51-89 ORDINANCE NO. 51-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL)
DISTRICT, IN PART, RM-10 (MULTIPLE FAMILY
DWELLING) DISTRICT, IN PART, AND R-lA (SINGLE
FAMILY DWELLING) DISTRICT, IN PART, IN SAD
(SPECIAL ACTIVITIES) DISTRICT; SAID LAND BEING
ALL OF THE NORTH 324.04 FEET OF LOT 38, SECTION
9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING EAST
OF THE EAST RIGHT-OF-WAY LINE OF THE FEDERAL
HIGHWAY, BEING STATE ROAD NO. 5, AND EXTENDING
TO THE INTRACOASTAL WATERWAY, LYING AND BEING IN
PALM BEACH COUNTY, FLORIDA, AS PER PLAT RECORDED
IN PLAT BOOK 8 AT PAGE 40 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, AND LOT "A", SNOW
HILL, ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 21, PAGE 83, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED
SOUTH OF THE DELRAY DRIVE-IN THEATRE AND NORTH
OF ALLEN AVENUE, BETWEEN U.S. HIGHWAY NO. 1 AND
THE INTRACOASTAL WATERWAY; GRANTING CONDITIONAL
USE AND SITE AND DEVELOPMENT PLAN APPROVAL WITH
CERTAIN CONDITIONS; .AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, 1983"; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Board, at the meeting
held August 3, 1989, recommended zoning and placing of land
presently zoned GC (General Commercial) District, in part, RM-10
(Multiple Family Dwelling) District, in part, and R-lA (Single
Family Dwelling) District, in part, in the zoning SAD (Special
Activities) District; and,
WHEREAS, the City Commission has determined that such
change should be made,
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 is
hereby zoned and placed in the SAD (Special Activities) District
as defined in Chapter 173 of the Code of Ordinances of the City
of Detray Beach, Florida, to-wit:
All of the North 324.04 feet of Lot 38, Section
9, Township 46 South, Range 43 East, lying East
of the East right-of-way line of the Federal
Highway, being State Road No. 5, and extending
to the Intracoastal Waterway, lying and being in
Palm Beach County, Florida, as per Plat recorded
in Plat Book 8 at Page 40 of the Public Records
of Palm Beach County, Florida;
AND
Lot "A", SNOW HILL, according to the Plat
thereof recorded in Plat Book 21, Page 83, of
the Public Records of Palm Beach County, Flori-
da.
The subject property is located south of the
Delray Drive-In Theatre and north of Allen
Avenue, between U.S. Highway No. 1 and the
Intracoastal Waterway.
The above described parcel contains a 11.11 acre
parcel of land, more or less.
Section 2. That the uses allowed for the subject
property described in Section 1, above, pursuant to Section
173.631 of the Code of Ordinances of the City of Delray Beach,
Florida, shall be as provided for in Exhibit "A" attached hereto
and made a part hereof.
Section 3. That the development of the subject proper-
ty described in Section 1, above, is to be in accordance with the
terms, conditions and provisions as set forth in Exhibit "A"
attached hereto and made a part hereof.
Section 4. That the Planning Director of said City
shall, upon the effective date of this ordinance, change the
Zoning Map of Delray Beach, Florida, to conform with the provi-
sions of Section 1 hereof.
Section 5. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 6. 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 7. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the 22~1d__ day of Auqust , 1989.
MAYOR
ATTEST:
City Clerk-
First Reading Auqu~ 8: 19R9
Second Reading Auqust 22~ 1989
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EXHIBIT "A" TO ORDINANCE
CITY OF DELRAY BEACH :
PROJECT DESCRIPTION
M A R I N A C A Y S.A.D.
A PROJECT APPROVED UNDER THE
SPECIAL ACTIVITIES DISTRICT
PROVISIONS OF THE DELRAY BEACH EXHIBIT "A" TO ORDINANCE #51-89
CITY CODE (173.630-638) CITY OF DELRAY BEACH
AS RECOMMENDED FOR APPROVAL
BY THE PLANNING AND ZONING
BOARD ON AUGUST 3, 1989
I. ALLOWED USES: The following uses are the only uses allowed
within the Marina Cay S.A.D. and are subject to any
limitations herein described:
A. General Commercial Uses:
1. Retail sale of goods as allowed in the General
Commercial (GC) Zone District.
2. Business and Office Uses including professional,
medical, real estate, finance, insurance, accounting,
consulting, and general business offices.
3. Personal Services including barber and beauty shops.
4. Any commercial use involving the care and keeping of
animals, including sate of pets, is prohibited.
B. Specific Commercial Uses:
1. Restaurants and food service including cocktail
lounges, bars, and commercial entertainment when
associated with the lounge or bar. Commercial
entertainment and lounge or bar uses are restricted to
Building # 1.
2. Servicing and.repair of items'which may be sold on the
premises provided that such service and repair is
adjunct to a retail sales business. This shall be
interpreted to not include installation or service or
repair of such items in the marina with the exception
of boats which regularly occupy assigned slips.
C. Residential Use:
1. Residential dwelling units limited to a maximum unit
count of 102. Minimum floor area requirements as set
forth in the RH Zone District apply. There are no
limitations, minimum or maximum, on the number of bedrooms.
D. Marina Use:
1. Sixty-two (62) slips/docks for boats.
2. The slips are for use only by owners of condominium
units in Marina Cay or lessees (residences and
commercial spaces) of such units.
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3. Boat repair facilities, fueling of boats, and rental of
boats, jet skis, or use of the docks for any commercial
activity including embarkation or debarkation is
prohibited. However, such restrictions shall not
preclude the use of a slip, designated for temporary
mooring, for the purpose of accommodating a water taxi
which operates along the Intracoastal Waterway.
4. Use of slips for temporary mooring in order to use
facilities within Marina Cay are permitted only at
slips so designated on the approved site plan. (See
condition II.A.12)
E. Associated Uses:
1. Temporary outdoor sales, displays, and entertainment
are permitted on the Esplande.
2. The Athletic Club facilities as shown on the site plan
are exclusively for the use of owners of a unit in
Marina Cay or lessees of of such units and their
guests. These facilities include the tennis courts,
handball courts, jogging trail, and facilities within
the Athletic Club structure.
II. DEVELOPMENT REGULATIONS AND REQUIREMENTS: The following
establish development regulations specifically for this
S.A.D. development. Items which are not addressed within.
this Section II shall be regulated as otherwise provided in
the City Code.
A. Regulations:
1. There' is no requirement for side, front, or rear
setbacks from lot lines which may be created within the
Marina Cay development. This item does not apply to
the original perimeter boundary of the site for which
the 15' setback provisions of 173.663(A) applies.
[173.633(C)]
2. There is no requirement for building setbacks from the
interior street system (South Marina Way, North Marina
Way). However, building features and any structures,
except for Building %1, shall not extend over or within
three feet of any part of the interior street system
including adjacent parallel parking spaces. The
pedestrian walkway is a structure. [173.633(C)]
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3. The total floor area for retail, office, and restaurant
use shall not exceed 65,500 square feet. This
requirement does not include the area of the Esplande
or other areas which are common corridors or open to
the weather. [173.634(B)]
4. The height of structures shall be regulated by
173.032(A)&(B) with the grade from which height is
measured being 10.34 feet MSL (Mean Sea Level).
(173.635)
5. A minimum of four hundred and twenty (420) useable
parking spaces, excluding loading areas shall be
provided and maintained for the Marina Cay development.
Valet parking shall be provided at Building #1 for all
noon and evening meals. (173.636) This parking
regulation is based on the analysis on page 5, the
Marina Cay Staff Report, dated July 27, 1989.
6. A six foot high block wall shall be constructed and
maintained along the boundary with the Snow Hill
Subdivision west of Palm Trail. This wall shall be
constructed prior to excavation for any structures or
public improvements.
7. No guardhouse, gateways, or restrictions on the flow of
incoming traffic may exist within one hundred feet
(100') of the.east right-of-way line for U.S. 1.
8. South Marina Way shall not connect to Palm Trail in
such a manner as to allow any traffic from Marina Cay
to travel upon Allen Avenue, except for emergency
situations (evacuation and municipal services).
9. North Marina Way shall be used to carry public traffic
to adjacent properties without first obtaining a major
modification to the site plan and accommodating a
redesign of North Marina Way to a local street section
standard. This restriction does not apply to emergency
situations and use by the Town of Gulfstream for
official purposes.
10. All utilities shall be placed underground.
11. All signing shall be reviewed and approved by the
Community Appearance Board.
· 12. No more than ten slips may be designated for "temporary
mooring" purposes.
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B. Requirements: The following requirements are in addition to
normal on-site development requirements. Additional
requirements may 'be imposed by permitting agencies or
offices.
1. Marina Cay shall install a sewer lift station to handle
sewage. The lift station shall be designed (size and
depth) to accommodate inflow from a natural sewer
service area. Concurrent with installation a gravity
main shall be extended to the lift station from the
intersection of Allen Avenue and Palm Trail if any part
of the main will be beneath the reconstructed protion
of Palm Trail. The lift station shall be enclosed and
sound-proofed to the satisfaction of the Director of
Public Utilities.
2. Marina Cay shall reconstruct the street surface of Palm
Trail northerly from its intersection with Allen Avenue
and shall provide a "T" turnaround at a location
approved by the City Engineer.
3. Marina Cay shall construct a median opening in U.S. 1.
~n addition, other improvements which may include but
not be limited to restriping, widening, and a
right-turn entry lane and which are required by either
the State, County, or City shall be constructed by
Marina Cay. Such additional requirements shall be
determined concurrent with the issuance of a permit
from FDOT for construction of the median.
4. Removal and or relocation of mangroves shall be
accomplished only by permit from the County E.R.M.
C. Compliance with Sit~ Plan:
1. Marina Cay shall be developed in substantial compliance
with the certified site plan attached hereto and as
modified, or to be modified pursuant to Part III of
this Project Description. (This is the revised site
plan stamped received, July 13, 1989.) Substantial
compliance is defined herein to require that the
specific landscaping, water and sewer, paving and
drainage plans and overall site plan [which are to be
approved through the minor modification process
(173.869) subsequent to enactment of the S.A.D.
rezoning ordinance] shall be substantially consistent
with the certified site plan. The Planning and Zoning
Board shall make a determination of "substantial
compliance" upon approval of such specific plans. If
such a determination is not made by the Planning and
Zoning Board, the certified site plan attached hereto
must first be modified through the major modification
process established for conditional uses (173.850).
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2. As an alternative to construction of the proposed
Marina, the area shown as such may be developed as a
lake. If so developed, it's existence shall not be a
basis for removal of the water features along U.S. 1.
The alternative of a lake shall be required if the
construction of a marina is not approved by permitting
agencies.
D. Construction Sequencing: Marina Cay is to be developed in a
single phase, such "single phase" development is defined as
follows.
1.,. The first element of construction shall be the boundary
wall along the Snow Hill Subdivision.
2. The first structure for which construction is to
commence shall be Building %1 which is the structure
along the Intracoastal Waterway. Construction shall
not commence until all permits from SFWMD, FDOT, and
HRS are approved and provided to the City.
3. Occupancy of Building #1 shall not occur until such
time as the marina (lake) is excavated, parking for the
restaurant and retail/office uses within it are
constructed and certified for use, all improvements in
the south fifty feet (50') of the site west of Palm
Trail are fully constructed, and all off-site
improvements are accepted by.the appropriate entity.
4. Building #2 may be constructed pursuant to the time
schedule of the developer; however, all construction
traffic must be limited to North Marina Way.
5. Any facilities which are constructed on a temporary
(other than for construction work purposes) or "phased"
basis shall be developed to full standards (i.e. a
temporary surface parking lot for Building #1 shall be
per parking lot design standards).
III. CONDITIONS OF APPROVALr SITE AND DEVELOPMENT PLAN:
A. Site Plan modifications: The following are items which are
not specifically approved pursuant to the certified site
plan. These items are to be addressed in the submission and
review of specific detail plans as identified in Part II.C.
1. The on-site entry configuration is subject to
modification as may be requested by the City Engineer.
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2. The configuration of the entry to Building %1 is
subject to modification as may be requested by the Fire
Marshall including a vehicle turnaround area.
3. The design of northerly terminus of Palm Trail (i.e. a
"T" turnaround as opposed to a standard cul-de-sac) is
subject to modification as may be requested by the City
Engineer.
4. The one-way traffic flow adjacent to parallel parking
spaces on South Marina Way is to be reversed. These
parking spaces are to be located so as not to be under
the pedestrian walkway. An adequately designed
turnaround which accommodates eastbound traffic which
is not to proceed east of Palm Trail is to be provided.
To accommodate these items redesign of this section of
South Marina Way should be considered.
5. The water system is be looped with a connection from
the main at the east end of North Marina Way to the
main in South Marina Way. This connection shall be
routed along the marina so as to accommodate fire
suppression devices.
6. Adjustments are necessary to the water features along
U.S. 1 in order to accommodate required right-of-way
dedications.
B. Additional Submission Requirements= The following items
were not addressed during review of the S.A.D. submission.
Thus, they are to be reviewed and acted upon concurrent with
the review and action of the specific plans.
1. A specific traffic control plan for the on-site entry.
(separate exhibit)
2. Loading zone use and control program.
3. Trash preparation and disposal program. This program
must be reviewed and accepted by a commercial trash
hauler.
4. Lighting details and illumination characteristics for
the wall, dock, and street lighting.
5. Lighting details and illumination characteristics for
Building %2 with attention to illumination and glare
impacts upon residences to the south.
6. Details of the pedestrian sky bridge. This sky bridge
is a required element of the project. If it is not
, provided, a new ground level pedestrian circulation
system must be provided.
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C. Plat Submission Requirements= In addition to the normal
plat submission requirements, the following is required.
1. Copies of permit applications and a written status
report for each of the following=
a) FDOT re median modifications
b) SFWMD re drainage system
ERM re mangrove removal/relocation
d) DNR re marina
e) Corps of Engineers re marina
f) HRS re water and sewer
g) DER re marina
2. Written replies or status reports from agencies
relative to each of the following items=
a) FDOT re mitigation of traffic impacts
b) FDOT re use/elimination of its existing drainage
facilities
DNR re exception from D.R.I. requirements
d) TCRPC re exception from its Marina siting policy-'
e) Chief Building Official, City of Delray Beach,
regarding the need for a variance for items within
fifteen feet (15') of the east property line.
3. A written description of the proposed method of
ownership of residential units, commercial space, and
boat slips and the treatment of common and limited
common areas. Included shall be a description of how
the various ownership.interests relate to State and
local subdivision regulations.
4. Dedication of right-of-way along U.S. 1 pursuant to the
County Thoroughfare Plan (to be provided by the plat).
IV. MODIFICATION PROCEDURES: Except as otherwise provided
herein, the Marina Cay S.A.D. development plan and allowed
uses may be modified as follows:
A. Use Modifications:
1. Changes to the description of uses contained herein,
either allowed or prohibited uses, shall be made only
through the conditional use major modification process.
2. Interpretations of allowable uses shall be accommodated
through either the conditional use minor or
non-impacting modification process. (173.850)
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B. Site Plan Modifications=
1. Modifications'to the certified site plan shall be made
pursuant to Part II.C.1. Upon Planning and Zoning
Board approval of a new overall site plan, it shall be
certified.
2. Subsequent to certification of an overall site plan
which is approved pursuant to Part II.C.1, additional
modifications may be made through the site and
development plan modification process (173.869).
3. Changes to the overall site plan or specific plans
(e.g. landscaping, water, sewer, paving, drainage)
which are necessitated by conflict with one another,
shall be processed, at a minimum, as a non-impacting
modification and prior to issuance of a certification
of occupancy for any portion of the development, the
Director of Planning may require an as-built overall
and/or specific plan which reflects such changes.
END OF NARRATIVE
Attachment:
- Overall site plan, stamped received July 13, 1989.
REF/DJK#48/MARINA.TXT
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