81-81 ORDINANCE NO. 81-81
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING ORDINANCE NO. 17-79 BY AMENDING
SECTION 3 TO INCLUDE ADDITIONAL SITE AND DEVELOPMENT
PLANS WITH WHICH CONSTRUCTION MUST BE IN ACCORDANCE;
AMENDING SECTION 4 TO INCREASE THE TIME LIMITATION OF THE
APPROVAL FROM THIRTY (30) MONTHS TO THIRTY-SIX (36)
MONTHS; 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 Ordinance No. 17-79, Section 3 is hereby amended
to read as follows:
Section 3. That the development of property described
in Section 1 is to be in accordance with the approved site
and development plan re-. "Old Harbor Plaza", Delray Beach,
Florida, prepared by Peabody and Childs Architects, Inc.,
Architect-Engineer-Planner, 543 N.H. 28th Court, Pompano
Beach, Florida, 33064, under Project No. 18178, including
sheets B-SP B-EL-9 & 10, B-LP-1, and B-LP-2, and also in
accordance with the approved site and development plans re:
"Gulfstream Bank Drive-In Facility - Old Harbor Executive
Center", Delray Beach, Florida, prepared by McCall & Lynch,
Architects & Planners, 311 E. Palmetto Park Road, Boca
Raton, Florida, 33432 including sheet 1 of 4 dated November
18, 1980 with revisions June 9, 1981 and June 22, 1981, and
sheets 2, 3 and 4 of 4 dated June 8, 1981 with revision June
22, 1981, all of which are hereby incorporated by reference
and made a part hereof and upon which the City has relied in
granting this approval; provided, however, that with regard
to the Gulfstream Bank Drive-In Facility, in the event of
any conflict between the Peabody and Childs plans and the
McCall & Lynch plans, the McCall & Lynch plans are to be
followed.
Section 2. That Ordinance No. 17-79, Section 4 is hereby amended
to read as follows:
Section 4. That the time limitation for this approval
pursuant to Section 29-21(E) and Section 29-22(E) shall be
~&~y %~+ thirty-six (36) months from the effective date
of this Ordinance. In considering any extension of this
time limitation the 25% of the total cost of improvement
criteria contained in 29-21(E) (1) and 29-22(E)(1) shall be
applied to the total new improvements being proposed in
regard to this application rather than any existing improve-
ments.
Section 3. 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 the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 4. 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 12th day of January , 1982.
ATTEST:
City Clerk
First Reading December 8, 1981
Second Reading January 12, 1982
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