43-81 ORDINANCE NO. 43-81
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED
RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT, IN SAD (SPE-
CIAL ACTIVITIES) DISTRICT, BEING APPROXIMATELY 1.476
ACRES, LOCATED AT THE NORTHEAST CORNER OF U.S. ~1 AND
TROPIC ISLE 'DRIVE, SAID LAND BEING IN SECTION 32, TOWN-
SHIP 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 the meeting held on May
18, 1981, unanimously recommended rezoning and placing land presently
zoned RM-10 (Multiple Family Dwelling) District in SAD (Special Ac-
tivities) District; and,
WHEREAS, the City Council at its regular meeting of May 26, 1981,
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' defined in Chapter 30 of th~ Code of Ordinances of
the City of Delray Beach to-wit:
That portion of "TROPIC ISLE HARBOR SHOPPING CENTER", as
recorded in Plat Book 25, page 77, of the public records
of Palm Beach County, Florida, described as fol-
lows: Beginning at the northwest corner, of said plat;
thence, on an assumed bearing of South 89°41'03" East
along the north line of said plat, said line also being
the north line of Section 32, Township 46 South, Range 43
East, a distance of 225 feet; thence, South 279.18 feet
to the north right-of-way line of Tropic Isle Drive as
shown on said plat; thence, West along said north
right-of-way line a distance of 86.14 feet to a point of
curvature; thence, northwesterly along said north
right-of-way line and along the arc of a curve to the
right, having a radius of 222.96 feet and a central angle
of 49°06'38", an arc distance of 191.11 feet to a point
on the east right-of-way line of State Road No. 5 (also
known as U.S. Highway No. 1) as shown on said plat;
thence, North 8°18'22" East along said east right-of-way
line a distance of 205.57 feet to the Point of Beginning.
Section 2. That conditional use and site and development plan
approvals for the subject property described above are hereby granted sub-
ject to the following expressed conditions:
(a) The only conditional uses to be permitted here-
under are as follows:
(1) Bath Accessories
(2) Boutique
(3) Hair Dresser
(4) Professional Offices (Law, accounting, real
e~ate, ect.)
(5) S~vings and Loan
(6) Village Market (not a 7-11 type)
(b) Prior to development of this property and receiv-
ing any building permits therefor, the subject
development is required to be replatted in
accordance with the City Subdivision Ordinance,
.Chapter 24 of the Code of Ordinances.
(¢) The developer shall construct a sidewalk along
Tropic Isle Drive.
(d) Prior to the issuance of any building permits
the developer shall provide right-of-way for
Frederick Boulevard.
(e) The developer shall construct a median opening -in Tropic Isle Drive.
(f) The access from Federal ~ighway shall be one
way, ingress only. The final design of this
entrance shall be determined by Florida Depart-
ment of Transportation.
(g) 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.
(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 approvel 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 cut back the median on
Tropic Isle Drive to allow for a left turn lane
into the site.
(k) That the finish on the six foot masonry wall be
the same as the finish on the buildings, and
that greenery, such as a vine, be put on the
wall to conform to the Landscape Ordinance.
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: Pelican ~arbor ~ Shoppes, Delray Beach, Florida prepared by
Robert G. Cuttle, A.I.A, P.A., Architects-Planners, 900 East Atlantic
Avenue, Delray Beach, Florida 33444, Sheets Nos. 1, 2, 3, and 4, 4/14/
1981, 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 twelve (12)
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.
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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 23rd day of June , 1981.
MAYO~R
ATTEST: LEON M. WEEKES
First Reading June 9, 1981
Second Reading June 23, 1981
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