54-84 ORDINANCE NO. 54-84
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ZONING AND PLACING LAND PRESENTLY IN THE
COUNTY OF PALM BEACH WITH COUNTY ZONING OF RH (RESIDEN-
TIAL HIGH DENSITY) DISTRICT, IN THE CITY ZONING SAD
(SPECIAL ACTIVITIES DISTRICT}, BEING AN 18 ACRE PARCEL OF
LAND, MORE OR LESS, LOCATED ON THE SOUTH SIDE OF LINTON
BOULEVARD BETWEEN S.W. 4TH AVENUE AND S.W. 10TH AVENUE,
SAID LAND LYING AND BEING IN SECTION 29, TOWNSHIP 46
SOUTH, RANGE 43 EAST; GRANTING CONDITIONAL USE AND SITE
AND DEVELOPMENT PLAN APPROVAL WITH CERTAIN CONDITIONS;
AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983 ";
PROVIDING FOR VOIDING OF BUILDING PERMITS; PROVIDING A
GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Board, at the meeting held on
July 16, 1984, recommended annexation and the zoning and placing of land
presently in the County of Palm Beach with County Zoning of RH (Residen-
tial High Density) District, in the City Zoning SAD (Special Activities
District}; 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 upon annexation
into the City of Delray Beach, Florida, is hereby zoned 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 1. The North half (N½) of Northeast quarter (NE%)
of Northeast quarter (NE%) of Northwest quarter (NW%)
(less three acres lying within Lake Worth Drainage Dis-
trict) Section 29, Township 46 South, Range 43 East, as
per plat recorded in the office of the Clerk of the
Circuit Court of Palm Beach County, Florida. LESS:
The North 53 feet of the North ½ of the NE% of the NE% of
the NW% of Section 29, Township 46 South, Range 43 East,
Palm Beach County, Florida. LESS 3 acres lying within
the Lake Worth Drainage District.
and
The North 53 feet of the NW% of the NW% of the NE½ of
Section 29, Township 46 South, Range 43 East, Palm Beach
County, Florida, lying outside of the Lake'Worth Drainage
District Boundary. Less road rights-of-way.
PARCEL 2. The NW% of the NW% of the NEb of Section 29,
Township 46 South, Range 43 East, Palm Beach County,
Florida, lying outside of the Lake Worth Drainage Dis-
trict boundary. LESS rights-of-way for S.W. 12th Street.
PARCEL 3. Lots 7, 8, 9 and 10 (Less the North 28 feet
thereof) and Lots 15, 16, 17 and 18, all in Block 1, WEST
EL BE, according to the Plat thereof recorded in Plat
Book 15, Page 22, of the Public Records of Palm Beach
County, Florida.
and
Lots I thru 6, all inclusive, and Lots 11 and 12 less the
North 28 feet thereof for road right of way; Lots 13 and
14, and Lots 19 thru 24, all inclusive, in BLOCK 1; ALSO,
Lots I thru 24, all inclusive, in BLOCK 5; and Lots 1
thru 12, all inclusive, in BLOCK 6; of WEST EL BE ADDI-
TION, as shown in Plat Book 15, Page 22 of the Public
Records of Palm Beach County, Florida; being a part of
Section 29, Township 46 South, Range 43 East, Palm Beach
County.
The subject property is located on the south side of
Linton Boulevard between S.W. 4th Avenue and S.W. 10th
Avenue.
The above-described parcels contain an 18 acre parcel of
land, more or less.
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:
Hotel and limited commercial uses.
(b) Prior to development of this property and receiving
and building permits therefore, the subject develop-
ment 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 specifications.
(d) The drainage of the subject project shall be main-
rained 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
irrigation for this project shall be from a source
other than City water, if such water is suitable for
irrigation.
(g) That the design requirements of S.W. 10th Avenue
shall be in accordance with City plans.
(h) That Egret Circle shall be a private road.
(i) That the developer shall at its sole expense con-
struct a left turn lane for S.W. 4th Avenue and
Linton Boulevard.
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(j) That the developer shall construct twenty-five (25%)
percent of the hotel rooms to accommodate the handi-
capped.
(k) That prior to any scrub clearing and tree removal,
applications must be filed with the building depart-
ment to receive permits for removal.
(1) That the developer shall obtain water and sewer
approval at the time of platting the development.
(m) That only one main use sign shall be permitted per
final plat.
(n) That each phase of this project comply with all
zoning and landscaping requirements of the Code for
that phase.
(o) That the developer must sod to the edge of the
pavement along rights-of-way and provide irrigation
to the same.
(p) That the developer shall provide 100' stacking
before first internal driveway, east side at west
project entrance.
(q) That the median at west project entrance shall not
extend into right-of-way of Linton Boulevard.
(r) That the developer's responsibility for traffic
improvements and dedication of its property for
public use in connection with the widening of Linton
Boulevard from Old Dixie Highway to 1-95 shall be
defined by and limited to those responsibilities set
forth in the amended agreement between LIR Develop-
ment Company, the City of Delray Beach, and Palm
Beach County, dated September 25, 1984.
Section 3. That the development of the property described in
Section 1 is to be in accordance with the approved site and development
plans re: Linton Square at Lavers, Delray Beach, Florida, prepared by
Peabody and Childs Architects Inc., Architects, 400 E. Sample Road,
Pompano Beach, Florida 33064, Sheet No. 1, dated June 1, 1984, and Sheet
Nos. El, E2, E3 and E4, dated July 6, 1984, and prepared by Walter Taft
Bradshaw and Associates, P.A., Landscape Architects, 4337 Seagrape Drive,
Lauderdale-By-The-Sea, Florida, Sheet No. 3, dated June 1, 1984 and re-
vised August 3, 1984, and prepared by Cape International, Comprehensive
Architecture, Planning, Engineering, 2137 10th Ave. North, Lake Worth,
Florida 33461, Sheet No. E5 dated July 4, 1984; all of which are incor-
porated 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 twenty-four (24)
months from the effective date of this ordinance.
Section 5. That the Planning Director of said City shall, upon
the effective date of this ordiD~nce 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, 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.
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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 the25thday of September , 1984.
ATTEST: ~~~MA~
Asst.City Clerk
First Reading J~y 24, 1984
Second Reading ~m~r 25. lgR4
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