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57-90 ORDINANCE NO. 57-90 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR FOUR PARCELS OF LAND BY REZONING AND PLACING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) IN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT; REZONING AND PLACING LAND PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN GC (GENERAL COMMERCIAL) DISTRICT; REZONING AND PLACING LAND PRESENTLY ZONED MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT IN I (INDUSTRIAL) DISTRICT; REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY DWELLING) DISTRICT IN GC (GENERAL COMMERCIAL) DISTRICT; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING' CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 2.4.7 (F) (2) 'of the Land Development Regulations has made provisions for relief from improper regulations; and, WHEREAS, requests have been made with respect to four parcels, and have been reviewed by the Special Adjustment Advisory Board, and determined to' be the result of improper enactment; and, WHEREAS, 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 thereof, 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 NC (Neighborhood Commercial) District for the following described property: The East 340.00 feet of the Northwest One-Quarter (NW 1/4) of the Southwest One-Quarter (SW 1/4) of the Southwest One-Quarter (SW 1/4) of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida; LESS the West 130.00 feet of the East 170.00 feet of the North 150.00 feet of the South 290.00 feet thereof; LESS the West 92.00 feet of the East 132.00 feet of the North 125.00 feet of the South 140.00 feet thereof; LESS the south 15.00 feet and less the East 40.00 feet thereof for road Right-of-way purposes. The above described parcel contains 3.9200 acres, more or less. Section 2. 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 GC (General Commercial) District for the following described property: The West 200 feet of the north half (N 1/2) of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4), less the South 175 feet, Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida, less that part lying within 60 feet of the centerline of M~litary Trail as shown in Road Plat Book 2, Page 26. Further described as commencing at the West Quarter corner of said Section 13, S 0v15'22" W. on an assumed bearing, along the west line of said Section, 697.48 feet; thence east, as a basis of bearings, along the north line of the aforementioned north half, 38.04 feet, to the Point of Beginning; thence continue 161.96 feet; thence S 0°15'22" W., parallel to, and distant 200 feet from the west line of said Section, 173.74 feet; thence N 89°59'49" W, parallel to, and distant 175 feet from the south line of the aforementioned north half, 158.99 feet; thence n, 0043'23" W, along the east right-of-way line of Military Trail, to the Point of Beginning. The above described parcel contains 27,80 square feet or 0.64 acres, more or less. Section 3. 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 I (Industrial) District for the following described property: Lot 1-4, Block "C", Plat of Sunny Acres as recorded in Plat Book 21, Page 63, of the Public Records of Palm Beach County, Florida. The above described parcel contains 60,177 square feet or 1.381 acres, more or less. Section 4. 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 GC (General Commercial) District for the following described property: Lot 26, Block 12, Monroe Subdivision, as recorded in Plat Book 14, Page 67, of the Public Records of Palm Beach County, Florida. The above described parcel contains 6,665 square feet or 0.153 acres, more or less. Section 5. 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 Sections 1 through 4, inclusive, hereof. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. -2- Ord. No. 57-90 Section 7. 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 8. That this ordinance shall become effective i~ediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the llth day of December , 1990. ATTEST: ~ City C~l~rk - / First Reading November 27, 1990 Second Reading Decer.lber 11, 1990 -3- Ord. No. 57-90 BOCA RATON NEWS DiELRAY BEACH NEWS BOY1VTON BEACH NEWS Published Daffy Monday thru Sunday Boca Raton, Palm Beach County, Florida Delray Beach, Palm Beach County, Florida ST.ATE O1~ FLORZDA COUNTY OF PALM BEACH Before the undersigned authority personally ~ o~,~ o~ ~,s ~,~ ~mss,oN OF ~HE CITY OF DELRAY appea~ed ~ANCY WA~ who on oath says that she ~E~C., F~0,m~, THE ZONING CLASSIFICATION FOR is ~he Classified ~dve~sl~g ~&n~ge~ of [~e ~oc~ Fou, PARCELS .OF LAND BY ZONING AND PLACING LAND (NEIGHB~H~D CO~ERC AL ~.~ LAND PRESENTLY ZONED advertisement was published in said newspapers (P~NNED C~ERCSAL) in the issues of: CmAL~ DISTRICT; .EZONING "LACING LAND PRESENTLy ZONED ~tC (~lXED INDUSTRIAL AND CO~EECIAL) DISTRICT ~1 ~ 0 ~ 0 UNDUSTR,ALJ O~STRICT; REZON. - I lNG AND PLACING LAND PRES- ~ - ENTLY ZONED R-J-A [S~NGLE P~ ILY DWELLING) DISTRICT IN GC (GENERAL COMMERCIAL) TRICT;. AND CORRECTING 'ZONING ~AP OF DELRAY BEA~, FLORI- DA, )~'; PROVIDJH$ A REPEALER C~USE; A GENERAL REPEALER CLAUSE PROVIDING AN EFFECTIVE DATE. Affiant further says that the s~d Boca Raton ,~e ,~*e er~in,nce s pub~ by Capti~ only as r~uired by State Law. News and De~ay Beach News are newspapers pub- ,. m~ ominence may ~ s~l~ ~t t~e 0ffic~ ~ ~e City lished at Boca Raton, in said Palm Beach County, ~, ,,~.o~ ,~,,. ~. ,.~. ,,, ~,~. Oelray Beach, F]0rida, from 8:~ A.~, Florida, Monday through Sunday. and have been ~ ~:, ~.~., ~, ,,~ entered as second class mater at the post office in ~,,, mae, ,n the C0mmissi0. at t~e City H~U on ~lt~ ~ ~ ~ Boca Raton, Palm Beach County, ~orida, for ape- ~, lm at 7:~ PM. 0r et any riod of one year next preceding the f~st publica- ., by ~he Commission), at which time tion of the at~ched copy of advertisement; and .., all ~r~ns imerest~ wit} ~ g~v~ affiant further says that she has neither paid nor ~-~ ,~, ~ ~ .~ 0r ~ promised any person, firm or corporation any dis- ,h~ city Commission with r~c, count, rebate, commission or refund for the put- ~n'he.~i.o, suc, ~r~s .,,, ,~ pose of s~uring this advertisement for publication ~, pur~e such ~er~s m~y n~ Sworn to scribed bolo e me this day of . A.D.. 19. My Commission expir~u~\r~u'~_/_~/