79-84 ORDINANCE NO. 79-B~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND
PRESENTLY ZONED PRD-4 (PLANNED RESIDENTIAL
DISTRICT), IN SAD (SPECIAL ACTIVITIES DISTRICT),
BEING AN 86.423 ACRE PARCEL OF LAND, MORE OR LESS,
LOCATED ON THE SOUTH SIDE OF LINTON BOULEVARD
BETWEEN LINDELL BOULEVARD AND INTERSTATE-95, SAID
LAND LYING AND BEING IN SECTION 29, TOWNSHIP
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
September 17, 1984, recommended zoning and placing of land presently
zoned PRO-4 (Planned Residential District), in the zoning SAD
Activities District); and,
WHEREAS, the City Council has determined that such change
should be made,
NOW, THEREFORE, 8E IT ORDAINED 8Y THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section..~.. That the following described property 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:
A tract of land lying in Section 29, Township 46 South, Range
East, being Parcel 3 and Parcel ~, LINTON CENTER, as recorded in
Plat 8ook 39, Pages 8 and 9 of the Public Records of Palm 8each
County~ Florida. TOGETHER WITH Lots 1251, 1252, 1253 and 1260,
TROPIC PALMS PLAT NO. 3, as recorded in Plat Book 25, Pages
137-139 of the Public Records of Palm 8each County, Florida.
Containing a total of 86.423 acres, more or less, and subject to
easements and rights-of-way of record. This property is located
south of Linton 8oulevard, between Interstate-95 and Lindell
Boulevard, Del~ay Beach, Florida.
Section 2. That conditional use and site and development plan
approvals ~Or 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:
(1) Hotel and motel with ancillary restaurant, lounge,
recreation, and retail uses;
(2) Office, research and development, and associated
production uses;
(3) Multiple family residential units and their attendant
recreational facilities;
(4) Home occupations, subject to Sec. 30-17(L)
(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
specifications.
(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
irrigation for this project shall be from a source other
than City water, if such water is suitable for irrigation.
(g) That existing rights-of-way and easements of record shall
be abandoned prior to receiving final plat approval.
(h) That traffic channelization at the office drop-off areas
near Lindell/S.W. loth Avenue shall be designed in
accordance with the standards of the City Engineer.
(i) That a 100' tangent before the first curve shall be
provided at the entrance across from Egret Circle in
accordance with the standards of the City Engineer.
(j) That the cross-connection between Buildings B and C of the
multiple family area shall be improved to make a useable
roadway connection by straightening alignment and deleting
parking in accordance with the standards of the City
Engineer.
(k) That the pedestrian path in the residential area shall be
extended to the northern end and that pedestrian linkages
shall be provided within the office park in accordance with
the standards of the City Engineer.
(1) That signs and markings shall be used to define one-way
traffic patterns in accordance with the standards of the
City Engineer.
(m) Prior to the issuance of any building permits, the
developer will be required to enter into an Agreement with
tbs City regarding the widening of Linton Boulevard from
four lanes to six lanes from Old Dixie Highway through the
1-95 Interchange. This Agreement will define the
developer ' s share of the cost of this road widening
project. The Agreement between the developer and the City
will also coordinate timing of on-site and off-site traffic
improvements with phasing and timing of construction of the
development.
(n) That the developer shall construct S.W. 10th Avenue as a
4-lane roadway with bike lanes from Linton 8oulevard to
Lindell Boulevard.
(o) That the developer shall construct turn lanes at Lindell
Boulevard and project entrances, install a traffic signal
at Lindell Boulevard/S.W. 10th Avenue, and modify the
signal at Linton/S.W. 10th Avenue.
(p) The developer recognizes that roadway improvements
associated with the traffic generated from this project
have not yet been finally determined. Prior to the
issuance of any building permits, the developer will agree
to construct such additional on-site and off-site traffic
improvements as may be required by City Council in
accordance with its land development regulations.
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(q) That the fire hydrant at the west end of the residential
section shall be relocated to the roadway east of the
traffic circIe in accordance with the standards of the Fire
~arshal.
(r) That upon adoption of an amendment to the parking code now
under consideration by the Pianning and Zoning Board, the
site plan shall be modified and resubmitted for approval to
reflect the revised design and parking space criteria.
(s) That the residential density be no greater than 9.5 units
per acre (2~ units).
(t) Prior to issuance of any building permits, the developer
shai1 submit detailed, final Iandscaping pIans for review
and approval by the City HorticuIturist.
(u) Any bay doors shall be completeIy screened from
off-premises ground level view from adjacent residential
property o
Section 3. That the development of the property described in
Section 1 is to be in accordance with the approved site and develop~e~t
plans, as modified by the conditions listed in Section 2, re: Delint
Center, Delray Beach, Florida, prepared by Currie/Stubbins and
Associates, A.I.A., R.A., Architects/Rlanner s, 355 N.E. 5th Avenue,
Delray Beach, Florida 35444, Sheet Nos. l, lA, 2, 2A, and 5L5, dated
September lb, 1984; and Sheet Nos. 1LS, 2L5, 3L5, 4L5, and 6L5, dated
September 5, 1984; and Sheet Nos. 3AlO, 4AlO, 5AlO, 6AlO, 7AlO, 8AlO,
~AlO, and lOAlO, dated August l, 198~; and prepared by Raramount
Engineering Group, Engineers, 8oca Raton, Florida, Sheet Nos. 1E, 2E,
and 3E, dated August l~, 1984; all as amended (by Section 2 above); 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. This ordinance and the approval granted hereunder
is subject to the following additional condition:
Rrior to commencing any development on the property legally
Oesc~ibed under Section I of this ordinance, the property owner
shall submit a Development of Regional Impact application in
regard to the project. If a Development of Regional Impact
application is submitted, the property owner may not submit any
additional applications or requests for Delray 8each development
permits on the subject property unless and until the City
Council of Delray Beach enters a development order pertaining to
the DRI applicaf, ion; provided~ however, that the City may issue
a permit for clearance or beautification if the property owner
enters into an Agreement with the Department of Community
Affairs in accordance with F.A.C. 9B-16.18. The City Council
expressly reserves all rights which the City would have in the
absence of this ordinance to review and act upon the DRI
application.
Ail words and phrases used in this Section 4 are hereby defined
to have the same meaning that such terms have under Chapter 380
of the Florida Statutes.
- ~ - ORD. NO. 79-84
Section 5. That the time limitation of this approval pursuant
to Section--~-~~ and }0-22(E) of the Zoning Code shall be three (5)
years from the effective date of the DRI Development Order.
S.ection 6. That the Planning Director of said City shall,
upon the effective date of this ordinance change the Zoning Map of
Deiray 8each, Florida, to conform with the provisions of Section
hereof.
Section 7. 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 i20 days of
building permit issuance; otherwise said building permits to be null and-
void in the absence of the aforesaid construction progress.
Section 8. That all ordinances or parts of ordinances in
conflict he~e~i't"h'"bl and the sam~ are hereby repealed.
Section 9. That this ordinance shall become effective ten
days after passage on second and final reading.
PASSED AND ADOPTED in regular session on second and fln~l
reading on this the 9th day of October ~ 1984.
ATTEST:
First Reading Septembe~ 25,. 1.9_84 ..
Second Reading October 9, 1984
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