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27-82 ORDINANCE NO. 27-82 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRESENT- LY ZONED R-1AA (SINGLE FAMILY DWELLING) DISTRICT, IN PART, AND RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT, IN PART, IN SAD (SPECIAL ACTIVITIES) DISTRICT, BEING A 30.59 ACRE PARCEL OF LAND LOCATED SOUTH OF ATLANTIC AVENUE, BETWEEN CONGRESS AVENUE AND THE E-4 CANAL, SAID LAND BEING IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN' APPROVAL AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". WHEREAS, the Planning and Zoning Board, at their meeting held on December 21, 1981, recommended rezoning and placing land presently zoned R-1AA (Single Family Dwelling) District, in part, and RM-15 (Multiple Family Dwelling) District, in part, in SAD (Special Activities) District, with certain express conditions; and, WHEREAS, the City Council at its regular meeting of January 12, 1982, considered the rezoning request and 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 in the City of Delray Beach, Florida, is hereby rezoned and placed in the SAD (Special Activities) District as define~ in Chapter 30 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: A portion of the West one-half of the Southeast one- quarter of Section 18, Township 46 South, Range 43 East, being more particularly described as follows: Commence at a point on the South line of the West one-half of the Southeast one-quarter of said Section 18, at the West right-of-way line of Congress Avenue, said point being 58.07 feet Westerly of the Southeast corner of the West one-half of the Southeast one-quarter of the aforesaid Section 18; thence North along said West right-of-way line of Congress Avenue a distance of 4.27 feet to the Point of Beginning of a parcel of land hereinafter de- scribed; thence continue North along said West right-of- way line of Congress Avenue, a distance of 1,568.21 feet; thence S 72°30'23" W for a distance of 994.84 feet to a point on the centerline of an easement for Lake Worth Drainage District Canal E-4; thence S 00°42'04" E along said centerline, a distance of 1,249.26 feet; thence East for a distance of 170.57 feet; thence S 45° E for a distance of 28.28 feet; thence East for 735.97 feet to the Point of Beginning. Said lands lying and being in Palm Beach County, Florida. Containing 30.5935 acres, 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 as follows: Business and professional offices only to be located in the development. (b) Prior to development of this property and receiving any building permits therefor, the subject develop- ment is required to be platted in accozdance with the City SubdivisiOn Ordinance, Chapter 24 of the Code of Ordinances.\ ~ ! (c) That the developer ~all construct Congress Avenue as a 4-lane facility with turn lanes from Atlantic Avenue south to "Congress Park" main entrance. (d) That the developer shall construct a turn lane on Congress Avenue at both entrances to the develop- ment. (e) That the developer shall at his own expense obtain any County approval required for work on Congress Avenue. (f) That all signs and pavement markings constructed or erected by the developer must be in accordance with MUTCD specifications. (g) 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. (h) There will be no dumpsters, cluster boxes, trees, shrubs or structures permitted on any easements or rights-of-way shown on the plat. (i) 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. (j) That the developer shall provide drainage easements to Saddle Ridge (on Final Plat). (k) That the developer shall provide raw water easements along the west side of the project, when required by the City's Utility Department. (1) That the developer shall align the two driveways at Building "C", as required by the City Engineering Department. (m) That the developer shall provide the City with an easement along the south side for drainage of Con- gress Avenue. (n) That the developer shall modify the cul-de-sacs to provide a by-pass at drop-off area and to satisfy Fire Department requirements. 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: Congress Park, Delray Beach, Florida, prepared by Sanders and Roy, P.A., 550 South Federal Highway, Ft. Lauderdale, Florida 33301, Sheet .Nos. VS-1, OP-1, AL-l, SP-1, and L-l, dated 11-10-81; and as prepared by William M. Maki, P.E., 6804 N.W. 20th Avenue, Ft. Lauderdale, Florida 33309, Sheet Nos. C-1 and C-2, dated i1-10-81; and as prepared by South- eastern Architects: Engineers: Planners, Inc., 3200 N. Federal Highway, Suite 129, Boca Raton, Florida 33431, Sheet Nos. A-l, A-2, A-3, A-4 and A-5, dated 11-12-81; all of which are incorporated by reference and made a part hereof and upon which the City has expressly relied in granting this approval. - 2 - Ord. No. 27-82 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 27th day of April , 1982. ATTEST: First Reading April 13, 1982 Second Reading a~ril 27, 1982 - 3 - Ord. No. 27-82