54-92 ORDINANCE NO. 54-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED PRD (PLANNED RESIDENTIAL DEVELOPMENT)
DISTRICT IN CF (COMMUNITY FACILITIES) DISTRICT; SAID
LAND BEING A PORTION OF ABBEY DELRAY SOUTH, AS MORE
PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING
DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
'EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beech, Florida, is hereby rezoned and placed in the CF
(Community Facilities) District ss defined in Chapter Four of the Land
Development Regulations of the City of Delray Beach, Florida, to-wit:
Tract "A", Parcel "U" and Parcel "V", Plat of Abbey
Delray South as recorded in Plat Book 41, Pages 96-98,
Public Records of Palm Beach County, Florida; LESS that
part of Parcel "V" included in A Replat of Parcels "W",
"X" and Portions of Parcel ,V", Plat of Abbey Delray
South as recorded in Plat Book 41, Pages 121-123, Public
Records of Palm Beach County, Florida.
The subject property is located west of Congress Avenue,
on the south side of Linton Boulevard.
The above-described parcel contains 20.37 acres of land,
more or less.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 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conflict herewith be, and the same are hereby repealed.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 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 this the 17th day
of November , 1992.
ATTEST:
City C~erk !
First Reading ~c~hm~ 27: lqq)
Second Reading November 17, 1992
THE PINES
OELRAY ~.~ ,4 ~.
LINTON BOUL[VARD
L.W.D.D.
ABBEY DELRAY
SOUTH
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~~
SUBJECT: AGENDA ITEM $ /O /~ - MEETING OF NOVEMBER 17. 1992
ORDINANCE NO. 54-92
DATE: November 13, 1992
This is second reading of an ordinance rezoning property located west
of Congress Avenue on the south side of Linton Boulevard (Abbey
Delray South property) from PRD (Planned Residential Development) zone
district to CF (Community Facilities) zone district.
In October 1979, the Commission approved a conditional use request and
site and development plans for Abbey Delray South. The approval
allowed a 288 unit (248 multi-family units and 40 single family units)
Life Care Retirement Center, along with an associated nursing home.
The property was zoned PRD-10.
With the adoption of the LDRs in October 1990, the multi-family units
and nursing home facility were rezoned PRD and the single family
villas RL (Residential - Low Density).
In June 1992, the Planning Department received a sketch plan to allow
the addition of four single family villas; a 12,224 square foot
addition to the nursing home; and a 576 square foot maintenance
building. During the review of the project for technical compliance
it was noted that nursing homes and/or continuing care facilities are
no longer permitted as a conditional use under the PRD regulations.
Therefore, rezoning to CF was recommended.
The Planning and Zoning Board at their October 21st meeting
recommended approval.
Recommend approval of Ordinance No. 54-92 on second and final reading.
ORDINANCE NO. 54-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED PRD (PLANNED RESIDENTIAL DEVELOPMENT)
DISTRICT IN CF (COMMUNITY FACILITIES) DISTRICT; SAID
LAND BEING A PORTION OF ABBEY DELRAY SOUTH, AS MORE
PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING
DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
'EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the CF
(Community Facilities) District as defined in Chapter Four of the Land
Development Regulations of the City of Delray Beach, Florida, to-wit:
Tract "A", Parcel "U" and Parcel "V", Plat of Abbey
Delray South as recorded in Plat Book 41, Pages 96-98,
Public Records of Palm Beach County, Florida; LESS that
part of Parcel "V" included in A Replat of Parcels "W",
"X" and Portions of Parcel "V", Plat of Abbey Delray
South as recorded in Plat Book 41, Pages 121-123, Public
Records of Palm Beach County, Florida.
The subject property is located west of Congress Avenue,
on the south side of Linton Boulevard.
The above-described parcel contains 20.37 acres of land,
more or less.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section ~, That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4, 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 this the 17th day
of November , 1992.
ATTEST: ~
City c~erk /
First Reading o~nh~ ?7, ]99?
Second Reading November 17, 1992
THE P.IN£S ~ ,~ m,.
DELRAY
LIN T O N B O U L [ V A.'. D
L.W.D.D.
ABBEY ' ·
DELRA¥ · ·
SOUTH
WOODVUE
[
I
ABBEY DELRAY
SOUTH
CITY COMMISSION DOCUMENTATION
TO: /~D T. HARDEN, CITY MANAGER
THRU: ~D_~U J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM: D NER III
SUBJECT: MEETING OF OCTOBER 27, 1992
REZONING FROM PRD (PLANNED RESIDENTIAL DISTRICT) TO CF
(COMMUNITY FACILITIES) FOR ABBEY DELRAY SOUTH
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of a rezoning from PRD (Planned
Residential District) to CF (Community Facilities).
The subject property is Abbey Delray South, a Continuing
Care Facility located west of Congress Avenue, on the south
side of Linton Boulevard.
BACKGROUND:
At its meeting of October 8, 1979, the City Commission approved a
conditional use request and site and development plans for Abbey
Delray South. The approval allowed a 288 unit Life Care
Retirement Community (248 multi-family units and 40 single family
villas), along with an associated nursing home. The property was
zoned PRD-10.
In October 1990, the multi-family units and nursing home facility
were rezoned to PRD (Planned Residential), and the single family
villas to RL (Residential-Low Density), as part of the Citywide
rezoning and adoption of the Land Development Regulations.
In June of this year, the Planning Department received a sketch
plan request from Abbey Delray South to allow the following
modifications to the site:
City Commission Documentation
Rezoning, Tracts "U" and "V" of Abbey Delray South
Page 2
* the addition of four (4) single family villas;
* a 12,224 sq.ft 30 bed addition to the existing Nursing Home;
and
* a 576 sq. ft. maintenance building.
As the project was being reviewed for technical compliance, it
was discovered that nursing homes and/or continuing care
facilities are no longer allowed as permitted or conditional uses
under the current PRD regulations. As a result, the existing
development is a non-conforming use, and cannot be expanded.
Staff considered three alternative means of correcting this
nonconformity:
1) Changing the PRD portion of the development to RM
(Medium Density Residential)
2) Changing the PRD portion of the development to CF
(Community Facilities), and
3) Amending the PRD regulations to include Continuing Care
Facilities as a conditional use.
The attached staff report contains an analysis of those
alternatives.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of September 21, 1992, the Planning and Zoning
Board initiated a rezoning action for Abbey Delray South to
either CF or RM, in order to allow staff to analyze both zoning
districts as they would apply to this development. Upon
reviewing the alternatives at the meeting of October 21, 1992,
the Board voted 7-0 to recommend approval of a rezoning from PRD
to CF.
RECOMMENDED ACTION:
By motion, approve the rezoning from "PRD" (Planned Residential
District) to "CF" (Community Facilities) for Tracts U and V of
Abbey Delray South.
Attachment:
* Location Map
* P & Z Staff Report
h
o
/
/
m~ ~ O~
PLANNING & ZONING BOARD
CITY OF DELRAY B_ACH --- $,AFF REPORT---
MEETING DATE: October 19, 1992
AGENDA ITEM: III.B.
ITEM: _Rezoping, Abbey Delray South from PRD to RM or CF
GENERAL DATA: , ,,,, ,,,,,,
Owner .................... Palm Beach County ~/ "I ' ~ '//' ! !~_~__~l ~//,/~L~
Health Facilities
Authority. I ~
Agent .................... David C. Harden (
City Manager
Location ................. Southeast corner of (
Linton Boulevard and
Homewood Boulevard.
Property Size ............ 20.37 Acres q ri~¥~
City Land Use Plan ....... Residential - Medium
Density
Existing Zoning .......... PRD (Planned Residential
Development)
Proposed Zoning .......... CF (Community Facilities)
Adjacent Zoning...North: RM (Multiple Family
Residential - Medium
Density) and RL (Multiple
Family - Low Density)
East: RM
South: RL
West: RL and PRD
Existing Land Use ........ Continuing care facility
with associated nursing
home.
Proposed Improvement ..... Addition of four units
to the continuing care
facility and addition
of 30 beds to the
nursing home.
Water Service ............ Existing on site.
N
Sewer Service ............ Existing on site.
III. B.
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation
on a rezoning request from PRD (Planned Residential District) to
CF (Community Facilities).
The subject property is Tracts U and V of Abbey Delray South, a
Continuing Care Facility, Nursing Home, and Residential
development with a total area of approximately 30 acres. It is
located west of Congress Avenue, on the south side of Linton
Boulevard.
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.
BACKGROUND:
At its meeting of October 8, 1979, the City Commission approved,
pursuant to PRD-10 zoning, a conditional use request and site
and development plans for Abbey Delray South. The approval
allowed a Life Care Retirement Community. The development
consists of three components:
* a 248 unit continuing care facility on 16.5 acres;
* a 60 bed nursing home on 1.5 acres; and
* 40 villas with individually platted lots on 12.4 acres.
In October 1990, the continuing care and nursing home facilities
were rezoned to PRD (Planned Residential Development), and the
villas to RL (Residential-Low Density), as part of the Citywide
rezoning and adoption of the Land Development Regulations.
The owner of record is the Palm Beach County Health Care
Facilities Authority, which issued bonds to finance construction
of the project. The project is operated by Life Care Services
Corporation, a non-profit corporation based in Des Moines, Iowa.
Abbey Delray South is considered a Continuing Care Retirement
Community, and is regulated by the Florida Department of
Insurance. Residents of the facility contribute an endowment of
$50,000 to $150,000 upon moving into the facility, plus a
monthly service charge. These payments assure them a living
unit in the facility and care at the nursing home, if necessary.
Project Description:
In June of this year, the Planning Department received a sketch
plan request from Abbey Delray South to allow the following
modifications to the site:
P & Z Staff Rep %
Abbey Delray Solon Rezoning From PRD To CF
page 2
* the addition of four (4) single family villas;
* a 12,224 sq. ft. 30 bed addition to the existing Nursing
Home; and
* a 576 sq. ft. maintenance building.
As the project was being reviewed for technical compliance, it
was discovered that neither nursing homes nor continuing care
facilities are allowed as permitted or conditional uses under
the current PRD regulations. As a result, the existing
development is a non-conforming use, and cannot be expanded.
ZONING ANALYSIS:
Rezoning of the property was initiated by the Board at its
meeting of September 21, 1992. At that time there was
discussion as to whether the proper zoning for the property was
RM, CF, or a combination of one or the other and RL. The
alternatives which were considered for this proposal are:
* Rezoning the portion of the site currently zoned PRD
(tracts "U" and "V") to RM;
* Rezoning the portion of the site currently zoned PRD
(tracts "U" and "V") to CF; and
* Amending the PRD regulations to allow continuing care
facilities as a conditional use.
Possible zoning designations for the site are discussed in the
Zoning District Analysis.
ZONING DISTRICT ANALYSIS:
Rezoninq to RM:
The RM zoning designation could be applied to the portion of the
development currently zoned PRD. Continuing care facilities and
nursing homes are allowed as conditional uses in RM, and would
allow for an expansion of the existing nursing home facility.
The density of the continuing care facility would be 17.5 units
per acre. This density is permissible under RM, per the
provisions of LDR section 4.3.3(G)(3)(a), which increases the
maximum density of the base zoning district by a factor of 1.5
for continuing care facilities.
P & Z Staff Rep, ~
Abbey Delray Sou~n Rezoning From PRD To CF
page 3
Amendment to PRD:
Another alternative would be to leave the property An PRD zoning
and initiate a text amendment to PRD zoning regulations to allow
continuing care facilities and nursing homes as conditional
uses. The former PRD-10 zoning category permitted ACLFs, child
and adult day care, churches, community centers, continuing
care, schools, golf courses, natural resource utilities,
swimming clubs, and tennis clubs as conditional uses. All of
these, except day care have been eliminated from the PRD zone,
in order to limit development in the PRD district to its
intended purpose as a mix of single family and multi-family
housing.
Rezoninq to CF:
An alternative to the above is to rezone the property to CF,
Community Facilities. The CF zoning is intended to apply to
facilities which serve public and semi-public functions. While
Abbey Delray is a residential community, it differs from the
standard multi-family development in several respects. Chief
among those are the following:
* Provision of services--The principle appeal of this
type of community is the care and services which are
immediately available to the residents. Residents
offered a variety of services including meals,
cleaning, access to health care, transportation, and
various personal services. Most of these services are
included in the 'initial endowment fee and monthly
rent.
* Resident characteristics--Residents must be 62 years
age or older An order to live in Abbey Delray South.
The average age in the community is 82.5 years, and
eighty percent of the residents are female. While a
number of the residents do not require any special
assistance, many of them are unable to fully care for
themselves. Residents specifically choose this type
of community to ensure that assistance will be
available to them when necessary.
* Nursing home component--The existing nursing home has
60 beds, and 30 additional beds are planned. The
nursing home is available on a temporary or permanent
basis to all residents. In addition, any unoccupied
beds are made available to persons from outside of the
community.
* Employees--Approximately 140 persons are employed at
Abbey Delray South, to service the 288 units and the
nursing home. This is a much larger number than would
P & Z Staff Rep, ~
Abbey Delray So~_n Rezoning From PRD To CF
page 4
be required to manage a typical multi-family property
of this size.
The above listed factors are indicative of a use which is
service-oriented, and which differs from the standard
residential development. For these reasons, the Community
Facilities zoning is more appropriate than the RM. In addition,
the administrators of Abbey Delray South have indicated a desire
for a zoning classification which would reflect the unique
aspects of a continuing care facility. The Community Facilities
zoning provides that distinction.
Remainder of the Site (villas):
The portions of the development (12.4 acres) with 40 villas on
individually platted lots are currently zoned RL. While
continuing care facilities are not permitted in the RL zone,
these villas can be considered as single family units, which are
permitted. The density is also consistent with RL limits (3.2
units/acre). It is not critical to the proposal that these
units be rezoned to CF at this time. However, the owners have
indicated a desire to have a single zoning designation apply to
the entire site. A rezoning to CF should be applied to the
villas at a future date.
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.
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 designation for the entire
property is Medium Density (5-12 units to the acre)
Residential. The requested zoning change is from PRD
(Planned Residential Development) to CF (Community
Facilities). The allowable zoning designations which are
deemed consistent with the Medium Density Land Use
designation are:
- RM Medium Density Residential (existing zoning)
- CF Community Facility
- R-1 Single Family Residential
- RL Residential Low Density
- PRD Planned Residential Development
P & Z Staff Rep,
Abbey Delray Sou_,l Rezoning From PRD To CF
page 5
The proposed zoning designation of CF is consistent with
the current Future Land Use designation. The existing
continuing care facility and nursing home on parcels "U"
and "V" are permitted as conditional uses in the CF zoning
district.
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.
As the site is currently developed, and the rezoning is
corrective in nature, no additional demand for service
capacity will be generated by this action. The proposed
future development of the the facility is not of the
magnitude which would create any problems with regard to
levels of service. Concurrency will be specifically
addressed in the site plan process.
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 Rezoning Actions): The applicable
performance standards of Section 3.3.2 and other policies which
apply are as follows:
A) That rezoning to other than CF within stable residential
areas shall be denied. (Housing Element A-2.4)
This rezoning petition is in a neighborhood which is
designated as a stable residential area. As the rezoning is
corrective, to accommodate existing uses, and the proposed
rezoning is to CF, a positive finding can be made.
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 PRD (Residential
Multiple Family). To the north, west and south is property
zoned RL (Residential Multiple Family) and to the east is
RM (Residential Multiple Family). The surrounding land
uses are single family villas to the north, west, and
south, and Linton Lake Apartments to the east. The zoning
change will reflect existing conditions and will not affect
the compatibility of the property with adjacent uses.
P & Z Staff Rep,
Abbey Delray Sou_n Rezoning From PRD To CF
page 6
Section 2.4.5(D)(5) (Rezoning 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 applicable reason is "a," pursuant to the following:
The PRD zoning district currently assigned to tracts U and
V, was changed in 1990, removing Continuing Care and
Nursing Homes as conditional uses. The existing land use
on the parcel was rendered non-conforming by the change.
As the intention of the change was not to phase out
continuing care facilities, the application of the PRD
designation to this property was inappropriate.
LDR Compliance:
Section 4.3.4 (Development Standards Matrix):
The parcels in question meet CF district requirements for
minimum lot size, lot width, lot depth, lot frontage, lot
coverage, density, and setbacks. The existing continuing care
facility building also meets the current CF height limit of 48'.
A site plan modification request will be required for the
proposed addition. Further LDR requirements will be addressed
during the review of that proposal.
REVIEW BY OTHERS:
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 Rep, k
Abbey Delray So~_.l Rezoning From PRD To CF
page 7
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:
* Tom Fleming, President
Andover Homeowners Association;
* Dorothy Alport, President
Southwinds of Crosswinds;
* Lillian Feldman
Pines of Delray Homeowners;
* Jacob Friedly
Pines of Delray West; and
* Jim Goggin, President
Shadywoods Homeowners
who have requested notification of petitions in that area.
Letters of objection, if any, will be presented at the P & Z
Board meeting.
ASSESSMENT AND CONCLUSION:
This development functions as a continuing care facility,
offering a variety of services to residents. The property is
operated by a not-for-profit corporation and supported by bonds
issued by a public authority. This is consistent with a
"semi-public use," as stated in the the Purpose and Intent of
the CF District. The continuing care and nursing home uses
presently on the site are permitted as conditional uses in CF.
A rezoning of the portion of the development currently zoned PRD
to CF would allow for necessary improvements or expansions to
the existing facilities without creating undue conflicts with
surrounding developments. The portions of the site developed
with villas may retain their current RL zoning for the present,
but should be considered for CF zoning in the future.
ALTERNATIVE ACTIONS:
A. Continue with direction.
B. Recommend rezoning of only the portion of the site
currently zoned PRD (parcels "U" and "V") to RM, based
on positive findings.
P & Z Staff Rep,
Abbey Delray So~_n Rezoning From PRD To CF
page 8
C. Recommend rezoning of only the portion of the site
currently zoned PRD (parcels "U" and "V") to CF, based
on positive findings.
D. Recommend an LDR text amendment to the PRD zoning
district to permit continuing care facilities as
conditional uses, based on positive findings.
E. Deny a rezoning for tracts "U" and "V" of Abbey Delra¥
South, based on a failure to make positive findings.
STAFF RECOMMENDATION:
Recommend approval of the rezoning request for parcels "U" and
"V" of Abbey Delray South from PRD ( Planned Residential
District) to CF (Community Facilities), based upon positive
findings with respect to Chapter 3 (Performance Standards) of
the Land Development Regulations, policies of the Comprehensive
Plan, and Section 2.4.5(E)(5).
Attachments:
* Letter of Request
* Location Map
Report prepared by : Jeff Perkins, Planninq Technician I
Reviewed by DJK on :
August 28,1992
Mr. David 3. Kovacs
Director of Planning & Zoning
City of Delray Beach
100 NM 1st Avenue
Delray Beach, Florida 33444
Re: Rezoning of the Abbey Delray South property to CF
Dear Mr. Kovacs,
Please accept this letter as a formal request on behalf
of my client, Abbey Delray South to rezone their property
to CF (Community Facilities). It is my understanding
that the City will initiate this Yezoning and the
requisite conditional use application upon receipt of
this letter.
Should you have any questions of require further
discussion, please contact me at the above phone number
and address.
Sincerely,
MLDA, Inc. d/b/a
ai ey-Less'rard & Oonahue
gCe. vin Donahue, AIA, CoI
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~ - MEETING OF OCTOBER 27. 1992
ORDINANCE NO. 54-92
'DATE: OCTOBER 23, 1992
This is first reading of an ordinance rezoning property located west
of Congress Avenue on the south side of Linton Boulevard (Abbey
Delray South property) from PRD (Planned Residential Development) zone
district to CF (Community Facilities) zone district.
In October 1979, the Commission approved a conditional use request and
site and development plans for Abbey Delray South. The approval
allowed a 288 unit (248 multi-family units and 40 single family units)
Life Care Retirement Center, along with an associated nursing home.
The property was zoned PRD-10.
With the adoption of the LDRs in October 1990, the multi-family units
and nursing home facility were rezoned PRD and the single family
villas RL (Residential - Low Density).
In June 1992, the Planning Department received a sketch plan to allow
the addition of four single family villas; a 12,224 square foot
addition to the nursing home; and a 576 square foot maintenance
building. During the review of the project for technical compliance
it was noted that nursing homes and/or continuing care facilities are
no longer permitted as a conditional use under the PRD regulations.
Therefore, rezoning to CF was recommended.
The Planning and Zoning Board at their October 21st meeting
recommended approval.
Recommend approval of Ordinance No. 54-92 on first reading.
ROT10E OF PUBUC HEAmNG
L ' ' A PUBLIC HEARING will be held on
- the foUowing proposed Ordinances at
such meeting which is set by the Com-
mission), on Tuesday, November 17,
19~2, in the City Commission Cham-
Beach, at which time the City Commis-
sion will consider their adpolion, The
RATON~'DELRAY BEACH~ DEERFIELD BEACIt proposed ordinances may be inspected
BOCA at the Office of the City Clerk at the
City Hall 100 N,W, 1st Avenue, gelray
Beach, Florida, from 8:00 A.M. to 5:00
P,NL, Mor~day through Friday, except
J. ly holidays, Alt interested parties are in.
Publishednd.__ v,,. to a/tend and be heard with re-
Monday through Sunday sbect tothe proposed Ordinances.
Boca Baton, Palm Beach County, Florida
Delray Beach. Palm Beach County. Florida M[SSIONAN ORD'NANCEoF THEOFcITyTHEopCITYDELRAyCOM'
PLACING LAND PRESENTLY
ZONED PRO (PLANNED RESlOEN-
STATE OF FLORIDA CF (COMMUNITY FACILITIES) DIS-
TRICT; SAID LAND BEING A POR-
COUNTY OF PALM BEACH TJON OF ABBEY DELRAY SOUTH,
AS MORE PARTICULARLY DE.
Before the undersigned authority personally ,NG 'ZON,NG DISTRICT MAP, DEL-
RAY BEACH, FLORIDA, ]990'; PRO-
VIDING A GENERAL REPEALER
appeared Nancy Smith. Inside Sales Man- CLAOSE, A sAVING CLAUSE,
AN EFFECTIVE DATE.
ager of The News. daily newspapers pub- OR~#MICENO. B~-B2
lished in Boca Baton in Palm Beach County, A. ORDINANCE OF THE C,TY COM-
Florida; that the attached copy of advertise- BEACH,MiSSION FLORIDA,OF THE CITYREzON,NGOF DELRAYAND
PLACING LAND PRESENTLY
merit was published in said newspapers in ZO.EO CF (COMMUNITY FAC,L,-
the issues of: / T~ES~ 0,STRICT ,N OS ~OPEN
SPACE) DISTRICT; SAID LAND BE-
ING A PARCEL KNOWN AS NORTH
LOT, AS MORE PARTICULARLY
SCRIBED HEREIN; AND AMEND-
D [,~ lNG 'ZO#lNO DISTRICT MAP, DEL-
RAY BEACH, FLORIDA, 19g~; PRO-
VIDING A GENERAL REPEALER
CLAUSE, A ~A¥1NG CLAUSE, AND
AN EFFECTI¥iE DATE.
AN ORDINANCE OF THE CiTY COM-
MISSION OF THE CiTY OF DELRAY
BEACH, ~iLORIDA, REZONtNG AND
PLACINC~ LAflD PRESENTLY
Affiant further says that The News is a z0N~u..~T~
TIES) ~ICT t~ ~ (OPEN
PARTICU~L~.~ DE$CRiBEO
Palm Beach County. Florida. Monday ,~E,~;,,~ ~.
DISTRICT MAP,DEL~ BEACH.
through Sunday, and has been entered as ~o~,~,, ,~; ~.ov,~,.o
GENERALREP~LER C~USE~ A
second class matter at the post office in s~v,~ c~us~, ~.o ~ ~c.
TIVE DATE.
Boca Baton, Palm Beach County, Florida, ~0.,,.~
for a period of one year next preceding the ~. o~,~.c~ o~ T.~ c,. ~0~
first publication of the attached copy of
BEACH, FLORIDA, ~EmON~NG A~D
PLAONG ~L~ . ~ PRESE~TLY
advertisement; and affiant further says that ~o.~ c~..
he has neither paid nor promised any ~c~, D~STRICT; SAID ~ND 5~.
SC~IBEO HEREIN; AND A~EN~
rebate, commission or refund for the pur- ,~o,~o.,.~ ~,s~.,c.~.
RAY B~ACH, FLORIDA, ~";
pose of securing this advertisement for pub- ~,~,~o ~ ~.~
c~usE, A S~V,,~ CLaUSe,
lication in said newspapers. .~ ~cJ,v~ o~J~.
j AN ORD,NANCE OF THE OTY C~
tNG ANCHOR PARK, AS MORE PAR.
TJCULARLY DESCRIBED HEREIN;
AND AMENDING 'ZONING DI~
Sworn to and subscribed before me this Fc0.,~, ~ ~.0~0,.~ ~ ~E..
lNG CLAUSE, AND AN EFFECTIVE
~ ¢ ~~ ~ MISSION OF TH~ CiTY O~ O~LR'Y
BEACH, FLOR/DA, ~EZONING AND
~ ZONEDCF JCO~MUNITY
TIES)DISTRICT IN OS (OPEN
SPACE) DISTRICT; SAID LAND BE-
MORE PARTICULARLY
(Seal. Notary Publi~e of Florida at lar~RI SCRIBED HE"EIN; AND AMEN~
RAY BEACH, FLORIDA, 1~"; PR~
VIDING A GENERAL REPEALER
My Commissio~~) My Comm. Exp. 5-3-94 *~FFE~TIVE OATE. ~LAU5~,
'~~~ru ~rviceIns,' plea. be a~vis~ that if a ~r~
per.ns d~ides to op~al any a~is~
wiB need a record of lhe~ pr~