72-78 ORDINANCE NO. 72-78
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY
ZONED LI (LIGHT INDUSTRIAL) DISTRICT IN THE SAD (SPE-
CIAL ACTIVITIES) DISTRICT, BEING APPROXIMATELY 3.9
ACRES LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION
OF CONGRESS AVENUE AND LOWSON BOULEVARD IN SECTION 19,
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
August 15, 1978, recommended rezoning and placing land presently zoned LI
(Light Industrial) District in SAD (Special Activities) District; and,
WHEREAS, the City Council at the Workshop Meeting of August 21,
1978, 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 to-wit:
A parcel of land in the Southeast Quarter (S.E. 1/4) of
Section 19, Township 46 South, Range 43 East, Delray Beach,
Florida, more particularly described as follows: Begin at
the intersection of the South right of way line of Southwest
10th Street, also known as Lowson Boulevard, and the West
right of way line of Seaboard Airline Railroad; thence run
Southerly along said Railroad right of way line, a distance
of 400 feet; thence run Westerly parallel with the said
right of way line of Southwest 10th Street, a distance of
425 feet to a point in the East right of way line of South-
west 20th Avenue; thence Northerly along said right of way
line, a distance of 400 feet to a point in the South right
of way line of Southwest 10th Street; thence Easterly along
said right of way line a distance of 425 feet to the Point
of Beginning.
Section 2. That conditional use and site plan approval for the
subject property are hereby granted subject to the following expressed
conditions:
(a) The only conditional uses for which approval is
being 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. Business offices.
8. Delicatessens.
9. Draperies and slip covers.
10. Drug stores.
11. Dry cleaning, limited to self service facilities.
12. Dry cleaning, pick up stations.
13. Electronic equipment.
14. Financial institutions, excluding drive-in facilities.
15. Florists.
16. Food Stores.
17. Gasoline service stations, subject to Sec. 29-17(0).
18. Gift shops.
19. Hardware stores.
20. Home furnishings.
21. Interior decorator shops.
22. Jewelers.
23. Laundromats, limited to self service facilities.
24. Laundry pick up stations.
25. Medical and surgical equipment.
26. Optical equipment.
27. Package liquor store, retail sales only.
28. Photographic equipment and supplies.
29. Photographic studios.
30. Professional offices.
31. Public utilities, servicing this facility only.
32. Restaurants.
33. Sewing supplies.
34. Stationary.
35. Tailoring.
36. Tobacconist.
37. Toy shops.
38. Variety stores.
39. Wearing apparel and accessories for men, women, and children.
(b) All the above approved conditional uses shall be operated only
between the hours of 7:00 A. M. and 11:00 P.M., except No. 16
- Food stores which shall be operated only between the hours
of 6:00 A. M. and 11:00 P. M.
This approval is further subject to the condition that City
Council may, after a reasonable period to time, review the
hours of operation and modify them if found by Council to be
incompatable with adjacent and near by properties.
(c) This approval is subject to the availability of water for the
subject property.
(d) The comments of the Assistant city Engineer contained in memos~
dated August 9, 1978, and August 15, 1978, addressed to the
Planning Director. The applicant must submit complete water,
sewer and utility drawings which must be approved by the City
Engineering Department prior to any construction or site work
being done. Also, prior to any construction or site work, thei
applicant shall deliver to the City a warranty deed conveying
to Palm Beach County free and clear of all encumbrances seven
(7) feet of additional right-of-way running the full north/south
distance of the boundary of this property which abuts the
right-of-way for Congress Avenue, at no cost to the City or
County.
(e) The comments of the Director of Public Utilities contained in
memo dated July 20, 1978, addressed to the Planning Director.
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(f) That the development of this property is to be in
accordance with the approved site and development plan
prepared by Urban Design Studio dated June 3, 1978, under
job number 7867, which is hereby incorporated by reference
and made a part hereof and upon which the City has relied
in granting this approval.
(g) The time limitation for this approval pursuant to Sec-
tions 29-21(E) and 29-22(E) shall be twelve (12) months
from the effective date of this ordinance. In considering
any extension of this time limitation the 25% of the total
cost of improvement criteria contained in Sections 29-21(E)(1)
and 29-22(E)(1) shall be applied to the new improvements
being proposed in regard to this application rather than
existing improvements.
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. This ordinance shall become effective 10 days after
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this 9th day of October , 1978.
MAYOR
ATTEST:
First Readinq September 25, 1978
Second Reading October 9f 1978
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