Loading...
Ord 05-07 ORDINANCE NO. 5-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT IN PART, PCC (pLANNED COMMERCE CENTER) DISTRICT IN PART, POC (pLANNED OFFICE CENTER) DISTRICT IN PART, PC (pLANNED COMMERCIAL) DISTRICT IN PART, AND CF (COMMUNITY FACILITIES) DISTRICT IN PART TO MROC (MIXED RESIDENTIAL, OFFICE AND COMMERCIAL) DISTRICT; SAID LAND BEING PARCELS OF LAND GENERALLY LOCATED WITHIN THE AREA BOUNDED ON THE NORTH BY WEST ATLANTIC AVENUE, ON THE SOUTH BY THE C-15 CANAL, ON THE EAST BY 1-95, ON THE WEST BY CONGRESS AVENUE, AND TOGETHER WITH THE CONGRESS PARK, CONGRESS PARK SOUTH AND OFFICE DEPOT COMPLEXES, LOCATED JUST WEST OF CONGRESS AVENUE AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, MARCH 2006"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Dekay Beach, Florida, dated March 2006, as being zoned MIC (Mixed Industrial and Commercial) District in part, PCC (planned Commerce Center) District in part, POC (planned Office Center) District in part, PC (planned Commercial) District in part, and CF (Community Facilities) District in part; and WHEREAS, at its meeting of January 22, 2007 , the Planning and Zoning Board for the City of Dekay Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. (" NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of MROC (Mixed Residential, Office and Commercial) District for the parcels described in the attached Exhibit "A". Section 3. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. 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 6. That this ordinance shall become effective immediately upon the effective date of Ordinance No 38-06, under which official land use designation of CMU (Congress Avenue Mixed Use) is affixed to the subject parcels hereinabove described. ~OPTED in regular session on second and final reading on this the ~ day of , 2007. A TIEST: ~.~.~.~~~~ City Clerk First Reading .2\ \.t \ tJ\ Second Reading ~\~~ \ \), ~lR Itc 2 ORD NO. 5-07 (' /,\ EXHffiIT "A" LEGAL DESCRIPTION 18-46-43, SW ~ OF SE ~ OF SE ~ (LESS CONGRESS AVE RfW & S 25 FT) & W Y2 OF NW ~ OF SE ~ OF SE ~ (LESS CONGRESS AVE RfW & N 50 FT) AS IN OR1655P1666. TOGETHER WITH: THE SOUTHEAST ~ OF THE SOUTHEAST ~ OF THE SOUTHEAST ~ LYING WEST OF THE RIGHT-OF- WAY OF THE SEABOARD COAST LINE RAILROAD, IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: ALL OF "ATLANTIC AVENUE VETERINARY CLINIC" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 42, PAGE 189 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: THAT PORTION OF THE EAST HALF (E Y2) OF THE NORTHWEST QUARTER (NW ~) OF THE NORTHEAST QUARTER (NE~) OF THE SOUTHEAST QUARTER (SE~) OF SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING NORTH OF OLD ATLANTIC AVENUE AND SOUTH OF STATE ROAD No. 806, LESS THE RIGHT-OF-WAY FOR INTERSTATE ROAD No. 1-95, AS DESCRIBED IN OFFICIAL REOCRDS BOOK 1049, PAGE 450, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: 18-46-43, W Y2 OF E Y2 OF NE ~ OF SE~, E Y2 OF NW ~ OFNE ~ OF SE~, E 70 FT OF SW ~OFNE ~ OF SE ~ S OF OLD ATLANTIC AVE (LESS 1-95 RfW) & TH PT OF ABND OLD ATLANTIC AVE LYG N OF & ADJ TO ALL L YG W OF RY RfW. TOGETHER WITH: STREET ADDRESS: 101 SOUTH CONGRESS AVENUE, DELRAYBEACH, FLORIDA 33444 LEGAL DESCRIPTION: ALL THAT PART OF THE WEST HALF (W Y2) OF THE WEST HALF (W Y2) OF THE NORTHEAST QUARTER (NE ~) OF THE SOUTHEAST QUARTER (SE ~) LYING SOUTHEASTERLY OF THE RIGHT-OF-WAY OF OLD ATLANTIC AVENUE, LESS THE EAST 25 FEET, ALL IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; SUBJECT TO THE ROAD RIGHT-OF-WAY FOR CONGRESS AVENUE AS SHOWN IN ROAD PLAT BOOK 4, PAGE 68, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND LESS THE ADDITIONAL RIGHT-OF- WAY FOR CONGRESS AS DESCRIBED IN OFFICIAL RECORDS BOOK 5493, AT PAGE 504, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND THAT PART OF THE RIGHT-OF-WAY 3 ORD NO. 5-07 (" /~ FOR OLD ATLANTIC AVENUE LYING NORTH OF AND ADJACENT TO THE ABOVE PARCEL WHICH WAS ABANDONED BY CITY OF DELRAY BEACH RESOLUTION 46-91, RECORDED IN OFFICIAL RECORDS BOOK 8578, PAGE 1191, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: A PARCEL OF LAND IN THE SW ~ OF THE NE ~ OF THE SE ~ OF SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SW ~ OF THE NE ~ OF THE SE ~ OF SAID SECTION 18; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SW ~, OF THE NE ~, OF THE SE ~ A DISTANCE OF 364.21 FEET TO A POINT; THENCE NORTHERLY ALONG THE WEST LINE OF THE EAST 25.00 FEET, OF THE WEST HALF OF SAID SW ~ OF THE NE ~, OF THE SE ~, A DISTANCE OF 194.50 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUE NORTHERLY ALONG THE LAST DESCRIBED LINE, 170 FEET; THENCE EASTERLY A DISTANCE OF 294.34 FEET; THENCE SOUTHERLY ALONG A LINE 70.00 FEET WEST OF AND PARALLEL WITH THE ! EAST LINE OF THE SW ~ OF THE NE ~ OF THE SE ~, A DISTANCE OF 176.03 FEET; THENCE WESTERLY, PARALLEL WITH THE SOUTH LINE OF THE SW ~ OF THE NE ~ OF THE SE ~, 294.25 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: PARCEL I: ! : . A PARCEL OF LAND IN THE SW ~ OF THE NE ~ OF THE SE ~ OF SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: BEGINNING AT THE SE CORNER OF THE SW ~ OF THE NE ~ OF THE SE ~ OF SAID SECTION 18; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SW ~ OF THE NE ~ OF THE SE ~ A DISTANCE OF 70 FEET TO A POINT IN A LINE PARALLEL TO AND 70 FEET WESTERLY FROM (MEASURED AT RIGHT ANGLES TO) THE EAST LINE OF SAID SW ~ OF THE NE ~ OF THE SE ~ ; THENCE NORTHERLY ALONG SAID PARALLEL LINE A DISTANCE OF 364.50 FEET TO THE POINT OF BEGINNING AND THE SE CORNER OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE CONTINUE NORTHERLY ALONG THE SAME COURSE A DISTANCE OF 305.0 FEET, MORE OR LESS, TO A POINT IN THE NORTH LINE OF SAID SW ~ OF THE NE ~ OF THE SE ~; THENCE WESTERLY ALONG SAID NORTH LINE A DISTANCE OF 294.36 FEET, MORE OR LESS, TO THE NW CORNER OF THE EAST 25 FEET OF SAID WEST Y2 OF THE SW ~ OF THE NE ~ OF THE SE ~; THENCE SOUTHERLY ALONG THE WEST LINE OF THE EAST 25 FEET OF SAID WEST Y2 OF THE SW ~ OF THE NE ~ OF THE SE ~, A DISTANCE OF 300.8 FEET MORE OR LESS TO A POINT, SAID POINT BEING 370.53 FEET NORTHERLY FROM THE SW CORNER THEREOF; THENCE WESTERLY A DISTANCE OF 294.34 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. ALSO: 4 ORD NO. 5-07 (' /,\ PARCEL IT: THE EAST 25 FEET OR THE PART OF THE WEST Y2 OF THE NW ~ OF THE NE ~ OF THE SE ~, LYING SOUTHEASTERLY OF THE RIGHT-OF-WAY OF STATE ROAD NO. 806 IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: THE CONDOMINIUM AS DESCRIBED IN OFFICIAL RECORDS BOOK 5129, PAGE 1906 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: ALL OF "McEWEN LUMBER" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 38, PAGE 143 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: ALL OF "CONGRESS PARK SOUTH REPLAT" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 71, PAGE 190 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: 19-46-43, WESTERLY 362.50 FT OF N 200 FT OF NE 1/4 OF NE 1/4 LYING WEST OF THE WEST RIGHT- OF-WAY LINE OF SEABOARD SYSTEM RAILROAD, INC., FORMERLY THE SEABOARD AIR LINE RAILROAD & EAST OF THE EAST RIGHT OF WAY LINE OF CONGRESS AVE TOGETHER WITH: A PARCEL OF LAND BEING ALL THAT PART OF THE NORTH 200.00 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH IS BOUNDED ON THE EAST BY THE WESTERLY RIGHT -OF- WAY LINE OF SEABOARD SYSTEM RAILROAD, INC., FORMERLY THE SEABOARD AIR LINE RAILROAD; AND BOUNDED ON THE WEST BY A LINE PARALLEL WITH THE WESTERLY RAILROAD RIGHT-OF-WAY LINE AND 447.00 FEET WESTERLY THEREFROM, AS MEASURED ALONG THE NORTH LINE OF SAID SECTION 19; SAID PARCEL BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 19, THENCE SOUTH 880 18'12" WEST, ALONG THE NORTH LINE OF SAID SECTION 19, A DISTANCE OF 563.29 FEET TO THE INTERSECTION THEREOF WITH SAID WESTERLY RIGHT -OF- WAY LINE AND TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 88018'12" WEST, ALONG SAID NORTH LINE A DISTANCE OF 447.00 FEET; THENCE, SOUTH 00 52'39" EAST, PARALLEL WITH SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 200.02 FEET; 5 ORD NO. 5-07 (' /~ THENCE, NORTH 88018'12" EAST, ALONG A LINE PARALLEL WITH AND 200.00 FEET SOUTHERLY FROM, AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF SAID SECTION 19, A DISTANCE OF 447.00 FEET TO THE INTERSECTION THEREOF WITH SAID WESTERLY RIGHT-OF-WAY LINE; THENCE NORTH 0052'39" WEST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 200.02 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 2.052 ACRES, MORE OR LESS, OR 89,385 SQUARE FEET, MORE OR LESS. TOGETHER WITH: A TRACT OF LAND LYING IN THE EAST HALF OF THE NE ~ OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST AND DESCRIBED AS BEING: BOUNDED ON THE NORTH BY THE NORTH 200 FEET OF THE NE ~ OF THE NE ~ OF SAID SECTION 19; BOUNDED ON THE EAST BY THE WEST RIGHT OF WAY OF THE SEABOARD AIRLINE RAILROAD; BOUNDED ON THE SOUTH BY THE SOUTH 2,403 FEET OF THE EAST HALF OF THE NE ~ OF SAID SECTION 19, BOUNDED ON THE WEST BY THE EAST RIGHT-OF-WAY LINE OF SOUTHWEST 20TH AVENUE AS SAID RIGHT OF WAY IS RECORDED IN OFFICIAL RECORDS BOOK 322, PAGE 372, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPTING THEREFROM THAT RIGHT OF WAY FOR CONGRESS AVENUE AS RECORDED IN OFFICIAL RECORD BOOK 1798, PAGE 527, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND RECORDED IN OFFICIAL RECORD BOOK 1880, PAGE 1216. AND THAT PART OF THE NORTH 298.00 FEET, MEASURED AT RIGHT ANGLES, OF THE SOUTH 2,403.00 FEET, MEASURED AT RIGHT ANGLES, OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING WEST OF THE WEST RIGHT OF WAY LINE OF THE SEABOARD AIRLINE RAILROAD AND EAST OF THE EAST RIGHT OF WAY LINE OF CONGRESS AVENUE (FORMERLY SOUTHWEST 20TH AVENUE) AS SAID RIGHT OF WAY IS RECORDED IN OFFICIAL RECORD BOOK 1898, PAGE 1133, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SUBJECT TO ZONING RESTRICTIONS, MATTERS APPEARING ON THE PLAT, AND PUBLIC UTILITY EASEMENTS OF RECORD. TOGETHER WITH: A PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 19; THENCE SOUTH 89 DEGREES 12 MINUTES 48 SECONDS WEST (ASSUMED) A DISTANCE OF 945.27 FEET ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 19 TO A POINT IN THE EAST RIGHT OF WAY LINE OF CONGRESS 6 ORD NO. 5-07 ( '- / '\ AVENUE (106 FEET IN WIDTH AND AS SHOWN ON ROAD PLAT BOOK 4, PAGE 67 AND ACCORDINGLY DESCRIBED IN OFFICIAL RECORDS BOOK 1856, PAGE 677); THENCE NORTH 00 DEGREES 27 MINUTES 36 SECONDS WEST A DISTANCE OF 1401.25 FEET ALONG THE EAST RIGHT- OF-WAY LINE OF CONGRESS AVENUE TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY A DISTANCE OF 342.79 FEET ALONG THE ARC OF A CURVE HAVING A RADIUS OF 1094.74 FEET AND A CENTRAL ANGLE OF 17 DEGREES 56 MINUTES 26 SECONDS TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE, CONTINUE ALONG THE ARC OF SAID CURVE A DISTANCE OF 39.54 FEET, HAVING A RADIUS OF 1094.74 FEET AND A CENTRAL ANGLE OF 2 DEGREES 04 MINUTES 10 SECONDS TO THE POINT OF INTERSECTION WITH ANOTHER CURVE CONCAVE TO THE SOUTHWEST AND WHOSE RADIUS BEARING SOUTH 77 DEGREES 34 MINUTES 47 SECONDS WEST; THENCE NORTHWESTERLY A DISTANCE OF 358.71 FEET ALONG THE ARC OF A CURVE HAVING A RADIUS OF 925.31 FEET AND A CENTRAL ANGLE OF 22 DEGREES 12 MINUTES 42 SECONDS TO A POINT ON THE NORTH LINE OF THE SOUTH 2,105 FEET OF THE EAST Y2 OF THE NORTHEAST ~ OF SAID SECTION 19; THENCE NORTH 89 DEGREES 12 MINUTES 48 SECONDS EAST A DISTANCE OF 584.75 FEET PARALLEL WITH THE EAST-WEST CENTERLINE OF SAID SECTION 19 TO A POINT IN THE WEST RIGHT-OF-WAY LINE OF THE SEABOARD AIRLINE RAILROAD; THENCE SOUTH 00 DEGREES 27 MINUTES 36 SECONDS EAST A DISTANCE OF 366.23 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF THE SEABOARD AIRLINE RAILROAD; THENCE SOUTH 89 DEGREES 12 MINUTES 48 SECONDS WEST A DISTANCE OF 432.23 FEET PARALLEL WITH THE EAST-WEST CENTERLINE OF SAID SECTION 19 TO THE POINT OF BEGINNING. LESS HOWEVER, A PORTION OF THE NORTHEAST ONE-QUARTER (NE ~) OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 19; THENCE SOUTH 88 DEGREES 47 MINUTES 26 SECONDS WEST ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 19, A DISTANCE OF 944.74 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE AS RECORDED IN OFFICIAL RECORDS BOOK 1856, PAGE 679 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS LAID OUT AND IN USE; THENCE NORTH 00 DEGREES 52 MINUTES 38 SECONDS WEST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1401.92 FEET TO THE POINT OF CURVATURE IF A CIRCULAR CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 1094.74 FEET, AND A CENTRAL ANGLE OF 17 DEGREES 56 MINUTES 29 SECONDS; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 342.80 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG THE ARC OF SAID CURVE, HAVING A CENTRAL ANGLE OF 02 DEGREES 07 MINUTES 21 SECONDS, AND ARC DISTANCE OF 40.56 FEET TO A POINT ON A CURVE CONCAVE WESTERL Y, HAVING A RADIUS OF 925.31 FEET, AND A CENTRAL ANGLE OF 06 DEGREES 41 MINUTES 29 SECONDS, WHOSE RADIUS BEARS SOUTH 77 DEGREES 03 MINUTES 29 SECONDS WEST FROM SAID POINT; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND ALONG A PORTION OF THE EAST RIGHT-OF-WAY LINE OF CONGRESS AVENUE AS RECORDED IN OFFICIAL RECORDS BOOK 322, AT PAGE 372 AS LAID OUT AND IN USE OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA A DISTANCE OF 108.06 FEET TO A POINT ON A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 1108.74 FEET AND A CENTRAL ANGLE OF 07 DEGREES 55 7 ORD NO. 5-07 (' /"1 MINUTES 25 SECONDS, WHOSE RADIUS BEARS SOUTH 63 DEGREES 29 MINUTES 14 SECONDS WEST FROM SAID POINT; THENCE SOUTH 88 DEGREES 47 MINUTES 26 SECONDS WEST A DISTANCE OF 14.68 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER SECTION CORNER IN THE EAST LINE OF SAID SECTION 19; THENCE SOUTH 89027'44" WEST (ASSUMED) ALONG THE EAST-WEST QUARTER SECTION LINE OF SAID SECTION 19, A DISTANCE OF 945.09 FEET TO A POINT IN THE EAST RIGHT-OF-WAY OF CONGRESS AVENUE, THENCE NORTH 00012'55" WEST ALONG THE EAST RIGHT-OF-WAY OF SAID CONGRESS AVENUE, AS SHOWN ON ROAD PLAT BOOK 4, PAGES 4, 66, 67 AND 68 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 1180.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL TO BE HEREIN DESCRIBED; THENCE CONTINUE NORTH 00012'55" WEST ALONG THE EAST LINE OF SAID CONGRESS AVENUE, A DISTANCE OF 221.24 FEET TO THE POINT OF CURV ATVRE OF A CURVE CONCAVE TO THE WEST; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 1094.74 FEET AND A CENTRAL ANGLE OF 17056'29", A DISTANCE OF 342.80 FEET; THENCE NORTH 89027'44" EAST AND PARALLEL WITH THE EAST-WEST QUARTER SECTION LINE OF SAID SECTION 19, A DISTANCE OF 432.51 FEET TO A POINT IN THE WEST RIGHT-OF-WAY OF THE SEABOARD AIRLINE RAILROAD; THENCE SOUTH 00012'55 EAST ALONG SAID WEST RIGHT-OF-WAY LINE OF THE SEABOARD AIRLINE RAILROAD, A DISTANCE OF 558.77 FEET; THENCE SOUTH 89027'44" WEST AND PARALLEL WITH SAID EAST-WEST QUARTER SECTION LINE OF SAID SECTION 19, A DISTANCE OF 379.17 FEET TO THE POINT OF BEGINNING AFOREDESCRIBED. LESS AND EXCEPT THAT PORTION OF THE ABOVE DESCRIBED PROPERTY SET FORTH AS PARCEL 109 IN THAT STIPULATED FINAL JUDGEMENT FILED IN PALM BEACH CIRCUIT COURT UNDER CASE NO. CL-98-4197(AA) AND RECORDED IN OFFICAL RECORDS BOOK 5819, PAGE 401. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: THE NORTH 115.00 FEET OF THE FOLLOWING DESCRIBED PARCEL: A TRACT OF LAND LYING IN THE EAST HALF (E Y2) OF THE NORTHEAST QUARTER (NE ~) OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF SEABOARD AIRLINE RAILROAD AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE QUARTER CORNER IN THE EAST LINE OF SECTION 19, TOWNSHIP 46 SOUTH RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE WESTERLY ALONG THE CENTERLINE OF SAID SECTION 19, A DISTANCE OF 991.27 FEET, THENCE NORTHERLY, PARALLEL TO THE WEST RIGHT-OF-WAY OF SEABOARD AIRLINE RAILROAD, A DISTANCE OF 55.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTHERLY ALONG THE PRECEDING COURSE A DISTANCE OF 1125.00 FEET; THENCE EASTERLY, PARALLEL TO SAID CENTERLINE OF SECTION 19, A DISTANCE OF 8 ORD NO. 5-07 ( " /,\ I 425.00 FEET TO A POINT IN THE WESTERLY RIGHT-OF-WAY LINE OF THE SEABOARD AIRLINE RAILROAD; THENCE SOUTHERLY, ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 1125.00 FEET; THENCE WESTERLY, PARALLEL TO AND 55.00 FEET NORTH (MEASURED AT RIGHT ANGLES) OF THE CENTERLINE OF SAID SECTION 19, A DISTANCE OF 425.00 FEET TO THE POINT OF BEGINNING, LESS THE WEST 46.00 FEET THEREOF. TOGETHER WITH: LEGAL DESCRIPTION OF PROPERTY LOCATED AT 785 SOUTH CONGRESS AVENUE DELRA Y BEACH, FLORIDA A TRACT OF LAND LYING IN THE EAST HALF (E Y2) OF THE NORTHEAST QUARTER (NE ~) OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST LYING WEST OF THE WEST RIGHT -OF-WAY LINE OF SEABOARD AIRLINE RAILROAD AND MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCE AT THE QUARTER CORNER ON THE EAST LINE OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE WESTERL Y ALONG THE CENTERLINE OF SAID SECTION 19, A DISTANCE IF 991.27 FEET; THENCE NORTHERLY, PARALLEL TO THE WEST RIGHT-OF-WAY LINE OF SEABOARD AIRLINE RAILROAD, A DISTANCE OF 835.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTHERLY ALONG THE PRECEDING COURSE A DISTANCE OF 230.00 F.EET; THENCE EASTERLY, PARALLEL TO SAID CENTERLINE OF SECTION 19, A DISTANCE OF 425 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SEABOARD AIRLINE RAILROAD; THENCE SOUTHERLY, ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 230.00 FEET, THENCE WESTERLY, PARALLEL TO THE CENTERLINE OF SAID SECTION 19, A DISTANCE OF 425.00 FEET TO THE POINT OF BEGINNING. LESS THE WEST 46 FEET THEREOF. ALSO LESS THE FOLLOWING PARCEL: A PORTION OF THE NORTHEAST ONE-QUARTER OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEAC~' COUNTY, FLORIDA AND BEING MORE P ARTICULARL Y DECRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 19; THENCE SOUTH 88047'26" WEST, ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 19 A DISTANCE OF 565.74 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF THE SEABOARD AIRLINE RAILROAD; THENCE NORTH 00052'38" WEST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 835.00 FEET; THENCE SOUTH 88047'26" WEST A DISTANCE OF 365.00 FEET TO THE POINT OF BEGINNING, THENCE SOUTH 88047'26" WEST A DISTANCE OF 14.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF CONGRESS AVENUE, AS RECORDED IN OFFICIAL RECORDS BOOK 1861, AT PAGE 1339, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AS RECORDED IN OFFICIAL RECORDS BOOK 1861, AT PAGE 1339 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS LAID OUT IN USE; THENCE NORTH 00052'38" WEST ALONG SAID EASTERLY RIGHT-OF WAY LINE A DISTANCE OF 230.00 FEET; THENCE NORTH 88047'26" EAST, A DISTANCE OF 14.00 FEET; THENCE SOUTH 00052'38" EAST, A DISTANCE OF 230.00 FEET TO THE POINT OF BEGINNING. 9 ORD NO. 5-07 ( " /\ SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 3,220 SQUARE FEET MORE OR LESS. TOGETHER WITH: PORTIONS OF LOTS 9,10,16 AND 17, MODEL LAND COMPANY'S SUBDIVISION OF THE SOUTHEAST ONE-QUARTER (SE ~) AND EAST HALF (E Y2) OF THE NORTHEAST QUARTER (NE ~) OF SECTION 19, TOWNSHIP 46 SOUTH, ~NGE 43 EAST, PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK6, PAGE 53, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: PARCEL No. I THE SOUTH 150.0 FEET OF THE NORTH 855.0 FEET OF THE WEST 325.0 FEET OF THE EAST 425.0 FEET OF THAT PART OF THE SOUTHEAST QUARTER (SE~) OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRA Y BEACH, PALM BEACH COUNTY, FLORIDA LYING WEST OF THE WEST RIGHT -OF- WAY LINE OF THE SEABOARD AIRLINE RAIL WAY (NOW KNOWN AS THE CSX RAIL WAY). LESS AND EXCEPT THE FOLLOWING PARCEL, TO WIT: A PORTION OF THE SOUTHEAST ONE-QUARTER (SE ~) OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED AS THE SOUTH 150.0 FEET OF THE NORTH 855.0 FEET OF THE WEST 325.0 FEET OF THE EAST 425.0 FEET OF THE PART OF THE SOUTHEAST QUARTER (SE~) OF SAID SECTION 19 LYING WEST OF THE WEST RIGHT- OF-WAY LINE OF THE SEABOARD AIRLINE RAILROAD; THENCE NORTH 88047'26" EAST, A DISTANCE OF 49.00 FEET TO A POINT ON A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 5666.58 FEET, A CENTRAL ANGLE OF 01031 '00", WHOSE RADIUS BEARS NORTH 89007'53" WEST FROM SAID POINT; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 150.01 FEET; THENCE SOUTH 88047'26" WEST, A DISTANCE OF 50.99 FEET TO A POINT ON THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE AS RECORDED IN OFFICIAL RECORDS BOOK 2450, PAGE 657, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS LAID OUT AND IN USE; THENCE NORTH 00052'07" WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING, AS DESCRIBED IN RIGHT-OF-WAY WARRANTY DEED TO PALM BEACH COUNTY RECORDED IN OFFICIAL RECORDS BOOK 5566, PAGE 743 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITVA TE, LYING AND BEING IN THE CITY OF DELRA Y BEACH, PALM BEACH COUNTY, FLORIDA. PARCEL IT 10 ORD NO. 5-07 (' /~ THE EAST 100.0 FEET OF THE SOUTH 150.0 FEET OF THE NORTH 855.0 FEET OF THE EAST 425.0 FEET OF THAT PART OF THE SOUTHEAST QUARTER (SE Y4) OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA LYING WEST OF THE WEST RIGHT-OF- WAY LINE OF THE SEABOARD AIRLINE RAILWAY (NOW KNOWN AS C.S.x. RAILWAY). PARCEL No. ill THE SOUTH 250 FEET OF THE NORTH 705 FEET OF THE EAST 425 FEET OF THAT PART OF THE SOUTHEAST QUARTER (SE Y4) OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIpA LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF THE SEABOARD AIRLINE RAILWAY (NOW KNOWN AS CSX RAILWAY). LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL, TO WIT: A PORTION OF THE SOUTHEAST ONE-QUARTER (SE Y4) OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA AND BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF A LINE PARALLEL WITH AND 705.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES, TO THE NORTH LINE OF SAID SOUTHEAST ONE-QUARTER (SE Y4) AND THE EAST RIGHT-OF-WAY LINE OF CONGRESS AVENUE AS RECORDED IN OFFICIAL RECORDS BOOK 2450, PAGE 657 OF THE OFFICIAL RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 00052'07" WEST ALONG SAID EAST RIGHT-OF-WAY LINE OF CONGRESS AVENUE, A DISTANCE OF 250.00 FEET; THENCE NORTH 88047'26" EAST, A DISTANCE OF 46.00 FEET; THENCE SOUTH 00052'07" EAST, A DISTANCE OF 249.99 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 5669.58 FEET, A CENTRAL ANGLE OF 0000'01" AND AN ARC DISTANCE OF 0.02 FEET; THENCE SOUTH 88047'26" WEST, A DISTANCE OF 46.00 FEET TO THE POINT OF BEGINNING, AS DESCRIBED IN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 5769, AT PAGE 879 AND IN FINAL JUDGEMENT RECORDED IN OFFICIAL RECORDS BOOK 6889, PAGE 1864 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITVA TE, LYING AND BEING IN THE CITY OF DELRA Y BEACH, PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: ALL OF "ARCHER LINPRO CENTER" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 64 AT PAGE 38 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: LEGAL DESCRIPTION: 19-46-43, E 379 FT OF S 800 FT OF N 1655 FT OF SE Y4 LYG W OF SAL RR RfW (LESS WL Y 49FT CONGRESS AVE RD RfW). 11 ORD NO. 5-07 (' /"1 TOGETHER WITH: ALL OF "CORPORATE TECH CENTER" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 47, PAGE 152 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: ALL OF "CORPORATE TECH CENTER PLAT No.2" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 54, PAGE 177 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: THE NORTH 66.5 FEET OF THE SOUTH 1406.7 FEET OF THE SOUTHEAST ~ LYING BETWEEN THE S.A.L. RAILROAD RIGHT OF WAY AND CONGRESS AVENUE, ALL LYING IN SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. TOGETHER WITH GAP PARCELS NOS. 1,2 AND 3 DESCRIBED ON SHEETS 1 THROUGH 6 ATTACHED HERETO AND MADE PART THEREOF. THREE PARCELS OF LAND LYING IN THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, SAID PARCELS OF LAND BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: GAP PARCEL NO.1: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 30 (CORNER LOCATION AND SOUTH LINE OF THE SOUTHEAST QUARTER AS DETERMINED BY THE PALM BEACH COUNTY ENGINEERING DEPARTMENT); THENCE N 89055'00"W (THE BEARINGS RECITED HEREIN ARE RELATIVE TO THE BEARING NOooI8'55"W AS SHOWN ON THE PLAT OF PALM COAST INDUSTRIAL PARK, PLAT BOOK 4~ ON PAGE 14 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA FOR THE WEST' RIGHT OF WAY LINE OF THE CSX RAILRAOD PREVIOUSLY KNOWN AS THE SEABOARD COASTLINE RAILRAOD), ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 30, A DISTANCE OF 703.40 FEET TO THE INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF THE CSX RAILROAD AS LAID OUT AND IN USE; THENCE NOooI8'55"W, ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 1342.92 FEET TO THE INTERSECTION WITH THE MONUMENTED'NORTH LINE OF THE PLAT OF CORPORATE TECH CENTER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 47 ON PAGE 152 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE S89011 '30"W, ALONG SAID MONUMENTED NORTH LINE OF CORPORATE TECH CENTER ACCORDING TO A SURVEY ON FILE IN THE OFFICES OF PARAMOUNT ENGINEERING GROUP, INC. UNDER JOB NO. 2928 DATED 08/07/03, A DISTANCE OF 176.25 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE S89011 '30"W ALONG SAID MONUMENTED NORTH LINE, A DISTANCE OF 218.76 FEET TO THE INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF 12 ORD NO. 5-07 (' /\ CONGRESS AVENUE AS DESCRIBED BY SAID PLAT OF CORPORATE TECH CENTER; THENCE NOooI8'55"W ALONG SAID EAST RIGHT OF WAY LINE OF CONGRESS AVENUE, A DISTANCE OF 3.34 FEET TO THE INTERSECTION WITH THE SOUTH LINE OF THE NORTH 66.5 FEET OF THE SOUTH 1406.7 FEET OF THE SAID SOUTHEAST QUARTER OF SECTION 30; THENCE S89056'00"E ALONG SAID SOUTH LINE, A DISTANCE OF 218.76 FET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 365.44 SQUARE FEET, MORE OR LESS. TOGETHER WITH GAP PARCEL NO.2 COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 30 (CORNER LOCATION AND SOUTH LINE OF SOUTHEAST QUARTER AS DETERMINED BY THE PALM BEACH COUNTY ENGINEERING DEPARTMENT); THENCE N89055'00"W (THE BEARINGS RECITED HEREIN ARE RELATIVE TO THE BEARING N 00018'55"W AS SHOWN ON THE PLAT OF PALM COAST INDUSTRIAL PARK, PLAT BOOK 46 ON PAGE 14 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA FOR THE WEST RIGHT OF WAY LINE OF THE CSX RAILROAD PREVIOUSL Y KNOWN AS THE SEABOARD COASTLINE RAILROAD), ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 30, A DISTANCE OF 703.40 FEET TO THE INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF THE CSX RAILROAD AS LAID OUT AND IN USE; THENCE NOooI8'55"W ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 1406.73 FEET TO THE POINT OF BEGINNING AND INTERSECTION WITH THE NORTH LINE OF THE NORTH 66.5 FEET OF THE SOUTH 1406.7 FEET OF THE SAID SOUTHEAST QUARER OF SECTION 30, THENCE N89056'00"W ALONG SAID NORTH LINE, A DISTANCE OF 6.04 FEET TO INTERSECTION WITH THE MONUMENTED SOUTH LINE OF THE PLAT OF PALM COAST INDUSTRIAL PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 46 ON PAGE 14 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N89011'30"E ALONG SAID MONUMENTED SOUTH LINE OF PALM COAST INDUSTRIAL PARK ACCORDING TO A SURVEY ON FILE IN THE OFFICES OF PARAMOUNT ENGINEERING GROUP, INC. UNDER JOB NO. 2928 DATED 08/07/03, A DISTANCE OF 6.04 FEET TO THE INTERSECTION WITH THE SAID WEST RIGHT OF WAY LINE OF THE CSX RAILROAD; THENCE SOoo18'55"E ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 0.09 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.28 SQUARE FEET, MORE OR LESS. AND TOGETHER WITH GAP PARCEL NO.3: COMMENCE A THE SOUTHEAST CORNER OF SAID SECTION 30 (CORNER LOCATION AND SOUTH LINE OF THE SOUTHEAST QUARTER AS DETERMINED BY THE PALM BEACH COUNTY ENGINEERING DEPARTMENT);THENCE N89055'00"W (THE BEARINGS RECITED HEREIN ARE RELATIVE TO THE BEARING NOooI8'55"W AS SHOWN ON THE PLAT OF PALM COAST INDUSTRIAL PARK, PLAT BOOK 46 ON PAGE 14 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA FOR THE WEST RIGHT OF WAY LINE OF THE CSX RAILROAD PREVIOUSLY KNOWN AS THE SEABOARD COASTLINE RAILROAD), ALONG THE SOUTH LINE OF SAID SOUTHEST QUARTER OF SECTION 30, A DISTANCE OF 703.40 FEET TO THE INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF THE CSX RAILROAD AS LAID OUT AND IN USE; THENCE NOooI8'55"W ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 1517.15 FEET TO THE POINT OF BEGINNING AND 13 ORD NO. 5-07 (' /\ INTERSECTION WITH THE MONUMENTED NORTH LINE OF THE PLAT OF PALM COAST INDUSTRIAL PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 46 ON PAGE 14 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE S89011'30"W ALONG SAID MONUMENTED NORTH LINE OF PALM COAST INDUSTRIAL PARK, ACCORDING TO A SURVEY ON FILE IN THE OFFICES OF PARAMOUNT ENGINEERING GROUP, INC. UNDER JOB NO. 2928 DATED 08/07/03, A DISTANCE OF 395.01 FEET TO THE INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF CONGRESS AVENUE AS DESCRIBED BY SAID PLAT OF PALM COAST INDUSTRIAL PARK, THENCE NOooI8'55"W ALONG SAID EAST RIGHT OF WAY LINE OF CONGRESS AVENUE, A DISTANCE OF 2.73 FEET TO THE INTERSECTION WITH THE NORTH LINE OF SAID PALM COAST INDUSTRIAL PARK ACCORDING TO THE DESCRIPTION OF SAID PLAT; THENCE N89012'30"E ALONG SAID DESCRIBED NORTH LINE OF PALM COAST INDUSTRIAL PARK, A DISTANCE OF 395.01 FEET TO THE INTERSECTION WITH THE SAID WEST RIGHT OF WAY LINE OF THE CSX RAILROAD, THENCE SOooI8'55"E ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 2.62 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1057.04 SQUARE FEET, MORE OR LESS. TOGETHER WITH: ALL OF "PALM COAST INDUSTRIAL PARK" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 46, PAGE 14 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: A PARCEL OF LAND IN THE SOUTHEST QUARTER (SE 1/4) OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, 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 THE SEABOARD AIRLINE RAILROAD; THENCE SOUTHERLY, ALONG SAID RAILROAD RIGHT OF WAY LINE, 400.00 FEET; THENCE WESTERLY, PARALEL WITH THE SOUTH RIGHT OF WAY LINE OF S.W. 10TH STREET, 365.00 FEET TO A LINE 67.00 FEET EAST OF AND PARALLEL WITH THE CENTER LINE OF CONGRESS AVENUE AS SHOWN ON ROAD PLAT BOOK 4 AT PAGES 66 AND 67, PALM BEACH COUNTY PUBLIC RECORDS; THENCE NORTHERLY, ALONG SAID PARALLEL LINE, 250.00 FEET TO A LINE 150.00 FEET SOUTH OF AND PARALLEL WITH THE SAID SOUTH RIGHT OF WAY LINE OF S.W. 10TH STREET; THENCE EASTERLY ,ALONG SAID PARALLEL LINE, 90.00 FEET; THENCE NORTHERLY, AND PARALLEL WITH THE SAID CENTERLINE OF CONGRESS AVENUE 150.00 FEET TO THE SAID SOUTH RIGHT OF WAY LINE; THENCE EASTERLY ALONG SAID SOUTH RIGHT OF WAY LINE 275.00 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: A PARCEL OF LAND IN THE SOUTHEAST CORNER (SE Y4) OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRA Y BEACH, PALM BEACH COUNTY, FLORIDA, MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: 14 ORD NO. 5-07 (' \.. /\ COMMENCE AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF S.W. 10TH STREET, ALSO KNOWN AS LOWSON BOULEVARD AND THE WEST RIGHT-OF-WAY LINE OF THE SEABOARD AIRLINE RAILROAD; THENCE WESTERLY ALONG THE SAID SOUTH RIGHT-OF-WAY LINE OF S.W. 10TH STREET, 275.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE WESTERLY ALONG THE SAID SOUTH RIGHT-OF-WAY LINE 65.14 FEET TO A CURVE CONCAVE SOUTHEASTERLY WITH A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 89 DEGREES 40 MINUTES 50 SECONDS, SAID CURVE BEING TANGENT TO SAID SOUTH RIGHT-OF-WAY LINE AND TANGENT TO A LINE 67.0 FEET EAST OF AND PARALLEL WITH THE CENTERLINE OF CONGRESS AVENUE, AS SHOWN IN ROAD PLAT BOOK 4, PAGES 66 AND 67; THENCE SOUTHWESTERLY ALONG THE CHORD OF SAID CURVE 35.26 FEET; THENCE SOUTHERLY, ALONG THE SAID LINE 67.0 FEET EAST OF THE CENTERLINE OF CONGRESS AVENUE, 125.14 FEET TO A LINE 150.00 FEET SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF S.W. 10TH STREET; THENCE EASTERLY ALONG SAID PARALLEL LINE 90.00 FEET; THENCE NORTHERLY AND PARALLEL WITH THE CENTERLINE OF CONGRESS AVENUE, 150.00 FEET TO THE POINT OF BEGINNING AFOREDESCRIBED. TOGETHER WITH: ALL OF "LINTON SQUARE" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 50, PAGE 110 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE RUN NORTH 89 DEGREES, 55 MINUTES, 53 SECONDS WEST 700.10 FEET ALONG THE SOUTH LINE OF SAID SECTION 30 TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF THE SEABOARD COASTLINE RAILROAD; THENCE RUN NORTH 00 DEGREES, 18 MINUTES, 55 SECONDS WEST 120.00 FEET ALONG SAID WEST RIGHT-OF- WAY LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF THE C-15 CANAL; THENCE RUN NORTH 89 DEGREES, 55 MINUTES, 53 SECONDS WEST 395.01 FEET ALONG SAID NORTH RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF CONGRESS AVENUE AS NOW CONSTRUCTED AND IN USE; THENCE RUN NORTH 00 DEGREES, 18 MINUTES, 55 SECONDS WEST 1393.85 FEET TO A POINT, WHICH IS THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00 DEGREES, 18 MINUTES, 55 SECONDS WEST 771.93 FEET ALONG SAID EAST RIGHT-OF-WAY LINE TO A POINT; THENCE RUN NORTH 89 DEGREES, 12 MINUTES, 30 SECONDS EAST 395.01 FEET TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF- WAY LINE OF THE SEABOARD COASTLINE RAILROAD; THENCE RUN SOUTH 00 DEGREES, 18 MINUTES, 55 SECONDS EAST 771.93 FEET ALONG SAID WEST RIGHT-OF-WAY LINE TO A POINT; THENCE RUN SOUTH 89 DEGREES, 12 MINUTES, 30 SECONDS WEST 395.01 FEET BACK TO THE POINT OF BEGINNING. TOGETHER WITH: ALL OF "CONGRESS PARK REPLAT" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 86 AT PAGE 29 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 15 ORD NO. 5-07 1"" r /~ TOGETHER WITH: ALL OF "CONGRESS PARK" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44 AT PAGE 194 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: ALL OF "CONGRESS PARK OFFICE," A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM, AS RECORDED ON O.R. BOOK 19762, PAGE 108, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: THE SOUTH 200.00 FEET OF THE NORTH 253.00 FEET OF THE WEST 248.00 FEET OF THE EAST 425.00 FEET OF THE PART OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF THE SEABOARD AIRLINE RAILWAY; LESS AND NOT INCLUDING THE FOLLOWING DESCRIBED PARCEL: BEGIN AT THE NORTHWEST CORNER OF THE AFORE DESCRIBED; THENCE SOUTHERLY, ALONG THE WEST LINE OF THE ABOVE DESCRIBED PARCEL, BEING THE EASTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE (S.W. 20TH AVE.), A DISTANCE OF 116.89 FEET; THENCE NORTHEASTERLY, MAKING AN ANGLE WITH THE PRECEEDING COURSE MEASURED FROM NORTH TO EAST, OF 16003'12", A DISTANCE OF 110.02 FEET; THENCE EASTERLY MAKING AN ANGLE WITH THE PRECEEDING COURSE, MEASURED FROM SOUTH TO EAST, OF 194046'41" A DISTANCE OF 217.75 FEET TO APOINT IN THE EAST LINE OF THE PARCEL PREVIOUSL Y DESCRIBED; THENCE NORTHERLY, ALONG THE SAID EAST LINE, A DISTANCE OF 19.00 FEET TO A POINT IN A LINE 53.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 30; TOWNSHIP 46 SOUTH, RANGE 43 EAST, SAID PARALLEL LINE BEING THE SOUTH RIGHT-OF-WAY LINE OF S.W. 12TH STREET AS PRESENTLY LAID OUT: THENCE WESTERLY, ALONG SAID PARALLEL LINE, A DISTANCE OF 248.00 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: ALL OF "ATRIUM AT CENTRE DELRAY" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 42 AT PAGE 133 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: ALL OF "GARDENS AT CENTRE DELRAY" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 43 AT PAGE 49 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: ALL OF "ARBORS AT CENTRE DELRA Y" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 43, PAGE 166 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 16 ORD NO. 5-07 (' /\ TOGETHER WITH: ALL OF "LAKESIDE AT CENTRE DELRAY REPLAT" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 77, PAGE 49 OF THE PUBLIC REOCRDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: ALL OF "TERRACES AT CENTRE DELRAY REPLAT" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 77, PAGE 51 OF THE PUBLIC REOCRDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: ALL OF "CATALFUMO P.O.C. PLAT" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 77, PAGE 53 OF THE PUBLIC REOCRDS OF PALM BEACH COUNTY, FLORIDA. 17 ORD NO. 5-07 CITY OF DELRAY BEACH NOTICE OF PROPOSED REZONING The City Commission of the City of Defray Beach, Florida, proposes to adopt the following ordinance: ORDINANCE NO. 5-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT IN PART, PCC (PlANNED COMMERCE CENTER) DISTRICT IN PART, POC (PLANNED OFFICE CENTER) DISTRICT IN PART, PC (PLANNED COMMERCIAL) DIS- TRICT IN PART, AND CF (COMMUNITY FACILITIES) DISTRICT IN PART TO MROC (MIXED RESIDENTIAL, OFFICE AND COMMERCIAL) DIS- TRICT; SAID LAND BEING PARCELS OF LAND GENERALLY LOCATED WITHIN THE AREA BOUNDED ON THE NORTH BY WEST ATLANTIC AVENUE, ON THE SOUTH BY THE C-15 CANAL, ON THE EAST BY 1- 95. ON THE WEST BY CONGRESS AVENUE, AND TOGETHER WITH THE CONGRESS PARK, CONGRESS PARK SOUTH AND OFFICE DE- POT COMPLEXES, LOCATED JUST WEST OF CONGRESS AVENUE AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, MARCH 2006"; PROVIDING A GENERAL REPEALER CLAUSE. A SAVING CLAUSE, AND AN EFFECTIVE DATE. N.W, -1 2ND ...."'...." "'....-........-. ~ ....__...._~M.._.....' )- ~ :I: <> 'l: ;;l ~ ~ The City Commission will conduct two (2) Public Hearings for the purpose of accepting public testimony regarding the proposed ordinance. The first Public Hearing will be held on ~Y. FEBRUARY 6. 2007. AT 7:00 eM. in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Del- ray Beach. Florida. If the proposed ordinance is passed on first reading, a second Public Hearing will be held on TUESDAY. FEBRUARY 20. AT ZiIlllP.M. (or at any continuation of such meeting which is set by the Com- mission) in the Commission Chambers at City Hall, 100 N.W 1st Avenue, Delray Beach, Florida. All interested citizens are invited to attend the public hearings and com- ment upon the proposed ordinance or submit their comments in writing on or before the date of these hearings to the Planning and Zoning Depart- ment. For further information or to obtain a copy of the proposed ordi- nance, please contact the Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach. Florida 33444 (emall at pzmall@mydelray- beach. com) or by calling 561/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. excluding holidays. Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at these hear- ings, such person may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. The City does not provide nor prepare such record pursuant to ES. 286.0105. CITY OF DELRAY BEACH Chevelle D. Nubin, CMC City Clerk PUBLISH: Monday, January 29, 2007 Tuesday, February 13, 2007 Boca Raton/Delray Beach News AD # NS0107515 Cc: tAl i cr o n '" => <I> ~ n o 3 CD g '" :0 ~ ~ <I> " '" '< CD <I> '" n :or :2 '" ~ <=' '" '" Ii} '1' ::;: '" g- ~ 0. '" ~ " '" 2' '" -< :t ..... r-v o o " L CU1-t: ( do- ~ d/~/D17 a~daJ MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER W\ AGENDA ITEM # lD.'B REGULAR MEETING OF FEBRUARY 20,2007 ORDINANCE NO. 5-07 (SECOND READING/SECOND PUBLIC HEARING) SUBJECT: DATE: FEBRUARY 16, 2007 This ordinance is before Commission for second reading and quasi judicial hearing for a City initiated rezoning from MIC (Mixed Industrial and Commercial), PCC (planned Commerce Center), POC (planned Office Center), PC (planned Commercial), and CF (Community Facilities) to MROC (Mixed Residential Office and Commercial) for the area bounded by West Adantic Avenue on the north, the C-15 canal to the south, 1-95 transportation corridor on the east and Congress Avenue on the west together with the Congress Park, Congress Park South and the Office Depot complexes, located just west of Congress Avenue. At the first reading on February 6, 2007, the Commission passed Ordinance No. 5-07. Recommend approval of Ordinance No. 5-07 on second and ftnal reading. S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 5,07 Rezoning 02.20.07.doc . , !/!\ wr FROM: DAVID T. ~DEN, ~~AGER PAUL DcSR~A1CP. D~CTOR OF PLANNING & ZONING MEETING OF FEBRUARY 6, 2007 CONSIDERATION OF A CITY INTIATED REZONING FROM MIC (MIXED INDUSTRIAL AND COMMERCIAL), POC (PLANNED OFFICE CENTER), CF (COMMUNITY FACILITY), PC (PLANNED COMMERCIAL), PCC (PLANNED COMMERCE CENTER) TO MROC (MIXED RESIDENTIAL OFFICE AND COMMERCIAL) TO: SUBJECT: The item before the City Commission is approval of a City initiated rezoning from MIC (Mixed Industrial and Commercial), POC (Planned Office Center), CF (Community Facilities), PC (Planned Commercial), and PCC (Planned Commerce Center) to MROC (Mixed Residential, Office and Commercial) for properties generally located south of West Atlantic Avenue between Congress Avenue and 1-95 south to the City limits including the Office Depot, Congress Park, and Congress Park South office complexes. The rezoning action involves 63 parcels totaling 225.50 acres located within the Congress Avenue Corridor development area. Some of the lots are vacant while others contain general office, governmental office, industrial, and commercial uses. A City initiated Comprehensive Plan Amendment establishing the Congress Avenue Mixed Use Land Use Map category and changing the land use designation of parcels in the Congress Avenue Corridor is being processed as part of Comprehensive Plan Amendment 2007-1 and is being considered concurrently. In addition a LDR text amendment was approved by City Commission on December 5, 2006 which created a new zoning district MROC (Mixed Residential, Office and Commercial). This rezoning will applied this new zoning district to parcels having the new Congress Avenue Mixed Use (CMU) land use designation. This rezoning furthers the polices in the Comprehensive Plan which call for the creation of an overlay district for the Congress Avenue Corridor to facilitate and encourage development of Class A Corporate office space (Future land Use Element Policy A1.9). The amendment also implements Comprehensive Plan Future land Use Element Objective A-5 which encourages creation of mixed use developments and Housing Element policies that encourage providing diverse housing opportunities Le. workforce housing, and transit orientated housing through innovative development practices. The rezonings also implement the adopted Florida Public Officials Design Institutes report recommendations to establish a corridor overlay district to encourage mixed use development with commercial or office on the ground floor and residential above utilizing new urbanism design elements. The rezoning was considered by the Planning and Zoning Board on January 22, 2007 and two people from the public spoke, one with a request for a traffic light at NW 29th street and the other inquired about what water conservation initiatives were included in the action The Board IO.c City Commission Meeting of February 6, 2007 Rezoning from MIC,POC,CF,PC,PCC, to MROC Page 2 discussed the Ordinance and recommended approval on a 6 to 0 vote (Deborah Dowd absent), by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. By motion, approve on first reading Ordinance No. 06-07 which involves rezonings from MIC (Mixed Industrial and Commercial), pac (Planned Office Center), CF (Community Facilities), PC (Planned Commercial), and PCC (Planned Commerce Center) to MROC (Mixed Residential Office and Commercial) for properties generally located south of West Atlantic Avenue between Congress Avenue and 1-95 south to the City limits including the Office Depot, Congress Park, and Congress Park South office complexes by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: · Ordinance No, 06-07 · Planning & Zoning Staff Report of January 22, 2007 ORDINANCE NO. 5-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT IN PART, PCC (PLANNED COMMERCE CENTER) DISTRICT IN PART, POC (PLANNED OFFICE CENTER) DISTRICT IN PART, PC (pLANNED COMMERCIAL) DISTRICT IN PART, AND CF (COMMUNITY FACILITIES) DISTRICT IN PART TO MROC (MIXED RESIDENTIAL, OFFICE AND COMMERCIAL) DISTRICT; SAID LAND BEING PARCELS OF LAND GENERALLY LOCATED WITHIN THE AREA BOUNDED ON THE NORTH BY WEST ATLANTIC AVENUE, ON THE SOUTH BY THE C-15 CANAL, ON THE EAST BY 1-95, ON THE WEST BY CONGRESS AVENUE , AND TOGETHER WITH THE CONGRESS PARK, CONGRESS PARK SOUTH AND OFFICE DEPOT COMPLEXES, LOCATED JUST WEST OF CONGRESS AVENUE AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, MARCH 2006"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated March 2006, as being zoned MIC (Mixed Industrial and Commercial) District in part, PCC (Planned Commerce Center) District in part, POC (Planned Office Center) District in part, PC (Planned Commercial) District in part, and CF (Community Facilities) District in part; and WHEREAS, at its meeting of January 22, 2007 , the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to o to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies ofthe Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of MROC (Mixed Residential, Office and Commercial) District for the parcels described in the attached Exhibit "A". Section 3. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. 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 6. That this ordinance shall become effective immediately upon the effective date of Ordinance No 38-06, under which official land use designation of CMU (Congress Avenue Mixed Use) is affixed to the subject parcels hereinabove described. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of , 200_. ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD NO. 5-07 EXHffiIT "A" LEGAL DESCRIPTION 18-46-43, SW ~ OF SE ~ OF SE ~ (LESS CONGRESS AVE RfW & S 25 FT) & W Y2 OF NW ~ OF SE ~ OF SE Y4 (LESS CONGRESS AVE RfW & N 50 FT) AS IN OR1655P1666. TOGETHER WITH: THE SOUTHEAST ~ OF THE SOUTHEAST ~ OF THE SOUTHEAST ~ LYING WEST OF THE RIGHT-OF-WAY OF THE SEABOARD COAST LINE RAILROAD, IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: ALL OF "ATLANTIC AVENUE VETERINARY CLINIC" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 42, PAGE 189 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: THAT PORTION OF THE EAST HALF (E Y2) OF THE NORTHWEST QUARTER (NW ~) OF THE NORTHEAST QUARTER (NE ~) OF THE SOUTHEAST QUARTER (SE Y4) OF SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING NORTH OF OLD ATLANTIC AVENUE AND SOUTH OF STATE ROAD No. 806, LESS THE RIGHT-OF- WAY FOR INTERSTATE ROAD No. 1-95, AS DESCRIBED IN OFFICIAL REOCRDS BOOK 1049, PAGE 450, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: 18-46-43, W Y2 OF E Y2 OF NE ~ OF SE~, E Y2 OF NW Y4 OF NE ~ OF SE Y4, E 70 FT OF SW ~ OF NE Y4 OF SE Y4 S OF OLD ATLANTIC AVE (LESS 1-95 RfW) & TH PT OF ABND OLD ATLANTIC AVE L YG N OF & ADJ TO ALL L YG W OF RY RfW. TOGETHER WITH: STREET ADDRESS: 101 SOUTH CONGRESS AVENUE, DELRA Y BEACH, FLORIDA 33444 LEGAL DESCRIPTION: ALL THAT PART OF THE WEST HALF (W Y2) OF THE WEST HALF (W Y2) OF THE NORTHEAST QUARTER (NE ~) OF THE SOUTHEAST QUARTER (SE ~) LYING SOUTHEASTERLY OF THE RIGHT-OF-WAY OF OLD ATLANTIC AVENUE, LESS THE EAST 25 FEET, ALL IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; SUBJECT TO THE ROAD RIGHT- OF-WAY FOR CONGRESS AVENUE AS SHOWN IN ROAD PLAT BOOK 4, PAGE 68, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND LESS THE ADDITIONAL RIGHT-OF-WAY FOR CONGRESS AS DESCRffiED IN OFFICIAL RECORDS BOOK 5493, AT PAGE 504, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND THAT PART OF THE RIGHT-OF-WAY FOR OLD ATLANTIC AVENUE LYING NORTH OF AND ADJACENT TO THE ABOVE PARCEL WHICH WAS ABANDONED BY CITY OF DELRAY BEACH RESOLUTION 46-91, RECORDED IN 1 ORD. NO. 5-07 OFFICIAL RECORDS BOOK 8578, PAGE 1191, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: A PARCEL OF LAND IN THE SW ~ OF THE NE ~ OF THE SE Y4 OF SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIDED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SW Y4 OF THE NE ~ OF THE SE Y4 OF SAID SECTION 18; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SW Y4, OF THE NE Y4, OF THE SE Y4 A DISTANCE OF 364.21 FEET TO A POINT; THENCE NORTHERLY ALONG THE WEST LINE OF THE EAST 25.00 FEET, OF THE WEST HALF OF SAID SW Y4 OF THE NE ~, OF THE SE Y4, A DISTANCE OF 194.50 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUE NORTHERLY ALONG THE LAST DESCRIBED LINE, 170 FEET; THENCE EASTERLY A DISTANCE OF 294.34 FEET; THENCE SOUTHERLY ALONG A LINE 70.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE SW Y4 OF THE NE Y4 OF THE SE ~, A DISTANCE OF 176.03 FEET; THENCE WESTERLY, PARALLEL WITH THE SOUTH LINE OF THE SW Y4 OF THE NE ~ OF THE SE ~, 294.25 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: PARCEL I: A PARCEL OF LAND IN THE SW ~ OF THE NE Y4 OF THE SE ~ OF SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SE CORNER OF THE SW ~ OF THE NE ~ OF THE SE ~ OF SAID SECTION 18; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SW ~ OF THE NE Y4 OF THE SE Y4 A DISTANCE OF 70 FEET TO A POINT IN A LINE PARALLEL TO AND 70 FEET WESTERLY FROM (MEASURED AT RIGHT ANGLES TO) THE EAST LINE OF SAID SW Y4 OF THE NE Y4 OF THE SE Y4 ; THENCE NORTHERLY ALONG SAID PARALLEL LINE A DISTANCE OF 364.50 FEET TO THE POINT OF BEGINNING AND THE SE CORNER OF THE HEREIN DESCRIDED PARCEL OF LAND; THENCE CONTINUE NORTHERLY ALONG THE SAME COURSE A DISTANCE OF 305.0 FEET, MORE OR LESS, TO A POINT IN THE NORTH LINE OF SAID SW Y4 OF THE NE ~ OF THE SE Y4; THENCE WESTERLY ALONG SAID NORTH LINE A DISTANCE OF 294.36 FEET, MORE OR LESS, TO THE NW CORNER OF THE EAST 25 FEET OF SAID WEST Y2 OF THE SW ~ OF THE NE ~ OF THE SE ~; THENCE SOUTHERLY ALONG THE WEST LINE OF THE EAST 25 FEET OF SAID WEST Y2 OF THE SW Y4 OF THE NE ~ OF THE SE Y4, A DISTANCE OF 300.8 FEET MORE OR LESS TO A POINT, SAID POINT BEING 370.53 FEET NORTHERLY FROM THE SW CORNER THEREOF; THENCE WESTERLY A DISTANCE OF 294.34 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. ALSO: PARCEL II: THE EAST 25 FEET OR THE PART OF THE WEST Y2 OF THE NW Y4 OF THE NE Y4 OF THE SE ~, LYING SOUTHEASTERLY OF THE RIGHT-OF-WAY OF STATE ROAD NO. 2 ORD. NO. 5-07 806 IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: THE CONDOMINIUM AS DESCRIDED IN OFFICIAL RECORDS BOOK 5129, PAGE 1906 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: ALL OF "McEWEN LUMBER" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 38, PAGE 143 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: ALL OF "CONGRESS PARK SOUTH REPLAT" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 71, PAGE 190 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: 19-46-43, WESTERLY 362.50 FT OF N 200 FT OF NE 1/4 OF NE 1/4 LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF SEABOARD SYSTEM RAILROAD, INC., FORMERLY THE SEABOARD AIR LINE RAILROAD & EAST OF THE EAST RIGHT OF WAY LINE OF CONGRESS AVE TOGETHER WITH: A PARCEL OF LAND BEING ALL THAT PART OF THE NORTH 200.00 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH IS BOUNDED ON THE EAST BY THE WESTERLY RIGHT-OF-WAY LINE OF SEABOARD SYSTEM RAILROAD, INC., FORMERLY THE SEABOARD AIR LINE RAILROAD; AND BOUNDED ON THE WEST BY A LINE PARALLEL WITH THE WESTERLY RAILROAD RIGHT-OF- WAY LINE AND 447.00 FEET WESTERLY THEREFROM, AS MEASURED ALONG THE NORTH LINE OF SAID SECTION 19; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 19, THENCE SOUTH 880 18'12" WEST, ALONG THE NORTH LINE OF SAID SECTION 19, A DISTANCE OF 563.29 FEET TO THE INTERSECTION THEREOF WITH SAID WESTERLY RIGHT-OF- WAY LINE AND TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 88018'12" WEST, ALONG SAID NORTH LINE A DISTANCE OF 447.00 FEET; THENCE, SOUTH 0052'39" EAST, PARALLEL WITH SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 200.02 FEET; THENCE, NORTH 88018'12" EAST, ALONG A LINE PARALLEL WITH AND 200.00 FEET SOUTHERLY FROM, AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF SAID SECTION 19, A DISTANCE OF 447.00 FEET TO THE INTERSECTION THEREOF WITH SAID WESTERLY RIGHT -OF-WAY LINE; 3 ORD. NO. 5-07 THENCE NORTH 0052'39" WEST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 200.02 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 2.052 ACRES, MORE OR LESS, OR 89,385 SQUARE FEET, MORE OR LESS. TOGETHER WITH: A TRACT OF LAND LYING IN THE EAST HALF OF THE NE ~ OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST AND DESCRffiED AS BEING: BOUNDED ON THE NORTH BY THE NORTH 200 FEET OF THE NE Y4 OF THE NE ~ OF SAID SECTION 19; BOUNDED ON THE EAST BY THE WEST RIGHT OF WAY OF THE SEABOARD AIRLINE RAILROAD; BOUNDED ON THE SOUTH BY THE SOUTH 2,403 FEET OF THE EAST HALF OF THE NE Y4 OF SAID SECTION 19, BOUNDED ON THE WEST BY THE EAST RIGHT-OF-WAY LINE OF SOUTHWEST 20TH AVENUE AS SAID RIGHT OF WAY IS RECORDED IN OFFICIAL RECORDS BOOK 322, PAGE 372, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPTING THEREFROM THAT RIGHT OF WAY FOR CONGRESS AVENUE AS RECORDED IN OFFICIAL RECORD BOOK 1798, PAGE 527, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND RECORDED IN OFFICIAL RECORD BOOK 1880, PAGE 1216. AND THAT PART OF THE NORTH 298.00 FEET, MEASURED AT RIGHT ANGLES, OF THE SOUTH 2,403.00 FEET, MEASURED AT RIGHT ANGLES, OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING WEST OF THE WEST RIGHT OF WAY LINE OF THE SEABOARD AIRLINE RAILROAD AND EAST OF THE EAST RIGHT OF WAY LINE OF CONGRESS AVENUE (FORMERLY SOUTHWEST 20TH AVENUE) AS SAID RIGHT OF WAY IS RECORDED IN OFFICIAL RECORD BOOK 1898, PAGE 1133, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SUBJECT TO ZONING RESTRICTIONS, MATTERS APPEARING ON THE PLAT, AND PUBLIC UTILITY EASEMENTS OF RECORD. TOGETHER WITH: A PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 19; THENCE SOUTH 89 DEGREES 12 MINUTES 48 SECONDS WEST (ASSUMED) A DISTANCE OF 945.27 FEET ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 19 TO A POINT IN THE EAST RIGHT OF WAY LINE OF CONGRESS AVENUE (106 FEET IN WIDTH AND AS SHOWN ON ROAD PLAT BOOK 4, PAGE 67 AND ACCORDINGLY DESCRIBED IN OFFICIAL RECORDS BOOK 1856, PAGE 677); THENCE NORTH 00 DEGREES 27 MINUTES 36 SECONDS WEST A DISTANCE OF 1401.25 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF CONGRESS AVENUE TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY A DISTANCE 4 ORD. NO. 5-07 OF 342.79 FEET ALONG THE ARC OF A CURVE HAVING A RADIUS OF 1094.74 FEET AND A CENTRAL ANGLE OF 17 DEGREES 56 MINUTES 26 SECONDS TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE, CONTINUE ALONG THE ARC OF SAID CURVE A DISTANCE OF 39.54 FEET, HAVING A RADIUS OF 1094.74 FEET AND A CENTRAL ANGLE OF 2 DEGREES 04 MINUTES 10 SECONDS TO THE POINT OF INTERSECTION WITH ANOTHER CURVE CONCAVE TO THE SOUTHWEST AND WHOSE RADIUS BEARING SOUTH 77 DEGREES 34 MINUTES 47 SECONDS WEST; THENCE NORTHWESTERLY A DISTANCE OF 358.71 FEET ALONG THE ARC OF A CURVE HAVING A RADIUS OF 925.31 FEET AND A CENTRAL ANGLE OF 22 DEGREES 12 MINUTES 42 SECONDS TO A POINT ON THE NORTH LINE OF THE SOUTH 2,105 FEET OF THE EAST Y2 OF THE NORTHEAST Y4 OF SAID SECTION 19; THENCE NORTH 89 DEGREES 12 MINUTES 48 SECONDS EAST A DISTANCE OF 584.75 FEET PARALLEL WITH THE EAST-WEST CENTERLINE OF SAID SECTION 19 TO A POINT IN THE WEST RIGHT-OF-WAY LINE OF THE SEABOARD AIRLINE RAILROAD; THENCE SOUTH 00 DEGREES 27 MINUTES 36 SECONDS EAST A DISTANCE OF 366.23 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF THE SEABOARD AIRLINE RAILROAD; THENCE SOUTH 89 DEGREES 12 MINUTES 48 SECONDS WEST A DISTANCE OF 432.23 FEET PARALLEL WITH THE EAST-WEST CENTERLINE OF SAID SECTION 19 TO THE POINT OF BEGINNING. LESS HOWEVER, A PORTION OF THE NORTHEAST ONE-QUARTER (NE~) OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA AND BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 19; THENCE SOUTH 88 DEGREES 47 MINUTES 26 SECONDS WEST ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 19, A DISTANCE OF 944.74 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE AS RECORDED IN OFFICIAL RECORDS BOOK 1856, PAGE 679 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS LAID OUT AND IN USE; THENCE NORTH 00 DEGREES 52 MINUTES 38 SECONDS WEST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1401.92 FEET TO THE POINT OF CURVATURE IF A CIRCULAR CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 1094.74 FEET, AND A CENTRAL ANGLE OF 17 DEGREES 56 MINUTES 29 SECONDS; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 342.80 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG THE ARC OF SAID CURVE, HAVING A CENTRAL ANGLE OF 02 DEGREES 07 MINUTES 21 SECONDS, AND ARC DISTANCE OF 40.56 FEET TO A POINT ON A CURVE CONCAVE WESTERL Y, HAVING A RADIUS OF 925.31 FEET, AND A CENTRAL ANGLE OF 06 DEGREES 41 MINUTES 29 SECONDS, WHOSE RADIUS BEARS SOUTH 77 DEGREES 03 MINUTES 29 SECONDS WEST FROM SAID POINT; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND ALONG A PORTION OF THE EAST RIGHT-OF-WAY LINE OF CONGRESS AVENUE AS RECORDED IN OFFICIAL RECORDS BOOK 322, AT PAGE 372 AS LAID OUT AND IN USE OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA A DISTANCE OF 108.06 FEET TO A POINT ON A CURVE CONCAVE WESTERL Y, HAVING A RADIUS OF 1108.74 FEET AND A CENTRAL ANGLE OF 07 DEGREES 55 MINUTES 25 SECONDS, WHOSE RADIUS BEARS SOUTH 63 DEGREES 29 MINUTES 14 SECONDS WEST FROM SAID POINT; THENCE SOUTH 88 DEGREES 47 5 ORD. NO. 5-07 MINUTES 26 SECONDS WEST A DISTANCE OF 14.68 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA BEING MORE P ARTICULARL Y DESCRffiED AS FOLLOWS: COMMENCING AT THE QUARTER SECTION CORNER IN THE EAST LINE OF SAID SECTION 19; THENCE SOUTH 89027'44" WEST (ASSUMED) ALONG THE EAST-WEST QUARTER SECTION LINE OF SAID SECTION 19, A DISTANCE OF 945.09 FEET TO A POINT IN THE EAST RIGHT-OF-WAY OF CONGRESS AVENUE, THENCE NORTH 00012' 55" WEST ALONG THE EAST RIGHT -OF-WAY OF SAID CONGRESS AVENUE, AS SHOWN ON ROAD PLAT BOOK 4, PAGES 4, 66, 67 AND 68 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 1180.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL TO BE HEREIN DESCRffiED; THENCE CONTINUE NORTH 00012'55" WEST ALONG THE EAST LINE OF SAID CONGRESS AVENUE, A DISTANCE OF 221.24 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 1094.74 FEET AND A CENTRAL ANGLE OF 17056'29", A DISTANCE OF 342.80 FEET; THENCE NORTH 89027'44" EAST AND PARALLEL WITH THE EAST-WEST QUARTER SECTION LINE OF SAID SECTION 19, A DISTANCE OF 432.51 FEET TO A POINT IN THE WEST RIGHT -OF-WAY OF THE SEABOARD AIRLINE RAILROAD; THENCE SOUTH 00012'55 EAST ALONG SAID WEST RIGHT-OF-WAY LINE OF THE SEABOARD AIRLINE RAILROAD, A DISTANCE OF 558.77 FEET; THENCE SOUTH 89027'44" WEST AND PARALLEL WITH SAID EAST-WEST QUARTER SECTION LINE OF SAID SECTION 19, A DISTANCE OF 379.17 FEET TO THE POINT OF BEGINNING AFOREDESCRIBED. LESS AND EXCEPT THAT PORTION OF THE ABOVE DESCRIBED PROPERTY SET FORTH AS PARCEL 109 IN THAT STIPULATED FINAL JUDGEMENT FILED IN PALM BEACH CIRCUIT COURT UNDER CASE NO. CL-98-4197(AA) AND RECORDED IN OFFICAL RECORDS BOOK 5819, PAGE 401. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: THE NORTH 115.00 FEET OF THE FOLLOWING DESCRIBED PARCEL: A TRACT OF LAND LYING IN THE EAST HALF (E Y2) OF THE NORTHEAST QUARTER (NE ~) OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF SEABOARD AIRLINE RAILROAD AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE QUARTER CORNER IN THE EAST LINE OF SECTION 19, TOWNSHIP 46 SOUTH RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE WESTERLY ALONG THE CENTERLINE OF SAID SECTION 19, A DISTANCE OF 991.27 FEET, THENCE NORTHERLY, PARALLEL TO THE WEST RIGHT-OF-WAY OF SEABOARD AIRLINE RAILROAD, A DISTANCE OF 55.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTHERLY ALONG THE PRECEDING COURSE A DISTANCE OF 1125.00 FEET; THENCE EASTERLY, PARALLEL TO SAID CENTERLINE 6 ORD. NO. 5-07 OF SECTION 19, A DISTANCE OF 425.00 FEET TO A POINT IN THE WESTERLY RIGHT- OF-WAY LINE OF THE SEABOARD AIRLINE RAILROAD; THENCE SOUTHERLY, ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 1125.00 FEET; THENCE WESTERLY, PARALLEL TO AND 55.00 FEET NORTH (MEASURED AT RIGHT ANGLES) OF THE CENTERLINE OF SAID SECTION 19, A DISTANCE OF 425.00 FEET TO THE POINT OF BEGINNING, LESS THE WEST 46.00 FEET THEREOF. TOGETHER WITH: LEGAL DESCRIPTION OF PROPERTY LOCATED AT 785 SOUTH CONGRESS AVENUE DELRA Y BEACH, FLORIDA A TRACT OF LAND LYING IN THE EAST HALF (E Y2) OF THE NORTHEAST QUARTER (NE~) OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF SEABOARD AIRLINE RAILROAD AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE QUARTER CORNER ON THE EAST LINE OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE WESTERLY ALONG THE CENTERLINE OF SAID SECTION 19, A DISTANCE IF 991.27 FEET; THENCE NORTHERLY, PARALLEL TO THE WEST RIGHT-OF-WAY LINE OF SEABOARD AIRLINE RAILROAD, A DISTANCE OF 835.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTHERLY ALONG THE PRECEDING COURSE A DISTANCE OF 230.00 FEET; THENCE EASTERLY, PARALLEL TO SAID CENTERLINE OF SECTION 19, A DISTANCE OF 425 FEET TO A POINT ON THE WESTERLY RIGHT- OF-WAY LINE OF SEABOARD AIRLINE RAILROAD; THENCE SOUTHERLY, ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 230.00 FEET, THENCE WESTERLY, PARALLEL TO THE CENTERLINE OF SAID SECTION 19, A DISTANCE OF 425.00 FEET TO THE POINT OF BEGINNING. LESS THE WEST 46 FEET THEREOF. ALSO LESS THE FOLLOWING PARCEL: A PORTION OF THE NORTHEAST ONE-QUARTER OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DECRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 19; THENCE SOUTH 88047'26" WEST, ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 19 A DISTANCE OF 565.74 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF THE SEABOARD AIRLINE RAILROAD; THENCE NORTH 00052'38" WEST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 835.00 FEET; THENCE SOUTH 88047'26" WEST A DISTANCE OF 365.00 FEET TO THE POINT OF BEGINNING, THENCE SOUTH 88047'26" WEST A DISTANCE OF 14.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF CONGRESS AVENUE, AS RECORDED IN OFFICIAL RECORDS BOOK 1861, AT PAGE 1339, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AS RECORDED IN OFFICIAL RECORDS BOOK 1861, AT PAGE 1339 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS LAID OUT IN USE; THENCE NORTH 00052'38" WEST ALONG SAID EASTERLY RIGHT-OF WAY LINE A DISTANCE OF 230.00 FEET; THENCE NORTH 88047'26" EAST, A DISTANCE OF 14.00 FEET; THENCE SOUTH 00052'38" EAST, A DISTANCE OF 230.00 FEET TO THE POINT OF BEGINNING. 7 ORD. NO. 5-07 SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 3,220 SQUARE FEET MORE OR LESS. TOGETHER WITH: PORTIONS OF LOTS 9, 10, 16 AND 17, MODEL LAND COMPANY'S SUBDIVISION OF THE SOUTHEAST ONE-QUARTER (SE ~) AND EAST HALF (E Y2) OF THE NORTHEAST QUARTER (NE ~) OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK6, PAGE 53, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRffiED AS FOLLOWS: PARCEL No. I THE SOUTH 150.0 FEET OF THE NORTH 855.0 FEET OF THE WEST 325.0 FEET OF THE EAST 425.0 FEET OF THAT PART OF THE SOUTHEAST QUARTER (SE Y4) OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF THE SEABOARD AIRLINE RAIL WAY (NOW KNOWN AS THE CSX RAILWAY). LESS AND EXCEPT THE FOLLOWING PARCEL, TO WIT: A PORTION OF THE SOUTHEAST ONE-QUARTER (SE Y4) OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA AND BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THAT PARCEL OF LAND DESCRillED AS THE SOUTH 150.0 FEET OF THE NORTH 855.0 FEET OF THE WEST 325.0 FEET OF THE EAST 425.0 FEET OF THE PART OF THE SOUTHEAST QUARTER (SE Y4) OF SAID SECTION 19 LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF THE SEABOARD AIRLINE RAILROAD; THENCE NORTH 88047'26" EAST, A DISTANCE OF 49.00 FEET TO A POINT ON A CURVE CONCAVE EASTERL Y HAVING A RADIUS OF 5666.58 FEET, A CENTRAL ANGLE OF 01031'00", WHOSE RADIUS BEARS NORTH 89007'53" WEST FROM SAID POINT; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 150.01 FEET; THENCE SOUTH 88047'26" WEST, A DISTANCE OF 50.99 FEET TO A POINT ON THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE AS RECORDED IN OFFICIAL RECORDS BOOK 2450, PAGE 657, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS LAID OUT AND IN USE; THENCE NORTH 00052'07" WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING, AS DESCRillED IN RIGHT-OF-WAY WARRANTY DEED TO PALM BEACH COUNTY RECORDED IN OFFICIAL RECORDS BOOK 5566, PAGE 743 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. PARCEL II THE EAST 100.0 FEET OF THE SOUTH 150.0 FEET OF THE NORTH 855.0 FEET OF THE EAST 425.0 FEET OF THAT PART OF THE SOUTHEAST QUARTER (SE~) OF SECTION 8 ORD. NO. 5-07 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRA Y BEACH, PALM BEACH COUNTY, FLORIDA LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF THE SEABOARD AIRLINE RAIL WAY (NOW KNOWN AS C.S.x. RAILWAY). PARCEL No. III THE SOUTH 250 FEET OF THE NORTH 705 FEET OF THE EAST 425 FEET OF THAT PART OF THE SOUTHEAST QUARTER (SE Y4) OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF THE SEABOARD AIRLINE RAILWAY (NOW KNOWN AS CSX RAILWAY). LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL, TO WIT: A PORTION OF THE SOUTHEAST ONE-QUARTER (SE Y4) OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA AND BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF A LINE PARALLEL WITH AND 705.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES, TO THE NORTH LINE OF SAID SOUTHEAST ONE-QUARTER (SE ~) AND THE EAST RIGHT-OF-WAY LINE OF CONGRESS AVENUE AS RECORDED IN OFFICIAL RECORDS BOOK 2450, PAGE 657 OF THE OFFICIAL RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 00052'07" WEST ALONG SAID EAST RIGHT-OF-WAY LINE OF CONGRESS AVENUE, A DISTANCE OF 250.00 FEET; THENCE NORTH 88047'26" EAST, A DISTANCE OF 46.00 FEET; THENCE SOUTH 00052'07" EAST, A DISTANCE OF 249.99 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 5669.58 FEET, A CENTRAL ANGLE OF 0000'01" AND AN ARC DISTANCE OF 0.02 FEET; THENCE SOUTH 88047'26" WEST, A DISTANCE OF 46.00 FEET TO THE POINT OF BEGINNING, AS DESCRIBED IN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 5769, AT PAGE 879 AND IN FINAL JUDGEMENT RECORDED IN OFFICIAL RECORDS BOOK 6889, PAGE 1864 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: ALL OF "ARCHER LINPRO CENTER" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 64 AT PAGE 38 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: LEGAL DESCRIPTION: 19-46-43, E 379 FT OF S 800 FT OF N 1655 FT OF SE ~ L YG W OF SAL RR RfW (LESS WL Y 49FT CONGRESS AVE RD RfW). 9 ORD. NO. 5-07 TOGETHER WITH: ALL OF "CORPORATE TECH CENTER" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 47, PAGE 152 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: ALL OF "CORPORATE TECH CENTER PLAT No.2" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 54, PAGE 177 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: THE NORTH 66.5 FEET OF THE SOUTH 1406.7 FEET OF THE SOUTHEAST Y4 LYING BETWEEN THE S.A.L. RAILROAD RIGHT OF WAY AND CONGRESS AVENUE, ALL LYING IN SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. TOGETHER WITH GAP PARCELS NOS. 1, 2 AND 3 DESCRIBED ON SHEETS 1 THROUGH 6 ATTACHED HERETO AND MADE PART THEREOF. THREE PARCELS OF LAND LYING IN THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRA Y BEACH, PALM BEACH COUNTY, FLORIDA, SAID PARCELS OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: GAP PARCEL NO.1: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 30 ( CORNER LOCATION AND SOUTH LINE OF THE SOUTHEAST QUARTER AS DETERMINED BY THE PALM BEACH COUNTY ENGINEERING DEPARTMENT); THENCE N 89055'00"W (THE BEARINGS RECITED HEREIN ARE RELATIVE TO THE BEARING NOooI8'55"W AS SHOWN ON THE PLAT OF PALM COAST INDUSTRIAL PARK, PLAT BOOK 46 ON PAGE 14 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA FOR THE WEST RIGHT OF WAY LINE OF THE CSX RAILRAOD PREVIOUSLY KNOWN AS THE SEABOARD COASTLINE RAILRAOD), ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 30, A DISTANCE OF 703.40 FEET TO THE INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF THE CSX RAILROAD AS LAID OUT AND IN USE; THENCE NOooI8'55"W, ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 1342.92 FEET TO THE INTERSECTION WITH THE MONUMENTED NORTH LINE OF THE PLAT OF CORPORATE TECH CENTER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 47 ON PAGE 152 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE S89011 '30"W, ALONG SAID MONUMENTED NORTH LINE OF CORPORATE TECH CENTER ACCORDING TO A SURVEY ON FILE IN THE OFFICES OF PARAMOUNT ENGINEERING GROUP, INC. UNDER JOB NO. 2928 DATED 08/07/03, A DISTANCE OF 176.25 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE S89011 '30"W ALONG SAID MONUMENTED NORTH LINE, A DISTANCE OF 218.76 FEET TO THE INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF CONGRESS AVENUE AS DESCRlliED BY SAID PLAT OF CORPORATE TECH CENTER; THENCE NOooI8'55"W ALONG SAID EAST RIGHT OF WAY LINE OF CONGRESS AVENUE, A DISTANCE OF 10 ORD. NO. 5-07 3.34 FEET TO THE INTERSECTION WITH THE SOUTH LINE OF THE NORTH 66.5 FEET OF THE SOUTH 1406.7 FEET OF THE SAID SOUTHEAST QUARTER OF SECTION 30; THENCE S89056'00"E ALONG SAID SOUTH LINE, A DISTANCE OF 218.76 FET TO THE POINT OF BEGINNING. THE ABOVE DESCRffiED PARCEL OF LAND CONTAINS 365.44 SQUARE FEET, MORE OR LESS. TOGETHER WITH GAP PARCEL NO.2 COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 30 (CORNER LOCATION AND SOUTH LINE OF SOUTHEAST QUARTER AS DETERMINED BY THE PALM BEACH COUNTY ENGINEERING DEPARTMENT); THENCE N89055'00"W (THE BEARINGS RECITED HEREIN ARE RELATIVE TO THE BEARING N 00018'55"W AS SHOWN ON THE PLAT OF PALM COAST INDUSTRIAL PARK, PLAT BOOK 46 ON PAGE 14 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA FOR THE WEST RIGHT OF WAY LINE OF THE CSX RAILROAD PREVIOUSLY KNOWN AS THE SEABOARD COASTLINE RAILROAD), ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 30, A DISTANCE OF 703.40 FEET TO THE INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF THE CSX RAILROAD AS LAID OUT AND IN USE; THENCE NOoo18'55"W ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 1406.73 FEET TO THE POINT OF BEGINNING AND INTERSECTION WITH THE NORTH LINE OF THE NORTH 66.5 FEET OF THE SOUTH 1406.7 FEET OF THE SAID SOUTHEAST QUARER OF SECTION 30, THENCE N89056'00"W ALONG SAID NORTH LINE, A DISTANCE OF 6.04 FEET TO INTERSECTION WITH THE MONUMENTED SOUTH LINE OF THE PLAT OF PALM COAST INDUSTRIAL PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 46 ON PAGE 14 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N89011 '30"E ALONG SAID MONUMENTED SOUTH LINE OF PALM COAST INDUSTRIAL PARK ACCORDING TO A SURVEY ON FILE IN THE OFFICES OF PARAMOUNT ENGINEERING GROUP, INC. UNDER JOB NO. 2928 DATED 08/07/03, A DISTANCE OF 6.04 FEET TO THE INTERSECTION WITH THE SAID WEST RIGHT OF WAY LINE OF THE CSX RAILROAD; THENCE SOoo18'55"E ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 0.09 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.28 SQUARE FEET, MORE OR LESS. AND TOGETHER WITH GAP PARCEL NO.3: COMMENCE A THE SOUTHEAST CORNER OF SAID SECTION 30 (CORNER LOCATION AND SOUTH LINE OF THE SOUTHEAST QUARTER AS DETERMINED BY THE PALM BEACH COUNTY ENGINEERING DEPARTMENT);THENCE N89055'00"W (THE BEARINGS RECITED HEREIN ARE RELATIVE TO THE BEARING NOooI8'55"W AS SHOWN ON THE PLAT OF PALM COAST INDUSTRIAL PARK, PLAT BOOK 46 ON PAGE 14 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA FOR THE WEST RIGHT OF WAY LINE OF THE CSX RAILROAD PREVIOUSLY KNOWN AS THE SEABOARD COASTLINE RAILROAD), ALONG THE SOUTH LINE OF SAID SOUTHEST QUARTER OF SECTION 30, A DISTANCE OF 703.40 FEET TO THE INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF THE CSX RAILROAD AS LAID OUT AND IN USE; THENCE NOooI8'55"W ALONG SAID WEST RIGHT OF WAY LINE, A 11 ORD. NO. 5-07 DISTANCE OF 1517.15 FEET TO THE POINT OF BEGINNING AND INTERSECTION WITH THE MONUMENTED NORTH LINE OF THE PLAT OF PALM COAST INDUSTRIAL PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 46 ON PAGE 14 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE S89011 '30"W ALONG SAID MONUMENTED NORTH LINE OF PALM COAST INDUSTRIAL PARK, ACCORDING TO A SURVEY ON FILE IN THE OFFICES OF PARAMOUNT ENGINEERING GROUP, INC. UNDER JOB NO. 2928 DATED 08/07/03, A DISTANCE OF 395.01 FEET TO THE INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF CONGRESS AVENUE AS DESCRffiED BY SAID PLAT OF PALM COAST INDUSTRIAL PARK, THENCE NOooI8'55"W ALONG SAID EAST RIGHT OF WAY LINE OF CONGRESS AVENUE, A DISTANCE OF 2.73 FEET TO THE INTERSECTION WITH THE NORTH LINE OF SAID PALM COAST INDUSTRIAL PARK ACCORDING TO THE DESCRIPTION OF SAID PLAT; THENCE N89012'30"E ALONG SAID DESCRIBED NORTH LINE OF PALM COAST INDUSTRIAL PARK, A DISTANCE OF 395.01 FEET TO THE INTERSECTION WITH THE SAID WEST RIGHT OF WAY LINE OF THE CSX RAILROAD, THENCE SOoo18'55"E ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 2.62 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1057.04 SQUARE FEET, MORE OR LESS. TOGETHER WITH: ALL OF "PALM COAST INDUSTRIAL PARK" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 46, PAGE 14 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: A PARCEL OF LAND IN THE SOUTHEST QUARTER (SE 1/4) OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRA Y BEACH, PALM BEACH COUNTY, FLORIDA, MORE P ARTICULARL Y DESCRffiED 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 THE SEABOARD AIRLINE RAILROAD; THENCE SOUTHERLY, ALONG SAID RAILROAD RIGHT OF WAY LINE, 400.00 FEET; THENCE WESTERLY, PARALEL WITH THE SOUTH RIGHT OF WAY LINE OF S.W. 10TH STREET, 365.00 FEET TO A LINE 67.00 FEET EAST OF AND PARALLEL WITH THE CENTER LINE OF CONGRESS AVENUE AS SHOWN ON ROAD PLAT BOOK 4 AT PAGES 66 AND 67, PALM BEACH COUNTY PUBLIC RECORDS; THENCE NORTHERLY, ALONG SAID PARALLEL LINE, 250.00 FEET TO A LINE 150.00 FEET SOUTH OF AND PARALLEL WITH THE SAID SOUTH RIGHT OF WAY LINE OF S.W. 10TH STREET; THENCE EASTERLY ALONG SAID PARALLEL LINE, 90.00 FEET; THENCE NORTHERLY, AND PARALLEL WITH THE SAID CENTERLINE OF CONGRESS AVENUE 150.00 FEET TO THE SAID SOUTH RIGHT OF WAY LINE; THENCE EASTERLY ALONG SAID SOUTH RIGHT OF WAY LINE 275.00 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: 12 ORD. NO. 5-07 A PARCEL OF LAND IN THE SOUTHEAST CORNER (SE Y4) OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRA Y BEACH, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF S.W. 10TH STREET, ALSO KNOWN AS LOWSON BOULEVARD AND THE WEST RIGHT-OF- WAY LINE OF THE SEABOARD AIRLINE RAILROAD; THENCE WESTERLY ALONG THE SAID SOUTH RIGHT-OF-WAY LINE OF S.W. 10TH STREET, 275.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE WESTERLY ALONG THE SAID SOUTH RIGHT-OF-WAY LINE 65.14 FEET TO A CURVE CONCAVE SOUTHEASTERLY WITH A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 89 DEGREES 40 MINUTES 50 SECONDS, SAID CURVE BEING TANGENT TO SAID SOUTH RIGHT-OF-WAY LINE AND TANGENT TO A LINE 67.0 FEET EAST OF AND PARALLEL WITH THE CENTERLINE OF CONGRESS AVENUE, AS SHOWN IN ROAD PLAT BOOK 4, PAGES 66 AND 67; THENCE SOUTHWESTERLY ALONG THE CHORD OF SAID CURVE 35.26 FEET; THENCE SOUTHERLY, ALONG THE SAID LINE 67.0 FEET EAST OF THE CENTERLINE OF CONGRESS AVENUE, 125.14 FEET TO A LINE 150.00 FEET SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF S.W. 10TH STREET; THENCE EASTERLY ALONG SAID PARALLEL LINE 90.00 FEET; THENCE NORTHERLY AND PARALLEL WITH THE CENTERLINE OF CONGRESS AVENUE, 150.00 FEET TO THE POINT OF BEGINNING AFOREDESCRIBED. TOGETHER WITH: ALL OF "LINTON SQUARE" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 50, PAGE 110 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE RUN NORTH 89 DEGREES, 55 MINUTES, 53 SECONDS WEST 700.10 FEET ALONG THE SOUTH LINE OF SAID SECTION 30 TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF THE SEABOARD COASTLINE RAILROAD; THENCE RUN NORTH 00 DEGREES, 18 MINUTES, 55 SECONDS WEST 120.00 FEET ALONG SAID WEST RIGHT- OF-WAY LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF THE C-15 CANAL; THENCE RUN NORTH 89 DEGREES, 55 MINUTES, 53 SECONDS WEST 395.01 FEET ALONG SAID NORTH RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF CONGRESS AVENUE AS NOW CONSTRUCTED AND IN USE; THENCE RUN NORTH 00 DEGREES, 18 MINUTES, 55 SECONDS WEST 1393.85 FEET TO A POINT, WHICH IS THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00 DEGREES, 18 MINUTES, 55 SECONDS WEST 771.93 FEET ALONG SAID EAST RIGHT-OF-WAY LINE TO A POINT; THENCE RUN NORTH 89 DEGREES, 12 MINUTES, 30 SECONDS EAST 395.01 FEET TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF THE SEABOARD COASTLINE RAILROAD; THENCE RUN SOUTH 00 DEGREES, 18 MINUTES, 55 SECONDS EAST 771.93 FEET ALONG SAID WEST RIGHT-OF-WAY LINE TO A POINT; THENCE RUN SOUTH 89 DEGREES, 12 MINUTES, 30 SECONDS WEST 395.01 FEET BACK TO THE POINT OF BEGINNING. 13 ORD. NO. 5-07 TOGETHER WITH: ALL OF "CONGRESS PARK REPLAT" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 86 AT PAGE 29 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: ALL OF "CONGRESS PARK" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44 AT PAGE 194 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: ALL OF "CONGRESS PARK OFFICE," A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM, AS RECORDED ON O.R. BOOK 19762, PAGE 108, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: THE SOUTH 200.00 FEET OF THE NORTH 253.00 FEET OF THE WEST 248.00 FEET OF THE EAST 425.00 FEET OF THE PART OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF THE SEABOARD AIRLINE RAILWAY; LESS AND NOT INCLUDING THE FOLLOWING DESCRIBED PARCEL: BEGIN AT THE NORTHWEST CORNER OF THE AFORE DESCRIBED; THENCE SOUTHERL Y, ALONG THE WEST LINE OF THE ABOVE DESCRillED PARCEL, BEING THE EASTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE (S.W. 20TH AVE.), A DISTANCE OF 116.89 FEET; THENCE NORTHEASTERLY, MAKING AN ANGLE WITH THE PRECEEDING COURSE MEASURED FROM NORTH TO EAST, OF 16003'12", A DISTANCE OF 110.02 FEET; THENCE EASTERLY MAKING AN ANGLE WITH THE PRECEEDING COURSE, MEASURED FROM SOUTH TO EAST, OF 194046'41" A DISTANCE OF 217.75 FEET TO APOINT IN THE EAST LINE OF THE PARCEL PREVIOUSLY DESCRIBED; THENCE NORTHERLY, ALONG THE SAID EAST LINE, A DISTANCE OF 19.00 FEET TO A POINT IN A LINE 53.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 30; TOWNSHIP 46 SOUTH, RANGE 43 EAST, SAID PARALLEL LINE BEING THE SOUTH RIGHT-OF-WAY LINE OF S.W. 12TH STREET AS PRESENTLY LAID OUT: THENCE WESTERLY, ALONG SAID PARALLEL LINE, A DISTANCE OF 248.00 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: ALL OF "ATRIUM AT CENTRE DELRAY" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 42 AT PAGE 133 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: ALL OF "GARDENS AT CENTRE DELRAY" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 43 AT PAGE 49 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 14 ORD. NO. 5-07 TOGETHER WITH: ALL OF "ARBORS AT CENTRE DELRAY" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 43, PAGE 166 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: ALL OF "LAKESIDE AT CENTRE DELRAY REPLAT" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 77, PAGE 49 OF THE PUBLIC REOCRDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: ALL OF "TERRACES AT CENTRE DELRAY REPLAT" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 77 , PAGE 51 OF THE PUBLIC REOCRDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: ALL OF "CATALFUMO P.O.C. PLAT" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 77, PAGE 53 OF THE PUBLIC REOCRDS OF PALM BEACH COUNTY, FLORIDA. 15 ORD. NO. 5-07 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT --- January 22, 2007 IV. A. A City initiated Rezoning from rezoning from MIC (Mixed Industrial and Commercial), POC (Planned Office Center), CF (Community Facilities), PC (Planned Commercial), and PCC (Planned Commerce Center) to MROC (Mixed Residential, Office and Commercial) for properties generally located south of West Atlantic Avenue b~tween Congress Avenue and 1- 95 south to the City limits including Office Depot, Congress Park, and Congress Park South made up of 63 parcels totaling 225.50 acres. MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: Owner/Applicant............................... City of Delray Beach Agent................................................ City of Delray Beach Location............................................ Between Congress Avenue and 1-95 south to the City limits including the Office Depot, Congress Park, and Congress Park south sites. Property Size...............................;.... 225.50 aces, Existing Future Land Use Map CMR (Commerce),TRN (Transitional) Designations................................. CF(Community Facilities), and GC (General Commercial) Proposed City Future Land. Use Map CMU (Congress Avenue Mixed Use) DesignatiOn ................... ................... Existing City Zoning.......................... MIC (Mixed Industrial and Commercial) CF (Community Facilities), PC (Planned Commercial) , PCC (Planned Commerce Center) and POC (Planned Office Canter) Proposed City Zoning....................... MROC (Mixed Residential Office and Commercial Adjacent Zoning.................... North: City MIC (Mixed Industrial and Commercial) and GC (General Commercial) East: CD(Conservation District and 1-95 South: Boca - Mixed Use District West: OSR (Open Space and Recreational), OS (Open Space) and RM (Residential Medium Density) and R-1A (Highlands Subdivision) Existing Land Use............................. Office and Commercial corridor. Proposed Land Use.......................... Mixed use including office, commercial and residential. Water Service................................... Water service is available from various mains in the corridor ~ Sewer Service................................... Sewer service is available from various mains~ . in the corridor IV.A. . . The action before the Board is making a recommendation to the City Commission on a City initiated rezoning from MIC (Mixed Industrial and Commercial), POC (Planned Office Center), CF (Community Facilities), PC (Planned Commercial), and PCC (Planned Commerce Center) to MROC (Mixed Residential, Office and Commercial) for properties generally located south of West Atlantic Avenue between Congress Avenue and 1-95 south to the City limits including the Office Depot, Congress Park, and Congress Park South office complexes. The Rezoning actions involve 63 parcels totaling approximately 225.50 acres. Pursuant to Section 2.2.2(E) (6) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to the rezoning of any property within the City. The proposal involves 63 parcels, which are located within the Congress Avenue Corridor development area. Some of the lots are vacant while others contain general office uses, governmental office uses, industrial type uses, and commercial uses. A City initiated Comprehensive Plan amendment establishing the Congress Avenue Mixed Use Land Use Map category and changing the land use designation of parcels in the Congress Avenue Corridor was processed as part of Comprehensive Plan Amendment 2007-1. The mixed use category encourages a mixed of commercial, office, and residential uses, and established maximum thresholds for each type of use. In addition a LOR text amendment was approved by City Commission on December 5, 2006 which created a new zoning district called MROC (Mixed Residential, Office and Commercial) which will be applied to parcels having the new Congress Avenue Mixed Use (CMU) land use designation. The primary function of both the new land use category (CMU) and the new zoning district (MROC) is to attract Class A office development and to that end 100% of the sites designated mixed use can be developed with office and research and development type uses. General retail uses including direct support services and other retail uses would be limited to 20% of the overall building square footage. Multifamily development up to a maximum density of 40 units per acre, and 50 units per acre within 2,500 feet of the Tri Rail station are proposed. These would be limited to a maximum of 100%, 80% and 75% of building square footage depending on there distance from the Tri-rail station. A minimum of 20% of these residential units are to be workforce housing units, are to moderately priced units, and are subject to LOR Section 4.7. Buildings heights of a maximum of 85 feet are allowed. All floors above 42 feet are required to have facades offset and varied. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the land Development Regulations. Future land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future land Use Map. P & Z Staff Report - January 22, 2007 Meeting MROC Rezoning (Congress Avenue Corridor) A new zoning district will be consistent with the Congress Avenue Mixed Use (CMU) category being applied to these properties via Comprehensive Plan Amendment 2007-1. The rezoning will also be consistent with policies of the Comprehensive Plan which call for the creation of an overlay district for the Congress Avenue Corridor to facilitate and encourage development of Class A Corporate office space. The rezoning specifically implements Comprehensive Plan land Use Element and Housing Element policies which encourage provision of diverse housing opportunities i.e. workforce housing, and transit orientated housing through innovative development practices. The rezoning also implement the adopted Florida Public Officials Design Institutes report recommendations to establish a corridor overlay district to encourage mixed use development with commercial or office on the ground floor and residential above utilizing new urbanism design elements. The proposed FlUM Amendment 2007-1 (proposed adoption date of February 6, 2007) will assign a Future land Use Map designation of Congress Avenue Mixed Use (CMU) to these properties within the corridor. The proposed new zoning district MROC (Mixed Residential, Office and Commercial) District will be consistent with this CMU land Use Map designation. Based upon the above, a positive finding with respect to Future land Use Map consistency can be made. The remaining required findings of lOR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the land Development Regulations are discussed below. · Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposal involves rezoning properties from MIC (Mixed Industrial and Commercial), POC (Planned Office Center), CF (Community Facilities), PC (Planned Commercial), and PCC (Planned Commerce Center) to MROC (Mixed Residential Office and Commercial). The proposed rezoning will result in an increased impact on adopted concurrency standards. Concurrency findings with respect to Parks and Recreation, Schools, Solid Waste, Traffic and Water and Sewer are discussed below: Water and Sewer: Water and Sewer service is available to all properties in the corridor many from existing mains. With any development of these parcels, installation of water and sewer mains, fire hydrants, and drainage improvements must be accommodated. The location of these improvements will depend upon site design layout of any proposed development(s). The proposed rezoning to MROC will increase the demand on these public services; however, adequate capacity exists to accommodate the proposal. Pursuant to the Comprehensive Plan adequate water and sewer treatment capacity exists to meet the adopted level of service standards at the City's build-out. Thus, a positive finding with respect to this level of service standard can be made. Traffic: Congress Avenue is classified as a County Principal Arterial Road. Congress Avenue currently operates at level of Service "B" from West Atlantic Avenue to the C-15 canal. With individual developments a traffic study will be required and traffic concurrency must be met. The City has received a traffic study based upon the maximum potential density permitted for each and every parcel within the proposed CMU designation. When compared to the maximum development potential under the current zoning designations thesis new zoning category will not increase the traffic generated by the corridor. This information will be transmitted to DCA as part of the 2007-1 comprehensive Plan ORC report 2 P & Z Staff Report - January 22, 2007 Meeting MROC Rezoning (Congress Avenue Corridor) Drainaae: Any development of the site will be required to retain drainage on-site in compliance with South Florida Water Management District (SFWMD) requirements. There are no problems anticipated complying with SFWMD requirements. Parks and Recreation: The Open Space and Recreation Element of the Comprehensive Plan indicate in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards': A park impact fee is collected to offset any impacts that individual projects may have on the City's recreational facilities. Pursuant to land Development Regulations (lDR) Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each residential unit. Schools: A finding of School Concurrency will be required from the School District of Palm Beach County with future residential development within the corridor. No concerns are noted at this time. Solid Waste: The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2021, thus a positive finding with respect to this level of service standard can be made. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. · Consistency - As noted below the rezoning request is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. Further a finding of overall consistency may be made even though the action will be in conflict with some individual performance standards contained within Article 3.2, provided that the approving body specifically finds that the beneficial aspects of the proposed project (hence compliance with some standards) outweighs the negative impacts of identified points of conflict. A review of the Goals, Objectives and Policies of the Comprehensive Plan was conducted and the following is applicable to this rezoning action: Future land Use Element Obiective A-5 The City shall maintain its land Development Regulations, which shall be regularly reviewed and updated, to provide streamlining of processes and to accommodate planned unit developments (PUD), mixed-use developments, and other innovative development practices. These rezonings involve the application of a newly created mixed use zoning designation which promotes a mixed of office, support commercial, and a diversity of housing within the Congress Avenue corridor. Future land Use Element Policy A-1.9 The City shall create an overlay district for the Congress Avenue Corridor and the land Development Regulations shall be modified to facilitate and encourage the development of Class A corporate offices within the district. While this is not an overlay district it accomplishes the same goals Le. introducing mixed use development potential to the corridor. The creation of a mixed use land use map category and applying a new zoning designation is a much cleaner way to achieve this goal. Future land Use Element Obiective A-7 To encourage the provision of workforce housing in the City, the following policies shall be implemented. 3 P & Z Staff Report - January 22, 2007 Meeting MROC Rezoning (Congress Avenue Corridor) Housina Element Obiective B-2 Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies which will implement this objective include: The introduction of housing options to this corridor presents a great option to provide a variety of housing types with an emphasis on workforce and transit oriented housing. These rezonings also implements the adopted Florida Public Officials Design Institutes report recommendations to establish a corridor overlay district to encourage mixed use development with commercial or office on the ground floor and residential above utilizing new urbanism design elements. Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. The subject properties contain general office uses, governmental office uses, industrial type uses, commercial uses and vacant land. Redevelopment of these properties will occur in a manner which is compatible with the prevailing commercial corridor. Redevelopment under this new zoning designation will also fulfill remaining land use needs Le. Class A office space along with a diversity of housing including a transit orientated and workforce housing component. This redevelopment will also support development of mix of commercial and research and development type uses which are identified within the Comprehensive plan as the most needed in the City as we approach build out (Future Land Use Element Policy A1.3). Section 3.2.2 (Standards for Rezonina Actions): Standards A, B, C and E are not applicable. The applicable performance standards of Section 3.2.2 is as follows: (0) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following table identifies the zoning designations and uses that are adjacent to the subject property: Zonina Desianation: Use: North: General Commercial (GC), Planned Commercial (PC), and Medium Density Residential (RM) Open Space (OS), Open Space and Recreation (OSR), and Industrial (I) 1-95 Corridor Open Space Recreation (OSR), Open Space (OS), Planned Commercial (PC), Residential Medium Density (RM)and Single Family Residential (R-1A) Shopping Plaza, Gas Station, and Multifamily Residential Uses Golf Course, Park, and Hardrives South: East: West: Transportation Corridor Golf Course, Park, Shopping Center, and Single and Multifamily Residential Uses. 4 P & Z Staff Report - January 22, 2007 Meeting MROC Rezoning (Congress Avenue Corridor) The proposal will rezone 225.50 acres from MIC (Mixed Industrial and Commercial), POC (Planned Office Center), CF (Community Facilities), PC (Planned Commercial), and PCC (Planned Commerce Center) to MROC (Mixed Residential Office and Commercial). This district will allow a wide range of uses including Class A office development, general retail uses including direct support services and other retail uses and multifamily development. Given the potentially wide range of uses that can be accommodated under the new zoning designation, compatibility with similar adjacent uses is anticipated. Further, individual development proposals will be reviewed for compatibility during the processing of the Master Development Plans and the related site plans. Based upon the above, positive findings with regard to LOR Section 3.2.2(0) can be made. · Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. The mixed use corridor currently contains a mix of commercial, industrial, and office uses. To the east the corridor abuts Interstate 95, to the north and south other commercial! office uses within the City of Delray and Boca Raton, ands to the west by a mix of open space (Golf Course and Delray Oaks preserve) one single family subdivision and medium density housing. The related zoning district which will be applied to this land use category will promote Class A office and additional residential development. The introduction of these uses will be more compatible than the uses currently allowed. Internal compatibility between the mixes of uses will be addressed through the master plan process required in the new zoning district. Based upon the above, the proposed rezoning action is compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. · Compliance - Development under the requested designation will comply with the provisions and requirements of the land Development Regulations. All future development within the mixed use corridor shall comply with the provisions and requirements of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of the master plan and site plan required by the new zoning district regulations. Section 2.4.5(0) (5) (Rezonina Findinas): Pursuant to Section 2.4.5(0)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicable reasons for this rezoning are Band C. Reason B is met as there has been a change in circumstances which makes the current zoning categories inappropriate. The City's Comprehensive Plan and the Florida Public Officials Design Institutes report clearly change the development direction of the entire Congress Avenue 5 P & Z Staff Report - January 22, 2007 Meeting MROC Rezoning (Congress Avenue Corridor) Corridor. These rezoning changes are necessary to bring the zoning designations and the corridors future development potential consistent with the Comprehensive Plan's direction. Reason C has also been met as the requested zoning will be of similar intensity as allowed under the Future land Use Map categories that currently exist on the site. However, while potential intensity levels may not increase, the mix of uses will change to a much more desirable mix of uses that are consistent with the objectives and policies of the Comprehensive Plan. Therefore, as each of these reasons for approving a change is met, this rezoning to MROC should be approved. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: Neighborhood Advisory Council PROD President's Council Delray Oaks Sabal Pines East Crosswinds Andover Oakmont Sabal Pines South Public Notice: Formal public notice has been provided to the affected property owners as well as property owners within a 500' radius of the subject property. letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. These rezoning further the polices in the Comprehensive Plan which call for the creation of an overlay district for the Congress Avenue Corridor to facilitate and encourage development of Class A Corporate office space (Future land Use Element Policy A1.9). The amendment also implements Comprehensive Plan Future land Use Element Objective A-5 which encourage creation of mixed use developments and Housing Element policies that encourage providing diverse housing opportunities Le. workforce housing, and transit orientated housing through innovative development practices. The amendments also implement the adopted Florida Public Officials Design Institutes report recommendations to establish a corridor overlay district to encourage mixed use development with commercial or office on the ground floor and residential above utilizing new urbanism design elements. l - A. Postpone with direction. B. Move a recommendation of approval to the City Commission of the City initiated rezoning from MIC (Mixed Industrial and Commercial), POC (Planned Office Center), CF (Community Facilities), PC (Planned Commercial), and PCC (Planned Commerce Center) to MROC (Mixed Residential Office and Commercial) for properties generally located south of West Atlantic Avenue between Congress Avenue and 1-95 south to the City limits 6 P & Z Staff Report - January 22, 2007 Meeting MROC Rezoning (Congress Avenue Corridor) including the Office Depot, Congress Park, and Congress Park South office complexes by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(0)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission of the City initiated rezoning from MIC (Mixed Industrial and Commercial), POC (Planned Office Center), CF (Community Facilities), PC (Planned Commercial), and PCC (Planned Commerce Center) to MROC (Mixed Residential Office and Commercial) for properties generally located south of West Atlantic Avenue between Congress Avenue and 1-95 south to the City limits including the Office Depot, Congress Park, and Congress Park South office complexes upon failure to adopt the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(0)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. Move a recommendation of approval to the City Commission of the City initiated rezoning from MIC (Mixed Industrial and Commercial), POC (Planned Office Center), CF (Community Facilities), PC (Planned Commercial), and PCC (Planned Commerce Center) to MROC (Mixed Residential Office and Commercial) for properties generally located south of West Atlantic Avenue between Congress Avenue and 1-95 south to the City limits including the Office Depot, Congress Park, and Congress Park South office complexes by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(0)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachment: · LocationlZoning Map 7 ~~~Il~ ' CJ ~ 0 ~ =~ A, :rfm ~ ~ JY, oc I . ....... f= <J ,/ w'\ y- /' I ~ ~I~~ 1f')~" ~ 11 or t ,R1.~ I.I~J ~~ ~ me;___ - - It II qr=:....:;~ o - A'- r"JJ C. OSR J~ - RM LI f/ -\ ..:_- O$R CF CD il. f- s:ti \ : > ~ JlJj1t] J( m ~ 1= 1/ I ill ~,;;;;~ ~~\ If -) ~~ L-J '" ..... / Itf} ~ ~~~ I~Y(! ,1 ~[1 : !OSR F ~ / ~ ~~r;r [~ -~ ~~ ~II I iLl ~r'''' '~ ~~\ ~ ~ n , IqV 9U ..~L f ~ Y I "'f TT WI J Lt. ,.. ~~ ~~R-D ~ ~ ;..~ v{;r ~oo!~~ ~E>CF ~ PRM -- ~~ I ( ~. W t) / i ~::z::, ~ ~~ ~111 I It 11 --::::::: _~ .7'v^!1II II?~ ..!lIIy"""" --i;:[ IT ",J -R;:- ~ t= ~ I ' d. WI CF ifi -' ~#, CF =~~ __ ~ 11 MI ':f~::t= =-_ 1=':: RM. RM.__ ~ .... 1--------= ~ , I--il'~ ~ ~ -:::: I \I!~I = ~~ I ~cr~ "... ---.J W -=- -=" -::::" 9J Cf ( l- --=- I r-:;:I .......... _ -~: MICII'=='/i .. k?!-~ p~[IJ'''- ~- :~~1t1 ~ . ~~C I~ roc ~_ I"IAI I C [z ~~ 0::.::.- D } ':.=" "^~. ~ SAD I .:. "IJf: C;- : = r ~~ vI r- : } ~~~~I~ = !Sf--- I SAD )J M _CF l r , ~"..,. OSR I ~ r ..J, _~ ~ ~p..= I ~~ ,~.. AC1: -- 1. =:-J C D ~ a _....N: -- ... v.... {~; l1 I / ~ ~ CJ0 ~ ~~ ~ ~~\ -;( I:l-r--r-. 'H J- \~ -1J lYI /' \." l""Y Lr l- f- '" -" ---- ....::---. : ""\ I ~ -1" ----\\~ ~ :]A ; 1 CD - M_ =J/ '( PC;;- o\c-- ......- fL =: , I T1Jf ~~ rrD o S \I L IJ-i )?-" N - CONGRESS AVENUE MIXED RESIDENTIAL OFFICE AND COMMERCIAL (MROC) ZONING DISTRICT CITY OF DELRA Y BEACH. Fl PLANNING 01< ZONING DEPARTMENT - CONGRESS AVENUE CORRIDOR LOCATION MAP- -- DIGITAL BASE MAP SYSTEM -- MAP REF: LM952 -- July 31, 2006 Mayor Jeff Perlman City of Delray Beach 100 N.W. }51 Avenue Delray Beach, FL 33444 Re: .Cone.re" A"'ehQe Mixed Use ("eMU") FQtllre Land Use MaD ("FLUMt') Am~odl:lleM Dear Mayor Perlman: The Delray Beach City Commission has scheduled II public hearing on the abovew referenced Future Land Use Map Amendrnen! for AuguSt I, 2006 as pan of the City of Defray Beach Comprehensive Plan Amendment Round 2006~ 1. In that regard, we have reviewed the City's Planning and Zoning Board Staff Report dated July 17, 2006 associated with the CMU FLUM Amendmalt application and have the following comments in regf1rd to same. As you are aware, the City of Delray Beach entered into that certain Annexation Agreement dated December 5~ 1995 by and between George T. Elmore, as Trustee and the City affecting II 27.76 acre :l: property (a west parcel containing 15.53 acres::t: on the west side of Congress Avenue and an east parcel containing 12.23 a.cres ::!:: ea.st of Congress A venue), with the west parcel becoming the existing headquancrs fot Office Depot and the east parcel continuing as the general corporate headquarters and plant facility for Hardrives, Inc. ("Hardrives Parcel"). We are addressing our comments in this letter only to the l-:lardrives Parcel The Annexation Agreement provides for a clear delineation of the types of business and industrial uses that arc presently operating on and that B{e to be allowed to operate in the future on the Harorives Parcel, hours of operation approved for such business and industrial a.ctivities) site development parameters and other related matters guaranteeing the longwterm ownership, use and operation of the b\.lsiness and industrial useS and operations permitted for the property. The City's proposed Congress Avenue mixed use land use and subsequent Mixed Residential, Office and Conunel'cial District zoning rcgulations ("MROC") contemplate office and research. general retail and high density multi-family developrnent as part of the redevelopment plan for !he eMU area. We are requesting that in the adoption of the CMU land use amendment .and the MROC and zoning regulations that all parcels contiguous to the north, west and south of the Hardrives Parcel be: subject to planning criteria and land development regulations that provide safeguards to the Hard['ives Parcel and its operating uses and business activities from interference by residential development that might be allowed in the proximity of this industrial use. Such pr-evel1tive plenning and zoning requirements will prevent and/ol' rninimiz~ incompatibility of land use and development that will exist between the existing indusuial use and business activities and future residential uses. z\ ~\D') ~,~~~~\ ~\\j.L ~OO/r;QQ III Z:O'd IlIan1 Nll~I~ A3SlJ L8:Pl LOOl 5 qa~ 60~'tEBl3S ~v~ ~~ ~l LOo~/yor~Q . I ".- Mayor Jeff Perlman City of Delrey Beach July 31. 2006 Page 2 of2 Thank you for your attention to and inclusion of these recommendations in your eMU FLUM Amendmc;nt and subsequent MROC Mixed Residential, Office and Commercial District zoning and land development regulations. If you have any questions concerning this request or desire planning consultants and legal representatives of our c;ompany to participate in this process, please don't hesitate to contact me at your earliest convenience. Sincerely yours, HARDRIVES, INC. By: George T. Elmore, President xc: Council Members . David T. Harden, City MfJllager Paul Darling, Planning & Zoning Department C'M\ lC'flfll1tr 80"d ZlIBnl HI1~IJ ^]S~~ L8:~L LOOl S qa~ SOG~EEBL97 X~~ ~~.LL LOO~/~O/GO