72-89 ORDINANCE NO. 72-89
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH', FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED POC (PLANNED
OFFICE CENTER) DISTRICT IN SAD (SPECIAL
ACTIVITIES) DISTRICT; SAID LAND BEING A
PORTION OF LOT 20, IN BLOCK 1, OF DELRAY
SHORES SUBDIVISION, AS RECORDED IN PLAT BOOK
24, PAGES 232 AND 233, PALM BEACH COUNTY
PUBLIC RECORDS, BEING. IN THE SOUTHEAST
QUARTER OF SECTION 7, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA;
SAID LAND IS LOCATED AT THE SOUTHEAST CORNER
OF LAKE IDA ROAD AND DAVIS ROAD; 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; PROVID-
ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Planning and Zoning Board, at the meeting
held October 16, 1989, recommended zoning and placing of land
presently 'zoned POC (Planned Office Center) District 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 Delray Beach, Florida, to-wit:
A portion of Lot 20, in Block 1, of DELRAY
SHOR~S SUBDIVISION, as recorded in Plat Book
24, Pages 232 and 233, Palm Beach County
Public Records, being in the Southeast
Quarter of Section 7, Township 46 South,
Range 43 East, Palm Beach County, Florida,
and being more particularly described as
follows:
Beginning at the southwest corner of Lot 10,
Block 1, of said Plat of DELRAY SHORES, run
North 38 degrees 17 minutes 12 seconds East,
along the westerly line of said Lot 10,
110.00 feet to a point; thence run North 8
degrees 28 minutes 10 seconds East, 142.80
feet to a point being the southwest corner of
Lot 9, Block 1, DELRAY SHORES, thence run due
north along the Westerly line of said Lot 9,
110.00 feet to a point on the south
right-of-way line of Lake Ida Road; thence
run due west along said right-of-way 311.61
feet to a point of curvature of curve to the
left, having a radius of 55.67 feet; thence
run southwesterly along said curve through a
central angle of 90 degrees, an arc distance
of 87.45 feet to the point of compound
curvature of a curve to the left, having a
radius of 109.35 feet; thence run southeast-
erly along said curve, through a central
angle of 44 degrees 15 minutes an arc dis-
tance of 84.45 feet t~ the point of compound
curvature of curve to the left having a
radius of 1300 feet; thence run southeasterly
along said curve, through a central angle of
9 degrees 30 minutes, an arc distance of
215.55 feet to the point of reverse curvature
of a curve to the right, having a radius of
2990 feet; thence run southwesterly along
said curve through a central angle of 2
degrees 02 minutes 12 seconds, an arc dis-
tance of 106.29 feet to the point of begin-
ning.
LESS that portion beginning at the platted
northeast corner of said Lot 20, being also
the northwest corner of Lot 9; thence run due
west along the southerly right-of-way line of
Lake Ida Road, 311.61 feet to a point of
curve to the left having a radius of 55.67
feet; thence run southwesterly along said
curve an arc distance of 9.96 feet to a
point; thence South 89 degrees 24 minutes 33
seconds East, 321.53 feet to a point of
intersection with the easterly line of Lot
20, thence due north along said east line
4.20 feet to the point of beginning.
The subject property is located at the
southeast corner of Lake Ida Road and Davis
Road.
The above described parcel contains 1.95
acres of land, more or less.
Section 2. That conditional use and site and
development plan approval 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, is hereby
granted subject to the following expressed conditions:
(a) The only conditional uses to be allowed hereunder
are as follows:
Antiques
Art Galleries/Cultural Institutions
Bakery, Retail, including take-out
Banks (Financial Institutions), excluding
drive-thrus
Barbershops
Bath Shops
Beauty Salons
Book Stores
Brokerage Establishments
Business Machines, including service
Business Offices
Butcher Shops
Cheese Shops
Child Care, subject to Sec. 173.063
Computer Sales and Services, including hardware
and software
Cosmetics
Dance Studio
Delicatessens
Draperies and Slipcovers
Dry Cleaning, limited to 1,500 sq.ft, and customer
pick-up
Dry Cleaning pick-up stations
Educational Institutions
Fabric Stores
- 2 - Ord. No. 72-89
Florists
Food Convenience Store (one (1) food convenience
store shall be allowed on the premises)
Garden Center (plants and accessories)
Gift Shops
Hardware, Paint, and Garden Supplies
Health Foods
Hearing Aids
Hobby Shops (excluding firearms and amanunition)
Home Furnishings
Import Shops
Interior Decorator Shops
Jewelers
Leather Goods
Luggage
Martial Arts Studio
Medical Equipment
Medical and Dental Labs
Medical Offices
Music Studio
Optical Equipment
Pharmacy
Photographic Equipment and Supplies
Photographic Studios
Print Shop/Publisher
Professional Offices
Sewing Supplies
Shoe Store (sales and repair)
Sporting Goods (excluding firearms and ammunition)
Stationery
Tailoring
Toy Shops
Travel Agencies
TV Sales and Repairs
Wearing Apparel and Accessories
(b) That the hours of operation for all uses allowed
within the subject Special Activities District
shall be limited to between the hours of 6:30 A.M.
and 6:30 P.M.
(c) That revised sewer and water drainage plans be
provided to accommodate the following:
(1) The proposed 6" sewer lateral from the
kitchen area must empty into a manhole
pursuant to Section 53.072(F). This will
require installation of a new manhole or
utilization of existing manhole #7.
(2) Verification that 2" tap exists at the main
where additional meter service is proposed.
If a 2" tap does not exist, a new tap and
service line will be required.
(3) Provide a grease trap or sand reception for
each dumpster pad if required by HRS. If not
required by HRS, drain and hose bib must be
removed from each dumpster pad.
(4) Provide pavement marking on Davis Road on
Paving and Drainage plan. Show the pavement
location of Udell Lane.
- 3 - Ord. No. 72-89
(d) That a revised site plan be provided to
accommodate the following:
(1) A landscape island east of the dumpster at
the northwest corner of the site.
(2) Signage for 3 or 4 parking spaces, "Pharmacy
Only".
(e) That a boundary plat be submitted to include the
following:
(1) An additional fourteen feet (14') of
right-of-way along Lake Ida Road;
(2) An easement for the new fire hydrant; and,
(3) Palm Beach County permits for work in Lake
Ida Road.
Section 3. That the development of the subject
property described in Section 1, above, is to be in accordance
with the site and development plans and attendant conditions as
approved by the City Commission on May 8, 1990, to-wit: Tutor
Time Child Care Center, Delray Beach, prepared by Digby Bridges,
Marsh & Associates Inc., P.A., Architects and Planners, 124 N.E.
5th Avenue, Delray Beach, .Florida 33444, Sheet No. A-1 (Site
Plan) dated 2/1/90 and revised 3/29/90 and 4/19/90, Sheet No. A-2
(Floor Plan) dated 2/1/90, Sheet No. A-3 (Elevations) dated
2/1/90 and revised 3/28/90 and 4/19/90, and Sheet No. L-1
(Landscaping Plan) dated 2/1/90 and revised 3/28/90 and 4/19/90;
and prepared by Olsak & Associates, Consulting Engineers, 308
Greymon Drive, West Palm Beach, Florida 33405, Sheet No. E-1
(Water and S. Sewer, Paving and Drainage Plan) dated January 1990
and revised 3/17/90, 3/29/90 and 4/21/90, and Sheet No. E-2
(Drainage - Details and Calculation) dated April 1990; all of
which are incorporated by reference and made a part hereof and
upon which the City has relied in granting this approval.
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 ali 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 s~sion on second and
final reading on this the 8th day of~r~y ~ ~, 1990.
ATTEST:
~ity Clerk /
First Reading October 24, 1989
· Second Reading May 8, 1990
- 4 - Ord. No. 72-89