83-84 ORDINANCE NO. 83-84
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 CG-GENERAL
COMMERCIAL, IN PART, AND RM-RESIDENTIAL MEDIUM DENSITY,
IN PART, IN THE CITY ZONING SAD (SPECIAL ACTIVITIES
DISTRICT), BEING A 0.986 ACRE PARCEL OF LAND, MORE OR
LESS, LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION
OF AVENUE "L" AND SOUTH FEDERAL HIGHWAY, SAID LAND BEING
LOTS 40 THROUGH 54, INCLUSIVE, BLOCK 32, DEL-RATON PARK,
PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 14, PAGE 10 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, LESS THE RIGHT-OF-WAY FOR
U.S. HIGHWAY NO. 1; GRANTING CONDITIONAL USE AND SITE AND
DEVELOPMENT PLAN APPROVAL WITH CERTAIN CONDITIONS; AMEND-
ING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVID-- -
ING FOR VOIDING OF BUILDING PERMITS; PROVIDING A GENERAL
REPEALER; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Board, at the meeting held on
August 14, 1984, recommended annexation and the zoning and placing of land
presently in the County of Palm Beach with County Zoning of CG-General
Commercial, in part, and RM-Residential Medium Density, in part, 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, lorida, 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:
Lots 40 through 54, inclusive, Block 32, Del-Raton
Park, Palm Beach County, Florida, according to the
plat thereof recorded in Plat Book 14 at Page 10 of
the Public Records of Palm Beach County, Florida,
less the right-of-way for U.S. Highway No. 1.
The subject property is located at the southeast
corner of the intersection of Avenue "L" and South
Federal Highway.
The above-described parcel contains a 0.986 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 use to be permitted hereunder
is as follows:
Automobile dealership
(b) Prior to development of this property and receiving
any 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-
tained 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 a Unity of Title shall be submitted with the: ~
final plat as agreed to by George D. Nassief in a
letter to the Planning Director dated September 11,
1984.
(h) That the site plan shall be revised to align the
driveway on Avenue "L" with or located 125' away
from opposing driveways in accordance with Section
24-30(L) of the Subdivision Ordinance.
(i) That the site plan shall be revised to show no more
than twelve parking spaces in a row without an
intervening landscaped island in accordance with
Section 9-378(f)(2).
(j) That the site plan shall be revised to delete the
legal description for "shopping center under con-
struction".
(k) ~ That parking of cars for display and sales in the
area between the building and Federal Highway shall
be permitted only in the parking spaces shown on the
approved site plan and that the site plan shall be
revised to clarify the location of car sales and
display parking.
Section 3. That the development of the property described in
Section 1 is to be in accordance with the approved site and development
plans, as modified by the above conditions, re: Isuzu Motors, Delray
Beach, Florida, prepared by Russell C. Chase Architects, Inc., 114 S.W.
10th Street, Fort Lauderdale, FL 33315, Sheet Nos. 1, 2, and 3, dated June
2, 1984; and prepared by O'Brien, Suiter and O'Brien, Inc., Engineers,
Surveyors and Land Planners, 2601 North Federal Highway, Delray Beach, FL
33444, Sheet No. 4, dated March 27, 1984; 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
Sections 30-21(E) abd 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
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 b~ the developer within 120 days of building
~rmi~ issuange, otherwise said building permits to be nuI1 and void in
tne absence o£ 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 ADORED in regular session on second and final reading
on this the 13th day of November , 1984.
ATTEST:
City Clerk
First Reading October 9, 1984
Second Reading November 13, 1984
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