Ordinance No. 06-19 passed on 2nd readingORDINANCE NO. 06-19
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULA TIO NS OF THE CITY OF DELRAY BEACH
BY REZONING AND RE-DESIGNATING LAND PRESENTLY ZONED
COMMUNITY FACILITIES (CF) DISTRICT TO CENTRAL BUSINESS
(CBD) DISTRICT, WITHIN THE CENTRAL CORE SUB-DISTRICT; SAID
LAND IS LOCATED AT THE SOUTHWEST CORNER OF EAST
ATLANTIC AVENUE AND SE 3Rn AVENUE, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "CITY OF DELRAY BEACH,
ZONING MAP, JUNE 29, 2017" AND FURTHER AMENDING THE
CENTRAL CORE SUB-DISTRICT AND REGULATING MAPS IN
SECTION 4.4.13, LAND DEVELOPMENT REGULATIONS
ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, AND A
SEVER.ABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, the property hereinafter described is shown on the City of Delray Beach Zoning Map,
dated June 29, 2017, as being zoned Community Facilities (CF) District; and
WHEREAS, Pierre Delray Two, LLC is the fee simple owner of the property which measure
approximately 0.433acres ± and is located on the southwest corner of East Atlantic Avenue and SE 3,c1
Avenue; and
WHEREAS, at its meeting of December 17, 2018, the Planning and Zoning Board for the City of
Delray Beach, sitting as the Local Planning Agency, considered this item at a public hearing and voted 5 to O to
recommend that the property hereinafter described be rezoned, 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 finds the zoning designation of Central
Business (CBD) District is consistent with the Comprehensive Plan designation of Commercial Core (CC); and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, is
amended to reflect the revised 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 COMMISSIO 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 Central Business (CBD) District, within the Central Core
Sub-district, 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 1, 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 orth 1.25
feet of said lands conveyed to Priest and Wife.
Said land situated in the City of Delray Beach, Palm Beach County, Florida and contains 0.433 acres,
more or less.
Section 3. That the City of Delray Beach Zoning Map and the Central Core Sub-district Map and
Regulating Plan as shown in Section 4.4.13 Central Business (CBD) District, Figure 4.4.13-4 and Figure 4.4.13-
7, of the Land Development Regulations, shall, upon the effective date of this ordinance, be amended to
conform with the provisions of Section 2 hereof.
Section 4. That all ordinances or parts thereof or parts of the Code conflicting or inconsistent with
the provisions of this ordinance are hereby repealed.
Section 5. That 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 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.
this 'J.{~ day of
, City Clerk
First Reading I /15 ltr
Second Reading _5~/;;_1~/~t <] _
legal sufficiency:
Ord. No. 06-19
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