66-83 ORDINANCE NO. 66-83
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 CN-NEIGHBORHOOD
COMMERCIAL IN THE CITY ZONING SAD (SPECIAL ACTIVITIES
DISTRICT), BEING A 1.54 ACRE PARCEL OF LAND LOCATED NORTH
OF WEST ATLANTIC AVENUE BETWEEN BARWICK ROAD AND HAMLET
DRIVE, IF EXTENDED NORTH; 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, 1983".
WHEREAS, The Planning and Zoning Board, at the meeting held on
July 18, 1983, unanimousl.y recommended annexation and the zoning and
placing of land presently ~n the County of Palm Beach with County Zoning
of CN (Neighborhood Commercial) District, 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 TEE 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 "Zoning" of
the Code of Ordinances of the City of Delray Beach, Florida, to-wit:
That part of the West Quarter (w%) of the Northeast
Quarter (NE%) of the Southeast Quarter (SE%) and the East
Quarter (Et) of the Northwest Quarter (NW%) of the South-
east Quarter (SE%) of Section 13, Township 46 South,
Range 42 East, Palm Beach County, Florida, lying North of
the North right-of-way line of State Road No. 806, as
shown on the plat thereof recorded in Road Plat Book 3 at
Page 27 of the Public Records of Palm Beach County,
Florida, described as follows:
Beginning at the point of intersection of the said North
right-of-way line of State Road No. 806 and the West line
of the said East Quarter (Et) of the Northwest Quarter
(NW%) of the Southeast Quarter (SE%) of Section 13;
thence North, along said West line, 400 feet to a line
400 feet North of and parallel with said North right-of-
way line; thence S 89"59'27"E, along said parallel line,
69.0 feet; thence South 237.19 feet; thence N 89°50'50"E
133.29 feet; thence S 39°55'10"E 100.31 feet; thence N
86°29'33"E 110.55 feet; thence South 93.05 feet to the
said North right-of-way line of State Road No. 806;
thence N 89°59'27"W, along said North right-of-way line,
377.0 feet to the said point of beginning.
The subject property is located north of %~est Atlantic
Avenue between Barwick Road and Hamlet Drive, if extended
north.
The above-described parcel contains a 1.54 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 follows:
Restaurant with lounge.
(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 will 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 developer shall submit topographic con-
ditions on-site and 100' off-site with building
permit application.
(g) That the developer shall dedicate additional right-
of-way as shown on the plans ~rior to issuance of
building permit.
(h) That prior to issuance of a building permit the
developer shall obtain a variance to Sec. 30-16 (K)
reducing the required ten-foot landscaping strip at
the west portion of the front property line to five
feet.
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: The Rod & Gun Club Restaurant, Delray Beach, Florida, prepared
by Robert G. Steuber, Architect & Planner, P.O. Box 2984, Palm Beach,
Florida 33480, Sheet Nos. S-l, S-2, A-l, dated June, 1983; and prepared by
Simmons & White, Inc., Engineers, Planners, Consultants, 1028 S. Military
Trail, West Palm Beach, Florida 33406, Sheet No. E-I, dated 6/2/1983; all
of which are hereby incorporated by reference and made a part hereof and
upon which the City has relied upon 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.
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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 27th day of September . . ., 1983.
ATTEST:
Asst. City Clerk
First Reading August 231 1983
Second Reading September 271 1983
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