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56-95 ORDINANCE NO. 56-95 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 ON THE SOUTH SIDE OF LAKE IDA ROAD, WEST OF AND ADJACENT TO THE COMMUNITY CHILD CARE CENTER, 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 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: That part of the South Half of Lot 5, Subdivision of Section 8, Township 46 South, Range 43 East, Palm Beach County, Florida, as recorded in Plat Book 1, Page 4 of the Public Records of Palm Beach County, Florida, described as follows: Commence at the Northeast corner of the West Half of the South Half of said Lot 5; thence North 89 degrees 58'40" West, along the North line of the South Half of said Lot 5, 25.00 feet; thence South 0 degrees 08'30" East, along a line 25.00 feet West of and parallel with the East line of the West Half of said Lot 5, 40.69 feet to the South right-of-way line of Lake Ida Road and the point of beginning; thence continue South 0 degrees 08'30" East, along said parallel line, 119.31 feet to a line 160.00 feet South of and parallel with the North line of the South Half of said Lot 5; thence South 89 degrees 58'40" East, along said parallel line, 38.82 feet; thence North 0 degrees 37'30" West, along the East right-of-way line of N.W. 6th Avenue, 105.44 feet to said South right-of-way line of Lake Ida Road and to a point on a curve concave southerly with a radius of 779.02 feet, a central angle of 2 degrees 58'27" and a chord bearing North 69 degrees 53'39" West, thence westerly, along the arc of said curve and along the South right-of-way line of Lake Ida Road, 40.44 feet to the said point of beginning. Together with: That parcel of land described as follows: Commencing 25 feet West from the Northeast corner of the West Half (W 1/2) of the South Half (S 1/2) of Lot 5, Section 8, Township 46 South, Range 43 East, for a point of beginning; thence South 160 feet; thence West 75 feet; thence North 160 feet; thence East 75 feet to the point of beginning; Palm Beach County, Florida, less right-of-way deeded to County of Palm Beach, in Deed Book 1145, Page 623, Public Records of Palm Beach County, Florida, according to Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 1, Page 4. The subject property is located on the south side of Lake Ida Road, west of N.W. 5th Avenue, lying west of and adjacent to the Community Child Care Center; containing 0.43 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 1 hereof. ~_~ That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. ! - 2 - Ord. No. 56-95 i, ~ 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. $~ction 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: ~ City C~erk First Reading October 10, 1995 Second Reading October 24, 1995 !i - 3 - Ord. No. 56-95 -~ORE DRIVE 7TH ;T, LAKE TERR. LAK BOY SCOUT '""'"' SR C CF S.D. SPADY ELEMENTARY N.W. 5RD SI. R, MARTIN N ~ COMMUNITY CHILD CARE PLANNING DEPAR TIdEN? Cll~t' OF O[LRAY BEACH. FL -- D/C.,/Z'~I. 8A5£ MAP $~T£1~ -- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MJ~AGER~ SUBJECT: AGENDA rTEM # /~ - MEE?~NG OF OCTOBER 24, 1995 PO~nic ZEARING FOR ORDINANCE NO. 56-95 (REZONING ~OR COMMUNITY CHILD CARE CENTER) DATE: OCTOBER 20, 1995 This is second reading and public hearing for Ordinance No. 56-95 which rezones a 0.43 acre parcel of land from R-1-A (Single Family Residential) District to CF (Community Facilities) District. The subject property is located on the south side of Lake Ida Road, west of N.W. 5th Avenue, lying west of and adjacent to the existing Community Child Care Center. The purpose of the rezoning is to accommodate the expansion of the Child Care Center. The applicant has submitted a sketch plan which provides for a 5,570 square foot structure, eleven parking spaces, drop-off area and playground area. The expansion will accommodate 55 children ages 18 months to two years. 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. 56-95 on second and final reading. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM ~/~'~'- MEETING OF OCTOBER 10. 1995 FIRST READING FOR ORDINANCE NO. 56-95 (REZONING FOR COMMUNITY CHILD CARE CENTER) DATE: OCTOBER 5, 1995 This is first reading for Ordinance No. 56-95 which rezones a 0.43 acre parcel of land from R-1-A (Single Family Residential) District to CF (Community Facilities) District. The subject property is located on the south side of Lake Ida Road, west of N.W. 5th Avenue, lying west of and adjacent to the existing Community Child Care Center. The purpose of the rezoning is to accommodate the expansion of the Child Care Center. The applicant has submitted a sketch plan which provides for a 5,570 square foot structure, 11 parking spaces, drop-off area and playground area. The expansion will accommodate 55 children, ages 18 months to 2 years. 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. 56-95 on first reading. If passed, a public hearing will be held on October 24, 1995. 5'-o ref:agmemol9 CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER FROM: KS, 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 SOUTH OF LAKE IDA ROAD, WEST OF N.W. 5TH AVENUE (COMMUNITY CHILD CARE CENTER) 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). The subject property is located on the south side of Lake Ida Road, west of N.W. 5th Avenue, and contains approximately .429 acres. BACKGROUND: On July 11, 1995, the City Commission approved the abandonment of a portion of N.W. 6th Avenue for expansion of the Community Child Care Center, which is zoned CF (Community Facilities). The City recently received an application for site plan approval for the expansion of the center. The addition is to be located on the abandoned portion of the right-of-way and the lot located directly to the west of the right-of-way (lot 57). With the review of the project it was noted that Lot 57 was zoned R-lA, and child care facilities are only allowed as a Conditional Use in that zone district. It was determined that a change in zoning would be more appropriate than granting a Conditional Use, as it would bring the entire property under one zoning (CF). 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. RECOMMENDED ACTION: By motion, approve on first reading of ordinance rezoning the Community Child Care Center property 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.F. ITEM: Rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) to accommodate an expansion of an existing child day care center, located on the south side of Lake Ida Road, west of NW 5th Avenue. Owner .... ~ ................................... Community Child Care Center of Delray Beach, Inc. Agent ......................................... Dorothy Ellington Location ..................................... South side of Lake Ida Road, west of NW 5th Avenue. Property Size ............................. 0.429 Acres Future Land Use Map ................ Low Density Residential (0-5 d.u./acre) Current Zoning .......................... R-1-A (Single Family Residential) Proposed Zoning ....................... CF (Community Facilities) Adjacent Zoning ............... North: R-l-AA (Single Family Residential) East: CF South: R-l-A, West: R-1-A Existing Land Use .................... Vacant parcel and abandoned, unimproved road right-of-way. Proposed Land Use.' .................. Rezoning from R-1-A to CF to accommodate an expansion of the existing day care center on the adjacent parcel to the west.. Water Service ............................ Existing on site. Sewer Service ........................... Existing on site. V.F. The 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 on the south side of Lake Ida Road, west of N.W. 5th Avenue, and contains approximately 0.429 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. The subject property involves an unplatted lot indicated on the Property Appraiser's Map as Lot 57, and a portion of N.W. 6th Avenue which was recently abandoned (7/11/95). The development proposal is to rezone a vacant parcel of land and a recently vacated portion of N.W. Sth Avenue from R-1-A to CF. The rezoning is being requested by the Community Child Care Center for the expansion of its facility. The applicant has submitted a sketch plan which provides for a 5,570 square foot structure, 11 parking spaces, drop-off area, and playground area. The expansion is to accommodate 55 children ages 18 months-24 months. 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 following four areas. P&Z Staff Report Rezoning from R-I-A to CF for the Community Child Care Center Page 2 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 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 ^DT; per unit for single family residences. With R-1-A zoning and a density of 5 units per acre (2 units) would generate 20 ADT. The ultimate development potential of the site to accommodate a 5,570 square foot structure would generate 397 ADT. 'Thus, there is a net potential increase of 377 ADT from the proposed rezoning. Lake Ida Road is within the project's Radius of Influence and is currently over capacity. However, the traffic study indicates that the contract for widening Lake 'Ida Road has already been let. Base on the project's build-out date of 1996, adequate.capacity will exist on Lake Ida Road to accommodate this project. The study concludes that the project meets the criteria outlined in Palm Beach County Traffic Performance Standards. Water and Sewer: Water service is available to the site via a 6" main located along the north side of the east/west alley which is situated along the front of the project. Sewer service is to be provided to the site via an 8" main located along the south side of N.W. 4th Street. 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. P&Z Staff Report Rezoning from R-I-A to CF for the Community Child Care Center Page 3 'SOlid Waste: The proposed 5,570 square foot school will generate 29.8 tons of solid waste per year. Two single family homes would generate 3.98 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 Rezonin.q Actions): .The applicable performance standards of Section 3.3.2 and other polici..es 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. Rights-of-way abut the property on the north and south. To the west is a vacant parcel of land zoned R-lA, and to the east is the existing Community Day Care Center. There are no compatibility concerns noted with the properties located to the north, south or west. In order to mitigate impacts on the property to the west, a wall or hedges 4 1/2' height at the time of planting and trees 25' on center should be provided to adequately buffer the site. This item can further be addressed with the approval of the site plan. Section 2.4.5(D){5) (Rezonin.q Findin.qs): 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: P&Z Staff Report Rezoning from R-1-A to CF for the Community Child Care Center Page 4 ~ ° 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 "cp. 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 rezoning will accommodate the expansion of an existing child care facility which is needed by the community. A review of the objectives and policies of the adOpted Comprehensive Plan was conducted and no applicable objectives or policies were found. 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: The site's improvements, as proposed in the sketch plan, will meet or exceed all requirements of this section. P&Z Staff Report Rezoning from R-I-A to CF for the Community Child Care Center Page 5 LDR Section 4.4.21 (H) CF District Special Regulations: When this district (CF) is adjacent to residential zoning, the perimeter landscape area should be 15'; or, as an alternative, either a wall, decorative fencing, or hedging should be installed for aesthetic and buffering purposes. A residential property is located along the western boundary of the project. While trees and hedges are proposed along this property line (24' height hedge, and trees 30' on center), the trees should be spaced at 25' on center and the hedge installed at the height of 4 1/2 feet. LDR Section 4.6.9 Parking: The proposed development is required to provide 19 parking spaces. Eleven (11) spaces have been provided on site, and 4 parallel parking spaces are provided within the N.W. 6th Avenue right-of-way. The spaces located within the right-of-way cannot be counted towards meeting on-site parking requirements. Staff is recommending that these spaces be eliminated in order to provide some stacking area for the drop-off area. There are several additional parking spaces on Phase 1 which can be counted towards meeting this site's requirements. A reduction in parking may be appropriate and can further be addressed with the site and development plans. LDR Section 6.1.3 Sidewalks: Currently, no sidewalks exist along N.W. 6th Avenue. The development proposal includes the installation of a 5' sidewalk, thus meeting this code requirement. LDR Section 4.6.16 Landscaping: Landscape plans were submitted with the application. The plans appear to meet the requirements set forth in LDR Section 4.6.16. A full review of the plans will be conducted with the review of the site and development plans. 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). P&Z Staff Report Rezoning from R-I-A to CF for the Community Child Care Center Page 6 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 will accommodate the expansion of an existing child care facility. The CF zone di~strict will insure that adequate buffers are provided along the western boundary of the property where it abuts residentially zoned property. 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 Community Child Care Center property to CF is recommended for approval. 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. P&Z Staff Report Rezoning from R-I-A to CF for the Community Child Care Center Page 7 Recommend approval of the rezoning request for the Community Child Care Center from R-1-A (Single Family Residential) to CF (Community Facilities), 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 and Sketch Plan *tORE DRIVE W. 7TH ST. LAKF' TERR. ~NSH1NE ~ SCOUT CF S.D. SPADY ELEMENTARY N.W. 5RD ST. N ~ COMMUNITY CHILD CARE PLANN~NC DEPARTMENT CITY O~c OELRAY BEACH. FL -- ~)l,~.lralL ~I~E ~ S~TEI~ -- · ~ ~O~ANCE ~ THE CITY C~ ~l~ ~ THE CITY ~ ~LRAY ~H, F~I~ ~Z~ING AND ~ ~ ~ESE~TLY ~D ~ [~NNED ~FtCE ~TER) GISTRICT IN THE ~l~; ~lO ~NO BEING L~AT- ED AT THE ~T~ST C~NER ~ ~RE~ AVENUE A~ ,M ~E PARTJCU~R- ~llEO HEREIN; AND ~NDING ~ING ~P ~ DEL. VIDING A ~NERAL REP~LER ~USE, A ~VI~ C~USE, AND ~ EFFECTI~ ~TE. ~ ~DINAKE ~ THE CITY ~ ~ THE C~TY ~ DELRAY ~CH, FL~iD~ RE~NG AND ~ING ~ND PRESENTLY ~EO R-~ (S~KLE F~ILY THE Cf~ ~ ~LRAY 8EACH, BY ~NTI~) DISTRICT IN THE ~ENDING ~CTtOg 11237, ~ (~UNI~ FAClLI11E$) Ol~ ~ULTIPLEA~M ~LFUNC. TRICT; ~ID ~NO IEING L~T* 7~5 ~ FA~E A~ OE* ED AT THE ~THWES7 CO~NER C~RE0 ~ N.W. ~D AVENUE AND N.W. ~E C~GE~, SUBSECTION MD STREET, ~ ~RE PARTICU- I~IB), 70 REVISE THE FEE ~RLY DE~R~BED HERE~N; AND ~HEDULE F~ RES~SES TO ~NDING ~l~ ~P OF DEL- F~E A~; PROVIDING A RAY BEACH, FL~IOA, ~?; PRG ~VI~ VIOI~ A GENERAL RE~EALER ~ER C~USE, AND AN EFFEC- C~U~E, A ~VING C~USE, AND TWE~TE. A~ EFFECTIVE ~TE. ~ ~OlNAKE OF THE C~TY C~ MI~ OF THE CITY OF OELRAY I~CH, FLORiD~ REZONING AN~ ~CING ~gO PRESENTLY ~SIDENTiAL) OISTRICT iN THE m M ~. TM C~ ~ ~ ~ide CF (C~UNITY FACILIT~ES~ ~ ~ T~E ~T~ SIDE OF I~ ROAO, ~$T OF ANO AD JA- UNT TO TH~ C~U~TY CHILD CI~OF DELRAY ~EACH ~RE CENTER, ~ MORE PARTIC. U~RLY DESCRIBED HERErN; C~C~ ~ ~ENOING ~ONING ~P OF ~L~Y BEACH, FL~IDA, ~tDl~ A GENERAL RE~AL* ER C~USE, A ~VING C~USE, ~R~ly~h A~AN EFPECTIVE DATE. Ag ORDI~NCE OF THE CITY C~ .~1~ ~ THE CiTY ~ DELRAY I~, FLORI~ ~ENOING SEC- ~E ~ND ~VELO~ENT REGU- ~T~$ O~ T~E CITY ~ DELRAY ~CH, TO PROVI~ CRITERIA ~ THE WAIVER ~ DEVELOP- ~T APPLI~T~, P~N CHECK '~ ~RMIT ~EE$ FOR ELIGIILE ~PROF~T ~D ~RVICE ~GA- ~T~S: ~IDI~ A GENER- ~ REPEALER C~E, A ~VING ~USE, A~D AN EFFE~WE ~TE. ~ ~DI~NCE ~ THE CI~ C~ T~ 2.~, ~TfCE RE~I~E- ~, ~ THE ~D ~VELOP. ~NT REGU~TI~S ~ THE C~TY ~ ~LRAY I~H, IY RE~AL- ~ WI~I~ I.UI8)(I) IN ITS E~IRE~, AND E~I~ A NEW ~CTION 2~.IB)U), ~TIC~, ~ ~FO~ ~TICE R~IRE* .~N~ F~ ~RTAiN ~NO DE* ~RMENT A~I~T~NS ~TH iE~IREMENTS; ~lOl~ A GENERAL REPeL- ER C~USE, A ~VING C~USE, ~D AN EFFECTIVE M ~Dt~NCE ~ THE CiTY ~ION OF THE ClTY ~ ~L~AY · ~CH, FL~IDA, C~ER 11Z 'A~R~ S~STEMS', ~ THE CODE OF ORDINANCES OF FILE #: 95-185 PROJECT NAME: COMMUNITY CHILD CARE CENTER LEGAL DESCRIPTION: That part of the South half of Lot 5, Subdivision of Section 8, Township 46 South, Range 43 East, Palm Beach County, Florida, as recorded in Plat Book 1, Page 4 of the Public Records of Palm Beach County, Florida, described as follows: Commence at the northeast corner of the West half of the South half of said Lot 5; thence N 8~ 58'40"W, along the North line of the South half of said Lot 5, 25.00 feet; thence S 0~08'30"E, along a line 25.00 feet West of and parallel with the East line of the West half of said Lot 5, 40.69 feet to the South right-of-way line of Lake Ida Road and the point of beginning; thence continue S 0°08'30''E, along said parallel line, 119.31 feet to a line 160.00 feet South of and parallel with the North line of the South half of said Lot 5; thence S 89° 58'40"E, along said parallel line, 38.82 feet; thence N 0° 37'30" W, along the East right-of-way line of N.W. 6th Avenue, 105.44 feet to said South right-of-way line of Lake Ida Road and to a point on a curve concave southerly with a radius of 779.02 feet, a central angle of 2058'27'' and a chord bearing N 6~'53'39"W, thence westerly, along the arc of said curve and along the South right-of-way line of Lake Ida Road, 40.44 feet to the said point of beginning. Together With: That parcel of land described as follows: Commencing 25 feet West from the Northeast corner of the West 1/2 of the South 1/2 of Lot 5, Section 8, Township 46 South, Range 43 East, for a point of beginning; thence South 160 feet; thence West 75 feet; thence North 160 feet; thence East 75 feet to the point of beginning; Palm Beach County, Florida, less right-of-way deeded to County of Palm Beach, in Deed Book 1145, page 623, Public Records of Palm Beach County, Florida, according to Plat thereof on file in the Office of the Clerk of Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 1 Page 4. The subject site is located on the south side of Lake Ida Road, west of N.W. 5th Avenue. SOURCE of Legal Description: VERIFIED BY: DATE: VERIFICATION REQUEST NEEDED BY: SEPTEMBER 29, 1995 LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO SECOND READING: VERIFIED BY:~~v~ DATE: ~/~/~ VERIFICATION REQUEST NEEDED BY: LEGCOM