Ordinance No. 06-19 failed on 2nd reading ORDINANCE NO. 06-19
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH
BY REZONING AND RE-DESIGNATING LAND PRESET NED
COMMUNITY FACILITIES (CF) DISTRICT TO CEN S
(CBD) DISTRICT, WITHIN THE CENTRAL CORE S - ISTRICT; "
LAND IS LOCATED AT THE SOUTHWEST ER OF EA�
ATLANTIC AVENUE AND SE 3RD AVENUE,AS MU � RTICULARL
DESCRIBED HEREIN; AMENDING "CI f F DY BEACH,'I f
ZONING MAP JUNE 29 2017" AND TR A / G THE
CENTRAL CORE SUB-DISTRICT A RI-GULATING 'S I
SECTION 4.4.13, LAND D // PMEN REGU ���� i `S
ACCORDINGLY; PROVIDING A � C CT US : A r: A
SEVERABILITY CLAUSE; PROVIDING A ' ECTIVE T ' AND
FOR OTHER PURPOSES.
WHEREAS, the property hereina cribed is shown on � �, f Delray Beach Zoning Map,
dated June 29,2017, as being zoned Co ,muilities (CF) Dist� t; an
WHEREAS, Pierre Delr�Ari,%, LLC is �ee simple ner of the property which measure
approximately 0.433acres ± and is toon the s « est er of East Atlantic Avenue and SE 3ra
Avenue; and
WHEREAS, at i�° eting of Decemb ''�jf 20 / ; the Plan and Zonin Board for the Ci of
,� g g
Delray Beach, sitting as th �i ening Agency, ered this item at a public hearing and voted 5 to 0 to
recommend that the proper her �rT escribed rezoned,based upon positive findings; and
W ,pursuant/�, rida Stat e63.3174(4)(c), the Planning and Zoning Board, sitting as the
Local P n '�
dig Agency, has de Tuned tha"the changes are consistent with and further the objectives and
police he Com ehensive Pll; and
W� , the City Com "ssion of the City of Delray Beach finds the zoning designation of Central
Business (CB trict is consistent with the Comprehensive Plan designation of Commercial Core (CC); and
WHEREAS, propriate that the Zoning District Map of the City of Delray Beach, Florida, is
amended to reflect the �i sed zoning classification; and
WHEREAS, it is appropriate that the Central Core Sub-district and Regulating Plan maps in Section
4.4.13 of the Land Development Regulations are amended to be consistent with the revised zoning
classification.
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 B l� and the same is
hereby amended to reflect a zoning classification of Central Business (CB District, wit Central Core
Sub-district,for the following described property: "A ,
All of the North one hundred nine -nine feet 199 of B �'r 85,1 iri j St of the Flo East Coast
Railway right-of-way, in the City of Delray, Florida, a rdingto a Plat e Town Anton, now
Delray Beach, on file in the Office of the Clerk ofe Circuit ourt in an �rt
Pal -each County,
Florida, as recorded in Plat Book 1, Page 3, �l
Less:
Lands conveyed to the City of Delray each, by Deed 1) eptember�, 1924 recorded in Deed
Book 341, Page 241, of the Public;e Ree/'//'//"ds of Palm Beach Co lori
Lands conveyed to the City of eiray� by deed dated"I/ ece r 24, 1940 and recorded in Deed
Book 621,Page 115, of the P c Record'Avl' lm Beach Co' ty, Florida;
Lands conveyed to Thelma A. 1'° G�; and O D ° st, l Husband, b deed dated October 26, 1940
r Y
and recorded in Deed Book 721 P �f 8 Palm �1° ounty Public Records except the North 1.25
feet of said lands,conveyed to Priest ari d/e.
Said land situated � l�lll/ of Delray B � alm Beach County, Florida and contains 0.433 acres,
more or less.
That thof Delr r �. each Zoning Map and the Central Core Sub-district Map and
Regula flan as shown in Se n 4.4.13 entral Business (CBD) District, Figure 4.4.13-4 and Figure 4.4.13-
7, of ,and De�O� -opment R �,ulations, shall, upon the effective date of this ordinance, be amended to
con orm hef ,,ons of Se i'I r `2 hereof.
Is
Sectiori'0p��° fThat all ordinances or parts thereof or parts of the Code conflicting or inconsistent with
the provisions of' dinance are hereby repealed.
Section 5. at if any word, clause, sentence, paragraph, section or part thereof contained in this
Ordinance is declare to be unconstitutional, unenforceable, void or inoperative by a court of competent
jurisdiction, such declaration shall not affect the validity of the remainder of this ordinance.
Section 6. That this ordinance shall become effective only after the effective date of Ordinance
No. 05-19, which date is March 12, 2019, and upon approval at second reading. No development orders,
Ord. No. 06-19
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development permits, or land uses dependent on this amendment may be issued or commence before it has
become effective.
PASSED AND ADOPTED in regular session on second and final reading on this day of
12019.
ATTEST:
Shelly Petrol ` ayor
Katerri Johnson, City Clerk ��
���
First Reading „ ��
Second Reading �������
Approved as to form and legal sufficiency:
���
Lynn Gelin,Interim City Attorney
°00�ooi
���,,,, of
140A
101011f
Ord. No. 06-19
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