Ordinance No. 05-19 passed on 2nd readingORDINANCE 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 IN SIZE
FROM COMMUNITY FACILITIES (CF) TO COMMERCIAL
CORE (CC), PURSUANT TO SECTION 163.3187, FLORIDA
STATUTES, FOR THE PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF EAST ATLANTIC A VENUE AND SE
3RD AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN, PROVIDING A CONFLICTS CLAUSE, AND A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
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, Pierre Delray Two, LLC, is the fee-simple owner of a parcel of land which
measures approximately 0.433 acres and is located on the southwest comer of East Atlantic A venue and
SE 3rd Avenue; and,
WHEREAS, the subject property hereinafter described has an existing Future Land Use Map
(FLUM) designation of Community Facilities (CF); and,
WHEREAS, the owner of the property requested re-designating the Future Land Use Map from
Community Facilities (CF) to Commercial Core (CC) for this parcel; and,
WHEREAS, at its meeting of December 17, 2018, the Planning and Zoning Board, sitting as
Local Planning Agency, considered this item at a public hearing and voted 5 to O to recommend
approval; and,
WHEREAS, pursuant to Florida Statutes 163.3 l 74(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 Beach, Florida.
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
designated as Commercial Core (CC).
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 Sections 163.3161 through
163.3248, Florida Statutes, inclusive, known as the "Community Planning Act."
Section 4. That the Future Land Use Map of the City of Delray Beach, Florida, be, and the same
is hereby amended to reflect a Future Land Use Map (FLUM) designation of Commercial Core (CC)
for the following described property:
All of the North one hundred ninety-nine feet (199') of Block 85, lying
East of the Florida East Coast Railway right-of-way, in the City of Delray, Florida,
according to a Plat of the Town of Linton, now Delray Beach, on file in the Office
of the Clerk of the Circuit Court in and for Palm Beach County, Florida, as
recorded in Plat Book I, Page 3,
Less:
Lands conveyed to the City of Delray Beach, by Deed dated September 15, 1924
recorded in Deed Book 341, Page 241, of the Public Records of Palm Beach
County, Florida;
Lands conveyed to the City of Delray Beach, by deed dated December 24, 1940
and recorded in Deed Book 621, Page 115, of the Public Records of Palm Beach
County, Florida;
Lands conveyed to Thelma A. Priest and 0. 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 Section 4 hereof.
Section 6. Repeal of Conflicting Ordinance. All ordinances or parts thereof or parts of the Code
conflicting or inconsistent with the provisions of this ordinance are hereby repealed.
Section 7. If any word, clause, sentence, paragraph, section or part thereof contained in this
Ordinance is declared 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 8. That this ordinance shall become effective 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 1
of .A.A, , 2019.
First Reading
Second Reading
orm and legal sufficiency:
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