85-79 ORDINANCE NO. 85-79
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, 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
~N SECTION 28, TOWNSHIP 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 pres,~ntly 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 its regular meeting of November 26,
1979, considered the annexation and zoning request and determined that
such changes 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 upon annexation
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 the 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 S~reet? ~beDc~ 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 322.10 feet
along said East right-of-way line to the Point of Beginning.
Section 2. 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
7. 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
indicated on-the-site and development plan, and that
the water meter be located at the south property line
separ~Lte 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 3. 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 project 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 4. 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 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 14th day of January , 1980.
M A Y O ~
LEON M. WEEKES
ATTEST:
ity Clerk
First Reading Dmemmbmr 10; 1979
Second Reading January 14, 1980
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