44-81 ORDINANCE NO. 44-81
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRES-
ENTLY ZONED LI (LIGHT INDUSTRIAL) DISTRICT, IN SAD (SPE-
CIAL ACTIVITIES) DISTRICT, BEING A FIVE (5) ACRE PARCEL
OF LAND LOCATED SOUTH OF LINTON BOULEVARD, BETWEEN
CONGRESS AVENUE AND THE SAL RAILROAD, SAID LAND BEING IN
SECTION 30, TOWNSHIP 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
April 27, 1981, recommended rezoning and placing land presently zoned LI
(Light Industrial) District in SAD (Special Activities) District; and,
WHEREAS, the City Council at its regular meeting of May 12, 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 the Code of Ordinances of
the City of Delray Beach, Florida, to-wit:
TRACT 1:
A parcel of land in the Northeast Quarter (NE%) of Sec-
tion 30, Township 46 South, Range 43 East, Palm Beach
County, Florida, described as follows:
The Germantown Road Right-of-Way between Congress Avenue
and the S.A.L. Railroad Right-of-Way.
TRACT 2:
A parcel of land in the Northeast Quarter (NE%) of Sec-
tion 30, Township 46 South, Range 43 East, Palm Beach
County, Florida, described as follows:
The East 402.00 feet of that part of the North half (N½)
of the said Northeast quarter (NE~) of Section 30 lying
West of the S.A.L. Railroad, less that portion North of
the South right-of-way line of Germantown Road and less
the right-of-way for Congress Avenue.
The above-described parcel contains a 2.391 acre parcel
of land.
TRACT 3:
A parcel of land in Section 30, Township 46 South, Range
43 East, Palm Beach County, Florida, being more par-
ticularly described as follows:
Beginning at the intersection of the North line of the
Southeast Quarter (SE%) of the Northeast Quarter (NE¼) of
said Section 30 and the East Right-of-Way line of Con-
gress Avenue, said East Right-of-Way being 402.00 feet
West of, as measured at right angles, and parallel with
the West Right-of-Way line of the Seaboard Air Line
Railway; thence South 0°12'10'' East, (assumed) along the
said East Right-of-Way line of Congress Avenue 200.00
feet; thence North 89° 37' 34" East and parallel with the
said North line of the Southeast Quarter (SE~) of the
Northeast Quarter (NE%) 402.00 feet to the said West
Right-of-Way line of the Seaboard Air Line Railroad;
thence North 0°12'10" West along said Right-of-Way line,
200.00 feet to the said North Line of Southeast Quarter
(SE~) of the Northeast Quarter (NE%); thence South
89°37'34" West., along said North line, 402.00 feet to
the Point of Beginning aforedescribed.
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 use to be permitted here-
under is as follows:
An office development in one, four story build-
ing.
(b) Prior to development of-this property and receiv-
ing any building permits therefor, the subject
development is required to be platted in ac-
cordance with the City Subdivision Ordinance,
Chapter 24 of the Code of Ordinances.
(c) The elimination of five (5) parking spaces at
the northwest corner of the property.
(d) The developer shall construct pavement markings
at the main entrance to reflect 13' entrance
lane, 11' left turn exit lane and 12' right turn
exit lane.
(e) Developer shall construct a 3-lane section on
Congress Avenue to provide an additional lane
for left turns and which 3-lane section shall
extend from the north property line south to the
southernmost driveway.
'(f) Developer shall construct a 4-lane section on
Congress Avenue in conjunction with the County's
plan to widen Linton Boulevard and upgrade the
intersection at Congress Avenue. The design and
timing of the 4-lane construction to be coor-
dinated with Palm Beach County.
(g) Prior to the issuance of any building permits,
the developer shall dedicate 7 additional feet
of right-of-way for Congress Avenue, totaling 60
feet from centerline.
(h) A bike path shall be constructed along Congress
Avenue by the developer.
(i) Prior to the issuance of any building permits,
the developer shall be required to enter into an
agreement with the City to pay a fee covering
off-site road improvements made necessary by the
addition of this new population to the City's
road system.
(j) 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.
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'(k) There will be no dumpsters, cluster boxes,
trees, shrubs or structures permitted on any
easements or rights-of-way shown on the plat.
(1) 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.
(m) That the existing trees shall be retained,
relocated and used on the site in designated
landscape areas.
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: The Gardens at Centre Delray, Delray Beach, Florida, prepared
by Smallwood, Reynolds, Stewart and Stewart and Associates, Inc., Ar-
chitects, 1 Piedmont Center, Suite 303, 3565 Piedmont Road, Atlanta,
Georgia 30305, Sheets Nos. A, B, C, D, 2-26-81~ Sheets Nos. 1, 2, 3, 4,
2-23-81, 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 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 t.o 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 t 1981.
MAYOR
LEON M. WEEKES
ATTEST:
First Reading .7,~n~ 9, 19R1
Second Reading Ju.n.e .23 ~ 1981
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