Loading...
54-95 ORDINANCE NO. 54-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOCATED AT THE NORTHWEST CORNER OF CONGRESS AVENUE AND LAKE IDA ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; 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 Delray Beach, Florida, dated April, 1994, as being zoned POC (Planned Office Center) District; and WHEREAS, at its meeting of September 18, 1995, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at public hearing and voted 6 to 0 to recommend approval of the rezoning, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, 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: ~ That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of CF (Community Facilities) District for the following described property: A parcel of land lying in the East One-Half (E 1/2) of Section 7, Township 46 South, Range 43 East, lying in the City of Delray Beach, Palm Beach County, Florida; said parcel being more particularly described as follows: Commence at the Northeast corner of the aforesaid Section 7; thence run North 89 degrees 54' 30" West, an assumed bearing, along the North line of said Section 7, 60.00 feet to a point of intersection with the Westerly right-of-way line of Congress Avenue as laid out and now in use; thence run South 00 degrees 23 20" East along said West right-of-way line, 1222.27 feet to a point of curve, said curve being concave to the West having a radius of 3759.80 feet; thence run Southerly along said curve, through a central angle of 19 degrees 03' 45", an arc length of 1250 90 feet to the end of said curve; thence continue along said right-of-way line South 18 degrees 40' 25" West, 720.39 feet to the Point of the herein described parcel; thence continue along said right-of-way line South 18 degrees 40' 25" West, 514.41 feet to a point; thence South 22 degrees 29' 16" West along said right-of-way line 180.40 feet to a point; thence South 18 degrees 40' 25" West, 155.34 feet to a point; thence South 67 degrees 02' 20" West, 59.79 feet to a point in the North right-of-way line of Lake Ida Road, said point lying on a curve concave to the Southwest and having a radius of 1670.16 feet; thence from a tangent bearing North 64 degrees 35' 46" West, run Westerly along said curve; through an angle of 10 degrees 12' 54" an arc distance of 297.77 feet to a point; thence leaving said North line run North 18 degrees 49' 25" East, 761.43 feet to a point; thence North 90 degrees 00' 00" East, 373.61 feet to a point on the aforementioned West right-of-way line of Congress Avenue and the Point of Beginning. The subject property is located at the northwest corner of Congress Avenue and Lake Ida Road; containing 6.58 acres, more or less. Section 2. That the Planning Director of 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 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or Drovision 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 5. That this ordinance shall become effective immediately upon passage on second and final reading. - 2 - Ord. No. 54-95 PASSED AND ADOPTED in regular session on second and final reading on this the 24th day of October , 1995 ATTEST: First Reading October 10, 1995 Second Reading October 24, 1995 i' - 3 - Ord. No. 54-95 N.W. I~TH ST. N.W. lOTH RM LAKE IDA PLAZA N ~ ALZHEIMER HEALTH CARE SYSTEMS PLANNING c~rY OF DEL,qAY BEACH. FL -- D/CY/'A/ BASE ~ SY~F£~y -- MEMOR~d1DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # /0C - MEETING OF OCTOBER 24, 1995 PUBLIC HEARING FOR ORDINANCE NO. 54-95 DATE: OCTOBER 20, 1995 This is second reading and public hearing for Ordinance No. 54-95 rezoning a 6.58 acre parcel of land located at the northwest corner of Congress Avenue and Lake Ida Road from POC (Planned Office Center) District to CF (Community Facilities) District. This rezoning request is proposed to accommodate an adult day care facility and an Adult Congregate Living Facility (ACLF) serving Alzheimer's patients, along with an office structure housing accessory administrative functions. A conditional use approval for the ACLF and a site and development plan for the entire site will be reviewed subsequent to rezoning. At its meeting of September 18, 1995, the Planning and Zoning Board considered this item and voted to recommend approval by a unanimous 6-0 vote. At first reading on October 10, 1995 the Commission passed the ordinance by a vote of 5-0. Recommend approval of Ordinance No. 54-95 on second and final reading. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY Mg2Xl'AGER~ SUBJECT: AGENDA ITEM ~ /~ ' - MEETING OF OCTOBER 10, 1995 ORDINANCE NO. 54-95 DATE: OCTOBER 6, 1995 This is first reading of Ordinance No. 54-95 rezoning a 6.58 acre parcel of land located at the northwest corner of Congress Avenue and Lake Ida Road from POC (Planned Office Center) District to CF (Community Facilities) District. This rezoning request is proposed to accommodate an adult day care facility and an Adult Congregate Living Facility (ACLF) serving Alzheimer's patients, along with an office structure housing accessory administrative functions. A conditional use approval for the ACLF and a site and development plan for the entire site will be reviewed subsequent to rezoning. At its meeting of September 18, 1995, the Planning and Zoning Board considered this item and voted to recommend approval by a unanimous 6-0 vote. Recommend approval of Ordinance No. 54-95 on first reading. If passed, public hearing on October 24, 1995. CITY COMMISSION DOCUMENTATION TO: ~AxVlD T. HARDF-~,,, CITY MANAGER THRU: FROM: ,JE~,ERKJ, lqS, SENIOR PLANNER SUBJECT: MEETING OF OCTOBER 10, 1995 REZONING OF A 6.58 ACRE PARCEL OF LAND (ALZHEIMER'S ASSQCIATION PROPERTY) FROM POC (PLANNED OFFICE CENTER) TO CF (COMMUNITY FACILITIES). ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is approval on first reading of a rezoning from POC (Professional Office Center) to CF (Community Facilities). The subject parcel is a 6.58 acre vacant parcel that is located at the northwest corner of Lake Ida Road and N. Congress Avenue. BACKGROUND: The subject property was annexed into the City of Delray Beach prior to 1976 and has undergone a number of zoning changes. The property has been zoned POC since the Citywide rezonings associated with the adoption of the Land Development Regulations in 1990. This rezoning request is proposed to accommodate an adult day care facility and an ACLF serving AIzheimer's patients, along with an office structure housing accessory administrative functions. A conditional use approval for the ACLF and a site and development plan for the entire site will be reviewed subsequent to rezoning. For additional background and a full analysis of the request, see the attached Planning and Zoning Board Staff report. PLANNING ANDZONING BOARDCONSIDERATION: The Planning and Zoning Board Considered this item at its meeting of September 18, 1995 and unanimously (6 to 0) recommended approval. Two members of the public (Helen Coopersmith of PROD, Start Scalero of Rainberry Lakes Homeowners Association) spoke in support of the rezoning. Mr. Scalero also stated his group's objection to the inclusion of access to Lake Ida Road from the proposed facility. That item will be considered with the conditional use and site plan. RECOMMENDED ACTION: By motion, approve on first reading a rezoning from POC (Professional Office Center) to CF (Community Facilities), for a 6.58 acre vacant parcel located at the northwest corner of Lake Ida Road and N. Congress Avenue. Attachment: 0 P&Z Staff Report PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: September 18, 1995 AGENDA ITEM: V.D. ITEM: Rezoning from POC (Planned Office Center) to CF (Community Facilities) to accommodate an adult day care facility and an ACLF, located at the northwest corner of N. Congress Avenue and Lake Ida Road. 121 / 7 / /. GENERAL DATA: Owner ...................... ; ........................... Alzheimer's Association Greater Palm Beach Area Chapter Agent .................................................... John Shoup Shoup/McKinley, Architects Location ................................................ Northwest corner of N. Congress Avenue and Lake ida Road Property Size ........................................ 6.58 Acres Future Land Use Map .......................... Transitional Current Zoning ..................................... POC (Planned Office Center) Proposed Zoning ................................. CF (Community Facilities) Adjacent Zoning ......................... North: PRD (Planned Residential Development) East: PCC (Planned Commerce Center) South: PC (Planned Commercial) West: PRD Existing Land Usel .............................. Vacant. Proposed Land Use ............................. Rezoning from POC to CF to accommodate an adult day care center and an ACLF. Water Service ....................................... Existing" water main in Rainberry Lakes Drive. Existing 8" water main in Congress Avenue Existing 12" water main in Lake Ida Road. Sewer Service ...................................... Existing 8" sewer main in Rainberry Lakes Drive. V.E). The item before the Board is making a recommendation on a rezoning request from POC (Professional Office Center) to CF (Community Facilities). The subject parcel is a 6.58 acre vacant parcel that is located at the northwest corner of Lake Ida Road and N. Congress Avenue. The proposed rezoning will accommodate the construction of an adult day care facility for Alzheimer's disease patients, an administrative and training center, and an Adult Congregate Living facility for Alzheimer's patients. If the rezoning is approved, a conditional use approval for the ACLF by the City Commission and a site and development plan approval by the Site Plan Review and Appearance Board will be required. The subject property is a 6.58 acre vacant parcel. The property, was annexed into the City of Delray Beach prior to 1976. The parcel was designate(] with several different residential zoning districts between 1976 and 1984. ; In 1984 the Planning and Zoning Department received applications for a Land Use Plan amendment and rezoning of the property from PRD-4 to POI (Professional Office Institutional), conditional use approval for a drive-through bank, and site plan approval for a 54,712 square foot professional office development and a drive through bank. The applications were approved in 1984, but the development' was not constructed and the conditional use and site plan approvals expired. In 1992 the Planning and Zoning Department received applications for a rezoning of a 1.70 acre portion of the property from POC to NC (Neighborhood Commercial) and a conditional use request for the establishment of a service station and convenience store on that 1.70 acres. In response to the concerns of area residents regarding the use, the remaining 4.88 acres would have been donated to the Rainberry Lakes Homeowner's Association to be maintained as a recreation area. The rezoning and conditional use requests were denied by the City Commission. In August 1995 the Planning and Zoning Department received an application for rezoning of the parcel from POC to CF. The rezoning is proposed to accommodate a 25 person adult day care facility serving people who suffer from Alzheimer's disease and an 120 bed Adult Congregate Living Facility for Alzheimer's patients. A 7,000 square foot office structure housing administrative functions accessory to the principal uses, parking facilities, and landscaping would also be included on the site. No sketch Planning and Zoning Board Staff Report Alzheimer Health Care Systems - Rezoning Request from POC to CF Page 2 plan for the proposed development was submitted with this application. A conditional use approval for the ACLF and a site and development plan for the site will be reviewed subsequent to rezoning. REQUIRED FINDINGS: (Cha_Dter :3): Pursuant to Section 3.1.] (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 following four areas. Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the .land use designation. Adult day care is a permitted use in the proposed CF zoning district. An ACLF is listed as a conditional use in the CF district. The administrative office function is not specifically listed as a permitted or conditional use. However, the applicant has indicated that the office use is accessory to the principal adult day care and ACLF functions. The CF zoning district is consistent with the property's Transitional Future Land Use Map designation. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water: Water Service is available to the site via a 12 inch water main in Lake Ida Road. Per the Comprehensive Plan, treatment capacity is available at the City Water Plant for the City at build-out. The nearest existing fire hydrant is located at the northeast corner of Congress Avenue and Lake Ida Road, across from the parcel. Additional fire hydrants will be required with site and development plan approval. Fire flow information for the hydrant may also be required with the site plan. Sewer: The nearest available sewer service is an 8 inch main located in Rainberry Lakes Drive adjacent to the northwest corner of the property. Connecting to that sewer main Planning and Zoning Board Staff Report Alzheimer Health Care Systems - Rezoning Request from POC to CF t Page 3 will require an easement from the Rainberry Lakes Homeowner's Association for work on their property. If connection to that main is not possible, the development may require a main extension to an existing lift station located approximately 900 feet north of the property. Per the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Positive findings regarding sewer service will be also be required at the time of site plan approval. Streets and Traffic: With a rezoning application, traffic concurrency is evaluated based on the most intense use possible under the existing and proposed zonings, rather than on the particular proposed use. Based on development of the parcel with its maximum potential u~der POC zoning - medical office structure with a floor area ratio (FAR) of 0.3 the site would generate approximately 3,054 average daily trips (ADT). Based on development of the parcel with its maximum potential under CF zoning (Hospital at a FAR of 0.3) the site would generate approximately 2,533 average daily trips ADT. The calculations for those figures are included as Appendix "A" The applicant ha~ also provided traffic generation numbers for the adult day care and ACLF uses indicating that future development on the site will generate 547 ADT. In any case, the rezoning will result in a net reduction in potential trip generation for the site. Positive findings for traffic concurrency and acceptance of the submitted traffic study by Palm Beach County Engineering will be required at the time of conditional use and site plan approval. Solid Waste: The maximum solid waste generation under the current zoning would be approximately 464,330 lbs. per year (5.4 Ibs./s.f./year * 85,987 s.f.) according to generation rates established by the Solid Waste Authority. The maximum generation under the proposed zoning would be 1,070,000 lbs. per year (10.7 Ibs./s.f./year * 100,000 s.f.) for a 100,000 square foot school. The Solid Waste Authority indicates that it has existing capacity for all projects accounted for by current FLUM designations. As there is no change in the FLUM, the SWA has adequate capacity to serve the development. Consistency: Compliance with performance standards set forth in Chapter 3.1.1 along.with required findings in Section 2.4.5(E)(5) (Rezoning Findings) and Section 3.3.2 (Standards for Rezoning Actions) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making of a finding of overall consistency. Planning and Zoning Board Staff Report Alzheimer Health Care Systems - Rezoning Request from POC to CF Page 4 Chapter 3 findings include the required findings of Section 3.1.1 (Future Land Use Map, Concurrency, Compliance with LDRs and Consistency). These Chapter 3.1.1 findings are discussed in other sections of the report. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, 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 a_opropriate for the property based upon circumstances particular to the site and/or neighborhood. .., The appropriate reason for the proposed rezoning is "c," based on the following: The FLUM designation for the property is Transitional which permits office uses, neighborhood commercial uses (maximum of 2 acres), and medium density residential. The existing zoning for the property is POC, which would permit various office uses, as well as adult day care as a conditional use. The.proposed uses of the property: an ACLF and an adult day care center are similar in intensity to office uses, in terms of operating hours, type of structure, and parking requirement. Due to the lower traffic generation rates of the proposed uses and the quasi-residential nature of an ACLF, the proposed zoning will be more appropriate in this location, which is directly adjacent to two existing residential developments. The proposed uses of the property will also allow for an intermediate intensity development between those residential properties and the retail and industrial properties across Congress Avenue and Lake Ida Road. Section 3.3.2 (Standards for Rezoning Actions): The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses 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 subject property is currently zoned POC. The property is directly adjacent to an existing residential development zoned PRD (Planned Residential District) on the north and west. Properties to the south and east are zoned PC Planning and Zoning Board Staff Report Alzheimer Health Care Systems - Rezoning Request from POC to CF Page 5 (Planned Commercial) and PCC (Planned Commerce Center) and developed with a mix of commercial, office, and industrial. A vacant property zoned PCC is located to the southeast of the subject property. According to the Comprehensive Plan, areas designated Transitional on the Future Land Use Map can "In some instances...provide for a transition between less intensive residential use and commercial uses." This is the function that would be provided by the subject parcel Under the development proposal associated with the rezoning. The CF zoning designation is appropriate for the Transitional FLUM designation and for this site. The zoning change and associated development proposal will result in land uses that are compatible with adjacent parcels and not adversely affect the compatibility of the property with adjacent uses. Standards "A," "B," and "C" do not apply to this property. Comprehensive Plan Items: A review of objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policies were found: Conservation Policy B-2.1 The submission of a biological· survey and a habitat analysis shall accompany land use requests for plan ar~endments, rezonings and site plan approval. However, the requirement shall not apply...where it is apparent that there are not such resources. Conservation Policy B-2.3 A tree permit shall be necessary to remove or destroy any tree which has a diameter of four inches or greater on other than single family lots. The subject property is a site which has been extensively cleared and is infested with - exotic species. No significant environmental resources are present on the site. However, a number of trees with diameters of greater than four inches exist on the site. ^ tree survey showing all trees on the site with a trunk diameter of 4 inches or more, measured 4 1/2 feet above the ground has been submitted for the parcel. Identification of trees to be preserved, removed, or relocated will be required with the site plan. Transportation Policy D-1.1 All new development shall provide for the installation of sidewalks or otherwise accommodate pedestrian traffic so that a pedestrian does not have to use vehicular travelways to access common areas or neighboring properties. No sidewalks are proposed with the rezoning application. Installation of sidewalks on- site and in the Lake Ida Road ROW will be required at the time of site plan approval. Compliance with Land Development Regulations: The proposed use is to be in compliance with the Land Development Regulations. Planning and Zoning Board Staff Report Alzheimer Health Care Systems - Rezoning Request from POC to CF Page 6 Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. The applicant has not submitted a sketch plan with this proposal. Submission of a sketch plan will be required with the conditional use application. LDR Section 4.3.3(F) Adult Day Care Facilities: Pursuant to Section 4.3.3(F) the following specific LDR requirements apply to the proposal. Lot Area: The minimum lot area shall be 7,500 square feet. This site contains 6.58 acres. ,,' The development proposal is not located in an area which requires review by the CRA (Community Redevelopment Agency) or the Downtown Development Authority. NEIGHBORHOOD NOTICE: Formal public notice has been provided to the property owners within 500' radius of the subject property. Letters of objection, if any are received, will be presented at the Board meeting. Courtesy notices have been sent to: Helen Coopersmith Lillian Feldman PROD United Property Owners Bernard Schneider Muriel Brooks Chatelaine Pines of Delray North Charlotte Lees Bernice Pernhall Lake Ida Property Owners Rainberry Bay Alice Finst Roger Kalter Chatelaine Rainberry Lake Thomas Mook Jack Kellerman Sudan High Point who have requested notification of petitions in that area. Planning and Zoning Board Staff Report AIzheimer Health Care Systems - Rezoning Request from POC to CF Page 7 The proposed rezoning will somewhat reduce the potential development intensity for a parcel directly adjacent to residential properties on two sides. The rezoning will allow for an intermediate intensity development between residential an nearby commercial, without undue impact on the residential area. Positive findings can be made regarding LDR Section 3.1.1 (Required Findings), LDR Section 3.3.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(C)(5) (Rezoning Findings). Therefore, the proposed rezoning can be recommended for approval based on the positive findings outlined in this report. A. Continue with direction. B. Recommend rezoning of the subject parcel, based on positive findings with respect to Section 2.4.5(D)(1) (rezoning findings), Section 3.1.1, and the performance standards of Section 3.3.2. C. Recommend denial of the rezoning request based on a failure to make positive findings. "'""":'":'""'"'"'""'"':'" ............ "'~':':':";:'"':'"':"":+':""":'": '"":":':':~':'"'"'"':"'""~':'":'"~" "~:':"'":'"'"':~"'""'~" '"'"":" :':'""?":'"' :'": .......... :':':"<"" '"':':':':'?":':'":':':"'"":'~:"':'"'::"~':':~'il?i'i?d','~ ":':'<':':'<'"'<':T?hT'h?T??h~'i?i'T%?d'rt'¢~<''''=''/'':--°'~ Recommend approval of the rezoning request from POC (Planned Office. Center) to CF (Community Facility) for the parcel described in Appendix "B", based upon positive findings with respect to Section 3.1.1 .(Required' Findings) and Section 3.3.2 (Standards for Rezoning Actions) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(D)(5). Attachments: ~! Appendix "A" [] Appendix "B" [] Location Map [] Survey Report prepared by: Jeff Perkins, Senior Planner U:\PERKINSJ\PLZN~LZHEIM.DOC APPENDIX "A" Traffic Calculations for POC and CF Uses Based on the Institute of Traffic Engineers Traffic Generation Manual, 5th ed. POC Zoning Medical Office Structure FAR = 0.3 T = Average Daily Trips X = Square Feet 6.58 acres * 43,560 s.f./acre = 286,625 s.f. 286,625 * 0.3 = 85,987 s.f. Ln('l') = 1.178 Ln(x) + 2.777 Ln('l-) = 1.178 Ln(85.987) + 2.777 Ln(T) = 1.178(4.454) + 2.777 Ln(T) = 5.247 + 2.777 Ln(T) = 8.024 T = 3,054 CF Zoning Hospital FAR = 0.3 Ln(T) = 0.591 Ln(x) + 5.205 Ln(T) = 0.591 Ln(85.987) + 5.205 Ln(T) = 0.591(4.454) + 5.205 Ln(T) = 2.632 + 5.205 Ln(T) = 7.837 T = 2,533 APPENDIX "B" Legal Description A parcel of land lying in the East one-half of Section 7, Township 46 South, Range 43 East, lying in the City of Delray Beach, Palm Beach County, Florida, said parcel being more particularly described as follows: Commence at the Northeast corner of the aforesaid Section 7; thence run North 89° 54'30" West, an assumed bearing, along the North line of said Section 7, 60.00 feet to a point of intersection with the Westerly right-of-way line of Congress Avenue as laid out and now in use; thence run South 00° 23'20" East along said West right-of-way line, 1222.27 feet to a point of curve, said curve being concave to the West having a radius of 3759.80 feet; thence run Southerly along said curve, through a central angle of 19° 03'45", an arc length of 1250.90 feet to the end of said curve; thence continue along said right-of-way line South 18° 40'25" West, 720.39 feet to the Point of the herein described parcel; thence continue along said right-of-way line South 18° 40'25" West, 514.41 feet to a point; thence South 22° 29'16" West .along said right-of-way line 180.40 feet to a point; thence South 18° 40'25" West 155.34 feet to a point; thence South 67° 02'20" West 59.79 feet to a point in the North right-of-way line of Lake Ida Road said point lying on a curve concave to the Southwest and having a radius of 1670.16 feet; thence from a tangent bearing North 64° 35'46" West, run Westerly along said curve; through an angle of 10 12'54" an arc distance of 297.77 feet to a point; thence leaving said North line run North 18° 40' 25" East, 761.43 feet to a point; thence North 90 00'00" East, 373.61 feet to a point on the aforementioned West right-of-way line of Congress Avenue and the Point of Beginning, located at the northwest corner of Lake Ida Road and Congress Avenue. - ~ ORDINANCE OF THE CiTY ~1~1~ OF T~E CTTY OF DELRAY ~CH, FLORIDA, REZ~iNG AND ~C~G ~ND PRESENTLY CENTER} D(STRICT ~g THE CF (~UNITY FACILITIES) D~ TRig; ~ID ~0 BEI~G L~AT- ED AT THE gORT~EST C~ER ~ ~GRE~ AVENUE A~O ~KE I~ ~D ~ ~E PART,CUbA. LY ~RIBED HERE~; ~gDI~ ~I~G ~P OF DEL- ~Y BEACH, FL~IDA, I~; VIDlgG A GENERAL REPEALER ~USE, A ~VI~G CLAUSE, ~ EFFECTIVE kg ORDINATE ~ THE CiTY C~ ~1ON OF THE CITY OF DELRAY ~ACH, FL~IO~ REZONING AND ~CING ~ND PRESENTLY ~EO R-I~ (S~NGLE F~LY THE C)TY RESf~NT~AL~ D~STR~CT i~ T~E ~END~NG ~CTiOH CF (C~UNI~ FACILITIES) Dt~ ~ULTIPLEA~M ~LFU~C. TRICT; ~ID ~ND BEI~ L~AT- T~S O~ F~E A~R~ DE- ED AT THE ~UTHWEST C~NER C~RED A ~BLIC ~ ~.W. 3RD AVENUE AND N.W. ~E C~GE~, ~UBSECTJO~ ~D STREET, ~ ~E PA~TtCU- Ilar(B), TO REVISE THE FEE ~RLY DESCRIBED HEREIN; AND ~HEDULE FOR RES~NSES ~NDING ~ONING ~P OF DEL- FA~E A~; PROVIDING A RkY BEACH, FLORIDA, lW~; PR~ ~VI~ C~USE, k GENERAL RE- VIOI~ k GENERAL REPEALER ~ALER C~USE, AND AN EFFEC- C~USE, A ~VING C~USE, AND TIVE~TE. AN EFFECTIV~ DATE. ~ ~OINAKE OF THE CiTY CO~ ~l~lOfl OF THE CITY OF DEL~Y ~CH, FLORIDA, REZ~/NG AND P~CING ~ND P~ESENTLY ~SlDENTIAL) DISTRICT tN THE CF IC~UNiTY FACILITIES) DID M M ~' T~ C~ ~ ~ ~ide TRICT; ~ID ~ND BEING L~T- F.S.~. ~ ~ THE ~UTH SIDE OF ~KE I~ ROAD, WEST OF AND ADJA- CENT TO THE C~UN~TY CHILD CITY OF OELRAY BEACH ~RE CENTER, AS MORE PARTIC- U~RLY DESCRIBED HEREIN; C~ C~k AND ~ENOING ~ONING MAP OF ~L~Y BEACH, FL~IDA, ~; ~: ~VIDING A GENERAL REPEAL- E~ C~USE, A ~VING C~USE, A~RN EFFECTIVE DATE. AN ORDINANCE OF THE CiTY C~ ~1~ ~ THE CITY OF DELRAY I~CH, FLORt~ ~ENDING SEC- TION 2.4.3(K)[7), ~XCEPTIONS', OF THE ~ND ~VELOPMENT REGU* ~TI~5 OF THE CITY OF DELRAY ~CH, TO PROVIDE CRITERIA ~R THE WAIVER OF DEVELOP- ~NT APPLI~TION, P~N CHECK ~ ~RMIT FEES FOR ELIGIBLE ~PROFIT AND SERVICE ~GA- ~AL REPEALER C~USE, A ~ViNG C~USE, AND AN EFFE~IVE DATE. ~ ~DINANCE OF THE C~TY C~ ~1~ OF THE ClT~ ~ OELRAY B~CH, FLORI~, ~NOING ~EC. T~ 2.4.2, ~TiC~ RE~IRE. ~NTD, OF THE ~NO DEVELOP- ~NT REG~TI~S OF THE CITY ~ ~LRAY BETH, BY REPEAL- E~IRE~, AND E~ACTI~G A NEW TO ~FO~ ~TICE R~RE- .~ FOR CERTAIN ~D DE- ~PMENT AP~I~TIO~S ~TH $TATUTORY ~EOUIR~ENTS; ~IDING ~ GENERAL REPeL- ER C~USE, A ~VING C~USE, AND AN EFFECTIVE DATE, A~ ~DINA~E ~ THE CITY C~ ~ ~ THE CITY ~ DELRAY 'I~CH, FL~I~ ~END~NG ~E~ 11~ 'A~RM STSTEMS', ~ THE CODD O~ O~DINANCES O~