Ord 30-16EITY OF DELRAY BEACH
DELRAY BEACH CITY CLERK 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 • 561/243-7000
All-AmericaCity
1993 CERTIFICATION
2001
I, CHEVELLE D. NUBIN, MMC, City Clerk of the City of Delray
Beach, do hereby certify that the attached document is a true and correct
copy of Ordinance No. 30-16, as the same was passed and adopted by the
Delray Beach City Commission in regular session on the Pt day of November,
2016.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 8th day of
November, 2016.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach, Florida
SERVICE • PERFORMANCE • INTEGRITY • RESPONSIBLE • INNOVATIVE • TEAMWORK
ORDINANCE NO. 30-16
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA ADOPTING A SMALL-SCALE FUTURE LAND USE MAP
AMENDMENT FROM TRN (TRANSITIONAL) TO GC (GENERAL
COMMERCIAL), PURSUANT TO THE PROVISIONS OF THE "COMMUNITY
PLANNING ACT", FLORIDA STATUTES SECTION 163.3187, FOR TWO
PROPERTIES OF LAND LOCATED AT 4591 WEST ATLANTIC AVENUE
AND 4561 WEST ATLANTIC AVENUE, ON THE NORTH SIDE OF WEST
ATLANTIC AVENUE, APPROXIMATELY 150 FEET WEST OF BARWICK
ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, AND REZONING
AND PLACING SAID LAND PRESENTLY ZONED NC (NEIGHBORHOOD
COMMERCIAL) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT;
AMENDING "OFFICIAL ZONING MAP OF DELRAY BEACH, FLORIDA,
DATED JANUARY 2012" (AS AMENDED); PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the
provisions of Florida Statutes Sections 163.3161 through 163.3248, inclusive, known as the
"Community Planning Act"; and
WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled
"Comprehensive Plan - Delray Beach, Florida"; and
WHEREAS, the subject property hereinafter described has an existing Future Land Use
Map (FLUM) designation of TRN (Transitional); and
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated January 2012 (as amended), as being zoned NC (Neighborhood
Commercial) District; and
WHEREAS, at its meeting of September 26, 2016, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 4
to 0 to recommend that the Future Land Use Map designation and zoning classification be changed
for the property hereinafter described, 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
WHEREAS, it is appropriate that the Future Land Use Map and Zoning District Map of the
City of Delray Beach, Florida be amended to reflect the revised designations.
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 Future Land Use Map designation of the subject property is hereby
officially affixed as GC (General Commercial)
Section 3. That the City Commission of the City of Delray Beach, Florida, hereby declares
its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections
163.3161 through 163.3248, inclusive, known as the "Community Planning Act."
Section 4. 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 GC (General Commercial) District for
the following described properties:
Lots 1 thru 4 and the west 35 feet of Lot 5, Highland Trailer Park, according to the Plat thereof as recorded
in Plat Book 24, Page 213, of the Public Records of Palm Beach County Florida, less the North 8 feet and
the South 28.25 feet road right-of-way thereof.
Together With
Lots 5 (less the west 35 feet), Lot 6 and the west 32 feet of Lot 7, Highland Trailer Park, according to the
Plat thereof as recorded in Plat Book 24, Page 213, of the Public Records of Paha Beach County Florida,
less the North 8 feet and the South 28.25 feet road right-of-way thereof.
Section 5. 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 4 hereof.
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same
ate hereby repealed.
Section 7. That should any section or provision of this ordinance or any portion thereof,
ORD NO. 30-16
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 as follows: thirty-one (31) days after
adoption, unless the Comprehensive Plan amendment is timely challenged. If timely challenged, the
effective date of this Ordinance shall be the date a final order is issued by the State Land Planning or
the Administration Commission, finding the adopted amendment to be in compliance. No
development orders, development permits, or land uses dependent' on this amendment may be
issued or commence before it has become effective. If a final order of noncompliance is issued by
the Administration Commission, this amendment may nevertheless be made effective by adoption
of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land
planning agency.
PASSED AND ADOPTED in regular session on second and final reading on this the 1'
day of November, 2016.
ATTEST
City Clerk
First Reading: October 18, 2016
Second Reading: November 1, 2016
MAYOR
ORD NO. 30-16