28-82 ORDINANCE NO. 28-82
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, CHANGING THE CITY'S LAND USE DESIGNATION
IN THE COMPREHENSIVE PLAN FOR THE SUBJECT PROPERTY FROM SF
SINGLE FAMILY TO PRD-4 PLANNED RESIDENTIAL (4 UNITS/ ACRE)
AND REZONING THE SUBJECT PROPERTY FROM R-1AA (SINGLE
FAMILY DWELLING) DISTRICT TO PRD-4 (PLANNED RESIDENTIAL)
DISTRICT, SAID PROPERTY BEING IN SECTIONS 18 AND 19,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH PROPERTY IS MORE
PARTICULARLY DESCRIBED IN THIS ORDINANCE, AND IS LOCATED
SOUTH OF ATLANTIC AVENUE, BETWEEN CONGRESS AVENUE AND THE
E-4 CANAL, GRANTING SITE AND DEVELOPMENT PLAN APPROVAL AND
AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977".
WHEREAS, the Planning and Zoning Board at its meeting held on
December 21, 1981, unanimously recommended that the City's Land Use Plan
designation in the Comprehensive Plan, for the subject property be changed
from SF Single Family to PRD-4 Planned Residential (4 units/acre); that
the property be rezoned from R-1AA (Single Family Dwelling) District to
PRD-4 (Planned Residential)' District and that site and development plans
for the project be approved; and,
WHEREAS, the City Council at its regular meeting of January 12,
1982, considered the recommendation of the .Planning and Zoning Board 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 legal description of the subject property is
as follows:
A portion of Section 18 and Section 19, Township 46
South, Range 43 East, Palm Beach County, Florida, being
more particularly described as follows: Begin at the
Northeast corner of the South one-half of the Northwest
one-quarter of the Northeast one-quarter of said Section
19, said Point also being the Point of Beginning and also
being the Northwest corner of Lot 24, Block 2, as shown
on the plat of Golf Park as recorded in Plat Book 26 at
Page 141 of the Public Records of Palm Beach County,
Florida; thence S 00°06'08" E, along the East line of the
aforesaid South one-half of the Northwest one-quarter of
the Northeast one-quarter of Section 19 for a distance of
296.71 feet; thence S 89°20'32" W and parallel with the
North. line of the aforesaid South one-half of the North-
west one-quarter of the Northeast one-quarter of Section
19 for a distance of 390.70 feet; thence S 53"40'36" W
for a distance of 362.84 feet; thence S 89"20'32" W and
parallel with the aforementioned North line of the South
one-half of the Northwest one-quarter of the Northeast
one-quarter of Section 19 for a distance of 306.85 feet
to the-centerline of an easement for Lake Worth Drainage
Canal E-4; thence N 00~09'23" W along said centerline for
a distance of 1.09 feet; thence N 00"09'26" E along said
~i centerline for a distance of 757.85 feet; thence N 00°42'
04" W along said centerline for a distance of 455.08
feet; thence East for a distance of 170.57 feet; thence S
45~ E for a distance of 28.28 feet; thence East for a
distance of 760.97 feet to a point on the West right-of-
way of Congress Avenue; thence South along said West ~
.~ right-of-way for a distance of 94.35 feet to the Point of ~
~. Curvature of a circular curve to the left, having for its
elements a radius of 1094.74 feet and a central angle of
29°34'43"; thence Southerly and Westerly along the arc of
said curve, and along said West right-of-way line for an
arc distance of 565.15 feet to the Point of Tangency;
thence S 29°34'43" E along said West right-of-way line
for a distance of 44.16 feet to the intersection with the
North line of Lot 25, Block 2 as shown on the Plat of
'Golf Park as recorded in Plat Book 26 at Page 141 of the
Public Records of Palm Beach County, Florida; thence S
89"20'32'' W along the North line of said Lots 24 and 25
for a distance of 105.22 feet to the Point of Beginning.
Said lands lying and being in Palm Beach County, Florida.
Containing 24.25 acres more or less.
Section 2. That the Land Use Plan designation of the subject
property as described in Section 1, above, in the City's Comprehensive
Plan adopted by Ordinance No. 65-79, is hereby changed to PRD-4 Planned
Residential District (4 units/acre).
Section 3. That the property described in Section 1, above, is
hereby rezoned and placed in PRD-4 (Planned Residential) District, as
defined in Chapter 30 "Zoning" of the code of Ordinances of the City of
Delray Beach, Florida.
Section 4. That site and development plan approval for the
subject property described above is hereby granted subject to the fol-
lowing expressed conditions:
(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 the developer at his own expense shall obtain
any County approval for the work on Congress Avenue.
(c) That the developer shall contruct right and left turn
lanes on the development's Congress Avenue entrance.
(d) That signs and pavement markings constructed or
erected by the developer must be in accordance with
MUTCD specifications.
(e) That the drainage of the subject project shall be
maintained on site or out through the storm sewer
system and no drainage will be allowed to flow over
land onto adjacent property.
(f) There will be no dumpsters, cluster boxes, trees,
shrubs, or structures permitted on any easements or
rights-of-way shown on the plat.
(g) 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.
(h) That the developer shall comply with the requirements
for park and land dedication or in lieu payments per
dwelling unit in accordance with Chapter 24 and
Chapter 30 of the Code of Ordinances.
(i) That the developer shall provide raw water easements
along the west side of the project, when required by
the City's Utility Department.
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Section 5. That the time limitation for 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 6. That the Planning Director of said City shall, upon
the effective date of this ordinance change the Land Use Plan and Zoning
Map of Delray Beach, Florida, to conform with the provisions hereof.
Section 7. 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 8. 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 llth day of May , 1982.
ATTEST:
First Reading April 13~ 1982
Second Reading May 11, 1982
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