64-83 ORDINANCE NO. 64-83
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 RS-RESIDENTIAL
SINGLE FAMILY, IN PART, AND CG-GENERAL COMMERCIAL TO A
DEPTH OF 150 FEET ON THE WESTERN BOUNDARY, IN THE CITY
ZONING SAD (SPECIAL ACTIVITIES DISTRICT), BEING A 15.39
ACRE PARCEL OF LAND LOCATED NORTH OF AVENUE "L", BETWEEN
FLORIDA BOULEVARD AND SOUTH FEDERAL HIGHWAY; SAID LAND
BEING ALL OF BLOCKS 29, 30, 31 AND 33 OF DEL-RATON PARK
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14,
PAGE 10, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN
APPROVAL AND AMENDING "ZONING MAP OF DELRAY BEACH, FLOR-
IDA, 1983".
WHEREAS, the Planning and Zoning Board, at the meeting held on
July 18, 1983, recommended annexation and the zoning and placing of vacant
land presently in the County of Palm Beach with County Zoning of RS-
Residential Single Family, in part, and CG-General Commercial to a depth
of 150 feet on the western boundary, 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 annexa-
tion 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:
A Portion of the Plat of 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, said portion being bounded as
follows:
On the North by the Centerline of Avenue J; on the East
by the West right of way line of Florida Boulevard; on
the SOuth by the North right of way line of Avenue L; and
on the West by the East right of way line' of U.S. Highway
No. 1, said right of way line being 38 feet East of and
parallel with the West line of Blocks 29 and 30 of the
said plat of DEL-RATON PARK. ·
Also known as: All of Blocks 29, 30, 31 and 33 of DEL-
RATON PARK according to the Plat thereof recorded in Plat
Book 14, Page 10, Public Records of Palm Beach County,
Florida.
The subject property is located north of Avenue "L",
between Florida Boulevard and South Federal Highway.
The above-described parcel contains a 15.39 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
those uses listed in Sec. 30-10 (B) (Permitted Uses of the CC - Community
Commercial District) and Sec. 30-10 (C) (Conditional Uses of the CC -
Community Commercial District) of the Code of Ordinances of the City of
Delray Beach, Florida, as are existing on the date of adoption on Second
and Final Reading of this Ordinance; provided, however, that the following
uses are hereby specifically excluded and prohibited: automotive parts;
cocktail lounges and bars; and amusement game facilities.
(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 all signs and pavement markings constructed or
erected by the developer must be in accordance with
MUTCD specifications.
(c) 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.
(d) There sh~ll be no dumpsters, cluster boxes, trees,
shrubs or structures permitted on any easements or
rights-of-way shown on the plat.
(e) 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.
(f) That the public roadways designated as Avenue "K",
"J" and Kings Court along with all Alleys must be
abandoned prior to issuance of any building permits,
either through the abandonment process or through
appropriate replatting.
(g) That the development is required to be constructed
so as to retain the first inch of water runoff on
site, to protect the adjoining road from a 10-year
storm, to protect the parking area from a 3-year
storm with no overland runoff from a 10-year storm.
(h) That the drainage system for the project shall be
designed with a maximum of two overflows from the
site system to the public street system, and that
the two systems shall be separate.
(i) That the proposed water system for the project shall
be constructed of ductile iron class 50; and the
type of hydrants on the site shall be specified and
submitted for review of the City prior to the issu-
ance of any building permits.
(j) That the sewer line service to the self-serve gas
station shall be extended southeasterly only 200
linear feet and a manhole shall be constructed;
further an 8" line shall then connect this manhole
to the main lateral along Fredrick Boulevard.
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(k) That at the "Financial" building at the northwest
part of this project, the 6" line shall extend
easterly only 200 linear feet to a manhold and an 8"
line shall then connect to the lateral at the man-
hole proposed at Fredrick Boulevard.
(1) Tha~ sewer taps to accommodate future construction
to the east and south of the proposed project shall
be required as follows: (1) four (4) - 6" sewer taps
and lateral extensions to the east of Florida Boule-
vard; and (2) two (2) - 6" taps to extend south of
Avenue "L" along the 285 linear foot reach.
(m) That the developer shall place either shade trees or
Australian Pines on the eastern edge of the property
between the residential units and the wall separat-
ing the residential units from the commercial shop-
ping center in sufficient number to act as a screen
and buffer between the two uses.
Section 3. That this project shall be completed in accordance~
with the approved site and development plans re: South Delray Shopping
Plaza, Delray Beach, Florida, prepared by Joseph Angelo Chiesa, Architect,~
1000 East Atlantic Boulevard, Suite 100, Pompano Beach, Florida, Sheet No.~
1-A dated June 24, 1983, Sheet No. 1 dated May 5, 1983, Sheet No. 2-A
dated June 25, 1983 and revised July 23, 1983; and prepared by James
Santiago, Landscape Architect, 612 N.E. 14th Avenue, Fort Lauderdale, FL
33304, Sheet No. L-1 d~ted July 1, 1983 and revised July 26, 1983; and
prepared by D.M. Ambrose Associates, Inc., Consulting Engineers, Land
Surveyors, 6190 North Federal Highway, Boca Raton, FL 33431, Sheet No. E-1 ~
dated June 30, 1983 and revised July 27, 1983; and prepared by Deni Asso- ~
ciates, 7025 N.W. 4th Street, Plantation, FL 33317, Sheet No. T-1 dated i
June 30, 1983 and Sheet No. S-1 dated July 22, 1983.
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 7. 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 ~ day of September , 1983.
ATTEST:
~ City
First Reading · August 9. 1983
Second Reading September 13t 1983
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