27-91 FAILED - 7/23/91
ORDINANCE NO. 27-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED PRD (PLANNED RESIDENTIAL DEVELOPMENT)
DISTRICT IN SAD (SPECIAL ACTIVITIES) DISTRICT; SAID
LAND BEING A PARCEL LYING IN SECTION 33, TOWNSHIP 46
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND
LOCATED ON THE NORTH SIDE OF THE C-15 CANAL, BETWEEN
FEDERAL HIGHWAY AND THE INTRACOASTAL WATERWAY;
PROVIDING FOR THE ESTABLISHMENT OF USES ALLOWED FOR
THE SUBJECT PROPERTY; PROVIDING FOR SITE AND
DEVELOPMENT PLAN APPROVAL WITH CERTAIN CONDITIONS; AND
AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA,
1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING
A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 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 Four of the Land
Development Regulations of Delray Beach, Florida, to-wit:
That portion of the South 162.31 feet of the West
One-Half (W 1/2) of the Southwest One-Quarter (SW 1/4)
of the Northwest One-Quarter (NW 1/4) of the Northwest
One-Quarter (NW 1/4) of Section 33, Township 46 South,
Range 43 East, lying north of the north right-of-way
line of Canal C-15, Palm Beach County, Florida.
The subject property is located on the north side of
the C-15 Canal, between Federal Highway and the
Intracoastal Waterway.
The above described parcel contains a 0.17 acre parcel
of land more or less.
Section 2. That the uses allowed for the subject property
described in Section 1, above, pursuant to Section 4.4.25(B) (1) of the
Land Development Regulations of the City of Delray Beach, Florida, shall
be as follows:
(1) Eight (8) boat docks to be utilized by the
Pelican Way Boatowners Association
(2) Private use of that portion of the subject
property which is associated with the townhomes.
Such uses are limited to those identified as
accessory to a single family home.
FAILED - 7/23/91
Section 3. That the development of the subject property
described in Section 1, above, is to be in accordance with the site and
development plans as follows: Drawing SP-1 (Site Plan - Pelican Way
Docks) prepared by Sanders Planning Group, P.A., 2425 East Commercial
Boulevard, #407, Fort Lauderdale, FL 33308, dated 4/3/91, with last
revision date of 6/27/91; and Drawing L-1 (Landscape Plan - Pelican Way
Docks) prepared by Sanders Planning Group, P.A., 2425 East Commercial
Boulevard, ~407, Fort Lauderdale, FL 33308, dated 4/3/91, with last
revision date of 6/27/91; and attendant conditions as approved by the
City Commission on July 23, 1991, to-wit:
(1) Membership in the Pelican Way Boatowners Association is
limited to the owners of the following units:
Lots 1-4, 8-10 of Phase Four-A of Pelican Harbor as
recorded in Plat Book 53, Page 92, Public Records of Palm
Beach County, Florida;
Lots 27, 28, 30, 31-34 of Phase Two of Pelican Harbor as
recorded in Plat Book 37, Pages 32 and 33, Public Records
of Palm Beach County, Florida; and,
Units 101-117, 301-319, 501-519, 701-719 of Captains Way
Condominium only upon provision of proper pedestrian
access through the fence on the east property line.
(2) Recording of amendments to Boatowners Association
documents.
(3) Recording of easement deed to Boatowners Association for
seven (7) foot area along the canal.
(4) Recordation of Unity of Title between the subject property
and Lot 28 of Pelican Harbor as recorded in Plat Book 37,
Pages 32 and 33, Public Records of Palm Beach County,
Florida.
(5) Platting prior to issuance of certificate of occupancy on
docks.
Section 4. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 5. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
- 2 - ORD. NO. 27-91
FAILED - 7/23/91
Section 6. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 7. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the __ day of , 1991.
MAYOR
ATTEST:
City Clerk
First Reading February 12, 1991
Second Reading
- 3 - ORD. NO. 27-91
FAILED - 7/23/91
DELI,AY BEACH NEWS
SCRIBED H~EIN; AND ~N~
Fublished D~i]y iK ~lK DI~RI~ ~P,
Monday thru Sunday WD~
C~USE; PR~ID~ A ~Vl~
C~U~; P~OVIDI~
Boca Raton, Palm Be~h County, Florida TIVE~TE.
Delray Beach. Palm Beach County. Florida
BEACH, FL~I~ ~ENDI~
~TAT~ OF FLORIDA C.~E~
COUNTY OF PALM B~ACH ~*w
Before the undersigned authority personally TURES AL~, ~ THE ~NO
appeared NANCY WA~ who on oath says that she TH~ C~
THE O~
is the Classified Advertising Manager of the Boca ~'~
SE~I~ ~(O)(1) TO ~1~
~aton ~ew~ and the Delray Beach News, daJl~ ~
newspapers published at Bo~a Rat. on in Palm ~o
Beach County. Florida; that the attached copy of r,~
advertisement was published in acid newspapers r~
in the issues of: '~
A PUBLIC HEARING wIU ~ ~ ffi
Affiant further says that the said Boca Raton ~ c~ ~ ,,~ ~
News and Delray Beach News are newspapers pllb* ~l~,ls) my ~ i~ ~ ~
Florida, Monday [hrough 8un~.y, and ha~e been ~.~.. ~ ~ ~, ~
entered as second class matter at the post offtce In ,~ ~ ,~ ~, ~ ~ r,
Boca Aaron. Palm Beach County. Florida.. for a pe-
riod of one year next preceding the first p~blica- ,. 0e0~,CE ~ ms C,T~ c~
tlon Of the attaahed copy o[ advertisement: and
affiant further says that she has neither paid nor P~CIK ~NO ~ESENT~Y
Z~ED RM CM~LTIP~Y F~gLY
TY) OISTRI~ IN RL (MULTI~E AN ~m~
[~"-~-'-, commission or refund for the puP- F~ILY RE$1OENTIAL - L~ ~& MI~ ~ T~ CIW ~ ~Y
SITY) DISTRICT; ~lO ~NO BE- 8EACH,
pose of securing this advertisement for publication rE. u,
in said newspapers. %UPPLEMENT~ ~ EN~CE-
CO~ OF ~DI~ ~ THE
~) ~D E~I~ A NEW
,. ~ lNG A GENE~L REP~ER
C~USE; P~I~ AN EFFEC-
TIVE ~TE.
THE N~
(Seal, ~otary Public, Stat~ of Florida at large)
My Commission expires . ~9