Ordinance No. 31-19ORDINANCE NO. 31-19
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULA TI ONS OF THE CITY OF DELRAY BEACH BY REZONING
AND RE-DESIGNA TING LAND PRESENTLY ZONED MULTIPLE
FAMILY RESIDENTIAL - MEDIUM DENSITY (RM) DISTRICT TO
CENTRAL BUSINESS (CBD) DISTRICT, WITHIN THE WEST ATLANTIC
NEIGHBORHOOD SUB-DISTRICT; FOR THE PROPERTIES LOCATED
AT 36 SOUTHWEST 6TH A VENUE, 40 SOUTHWEST 6TH A VENUE, 46
SOUTHWEST 6TH A VENUE, 48 SOUTHWEST 6TH A VENUE, 4 I
SOUTHWEST 7TH A VENUE, AND 37 SOUTHWEST 7TH A VENUE, AS
MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "CITY OF
DELRAY BEACH, ZONING MAP, JUNE 29, 2017" AND FURTHER
AMENDING THE WEST ATLANTIC NEIGHBORHOOD SUB-DISTRICT
AND REGULA TING MAPS IN SECTION 4.4.13, LAND DEVELOPMENT
REGULATIONS ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE,
AND A SEVERABILITY 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 Multiple Family Residential - Medium Density (RM) District; and
WHEREAS, the Delray Beach CRA, is the fee simple owner of36 Southwest 6th A venue, 46 Southwest
6th Avenue, 48 Southwest 6th Avenue, and 37 Southwest 7th Avenue, 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 rezoning from Multiple Family Residential - Medium Density (RM) to Central Business
District (CBD) for these parcels; and
WHEREAS, the property owners of a 0.1726 acre± parcel at 41 Southwest 7th A venue and a 0.1569
acre± parcel at 40 Southwest 6th A venue have also requested rezoning from Multiple Family Residential -
Medium Density (RM) to Central Business District (CBD) for these parcels; and
WHEREAS, a Comprehensive Plan designation of Commercial Core was simultaneously requested
for said parcels, and approved by the City of Delray Beach on October 15, 2019; and
WHEREAS, re-designation of the City of Delray Beach Zoning map of said land from City of Delray
Beach Multiple Family Residential - Medium Density (RM) District to City of Delray Beach Central
Business District (CBD) was simultaneously requested; and
WHEREAS, pursuant to Florida Statutes 163 .317 4( 4 )( c ), the Planning and Zoning Board for the
City of Delray Beach, sitting as the Local Planning Agency, considered this item at a public hearing on
Ord.No.31-19
August 19, 2019 and voted 5-0 to recommend that the property hereinafter described be rezoned to City of
Delray Beach Central Business District (CBD), 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 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 West Atlantic Neighborhood 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. The recitations set forth above are incorporated herein.
Section 2. 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 West Atlantic
Neighborhood Sub-district, for the properties described in Exhibit A:
Section 3. The City of Delray Beach Zoning Map and the West Atlantic Neighborhood Sub-district
Map and Regulating Plan as shown in Figure 4.4.13-3 and Figure 4.4.13- 6 in Section 4.4.13 Central Business
(CBD) District of the Land Development Regulations, as shown in Exhibit B, shall, upon the effective date
of this ordinance, be amended to conform with the provisions of Section 2 hereof.
Section 4. All ordinances or parts thereof or parts of the Code conflicting or inconsistent with the
provisions of this ordinance are hereby repealed.
Section 5. 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. This ordinance shall become effective only after the effective date of Ordinance No. 3 0-
19, and upon approval at second reading. No development orders, or land uses dependent on this
amendment may be issued or commence before it has become effective.
Ord.No.31-19
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~SED AND ADOPTED in regular session on second a
£))¿ ,2019.
:f(._
ng on this 15-day of
d legal sufficiency: ,.
First Reading _(,_1-_5_-_J _9 __
Second Reading I O - I S - I q
Ord. No. 31-19
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EXHIBIT A
36 SOUTHWEST 6TH 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 A VENUE (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 AVENUE (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 AVENUE (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
3 7 SOUTHWEST 7TH A VENUE (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.
Ord. No. 31-19
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EXHIBIT B
Figure 4.4.13-6 West Atlantic Neighborhood Sub-district Regulating Plan
Legend
-cBDZONING
WEST ATLANTIC NEIGHBORHOOD
rJI WEST ATLANTIC NEIGHBORHOOD COMMERCIAL AREA
- REQUIRED RETAIL FRONTAGE
- PRIMARY STREETS
G PUBLIC PARKING GARAGE
<X><;'. OSSHAD ZONING WITH CBD OVERLAY
Ord.No.31-19
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