Loading...
45-79 ORDINANCE NO. 45-79 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1AA (SINGLE FAMILY) AND RM-15 (MULTIPLE FAMILY) DIS- TRICTS, IN SAD (SPECIAL ACTIVITIES) DISTRICT, BEING APPROXIMATELY 9.88 ACRES, LOCATED ON THE SOUTHWEST CORNER OF ATLANTIC AVENUE AND CONGRESS AVENUE BEING IN SECTION 18, 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 April 17, 1979, unanimously recommended rezoning and placing land present- ly zoned R-1AA District and RM-15 District in SAD (Special Activities) District; and, WHEREAS, the City Council at its regular meeting of June 11, 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 tract of land situate in the Southeast One-Quarter (SE¼) of Section 18, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida, more fully described as follows: .Commencing at the intersection of the centerlines of Atlantic Avenue (S.R. 806) and Congress Avenue, as now constructed and in use; thence run on an assumed bearing of S 17°29'37"W 147.71 feet along said centerline Of Congress Avenue to a point; thence run N 72°30'23"W 53.00 feet to a point on the west right-of-way line of Congress Avenue, ~aid point being the Point of Beginning; thence run S 17u29'37"W 240.59 feet along said west right-of-way line to a point of curvature; thence run Southwesterly along the arc of a curve concave to the northwest, having a radius of 1,856.86 feet, a central angle of 2u31'56'', for an arc distance of 82.07 feet to a point of reverse curvature; thence run Southerly along the arc of curve concave to the southeast, having a radius of 1,962.86 feet, a central angle of 2°31'56'', for an arc distance of 86.75 feet to a point of tangency; thence run S 17© 29'37"W 175.85 feet along said west right-of-way line to a point; thence run West 875.18 feet to a point on the east right- of-way line of the Lake Worth Drainage District E-4 Canal; thence run N 17°23'00"E 464.26 feet along said east right- of-way line to a point of intersection with the south right-of-way line of said Atlantic Avenue (S.R. 806); thence run East 113.81 feet along said south right-of-way line to a point of curvature; thence run Northeasterly along said south right-of-way line being a curve concave to the northwest, having a radius of 1,963.08 feet, a central angle of 16v50'00", for an arc distance of 576.75 feet to a point of tangency; thence run N 70°10'00"E 211.62 feet along said south right-of-way line to a point of reverse curvature; thence run Southeasterly along the arc of a curve concave to the southwest, having a radius of 25.00 feet, a central angle of 124o19'37", for an arc distance of 54.25 feet to the Point of Beginning. Containing an area of 9.88 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) Art galleries, supplies, and crafts (2) Bakeries, small scale (3) Barber shops (4) Bath shops (5) Beauty salons (6) Book stores (7) Eusiness offices (8) Carpets & floor coverings (9) Cheese shops (10) Delicatessens (11) Department stores (12) Draperies and slip covers (13) Drug stores (14) Dry cleaning - pick up stations (15) Radio, TV, stereo equipment (16) Financial institutions, including drive-in facilities (17) Florists (18) Food stores (19) Gift shops (20) Hardware stores (21) Health foods (22) Hearing aids (23) Hobby shops (24) Home furnishings (25) Interior decorator shops (26) Jewelers (27) Luggage (28) Medical and surgical equipment (29) Optical equipment (30) Package liquor stores (31) Photographic equipment and supplies (32) Photographic studios (33) Professional offices (34) Restaurants (35) Sewing supplies (36) Sporting goods (37) Stationery (38) Tailoring (39) Tobacconist (40) Toy shops (41) Wearing apparel/accessories - for men, women and children (b) This approval is subject to availability of water for the subject property. (c) This approval is subject to the following requirements of the Engineering Department by memo dated April 5, 1979, addressed to the Planning Director: (1) The slopes on the retention pond shall not exceed 4 to 1 up to a depth of 6 feet. Due to the size of the tract of land and the amount of runoff, approval will have to be obtained from South Florida Water Management District. - 2 - Ord. No. 45-79 (2) Additional right-of-way for Congress Avenue will be required to provide a total of 120 feet; also, for Atlantic Avenue a total of 120 feet is required. Therefore, an additional 7 feet is required off of each side of the property. Prior to the issuance of any building permits, the applicant shall de- liver to the City a warranty deed conveying to Palm Beach County free and clear of all encumbrances the seven (7) feet of additional required right-of-way on each side of this property, together with satis- factory evidence of title, subject to the approval of the City Attorney's office, at no cost to the City or the County. (3) Reconstruction of Congress Avenue in accordance with County Road Improvement Plans for Congress Avenue from Atlantic Avenue along the Congress Square Shopping Center. (4) On Delray West Road the median opening will have to accommodate a storage lane for turning traffic as approved by State Road Department. The existing median cut in Atlantic Avenue should remain since it connects to the north side. We would also re- quire that deceleration storage lanes be included for access into the shopping center off of Delray West Road from the west. (5) Provide a five foot concrete sidewalk on Congress Avenue. (6) Modify the east driveway opening on Atlantic Avenue to prevent conflict with parking lot access. (d) That the development of this property is to be in accord- ance with the approved site and development plan prepared by Urban Design Studio, 2001 Palm Beach Lakes Blvd., Suite 407, West Palm Beach, Florida, dated March 14, 1979, Sheets 1 through 6, under Job No. 7903, which is hereby incorporated by reference and made a part hereof and upon which the City has relied in granting this approval. (e) This approval is subject to the requirement that all irrigation for this project shall be from a source other than City water. (f) The time limitation for this approval pursuant to Sections 29.21(E) and 29.22(E) shall be 18 months from the effec- tive date of this ordinance. Section 3. 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 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 9th day of . Julv/~ , 1979. ATTEST: ~~ Clerk First Reading .T,~ne 25, .1979 Second Reading July 9f 1979 - 3 - Ord. No. 45-79