Ordinance No. 30-19ORDINANCE NO. 30-19
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA ADOPTING A SMALL SCALE
FUTURE LAND USE MAP AMENDMENT RE-DESIGNA TING
LAND APPROXIMATELY 0.957± ACRES IN SIZE FROM
MEDIUM DENSITY (MD) TO COMMERCIAL CORE (CC),
PURSUANT TO SECTION 163.3187, FLORIDA STATUTES, FOR
THE PROPERTIES LOCA TED AT 36 SOUTHWEST 6TH A VENUE,
40 SOUTHWEST 6TH A VENUE, 46 SOUTHWEST 6TH A VENUE,
48 SOUTHWEST 6TH A VENUE, 41 SOUTHWEST 7TH A VENUE,
AND 37 SOUTHWEST 7TH AVENUE, AS MORE PARTICULARLY
DESCRIBED HEREIN, PROVIDING A CONFLICTS CLAUSE,
AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE
DA TE; 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, the Delray Beach CRA, is the fee simple owner of 36 Southwest 6th Avenue, 46
Southwest 6th A venue, 48 Southwest 6th A venue, and 3 7 Southwest 7th A venue, which measures
approximately 0.6276 acres± and is located south of West Atlantic Avenue and between SW 6th Avenue
and SW 7th Avenue; and
WHEREAS, BH3 Management, LLC, on behalf of the Delray Beach Community
Redevelopment Agency, requested re-designating the Future Land Use Map from Medium Density
(MD) to Commercial Core (CC) for these parcels; and
WHEREAS, the property owners of a 0.1726 acre± parcel at 41 Southwest 7th Avenue and a
0.1569 acre± parcel at 40 Southwest 6th A venue have also requested re-designating the Future Land Use
Map Medium Density (MD) to Commercial Core (CC) for these parcels, which measure; and
WHEREAS, the subject property hereinafter described has an existing Future Land Use Map
(FLUM) designation of Medium Density (MD); and
WHEREAS, pursuant to Florida Statutes 163.3174(4), the Planning and Zoning Board for the
City of Delray Beach, sitting as Local Planning Agency, considered this item at a public hearing on
August 19, 2019, and voted 5 to O to recommend that the Future Land Use Map designation be changed
for the property hereinafter described, finding that the request and approval thereof is consistent with
the Comprehensive Plan and meets the criteria set forth in the Land Development Regulations; 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. The recitations set forth above are incorporated herein.
Section 2. The Future Land Use Map designation of the subject properties is hereby officially
affixed as Commercial Core (CC).
Section 3. 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. 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 properties described in Exhibit A.
Section 5. 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. 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. 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.
2 ORD NO. 30-19
PASSED AND ADOPTED in regular session on second and final reading on this the 15-t.:ß_day
of ÜCitrhvL- , 2019.
First Reading
Second Reading
q-s-,g
/0- 15-/~
and legal sufficiency:
3 ORD NO. 30-19
EXHIBIT A
36 SOUTHWEST 6T11 AVENUE (PCN 12-43-46-16-01-013-0170)
A parcel of land in Block 13, Map of the Town of Linton (now Delray), according to the map or plat
thereof, as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida, being
more particularly described as follows:
Commencing 150 North from the Southeast comer of Block 13 for a Point of Beginning; thence West
135 feet, thence North 50 feet, thence East 135 feet; thence South 50 feet to the point of beginning.
And
40 SOUTHWEST 6TH A VENUE (PCN 12-43-46-16-01-013-0180)
North 50 feet of South 150 feet of East 135 feet of Block 13, TOWN OF DELRAY, according to the
Plat thereof, as recorded in Plat Book 1, Page 3 of the Public Records in Palm Beach County, Florida.
And
46 SOUTHWEST 6TH AVENUE (PCN 12-43-46-16-01-013-0190)
The North 50 feet of the South 100 feet of the East 135 feet, Block 13, Town of Linton (Now known as
Delray Beach), according to the map of the plat thereof, as recorded in Plat Book 1, Page 3, Public
Records of Palm Beach County, Florida.
And
48 SOUTHWEST 6TH A VENUE (PCN 12-43-46-16-01-013-0200)
Commencing at the Southeast comer of Block 13 for a point of beginning; Thence North 50 feet; thence
West 135 feet; thence South 50 feet; thence East 135 feet to the point of beginning in Delray Beach,
Florida, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm
Beach County, Florida.
And
41 SOUTHWEST 7TH A VENUE (PCN 12-43-46-16-01-013-0070)
Town of Delray South 55 feet of North 540 feet of West 135 feet of Block 13.
And
37 SOUTHWEST 7TH AVENUE (PCN 12-43-46-16-01-013-0060)
Commencing four hundred thirty five ( 435) feet South from the Northwest comer of Block thirteen (13)
being in Delray Beach, formerly Town of Linton, according to the Plat now on file in the office of the
Clerk of the Circuit Court recorded in Plat Book 1, Page 3, in and for Palm Beach County, Florida. For
a point beginning, thence East one hundred thirty-five (135) feet, thence South fifty (50) feet, thence
West one hundred thirty-five (135) feet, thence North fifty (50) feet to the point of beginning.
Said land situated in the City of Delray Beach, Palm Beach County, Florida and contains 0.957± acres,
more or less.
4 ORD NO. 30-19