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85-91 ORDINANCE NO. 85-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR LAND LYING AND BEING IN SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, FROM R-1AA (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND IS LOCATED ON THE WEST SIDE OF SWINTON AVENUE, APPROXIMATELY 600 FEET NORTH OF 22ND STREET; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is shown as being zoned R-1AA (Single Family Dwelling) District on the Zoning District map of the City of Delray Beach, Florida, dated October 1, 1991; and, WHEREAS, a review of City records indicates that such zoning classification was inadvertently applied to said property; and, WHEREAS, this error has been brought to the attention of the City and it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated October 1, 1990, be corrected to reflect the proper zoning classification of CF (Community Facilities) District; and, WHEREAS, this matter was considered by the City Commisssion at a public hearing and it was determined that the R-1AA (Single Family Residential) District zoning classification was, in fact, inadvertently applied to the subject property, 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 October 1, 1990, be, and the same is hereby corrected to reflect a zoning classification of CF (Community Facilities) District for the following described property: The South 142.00 feet of the North 1,460 feet of the East 1/4 of the Southeast 1/4 lying west of Swinton Avenue, Section 5, Township 46 South, Range 43 East, Palm Beach County, Florida. Section 2'. That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning 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 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed.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 [4th day of January , 1992.. ATTEST: First Road'ing November 1.9, 1991 Second Reading January 14, 1992 -2- Ord. No. 85-91 COCONUT ROAD LAKE EDEN ~voc CANAL [--'--- N.W. 22NO Srg[[T PINtRIO£ ROAD < SWlNTON : 1 9TH ST. Pu bli sh ed Da i ly Boa~ ~a,~on Palm Beael~ Counl,y Florida P.~, Delray Beach, Pa, lrn Beach Co,inLy, Florida OOUN~ OF ~LM BEACH P~ SPECF~ '~, ~ION Before the undersigned a~,t,horit,y personally appeared Nancy Srnil,)~, Ir)side Sales Mar)- ager of The News, daily newspaI)evs }}lib- Hshed ~I) ~oca ~a,t,on ~n Palm Beach Co]]nl,~, ~,G A ~FINITI~ ~ THE T~ ~ ~ ,tY ~1~ Florida; t,haf, f;he atf, ache(l copy of advei'l,i~e- ~ERNi~i~ ~ ANB:'~U~T~~RKET~ WITHIN meat was published 11) said r)ewspapers il) ~NNED ~KIA~ ~O ~VIDi~ A G~ ~E~AL. ~CH, F~ORI~ CORRECTING T~ Z~I~ t~ ~lP,. ~,~, Affiant fu.vther aa,ys I, hat The News m n, newspaper published ill Boca }~,a,l,Oll ill said ~ s __' ~]m Beach ~ ~}~ ~LRAY BEACH, second cia, ss matt,er at the posl; office i)1 ~ ] . ~ A ~vi~,~SE~ Boca B, aton, Palm Beach Cot nty, Florida, for a period of one year next l}vecedin~ l,he first, publication of t,be a, tta,l~edr copy of ~ ~mAHCE OF ~.E ~w c~ ~I~OF THE CITY ~ DEL~Y advertisement,; and a, ffJa, l~l, [1ltl, her says I,]~a,l, ~LO*')~ RU~I~ AND ' he h. as neit,))er paid nor pr'omi~ed any , nm~N~t) Dmmq AND person, firm or corporal, ion any discolllll,, ~ (s~m F~kY aES~. rebate, oofnHlJ~gJorl op rofllr]d [o[' [,h~ [}llv- pose of securing this a, dvept,isement for pub- ]ioatJon ill said newspapers. ~RCT ~F, DE~AY ~C~, GG~L REaR ~USE; PROVIDI~ A ~V~, ~E; PR~IDI~ ~ E~TIVE ~.. ~ ~m~~fl Sworn to and st]l)gc)'Jbed before me this dayor : ~, I.~ , ~ I THE~ , ~ I ~ - My Commission expipe~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~/} /o SUBJECT: AGENDA ITEM ~ ~ - MEETING OF JANUARY 14, 1992 ORDINANCE NO. 85-91 DATE: January 10, 1992 This is a second reading of an ordinance correcting the zoning designation for a body of water and lift station located on the west side of Swinton Avenue approximately 600 feet north of 22nd Street from R-lA (Single Family Residential) to CF (Community Facilities) zone district and correcting the Official Zoning Map. This property is an excess parcel which resulted from the creation of the Lake Eden subdivision. A canal intrudes into the site and a municipal lift station is located at the east end of the site. The property is shown as an extension of Lake Eden on the Future Land Use Map. The inappropriate zoning was discovered during review of a land development request on an adjacent property to the south. The property owner has been informed of this situation. Public hearing on this ordinance was delayed as we did not have a letter of consent from the property owner. Special (30 day) formal noticing was required. Additionally, while Lake Eden is zoned OS (Open Space) zone district, it is more appropriate to place CF zoning on this property since the lift station is there and the canal feature is not a regularly maintained part of Lake Eden. Recommend approval of Ordinance No. 85-91 on second and final reading. ORDINANCE NO. 85-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR LAND LYING AND BEING IN SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEAC~ COUNTY, FLORIDA, FROM R-1AA (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND IS LOCATED ON THE WEST SIDE OF SWINTON AVENUE, APPROXIMATELY 600 FEET NORTH OF 22ND STREET; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is shown as being zoned R-1AA (Single Family Dwelling) District on the Zoning District map of the City of Delray Beach, Florida, dated October 1, 1991; and, WHEREAS, a review of City records indicates that such zoning classification was inadvertently applied to said property; and, WHEREAS, this error has been brought to the attention of the City and it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated October 1, 1990, be corrected to reflect the proper zoning classification of CF (Community Facilities) District; and, WHEREAS, this matter was considered by the City Commisssion at a public hearing and it was determined that the R-1AA (Single Family Residential) District zoning classification was, in fact, inadvertently applied to the subject property, 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 October 1, 1990, be, and the same is hereby corrected to reflect a zoning classification of CF (Community Facilities) District for the following described property: The South 142.00 feet of the North 1,460 feet of the East 1/4 of the Southeast 1/4 lying west of Swinton Avenue, Section 5, Township 46 South, Range 43 East, Palm Beach County, Florida. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances ~r 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 __ day of , 1991. MAYOR ATTEST: City Clerk First Reading Second Reading -2- Ord. No. 85-91 1 !11-L- LAKE EDEN ~voc~ CITY DF DELI:II:IV BEI:I[H NOTICE OF PUBLIC HEARING ORDINANCE NO. 85-91 SUBJECT: PROPOSED REZONING FOR YOUR PROPERTY INITIATED BY THE -CITY OF DELRAY BEACH, FLORIDA PROPERTY DESCRIPTION: SOUTH 142.00 FEET OF THE NORTH 1,460 FEET OF THE EAST 1/4 OF THE SOUTHEAST 1/4 LYING WEST OF SWINTON AVENUE, SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. CURRENT ZONING: R-1AA (SINGLE FAMILY RESIDENTIAL) PROPOSED ZONING: CF (COMMUNITY FACILITIES) Pursuant to Chapter Two of the Land Development Regulations of the City of Delray Beach, you are hereby notified that the City Commission of the City of Delray Beach, Florida, is considering whether to rezone your property as shown on the attached map. The City Commission will hold a Public Hearing on January 14, 199~, at 7:00 P.M., in the City Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, for the purpose of receiving public comment, and your comments or those of your representative with regard to this proposed action. You are not required to attend this meeting or to have someone there to represent you; however, you are welcome to do so if you desire. PLEASE BE ADVISED THAT IF YOU DECIDE TO APPEAL AND DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, YOU WILL NEED A RECORD OF THESE PROCEEDINGS, AND FOR THIS PURPOSE YOU MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE OR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105. If you would like further information with regard to how this proposed action may affect your property, please contact the Planning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, 33444, Phone: 407/243-7040, between the hours of 8:00 A.M. and 5:00 P.M. on weedkays (excluding holidays). CITY OF DELRAY BEACH Alison MacGregor Harty City Clerk COCOHUT ROAD LAKE EDEN ~,vocA~ CANAL N.W. 22HD STR£1ri' PINtRID[ ~OAD .,( S INT N I-- N. Ir. ! 9TH ST. · T ,W. 18TH ST N.W. 18TH ST II I I I I I I I1' I I I I I I MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ORDINANCE NO. 85-91 DATE: November 15, 1991 This is a first reading of an ordinance correcting the zoning designation for a body of water and lift station locate on the west side of Swinton Avenue approximately 600 feet north of 22nd Street from R-lA (Single Family Residential) to CF (Community Facilities) zone district and correcting the Official Zoning Map. This property is an excess parcel which resulted from the creation of the Lake Eden subdivision. A canal intrudes into the site and a municipal lift station is located at the east end of the site. The property is shown as an extension of Lake Eden on the Future Land Use Map. The inappropriate zoning was discovered during review of a land development request on an adjacent property to the south. The property owner has been informed of this situation. While there does not appear to be any interest in making use of the property, we do not have a letter of consent from the property owner; thus, special (30 day) formal notice must be provided. Additionally, while Lake Eden is zoned OS (Open Space) zone district, it is more appropriate to place CF zoning on this property since the lift station is there and the canal feature is not a regularly maintained part of Lake Eden. Recommend approval of Ordinance No. 85-91 on first reading. CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF NOVEMBER 19, 1991 ORDINANCES CORRECTING THE OFFICIAL ZONING MAP R-1-A TO C.F. (NORTH SWINTON AVENUE) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of two ordinances, each of which corrects errors made on the Official Zoning Map when it was adopted with the revised LDRS. These items are being presently directed to the City Commission through the provisions of Section 2.4.7(F)(2) Relief From Improper Regulations. BACKGROUND: Each of these items have been reviewed by the Special Adjustment Advisory Board and have been forwarded directly to the City Commission on the basis of improper enactment at the time of adoption of the LDRs. The basis for each determination is as follows: Unity Church Tennis Courts, R-1-A to CF: The tennis courts for Unity Church are located on a separate parcel (lot). When constructing the zoning map, it was thought that the lot was one of the single family development lots of the adjacent subdivision. Upon review of a recent land development application, this error was discovered. The rest of the holdings of Unity Church are C.F., thus it is appropriate to zone this property accordingly. A correction must also be made to the Future Land Use Map. This will be accommodated in Amendment 92-1. The property owner has been notified on this situation and, by letter, has consented to the rezoning action. Thus, normal second reading advertising can be accommodated. City Commission Documentation Meeting of November 19, 1991 Ordinances Correcting The Official Zoning Map R-1-A to C.F. (North Swinton Avenue) Page 2 Canal/Lift Station, north of Unity Church, R-1-A to CF: This property is an excess parcel which resulted from the creation of the Lake Eden Subdivision. A canal intrudes into the site. A municipal lift station is located at the east end of the site. The property is shown as an extension of Lake Eden on the Future Land Use Map. While Lake Eden is zoned as Open Space (OS), it is more appropriate to place CF zoning on the property since the lift station is there and the canal feature is not a regularly maintained feature of Lake Eden. The inappropriate zoning was discovered during review of a land development request on adjacent property to the south. A public hearing regarding that item (church use) will be before the Planning and Zoning Board on November 18th. If any concerns are aired at that meeting, they will be reported at the City Commission meeting. The property owner has been informed of this situation. While there is no interest in making use of the property, we do not have a letter of consent; thus, special (30 day) formal notice must be provided to the property owner. RECOMMENDED ACTION: By motion, approval of each ordinance on first reading and establishment of the public hearing dates as appropriate. Attachment: * Location Map * Ordinances by others DJK/%86/CCCF.TXT ORDINANCE NO. 85-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR LAND LYING AND BEING IN SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, FROM R-1AA (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND IS LOCATED ON THE WEST SIDE OF SWINTON AUENUE, APPROXIMATELY 600 FEET NORTH OF 22ND STREET; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is shown as being zoned R-1AA (Single Family Dwelling) District on the Zoning District map of the City of Delray Beach, Florida, dated October 1, 1991; and., WHEREAS, a review of City records indicates that such zoning classification was inadvertently applied to said property; and, WHEREAS, this error has been brought to the attention of the City and it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated October 1, 1990, be corrected to reflect the proper zoning classification of CF (Community Facilities) District; and, WHEREAS, this matter was considered by the City Commisssion at a public hearing and it was deterTained that the CF (Community Facilities) District zoning classification was, in fact, inadvertently applied to the subject property, 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 October 1, 1990, be, and the same is hereby corrected to reflect a zoning classification of CF (Community Facilities) District for the following described property: The South 142.00 feet of the North 1,460 feet of the East 1/4 of the Southeast 1/4 lying west of Swinton Avenue, Section 5, Township 46 South, Range 43 East, Palm Beach County, Florida. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, change 'the Zoning 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 day of , 1991. MAYOR ATTEST: City Clerk First Reading Second Reading -2- Ord. No. 85-91 COCONUT ROAD I_AgE EDEN ~,voc^oo CAN AL L~. ~ ~.'-f ~ [~~ I N.W. 22ND STREET PINERIDr ROAD _ , ~ .. N. E. I 9TH ST. COCOlqUT ROAO LAKE EDEN ~,VOCA~O CANAL Iq,Wo 22NO STR[ET PIN[RID[ ROAD I!!! N. [. I 9TH ~T.