91-83 ORDI~ANCE NO. 91-~3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL~AY
BEACH, FLORIDA, ZONING AND PLACING LAND PRESENTLY IN THE
COUNTY OF PALM BEACH ~ITH COUNTY ~.ONIN~ OF a~ (AGkiCbL-
TURAL) DISTRICT, IN THE CITY ZONING SAD (SPECIAL AC-
TIVITIES DISTRICT), B~ING a 12.24 ACAE PAkC'~.L OF LAND
LOCATED ON THE SOUTh SI DE OF GER~L~NTO~'~N ROAD bET~'ELN
S.W.22ND AVENUE Ai{D CONGRESS AVENUE, SAID LAND DEYNG IN
SECTION 30, TOW/qSHIP 46 SOD~H, RANGE 43 EAST; GRAi~TING
CONDITIONAL USE AND SITE ~D DEVELOP[~.E~{T PLAN APPROVAL
WITH CERTAIN CONDITIONS; PROVIDING A GENERAL REPEALER;
AND A~NDING "ZONING ~a%P OF DEL~AY BEACH, FLORIbA, 1983".
¥~HER~A$, the Planning and Zoning Board, at the meeting nel= on
December 19, 1983, recommended annexation and the zoning and placing
land presen=ly in the County of Palm Beach with Count~ Zoning of Ak (~grl-
cultural) District, in the City Zoning SAD (Special Activities District);
and,
W~EREA~, the City Council has determ~ne~ that suc~ change should
be made,
NO~, THEREFORe, BE I~' O~D~INED BY T~E CITY CODNCIL OF ThE CITY ~F
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property upon annexation
into the City of Delray Beach, Florida, is hereby zoned an~ placed ~n the
SAD (Special Activities District) as defined in Chapter 30 of the Code of
Ordinances of the City of Delray Beach, Florida, to-wit:
PARCEL 1
That part of the East 100 feet of the %~est 400 ~eet
the Northeast Quarter of the Southwest Quarter of the
Northeast Quarter of Section 30, Township 46 south, ~ange
43 East, Palm Beach County, Florida, i~in9 Uouth of
German=own Road.
PARCEL 2
The %~est 100 feet o~ the Northeast ~uarter of the bouun-
west Quarter of the Northeast Quarter, lying South or
Germantown Road; together with:
The East 115 feet of the East 330 feet of the £~ortnwesU
Quarter of the ~outhwest Quarter of =he Nort~east Quar-
ter, lying South of Germantown Koad; and:
The North %0 feet o~ the East 1~5 feet of the SOUthwest
Quarter of the Southwest Quarter of the Northeast Quar-
ter; an=:
The North 40 feet o~ the %~est ~ teet of the ~outheast
Quarter of the Southwest Quarter of the Northeast ~u=r-
ter;
All lying and being in ~ection 30, Township: 40 oout~,,
Range 43 East, Palm Beach County, ~-lorida.
PARCEL 3
The East 100 feet of the West 30U feet of the ~ortneasu
Quarter of the Southwesu ,2uarter of the ~ort~east %uarter
of Section 30, '£ownship 4~ South, ~an~e ~3 East, 121n~
South of Germantown koau, Palu beach ~ounty, ~ior~a.
PARCEL 4
That ~art of the East 100 feeu o~ the %,est 200 fee~
Lot 11 of i.~ODEL LANE COf.]Pa~Y'S SESDIVISI~N of t~e ~ortn-
east Quarter of iection 30, Townshl£~ 4~ boutn, mange 43
East, lying South of Germantown Road in Palm oeacn
all according to the Plat thereot on file ~n tnu ~Lrice
of the Clerk of the Circuit Court in and for ?al~ oeacn
County, Florida and recordeu ~n Plau ~oo~ ~, ~a~e ~.
PARCEL 5
That part of the East Half of the ~est Half of the ~outn-
west Quarter of the Northeast Quarter o~ Section 30,
Township 46 South, Range 43 East lying South of ~erman-
town Road and lying East of the plat of THE ENVI~ON~
1, according to the plat thereof recorded in Plat Book 43
at Page 141 of the public records of Palm Beach County,
Florida; and that part of the East Half of the Northwest
Quarter of the Northwest Quarter of the Southeast Quarter
of Section 30, Township 46 South, Range 43 East lyin~
outside former Lake Worth Drainage District Boundary ana
lying East of the said plat of THE ENVIRON}~NT 1. Less
and not including the following:
The East 115 feet of the East 330 feet of the Northwest
Quarter of the Southwest Quarter of the Northeast Quarter
lying South of Germantown Road; ann:
The East 165 feet of the East 330 feet of the Southwest
Quarter of the Southwest Quarter of the Northeast Quar-
ter; and:
The East 165 feet of the East 330 feet of the Northwest
Quarter of the Northwest Quarter of the Southeast Quarter
lying outside of the Lake %~rth Drainage District as
originally established;
All l~ing and beln~ in Section 30, Township 46 $outn,
Range 43 East, Palm Beach County, Florida.
The sub3ect property is located south of Germantown Roa~,
between Congress Avenue and $.W. 22nd Avenue.
The above-described parcel contains a 12.24 acre parcel
of land, more or less.
Section 2. That conditional use and site and development plan
approvals for the sub3ect property described in Section 1, adore, are
hereby granted sub3ect to tne following expressed conaitions:
(a) The only conditional use to be permitted l~ereun=er is as
follows:
Business offices
(b) Prior to development o~ this property and rece~ng any
building permits therefore, the sub3ect development ~s
required to meet the plattin9 requirements se~ fortn ~n
the City's Subdivision Ordinances, Chapter 24 of the ~ode
of OrGinances.
(c) That all signs anG pavement markings constructed or
erected by the developer must be in accordance with mUTCb
specifications.
(d) The drainage o~ the suU3ect pro]ect snali De maintaine~
on site or out through the storm sewer sy~ten~ an~ no
drainage w~ll be alloweu to flow over lan~ onto aabacent
property.
(e; There shall be no aumpsters, cluster ooxes, trees, snruus
or structures permitted on any easements or rights-of-way
shown on the plat.
(f) This approval is subDect to une requ~re~ent that ail
irrigation for this pro3ect shall be frown a source other
than Cit~ water, if such water is suitasle for irr~9u-
tion.
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(g) That, prior to the issuance o~ any building permits, the
developer shall submit the topographic conditions of the
subject property and for 50' off-site.
(h) That the developer shall provide thirteen (13; nandl-
capped parking spaces in the development.
(i) That, prior to the issuance of any building permits, the
location and height of ank° ~ree-standing signs shall ~e
indicated on the site plans.
(j) That the development shall discharge wastewater into Lift
Station 35A.
(k) That the height of the four story building, as deslgnate~
on the site and development plan approved in Section 3,
below, shall not exceed 57 feet.
(1) That the required number of parking spaces for the sub-
ject ~evelopment and as shown on the site and developn]ent
plan approved in Section 3, below, shall be ~u7.
(m) That, prior to the issuance of any ~uildin~ permits, an
ordinance reducing the width of the parkin% stall for
this zoning- district from 10 feet to 9 feet shall be
adopted.
(n) That the developer shall at its own expense provide le~t
turn lanes at the entrances to the pro~ect.
(o) That the developer shall at its own expense provide
easements to allow cross access between this pro3ect an~
related pro~ects as shown on the mas~er plan.
(p) That, prior to the issuance of any building permits, the
parking layout on the master plan s~all be revised and
approved to induce a greater internal trax ~ Kc ~ low
through the existin9 and proposed pro3ects to ~ongress
Avenue.
(q) That the ~eveloper shall at its sole expense construe5
left turn lane on Germantown ~oad at Congress a~enue~
construct right and left turn lanes on Congress Avenu~ at
Germantown Road and upgrade traffic signal at ~ermantown
Road and Congress Avenue. All traffic ln~proven~ents shall
be subject to approval by Palm Beach County.
( r ) That the height limi tatlo~ and the requirea ~ar~ln9
spaces approved in Subsections (K) and (1), aoove, shall
be deen~ed to be adopted pursuant to an ordinance or
ordinances subsequently adopted by the City [:,odif~in9 the
appropriate Sections o~ 30-15 of the Co~e o~ Or~l~ances
to specify that such building heights and require~ ~ark-
ing spaces shall ue e-~taollshed b~. the Cit~ Council zn
its adoption of ordinance rezonlng property to bAD.
gection 3. That the ~eveio~ument of the pro~oert~ uescrloe~ ~n
Section 1 is to be in accordance with the a~prove~ site and deveiorn,enu
plans re: Lakeside at Centre Delra~., Lelray- ~each, Fl., pre~reu L3-
Smallwood, Reynolds, Stewart, Stewart and Associates, Inc., arch~uecus,
One Pie~[~ona Center, Suite 303, 3565 Piedmont ~<o~d, atlanc=, L-a. 3~3u3,
Sheet ~os. A-1 thru A-6 and ~.-1, date~ i2-12-83; an~ pre~areu Ly Thorn-
brough and Saoold, P.a., Landscape Architects, Planners, 13~o ~.~. ~e~erai
Mighway, Suite 2lb, Boca katon, Fl. 33432, Sheet No. L--l, aauea ~-1>--~3;
and pre~are~ by O'~rlen, ~ulter & O'brien, Inc., ~.ngineer~, ~-~rve~'ors,
Land Planners, 260i N. Federal Hig'hway, Lelra3 Leach, Fl. 334~,, ~neeu
· '.'~os. S-i, S-2, ~ated 7-26-S3; all of which are incorporated o~ reference
and made a part hereof an~ upon whiCh the City nas relie~ ~n granuzn9' ti~i~
approval.
Section 4. That the time limitation of this approval pursuant
Section 30-21(E) and 30-22(E) of the Zoning Code shall be eighteen
months from the effective date of this ordinance.
~ction 5. That the Planning Director of said City shall, upon
the effective date of this ordinance chance the Zoning ~ap o~ b~ray
Beach, Florida, to conform with the provisions of Section 1, hereof.
Section 6. That any building permits issuea by the City shall be
subject to substantial construction, consisting of footings and slaDs as a
minimum, being accomplished by the developer, within 120 days of buil~in~
permit issuance, otherwise said building permits to ~ null an~ void
the absence of the aforesaid construction progress.
Section 7. That this ordinance shall become effective ten da~
after passage on second and final reading.
section S. That all ordinances or parts of ordinances in con-
flict herewith be and the same are hereb~ repealed.
PASSED AND ADOPTED in re~lar session on second and final reauln9
on this the 24th day o~ January , 19~4.
h A ~O R
ATTEST:
City Clerk
First Reading December 21~ 1983
Second Reading January 24, 1984
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