Loading...
69-91 ORDINANCE NO. 69-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RR (RURAL RESIDENTIAL) DISTRICT IN OS (OPEN SPACE) DISTRICT; SAID LAND LYING ALONG THE EAST SIDE OF INTERSTATE 95 BETWEEN AUDUBON BOULEVARD AND THE C-15 CANAL, AS MORE PARTICULARLY DESCRIBED HEREIN; 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: The South 3/4 of the Southeast One-Quarter (S.E. 1/4) lying East of the Seaboard Airline Railroad Right-of-Way (Less 1-95 Right-of-Way and the South 120 feet) lying in Section 30, Township 46 South, Range 43 East, Palm Beach County, Florida. The above described parcel contains an 8.76 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 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed.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 8th day of October , 1991. ATTEST: ~it~ Cioz~ First Reading September 24, 1991 Second Reading October 8, 1991 BOCA RATON'~'DELRAY BEACH BOYNTON BEACH~ DEERFIELD BEACI'! Published Dally Monday through Sunday Boca Baton, Palm Beach County, Florida Delray Beach, Palm Beach County, Florida STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally '~,c ~R,~ .,.'"~'' appeared Robert Hi]ton, Vice President of Marketing of The News, daily newspapers published in Boca Baton in Palm Beach .M., County, Florida; that the attached copy of advertisement was published in said news- ~. ,.. papers in the issues of: ~ ~ ~E 'OF ~ Ci~ M~ ~ T~ CiTY ~ DELRAY ~, FL~I~ A~ING ~- -T~ ~ C~EHENSiVE ~NT ~1 ~RSUANT TO ~ ~OVISI~S. ~ THE ~ENT C~PREHENSIVE ~ING AND ~ND DEVELOP.: M~ R~U~T~ ACT,' FLORI- ~ STATUTES ~i~S Affiant further says that The News is a ~, ~ i~LUSIVE; I~ newspaper published in Boca Raton, in said ~ .,;~,..s A,. ~F ~ ~ THE INDEX, CONSERV~ Palm Beach County, Florida, Monday Tm EL~,T, PU.LIC through Sunday, and has been entered as AT~ E~ENT, ~t~ E~- second class matter at the post office in E~ENT, ~ND U~E EL~E~, CAPITAL fMP~E~ENT5 ELE. ~TI~ Boca Raton, Palm Beach County, Florida, ~,,, A~ ,~T.~...~E. T~ C~DINAT~ EL~E~, for a period of one year next preceding the ~. u~ AN ~MENT ~ first publication of the attached copy of wu~.u~.~s~ advertisement; and affiant further says that ~s TO THE FUTURE ~ND u~ ~P ~R EIGHT (I) PAR~LS 1~3~ person, firm or corporation any discount, ~,.~...,~., ~o.,~.~.,.~,, ~'c'~~:l rebate, commission or refund for the pur- ~An, v, ~E~RES , ~]T~)~ AND EVALUAT$~ [ ~08~ of 8OOU~ ~hi8 ~dvo~8o~o~ fop pQb- ~ T,E UN'; ~ND ~N~U~K I 8~tEV~ "~ '~PREHENSIVE P~N, CO~ [ CENTER, ~ATI~ E~NT, PUBLIC ~ I E~; AND ~APITAL I~ , ~NTS ELEMENT; ALL ~ PARTICU~RLY DE- Sworn to and subscribed before me t~ls ~mM ~ hM ~ ~M I ~ND PRESENTLY I · ~ IN ~ (~N SPACE)I ~ ' ~ICT; ~lD ~ND ~Y~NG I ~ 8ET~EN AUDUBON I ~8LISH:~ ~ARD ~D THE C-15 C~ I THE ~RIBED HEREIN ~O ~EN~J (8oal, ~og~y Public, My Commission MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM # 10~ - MEETIN__G OF OCTO~BER 8, 1991 ORDINANCE NO. 69-91 DATE: October 4, 1991 This is a second reading of an ordinance rezoning property located on the east side of of 1-95 between Audubon Boulevard, if extended west and the C-15 Canal, known as the 1-95 Conservation Parcel from RR (Rural Residential) zone district to OS (Open Space) zone district. This action is in conjunction with adoption of Comprehensive Plan Amendment 91-1. The Planning and Zoning Board formally reviewed this item at its public hearing in April 1991, and recommended approval. Recommend approval of Ordinance No. 69-91 on second and final reading. CITY COMMISSION DOCUMENTATION TO: /-'--~D~VID HARDEN, CITY MANAGER ~ ~ KOVA~S, DIRECTOR FROM: DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF SEPTEMBER 24, 1991 REZONINGS ASSOCIATED WITH COMPREHENSIVE PLAN 91-1 ACTION REQUESTED OF THE COmmISSION: The action requested of the City Commission 'is that of approval of three ordinances which enact specific rezonings which are associated with changes to the Future Land Use Map which are being approved as a part of Comprehensive Plan Amendment 91-1. BACKGROUND: The associated rezoning actions are: 1. Parcel along 1-95 (Palm Beach County) from RR to OS (City Initiated). 2. Gwynn property, north of George Bush Boulevard, from RM to RO. 3. Delray Town Center, Phase II, from PC-S to PC and OS. Each of these rezoning actions requires a separate ordinance. Formal public hearings with neighborhood notice were conducted by the Planning and Zoning Board in April concurrently with consideration of the associated Future Land Use Map Amendments. For each City initiated rezoning, the affected property owner must receive special notice 30 days prior to ~he public hearing which is held concurrent with second reading. That nearing date has been set for October 8th and notices have been provided. For those rezonings which were initiated by the property owner, the special 30 day notice is not required. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed these items at its public hearing in April. At that time, they recommended denial of the Gwynn request and approval of the others. Subsequently, the City Commission proceeded with the Gwynn land use map amendment (Residential to Transitional); ~nus, accommodating this rezoning action. City Commission Documentation Rezonings Associated with Comprehensive Plan 91-1 Page 2 RECOMMENDED ACTION: By motion, approval of each ordinance on first reading. DJK/%85/CCRZPLAN.TXT ORDINANCE NO. 69-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RR (RURAL RESIDENTIAL) DISTRICT IN OS (OPEN SPACE) DISTRICT; SAID LAND LYING ALONG THE EAST SIDE OF INTERSTATE 95 BETWEEN AUDUBON BOULEVARD AND THE C-15 CANAL, AS MORE PARTICULARLY DESCRIBED HEREIN; 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: The South 3/4 of the Southeast One-Quarter (S.E. 1/4) lying East of the Seaboard Airline Railroad Right-of-Way (Less 1-95 Right-of-Way and the South 120 feet) lying in Section 30, Township 46 South, Range 43 East, Palm Beach County, Florida. The above described parcel contains an 8.76 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 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~I SUBJ'ECT: AGENDA ITEM ~ I~ - MEETING OF SEPTEMBER 24, 1991 ORDINANCE NO. 69-91 DATE: September 20, 1991 This is a first reading of an ordinance rezoning property located on the east side of 1-95 between Audubon Boulevard, if extended west and the C-15 Canal, known as the 1-95 Conservation Parcel from RR (Rural Residential) zone district to OS (Open Space) zone district. This action is in conjunction with adoption of Comprehensive Plan Amendment 91-1. The Planning and Zoning Board formally reviewed this item at its public hearing in April and recommended approval. Recommend approval of Ordinance No. 69-91 on first reading. ORDINANCE NO. 69-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RR (RURAL RESIDENTIAL) DISTRICT IN OS (OPEN SPACE) DISTRICT; SAID LAND LYING ALONG THE EAST SIDE OF INTERSTATE 95 BETWEEN AUDUBON BOULEVARD AND THE C-15 CANAL, AS MORE PARTICULARLY DESCRIBED HEREIN; 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: The South 3/4 of the Southeast One-Quarter (S.E. 1/4) lying p East of the Seaboard Airline Railroad Right-of-Way (Less 1-95 Right-of-Way and the South 120 feet) lying in Section 30, Township 46 South, Range 43 East, Palm Beach County, Florida. The above described parcel contains an 8.76 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 CITY COMMISSION DOCUMENTATION TO:, ~~.ID HARDEN, CITY MANAGER FROM: DA-VID J. KfYTA~S, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF SEPTEMBER 24, 1991 REZONINGS ASSOCIATED WITH COMPREHENSIVE PLAN 91-1 ACTION REQUESTED OF THE COI~ISSION: The action requested of the City Commission is that of approval of three ordinances which enact specific rezonings which are associated with changes to the Future Land Use Map which are being approved as a part of Comprehensive Plan Amendment 91-1. BACKGROUND: The associated rezoning actions are: 1. Parcel along 1-95 (Palm Beach County) from RR to OS (City Initiated). 2. Gwynn property, north of George Bush Boulevard, from RM to RO. 3. Delray Town Center, Phase II, from PC-S to PC and OS. Each of these rezoning actions requires a separate ordinance. Formal public hearings with neighborhood notice were conducted by the Planning and Zoning Board in April concurrently with consideration of the associated Future Land Use Map Amendments. For each City initiated rezoning, the affected property owner must receive special notice 30 days prior to the public hearing which is held concurrent with second reading. That hearing date has been set for October 8th and notices have been provided. For those rezonings which were initiated by the property owner, the special 30 day notice is not required. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed these items at its public hearing in April. At that time, they recommended denial of the Gwynn request and approval of the others. Subsequently, the City Commission proceeded with the Gwynn !and use map amendment (ResidenTial to Transitional)~ thus, accommodating this rezoning action. City Commission Documentation Rezonings Associated with Comprehensive Plan 91-1 Page 2 RECOMMENDED ACTION: By motion, approval of each ordinance on first reading. DJK/~85/CCRZPLAN.TXT ORDINANCE NO. 70-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT IN RO (RESIDENTIAL OFFICE) DISTRICT; SAID LAND BEING THE SOUTH 1/2 OF LOT 4 AND ALL OF LOT 3, BLOCK 4, SOPHIA FREY SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 37, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; 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 RO (Residential Office) District as defined in Chapter Four of the Land Development Regulations of Delray Beach, Florida, to-wit: The South 1/2 of Lot 4 and All of Lot 3, Block 4, Sophia Frey Subdivision, according to the Plat thereof as recorded in Plat Book 4, Page 37 of the Public Records of Palm Beach County, Florida. The above described parcel contains an 0.28 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 8th day of October , 1991. ATTEST: City C~i e ~k i First Reading September 24, 1991 Second Reading October 8~ 1991 RAY ~EA~d& Fl.OlflDA, IW~l; ~ VIDING A ~ RE~ Published Daily Monday through Sunday Boca Baton. Palm Beach County. Florida . , ~ ~01~ THE CI*Y C~ Delray Beach, Palm Beach County, Florida eEAC., ~ ~'~ A.D P~l~ ~ ~E~NTLY ZONED ~ ~01~ RESI~NT~) ~ IN RO RESI~ ~} DISTRICT; 8TATE OF FLORIDA ~,o ~o ~ ~ ~T. COUNTY OF PALM BEACH ~m~.~ s,~. ~m ,o ..~ ~, Before the undersigned authority personally . ~'[IC HE~I~ .'1' ' ~ * TY. F~I~ ~ appeared Robert Hilton, Vice President of ~~,~.,.,., ~.,~ ~.... ~. Marketing of The News, daily newspapers ~,, ~ ~ ~ ~, · ~ c~; ~,~ ~ ~,~ published in Boca Baton in Palm Beach ~ .~, ~,.. ~,., ~ County, Florida; that the attached copy of ~ ~ ~ ~'.T~'~ ~.,~ advertisement was published_.~ said news- ~ ' ~ c,~ c~., ~ .. 0.,~ 0~ ..~ c,.. c~ TRICT, tN PART, AND OS (OPEN I ~~ SPACE) Ol~, IN PART; ~NO BEIK ~L ~ PARCEL AN ~DI~NCE OF ~E Cl~ C~ ~RDI~ ~ THE P~T ~ OEL- MI~I~ OF THE CITY ~ DELRAY ~Y T~N CEN~R, ~ REC~ S~H, FLORID~ A~PTING ~R- ED IN ~T ~K ~ PAGES TI~S ~ C~PREHENSIVE ~g ANO 1~, OF THE ~BLIC RECOR~ ~N~ENT fl-I PURSUANT TO ~ PA~ ~EA~ C~N~. FLOR;- THE PROVISI~5 OF THE 'L~LCA; ANO ~ENOI~ ~ONI~ ~VERMNENT C~PREHENSWE TRICT ~P, ~L~Y ~NNING ANO ~NO ~VELOP. FLORI~ 1~; PROVtOI~ A MENT REGU~T~ON ACT,' ~LORI- GENERAL REPEALER C~U~; DA STATUTES SECTIONS t~.3~1 PROVIDI~ A ~VlNG Affiant further says that The News is a T..~0. ~.. ~u,.. ,~, newspaper published in Boca Baton, in said ~, 0~E~,.S ~* ~L,- ~.~ CIES ~ THE J~OEX, CONSERV~ Palm Beach County, Florida, Monday TIEsT'~ ~L~.T.~L~E.T, ~.LICT..FF,C.ACIL,- through Sunday, and has been entered as ,,~ E~.~E.T, ~Sl"O ~,- second class matter at the post office in FLUENT. ~"0 USE ELfiN.T, BtAC., F[0.1~. A~.TI.G A ~PITAL ~MPR09EMENT~ ELF- ~RTION ~ THE Boca Baton, Palm Beach County, Florida, ,,,. A"O 'NTE"~VERNMEN- TAg ~RDINATION ELEMENT. SUANT TO THE P~OVI$ION$ for a period of one year next preceding the ~Eo U~N AN A~E~ENT ~ THE ~L ~E"NM~NT ~ first publication of the attached copy of ~.,LITYOF.~..C~S~0.~W ~ND DEV~LO~ENT INFO~TION; t~LUOlNG TIONS A~ FCORIOA STATUTES advertisement; and affiant further says that c,,~, re THE ~UTURE ~,O SECTIO,S l".3": USE ~P FOR EIGHT (I) PARCELS Ig.~. INCLUSIVE. BEING A he has neither paid nor promised any '~.TS~N°; T0iNCLUOI~PART ~EN~,V, CHANG.US. ~PTOFR~T"E GENE~AL~UTU"E ~NOC~ 'RE~fR~ENTS F~ CAPfTAL MERC~AL ~NO USE DES~GNAT~ person, firm or corporation any discount, ,,,~,,s :~E,TA- TO T,ANSiTI~L~.OUSE ~ rebate, commission or refund for the pur- T0 PA.T V. *R~E~RES ~0" LY,~.EING ~ pose of securing this advertisement for pub- ~ T., ~e; ,,o ,K~uo,.o ~uLEvA. ac .~.AL lioation in said newspapers. ~'. ~ ~OR FEATURES OF ~NT ~ ~ mR~R THE ~P~EHEN~IVE P~N. CO~ CENTER. ~ ~ ~D USE ~RVATION EL~ENT. PU~LI~ EL~ENT; P~IOI~ A ~VING ~ACILITIE5 ELINT, TRAFFIC ~U~; P~I~ A GENERAL ~Tl~ ELMNT, ~ND US~ ~ EFFECTIVE~TE. P~ENTS ELEMENT; ALL ~ ~ ~ ~ ~ ff a ~ ~E PARTICU~RLY CE. ~ ~M ~ ~ ~ RATED HEREIN BY REFERENCE ~ i r~ d ~ ~i~, Sworn to and subscribed before me this ~IDI~ AN EFFECTIVE DATE. ~ e ~ ~ I ~t~ r~ . ~ ORDI~NCE OF THE CITY C~~. TM C~ ~ ~ ~ MI~I~ OF THE CITY OF DELRAY ~l ~ ~ ~ ~ F S ay of c.' , ~1~ ~NO PRESENTLY / ../ ~ OlSTR~ IN ~ (OPEN SPACE) Al~Or~Ha~ OISTRICT; ~10 ~NO LYI~ Ci~ ALO~ THEEAST SI~ ~ INTER- STATE ~ BETWEEN AUDUBON ~BLISH: ~2.1~1 ~LEVARD AND THE C-IS ~NAL, THE NEWS KRIBEO HEREIN; AND MEN~ (Seal, ~o[ary Public ~~lorlda a[ large) My Commission e:~~