04-80 ORDINANCE NO. 4-80
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, REPEALING ORDINANCE NO. 85-79, AND ENACT-
ING A NEW ORDINANCE ZONING AND PLACING LAND PRESENTLY IN
THE COUNTY OF PALM BEACH WITH COUNTY ZONING OF CG
(GENERAL COMMERCIAL) DISTRICT, IN THE CITY ZONING SAD
(SPECIAL ACTIVITIES DISTRICT), BEING APPROXIMATELY 3.98
ACRES, LOCATED ON THE NORTHEAST CORNER OF U.S. #1 AND EVE
STREET IN SECTION 28, TO~SHIP 46 SOUTH, RANGE 43 EAST,
AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977".
WHEREAS, the Planning and Zoning Board, at a meeting held on
November 20, 1979, unanimously recommended annexation and the zoning and
placing of land presently in the County of Palm Beach with County zoning
of CG (General Commercial) District, in the City zoning SAD (Special
Activities District); and,
WHEREAS, the City Council at the regular meeting of January 14,
1980, passed and adopted Ordinance No. 85-79, zoning and placing a parcel
of land in the SAD (Special Activities District); and,
WHEREAS, the legal description contained in said Ordinance No.
85-79, was incorrect and said ordinance must be repealed,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Ordinance No. 85-79 is hereby repealed.
Section 2. That the following described property having previ-
ously been annexed into the City of Delray Beach, Florida, is hereby zoned
and placed in the SAD (Special Activities District) as defined in Chapter
29 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit:
A parcel of land in Section 28, Township 46 South, Range
43 East, Palm Beach County, Florida, more particularly
described as follows:
Commence at the point of intersection of the East right-
of-way line of State Road No. 5 (U.S. Highway No. 1) with
the South right-of-way of Southeast 12th Street; thence
run Southwesterly along tb~ arc of a curve concave to the
Southeast having a radius of 1,850.08 feet, a central
angle of 9°42'54'' and whose chord bears S20°38'32"W for
an arc distance of 313.70 feet along said East right-of-
way line to the Point of Beginning; thence run N88°35'44"
E 505.22 feet to a point; thence run S4~11'13"E 316.34
feet to a point of intersection with the North right-of-
way of Eve Street; thence run S88~36'32"W 581.76 feet
along said North right-of-way line to a point of inter-
section with the East right-of-way line of said State
Road No. 5 (U.S. Highway No. 1); thence run Northeasterly
along the arc of a curve concave to the Southeast having
a radius of 1,850.08 feet; a central angle of 9°58'31''
and whose chord bears N10"47'49"E for an arc distance of
322.10 feet along said East right-of-way line to the
Point of Beginning.
Section 3. 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 permitted uses for which approval is hereby
granted are:
1. Financial institutions
2. Business offices
3. Professional offices
4. Restaurant
5. Cocktail lounges
6. Beauty salon and/or barbershop
!. Pharmacy
8. Florist
9. Gift, book and stationery shop
10. Photographic studio and supplies
11. Interior designer, not to exceed 3,000 sq.ft.
12. Optical center
13. Travel agency
14. Coffee shop
(b) This approval is subject to availability of water for the
subject property.
(c) That the developer omit the clean out in driveway as indi-
cated on the site and development plan, and that the water
meter be located at the south property line separate from
the fire hydrant.
(d) That deceleration lanes be provided at the entrance to the
project subject to the approval of the City Engineer and
that all driveway permits are obtained from DOT.
(e) That a six (6) foot solid fence shall be located inside and
adjacent to the east property line, and the south property
line abutting the two residential lots.
Section 4. That the development of the property described in
Section 1 is to be in accordance with the approved site and development
plans re: Old Harbor Office and Bank Facility II, Delray Beach, Florida,
prepared by Peabody and Childs Architects, Inc., Architect-Engineer-
Planner, 440 East Sample Road, Pompano Beach, Florida, 33064, under pro-
ject No. 17879, as amended by the requirements of Section 2, including
Sheet Nos. 1 - 10-8-79, SP-2 - 10-8-79, E-3 - 10-4-79, A-3e - 9-21-79,
A-4e - 9-21-79, L-5 - 10-4-79, L-3e - 10-5-79, U-6 - 10-8-79, U-7 - 10-8-79,
all of which are incorporated by reference and made a part hereof and upon
which the City has relied in granting this approval.
Section 5. That the time limitation for this approval pursuant
to Section 29-21(E) and 29-22(E) shall be thirty-six (36) months from the
effective date of this ordinance.
Section 6. 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 7. 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 llth day of February , 1980.
ATTEST: ' M A Y O ~
LEON M. WEEKES
- ~ City Clerk
First Reading January 28, 1980
Second Reading February 11. 1980
- 2 - Ord. No. 4-80
ORDINANCE NO. 5-80
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, A~NDING CHAPTER 29 "ZONING", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTIONS 29-20(C)(1) and 29-20(C)(2) TO ADD THE
TERM "INDUSTRIAL EQUIPMENT" TO THE LIST OF PROHIBITED OR
RESTRICTED MOTOR VEHICLES AND BY AMENDING THE TITLE OF
SECTION 29-20(C) TO SO REFLECT SUCH ADDITION; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, at a meeting held on November 27, 1979, the Planning and
Zoning Board unanimously recommended amending Section 29-20 of the Zoning
Code to prohibit the parking, storing and keeping of industrial equipment
in residential zoning districts; and,
WHEREAS, the City Council of the City of Delray Beach, Florida,
deems it to be in the best interests of the residents and citizens of the
City of Delray Beach to make such amendment,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 29-20(C), Motor Vehicles Prohibited or
Restricted in Residential Zoning Districts, is hereby amended to read as
follows:
(C) MOTOR VEHICLES AND EQUIPMENT PROHIBITED OR RESTRICTED IN
RESIDENTIAL ZONING DISTRICTS
(1) It shall be unlawful for any agent, operator, owner,
or person in charge of any bus, pole trailer, semi-
trailer, trailer, trailer coach, truck, er truck
trailer, or industrial equipment, as previously de-
fined, to park, store or keep such motor vehicle on
any public street, avenue, alley, or other thorough-
fare, or any right-of-way within any residential
zoning district in the City of Delray Beach, for a
period exceeding one (1) hour in any twenty-four (24)
hour period. Each such period shall commence at the
time of first stopping or parking, unless a permit is
first obtained from the Police Department.
(2) Unless otherwise provided for in this Chapter, it
shall be unlawful for the owner, agent or operator of
the motor vehicles and industrial equipment set forth
herein, or the owner of property in any residential
zoning district in the City of Delray Beach, to park
on, or cause to be parked on, or allow to be parked on
any residential property in the City of Delray Beach,
or in the streets, alleys, or parkways abutting the
property, any bus, pole trailer, semi-trailer, trailer,
trailer coach, truck e~ truck trailer, or industrial
equipment, as previously defined, for a period exceed-
ing one (1) hour in any twenty four (24) hour period.
Each such period shall commence at the time of first
stopping or parking, unless a permit is first obtained
from the Police Department, or as otherwise provided
for in this Ordinance.
Section 2. 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 3. 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 llth day of February , 1980.
M A Y 0 ~
LEON M. WEEKES
ATTEST:
City Clerk
First Reading January 28, 1980
Second Reading February 11, 1980
- 2 - Ord. No. 5-80