32-83 ORDINANCE NO. 32-83
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, CHANGING THE CITY'S LAND USE DESIGNATION
IN THE COMPREHENSIVE PLAN FOR THE SUBJECT PROPERTY FROM
PRD-4 PLANNED RESIDENTIAL (4 UNITS/ACRE) TO PCC PLANNED
COMMERCE CENTER AND REZONING THE SUBJECT PROPERTY FROM
PRD-4 (PLANNED RESIDENTIAL) DISTRICT TO PCC (PLANNED
COMMERCE CENTER) A PORTION OF SECTION 18 AND SECTION 19,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, ;~ICH PROPERTY IS MORE
PARTICULARLY DESCRIBED IN THIS ORDINANCE, AND IS LOCATED
SOUTH OF ATLANTIC AVENUE, BETWEEN THE E-4 CANAL AND
CONGRESS AVENUE; GRANTING SITE AND DEVELOPMENT PLAN
APPROVAL AND AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 1983".
%~HEREAS, the Planning and Zoning Board, at the meeting held on
March 21, 1983, unanimously recommended that the City's Land Use Plan
designation in the Comprehensive Plan for the subject property be changed
from PRD-4 Planned Residential (4 units/acre) to PCC Planned Commerce
Center; that the property be rezoned from PRD-4 (Planned Residential)
District to PCC (Planned Commerce Center) and that site and development
plans for the project be approved; and,
%~EREAS, the City Council concurs in the recommendation,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject property is
as follows:
A portion of Section 18 and Section 19, Township 46 South, Range
43 East, Palm Beach County, Florida, being more particularly
described as follows: Begin at the Northeast corner of the South
one-half of the Northwest one-quarter of the Northeast one-quarter
of said Section 19, said Point also being the Point of Beginning
and also being the Northwest corner of Lot 24, Block 2, as shown
on the plat of Golf Park as recorded in Plat Book 26 at Page 141
of the Public Records of Palm Beach County, Florida; thence S
00°06'08" E, along the East line of the aforesaid South one-half
of the Northwest one-quarter of the Northeast one-quarter of
Section 19 for a distance of 296.71 feet; thence S 89°20'32"W and
parallel with the North line of the aforesaid South one-half of
the Northwest one-quarter of the Northeast one-quarter of Section
19 for a distance of 390.70 feet; thence S 53°40'36"W for a
distance of 362.84 feet; thence S 89~20'32"W and parallel with
the aforementioned North line of the South one-half of the North-
west one-quarter of the Northeast one-quarter of Section 19 for a
distance of 306.85 feet to the centerline of an easement for Lake
Worth Drainage Canal E-4; thence N 00~09'23" W along said center-
line for a distance of 1.09 feet; thence N 00°09'26" E along said
centerline for a distance of 757.85 feet; thence N 00~42'04" W
along said centerline for a distance of 455.08 feet; thence East
for a distance of 170.57 feet; thence S 45~ E for a distance of
28.28 feet; thence East for a distance of 742.97 feet to a point
on the West right-of-way of Congress Avenue; thence South along
said West right-of-way for a distance of 94.35 feet to the Point
of Curvature of a circular curve to the left, having for its
elements a radius of 1094.74 feet and a central angle of 29°34'
43"; thence Southeasterly along the arc of said curve, and along
said ~'~est right-of-way line for an arc distance of 565.15 feet to
the Point of Tangency; thence S 29°34'43'' E along said West
right-of-way line for a distance of 44.16 feet to the intersec-
tion with the North line of Lot 25, Block 2 as shown on the Plat
of Golf Park, thence S 89°20'32'' W along the North line of said
Lots 24 and 25 for a distance of 105,22 feet to the Point of
Beginning. Said land lying and being in Palm Beach County,
Florida. Containing 24.25 acres more or less.
Section 2. That the Land Use Plan designation of the subject
property as described in Section 1, above, in the City's Comprehensive
Plan adopted by Ordinance .No. 65-79, is hereby changed to PCC Planned
Commerce Center.
Section 3. That the property described in Section 1, above, is
hereby rezoned and placed in PCC (Planned Commerce Center) District, as
defined in Chapter 30 "Zoning" of the Code of Ordinances of the City of
Delray Beach, Florida.
Section 4. That site and development plan approval for the
subject property described above is hereby granted subject to the fol-
lowing expressed conditions:
(a) Prior to development of this property and receiving
any building permits therefor, the subject develop-
ment is required to be platted in accordance with
the City Subdivision Ordinance, Chapter 24 of the
Code of Ordinances.
(b) That the developer shall construct right and left
turn lanes on the development's Congress Avenue
entrance.
(c) That signs and pavement markings constructed or
erected by the developer must be in accordance with
MUTCD specifications.
(d) That 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 than City water, if such water is suitable for
irrigation.
(g) That the developer will contribute to the road
impact fee to Palm Beach County at such time as the
County begins the fourlaning of Congress Avenue, or
as stated in the ordinance, whichever comes first
and that the developer will bond the road impact fee
until collection.
(h) That the developer will erect signs to indicate
truck routes.
(i) That the Division of Local Resources Management
issue a binding letter of interpretation with a
finding that this project does not constitute a
development of regional impact (DRI).
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Section 5. That the development of the property described in
Section 1 is to be in accordance with the approved site and development
plans re:
Congress Park South, Delray Beach, Florida, prepared by
Sanders Planning Group, P.A., 2425 E. Commercial Blvd.,
Fort Lauderdale, FL 33308, Sheet Nos. SP-1, SP-2, SP-3,
SP-4 and SP-5, dated January 7, 1983; and prepared by
William M. Maki, Engineer, 6804 N.W. 20th Avenue, Fort
Lauderdale, Florida, Sheet Nos. C-1 and C-2, dated Janu-
ary 7', 1983; and prepared by Donald P. Ramsay, Registered
Land Surveyor No. 1208, State of Florida, 1490 West 49th
Place, 4570, Hialeah, FL 33012, Sheet Nos. S-l, S-2 and
S-3; and prepared by Ellis, Naeyaert, Genheimer Associ-
ates, Inc., Architects/Engineers, 3200 N. Federal High-
way, Boca Raton, FL 33431, Sheet Nos. P-1 and P-2; all of
which are incorporated by reference and made a part
hereof and upon which the City has relied in granting
this approval.
Section 6.. 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 7. That the Planning Director of said City shall, upon
the effective date of this ordinance change the Land Use Plan and Zoning
Map of Delray Beach, Florida, to conform with the provisions hereof.
Section 8. 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 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 final reading
on this the 24th day of May , 1983.
ATTEST:
City Clerk
First Reading May 10. 19~3
Second Reading May 24, 1983
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