10-82 ORDINANCE NO.. 10-$Z
AN ORDINANCE.. OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 16-79,
BY AMENDING SECTION 3 OF SAID ORDINANCE.. TO PROVIDE
FOR APPROVAl... OF A MODIFICATION OF THE DEVELOPMENT
PLANS FOR~ THE; GAS: STATION SITE ~/ITHIN THE SUB3ECT
SPECIAL ACTIVITIES DISTRICT PROSECT; PROVIDING FOR' ADDI-
TIONAL PHYSICAL SITIK MODIFICATIONS RELATIVE TO TRAFFIC
FLOW;' PROVIDING FOR CONDITIONS PRECEDENT TO THE
EFFECTIVENESS' OF: THIS-ORDINANCE;' PROVIDING A SAVING
CLAUSE;: PROVIDING AN EFFECTIVE DATE.
WHEREAS,, the City Council of: the City of Delray Beach,. Florida,. deems, it- to be. in' the
best interes'~s~ of the- citizens~, of the- City of Delray Beach, Florida~ to permit a. modification in' the
development o~ the gas station' site at the- special activities- district project known as "Old. Harbor
Plaza".
NOW--, THEREFORE,. Bi~ IT ORDAINED BY THF.. CITY COUNCIL OF THE CITY OF
DELRAY BEACH',. FLORIDAr AS FOLLOWS.'
Sectiort 1- That Sectiorr 3 of Ordinance- No. 16-79. is~ hereby amended to read as~ follows;
Section- 3.. That the development ot property described herein is to be in accordance-
witl~ the- approved' site and development plane ret "Old Harbor Plaza", Delray Beach~
Florida~ prepared-by Peabody and Childs. Architects, Inc.,. Architec'c - Engineer - Planner,.
593 N.E. 28th Court,, Pompano Beach,. Florida. 3306~, under Project No. 18178, including'
sheetsr A-SP~ ABC-FP, A-EL-I ~c 2,. A-EL- 3 ~c q, A-EL-5 & 6, A-EL-7 dc g, A-SIGNS,
LP,I,-A-LP~2,~ except a~-.to .th.e ~as~ station' site- in the- .subject- project, which shall be
developed in accordance with the site and development plans re.- Gasoline o Self-serve-
and Mini-store at Old Harbqr plaza., Knight Enterprise% prepared by B dc M Construction-
Company~ Inc,~ P. O. Box ..~g68) Lakel.and~ Florid%' 33803, under Proj,e~t. No. BM-71%
dated AuRust 18~ 1981~ on said plan~ all oi '::h~.ch art ?--r:b7 the- above being, hereby
incorporated by reference and made~ part hereof and upon which the City has reliecL in
granting this approval. Provided .that' in conjunction with the development of the.
station site~ and as a modification to the above plans~ that an additional seven (7) feet
pavement be placed along the southwest ed{~ oi .the. gas station sit% and that a twenty-
five (2§) toot radius be used for both sides of the drivewa, y on Linton Boulevard is
required. Provided further that Old Harbor' Ltd./Knight Enterprises or an). of their
a~ents~ assisns or lessees shall not dispense-conve, n. ience/~rocery items trom the mini-
store as is indicated on said plans or make use of the buildin{~ as such a convenience/
mini store~
Section 2.. That' as an express condition, to the e2tectiveness of this Ordinance, the
developer, Old Harbor Ltd., shall withdraw any administrative appeals now pending regarding the gas
station site, and that Old Harbor Ltd. execute a hold harmless and indemnification agreement
releasing the City and its officials irom any and aH liability which has arisen or may in the future-
arise of the- issuanc~ of Building: Permit No.. 7782,. the- stop work order, and the- passage- of this
Ordinance;.
Se.~ion 3.. That should any section or provision o2 this Ordinance or any portion thereof',
any paragraph, sentence, or work be-declared by a Court o2 competent jurisdiction to be invalid,
such decision shall not a.i2ect the validity of the remainder hereof as a whole or part thereoi other
than the part declared to be' invalid.
Section- g. That this Ordinance shaLL become e2iective- immediately after its passage on'
second and iinal reading, except that the provision contained in Section I is hereby also made
retroactive to April ~, 1979.
PASSED' AND ADOPTED in reguJa~ session, on second and fina/ reading on' this~ th~
9th' day of February, tgg2~, ~/~/ l
'M A Y-O-R
LEON M. '~EEKES
ATTEST:
First Reading Januam-lr 2_6, 1982~
Second Read~n~ FebL-da~ ~, 19821
2 ORD. NO. 10-82