81-85 ORDINANCE NO. 81-85
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH', FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED
RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT IN PCC (PLANNED
COMMERCE CENTER) DISTRICT PARCELS OF LAND LYING IN SEC-
TIONS 7 AND 8, TOWNSHIP 46 SOUTH', RANGE 43 EAST. SAID
LAND IS LOCATED AT THE NORTHEAST CORNER OF CONGRESS
AVENUE AND LAKE IDA ROAD, AND AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, 1983",
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 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 PCC (Planned
Commerce Center) District as defined in Chapter 30 of the Code of Ordi-
nances of the City of Delray Beach to-wit:
All that portion of the East One-Half (E½) of Section 7,
Township 46 South, Range 43 East, lying East of the Easterly
Right-of-Way line of Congress Avenue as laid out and now in
use, and North of the Northerly Right-of-Way line of Lake
Ida Road and West of the Westerly Right-of-Way line of the
Seaboard Air Line Railway as the same are shown on the Plat
of DELRAY SHORES, Sheet 1, recorded in Plat Book 24, at Page
232, of the Public Records of Palm Beach County, Florida;
AND
All that part of the Southwest One-Quarter (SW%) of Section
8, Township 46 South, Range 43 East, lying West of the
Westerly Right-of-Way line of the Seaboard Air line Railway;
AND
All that part of the Northwest One-Quarter (NW%) of Section
8, Township 46 South, Range 43 East, lying West of Westerly
Right-of-Way line of the Seaboard Air Line Railway and East
of the aforesaid Congress Avenue, LESS the North 1720.82
feet thereof;
AND
A portion of the Northwest One-Quarter (NW¼) of Section 8,
Township 46 South, Range 43 East, described particularly as
follows:
Commencing at the Northwest (NW) corner of aforesaid Section
8; thence S. 00°40'39" E., on an assumed bearing, along the
West line of said Section 8, a distance of 110.01 feet;
thence S 89:44'5i" E., along a line 110.00 feet South of and
parallel with, as measured at right angles, to the North
line of said Section 8, a distance of 53.01 feet to the
Point of Beginning; said Point also described as lying on
the Easterly Right-of-Way line of Congress Avenue (as con-
structed and now in use); thence S. 00"40'39" E., along the
said Easterly Right-of-Way line, a distance of 1110.55 feet
to the Point of Curvature of a Circular Curve to the right;
thence Southerly along the arc of said Curve, having a
Radius of 3872.80 feet, a Central Angle of 07°25'02", and an
Arc Distance of 501.35 feet; thence S. 89°45'32" E., along a
line not tangent to the last described Curve, a distance of
201.23 feet to a Point on the Arc of a Circular Curve to the
left, whose Radius Point bears N. 83~34'51" W.; thence
Northerly along the Arc of said Curve, having a Radius of
4072.80 feet, a Central Angle of 07"05'48", and an Arc
Distance of 504.47 feet, to the Point of Tangency; thence N.
00"40'39" W., a distance of 1107.30 feet to a point on the
said parallel line 110.00 feet South of and parallel with,
as measured at right angles to, the North line of Section 8;
thence ~. 89~44'51" W., along said parallel line, a distance
of 200.03 feet to the Point of the Beginning;
Ail of said lands lying and being in Palm Beach County,
Florida.
The subject property is located at the northeast corner of
Congress Avenue and Lake Ida Road.
The above-described parcel contains a 49.95 acre parcel of
land, more or less.
That pursuant to the provisions of Section 30-15.2(P) (8)
of the Code of Ordinances, said rezoning is expressly
conditioned upon the developer fully complying with all of
the requirements and conditions which are set forth in
Exhibit A, which is attached to this Ordinance and made a
part hereof, and to compliance by the developer with the
approved Master Conceptual Plan, prepared by Post Buckley,
Schuh and Jernigan, Inc. dated September, 1985.
Section 2. 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 provisions of Section 1, hereof.
Section 3. That this Ordinance shall become effective immedi-
ately upon passage on second and final reading.
PASSED AND ADOPTED in ~egular session on second and final
reading on this the 24th day of September , 1985.
M A Y 0 R
ATTEST:
First Reading September 10, 1985
Second Reading September 24, 1985
- 2 - ORD. NO. 81-85
ADDENDUM TO CONCEPTUAL MASTER PLAN
LAKE IDA COMMERCE CENTER
The LAKE IDA COMMERCE CENTER is intended to be developed as a
planned unified project. The Master Conceptual Plan outlines the various parcels
included within the project and their uses. Development of each parcel within the
Master Conceptual Plan will require site and development plan approval pursuant
to City of Delray Beach Zoning Code Section 30-22. The site plan for each parcel
is to be designed with the concept of the overall project being a unified and
harmonious whole as an objective. An attempt shall be made in each site plan to
provide such things as common access, and landscaping and building elevations that
are harmonious with the overall project.
A Property Owner's Association will be established which would be a non
profit corporation, the purpose of which shall be to operate, maintain, repair and
replace the streets within the project including the medians located therein and
also to maintain the water retention areas shown on the Conceptual Master Plan.
The landscaping within the project area is to be maintained by each lot owner
within whose lot such landscaping is located. In the event that a property owner
fails to maintain the landscaping in good condition then the Property Owners
Association shall have the authority and the obligation to maintain such
landscaping and assess their cost thereof against the defaulting lot owner. The
Property Owners Association shall have the authority to record a lien on the
defaulting lot owner's property to secure the payment of the Property Owners
Association expenditures in maintaining the landscaping located on said lot.
Notwithstanding anything to the contrary contained in the Master
Conceptual Plan the following uses shall be limited within the entire project area
as hereinafter set forth:
1. Office use:
A. Shall not occupy an area of ~and greater than 21 acres.
B. Shall not have total office building square footage any greater
than 239,000 sq. ft.
2. Industrial (including office/service use):
A. The land area devoted to this use shall not exceed 23.53 acres.
B. Parking spaces shall not exceed 600.
3. Retail service and restaurant:
A. The land area devoted to this use shall not exceed 4.76 acres.
B. The total square footage of buildings devoted to this use shall
not exceed 30,000 sq. ft.
C. The number of parking spaces shall not exceed 250.
LAKE IDA COMMERCE CENTER
CONDITIONS OF APPROVAL
1. The approval of the rezoning and the conceptual master
plan is subject to adherence to the "Addendum to
Conceptual Master Plan, Lake Ida Commerce Center",
attached hereto and made a part hereof as Exhibit 1.
2. The location of the southern entrance on Congress Avenue
is tentative. The final location of the entrance shall be
determined based upon the location of a median opening in
this area by Palm Beach County ' as reflected on the
County's construction plans for the widening of Congress
Avenue. Such final entrance location shall be approved by
the City of Delray Beach Planning and Engineering Depart-
ments, taking into consideration the location of other
approved entrances in the area.
3. Adequate right-of-way shall be dedicated on Lake Ida Road
to account for the Palm Beach County Thoroughfare Plan
requirements, in addition to any requirements for turning
lanes necessary for the ultimate section. This shall be
determined by the City in consultation with Palm Beach
County at the time of plat approval.
4. The rights-of-way shown for the private roadway system are
tentative, and subject to final approval on the plat. The
rights-of-way, however, shall include a 4-lane divided
section, swale drainage and a pedestrian circulation plan
consisting of 6 foot sidewalks on one side of the street
serving Tracts B, C, N, and R, and a 2-lane section, swale
drainage and 6 foot sidewalks on one side of the street
serving the remaining tracts.
5. A right turn lane and a left turn lane shall be con-
structed into each project entrance on Congress Avenue in
accordance with County standards concurrent with construc-
tion of each entrance.
6. A right turn lane shall be constructed on Lake Ida Road
into the project entrance in accordance with County
standards at the time the entrance is constructed.
7. At this time, left turn movements into and out of the
project entrance on Lake Ida Road shall be considered
prohibited. This shall be accomplished through the
construction of a median. Tke developer may seek recon-
sideration of a left turn out prior to plat approval when
the actual design drawings have been completed and the
County and City have had an opportunity to review this
matter in light of a specific design.
8. The developer will construct the median described in
paragraph 7 and a right turn lane on Lake Ida Road for
right turns onto Congress Avenue. These improvements
shall be completed prior to any Certificate of Occupancy
in Tracts B or R, or the construction of the entrance.
9. A traffic signal shall be installed at the northern
entrance on Congress Avenue, with separate left turn
phasing if appropriate, at the time of construction of
this entrance or at such other time as warrants are met.
In addition, the other entrances shall be provided with
stop signs and other appropriate traffic control signs and
pavement markings at the time of construction of the
entrances.
10. In addition to road impact fees otherwise required, a
contribution shall be made to the City of Delray Beach to
assist in the construction of two additional lanes on
Congress Avenue (i.e., to ultimately widen the road from
four lanes as programmed to six lanes as planned), along
the frontage of the property. To ensure that adequate
roadway capacity is available to serve this development in
the future, such contribution shall be made in accordance
with the following fair share formula:
a. ~ external trips X percent of trips assigned to
Congress Avenue frontage = # assigned trips
(AT).
b. AT - capacity of 2 additional lanes (i.e.,
14,000 trips per day) = project percent of
additional necessary capacity (PP).
c. PP X cost of 2 additional lanes for 1 mile
($750,000 or other approved amount) X # miles of
frontage on Congress Avenue = fair share
contribution.
The above contribution shall be calculated for the entire
property and allocated to each parcel on an acreage basis,
or a separate trip generation/assignment calculated on
each parcel, at the option of the applicant. Such calcu-
~lation must be approved by the City prior to plat
approval. The amounts so derived for each parcel shall be
paid at the time of the first Certificate of Occupancy for
that parcel. Provided, however, that at such time as Palm
Beach County lets a contract for the construction of the
fifth and sixth lanes on Congress Avenue, the balance of
the total amount due shall be payable to the City by the
owner(s) of the remaining undeveloped tracts, upon thirty
(30) days written notice by the City.
2
11. A plat of the entire property must be approved and
recorded prior to approval of any Site Plan for any
parcel, and must be consistent with the conditions set
forth above. Improvement plans, and bonds for all
improvements required under state law or city ordinance to
be bonded shall be submitted with the plat.
12. At the time of widening Congress Avenue to four lanes, a
contribution shall be made to the City for beautification
of Congress A,enue. Such contribution shall defray the
cost of irrigating and landscaping the median on Congress
Avenue in accordance with plans developed by the City.
Payment shall be made upon thirty (30) days written notice
by the City of its intent to begin the project. Such
payment shall not exceed $10.00 per front foot and shall
be applied in accordance with an ordinance to be adopted
by the City which the applicant understands and agrees
will be applicable to this project.
13. The applicant will submit for a binding letter stating
that this project is not a DRI. It is understood that the
City will not issue any building permits until the binding
letter is received.