52-84 ORDINANCE NO. 52-84
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRES-
ENTLY ZONED LI (LIGHT INDUSTRIAL) DISTRICT, IN SAD (SPE-
CIAL ACTIVITIES) DISTRICT, BEING A 9.4 ACRE PARCEL OF
LAND LOCATED AT THE NORTHEAST CORNER OF LINTON BOULEVARD
AND CONGRESS AVENUE, SAID LAND LYING AND BEING IN SECTION
19, TOWNSHIP 46 SOUTH, RANGE 43 EAST; GRANTING CONDI-
TIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL AND
AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983";
PROVIDING FOR LAPSING OF BUILDING PERMITS; PROVIDING A
GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE.
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=
The East 425 feet of that part of the Southeast Quarter (SE%) of
Section 19, Township 46 South, Range 43 East, Palm Beach County,
Florida, lying West of the West right-of-way line of the Seaboard
Airline Railway; less and not including the North 1,655 feet and
the South 53 feet thereof, and also=
LESS AND NOT INCLUDING the following described= Begin at the
Southwest corner of the aforedescribed; thence Northerly along
the West line of the above described parcel, being the Easterly
right-of-way line of Congress Avenue (S.W. 20th Avenue), a dis-
tance of 117.22 feet; thence Southeasterly, making an angle with
the preceding course, measured from South to East, of 15°27'09",
a distance=of 108.35 feet; thence Easterly, making an angle with
the preceding course, measured from North to East, of 104°02'35",
a distance of 396.25 feet to a point in the East line of the
parcel previously described; thence Southerly, along said East
line, a distance of 23.92 feet to a point in a line 53 feet North
of and parallel with the South line of said Section 19, Township
46 South, Range 43 East, said parallel line being the North
right-of-way line of S.W. 12th Street as presently laid out;
thence Westerly, along said line, a distance of 425 feet to the
Point of Beginning.
The subject property is located at the northeast corner of Linton
Boulevard and Congress Avenue, Delray Beach, Florida.
Section 2. That conditional use and site and development plan
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~
Antiques
Appliances, including service
Art galleries, supplies, and crafts
Auctions
Automotive parts
~akeries
Barbershops
Bath shops
Beauty shops
Bicycle sales and service
Bookstores
Business machines, including service
Business offices
Butcher shops
Carpets and floor coverings
Caterers
Cheese shops
Cocktail lounges, bars, and package liquor stores, subject
to the restrictions set forth in Chapter 3 of the Code
Communication and transmission facilities
Community center facilities
Confectioneries
Cosmetics
Del icatessens
Department stores
Draperies and 'slipcovers
Drug stores
-Dry cleaning, limited to 1500 sq. ft., customer pick-up only
Dry cleaning pick-up stations
Electrical fixtures and supplies
Electronic equipment, including service
Exercise facilities
Financial institutions, including drive-in failities
Fish markets
Florists
Food stores
Fruit and vegetable markets
Garden supplies and plants
Gift shops
Glass and glazing shops
Harware, including paint and wallpaper
Health foods
Hearing aids
Hobby shops
Home furnishings
Ice cream parlors
Import shops
Interior decorator shops
Jewelers
Laundry_ pick-up stations
Leather goods
Libraries
Luggage
Medical and dental clinics, subject to requirements and
restrictions set forth in Code Section 30-1(17)
Medical and surgical equipment
Museums
Music shops
Nautical supplies
News stands
Office furniture, equipment and supplies
Optical equipment
Pet grooming
Pet shops
Photographic equipment and supplies
Photographic studios
Printing and publishing
Professional offices
Recreation establishments, including bowling lanes,
gymnasiums, health spas, miniature golf courses, and
skating rinks
Repair shops, small items
Restaurants and snack shops, excluding drive-in, drive-thru
and fast food
Sewing supplies
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Sporting goods
Stationery
Tailoring
Theaters, excluding drive-in
Tobacconist
Toy shops
.~~_V~riety stores
Wearing apparel and accessories for men, women and children
(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 suitable for irrigation.
(g) That the developer shall, at its sole expense, construct a
south driveway as a right-in, right-out only.
(h) That prior to the issuance of any building permits for the
project described herein the developer shall, at Palm Beach
County's discretion, either enter into an agreement with
Palm Beach County agreeing to construct Congress Avenue as a
four-lane'facility for the length of the subject property,
or shall pay the amounts required pursuant to the Palm Beach
County mFair Share" road impact fee ordinance.
(i) That the developer shall dedicate additional right-of-way to
Palm Beach County within 60 days after adoption of this
ordinance.
(j) That the developer shall, at its sole expense, construct
right turn lanes at the main and south driveways and a left
turn lane'at the main driveway.
(k) That, prior to the issuance of any building permits, the
developer shall at its own expense submit a water distri-
bution layout showing that an additional fire hydrant shall
be installed in the center at rear of the shopping plaza.
(1) That prior to preliminary plat approval the developer shall
submit a revised landscape plan.
(m) That the barrel tile mansard roof, as shown on the render-
ings, shall be continued around the rear of the food store
at least to that point where the food store is joined to the
rear of the other stores.
(n) That all roof-top mechanical equipment, including but not
limited to air conditioning units and ventilator ducts,
sh~ll be completely screened from off-premises view.
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(o) That cart storage shall be prohibited in the area's desig-
nated parking spaces on the site plan.
(p) That prior to the issuance of any building permits the
developer shall provide the City a plan for lighting the
back parking area, said plan to be to the satisfaction of
the City.
Section 3. That the development of the property described in
Section I above is to be in accordance with the approved site and develop-
ment plans re: Linton Square, Delray Beach, Florida, prepared by Theo. R.
Majdiak & Associates, Architects/Planners, 2800 East Commercial Boulevard,
Fort Lauderdale, Florida, Sheet No. SP-1 dated 'Received May 1, 1984 -
Planning Division'; and prepared by Michael E. Pirich, Landscape Archi-
tect, 2419 Middle River Drive, Fort Lauderdale, Florida, Sheet Nos. L1 of
3, L2 of 3 and L3 of 3, dated 'Received May 18, 1984 -Planning Division';
and prepared by Theo R. Majdiak & Associates, Architects/Planners, 2800
East Commercial Boulevard, Fort Lauderdale, Florida, Sheet No. EL-l, dated
'Received May 1, 1984 - Planning Division'; the architectural renderings,
showing typical storefornts and an overview of the Linton Square project,
Delray Beach, Florida, prepared by Vathaver Studio, and dated 'Received
May 18, 1984 - Planning Division'; all of which are incorporated by ref-
erence and made a part hereof and upon which the City has relied in grant-
ing 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 eighteen (18)
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
8each, Florida, to conform with the provisions of Section i, hereof.
SectiQD 6. That any building permits issued by the City shall be
subject to substantial construction, consisting of footings and slabs as a
minimum, 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.
Section 7. That all ordinances or parts of ordinances in con-
flict herewith be and the same are hereby repealed.
Section 8. That this ordinance shall become effective ten days
after passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the 14th day of August , 1984.
ATTEST.'
First Reading June 26t 1984
Second Reading August 14, 1984
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