17-79 ORDINANCE NO. 17-79
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-6 AND
R-1AA DISTRICT, IN SAD (SPECIAL ACTIVITIES) DISTRICT, BEING
APPROXIMATELY 5.91 ACRES LOCATED ON THE SOUTHEAST CORNER OF
THE INTERSECTION OF THE NORTH LANE OF U.S. HIGHWAY NO. 1,
AND LINTON BOULEVARD EAST EXTENSION BEING IN SECTION 28,
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, 197S, unanimously lecommended rezoning and placing land pre-
sently zoned RM-6 and R-~A District in SAD (Special Activities) District;
and,
WHEREAS, the City Council at its regular meeting of January 15,
1979, 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 29 of the Code of Ordinances of
the City of Delray Beach, Florida, to-wit:
A portion of Tract No. 2, REVISED PLAT PORTIONS OF SECTIONS
28-29, TWP. 46 S., RGE. 43 E., according to the plat thereof
recorded in Plat Book 18, Page 53 of the Public Records of
Palm Beach County, Florida, being more particularly described
as follows:
Commencing at the Northwest corner of said Section 28;
thence run N 89°47'57"E 656.53 feet, along the North line
of said Section 28, 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 feet,
a central angle of 1°50'9", and whose chord bears
S26°23'49"W; thence run southerly 59.28 feet along the arc
of said curve and along said East right-of-way line to the
Point of Beginning, said point also being a point of inter-
section with the South right-of-way line of S. E. 12th
Street; thence run N89°47'57"E 331.91 feet along said South
right-of-way line to a point; thence run S 0°ll'14"E 292.95
feet to a point; thence run s89o48'46"W 443.22 feet to a
point of intersection with said East right-of-way line,
said point also being a point on a curve concave to the
southeast having for its elements a radius of 1850.08 feet, a
central angle of 9o42'53'' and whose chord bears N20°37'20"E~
thence run northeasterly 313.69 feet along the arc of said
curve and along said East right-of-way line to the Point of
Beginning; containing an area of 2.64 acre~, more or less,
and,
Lot 1, TROPIC ISLE 5th Section, Delray Beach, Florida, as
per plat thereof on file in the office of the Clerk of the
Circuit Court in and for Palm Beach County, Florida, recorded
in Plat Book 32, Page 70.
and,
A portion of Tract No. 2, REVISED PLAY PORTIONS OF SECTIONS
28-29, TWP. 46 S., RGE. 43 Eo PALM BEACH COUNTY, FLORIDA,
according to the plat thereof recorded in Plat Book 18,
Page 53 of the Public Records of Palm Beach County, Florida;
together with a portion of the West One-Half (W 1/2) of
Section 28, Township 46 South, Range 43 East, Palm Beach
County, Florida, more particularly described as follows:
Commencing at the Northwest corner of said Section 28; thence
run N89°47'57"E 656.53 feet, along the North line of said
Section 28, to a point of intersection with the East right-
of-way line of U.S. Highway No. 1 (S.R. Noo 5), said point
also being a point on a curve concave to the Southeast having
for its elements a radius of 1850.08 feet, a central angle
of l°50'09'', and whose chord bears S26°23'49"W; thence run
southerly 59.28 feet along the arc of said curve and along
said East right-of-way line to a point of intersection with
the South right-of-way line of S.E. 12th Street; thence run
N89o47'57"E 331.91 feet along said South right-of-way line to
the Point of Beginning; thence continue N89°47'57"E 559.50
feet, along said South right-of-way line, to a point; thence
run S 0°12'03"E 12.00 feet, alon~ said South right-of-way
line, to a point; thence run S85~29'35"E 378.29 feet, along
said South right-of-way line, to a point of intersection
with the southerly prolongation of the West line of Lots 30,
31, and 32, Block No. 2, MODEL LAND COMPANY's MAP OF SECTION
21.;~'TWP 46 S, RGE 43 E, according to the plat thereof as re-
corded in Plat Book 1, Page 128 of the Public Records of Palm
Beach County, Florida; thence run S 0°21'25"W 110.13 feet
along said southerly prolongation, to a point; thence run
S89°48'46"W 935.13 feet to a point; thence run N 0°ll'14"W
152.95 feet to the Point of Beginn'ing; containing an area
of 3.05 acres, more or less.
Section 2. That conditional use and site plan approval 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. Professional and business offices and financial
institutions including drive-in facilities and
related parking (excluding merchandising and
retail sales).
(b) This approval is subject to availability of water
for the subject property.
(c) This approval is subject to drainage approval as
required by the Department of Transportation and
South Florida Water Management District.
(d) The six (6') foot wall on the south side of the
property to be located a distance not to exceed
five (5') feet North of the property line (in order
to attempt to preserve the existing tree line).
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Section 3 That the development of property described in Sec-
tion 1 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-,
B-SP, B-EL-9 & 10, B-LP-1, B-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.
Section 4. That the time limitation for this approval pursuant
to Section 29-21(E) and 29-22(E) shall be thirty (30) months from the effec-
tive 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
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 2~th day of March , 1979.
M A Y -0~1~
LEON M. WEEKES
ATTEST:
~- / City Clerk
First Reading February 26, 1979
Second Reading March 26, 1979
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