38-84 ORDINANCE NO. 38-84
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRES-
ENTLY ZONED RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT, IN
SAD (SPECIAL ACTIVITIES) DISTRICT, BEING A 1.39 ACRE
PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER OF N.E.
8TH STREET AND ANDREWS AVENUE, SAID LAND BEING IN SECTION
9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, GRANTING CONDITIONAL
USE AND SITE AND DEVELOPMENT PLAN APPROVAL AND AMENDING
WZONING MAP OF DELRAY BEACH, FLORIDA, 1983w.
WHEREAS, the Planning and Zoning Board, at the meeting held on
April 16, 1984, recommended rezoning and placing land presently zoned
RM-10 (Multiple Family Dwelling) District, in SAD (Special Activities)
District, with certain expressed conditions; and,
WHEREAS, the City Council has determined that such change should
be made,
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 SAD (Special
Activities) District as defined in Chapter 30 of the Code of Ordinances of
the City of Delray Beach, Florida, to-wit:
PARCEL I
A parcel of land in Section 9, Township 46 South, Range 43 East,
Palm Beach County, Florida, more particularly described as fol-
lows:
BEGINNING at the Northeast corner of Lot 30 of Model Land Com-
pany's S~bdi~sion of said Section 9 according to the plat there-
of recof~ed*kn Plat Book 8, page 40, public records of Palm Beach
County, Florida; thence Westerly along the North line of Lots 30
and 31 of said Model Land Company's Subdivision, a distance of
534.59 feet, more or less, to the Northwest corner of land con-
veyed by William L. Christenson and wife to Dr. Robert E. Raborn
by deed recorded in Official Record Book 655, page 418, public
records of Palm Beach County, Florida; thence Southerly making an
angle with the preceding course, measured from East to South, of
76°16' and along the West line of land of said Raborn, a distance
of 189.28 feet, more or less, to a point in the Northerly right-
of-way line of Northeast 8th Street, being the arc of a curve
concave to the North and having a radius of 996.45 feet; thence
Easterly along the arc of said curve and along said Northerly
right-of-way line, a distance of 250.0 feet, more or less, to a
point of reverse curvature; thence Easterly along the arc of a
curve concave to the South and having a radius,of 1145.96 feet
and along said Northerly right-of-way line, a distance of 272.65
feet to a point in the East line of said Lot 30; thence Northerly
along the East line of. said Lot 30, a distance of 2.57 feet to
the Point of Beginning.
PARCEL II
A certain parcel of land in Section 9, Township 46 South, Range
43 East, Palm Beach County, Florida, and being more particularly
described as follows:
Commencing at the intersection of the North line~ of Tracts 30 and
31 as shown on a plat entitled Model Land Company's Subdivision
of Section 9, Township 46 South, Range 43 East, as recorded in
Plat Book 8, page 40, public records of Palm Beach County, Flor-
ida, and the West right-of-way line of Andrews Avenue, so called,
said point being also the Northeast corner of said Tract 30;
thence Westerly along the said North line of Tract 30, a distance
of 534.59 feet to a point in a concrete monument, said point
being the point of beginning of the herein described premises;
thence Southerly making an angle with the preceding course,
measured East to South, of 76°03'15", and along the Easterly line
of the land herein described, a distance of 189.30 feet more or
less to a point in the Northerly right-of-way line of Northeast
Eighth Street; thence Wes=erly along said Northerly right-of-way
line, being the arc of a curve concave to the North and having a
radius of 996.45 feet, said radius line making an angle with the
said Northerly line of Tracts 30 and 31, measured from East tu
South, of 77°03'04", a distance of 55.06 feet; thence Northerly
on a line parallel with and 55.00 feet from (measured at right
angles to) the Easterly line of the herein described premises, a
distance of 200.47 feet, more or less, to a point in the said
North line of Tracts 30 and 31; thence Easterly along the said
North line of Tracts 30 and 31 a distance of 56.67 feet to the
Point of Beginning.
This property is located at the horthwest corner of N.E. 8th
Street and Andrews Avenue, Delray Beach, Plorida.
Section 2. That conditional use and site and development plat
approvals for the subject property described in Section 1, above, are
hereby granted subject to the following expressed conditions:
(a) The only conditional uses to be permitted hereunder are as
follows:
Four (4) Medical Offices, not exceeding 9,200 square
~ L~eet, which use shall cease on or before January
1, 1991.
Professional Offices limited to: accountants; ar-
chitects; landscape architects; attorneys; en-
gineers; and individual and corporate trustees
limited .to the conduct of "trust business" as
defined in Florida Statutes, Chapter 658, or as
may hereafter be amended, but excluding any com-
mercial banking business.
Charitable Foundations.
Executive Offices, of the following: financial
institutions; market research and analysis com-
panies; publishing companies; real estate invest-
ment and development companies; each such exec-
utive office limited to 3,500 square feet.
Pharmacy, limited to 720 square feet, which use
shall cease on or before January 1, 1991.
One (1) Real Estate Brokerage Office, limited to
1,250 square feet.
One (1) Securities Brokerage Firm, limited to 2,500
square feet.
One (1) Advertising/Public Relations Office, limited
to 1,000 square feet.
One (1) Nursing Placement Office, limited to 1,500
square feet.
Private Executive Offices which do not conduct
business with the general public.
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(b) Prior to development of this property and receiving any
building permits therefore, the subject development is
required to meet the platting requirements set forth in the
City's Subdivision Ordinances, Chapter 24 of the Code of
Ordinances.
(c) That all signs and pavement markings constructed or erected
by the developer must be in accordance with MUTCD specifi-
cations.
(d} The drainage of the subject project shall be maintained on
site or out through the storm sewer system and no drainage
will be allowed to flow over land onto adjacent property.
(e) There shall be no dumpsters, cluster boxes, trees, shrubs,
or structures permitted on any easements or rights-of-way
shown on the plat.
(f) This approval is subject to the requirement that all irriga-
tion for this project shall be from a source other than City
water, if such water is suitabte for irrigation.
(g) That those uses set forth in Section 2(a), above, which are
in addition to those uses now allowed under the current
RM-10 zoning district and which additional uses will become
permitted uses upon approval of this petition shall not be
permitted to locate within this facility until work to
renovate the building and reconstruct the parking in accord-
ance with the approved plans, including the north, south,
east and west elevations, is underway and until substantial
progress in this regard has been made as determined solely
by the City.
(h) Th%~ _~D~lard lights shall be utilized to illuminate the
parking- area with a height not to exceed twelve (12') feet
Section 3. That improvements to this site and to the existing
principal structure be .completed in accordance with the approved site
plans re~ The Gulfstream Building, Delray Beach, Florida, prepared by
Digby Bridges, Marsh & Associates, Inc., P.A., Architects and Planners,
124 N.E. 5th Avenue, Delray Beach, FL 33444, Sheet Nos. A-l, A-2, A-3,
A-4, A-5 and A-6 dated April 5, 1984, and Sheet No. L-1 dated 4/6/84; and
prepared by Lawson and Noble, Inc., Consulting Engineers, Planners, Sur-
veyors, 1123 Crestwood Boulevard, Lake Worth, FL 33460, Sheet No. i of 1
dated April 1984; and prepared by O'Brien, Suiter and O'Brien, Inc.,
Engineers, Surveyors, Land Planners, 2601 N. Federal Highway, Delray
Beach, FL 33444, Sheet No. S-1 dated December 30, 1981; 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 time limitation of this approval pursuant to
Section 30-21(E) and 30-22(E} of the Zoning Code shall be twelve (12)
months from the effective date of this ordinance.
Section 5. 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 6. That any building permits issued by the City shall be
subject to substantial construction being accomplished by the developer
within 120 days of building permit issuance, otherwise said building
permits to be null and void in the absence of the aforesaid construction
progress.
- 3 - Ord. No. 38-84
Section 7. That this ordinance shall become effective ten day~
after passage on second and final reading.
PASSED AND ADOPTED in special session on second and final readin¢
on this the llth day of September , 1984.
ATTEST~ M A O R
First Reading July 24, 1984
Second Reading September 11, 1984
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