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06-81 ORDINANCE NO. 6-81 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRESENTLY ZONED CG (GENERAL COMMERCIAL) DISTRICT UNDER COUNTY ZONING REGULATIONS, IN THE CITY ZONING SAD (SPECIAL ACTIVITIES) DISTRICT, BEING APPROXIMATELY 2.03 ACRES, LOCATED ON THE WEST SIDE OF U.S.#i, BETWEEN LINTON BOULEVARD AND S.E. 10TH STREET IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". WHEREAS, the City Council at its regular meeting of October 14, 1980, considered the annexation and the zoning and placing of land pre- sently in the County of Palm Beach with County zoning of CG (General Com- mercial) 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: All of the South half (S½) of the Northwest quarter (NW¼) of the Northeast quarter (NE%) of the Southwest quarter (SW%) of Section 21, Township 46 South, Range 43 East, in Palm Beach County, Florida, less and excepting therefrom right-of-way for U.S. High- way No. 1 (formerly State Road No. 5) as described in Right-of- Way Deed dated June 9, 1955, recorded in Deed Book 1100, Page 165, and right-of-way for U.S. Highway No. 1 as described in Right-of-Way Deed dated November 1, 1960, recorded in Official Record Book 568, Page 288, Palm Beach County, Florida, Public Records. (Excluding any portion of subject parcel lying East of right-of-way of U.S. Highway No. 1). The above described premises are more particularly bounded and described as follows: Beginning at an iron pipe in the West line of U.S. No. 1, (formerly State Road No. 5), 'being also in the North line of Tract 1, LAMBERT TRAILER COURT, according to the Plat thereof, recorded in Plat Book 22, Page 41, Public Records of Palm Beach County, Florida; thence in a Southwesterly direc- tion 239.38 feet along the North line of Tract 1 to a pipe; thence Northwesterly at an interior angle of 89°12'44", 330.96 feet to a concrete monument; thence Northeasterly.at an interior angle of 90°41'48", 289.61 feet to an iron pipe in the West line of said road; thence Southeasterly on a curve to the right having a radius of 2836.93', and arc length of 335.35' along the West line of said highway to the place of beginning. Being the same premises described in a deed to O.A. Sutton from Southern Federal Savings and Loan Association of Broward County, recorded in the Public Records of Palm Beach County, Florida concurrently here- with. 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) Accountants (2) Attorneys (3) Architects (4) Certified Appraisers (5) Dentists (6) Engineers (7) Laboratories (as accessory use to Dental or Physi- cians office) (8) Land Planners (9) Opticians (b) Prior to development of this property and receiving any building permits therefor, the subject development is re- quired to be platted in accordance with the City Subdivision Ordinance, Chapter 24 of the Code of Ordinances. (c) That the drainage of the subject project shall be maintained on site or out through the storm sewer system and no drain- age 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) There currently is not sewerage treatment and disposal capacity available to serve this project. Therefore, the applicant will not be permitted to connect to the City's sewer system until sufficient additional treatment and disposal capacity is developed sufficient to service the project after reserving capacity to completely service the following: (1) all property within the City of Delray Beach which has received development approval prior to this pro- ject development approval contained herein; (2) other poten- tial users of the City's sewer system located outside the City limits to which the City has committed prior to the date of this development approval. Section 3. That the development of the property described in Section i is to be in accordance with the approved site and development plans re: Professional Office Plaza for Acquilano, Delray Beach, Florida, prepared by Alexander A. Gartner Architects, 2121 N. Ocean Boulevard, Boca Raton, Florida 33431, Sheet Nos. A-i, 8-29-80; AL-i, 8-29-80; E-2, 7-14-80; E-3, 3-18-80; A-2, 5-6-80; A-3, 5'6-80; A-4, 5-6-80; A-5, 5-6-80; A-6~ 5-6-80; A-7, 5-6-80; E-i, 5-6-80; AC-l, 5-6-80, all of which are incorporated by reference and made a part hereof and upon which the City has relied in granting this approval. Section 4. 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 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 this Ordinance shall become effective ten (10) days after passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 10th day of March , 1981. ATTEST: LEON M. WEEKES Clerk First Reading February 10, 1981 Second Reading March 10, 1981 - 2 - Ord. No. 6-81