89-91 ORDINANCE NO. 89-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN GC
(GENERAL COMMERCIAL) DISTRICT, IN PART, AND AC
(AUTOMOTIVE COMMERCIAL) DISTRICT, IN PART; SAID LAND
KNOWN AS DBO ACRES, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 63, PAGE 13 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA; AND AMENDING
"ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990";
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the GC
(General Commercial) District, in part, and AC (Automotive Commercial)
District, in part, as defined in Chapter Four of the Land Development
Regulations of Delray Beach, Florida, to-wit:
GC (General Commercial) District
Lots 1, 2 and the west 525 feet of Lot 3 and Tract
"B", DBO Acres, according to the Plat thereof recorded
in Plat Book 63, Page 13 of the Public Records of Palm
Beach County, Florida.
The above described parcel contains 4.68 acres of
land, more or less.
AC (Automotive Commercial) District
The east 140 feet of Lot 3, DBO Acres, according to
the Plat thereof recorded in Plat Book 63, Page 13 of
the Public Records of Palm Beach County, Florida.
The above described parcel contains 0.8 acres of land,
more or less.
The subject property is located on the south side of
Linton Boulevard between S.W. 4th Avenue and the
Florida East Coast (FEC) Railroad, Delray Beach,
Florida.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective i~e-
diately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 10th day of Dece~er , 1991.
ATTEST:
~ity Cle~
First Reading Nove~er 26~ 1991
Second Reading December l0t 1991
· -2- Ord. NO. 89-91
ORDINANCE NO. 89-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN GC
(GENERAL COMMERCIAL) DISTRICT, IN PART, AND AC
(AUTOMOTIVE COMMERCIAL) DISTRICT, IN PART; SAID LAND
KNOWN AS DBO ACRES, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 63, PAGE 13 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA; AND AMENDING
"ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990";
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the GC
(General Commercial) District, in part, and AC (Automotive Commercial)
District, in part, as defined in Chapter Four of the Land Development
Regulations of Delray Beach, Florida, to-wit:
GC (General Commercial) District
Lots 1, 2 and the west 525 feet of Lot 3 and Tract
"B", DBO Acres, according to the Plat thereof recorded
in Plat Book 63, Page 13 of the Public Records of Palm
Beach County, Florida.
The above described parcel contains 4.68 acres of
land, more or less.
AC (Automotive Commercial) District
The east 140 feet of Lot 3, DBO Acres, according to
the Plat thereof recorded in Plat Book 63, Page 13 of
the Public Records of Palm Beach County, Florida.
The above described parcel contains 0.8 acres of land,
more or less.
The subject property is located on the south side of
Linton Boulevard between S.W. 4th 'Avenue and the
Florida East Coast (FEC) Railroad, Delray Beach,
Florida.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective imme-
diately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the __ day of , 1991.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
i
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERa~~
SUBJECT: AGENDA ITEM ~ ~_~- MEETING OF NOVEMBER 26, 1991
ORDINANCE NO. 89-91
DATE: November 22, 1991
This is a first reading of an ordinance rezoning property located on
the southeast corner of Linton Boulevard and S.W. 4th Avenue (D.B.O.
Acres) from PC (Planned Commercial) to GC (General Commerical) and AC
(Automotive Commercial) zone districts, in part.
This ordinance incorporates the applicants initial request for
rezoning which sought to rezone approximately 4.68 acres from PC to
GC and .80 acres from PC to AC. That request was subsequently
modified at your September 24th meeting. The impetus for the
modification was the Planning and Zoning Board's recommendation of
denial. At that time concerns were voiced with the regard to the
effect of removing the minimum building size and the effect of
traffic associated with the increased development potential.
Subsequently, the Planning and Zoning Board at their November 18th
meeting reviewed a modified petition which rezoned the property to
GC (General Commercial), AC (Automotive Commercial) and PC (Planned
Commercial), in part. It was the consensus of the Board that if the
modified petition was approved, the development potential for the
balance of the property retained in PC would be limited to similar
uses, i.e. fast food restaurants. The Board recommended denial of
the modified request on a 4-1 vote. As no further modification is
permitted to the caption of Ordinance No. 73-91, this new ordinance
is proposed.
Additionally, the Board recommended that if any change is made to
accommodate the original zoning request it should be subject to the
condition that prior to second reading, proof is provided that the
entry adjacent to KFC can be closed and a more substantial, central
entry can be provided. If this cannot be accommodated, the Board
recommends that the entire property remain PC.
Recommend approval of Ordinance No. 89-91 subject to the conditions
as recommended by the Planning and Zoning Board.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~~
SUBJECT: AGENDA ITEM ~ %0b - MEETING OF DECEMBER 10, 1991
ORDINANCE NO. 89-91
DATE: December 6, 1991
This is a second reading of an ordinance rezoning property located
on the southeast corner of Linton Boulevard and S.W. 4th Avenue
(D.B.O. Acres) from PC (Planned Commercial) to GC (General
Commercial) and AC (Automotive Commercial) zone districts, in part.
This ordinance incorporates the applicants initial request for
rezoning which sought to rezone approximately 4.68 acres from PC to
GC and .80 acres from PC to AC. That request was subsequently
modified at your September 24th meeting.
Subsequently, the Planning and Zoning Board at their November 18th
meeting reviewed the modified petition. It was the consensus of
the Board that if the modified petition were approved, the
development potential for the balance of the property retained in PC
would be limited to similar uses, i.e. fast food restaurants. The
Board recommended denial of the modified request on a 4-1 vote. As
no further modification was permitted to the caption of Ordinance No.
73-91, this new ordinance is proposed.
Additionally, the Board recommended that if this change is made to
accommodate the original zoning request it should be subject to the
condition that prior to second reading, proof is provided that the
entry adjacent to KFC can be closed and a more substantial, central
entry can be provided. If this cannot be accommodated, the Board
recommends that the entire property remain PC.
Recommend approval of Ordinance No. 89-91 subject to the conditions
as recommended by the Planning and Zoning Board.
/ ~ ..> .... : .. . . :,.'~
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Boca ~a~on, Palm Beach County, Florida
Delray Beach, Palm Beach County, Florida
81111 OF FLORIDA
COUNTY OF PALM B~ACH
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