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83-82 ORDINANCE NO. 83-82 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRE- SENTLY ZONED AR (AGRICULTURAL) UNDER COUNTY ZONING REGU- LATIONS, IN THE CITY ZONING SAD (SPECIAL ACTIVITIES DISTRICT), BEING 15.1 ACRES, LOCATED SOUTH OF G~RMANTOWN ROAD, BETWEEN CONGRESS AVENUE AND S.W. 22ND AVENUE IN SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST~ GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL AND AMENDING 'ZOI~ING MA~ OF DELRAY BEACH, FLORIDA 1977'. WHEREAS, the City Council at its regular meeting of October 12, 1982, considered the annexation and the zoning and 91acing of land pre- sently in the County of Palm Beach with County zoning of AR (Agricultural) District, in the City zoning SAD (Special Activities District) ~ and, WHEREAS, the City Council has determined that such changes 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 upon annexation into the City of Delray Beach, Florida, is hereby zoned and placed in the SAD (Special Activities District) as defined in Chapter 30 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit= A parcel of land lying in the Northeast quarter (NE%) of Section 30, Township 46 South, Range 43 East, Palm Beach County, Florida, said parcel being more particularly described as follows= Commence at the Northeast. corner of said Section 30~ thence Westerly, along the North line of said Section 30, 569.52 feet to the West right of way line of S.A.L. Railroad~ thence Southerly, forming an angle of 89°48t47' as measured fro~ East to South, along said West right of way line, 989.3? feet to the intersection with the East- erly prolongation of the South right of way line of Germantown Road~ thence Westerly, forming an angle of 110°35t30' as measured from North to West, along the said Easterly prolongation, 562.62 feet to a line 53.0 feet West of and parallel with the centerline of Congress Avenue~ thence continue Westerly, along the said South right of way line of Germantown Road, 560.12 feet to a line 400 feet East of and parallel with the West line of the Northeast Quarter (NE%) of the Southwe st Quarter (SW%) of the Northeast Quarter (NE%) of said Section 30~ thence Southerly, forming an angle of 109°56 ~ 52' as measured from East to South, along said parallel line, 510.65 feet to a line 480 feet South of, as measured at right angles, and parallel with the said South right of way-line of Germantown Road to the Point of Beginning~ thence Easterly, forming an angle ?0°03~08' as measured from North to East, 554.01 to the said line 53.0 feet West of. and parallel with the centerline of Congress Avenue~ thence Southerly, forming an angle of 69~24~30' as measured from West to South, along said 9arallel line 397.51 feet to an intersection with the Easterly bound- aryline of the Lake Worth Drainage District~ thence Southwesterly, forming an angle of 129~19~46" as measured from North to Southwest, along the said boundary of the Lake Worth Drainage District, a distance of 895.?2 feet to an intersection with the South line of the said North- east ~uarter (NE%) of Section 30~ thence Westerly, form- ing an angle of 141°11t30" as measured from Northeasterly thru North to West, along said South line of the North- east quarter of Section 30, a distance 117.52 feet to the Southeast corner of the West 100 feet of the Southeast Quarter (SE%) of the Southwest quarter (SW~) of the Northeast quarter (NE%) of said Section 30~ thence North- erly, forming an angle of 90°07~22' as measured from East to North and along the East line of the Said West 100 feet, a distance 666.40 feet to the Northeast corner of the said West 100 feet of the Southeast quarter (SE%) of the Southwest quarter (SW%) of the Northeast quarter (NE%) of Section 30~ thence Easterly, forming an angle of 89°39~35' as measured from South to East and along the North line of the said Southeast quarter (SE~) of the Southwest quarter (SW%} of the Northeast quarter (NE%) of Section 30 a distance of 300 feet to an intersection with the said line 400 feet East of and parallel with the West line of the Northeast quarter (NE%} of the Southwest quarter (SW%) of the Northeast quarter (NE%) of Section 30~ thence Northerly, forming an angle of 89~39~35" as measured fro~ West to North, and along said parallel line, a distance of 103.46 feet to the Point of Begin- ning. The West 100. feet of the Southeast Quarter (SE%) of the Southwest Quarter (SW~) of the Northeast Quarter (NE%) of Section 30, Township 46 South, Range 43 East, Palm Beach County, Florida, less the North 40 feet of the West 60 feet thereof. AND The East 165 feet of the Southwest Quarter (SW%) of the Southwest Quarter ('SW~) of the Northeast Quarter (NE~) of Section 30, Township 46 South, Range 43 East, Palm Beach County, Florida, less the North. 40 feet thereof. AND That ~art of the East 165 feet of the Northwest Quarter (NW%) of the Northwest Quarter (NW%) of the Southeast Quarter (SE~) of Section 30, Township 46 South, Range 43 East, Palm Beach County, Florida lying outside of the Lake Worth Drainage District as originally established. The subject property is located south of Germantown Road, between Congress Avenue and S.W. 22nd Avenue. The above-described parcel contains a 15.1 acre parcel of I and. Section 2. That conditional use and site and development plan approvals for the subject property described above are hereby granted subject to the following expressed conditions= (a)The only conditional uses to be permitted hereunder are as follows.- (1) an office development (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. - 2 - Ord. No. 83-82 (c} 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 on adjacent property. (d) There will be no dumpsters, cluster boxes, trees, shrubs or structures permitted on any easements or rights-of-way shown on the plat. (e) That all signs and pavement markings constructed or erected by the owner must be in accordance with MUTCD specifications. (f)Developer shall construct turn lanes on Congress Avenue to meet County requirements'. (g)That the existing trees shall be retained on site unless grade changes make this impossible. Section 3. That the development of ~he property described in Section i is to be in accordance with the approved site and development plans re= The Terraces At Centre Delray, Delray Beach, Florida, prepared by Smallwood, Reynolds, Stewart, Stewart and Associates, Inc., Architects, One Piedmont Center, Suite 303, 3565 Piedmont Road, Atlanta, Georgia 30305, Sheet Nos. 2, 3, 4 and 5 dated August 23, 1982, and Sheet No. L~I dated August 23, 1982; and prepared by Consulting Engineering and Science, Inc., 9300 South Dadeland Blvd., Suite 200, Miami, Florida 33156, Sheets Nos. C-2, C-3, and C-4 dated August 23, 1982 and sheet No. C-1 dated AugUst 23, 1982 with last revision of September 15, 1982. 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. regu.lar session on second and final reading on this the 23rd day of November , 1982. ATTEST: City Clerk First Reading October 2.6 r 1982 Second Reading November 23, 1982 - 3 - Ord. No. 83-82