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HomeMy Public PortalAbout0RD 95/03NO. 95/3 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING ORDINANCE OF THE TOWN, ORDINANCE NO. 92/2, AS AMENDED, SO AS TO REZONE TWO PARCELS OF LAND OWNED BY THE FLORIDA INLAND NAVIGATION DISTRICT KNOWN AS MSA 640 AND 640A AND MSA 641A TO "P" PUBLIC FACILITIES DISTRICT; FURTHER AMENDING THE CODE OF ORDINANCES AT CHAPTER 66, ZONING, ARTICLE VI, DISTRICT REGULATIONS, AT DIVISION 6, PUBLIC FACILITIES DISTRICT, SECTION 66-292, PERMITTED USES, TO INCLUDE DREDGED MATERIALS MANAGEMENT AREAS AND ASSOCIATED ANCILLARY USES INCLUDING, BUT NOT LIMITED TO, PASSIVE PARKS AS PERMITTED USES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Commission has held public hearings relating to proposed amendments to the official Zoning Ordinance of the Town as contained herein; and WHEREAS, the Town Commission has determined that the amendments included herein are consistent with the provisions of the Town's Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The official Zoning Map of the Town is hereby amended by rezoning the two parcels of land described in Exhibit "A" attached hereto, currently owned by the Florida Inland Navigation District, known as MSA 640 and 640A and MSA 641A, to "P" Public Facilities District. Section 2. Chapter 66, of the Code of Ordinances of the Town of Gulf Stream, Florida, relating to zoning, is hereby amended at Article VI, "District Regulations", Division 6, "Public Facilities District", Section 66-292, "Permitted Uses", to include a new permitted use as follows: 11(12) Dredged Materials Management Areas and associated ancillary uses including, but not limited to, passive parks." Section 3. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 4. Repeal of Ordinances in Conflict. All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which conflict with this or any part of this; Ordinance are hereby repealed. Section 5. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. 1 Section 6. Effective Date. The effective date of this Ordinance shall be the date a final order is issued by the Department of Community Affairs finding the amendment which is the subject of Ordinance No. 95/2 to be in compliance in accordance with Chapter 163.3184, Florida Statutes; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, Florida Statutes. PASSED AND ADOPTED in a regular, adjourned session on first reading this 12th day of May 1995, and for a second and final readin on this 9th day of June , 1995. //� ATT , r TOWN CLERK JCR\13147-01\REZONE.ORD TOWN COMMISSION " ��txe st,��F\ 9n "4 X00 M4 40." STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS EMERGENCY MANAGEMENT " HOUSING AND COMMUNITY DEVELOPMENT " RESOURCE PLANNING AND MANAGEMENT LAWTON CHILES LINDA LOOMIS SHELLEY Govemor Secretary August 7, 1995 The Honorable William F. Koch, Jr. Mayor, Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 Dear Mayor Koch: The Department has completed its review of the adopted Comprehensive Plan Amendment (Ordinance No. 95/2; DCA No. 95-1) for the Town of Gulf Stream, as adopted on June 9, 1995, and determined that it meets the requirements of Chapter 163, Part II, Florida Statutes, for compliance, as defined in Subsection 163.3184(1)(b). The Department is issuing a Notice of Intent to find the plan amendment In Compliance. The Notice of Intent has been sent to the Palm Beach Post for publication on August 8, 1995. Please note that a copy of the adopted Town of Gulf Stream Comprehensive Plan Amendment and the Notice of Intent must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the Town of Gulf Stream, Clerk's Office, 100 Sea Road, Gulfstream, Florida 33483. If you have any questions, please contact Greg Stuart, Planner IV, at (904) 487-4545. Sincerely, C)V\ J A_,�� G`,��. Charles Gauthier, AICP Growth Management Administrator CG/gsj Enclosure: Notice of Intent cc: E. Scott Harrington, Town Manager Michael Busha, Acting Executive Director, Treasure Coast Regional Planning Council 2 7 4 0 CENTERVI EW DRIVE " TALLAHASSEE, FLORIDA 323!1 0 0 FLORIDA KEYS AREA OF CRITICAL STATE CONCERN SOUTH FLORIDA RECOVERY OFFICE GREEN SWAMP AREA OF CRITICAL STATECONCERN FIELD OFFICE P.O. Box 4022 FIELD OFFICE 2796 overseas Highway, Suite 212 0600 N.W. 36th Street 155 East Summedin Marathon, Florida 33050-2227 Miami, Florida 331594022 Barlow, Florida 33830-0641 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS NOTICE OF INTENT TO FIND THE TOWN OF GULF STREAM EHENSIVE PLAN AMENDMENT IN COMPLIANCE DOCKET NO. 95-1-NOI-5013-(A)-(I) The Department gives notice of its intent to find the Amendment to the Comprehensive Plan for the Town of Gulfstream, adopted by Ordinance No. 95/2 on June 9, 1995, IN COMPLIANCE, pursuant to Sections 163.3184, 163.3187 and 163.3189, F.S. The adopted Town of Gulfstream Comprehensive Plan Amendment and the Department's Objections, Recommendations and Comments Report, (if any), are available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the Town of Gulfstream, Clerk's office, 100 Sea Road, Gulfstream, Florida 33483. Any affected person, as defined in Section 163.3184, F.S., has a right to petition for an administrative hearing to challenge the proposed agency determination that the Amendment to the Town of Gulfstream Comprehensive Plan is In Compliance, as defined in Subsec- tion 163.3184(1), F.S. The petition must be filed within twenty-one (21) days after publication of this notice, and must include all of the information and contents described in Rule 9J-11.012(7), F.A.C. The petition must be filed with the Agency Clerk, Department of Community Affairs, 2740 Centerview Drive, Tallahassee, Florida 32399- 2100, and a copy mailed or delivered to the local government. Failure to timely file a petition shall constitute a waiver of any right to request an administrative proceeding as a petitioner under Section 120.57, F.S. If a petition is filed, the purpose of the administra- tive hearing will be to present evidence and testimony and forward a recommended order to the Department. If no petition is filed, this Notice of Intent shall become final agency action. If a petition is filed, other affected persons may petition for leave to intervene in the proceeding. A petition for intervention must be filed at least five (5) days before the final hearing and must include all of the information and contents described in Rule 60Q- 2.010, F.A.C. A petition for leave to intervene shall be filed at the Division of Administrative Hearings, Department of Management Services, 1230 Apalachee Parkway, Tallahassee, Florida 32399-1550. Failure to petition to intervene within the allowed time frame consti- tutes a waiver of any right such a person has to request a hearing under Section 120.57, F.S., or to participate in the administrative hearing. Charles G. Pattison, Director Department of Community Affairs Division of Resource Planning and Management 2740 Centerview Drive Tallahassee, Florida 32399-2100 115945 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS NOTICE OF INTENT TO FIND THE TOWN OF GULFSTREAM COMPREHENSIVE PLAN AMENDMENT IN COMPLIANCE DOCKET NO. 95-1 -NOI-5013-(A)-(I) The Department gives notice of its intent to find the Amendment to the Comprehensive Plan for the Town of Gulfstream, adopted by Ordinance No. 95/2 on June 9, 1995, IN COMPLIANCE, pursu- ant to Sections 163.3184, 163.3187 and 163.3189, F.S. The adopted Town of Gulfstream Comprehensive Plan Amend- ment and the Department's Objections, Recommendations and Com- ments Report (if any), are available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the Town of Gulfstream, Clerk's office, 100 Sea Road, Gulfstream, Florida 33483. Any affected person, as defined in Section 163.3184, F.S., has a right to petition fpr an administrative hearing to challenge the proposed agency determination that the Amendment to the Town of Gulfstream Comprehensive Plan is In Compliance, as defined in Subsection 163.3184(1), F.S. The petition must be filed within twenty- one (21) days after publication of this notice, and must include all of the information and contents described in Rule 9J-11.012(7), F.A.C. The petition must be filed with the Agency Clerk, Department of Community Affairs, 2740 Centerview Drive, Tallahassee, Florida 32399-2100, and a copy mailed or delivered to the local govern- ment. Failure to timely file a petition shall constitute a waiver of any right to request an administrative proceeding as a petitioner under Section 120.57, F.S. If a petition is filed, the purpose of the admin- istrative hearing will be to present evidence and testimony and for- ward a recommended order to the Department. If no petition is filed, this Notice of Intent shall become final agency action. If a petition is filed, other affected persons may petition for leave to intervene in the proceeding A petition for intervention must be filed at least five (5) days before the final hearing and must include all of the information and contents described in Rule 600- 2.010, F.A.C. A petition for leave to intervene shall be filed at the Division of Administrative Hearings, Department of Management Services, 1230 Apalachee Parkway, Tallahassee, Florida 32399- 1550. Failure to petition to intervene within the allowed time frame constitutes a waiver of any right such a person has to request a hearing under Section 120.57, F.S., or to participate in the admin- istrative hearing. -s- Charles G. Pattison, Director Department of Community Affairs Division of Resource Planning and Management 2740 Centerview Drive Tallahassee, Florida 32399-2100 PUBLISH: August 8, 1995