55-95 ORDINANCE NO. 55-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL)
DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT;
SAID LAND BEING LOCATED AT THE SOUTHWEST CORNER OF
N.W. 3RD AVENUE AND N.W. 3RD STREET, 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 R-1-A (Single Family Residential) 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 of the of
Map
City
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:
The East Half of Block 34, except the South 96 feet
of the North 144 feet thereof, in Linton, now Delray
Beach, Palm Beach County, Florida; less the South 112
feet of the West 77.5 feet of the East 97.5 feet of
Block 34, and the South 112 feet of the East Half of
Block 34 less the East 97.5 feet thereof, Town of
Linton (now Delray Beach), Florida, according to the
Plat thereof on file in the office of the Clerk of
the Circuit Court in and for Palm Beach County,
Florida, in Plat Book 1, Page 3.
Together with:
The South 96 feet of the North 144 feet of the East
135 feet of Block 34, Town of Delray Beach, Florida.
The subject property is located at the southwest
corner of N.W. 3rd Avenue and N.W. 3rd Street;
containing 1.52 acres, more or less.
~_~ 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 ! hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
~ 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 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 24th day of October . , 1995.
ATTEST:
First Reading October 10, 1995
Second Reading October 24, 1995
- 2 - Ord. No. 55-95
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ /0 '~.- MEETING OF OCTOBER 24, 1995
PUBLIC HEARING FOR ORDINANCE NO. 55-95
DATE: OCTOBER 20, 1995
This is second reading and public hearing for Ordinance No. 55-95
which rezones a 1.52 acre parcel of land from R-1-A (Single
Family Residential) District to CF (Community Facilities)
District. The subject property is located west of N.W. 3rd
Avenue, between Martin Luther King, Jr. Boulevard and N.W. 3rd
Street.
The purpose of the rezoning is to accommodate the establishment
of a private school as an accessory use to the existing Seventh-
Day Adventists Church which is located on the east side of N.W.
3rd Avenue. The school is currently operating in the church, but
has outgrown that facility. The anticipated enrollment is 250
students, serving kindergarten through 12th grade.
The Planning and Zoning Board considered this matter at public
hearing on September 18, 1995, and voted unanimously (6-0) to
recommend that the rezoning be approved. At first reading on
October 10, 1995 the Commission passed the ordinance by a vote of
5-0.
Recommend approval of Ordinance No. 55-95 on second and final
reading.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM ~ /~'~J'- MEETING OF OCTOBER 10, 1995
FIRST READING FOR ORDINANCE NO. ~$-95
DATE: OCTOBER 5, 1995
This is first reading for Ordinance No. 55-95 which rezones a 1.52
acre parcel of land from R-1-A (Single Family Residential) District
to CF (Community Facilities) District. The subject property is
located on the west side of N.W. 3rd Avenue, between Martin Luther
King, Jr. Boulevard and N.W. 3rd Street.
The purpose of the rezoning is to accommodate the establishment of
a private school as an accessory use to the existing Seventh-Day
Adventists Church which is located on the east side of N.W. 3rd
Avenue. The school is currently operating in the church, but has
outgrown that facility. The anticipated enrollment is 250
students, serving kindergarten through 12th grade.
The Planning and Zoning Board considered this matter at public
hearing on September 18, 1995, and voted unanimously (6 to 0) to
recommend that the rezoning be approved.
Recommend approval of Ordinance No. 55-95 on first reading. If
passed, a public hearing will be held on October 24, 1995.
ref:agmemol6
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DEPARTMENT OF PLANN1NG~J~ID ZONING
FROM: JAN~21' MEEKS, SENIOR PLANNER
SUBJECT: MEETING OF OCTOBER 10, 1995
REZONING FROM R-lA (SINGLE FAMILY RESIDENTIAL) TO CF
(COMMUNITY FACILITIES) FOR A PARCEL OF LAND LOCATED
WEST OF N.W. 3RD AVENUE, SOUTH OF N.W. 3RD STREET.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval on first reading
of an ordinance rezoning a parcel of land from R-lA (Single Family Residential)
to CF (Community Facilities) for a school associated with the Seventh-Day
Adventists church.
The subject property is located west of N.W. 3rd Avenue, south of N.W. 3rd
Street, and contains approximately 1.52 acres.
BACKGROUND:
Currently, the subject property is vacant and involves a portion of the east one half of
Block 34. The property is owned by the Seventh-Day Adventists church which is
located on the east side of N.W. 3rd Avenue. The rezoning is being sought to
accommodate a private school, which would be an accessory use to the church. The
school currently operates within the existing church facility which they have outgrown.
The anticipated enrollment of the school is 250 students, and will service kindergarten
through 12th grade. Additional background and analysis of the request can be found in
the attached Planning and Zoning Board Staff Report.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of September 18, 1995, the Planning and Zoning Board held a public
hearing for the rezoning request. There was no public testimony in opposition to the
request. The board voted 6-0 to recommend that the request be approved.
City Commission Documentation
Rezoning from R-lA to CF for the Seventh-Day Adventists Church
Page 2
RECOMMENDED ACTION:
By motion, approve on first reading the ordinance rezoning a portion of
Block 34 from R-lA (Single Family Residential) to CF (Community
Facilities) as described in the attached ordinance, and setting a public
hearing date of October 24, 1995.
Attachments:
· P&Z Staff Report and Documentation of September 18, 1995
· Ordinance by Others
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: September 18, 1995
AGENDA ITEM: V.E.
ITEM: Rezoning from R-I-A (Single Family Residential) to CF (Community
Facilities) to accommodate an elementary school associated with an
existing church, located on the west side of NW 5th Avenue, north of
Martin Luther King Boulevard (NW 2nd Avenue).
I !, , IIII II~ IIIl-~ill ii~ , ;I:T~~I
GENERAL DATA:
Owner ........................................ Southeastern Conference of Seventh-Day Adventists
Agent ......................................... Pastor Brent Waldon Sr. -
Location ..................................... West side of NW 5th Avenue, north of Martin Luther King
Boulevard (NW 2nd Avenue).
Property Size ............................. 1.52 Acres
Future Land Use Map ................ Low Density Residential (0-5 d.u./acre)
Current Zoning .......................... R-I-A (Single Family Residential)
Proposed Zoning ....................... CF (Community Facilities)
Adjacent Zoning ............... North: R-1-A
East: CF
South: R-l-A,
West: R-I-A
Existing Land Use .................... Vacant
Proposed Land Use ................... Rezoning from R-I-A (Single Family Residential) to CF
(Community Facilities) to accommodate an elementary school
associated with an existing church.
Water Service ............................ Existing 24" water main in Martin Luther King Boulevard.
Existing 2" water main in NW 3rd Avenue.
Sewer Service ........................... Existing 8" sewer main in NW 3rd Avenue.
V.E.
Ti~e action before the Board is making a recommendation on a rezoning request
from R-lA (Single Family Residential) to CF (Community Facilities).
The subject property is located west of N.W. 3rd Avenue, on the south side of
N.W. 3rd Street and contains approximately 1.52 acres.
Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make
a recommendation to the City Commission with respect to rezoning of any
property within the City.
Currently, the subject property is vacant and involves a portion of the east one
half of Block 34. Block 34 was originally platted in 1896 as part of the Town of
Linton Plat. No other development activity has occurred on the property.
The development proposal is to rezone a vacant parcel of land from R-1-A to
CF. The rezoning is being requested by the Seventh-Day Adventists church to
accommodate a private school as an accessory use to the church. The school
currently operates within the existing church facility which they have out grown.
The anticipated enrollment of the school is 250 students, and will service
kindergarten through 12th grade.
The applicant has submitted a sketch plan which provides for an 18,961 square
foot structure, a drop-off area, and playground areas. Only one parking space
has been provided on site. The church has indicated that they wish to utilize
their existing parking lot across the street to meet on-site parking requirements.
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
P&Z Staff Report
Rezoning from R-1-A to CF for the Seventh Day Adventists
Page 2
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.
The current Future Land Use Map designation for the subject property is
Low Density Residential. The requested zoning change is from R-1-A to
CF. The proposed zoning designation of CF is consistent with the Low
Density Residential 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. Streets and Traffic:
A traffic impact study was not submitted with the request. The current R-1-A
zoning designation generally permits only single family dwellings at a maximum
density of 5 units per acre. The Palm Beach County Traffic Performance
Standard Ordinance establishes traffic generation rates of 10 ADT per unit for
single family residences. With R-1-A zoning and a density of 5 units per acre (7
units) would generate 70 ADT. The ultimate development potential of the site to
accommodate a school with 250 students will result in 748 ADT (2.99 trips per
student x 250 students = 748). Thus, there is a net potential increase of 678
ADT from the proposed rezoning.
The 678 net trips which could be generated by the development under the CF
district may impact Lake Ida Road which is currently over capacity. It is noted
however, that the contract for widening Lake Ida Road should occur within the
next several months. Provision of a traffic study will be required with the site
plan, and positive findings of concurrency will be required with the approval of
that plan.
Water and Sewer:
Preliminary engineering plans were not submitted with the application. Water
service is available to the site via an 8" main located along the south side of
N.W. 3rd Avenue. Sewer service is available to the site via a 6" main which
P&Z Staff Report
Rezoning from R-1-A to CF for the Seventh Day Adventists
Page 3
dead-ends approximately 160' north of the intersection of N.W. 3rd Avenue and
N:W. 2nd Street. Upgrading of the 6" main to an 8" main may be required with
this development proposal and can be further addressed with the site plan
process.
The rezoning from R-1-A to CF will generate an increase in water and sewer
demands, however, there is adequate capacity at the existing facilities to handle
the water and sewage demands generated from this development.
Parks and Recreation:
Parks and Recreation dedications do not apply to non-residential developments.
Solid Waste:
The proposed 18,961 square foot school will generate 101 tons of solid waste
per year. Seven single family homes would generate 13.93 tons of solid waste
per year. While there is a net increase in solid waste generation, the Solid
Waste Authority indicates in its annual report that the established level of
service standards for solid waste will be met for all developments until 2021.
Consistency: Compliance with the performance standards set forth in
Section 3.3.2 (Standards for Rezoning Actions) along with required
findings in Section 2.4.5(D)(5) (Rezoning Findings) 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 the
making of a finding of overall consistency.
Section 3.3.2 (Standards for Rezoninq 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.
Parcels adjacent to and near the subject parcel are primarily residential.
This school represents an expansion of an existing use, which has not
experienced any compatibility problems to date. Churches and their
accessory uses (schools) are allowed as a Conditional Use in the current
R-lA zoning district. However, the scale of the proposed school makes
the CF district, which provides for greater setbacks and buffering, more
P&Z Staff Report
Rezoning from R-1-A to CF for the Seventh Day Adventists
Page 4
appropriate for the property. The setback and buffering requirements of
the CF district will ensure compatibility. The church owns the east one
half of Block $4, and is surrounded on the north, south and east by rights-
of-ways. To the west, the proposed school will abut single family homes.
Given the size of the school it would be appropriate that a wall be
provided along the western properly line for additional buffering. This
item can further be addressed with the approval of the site plan.
Section 2.4.5(D){5) ~Rezonin~ Findings):
Pursuant to Section 2.4.5(D)(1) (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 appropriate
for the property based upon circumstances particular to the
site and/or neighborhood.
The applicant submitted a justification statement as a part of the rezoning
application. The statement indicates that the applicable reason is "c". The
justification statement is summarized below.
The CF district is a special purpose district which is intended to permit
uses which serve public or semi-public purposes. The CF district is
deemed to be appropriate in any Future Land Use category. The
proposed school as an accessory use to the church and are allowed as
conditional uses in the R-1 districts and can, therefore considered to be of
a similar intensity. The development proposal may be more appropriate
than single family homes, as the school will provide an educational facility
Servicing the surrounding neighborhoods.
A review of the objectives and policies of the adopted Comprehensive Plan
was conducted and no applicable policies were found.
P&Z Staff Report
Rezoning from R-I-A to CF for the Seventh Day Adventists
Page 5
Compliance with Land Development Requlations: The proposed use is to
be in compliance with the Land Development Regulations.
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 submitted a sketch plan. While the submitted sketch plan is
not being formally considered at this time, the following comments are provided.
LDR Section 4,3.4(K) Development Standards Matrix:
Sufficient information was not provided on the sketch plan to fully address all of
these standards. However, it appears that proposal will meet or exceed all
requirements of this section.
LDR Section 4.4.21(H) CF District Special Regulations:
When this district (CF) is adjacent to residential zoning, the ~erimeter landscape
area should be 15'; or, as an alternative, either a wall, decorative fencing, or
hedging should be installed for aesthetic and buffering purposes. Residential
properties are located along the western boundary of the project. The proposed
service drive is within this setback, and no wall or hedges are proposed. There
appears to be sufficient space on site to relocate the service drive to provide the
15' landscape setback. In addition, a wall should be provided to buffer this
development from the residential uses to the west.
LDR Section 4.6.9 Parking:
The school is considered an accessory use to the church and does not require
additional parking per code. The school will however, be located on a separate
parcel of land from the church, and is separated by a street. The sketch plan
indicates that only one parking space is to be provided on site, and parking for
the school will be accommodated by the existing parking lot located on the
church property across the street. It may be appropriate to provide additional on
site parking. This item will need to be further reviewed with the site and
development plan process.
LDR Section 6.1.3 Sidewalks:
Currently no sidewalks exist along N.W. 3rd Avenue or N.W. 3rd Street.
Pursuant to LDR Section 6.1.3 sidewalks will be required along these rights-of-
way with the development of this site.
P&Z Staff Report
Rezoning from R-I-A to CF for the Seventh Day Adventists
Page 6
LDR Section 4.6.16 Landscaping:
No landscape plan has been submitted at this time. The submission of a
landscape plan meeting all requirements of Section 4.6.16 will be required with
the site and development plan submission.
The rezoning is not in a geographic area requiring review by either the HPB
(Historic Preservation Board), DDA (Downtown Development Authority) or the
CRA (Community Redevelopment Agency).
Neighborhood Notice:
Formal public notice has been provided to property owners 'within a 500' radius
of the subject property. A special certified notice has been sent to each of the
property owners of record.
Courtesy notices have been sent to:
Lake Ida Homeowners Association
Letters of objection, if any, will be presented at the P & Z Board meeting.
The proposed rezoning of the subject property to CF accommodates a use which
is a conditional use in the current R-1-A zoning district. The church is seeking to
rezone the property to relocate its educational function to a larger facility. The
CF zone district will require larger setbacks and buffers to the adjacent
residential properties. All required public facilities and services are available to
serve the proposed development. The CF zoning district is consistent with the
Low Density Residential FLUM designation. Required positive findings with
respect to Section 2.4.5(D)(5) (rezoning Findings), Section 3.1.1, and the
performance standards of Section 3.3.2 can be made. Based on the above, the
proposed rezoning of the Seventh-Day Adventists property to CF is
recommended for approval.
P&Z Staff Report
Rezoning from R-1-A to CF for the Seventh Day Adventists
Page 7
A. Continue with direction.
B. Recommend rezoning of the subject property from R-1-A to CF,
based on positive findings with respect to Section 2.4.5(D)(5)
(rezoning findings), Section 3.1.1, and the performance standards
of Section 3.3.2.
C. Recommend denial of a rezoning, based on a failure to make
positive findings.
Recommend approval of the rezoning request for the Seventh-Day Adventists
from R-1-A (Single Family Residential) to CF (Community F,acilities), 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:
Survey
Sketch Plan
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LEGAL VERIFICATION FORM
FILE #: 95-176
PROJECT NAME: DAUGHTER OF ZION SCHOOL
LEGAL DESCRIPTION:
The East half of Block 34, except the South 96 feet of the North 144 feet thereof
in Linton, now Delray Beach, Palm Beach County, Florida; less the South 112
feet of the West 77.5 feet of the East 97.5 feet of Block 34, and the South 112
feet of the East half of Block 34 less the East 97.5 feet thereof, Town of Linton
(now Delray Beach), Florida according to the Plat thereof on file in the office of
the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book
1, Page 3.
Together With:
The South 96 feet of the North 144 feet of the East 135 feet of Block 34, Town of
Delray Beach, Florida.
SOURCE of Legal Description: SURVEY DATED JANUARY 12, 1995
VERIFIED BY: DATE:
VERIFICATION REQUEST NEEDED BY: SEPTEMBER 29, 1995
LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO SECOND
READING:
VERIFIED BY.' ~ DATE: y~..~//~.,5...
VERIFICATION REQUEST NEEDED BY:
LEGZION