73-89 ORDINANCE NO. 73-89
AN ORDINANCE OF THE CITY COMMISSION OF T~E CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL)
DISTRICT IN SAD (SPECIAL ACTIVITIES) DISTRICT;
SAID LAND BEING A PARCEL LYING IN SECTION 9,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRAY
BEACH, PALM BEACH COUNTY, FLORIDA; SAID LAND IS
LOCATED AT THE SOUTHEAST CORNER OF N.E. 8TH
STREET AND PALM TRAIL; 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.
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 SAD (Special Activities) District as defined in Chapter
173 of the Code of Ordinances of the City of Delray Beach,
Florida, to-wit:
All of a tract of land, LESS the South 250 feet
thereof, situate, lying and being in Section 9,
Township 46 South, Range 43 East, County of Palm
Beach, State of Florida and more particularly
described as follows to-wit: From the quarter
section corner of the South boundary of Section
9, Township 46 South, Range 43 East, run North 0
degrees, 13 minutes, 20 seconds East, a distance
of 1,746.55 feet along the quarter section line
to a point on the North boundary of Lot 6, MODEL
LAND COMPANY'S Plat of said Section 9, as
recorded in Plat Book 8, at Page 40, Palm Beach
County Public Records; thence easterly at an
angle measured from North to East 89 degrees, 23
minutes, a distance of 591.06 feet to a point;
thence in a southerly direction at an angle
measured from East to South of 96 degrees, 24
minutes, 24 seconds for a distance of 33.21 feet
to the point of beginning of this description;
thence from the point of beginning run in a
Southerly direction at an angle of 175 degrees,
06 minutes, 03 seconds, measured from North to
East to South a distance of 465.73 feet along
the East line of Palm Trail to a point in the
South boundary line of said Lot 6; thence in an
Easterly direction at an angle of 88 degrees, 30
minutes, 13 seconds measured from North to East,
along the Southern boundary of said Lot 6 a
distance of 201.52 feet to a point of intersec-
tion with the West right-of-way line of the
Intracoastal Waterway; thence in a Northerly
direction at an angle of 98 degrees, 07 minutes,
01 seconds, measured from West to North along
the s~ ~ right-of-way line a distance of 470.42
feet; ence in a Westerly direction at an angle
of 81 degrees, 52 minutes, 19 seconds, measured
from South to West a distance of 255.58 feet to
the point of beginning.
The subject property is located at the southeast
corner of N.E. 8th Street and Palm Trail.
The above described parcel contains a 1.114 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 follows:
-- Full service marina
-- In and out dry storage
-- Small marine engine repair
-- Sale of gas and diesel fuel for
recreational boating only
-- Sale of oil, ice and beverages
(non-alcoholic)
-- In-water dockage rental
-- Installation of electronics
-- Marine store providing sale of electronics,
outboard motors and other related marine
paraphernalia
-- Boat sales
-- Fabrication and assembly of boat
paraphernalia, subject to the following
restrictions:
(1) That canvas tops cannot be assembled
and fabricated at this site and
installed at another site;
(2) That off-site work can be done on
boats which are regularly docked at
the marina or which have rented space
at the marina, but are temporarily
located elsewhere; and
(3) That the primary business of this
enterprise is conducted at the marina
and for boats which use dockage at
this marina.
Section 3. That the development of the subject proper-
ty described in Section 1, above, is to be in accordance with the
site and development plans and attendant conditions as
recommended for approval by the Planning and Zoning Board on
December 11, 1989, and as approved by the City Commission on
December 12, 1989.
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 ~ court of competent jurisdiction to be
invalid, such decision ~%all not affect the validity of the
remainder hereof as a wh~i~e 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.
- 2 Ord. No. 7~-89
PASSED AND ADOPTED in regular session on second and
final reading on this the 12th day of December , 1989 .
MAYOR
ATTE S T:
Asst. C~ity~'Clerk J
First Reading November 14. 1989
Second Reading December 12, 1989
City Commission
ma~er
ensure the~' ~ ~erbatim recm'd of me
i~roceedings ~s ma~, w~idl reCOed j~
CI~ the ~ti~ny a~ evJ~nce
CITY OF DELRAY BEAC~
- 3 - Ord. No. 73-89