Ord 43-10ORDINANCE NO.43-10
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ESTABLISHING INITIAL CITY
ZONING OF PC (PLANNED COMMERCIAL); SAID LAND
LOCATED AT THE NORTHWEST CORNER OF MILITARY TRAIL
AND WEST ATLANTIC AVENUE, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, "OCTOBER 2009"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, at its meeting of July 19, 2010, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing
and voted 6 to 0 to recommend the establishment of an initial zoning classification of PC
(Planned Commercial), based upon positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning
Board, sitting as the Local Planning Agency, has determined that the changes are
consistent with and further the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in
the Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be,
and the same is hereby amended to reflect a zoning classification of PC (Planned
Commercial) District for the following described property:
A part of the East three quarters (E 3/.) of the Northeast quarter (NE '/.) of the
Southeast quarter (SE '/.) and the West half (W %) of the Southwest quarter (SW
'/,) of the Northeast quarter (NE '/4) of the Southeast quarter (SE '/.) of Section 14,
Township 46 South, Range 42 East, Palm Beach County, Florida, lying West of the
Westerly apparent ultimate right-of-way line of State Road 809 (Military Trail), said
ultimate right-of-way line being 60 feet West of the centerline as shown in Road
Plat Book 2 at page 26, Public Records of Palm Beach County, Florida, being
more particularly described as follows:
For a point of reference commence at the intersection of the Easterly prolongation
of the Northerly apparent ultimate right of-way line of State Road 806 (West
Atlantic Avenue), said apparent ultimate right-of-way line being 60 feet north of the
centerline as shown in Road Plat Book 3 at page 26, Public Records of Palm
Beach County, Florida, with the Southerly prolongation of the said Westerly
ultimate right-of-way line of State Road 809; thence N 0° 56' 08" W., along said
Westerly ultimate right-of-way line, 25.27 feet to the Point of Beginning; thence
continue N 0° 56' 08" W., along said ultimate right of way line, 1282.31 feet to the
North line of the said East three quarters (E 3/.) of the Northeast quarter (NE '/.) of
the Southeast quarter (SE '/.); thence S 88° 32' 49" W., along said North line,
908.70 feet to the West line of the said East three quarters (E '/.) of the Northeast
,.
quarter (NE '/.) of the Southeast (SE '/.); thence S 0° 05 05 W., along said West
line, 692.44 feet to the North line of the said West half (W '/z) of the Southwest
quarter (SW Y.) of the Northeast quarter (NE '/.) of the Southeast quarter (SE '/.);
thence S 88° 49' 19" W., along said North line, 334.32 feet to the West line of the
said West half (W '/z) of the Southwest quarter (SW '/,) of the Northeast quarter
(NE '/.) of the Southeast quarter (SE '/.); thence S 0° 05' 54" W., along said West
line, 591.86 feet to the said Northerly apparent ultimate right-of-way line of State
Road 806; thence N 89° 41' 34" E., along said ultimate right-of-way line, 1240.78
feet; thence N 44° 22' 43" E., 35.55 feet to the said Point of Beginning.
Less that parcel conveyed to Lake Worth Drainage District by Quit Claim Deed
recorded in Official Record Book 3292, Pages 941 and 942 of the Public Records
of Palm Beach County, Florida.
Also, less and except right-of-way conveyed to Palm Beach County by right of way
warranty deed, dated March 31, 1988, recorded September 22, 1988, in Official
Record Book, 5816, page 133, Public Records of Palm Beach County, Florida.
Containing 30.26 acres, more or less.
Section 3. That the Planning and Zoning Director of the said City shall, upon the
effective date of this ordinance, amend the Zoning Map of the City of Delray Beach,
Florida, to conform with the provisions of Section 2 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and
ORD N0.43-10