86-91 ORDINANCE NO. 86-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CORRECTING THE ZONING
CLASSIFICATION FOR LOT 1, LAKE EDEN SUBDIVISION, PLAT
NO. 1, AS RECORDED IN PLAT BOOK 28, PAGE 216 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FROM
R-1AA (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CF
(COMMUNITY FACILITIES) DISTRICT; SAID LAND IS LOCATED
ON THE EAST SIDE OF N.W. 2ND AVENUE, APPROXIMATELY 400
FEET NORTH OF N.W. 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 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:
Lot 1, Lake Eden Subdivision, Plat No. 1, Recorded in
Plat Book 28, Page 216 of the Public Records of 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conflict herewith be, and the same are hereby repealed.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
i~ediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on this the 3rd day
of Dece~er , 1991.
ATTEST:
v _ ~ity Cl~k '
First Reading Nove~er 19~ 1991
Second Reading Dece~er 3~ .1991
-2- Ord. No. 8~-91
COCONUT ROAD
LAKE
EDEN AVOCAO0
N.W. 22N0 St'R[£T PIN[RID£ ROAD
FI. £. lgTH . ST. · I
~ IIIIII1~
1' ,W. 181'H ST N.W. lOTH ST ~
RATON'{')FLRAY BEACH '§()YNI'ON R;,:Af,tI'I)~:I!R{:IEI. I) REACH
BOCA
Published Daily ~ ~u,L< .~,~ ~, ~
Monday through Sunday ~:~ ~-~, ~- ~ ~
Boca Raton, Palm Beach County, Florida ~,. T~, ~:
Delr~y Be~ch, Palm Beach Goun~y, Florida ~ ,~ ~.,. ~ ~=
Ci~ Hell. ~ N.W. }~ A~,
COUNTY OF PALM BEACH . ~-. ~. ~
Before the undersigned authority personally ~..~
appeared Nancy Smith, Inside Sales Man- ~.~-..~.
ager of The News, daily newspapers pub- ~_~
lished In Boca Raton in Palm Beach County, ~'~;~'
Florida; that the attached copy of advertise- ~ ~, ,0 ~
ment was published in said newspapers in s 0, ~e c,,, ~ m~
the issues of: T.,, A "ENAL~ ~A~L 'E
QUENT AN~R ~EN SSRWCES ~; ~ ~m~:-~ I
AS A RESULT OF SUCH DELI~ ~ C~, ~ F~
_ . . CREASED PENALTY ~T; -
/ PROVIDING GENE~L REP~LER TI~J DISTRICT TO CF
C~USE; PROVIDING A ~VI~ (C~NITY F~LITI~) DI~
C~USE; PROVIOI~ AN EFFEC-
TIVE DAT~ HE ~ ~ ~ g.W. ~D AVE-,
~, APP~I~LY ~ F~T
~~ ~ ~ N.W. ~D STREET;
A~' CORRE~i~ ~ING ~P
AN ORDINANCE OF THE CITY C~ ~ ~Y B~ , FL~I~
MISSION OF THE CI~ OF DEL~Y ]~; PRYING A GE~E~ RE-'
B~CH, FLORI~ ~ENDI~ PEALER C~U~ P~VI~ A
CHAPTER ~ ~ON/NG RE~
Affiant further says that The News is a T,o., A,TtCLE ,~ EFFECTIVE~TE.
~p~p~ p~b~i~h~d i~ Boc~ R~to~, i~ ~id 'SUPPLE~EN~ OISTRICT REG~
Palm Beach County, Florida, Monday SECtiON ..~,(E), ~E
DESIGN STANDARd', OF THE
through S~d~y, ~d h~ b~ ~t~d ~ ~ND DEVELO~ENT RE~U~
T{ONS OF THE Cl~ ~ ~y
~eco~d ~9s m~tter at the post office i~ B~C~, FLOR~D~ By WENm~
PARAGRAPH ~6.1~E)(I)(cL ~
Boca Raton, Palm Beach County, Florida, o~As~, r0 .0v,~E ~.
~ORE THAN E{~ PERCENT
SPACE BE ~NTED Ig ~ ·
~S~ p~bl]~Ofi Of ~he ~ohed ~op~ of O~ASS~ ~Ovo~ A ~W~ ~. ~.S.
C~USE; PROVIDI~ A GENERAL ~.~
AN EFFECTIVE ~TE.
he h~8 ne~he~ p~id no~ p:om~sed ~ny ~~
p8~8o~, f~?~ o~ co~po~Jo~ ~n~ ~Jscou~, ~o~o~o~ ~ c~c~
~, comm~88~o~ o~ ~f~ ~o~ ~h~ pu~- .*CH, ~0~ ~.m~ r~.
TLE t, ~ENE~L REGU~TI~,
p08~ O~ 8~C~g ~i8 ~v~k~8~m~fi~ ~o? pub- o~ r. c~ ~ ~.
FLORIDA, ~y ~END,~ ~
~ic~tio~ i~ ~d ~W~p~p~. TEa & %I~TER' BY S~l~ A
NEW SECTION ~ ~
OU~PIN~, TO PR~IOE FO~ LI-
CENSING, RULES AND RE~U~
TIONS REGARDI~ W~TE TIRE
COLLECTORS; P~IDI~ A
ERAL REPEALER C~USE; PRG
~~ V,D{NG A SAVING C~USE;
VIO[NG AN EFFECTIVE OATE.
AN OROINANCE OF THE CI~ C~
MISSION ~ THE CI~ ~ ~L~Y
Sworn to and subscribed before me this ,,cH. FLO,,~ CORREOING
~D LY~ Ag~ BEING Ig SEC.
' " ~SI~GLE F~ILy RE$I~ENTIAL)
~ATED ON THE WEST Sl~
SOUTH SWINTON AVENUE,
/ TWEEN S.W. 7TH STREET AN~
8TH STREET; A~D CORRECTI~
"ZONING ~p OF DELRAY B~CH,
FLORJ~ I~; PROWDtMO A
~l GE*E~L ~EP~LER C~U~;
(Seal, Notary Public, orida at large) .Rovro,.o~v,~ c~u~;
My Commission ex '
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~'~
SUBJECT: AGENDA ITEM ~ ~O~ - MEETING OF DECEMBER 3, 1991
ORDINANCE NO. 86-91
DATE: November 27, 1991
This is a second reading of an ordinance correcting the zoning
designation on a portion of the Unity School property located on the
east side of N.W. 2nd Avenue, approximately 400 feet north of N.W.
22nd Street from R-la (Single Family Resident) to CF (Community
Facilities) zone district and correcting the official zoning map.
The tennis courts for Unity Church are located on a separate parcel
(lot). When staff was 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 CF; 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 Comprehensive Plan Amendment 92-1.
The property owner has been notified of this action and has consented
to the rezoning action.
Recommend approval of Ordinance No. 86-91 on second and final
reading.
ORDINANCE NO. 86-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CORRECTING THE ZONING
CLASSIFICATION FOR LOT 1, LAKE EDEN SUBDIVISION, PLAT
NO. 1, AS RECORDED IN PLAT BOOK 28, PAGE 216 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FROM
R-1AA (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CF
(COMMUNITY FACILITIES) DISTRICT; SAID LAND IS LOCATED
ON THE EAST SIDE OF N.W. 2ND AVENUE, APPROXIMATELY 400
FEET NORTH OF N.W. 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 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:
Lot 1, Lake Eden Subdivision, Plat No. 1, Recorded in
Plat Book 28, Page 216 of the Public Records of 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
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. 86-91
COCONUT
EDEN ~CA~
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). %¢hen
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
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITy MANAGER~/~'I
SUBJECT: AGENDA ITEM ~/a ~ - MEETING OF NOVEMBER 19, 1991
ORDINANCE NO. 86-91
DATE: November 15, 1991
This is a first reading of an ordinance correcting the zoning
designation on a portion of the Unity School property located on the
east side of N.W. 2nd Avenue, approximately 400 feet north of N.W.
22nd Street from R-lA (Single Family Resident) to CF (Community
Facilities) zone district and correcting the official zoning map.
The tennis courts for Unity Church are located on a separate parcel
(lot). When staff was 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 CF; 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 Comprehensive Plan Amendment 92-1.
The property owner has been notified of this action and has consented
to the rezoning action.
Recommend approval of Ordinance No. 86-91 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 lSth. 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. 86-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CORRECTING THE ZONING
CLASSIFICATION FOR LOT 1, LAKE EDEN SUBDIVISION, PLAT
NO. 1, AS RECORDED IN PLAT BOOK 28, PAGE 216 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FROM
R-1AA (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CF
(COMMUNITY FACILITIES) DISTRICT; SAID LAND IS LOCATED
ON THE EAST SIDE OF N.W. 2ND AVENUE, APPROXIMATELY 400
FEET NORTH OF N.W. 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 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:
Lot 1, Lake Eden Subdivision, Plat No. 1, Recorded in
Plat Book 28, Page 216 of the Public Records of 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. 86-91
COCOHUT ROAD
LAKE
£DEN AVOCA~
\%
CANAL I,.~ ~'~ \'~ ~ ~
N.W. 22ND STREET PINERIDE ROAD
N. [. IgTH sr. i I r
;w. 18~ ST N.W. 18~ ST , I J I I I I I I t