16-79 ORDINANCE NO. 16-79
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY
ZONED RM-15 DISTRICT, IN SAD (SPECIAL ACTIVITIES) DIS-
TRICT, BEING APPROXIMATELY 6.59 ACRES LOCATED ON THE
NORTHEAST CORNER OF THE INTERSECTION OF THE NORTH LANE
OF U.S. HIGHWAY NO. 1, AND LINTON BOULEVARD EAST EXTEN-
SION BEING IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43
EAST, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA,
1977".
WHEREAS, the Planning and Zoning Board at the meeting held on
December 19, 1978, unanimoualy recommended rezoning and placing land
presently zoned RM-15 District, in SAD (Special Activities) District;
and,
WHEREAS, the City Council at its regular meeting of January 15,
1979, considered the rezoning requested 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 29 of the Code of
Ordinances of the City of Delray Beach, Florida, to-wit:
A portion of Lot 8, Block !, MODEL LAND COMPANY'S MAP
OF SECTION 21, TWP 46S, RGE 43E, according to the plat
thereof recorded in Plat Book 1, Page 128 of the Public
Records of Palm Beach County, Florida, being more
particularly described as follows:
Commencing at ~he Southwest corner of said Section 21;
thence run N89v47'57"E 656.53 feet along the South line
of said Section 21 to a point of intersection with the
East right-of-way line of U.S. Highway No. 1 (S.R. No. 5),
said point also being a point on a curve concave to the
Southeast having for its elements a radius of 1850.08
O ~ ~
feet, a central angle of 1 52 01 and whose~chord bears
N28°14'55"E; thence run northeasterly 60.28 feet along
the arc of said curve and along said East right-of-way
line to th~ Point of Beginning, said point also being a
point of intersection with the North right-of-way line
of S.E. 12th Street; thence run N89°47'57"E 658.85 feet
along said North right-of-way line, to a point; thence
run N0°12'03"W 612.50 feet to a point of intersection
with the westerly extension of the North line of Lot 31,
Block 2, of said MODEL LAND COMPANY'S MAP OF SECTION 21,
TWP 46S, RGE 43E; thence run N89°52'04"W 274.52 feet
along said westerly extension to a point of intersection
with-said East right-of-way line; thence run S32°01'09"W
632.87 feet along said East right-of-way line to a point
of curvature of a curve concave to the southeast, having
for its elements a radius of 1850.08 feet, a central angle
of 2°50'14'', and whose chord bears S30°36'03"W; thence
run southwesterly 91.61 feet along the arc of said curve
and along East right-of-way line to the Point of Beginning;
containing an area of 6.59 acres, more or less.
Section 2. That conditional use and site plan approval for the
property first described above are hereby granted subject to the follow-
ing expressed conditions:
(a) The only permitted uses for which approval is hereby
granted are:
Gift and card shop.
2. Florist.
3. Pharmacy.
4. Fabric shop and sewing supplies.
5. Jewelry store.
6. Book and stationery store.
7. Personal service shops such as beauty shops, barber
shops and optical.
8. Retail gasoline facility, with no mechanical repairs.
9. Professional offices.
10. Business offices.
11. Sporting coods.
12. Electronic equipment.
13. Hardware stores with maximum 4,000 square feet.
14. Food related shop, bakery, butcher, grocery, etc.
in stores not to exceed 4,000 square feet (fish
market prohibited).
15. Bicycle shop.
16. Tobacconist.
17. Plant boutique.
18. Music store.
19. Art shop.
20. Wearing apparel and accessories for men, women
and children.
21. Luggage and leather shop.
22. Photographic studio and supplies.
23. Antiques.
24. Boutique shops.
25. Package liquor stores.
26. Hobby shops.
27. Ice cream parlors.
28. Delicatessens.
29. Interior decorating stores such as draperies,
furniture, carpets, and appliances in stores
not exceeding 4,000 square feet.
30. Restaurants and snack shops (excluding drive-thru
and drive-in).
31. Cocktail lounges.
32. Travel Agency.
(b) No. 14 "Food related shop", shall be operated only
between the hours of 7:00 a.m. and 11:00 p.m.
(c) This approval is further subject to the dedication
or granting of an easement 50 feet in width along
the north side of the subject property (title to ~
which shall be subject to the approval of the City
Attorney), to the City of Delray Beach, Florida for
the use and benefit of the public for ingress and
egress to the property lying to the east of the sub-
ject property.
(d) This approval is subject to the availability of water
for the subject property.
(e) This approval is subject to drainage approval as re-
quired by the Department of Transportation and South
Florida Water Management District.
Section 3. That the development of property described herein
is to be in accordance with the approved site and development plans re:
"Old Harbor Plaza", Delray Beach, Florida, prepared by Peabody and
Childs Architects, Inc., Architect-Engineer-Planner, 543 N.E. 28th
Court, Pompano Beach, Florida, 33064, under Project No. 18178, including
Sheets; A-SP, ABC-FP, A-EL-i&2, A-EL-3&4, A-EL-5&6, A-EL-7&8, A-SIGNS,
A-LP-1, A-LP-2, all of which are hereby incorporated by reference and
made a part hereof and upon which the City has relied in granting this
approval.
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Section 4. That the time limitation for this approval pursuant
to Section 29-21 (E) and 29-22 (E) shall be 18 months from the effective
date of this Ordinance. In considering any extension of this time
limitation the 25% of the total cost of improvements 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 improvements.
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 26th day of March , 1979.
M A Y~R
ATTEST:
Clerk
First Reading February 26, 1979
Second Reading March 26, 1979
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