49-82 ORDINANCE NO. 49-82
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING ORDINANCE NO. 45-79 BY REPEALING
SECTION 2 AND ENACTING A NEW SECTION 2 RELATING TO CONDI-
TIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL, SUB-
JECT TO CERTAIN EXPRESSED CONDITIONS, AND TO REVISE THE
APPROVED PERMITTED USES FOR THE PROJECT; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 2 of Ordinance No. 45-79 relating to
condlt~onal use and site plan approval is hereby repealed.
Section 2. That conditional use and site and development plan
approvals for the subject property described in Section 1 of Ordinance
45-79 are hereby granted subject to the following expressed conditions:
(a) The only permitted uses for which approval is hereby granted
are:
(1) Art galleries, supplies, and crafts
(2) Bakeries, small scale
(3) Barber shops
(4) Bath shops
(5) Beauty salons
(6) Book stores
(7) Business offices
(8) Carpets and floor coverings
(9) Cheese'shops
(10) Delicatessens
(11) Department stores
(12) Draperies and slip covers
(13) Drug stores
(14) Dry cleaning - pick up stations
(15) Radio, TV, stereo equipment
(16) Financial institutions, including drive-in facil-
ities
(17) Florists
(18) Food stores
(19) Gift shops
(20) Hardware stores
(21) Health foods
(22) Hearing aids
(23) Hobby shops
(24) Home furnishings
(25) Inter,or decorator shops
(26) Jewelers
(27) Luggage
(28) Medical and surgical equipment
(29) Movie Theater, subject to the provision of parking
at one space per three seats with remaining parking
calculated at 5.28 spaces per thousand square feet
of total floor area; total spaces on site shall be
no less than 520
(30) Optical equipment
(31) Package liquor stores
(32) Photographic equipment and supplies
(33) Photographic studios
(34) Professional offices
(35) Restaurants
(36) Sewing supplies
(37) Sporting goods
(38) Stationery
(39) Tailoring
(40) Tobacconist
(41) Toy shops
(42) Wearing apparel/accessories - for men, women and
children
(b) 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.
(c) That the developer shall construct Congress Avenue
as a 4-lane facility with turn lanes from Atlantic
Avenue south to "Congress Square" main entrance.
(d) That all signs and pavement markings constructed or
erected by the developer must be in accordance with
MUTCD specifications.
(e) 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.
(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 provide sidewalks on Con-
gress Avenue and Atlantic Avenue to serve the
development.
(i) That all trees, plants and other vegetation which
are to be removed or placed upon the subject pro-
perty shall be subject to the approval of the City
Horticulturist in accordance with accepted horti-
cultural practices.
(j) That the south wall of the retail center be con-
structed in accordance with the perspective at
Sheet 2 dated June 10, 1982.
(k) That the development of the property described in
Ordinance No. 45-79 is to be in accordance with the
approved site and development plans re: Congress
Square, Delray Beach, Florida, prepared by Robert
G. Currie, A.I.A., P.A., 355 N.E. 5th Avenue, Suite
6, Delray Beach, Florida 33444, Sheet 1 dated April
1982 and Sheet 2 dated June 10, 1982; and prepared
by Arthur V. Strock and Associates, Inc., 269 S.E.
5th Avenue, Delray Beach, Florida 33444, Sheets 1
and 2 dated June 11, 1982; all of which are incor-
porated by reference and made a part hereof and upon
which the City has relied in granting this approv-
al.
- 2 - Ord. No. 49-82
(1) That the time limitation for this approval pursuant
to Sections 30-21(E) and 30-22(E) of the Zoning
Code shall be eighteen (18) months from the effec-
tive date of this ordinance.
Section 3. 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 an the absence of the aforesaid construction progress.
Section 4. That should any section or provision of this ordi-
nance or any portion thereof, any paragraph, sentence, or word be declared
by a Court of competent jurisdiction to be invalid, such decision shall
not affect tile validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 5. 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 ~%is the '10th day of August , 1982.
ATTEST:
City Clerk
Fzrst Reading July 27, 1982
Second Reading August 10, 1982
- 3 - Ord. No. 49-82