22-83 ORDINANCE NO. 22-83
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 CS (SPECIAL-
IZED COMMERCIAL) DISTRICT, IN THE CITY ZONING SAD (SPE-
CIAL ACTIVITIES DISTRICT), BEING A 1.97 ACRE PARCEL OF
LAND LOCATED EAST OF MILITARY TRAIL BETWEEN LAKE IDA ROAD
AND ATLANTIC AVENUE, SAID LAND BEING IN SECTION 13,
TOWNSHIP 46 SOUTH, RANGE 42 EAST; GRANTING CONDITIONAL
USE AND SITE AND DEVELOPMENT PLAN APPROVAL AND AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1977".
WHEREAS, the Planning and Zoning Board, at the meeting held on
November 15, 1982, unanimously recommended annexation and the zoning and
placing of land presently in the County of Palm Beach with County Zoning
of CS (Specialized Commercial) District, in the City Zoning SAD (Special
Activities District); and,
~HEREAS, 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 "Zoning" of the
Code of Ordinances of the City of Delray Beach, Florida, to-wit:
The North 40 feet of the West 662 feet of the Northwest
Quarter of the Northwest Quarter of Section 13, Township
46 South, Range 42 East, Palm Beach County, Florida; less
the right-of-way of State Road 809 (Military Trail); and,
The North 140 feet of the West 662 feet of the Northwest
Quarter (NW~) of the Northwest Quarter (NW~) of Section
13, Township 46 South, Range 42 East, Palm Beaoh County,
Florida; LESS the right-of-way of State Road 809 (Mili-
tary Trail); and LESS the right-of-way of Lake Worth
Drainage District Lateral Canal No. 32.
Also including, the South i5 feet of the North 55 feet of
the North 140 feet of the West 662 feet of the Northwest
One-Quarter of the Northwest One-Quarter of Section 13,
Township 46 South, Range 42 East, Palm Beach County,
Florida.
Section 2. That conditional use and site and development plan
approvals for the subject property described in Section I, above, are
hereby granted subject to the following expressed conditions:
(a) The only conditional use to be permitted hereunder is as
follows:
Professional offices, as are allowed, within the
RM-10 Multiple Family Zoning District, pursuant to
Sec. 30-7(C)(12) of the Code of Ordinances.
(b) Prior to development of this property and receiving any
building permits therefor, the subject development is re-
quired to be platted in accordance with the City Subdivi-
sion Ordinance, 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 will 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
thaH City water, if such water is suitable for irriga-
tion.
(g) That prior to the issuance of any building permits the
developer shall 'obtain authorization from the Lake Worth
Drainage District indicating that planting shall be
allowed in the southerly 2%' of the Lake %~rth Drainage
easement, and that the City and the owner of the subject
property shall have the right to determine and control
the species and location of the planting, within said 2%'
strip.
(h) That the developer shall not permit the 2' protrusion
from parking space stop bar to overhang the 2~' landscape
strip where said strip abuts a parking space.
(i) That the developer shall construct protective curbing at
the entrance way along Military'Trail.
(j) That only one sign with a maximum square footage of 32
square feet shall be permitted on the subject property at
the frontage street.
(k) That the easterly end of the property shall have a 2½'
landscape strip and, assuming a 70° parking angle, 41.33'
for parking space and drive.
(1) That the building(s) to be located on the subject prop-
erty shall be provided with an internal fire extinguish-
ment system.
(m) That the developer, prior to platting, shall obtain an
abandonment of the existing L-32 Canal right-of-way.
(n) That prior to issuance of any building permits the deve-
loper shall submit to the City Engineering Department
ground elevations 50' offsite to the south and east of
the subject property.
(o) That the developer shall provide for protection to all
adjacent property from overland flow of water in a "10-
Year storm."
(p) That the developer shall show existing structures and
easements within the property on the' plans submitted to
the City.
(q) That the cross slope in the parking area shall be at
least ¼"~ft.
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(r) That the developer shall channelize all traffic flow on
the subject site with proper and permissable signs and
markings.
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: Pylon Professional Center, Delray Beach, Florida, prepared by
Doc J. Durden, Inc., P.O. Box 6586, Lake Worth, Florida 33461, Sheet No. 1
dated September 23, 1982, revised on November 1, 198.2, Sheet No. 2 dated
September 23, 1982, revised on October 5, 1982, and Sheet No. 3 dated
September 23, 1982; 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 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 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 ?. 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 12th day of April , 1983.
ATTEST:
Clerk
First Reading March 22~ 1983
Second Reading April 12, 1983
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