paid nor ~m~ , vl~, tO ~f~ F0. AN CR~E ,N ~E FEE F~ promised any person, f~m or corporation any dis- AN 0. D,.A~. ~ r.E ~ C~ ~N.,a CUS.~.S ~0. count, rebate, commission or refund for the p~- ~'"~ ~ T~ CIW ~L~AY CLI~ ~C~ PR~IDI~ THE Z~i~ C~SSIFI~TI~ FOR ~f~ A ~Vl~ pose of securing t~s advertisement for publication A PA.~ ~ ~N0 L~TEO~ in said newspapers. ~.E ~. S,DE ~ S.W. ,T. WARD, 8~EN I~ERSTATE ~ ~ ~ M ~ ~ ~ AND LW, ~N TER~ ~ ~E ~ ~ ~ C~ ~ ~m r~ PARTICU~LY ~IIED ~ M ~ W ~ it ~ HEREIN, F~ ~ (O~N SPKE) ~ ~ ~ ~ ~ 4?? ,:, LY REliaNTlY) D~TI~; ~ ~ ~ ~ ~ ~ ~ ER ~; ~1~ A ~Vl~ ~ ~ ~ ~ ~ ~ ~ Tl~ ~. ~e ~ r~. ~ ~ F.S. Swam to and subscribed before me this .., .~- . , ~,,-- ~-~;, ~ ,I ~'"~' ~CH, FU~I~ R~IK A~D ~ P~O~ ~ND ~E~LY } PUbLiSH: ~ 14, lffl _~E~ R-~ (SI~E F~ILY~ THENE~