Ordinance No. 05-19 failed on 2nd reading ORDINANCE NO. 05-19
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ADOPTING A SMALL SCALE
FUTURE LAND USE MAP AMENDMENT RE-DESIGNATING A
PARCEL OF LAND APPROXIMATELY 0.433± ACRE E
FROM COMMUNITY FACILITIES (CF) TO CO 1 � �
CORE (CC), PURSUANT TO SECTION 163.31 FLORID
STATUTES, FOR THE PROPERTY LOC AT THE
SOUTHWEST CORNER OF EAST ATLANTIC V AND SE
RD
3 AVENUE, AS MORE PARTICU i Y IBED
HEREIN, PROVIDING A CONFLIC CL��USE,
A
SEVERABILITY CLAUSE; PROVID AN EF ', CTIVE
AND FOR OTHER PURPOSES.
WHEREAS, the City of Delray Beach exercised the a ty granted suant to the provisions
of Florida Statutes Sections 163.3161 throu 163.3248,incluse own a e"Community Planning
Act"; and, � ,
WHEREAS, via Ordinanc I �o. 82- c City Com ' sdopted the document entitled
"Comprehensive Plan - Delray lorida
WHEREAS, Pierre Delray IT, C, is th' a mple owner of a parcel of land which
measures approximatel,�0.433 acres and is ed on th outhwest corner of East Atlantic Avenue and
SE 3rd Avenue; and,
11111111 ao ��,
WHEREAS, the s ect herein"er described has an existing Future Land Use Map
FLUM de ti01101 C �s a '� ''"",'� F); and
OHEREA the owne� f the property requested re-designating the Future Land Use Map from
� ,
Co Facih (CF) to mercial Core (CC)for this parcel; and
WH' S atits meets g of December 17, 2018, the Planning and Zoning Board, sitting as
Local Planning����'�ncy, considered this item at a public hearing and voted 5 to 0 to recommend
approval; ands
WHEREAS ursuant 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 Board 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 Commercial Core(CC)is hereby deemed the Future Land
Use Map designation on the Future Land Use Map of the City of Delray Bea orida.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY C ISSIONE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are me atedIr
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Section 2. That the Future Land Use Map desi on of the°°°subject pro is l ' by officially
designated as Commercial Core (CC). �
Section 3. That the City Commission of the City of""�� Beach, Fl da hereby declares its
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intent to exercise the authority granted suant to the prof s of S ions 163.3161 through
163.3248 Florida Statutes inclusive kn as the "Community 1 � " ct."
�ll� 0 44f
Section 4. That the Future d Use f the City of Ira each, Florida,be, and the same
is hereby amended to reflect a �° and Use°0j I (FLUM) ' ignation of Commercial Core (CC)
for the following described property:
All of,he North one hunJJJ��iinety-ni�feet (199') of Block 85, lying
A, i / O
East of the Flo J st Coast Railway t-o ff way,in the City of Delray,Florida,
own of Lint6 �`w Delray Beach on file in the Office
according to a P �� �%� , � y ,
of the Clerk of C1 �� rt in for Palm Beach County, Florida, as
rec W in Plat B ', 1 ge
L s: I/
,ds coed to the it), of Delray Beach, by Deed dated September 15, 1924
r 1 e �I '�ed Boo �1 Page 241, of the Public Records of Palm Beach
Cou' °''
� lorida;
December
Lands
reco de`� be d Book 621,, Page 1115 Beach, by
the Public dated
caRedcords o Palm
, 1940
andBeach
County, Flo da;
Lands conveyed to Thelma A. Priest and O. D. Priest, her husband, by deed dated
October 26, 1940 and recorded in Deed Book 721, Page 568, Palm Beach County
Public Records, except the North 1.25 feet of said lands conveyed to Priest and
Wife.
2 ORD NO. 05-19
Said land situated in the City of Delray Beach, Palm Beach County, Florida and
contains 0.433 acres, more or less.
Section 5. That the Future Land Use Map of the City of Delray Beach, Florida, shall, upon the
effective date of this ordinance, be amended to conform to the provisions of n 4 hereof.
Section 6. Repeal of Conflicting Ordinance. All ordinances or �s thereof o bi of the Code
conflicting or inconsistent with the provisions of this ordinance are y repealed. ���
Section 7. If any word, clause, sentence, paragraph����
on or ' hereof cont ed in this
Ordinance is declared to be unconstitutional, unenforceable id or inoperati/1, a court competent
iii ll
jurisdiction, such declaration shall not affect the validity e remai'P er of this nc
Section 8. That this ordinance shall become effecti�/ rt , ne( '1)d�" s a r adoption,unless
the Comprehensive Plan amendment is timely challenged. ly challeng �, the effective date of
this Ordinance shall be the date a final order issued by the St a U' d Plan 'g or the Administration
Commission, finding the adopted a ent to be in com " ` o development orders,
development permits, or land uses de e ,�' this amendmen�may sued or commence before it
has become effective. If a final or of nonce, 'ance is issue°�i by, 'e Administration Commission,
ie
this amendment may neverthele,, 1 ade effec' � adopt io �,� a resolution affirming its effective
sent to t ° ��'
status, a copy of which resolution shy �f � � e la � arming agency.
r
PASSED ANDIADOPTED in regul I ssion o �cond and final reading on this the day
of
Shelly Petrolia, Mayor
0 PON
ATTE
Katerri John l ity Clerk
First Reading
Second Readingr�a
Approved as to form and legal sufficiency:
City Attorney
3 ORD NO. 05-19