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Ord 19-09ORDINANCE NO. 19-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, AMENDING ARTICLE 8.2, "THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA)", BY REPEALING SECTION 8.2.2, "PROVISIONS OF THE ACT", IN ITS ENTIRETY AND ENACTING A NE~Y~ SECTION 8.2.2, "PROVISIONS OF THE ACT", TO BE CONSIS'T'ENT WITH CHAPTER 2003-314, LAWS OF FLORIDA 2003; REPEALING APPENDIX "B", "DOWNTOWN DEVELOPMENT .AUTHORITY AREA DESCRIPTIONS" AND ENACTING A NEW APPENDIX "B", "DOWNTOWN DEVELOPMENT AUTHORITY AREA DESCRIPTIONS", TO MODIFY THE DESCRIPTION AND PROVIDE FOR EXPANSION OF THE DOWNTOWN DEVELOPMENT AUTHORITY AREA; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1,1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on March 16, 2009 and voted 5 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.31~4(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the goals, policies, and objectives of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMIv1ISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Article $.2, "The Downtown Development Authority (DDA)", Section 8.2.2, "Provisions of the Act", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby repealed and a new Section 8.2.2, "Provisions of the Act" is enacted to read as follows: Section 8.2.2 Provisions of the Act: ~A~ Definition and Rules of Construction: Unless qualified in the text the following definitions and rules of construction shall aFFly hereto: "Authority" means the Delray Beach Downtown Development Authority hereby created. and any successor to its functions, authority, rights, ar~d obligations. "City" and "Delray Beach" means the City of Delray Beach, Florida. (~3} "City Coinnussian" means the Delra~Beach City Commission and any succeeding ,governing body of th~City. {4} "Downtown" and "Downtown axea"' mean the axea herein described and to which this Act~Fritnarily relates, including the central business district and its environs. ~5~__,"Herein", "hereby", "hereof', and similar comFounds refer to the entire Act. "Including" shall be construed as merely introducing illustrative examples and not as limiting in any way the generality of the inclusive term. ,~7 "Majority" without qualification means a majority of a quorum. (8} "State" means the State of Florida, ~B~ Downtown Area DescriFtion: The axiginal boundary of the Downtown Development Authority as established by Section 3, ChaFter 71-b04 Laws of Florida 1971, effective May 22, 1971, and the expanded boundary of the Downtown DeveloFment Authorit~T as defined b~ Section 3, ChaFter 2003-314 Laws of Florida 2003, effective~une 2b~ 2003 are deFicted in Section 8.2.2(B}{1} "MaF of the Downtown DeveloFment Authority Area", and are generally described within AFFendi~c B of the Land DeveloFment Regulations. f 1, MaF of the Downtown DeveloFment Authority Area: C}RD. Nth. 19-09 ~~ ~~ __ i - _ ~~ ~ ~~ Q I _ - _ ~ I I 8 - _ - } ~ I A V M tl 71 Y M ~~~ ~~~ a~tl ~~ . Y ~Y15 YOJY tll N~ O m ;~ _ I , I ,a ~ _ - ~ _ ~ Q ~ O ..k~ ` ~ _ r.l I { ... 1 ~ ~ _ N li O ''~^^ V ' . 2 O ~ 6 g ~~~~ ~ '~ _ ~ Q ~ FF ~ ~.+~ . .Y~,r - i+ • .. i W C G a ~ ~~ ~~~ ~~ _ 4 _ _ ~ ~~ ~~ ~ ~ ~ 0 _ ~~ Z _ _ ~ ~ _ _ - @S i ~ ® ~ _ 0 0 ^ - S~~ ~ Q - _ - a `~ _ _ ~~ ~ ~ ~a~ I ~~~ ~ Z m '<- ~ ~ ~ ~ ~ ~_~ ~ ~ ~ ~ O u I 3 ORD. NO. 19-09 ~Cl Creation of the Authority Composition and Provisions Relating to lyiembers: There is hereby created a board composed of seven members to be known officially as the "Delray Beach Downtown Develo~tnent Authority t' It is hereby constituted a bod~rporate and an agency of the City and performance by the Authority of its duties and exercise of its powers are hereby designated municipal functions and shall be so construed. ~I~ The City Corram.ission shall by vote of a majority of its entire membership appoint the members of the Authoritlr~ and b vote of four-fifths of its entire membership, after notice specifying the charges and a hearing held not earlier than ten days after personal delivery of notice or mailing thereof by registered or certified mail addressed to the member at his or her latest known residence, the City Commission may remove a member of the Authors for good cause, including willful neglect of duty, incompetence or unfitness to perform his or her duty, or conviction of an offense involving moral turpitude. A member so removed shall be entitled to review by the circuit court of the action taken. ~~ Each member shall be appointed for a term of three years beginning ~ulv 2. Two members shall be appointed commencing on ~y 2 following_ the referendum approving the expansion of the Delray Beach Downtown Development Authority boundaries. ~3~ To quafify for appointment to the Authority, and to remain qualified for service on it` a prospective member ar a member already a~~ointed shall reside in or have his or her~rinci~al dace of business in the City and shall not be serving as a City officer or employee. At least four of the members shall be owners of realty within the Downtown area, a lessee thereof required by the lease to pay taxes thereon, or a director, officer, or managin, ~ agent of an owner or of a lessee thereof so required to pay taxes thereon. To the extent that it is possible, appointments to the Authority shall be made so that the members shall be geograt_ hicall~proportioned as evenl, as is possible within the Downtown area as described in Section $.2.2(B~. (41 vacancy in office, which shall be .filed within thirty days of its occurrence for the remainder of the unexpired term. shall occur whenever a member is removed from office, becomes disqualified or otherwise unable to senTe~ resigns, or disappears without explanation for a period of six months. The City Commission shall fill any vacancy in office for the unexpired term. (5) Each member of the Authority shall serve without compensation for services rendered as a member but may be reimbursed by the Authority for necessar~T and reasonable expenses actually incurred in the performance of duty. The Authority need not but may require that all of its members or any or all of its officers or employees be required to past bond far faithful performance of duty, and the Autharit,Lshall pay bonding costs No member of the Authority shall be personally liable far any action taken in attempting in good faith to perform his or her duty or far a decision not to act, except in instances of fraud or willful neglect of duty. ~D~ Authority Bylatvs and internal Government• The Authority shall formulate and may amend its own rules of procedure and written bylaws not inconsistent herewith A majority of its entire ORD, NO. 19-0} membership shall constitute a quorum for the transaction of business. All action shall be taken by at least four affirmative votes of the .t~uthority, and each member present shall vote on each matter unless barred from voting as herein provided. The Authori shall select one of its members as Chair and another as Vice Chair and shall prescribe their duties, powers and, terms of serving. It shall hold regular meetings at least once a month and shall provide in its bylaws for holding st~ecial meetings. All meetings shall be open to the public. The bylaws mawprovide for the Mayor of the City or his or her representative, to attend meetings of the Board as an ex officio member, but he or she shall not have any vote or rower over the Board except that he ar she shaIl be entitled to speak on any issue or question before the Board. jEl Functions of the Authority: The Authori , shall perform the following functions: ,(~ Prepare an analysis of the economic conditions and changes occurring in the Downtown area, including the effect thereon of such factors as metropolitan growth, traffic congestion, lack of adequate parking and other access facilities, and structural obsolescence and deterioration. (2~ Formulate long-range plans for improving the attractiveness and accessibility to the public of Downtown facilities, rromotiog efficient use thereof, remedying the deterioration of Downtown property values, and developing the Downtown area. (3~ Recommend to the City Commission and to Downtown businesspersons and residents the actions deemed most suitable for implementing the Downtown development plans, including removal. razing, repair, renovation, reconstruction, remodeling, and improvement of existing structures. addition of new structures and facilities, relocation of any of those existing, and changes in patterns of and facilities for ,getting thereto and therefrom. f<4~ Participate actively in the imrlementation and execution of Downtown development plans? including establishment. acc~uisitiona construction. ownership financing leasing, licensing, operation. and management of public facilities deemed feasible and beneficial in effecting implementation, but this paragraph shall. not give the Authori~ an~pawer or control aver any City property unless and until assigned to it by the City Commission under the provisions of paragraph ~G~ of this section. (57 Participate aetivel~in plans and programs to encourage economic development and promotion of the Downtown as a prosperous Downtown Area. (6~_Carrv on all projects and undertakings authorized by law and within the limits of the powers granted to it by law, and such additional public projects and undertakings related to the Downtown area as the City Commission may assign to it with its consent ORD. NO. I9-09 ,~~} Powers of the Authority In the performance of the functions vested in or assigned to the Authority it is hereby granted the following ~awers: ~1} To enenter into contracts and agreements and to sue and be sued as a bod6y corporate; ~~To have and use a corporate seal; ~,} To acquire own convey, or otherwise dispose of lease as lessor or lessee, construct maintain improve, enlarge, raze relocate, operate and manage ~ro~erty and facilities of whatever tyke and €yrant ar acquire licenses easements and options with reslaeet thereto To accetat grants and donations of any tyke of ~ro~erty~ labor or other thing of value from any public ar private source; ~5} To receive the proceeds of the tax hereby imb~ ased; ~6} To receive the revenues from any,_~aro~erty ar facility owned, leased, licensed, or operated by it or under its control, subject to the limitations im~ased upon it by trusts ar ather agreements validly entered into by it; j7} To have exclusive control of all funds legally available to it. subject to limitations unlaosed upon it by law or by any agreement validly entered into byit; To cooperate and enter into agreements with any governmental agency or other public body; (9} To make to ar receive from the City or Palm Beach County conve aka leasehold inter_~rants contributions loans, and other rights and privileges; ~~ To request by resolution that the City exercise its municipal dower of eminent domain in specific instances for the use and benefit of the Authority= and, if the Ci , complies with the request and the ,~ro_ berry involved is acquired, the Authority shall take over and assume control of such ~ro~erty on terms mutually a~r~~on between the City and the Authority,, but the Authority shall not thereafter be authorized to sell, lease, or otherwise dispose of such frro~ert~so acquired. without the formal consent of the City Commission; (111 To issue and. sell revenue certificates as hereinafter provided, or in any other manner permitted by law and not inconsistent with the provisions hereof, and to take all steps deemed by it necessary or expedient far efficient ~re~aratian and marketing of the certificates at public or private sale at the best price obtainable, including the entx~ into binding agreements with corporate trustees, underwriters, and the holders of the certificates, and the e, mt~loyment and t~ayment, as a necessax~ expense of issuance, for the services of consultants on valuations costs, and feasibility of undertaking, revenues to be anticipated and other financial matters, architecture, engineering, legal tJRD. NO. 19-09 matters accounting matters and any other fields in which expert advice rrxa by e needed to effectuate advantageous issuance and marketing; X1,2) To fix regulate and collect rates and charges for facilities and services furnished by it or under its control and to pledge the revenue to the payment of revenue certificates issued by it• (l3) To borrow money on its unsecured notes, for a period not exceeding nine months, in an a re ate amount for all autstandin unsecured notes not exceedin fif ercent of the proceeds received during the imrnediately_prior fiscal year from the tax hereby imposed, and at an annual rate of interest not exceeding the rate being charged at the time of the loan by banks in the City on unsecured short-term loans to local businesses (14~Ta acquire by rental or otherwise and to equip and maintain a principal office for the conduct of its business' (l5~ To employ when deemed necessary, and prescribe the duties, authority, compensation, and reimbuzsement of expenses of the Director of the Authority, who shall act as its chief executive officer, a ,general counsel, who shall be an attorney with at least two years of experience in active Florida ,practice and so eng_a~ed at the time of appointment, and such other personnel as it may, after consultation with the Director. deem necessary from tine to time: Provided, its t~ersonnel shall not be under civil service regulations and shall be employed to serve at its pleasure. Its personnel shall not while employed by it serve as City officers or employees, and, with the exception of its Secretary, shall not while employed by it serve as a member of it; and (1 ~l To exercise all powers incidental to the effective and ext~edient exercise of the foregoing~awers to the extent not in conflict herewith or inconsistent herewith. ~G~ Levy of Ad Valorem Tax: For the fiscal year of the Authority beginning within the calendar year l X72, and far each fiscal year thereafter, an ad valorem tax in addition to all other ad valorem taxes is hereby levied annually for the purpose of financing the operation of the Authority on all property in the Downtown area that is subiect to ad valorem taxation for City ,operation expenses. The tax base shall be the assessed valuation made annually by the County tax assessor. The rate shall be one rni11 on each dollar of tax base in 172 and each year thereafter provided for each~ear after the first year of levy the Authority, by written notice to the County tax collector at such time as he or she shall specific. may set a rate of less than one mill for the ensuing fiscal year. The Count-~T tax collector shall collect the tax when and in the same manner in which he or she collects the City ad valorem taxes, with the same discounts far early_pa~t and shall pay the proceeds into the City treasury for the account of the Authority. (H) Authority I~ecards and Fiscal Management: The fiscal year of the Authority shaIl coincide with that of the City. (1) All funds of the Authority shall be received, held, and secured like other public oxD. moo. ~ s-a~ funds by the apx~rapriate fiscal officers of the City The funds of the Authority shall be maintained under a separate account shall be used for only the 'purposes herein authorized and shall be disbursed only by the direction of or with the approval of the Authority, pursuant to requisitions signed by the Director or other designated chief fiscal officer of the Authority and countersigned in such instances and manner as the Autharit~ylaws may Prescribe. The Authoxi ma~Pay the City, as an operating expense a reasonable amount for the services rendered by the City to it at its re uest. (2~ The Authority bylaws shall provide for maintenance of minutes and other official records of its Proceedings and actions, for~reparatian and adoption of an annual budget for each ensuing fiscal year, for internal supervision and control of its accounts, which function the aP~ropriate City fiscal officers may_perforsn for it at its request and for an external audit at least annually by an independent certified Public accountant who has no ,personal interest, direct or indirect. in its fiscal affairs. The bylaws shall specify the means by which each of these functions is to be performed and, as to those functions assigned to Authorit~~ Personnel the manner and schedule of.perfarmance. j3~ No member or employee of the Authori , shall Participate by vote ox otherwise an behalf of the Authoriti~ in any matter in which he or she has a direct financial interest ar an indirect financial interest other than that of the benefits to be derived generally from the development of the .Downtown area. Participation with knowledge of such interest shall constitute malfeasance and shall result, as regards a member, in automatic forfeiture of office or, as regards an employee, in prompt dismissal. ~I~ Tax Exemption of Authority Property: All income, donations,~r~a~erty, and facilities of the Authorit,~are hereby dedicated to the effectuation of essential municipal purposes, their use is declared an essential municipal function, and they are gxanted the same exemptions from taxation as are afforded to income. Property, and facilities of the City Provisions Governing Issuance of Certificates; Issuance of revenue certificates bathe Authority sha]1 be governed by the fallowing ~e~ neral Provisions: ,~1~ Revenue certificates for purposes hereof are limited to obligations that are secured solely by,~ledge of revenues produced by the facility or facilities for the benefit of which the certificates are issued and the sale proceeds used, that da not constitute a general debt of the Authority, that are not secured directly or indirectly, in whole or in paxt, by pledge of taxing~ou=ers, and that do not constitute a lien or encumbrance, legal or equitable, on any real property of the Authority or on any of its Personal property other than the xevenues pledged to secure payment of the certificates. ~2~ The faith and credit of the City shall not be Pledged and the City shall not be obligated directly or indirectly to make any~ayments on or appropriate any funds far certificates issued by the Authority. C}RD. N0. 19-09 i3~ The rate or rates of interest and the sale price of the certificates b~ e Authority shall be such that the net interest cost to it on the proceeds received from the sale shall not exceed an average annual rate of eight percent computed with relation to the absolute maturity of the certificates in accordance with standard tables of bond values and excluding from the computation the amount of an~,premium to be paid on redemption of the certificates prior to maturity. (4~_ Before issuing any revenue certificates, the Authority shall, as to each issue: (a) prepa~r procure from a reputable source detailed estimates of the total cost of the undertaking fox which the certificates are contemplated and of the annual revenues to be obtained therefrom and pledged as security f~ayment of the certificates; (b) determine that the anticipated net proceeds from their sale, together with any other funds available and intended for the purposes of the issue, will be sufficient to cover all costs of the undertaking and of preparing and marketing the issue or connected therewith; (,c, determine that the annual revenues anticipated from the undertaking will be sufficient to pay the estimated annual cost of maintainizlg, re~airin~, operating, and replacing to any necessax~ extent not only the undertaking but also the punctual payment of the principal of and interest on the contemplated certificates; and ~ shall specify these determinations in and include the supporting estimates as parts of the resolution providing for the issue. ,~51 The Authoritt~ may, as to a~ issue or revenue certificates, engage the services of a corporate trustee for the issue and may treat any or all of the costs of carrying out the trust agreement as part of the operating costs of the undertaking for which the certificates are issued. ,~6) The Authority shall from time to time establish such rentals. rates, and charges or shall by legally binding agreement maintain such control thereof, as to meet punctuallypayments on the certificates and also the costs of operation of the undertaking and its maintenance and repair, including reserves therefor and for depreciation, replacement. and any necessary extensions. (7) Revenue certificates may be issued fo__~ rposes of funding refunding, or both. (8~ All revenue certificates issued pursuant hereto shall be negotiable instruments for all purposes. ,(l~l Transfer Upon Cessation of the Authorit~r~ Should the Authority cease to exist or to operate for whatever reason all its property of whatever kind shall forthwith become the property of the City, subject to the outstanding obligations of the Authority, and the City shall use this property to the maximum extent then practicable for effectuating the purposes hereof and shall succeed to and exercise all powers of the Authority insofar as such exercise is not in conflict with or inconsistent with the provisions of the CitGT charter or other law applicable to the City Section 3. That Appendix "B", "Dotivntown Development Authority Area Descriptions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby repealed and a new Appendix "B", "Downtown Development OTtD. NC}. 19-49 Authority Area Descriptions", is enacted to read as follows: DOWNTOWN DEVELOPMENT AUTHORITY ARF~A DESCRIPTIONS The descriptions contained in Ap~endzx "B'" have been compiled and are to be used pursuant to Section 8.2.2.(B}. GENERAL DESCRIPTION: ~(1 The original boundaries of the Downtown Development Authority, as established by Section 3, Chapter 71-604 Laws of Florida 1971, effective Ma~22 1971, are eng erally described as follows: Commencing at a point where Northeast 1st Street intersects with the Intracoastal Waterway, run west along Northeast 1st Street to Swinton Avenue, then south along Swinton Avenue to the intersection of Swinton Avenue with the east-west alley south of Atlantic Avenue in Block 69 (as in Plat Book 2, Rage 43} and Block 77 (as in Plat Book 1. Page 3~ then east along the alley to the intersection with the north-south alley in Block 77 then south along that alley to Southeast 1st Street then east along Southeast 1st Street to the intersection with the north-south alley in Block 117 (as in Plat Book 1,, Page 3}, east of Southeast 6th Avenue, then north along the alley in Block 117 to the northwest corner of Lot 18, Block 117, then east along the south line of Lot 17 of Block 117 and the south line of Lots 10, 45 57 and 92 of Palm Square, an unrecorded plat located in Block 125 and the North Half of Block 133 (as in Plat Book 1, Page 3~, to the Intracoastal Waterway then north along the Intracoastal Waterway to the Point of Beginning,. (21 The expanded boundaries of the Downtown Development Authori as defined by Section 3, Chanter 2003-314 Laws of Florida 2003. effective ~une 26, 2003, are generally described as follows: Be~innin~ at a point on the intersection of the High Water Mark of the Atlantic Ocean and the easterly projection of the north line of the south half of Lat 13, Plat of the Fractional East Half Section 16. Township 46 South, Range 43 East (according to the Plat thereof as recorded in Plat Book 1. page 25 of the Public Records of Palm Beach County, Florida}; thence in a westerly direction along said eastexl~,,projection, and the north line of the south half of said Lot 13, and the westerly projection thereof, to the centerline of the right of way for Andrews Avenue; thence southerl,~,g said centerline to the easterl~projectian of the south property line of the Beach Cabanas Condominium; thence westerly along said easterly projection and said south property line to the west property line of the Beach Cabanas Condominium; thence northerly_alon~ the west property line of said Beach Cabanas Condominium to the south pry rty line of the Grove Candorninium; thence westerly along said south prapert~= line to the east plat limit of Seabreeze Park Subdivision according to the plat thereof as recorded in Plat Baak 4 Page 31 of the Public Records of Palm Beach Counter Florida~~thence north along said east plat limit to the northeast corner of Lot 21, of said Plat of Seabxeeze Park; thence westerly a1on~ the north line of said Lat 21 and the 10 ORD. NO. 19-09 westerly_projection thereof to the west~lat lixrLit of Seabree~e Park• thence southerlyalong said west Plat limit to the southeast corner of Lot 29, Lawry Park Estates {according to the Plat thereof as recorded in Plat Baok 24. Page 15G of the Public Records of Palm Beach County, Florida; thence in a northwesterly direction to the southwest corner of said Lot 29; thence continuing along the extension of said line to the intersection with the west right of way line of East Raad ~as shown an the said~lat of Lowry Park Estates, thence southwesterl~g said west right of way line to the northeast corner of Barr Terrace Condominium; thence southerlylong the east Property line of the Barr Terrace Condominium and the southerly extension thereof to a point of intersection with the south right of way line of East Atlantic Avenue (also known as State Road 80b): thence westerly along said south right of way line of East Atlantic Avenue to the intersection of the centerline of the Intracoastal waterway right of way; thence northerly along said centerline of the Intracoastal ~Taterwav to the intersection with the easterl~projectian of the centerline of ItiT.E. 1st Street right of way; thence westerly along said easterly projection, and the centerline of N.E. 1st Street right of way to anoint of intersection with the sautherl~projection of the west line of Lot 20, Block 115, Tawn of Linton (according to the Plat thereof as recorded in Plat Book 1. Page 3 of the Public Records of Palm Beach County, Flarida~: thence northerly along said southern projection of the west line of said Lot 2Q to the southwest earner of said Lot 20; thence northerly along the west lot lines of Lots 20 19 18 17 1~ 15 14 13 12 and 11 of said Block 115 to the northwest earner of Lot 11 of said Block 115: thence northerly along the northern. projection of the west line of said Lot 11 to the southwest earner of Lat 2t1. Block 114, said Plat of the Town of Linton; thence northerly along the west line of Lots 20 19 18 17 16 15 14 13 12 and Lot 11 of said Block 114 to the northwest canner of Lat 11 of said Block 114; thence northerly along the northern Projection of the west line of said Lat 11 to the southwest corner of Lot 14, Block 113, Highland Park (accordling to the plat thereof as recorded in Plat Book 2. Page 79 of the Public Retards of Palm Beach, Florida ;thence northerly along the west line of Lats 14. 13, 12, 11, 10, 9. 8, 7, 6, 5, 4, 3. 2a and 1 of said Black 113 to the northwest Corner of Lot 1, of said Block 113; thence northerl~g the northern Projection of the west line of said Lot 1 to the intersection with the centerline of the right of way of N.E. 4th Sheet; thence westerl~g said centerline of N.E. 4th Street to the centerline of the right of way of N.E. 1st Avenue: thence southerly along said centerline of N.E.1st Avenue to the intersection with the centerline of the right of way of N.E. 3rd Street: thence easterl~g said centerline of I~T.E. 3rd Street to the intersection of the northern Projection of the east ,property line of Lat 1, Block 74, plat of the Subdivision of Block 74 (according to the Plat thereof as retarded in Plat Boak 11 Page 12 of the Public Retards of Palm Beach Florida? thence southerly along said projection to the northeast tanner of Lot 1 of said Plat of the Subdivision of Block 74: thence southerl~g the east line of Lots 1x 2 3, 4, 5, 6, 7, 8, 9 10,11, and 12, and the southerl~prajeCtion of the east line of Lot 12 of said plat of the Subdivision of Block 74 to the northeast corner of Lot 1. Block 75, said plat of the Town of Linton: thence southerly clang the east line of Lots 1, 2, 3, 4, 5, and 6, said Block 75, to the northeast tanner of Lat 7 of said Block 75• thence westerly along the north line of Lat 7. Block 75 and the westerlyprojection of said north line of Lot 7 Block 75 to the centerline of the N.E.1 st Avenue right of way: thence southerly along said Centerline of N.E.1 st Avenue right of ~vay to its intersection with the centerline of N.E.1st Street• thence westerly clang said Centerline of N.E.1 st Street to the intersection with the centerline of the Swinton Avenue right of way and N W 1st Street: thence in a westerly direction along the Centerline of hT W 1st Stxeet to a point of 11 ORD. NO. 19-09 intersection with the centerline of N.W. 3rd Avenue; thence in a southerly direction along the centerline of N W 3rd Avenue to a Point of intersection with the easterly extension of the north lot line of Lot 6 Revised Plat of Block 36 Plat Book 5, Page 38, as retarded in the Public records of Palm Beach County Florida• thence in a westerly direction along said extension, and the north line of said Lat 6 and the westerly extensian thereof to a Point of intersection with the Centerline of the narthlsauth alley of said Revised flat of Black 36: thence in a northerly direction slang said centerline to a Paint of intersection with the easterly extensian of the south line of Lot 21, of said Revised Plat of Block 36• thence in a westerly direction along said extensian line, and the south line of said Lot 21 and the westerly extension thereof, to a Point of intersection with the Centerline of N.W. 4th Avenue• thence in a northerly direction along said centerline to a Point of intersection with the centerline of N.W. 1st Street; thence in a westerly direction along the Centerline of N.W.1st Street to a Paint of intersection with the southerly extensian of the Centerline of the north-south alley of Block 27 said Plat of the Tawn of Linton (north half of block has since been replotted to the Plat of Resubdivision of Black 27, Plat Baak 21„~a~e 43, as recorded in the Public records of Palm Beach County, Florida); thence in a northerly direction along said extension line and said centerline of the north-south alley, and the northerly extension of said centerline to paint of intersection with the Centerline of N.W. 2nd Street: thence in a westerly direction along the Centerline of N.W. 2nd Street to a Point of intersection with the northerly extensian of the west line of Lot 1, Plat of Melvin S. Burd Subdivision Plat Baak 11, Page 73, as retarded in the Public retards of Palm Beath County, Florida; thence in a southerly direction along said extension, and west lot lines of Lats 1, 2, 3, 4, 5, 6 7 and 8 said Plat of Melvin S. Burd Subdivision, to a Point at the south west Corner of said lot 8; thence in a westerly direction along the westerly extension of the south line of said Lot 8 and the south line of Lot 16 said Plat of Melvin S. Burd Subdivision to a Point of intersection of a line 135 feet east of and Parallel with, the west line of Block 19, said ,Flat of the Tawn of Linton: thence in a southern direction alan~ said Parallel line to a Point of intersection with a line 135 feet north of and Parallel with, the south line of said Block 19; thence in a westerly direction along said line to a paint of intersection with a line 165 feet west of and Parallel with, the east line of said Black 19; thence in a southerly direction along said line. and southerly extension thereof, to a Paint of irxtersectian with the centerline of N.W. 1st Street: thence in an easterly direction along said Centerline to the Paint of intersection with the northerly extensian of a line 135 feet east of and Parallel with, the west line of Block 20, said Plat of the Town of Linton; thence in a southerly direction along said extensian and Parallel line to a Point of intersection with a line 300 feet south of and Parallel with, the north line of said Block 20; thence in westerly direction along said Parallel line to a Point of intersection with the west line of said Block 20; thence in a westerly direction to a Point at the southeast corner of Lot 17. Block 12, of the flat of the Manrae Subdivision Plat Book 14 Page G7, os recorded in the Public records of Palm Beach County, Florida; thence in westerly dixection along the south line of said Lot 17 and westerly extension thereaf~ta a Point of intersection with the centerline of the north-south alley of said Block 12 Monroe Subdivision; thence in a northerly dixettian along said Centerline to anoint of intersection with the easterly extension of the north line of Lot 26, of said Block 12, Monroe Subdivision• thence in a westerly direction along said extensian and north line of said Lat 26 and westerly extensian thereof to a t~oint of intersection with the centerline of N.W. 7th Avenue: thence in a southerly direction along said Centerline to a Point of intersection with the easterly extension to the south line 12 ORT~. NO. 19-09 of Lat 17 Block 4 said Plat of Monroe Subdivision• thence in a westerly direction along said extension and the south line of said Lot 17 and the westerly extension thereof, and the south line of Lot 26 and 25 Block 4 said flat of 11fZonroe Subdivision, and the westerly extension of said Lot 25 to a Point of intersection with the centerline of N.W. 8th Avenue; thence in a northerl~direCtion clang said centerline to a~aint of intersection with the easterly extension of the south line of the Plat of West Side Heights, flat Book 13, Page 61, as recorded in the Public retards of Palm Beach Counts,, Florida• thence in an westerly direction along said extension, and the south line of said Plat of West Side Heights, and the westerly extension thereof, to a point of intersection with the centerline of N.W. 10th Avenue; thence in a southerly direction clang said centerline to a Point of intersection with the easterly extension of the north line of Lot 11, Block 2, flat of Atlantic Pines, Plat Boak 13, Page 77, as recorded in the Public records of Palm Beach County, Florida; thence in a westerly direction along said extension, and the north line of said Lot 11, and the westerly extension of the north line of said Lot 11 and the north line of Lot 30, of said Block 2, and the west extension of the north line of Lot 30 to a Paint of intersection with the centerline of N.W. 11th Avenue; thence in an westerly direction to a Paint at the northeast corner of Lot 14, Black 1, said Plat of Atlantic Pines; thence in a westerl~direCtian along the north line of said Lot 14, and the westerly extension thereof'to a Paint of intersection with the centerline of the north-south alley Black 1, said Plat of Atlantic Pines; thence in a southerly direction along said centerline to a Point of intersection with the easterly extension of the north line of Lat 34, of said Block 1; thence in a westerly direction along said extension, and the north line of said Lat 34, and the westerly extension thereof, to a Paint of intersection with the centerline of N.W. 12th Avenue; thence in a southerly direction alang_said centerline to a Paint of intersection with the easterly extension of the south line of Lat 21, Black 1, Plat of Atlantic Park Gardens, Plat Boak 14. Page 56, as retarded in the Public records of Palm Beach County Florida: thence in a westerly direction alan,g said extension, and south line of said Lot 21, and westerly extension thereof, and the south line of Lot 12. Black 1, said Plat of Atlantic Park Gardens. and the westerly extension thereof, to a Point of intersection with centerline of N.W. 13th Avenue: thence in a westerly direction to a Point at the southeast tamer of Lot 12, Block 1, Plat of Ckdmanns Subdivision, Plat Book 4, Page 53, as recorded in the pubic records of Palm Beath County Florida; thence in a westerly direction along the south line of said I_ot 12, and the westerly extension thereof and the south line of Lot 21 Block 1 said Plat of Odmanns Subdivision, to a~aint at the southwest tanner of said Lot 21; thence in a souther dixettian to a Paint at the northwest Comer of Lot 21, Black 4, said Plat of Cfdmanns Subdivision• thence in an easterly direction along the north line of said Lat 21, and the eastern extension thereof. and the north line of Lot 12 said Block 4 and the easterly extension thereof to a Paint of intersection with the Centerline of S.W. 13th Avenue; thence in an easterly direction to a Point at the northwest corner of Lot 12, Black 2, said Plat of Atlantic Park Gardens: thence in an easterly direction along the north line of said Lot 12, and the easterly extension thereof, and the north line of Lat 21, of said Block 2, and the easterly extension thereof, to a Paint of intersection with the centerline of S.W. 12th Avenue: thence in a southerly direction along said center line to a Paint of intersection with the westerly extension of the south line of Lot 13, Black 5 Plat of Atlantic Gardens, Plat Baak 14, Page 63, as recorded in the Public retards of Palm Beath Caunt~, Flarida• thence in an easterly direction along said extension, and the south line of said Lot 13, and easterly extension thereof, and the south line of Zat 22, and the easterly extension thereof to a Point of 13 URT~. Nth. 19-09 intersection with centerline of S.W. 11th Avenue• thence in a southerly direction along said centerline to a Point of intersection with the westerly extension of the south line of Lot 15, Block 8, said Plat of Atlantic Gardens• thence in an easterly direction along said extensian, and the south line of said Lot 15 and the easterly extension thereof, and the south line of Lot 24, of said Block 8, and the easterly extension thereof to a Point of intersection with the centerline of S.W. 10th Avenue; thence in an easterly direction to a Point at the southwest corner of Lat 10, Block 1, Plat of Belair Heights, Plat Book 20 Page 45 as recorded in the Public records of Palm Beach bounty, Florida; thence in an easterly direction along the south line of said Lat 10, and the easterly extension thereof and the south line of Lot 19, of said Block 1, and the easterly extension thereof, to a Point of intersection with the centerline of S.W. 9th Avenue; thence in a southerly direction along said centerline to a Point of intersection with the westerly extension of the south line of Lot 6 Block 2, said Plat of Belair Heights• thence in an easterly direction along said extension. and the south line of said Lot 6. to a Paint at the southeast coiner of said Lot 6; thence in a northerly direction along the east line of said Lat 6, and Lot 5, to a Point of intersection with a line 250 feet north of, and Parallel with, the south line of Lot 9, Plat of the Subdivision of 17-46-43, Plat Book 1, Page 4, as recorded in the Public records of Palm Beach bounty, Florida; thence in an eastexl~ection along said line to a Point of intersection with the centerline of S.W. Sth Avenue: thence in a southerly direction along said centerline to a Point of intersection with the westerly extension of the south line of Lot 16, Black 5, Plat of the Subdivision of Black S~Plat Book 21, Page 43, as recorded in the Public records of Palm Beach Count, Florida; thence in an easterly direction along said extensian, and the south line of Lot 16 and Lot 25, of said Block 5, and the easterly extension of the south line of said Lot 25, to a Point of intersection with the centerline of S.W. 7th Avenue; thence in an easterly direction to the Point of intersection of a line 385 feet south of, and Parallel with, the north line Black 13, said Plat of the Tawn of Linton,, and the west line of said Block 13; thence in an easterly direction along said Parallel line to a Point of intersection with a line 135 west af, and Parallel with, the east line of said Block ,13; thence in a northerly direction clang the directly aforementioned Parallel line to a Point of intersection with a line 250 feet north of, and Parallel with, the south line of said Block 13: thence in an easterly direction along the directly afoxemen-boned Parallel line to a Point of intersection with the centerline of S.W. 6th Avenue; thence in a northerly direction along said centerline to a boint of intersection with a line 290 north o£ and Parallel with, the south line of Block 21, said Plat of the Town of Linton; thence in an easterly direction aloe said PaxaIlel line to a Point of intersection with a line 135 feet east of. and Parallel with, the west line of said Black 21; thence in a southerly direction along directly aforementioned PaxaIlel line to a Point of intersection with the centerline of S.W. 1st Street; thence in an easterly direction clang said centerline to a Point of intersection with the southerly extension of the west line of Lot 27, Block 29, Plat of the Resubdivision of Blacks 29 & 37, Plat Book 9~ Page 66, as recorded in the Public records of Palm Beach County, Florida• thence in a northerly direction along said extension, and the west line of Lots 27, 26, 25, 24, 23, 22, 21, 20, 19, 18, 17, 16, 15, 14 (all in said Black 29~, to a Point at the northwest earner of said Lot 14: thence in an easterly direction clang the north line of said Lot 14 and easterl~xtension thereof,_ta a Paint of intersection with the centerline of S.W. 4th Avenue• thence in a southerly direction along said centerline to a point of intersection with the centerline of S.W. 1st Street: thence in an easterly direction alan~ the centerline of S.W. 1st Street to a~aaint of intersection with the centerline of S.W. 3rd Avenue; thence in a southerly direction along the 14 ORD. NO. 19-t}9 centerline of S W 3rd Avenue to a Point of intersection with the westerly extension of the south line of the Plat of Palm .Beach County South Caunt~~udicial Centex, flat Baok 60, Page 124, as recorded in the Public retards of Palm Beach County, Florida; thence in an easterly direction along said extension and the south line of said Plat of Palm Beach Counter South County ~udicial Center, and eastern extension thereof, to a Point of intersection with the centerline of S,W. 2nd Avenue; thence in a northerly direction along said centerline to a Point of intersection with the centerline of S.W. 1st Street; thence in an easterly direction along the centerline of S.W. 1st Street to a ,Point of intersection with the centerline of S. W. 1st Avenue: thence in a northerly direction along the centerline of S.W. 1st Avenue to a Point of intersection westerly extension of the south line of Lot 1, Black 61, said Plat of the Town of Lintoni thence in an easterly direction along said extension, and the south line of Lots 1, 2. 3, 4, said Block 61, and the easterly extension of said Lat 4. to a Paint of intersection with the centerline of Swinton Avenue: thence sautherlLalang said centerline of Swinton Avenue to its intersection with the westexl~Pxo~ettion of the north line of Lat 7~Plat of the Subdivision of Black 69, flat Book 2~Page 43, as recorded in the Public records of Palm Beach County, Florida; thence easterly along said westerl~Projection to the northwest corner of said Lot 7; thence east clang the north line of said Lat 7, to the northeast corner of said Lat 7; thence easterly= along the westexly~rojection of the north line of Lot 24, said Plat of the Subdivision of Block 69, to the northwest corner of said Lat 24; thence easterly a~ long the north line of said Lot 24 to the northeast corner of said Lot 24: thence easterly clang the eastern Projection of the north line of said Lot 24 to the intersection with the centerline of the right of way of S.E. 1st Avenue; thence southexl,~ong said centerline of S.E. 1st Avenue to the intersection with the centerline of the right of way of S.E. 2nd Street; thence easterly along said centerline of S.E. 2nd Street to the intersection of the northerly_Proiectian of the west line of Lot 2, Roebucks Resubdivision of Block 103 ~attording to the Plat thereof as retarded in Plat Book 28. Page 1 ~ of the Public Records of Palm Beach County, Florida); thence southerly along said northerl~Projection of the west line of said Lot 2 to the northwest canner of said Lat 2; thence southerly along the west line of Lots 2, 3. 4, 5 6 7, 8 9 10 and 12 of said Roebucks Resubdivision of Block 103 to the southwest corner of said Lot 12; thence southerly along the south Projection of the west line of said Lot 12 to the intersection with the centerline of the ris~h~ t of way of S.E. 3rd Street; thence easterly along said centerline of S.E. 3rd Street to the sautherl~Prajection of the west line of Lot 13, Gracey-Byrd Subdivision of Black 11 ~ according to the Plat thereat as recorded in Plat Boak 10. Page 52 of the Public Records of Palm Beach County, Florida; thence northerly along said southerl~projettion of said Lot 13 to the southwest tourer of said Lot 13Lthence northerly along the west lot line of Lots 13 14 15 16, 17 1$, 19, 20, 21, 22, 23, and 24, of said Plat of Gracey_Byrd Subdivision to the northwest corner of Lot 24. of said Gracey-Byrd Subdivision; thence northerly along the northern Projection of the west line of said Lat 24 to the southwest corner of Lot 12, subdivision of Black 118 (according to the Plat thereof as recorded in Plat Boak 2. Pia e 8 of the Public Retoxds of Palm Beath County Florida7• thence northerly along the west lines of Lats 12 11, 10 9, 8 7, ~ 5 4, 3, 2, and 1, of said subdivision of Black 118 to the northwest Corner of Lot 1 of said subdivision of Black 118• thence northerl~g the northern Projection of the west line of said Lot 1 to the southwest corner of Lot 24. Block 117, said Plat of the Town of Linton• thence northerly clang the west line of Lots 24 23, 22, 21, 20, and 19 of said Black 117. to the southwest corner of Lot 18 of said Block 117• thence easterly along the south line of said Lot 18 and easterly Projection thereof to the east right of way 15 ORD. NO. 19-Q9 line of S E. 7th Avenue• thence northerly along the east right of way line of S.E. 7th Avenue to the northwest corner of Lot 12, Palm Square an unrecorded plat located in Black 125 and Block 133, said ,plat of the Town of Zintan• thence easterl~alan~ the north lot lines of Lots 12 43, 59, and 90 of said unrecorded plat of Palm Square, and easterly trajection of the north line of said lot 90. to the point of intersection with the east right of way line of the Intracoastal Waterway: thence southerly along the east right of wade of the Intracoastal Waterway to the southwest corner of the Waterway East Commercial Condamini~perty; thence easterl~g the south line of said property and easterly_extension thereof to the southwest earner of Lot A. Tohn B. Reid's Village Subdivision (according to the plat thereof as recorded in flat Baok 21. Page 95 of the Public Records of Palm Beach County,. Florida; thence easterly along the south line of said Lat A. to a point on the southeast corner of said Lot A; thence in a northerly direction along the west line of Lot 7, Block C of said flat of Tohn B. Reid's Village Subdivision to the northwest corner of said Lot 7: thence easterly along the north line of said Lat 7, to the northeast corner of said Lot 7; thence southerly along the east liste of said Lat 7 to the southeast corner of said Lot 7: thence in an easterly direction to the southwest earner of Lot 8, Block 4. Ocean Park Subdivision according to the~lat thereof as recorded in Plat Baok 5. Page 15 of the Public Records of Paltx~ Beach County. Florida); thence easterl,~alc~ng the south line of said Lat $ to the southeast corner of said Lat 8; thence in a northerly direction along the east line of Lots 8, 7. and 6, to the northeast corner of said Lot 6 (being in Block 4. Ocean Park Subdivision, as recorded in Plat Book 5. Page 15 of the Public Records of Palm Beach County, Florida}; thence easterly to the southwest corner of Lot 8, Block 3 of said C>cean Park Subdivision; thence easterly along the south line of said Lat 8 to the southeast carnet of said Lot 8; thence northerly along the east line of said Lot 8 and Lot 7 to the northwest career of Lot 24, Block 3 of said C-cean Park Subdivision; thence easterly along the north line of said Lot 24, to the northeast earner of said Lot 24; thence easterly to the northwest corner of Lot 7, Block 2, of said Ocean Park Subdivision; thence in an easterly direction along the north line of lots 7 and 24. Block 2, of said Ocean Park Subdivision, to the northeast corner of said Lot 24; thence easterly_to the northwest corner of Lot 16, Block 1, of said Ocean Park Subdivision; thence easterl,T~g the north line of Lots 16 and 2 Block 1 of said Ocean Park Subdivision to a paint at the northeast earner of said Lot 2, Block 1. of said Ocean Park Subdivision; thence easterly along an extension of the north line of Lot 2, Block 1. of said Ocean Park Subdivision to the mean high water line of the Atlantic Ocean; thence nartherl,~long said high water line to the point of beginning_ Section 4. That should any section ar provision of this ordinance or any portion thereof, any paragraph, sentence, ar ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whale or part thereof other than the part declared to be invalid. Section 5. That all ordinances ar parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. 16 C7RD. NO. 19-09 ~„ PASSED AND ADAPTED in xegulax session an second and final reading an this the day of 7~a~c3ri ~ , 2009. MAYOR A EST d~- ~ _~ '~~~ City Clerk h'irst Reading ~~ 'a7 ° b~ Second Reading fly--,~a `- C~' 17 flRI~. NO. 14-04 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: April 16, 2009 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF APRIL 21, 2009 ORDINANCE NO. 19-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading for an ordinance amending aCity-initiated amendment to Land Development Regulations (LDR) Article 8.2, "The Downtown Development Authority", to address the 2003 revisions to the "Delray Beach Downtown Development Authority Act" (HB 299); and to modify the DDA boundary description (Appendix B) and map to include the expanded DDA area between Swinton Avenue and I-95. BACKGROUND At the first reading on April 7, 2009 the Commission passed Ordinance No. 19-09. RECOMMENDATION Recommend approval of Ordinance No. 19-09 on second and final reading. ORDINANCE N0.19-09 AN ORDINANCE OF THE QTY COMNIISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, AMENDING ARTICLE 8.2, 'SHE DOWNTOWN DEVELOPMENT AUTHORITY. (DDA)", BY REPEALING SECTION 8.2.2, "PROVISIONS OF THE ACT", IN ITS ENTIRETY AND ENACTING A NEW SECTION 8.2.2, "PROVISIONS OF THE ACT", TO BE CONSISTENT WITH CHAPTER 2003-314, LAWS OF FLORIDA 2003; REPEALING APPENDIX "B", "DOWNTOWN DEVELOPMENT AUTHORITY AREA DESCRIPTIONS" AND ENACTING A NEW APPENDIX "B", "DOWNTOWN DEVELOPMENT AUTHORITY AREA DESCRIPTIONS", TO MODIFY THE DESCRIPTION AND PROVIDE FOR EXPANSION OF THE DOWNTOWN DEVELOPMENT AUTHORITY AREA; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on March 16, 2009 and voted 5 to 0 to recommend that the changes be approved; and WHEREAS, ptnsuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Corrunission of the City of Delray Beach finds the ordinance is consistent with the goals, policies, and objectives of the Comprehensive Plan NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMNIISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein Section 2. That Article 8.2, "The Downtown Development Authority (DDA)", Section 8.2.2, "Provisions of the Act", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby repealed and a new Section 8.2.2, "Provisions of the Act" is enacted to read as follows: Section 8.2.2 Provisions of the Act; (A} Definition and Rules of Constn~ctaon: Unless qualified in the text the following definitions and rules of constnaction shhall ably hereto: (2 "City`" and "Delray Be~h" means the City of Delray Beach, Florida (4} "Downtown" and "Downtown area" mean the area herein descnbed and to which this Act larimarily relates, including the central business d>Ltrict and its environs. (5} „Herein." "hereby", "hereof ',and similar comlaounds refer to the entire Act. ~} "Including„ shall be cons as merely introducing illustrative exam~rles and not as limiting in any the generality of the inclusive term ~7) 'orit~' without qualification means a ~tyof a ctuonun (8} "State" means the State of Florida. ~B} Downtown .Area Description: The original boun~ of the Downtown DeveloFrnent Authority as established by Section 3, Cha~ater 71-604 Laws of Florida 1971, effective May 22,197E "I~rlaF of the Downtown Development Authority Area", and are generally described within pendix B of the Land Develo~snt Regulations (1~ Malr of the Downtown Develolament Authorit~l?~tea: QRD. NO. 19-09 ~ ! ~ Y ~ o ` ~ k ~~~ $$ p ~~tl ~~ A Y M } ^ q b 3 4 Y M ~@ _ i . tYtSYOar bt Hr ~ !. .' , Yt . ` m ~ ', 1 { ~ I -.~i~i~n ; _ I. ~ ~ ~ ~ i 1 rt ~ ~ __ ... t ~ is ~:'i I ~ .,.._ ' ~ i I ( O ~ t~ + k Li Z ~~ = 0.' Q d ! I . i ~ ~. .. ~ 1 . ;; ~ i ;;' ~ ~ ~ ~ ~ ,,. W ~ ` ~ j i i gp E ~ ~~~ ~'~9 ~~ 1 ~ - - - ~ I ~~ ~ t - T r [ ` ~ O e ~ .-. i ,. .. LQ s ~- - - 3 - - Q 0 11 g •~• a ~ ~ _ - ~ I b g ~~ ro ~ ~ ~ $i ~ _ ~z ug q ~ a 3 ORD. NCt. ] 9-09 Downtown Development Authority" It is hereby constituted a body corporate and an agenc, oy f the s~ec'~f~~ng the charges and a hearing held not earlier than ten da, s~~ersonal delivery of notice willful ne ect of duty, incompetence or unfitness to perform his or her duty, or conviction of an offense involving moral turpitude. A member so removed shall be entitled to review by the circuit court of the action taken. expansion of the DelrayBeach Downtown Development Authorityboundaries. ~) To qualify for anointment to the Authority, and to remain qualified for service on the members shall be owners of realty within the Downtown area, a lessee thereof req~.rired by the lease to Eay taxes thereon, or a director, officer, or managul~ agent of an owner or of a lessee possible within the Downtown area as described in Section 8.2.28). (4) Vacancy in office, which shall be filled within fl~urtLys of its occu~lce for the remainder of the unexpired term, shall occur whenever a member is removed from office, becomes disqualified or otherwise tenable to serve, resigns, or disarmears without explanation for a period of six months. The City Commission shall fill any vacancy in office for the unexpired term (5) Each member of the Authority shall serve without comt~sation for services rendered as a member but may be reimbursed be the Authority for necessary and reasonable expenses actually incun~ed in the perforntivlce of duty The Authority need not but maL trire that all of its members or any or all of its officers or employees be reatrired to post bond for faithful performance of duty and the Authorii~~ shall. ~ay bonding costs. No member of the Authority shall (D) Authorit~ylaws and Internal Governn~lt: The Authority shall formulate and may amend its own rules of procedure and written bylaws not inconsistent herewith A majority of its entire ORD. NO. 19-09 membership shall constitute a rurn for the transaction of business. A11 action shall. be taLcen by at least four affim~ative votes of the Authority] and each member presestt shall vote on ea+:h matter Lmless barred from voting as herein. rnovided The Autharif~r shall select one of its merribers as Chair and another as Vice C~iair and shall Fx~scxibe their duties The bylaws may tiravide for the Mayor of the City or his or her representative, to attend meetin of the Board as an ex officio member, but he or she sJhall not have any vote or Fownr over the Board except that he or she shall be entitled to speak on any issue or question before the Board ,~~~ Functions of the Authority Z'he Authority shall Ferfom~E the follov~~ng functions: (11 PreFare an a~:tal~sis of the economic conditions and changes occurring in the Downtown area, including the effect thereon of such factors as metroP~an gro~?th, traffic congestion, lack of adequate parking and other access facilities, and struc~.zral obsolescence and deterioration ~) Formulate long-range Flans for imFmvin~ the attractiveness and accessibili , to the Public of Downtown facilities, Promoting efficient use thereof. remedying the deterioration of Downtown FroFerty values, and developing the Downtown area changes in Patterns of and facilities for getting thereto and therefrom (4) Participate actively in the imPlementatian and execution of Downtown development irrxFlementatian, but tlvs Paragraph shall not give try Authority an~r Fow~r or control over any City property unless and until assigned to it bye City Commission under the Provisions of Faragr h ~6} of this section. (5) Participate actively in Flans and Programs to encourage economic development and Promotion of the Downtown as a prosperous Downtown Ama .(b7 Carry on all protects and undertakings authorized by law and within the limits of the flRD. Nfl. 19-09 Powers of the Authori In the rforniance of the functions vested in or assi ed to the Authority it is hereby granted the following Powers: (1) To enter into contracts and agreerr~ents, and to sue and be sued as a bo ,corporate; (2) To have and use a corporate seal; (3) To acquire, own, convey or otherwise dispose of, lease as lessor or lessee, constnact, maintain, improve, enlarge, raze, relocate, operate, and manageTPerty and facilities of whatever type, and giant or acquire licenses, easements, and options with respect thereto; ~) To accept grants and donations of any type of prot~erty labor, or other thing of value from an~public or private source; ,(5) To receive the proceeds of the tax hereby imposed (6) To receive the revenues from any TPerty or facility owned leas ed, licensed or operated by it or under its control, subject to the limitations imposed upon it by tnzsts or other agXeernents validly entered into by it; ~~ To have exclusive control of all funds legally available to it, subject to limitations imposed upo ,(~ n it by law or by any agreement validly To cooperate and enter into agree entered into b~~ it; ments with any ~venurental a gency or other lic bo (9) To make to or receive from the Cit y or Palm Beach Coun conveya nces, leasehold interests, gra nts, contributions, loans, and other righ , ts and privileges; (11) To issue and sell revenue cerkificates as hereinafter provided or in any other mariner permitted by law and not inconsistent with the provisions hereof and to take all steps deemed bait ORD. NO. 19-09 expense of issuance, for the services of consultants on valuations costs and feasibility of undertaking revenues to be anticipated and other financial matters architecture engineering legal matters accounting matters, and anyother fields in which exFert advice maybe needed to effectuate advantageous issuance and marketing (13) To borrow money on its unsecured notes, for a Period not exceeding nine months, in an aggregate amount for all outstanding unsecured notes not exceeding fifty Percent of the ceeds received durin the irrur~ediatel rior fiscal from the tax hereb and at an annual rate of interest not exceeding the rate being charged at the time of the loan by banks in the City on unsecured short-term loans to local businesses X14, To acclLrire by rental or otherwise and to equip and maintain a ~rinciFal office for the conduct of its business; in Provided its Personnel shall not be under civil service regulations and shall be emFloyed to serve at (161 To exercise all Powers incidental to the effective and exFedient exercise of the foregoing~owers to the extent not in conflict herewith or inconsistent herewith G) Lew of Ad Valorem Tax: For the fiscal year of the Authority beQv~nu1~ within the calendar year 1972, and for each fiscal tiear thereafter, an ad valorem tax in addition to all other ad valorem taxes is hereby levied annually for the FurFose of financing the oFeration of the Authority on all FroFe~' in the Downtown area that is subject to ad valorem taxation for City oFeration exFenses. The tax base shall be the assessed valuation made annually by the County tax assessor. The rate shall be one mill on each dollar of tax base in 1972 and each mar thereafter; Provided for each year after the first year of levy the Authority , by written notice to the County tax collector at such time as he valorem taxes, with the sarr~e discounts for earl payment, and shall Fay the Proceeds into the City treasuryfor the account of the Authority. fly Authority Records and Fiscal Management: The fiscal year of the Authority shall coincide with that of the City (1) All funds of the Authority shall be received held and secured like other Public ORD. NO. 19-09 funds b~ the a~ro~riate fiscal officers of the Citv The f~mds of the Authorityshall be maintained s~ by the Director or other designated chief fiscal officer of the Authority and countetsi, x .(I~ Tax E xemntion of Authority Property: All. income, donations, ~r_ e~rt~ and fa~Vilities of the Authority are herebydedicated to the effectuation of essential mucuciPal Purposes, their use is declared an essential municiaal fLmction and they are granted the same exemrrtions from taxation as l~~ Provisions Governing Issuance of Certificates: Issuance of revenue certificates b~ Authorit~r Khali be governed by the followin~~~rovisions: the certificates. ~~ The faith and credit of the City sl~ail not be iaiedged and the City shall not be obligated directly or indinyctl~r to make an~payrr~nts on or a~ropriate any hinds for certificates issued by the Authority: o~. ~o. rs-os (~ The Authority bylaws shall provide for maintenance of minutes and other official records of its Proceedings and actions for ~re~aratian and adoption of an annual budget for each ensu•~ng fiscal year, for int~x~rial sut~ervision and control of its accounts, which function the an average annual rate of eight percent cars~puted with relation to the absolute maturity of the certificates in accordance with standard tables of bond values and excludin from the co anon the amount of any premium to be paid on rE~clen~'tion of the certificates prior to maturity? the supporting estimates as marts of the resolution providing for the issue. ~5} The Authority may, as to any issl.~e ar revenue certificates, engage the services of a coraorate trustee for the issue and may treat any or all of the costs of cv:rying out the tn~st a~~~eement as part of the operating costs of the underi~aldng for which the certificates are issued. 1:~7 The Authority shall from time to time establish s~~~h :rentals.. rates, and ch~ar~es., or including reserves therefor and f or depreciation, replacement, and any nece ,extensions. (7a Revenue certificates maybe issued for the purposes of funding, refunding; or both ~$} All revenue ce~iificates issued pursuant hereto shill be neeotiable instr~nx~its for all ~zr .x~'ses. exercise all pours of the Authority insofar as such exercise is not in conflict with or inconsistent with the provisions of the City charter or other law apr~licable to the City Section 3. That ~~cl;x `B" "Downtown Development Authonty Area Descnphons", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Floridai be and the same is hereby repealed and a new Appendix 'B" "Downtown Development ox~, .~v.1 ~-ag Authonty Area. Descnptions", ~ enacted to read as follows: DOWI~d'TOV`~~T DEVELOPIti~NT AITTLIOIZITY 1~~IZEA DESCRIPTIONS The descriptions contair~l in Ap~enclix "B" have been corrtpiled and are to be used pursuant to Section 8.2.2,(B~. GENERAL DESCRIPTION: x,11 The original boundaries of the Downtown Developrr~ent Authority as Comrr~ncing at a point where Northeast 1st Street intersects with the Intracoastal Waterway nm west along_Northeast 1st Street to Swinton Avenue, then south. along alley in Block 117 las in Plat Book 1,-Page 3~, east of Southeast 6th Avenue, then north along the alley in Block 117 to the northwest comer of Lot 18, Block 117, then east along the south line of Lot 17 of Block 117 and the south line of Lots 1C1, 45, 57 and 92 of Palm Square, an unrecorded plat located in Block 125 and the North I~[aif of Block 133 has in Plat Book 1, Page 3), to the Intracoastal Waterway then north along the Intracoastal Waterway to the Point of Beg~1g. ~2l 'Ine exi~anded boundaries of the Downtown Development Authority as i o axD. Na. ~ ~-os westerly direction along said easterl~r p'r~ection, and the north line of the south half of said Lot 13, Subdivision (according to the plat thereof as recorded. in Plat Book 4, Page 31 of the Public Records westerl~Pro~ection thereof to the west P~ limit of Seabreeze Park; thence soutl~erl~along said west plat limit to the southeast comer of Lot 29 Lowry Park Estates (according to the Plat thereof as recorded in Plat Book 24 Page 156 of trte Public Records of Palm Beach County Florida; thence in a northwesterly direction to the southwest corner of said Lot 29: thence continuing along. the extension of said line to the intersection with the west right of way line of E ast Road has shown on the said ,P1at of Lowry Park Estates); thence southwesterly a1ar~ sa~ght of way line to the south right of way line of East Atlantic Avenue (also la~rown as State Road S06); thence westerly alorr~ said south right of way line of East Atlantic Avenue to the intersection of the centerline of the Intracoastal Waterway right of way; thence northerl~ang said centerline of the Intracoastal to a Point of intersection with the southerlyPro~ection of the west line of Lot 20, Block 115, Town of Linton ~accarding to the Plat thereof as recorc~d in Plat Book 1, Page 3 of the Ptirblic Records of Palm Beach County , Flarida~: thence norl~~exly along said soutlrerlyTjection of the west line of said Lot 20 to the so~~est corner of said Lot 20: thence northerl,~ng the west lot lines of Lots 20 19 18 17 16 15 14 13 12 and 11 of said Block 115 to the northwest comer of Lot 11 of said west line of Lots 20 19 18 17 16 15 14 13 12 and Lot 11 of said Block 114 to the northwest Street thence westerly along said centerline of N E 4th Street to the centerline of the riektt~y of N.E. 1st Avenue; thence southerly along said centerline of N.E.1st Avenue to the intersection with the centerline of the right of way of N.E. 3rd Street; thence easterl~r along said centerline of N E. 3rd Street to the intersection of the northern rar~ectian of the east PrnE' line of Lot 1 the northeast carver of Lot 1 of said Plat of the Subdivision of Black 74; thence southerly along the e;~st line of Lots 1 2 3 4 5 6 7 8 9 10 11 and 12 and the southerly Projection of the e~~t line of Lot 12 of said Plat of the Subdivision of Black 74 to the northeast comer of Lot 1, Black 75 said 1st Street; thence in a westerly direction along the centerline of N.W. 1st Street to a Point of ~ t oxz>. ~t~, r ~-09 the N.E.1st Avenue ri t of wa thence southerl alo said c terlirre of N.E.1st Avenue ri t of of said Lot 21, and the v~~sterly extension thereof, to a Point of intersection with the centerline of N.W. 4th Avenue; thence in a northerly direction alort~ said centerline to a Point of intersection with the centerline of N.W. 1st Street; thence in a westerly direction along.the centerline of N.W1st Street to a Point of intersection with the southerly extension of the centerline of the north south alley of Block 2?, said Plat of the Town of Linton (north half of block his since been replotted to the Plat of Resubdivision of Block 27, Plat Book 21, Pace 43, as recanted in the Public records of Palm Beach County , Florida); thence in a northerly direction along said extension ]ire and said centerline of N.W. 2nd Street to a Point of intersection with the northerly extension of the west line of Lot 1, flat of Melvin S. Burd Subdivision, Plat Book 11, Page 73, as recorded. in the Public the south west comer of said lot 8; thence in a westerly direction along the westerly extension of the south line of said Lot 8 and the south lute of Lot 16 said Plat of Melvin S. Burd Subdivision to a Point of inttian of a lute 135 feet east of and Parallel with the west line of Block 19, said Plat of direction along said line to a Point of intersection with a line 1b5 feet vest of and Parallel with, the east line of said Block 1 }: thence in a southerly direction along said line, and southerly extension thereof, to a Point of intersection with the centerline of N.W. 1st Street; thence in an easterly direction along said centerline to the t~oirtt of intersection with tfre northerly extension of a line 135 feet south of and Parallel with, the north line of said Block 20; thence in westerly direction along said Parallel lute to a Point of intersection with the west line of said Black 2Q; thence in a westerly direction to a Point at the southeast comer of Lot 17, Block 12, of the Plat of the Monroe Subdivision, Plat Book 14, Page 67, as recorded in the public records of Palm Beach Catmt~ 12 C3RD. NC1, 19-09 with the easterly extension of the north line of Lot 26 of said Black 12 Monroe Subdivision; thence in a westerl.V direction along said extension and north line of said Lat 26 and westerly extension thereof, to a Point of intersection with the centerline of N.W. 7th Avenue• thence in a southerly direction ala said centerline to a int of intecset'tion with the easterl extension to the south line of West Side Heights, and the westerly extension thereof, to a Point of inters~.~ction with the of the north line of said Lot 11, and the north line of Lot 30, of said Block 2` and the westerly extension of the north line of Lot 30 to a Point of intersection with the centerline of N.W. 11th centerline of N.t11T. 13th Avenue; thence in a westerly direction to a Paint at the southeast comer of Lot 12, Block 1, Plat of Odmanns Subdivision, Plat Book 4, Page 53, as recorded in the Public records of Palm Beach County Florida; thence in a westerly direction along the south line of said Lot 12, and the v,~sterly extension thereof, and the south line of Lot 21, Block 1, said Plat of Odmanns Subdivision, to a Point at the southwest corner of said Lot 21; thence in a southerly direct%an to a Paint at the northwest corner of Lot 21, Block 4, said Plat of Odmanns Subdivision; thence in an easterly erection along the north line of said Lot 21, and the easterly extension thereof, and the north line of Lot 12, said Block 4, and tyre easterly extension thereof, to a Point of direction along the north line of said Lot 12, and the easterly extension thereof and the north Sine cif Lot 21, of said Block 2 and the easterl,~extensian thereof, to a Poixrt of intersection with the centerline of S. W. 12th Avenue; thence in a southerly direction along said center line to a Paint of intersection with. the westerl extension of the south line of Lot 13 Black 5 Plat of Atlantic Gardens Plat Book 14 Page 63 as recorded in the Public records of P~ Beach County Flarida~ thence in an easterly direction along said extension, and the south line of said Lot 13 and easterly extension thereof and the south line of Lot 22, and the easterly extension thereof, to a Point of of Lat 17 Block 4 said Plat of Monroe Subdivision; thence in a westerly direction along said extension, and the south line of said Lot 17 and the westerly extension thereof, and the south line direction along said centerline to a Point of intersection with the easterly extension of the south line of Lot 21, Black 1. Plat of Atlantic Park Gardens, Plat Book 14, Page 56, as recorded in the Public thence in an easterly direction to a Point at the southK~st comer of Lot 10, Block 1, flat of Bel!air with, the south line of Lot 9,1'lat of the Subdivision of 17-4b-43, Plat Book 1, Page 4, as recorded in the Public records of Palm Beach Couni~ Florida;, thence in an easterly direction along said line to a Point of intersection with a line 135 feet east of, and Parallel with, the west line of said Block 21; thence in a southerly direction along di7tly aforerrientioned Pa~~llel line to a Point of intersection .., ., r „ .. r ~ . ,,. ,, ,. .. . , .. Resubdivision of Blocks 29 & 3~, Plat Book 9, Page 66, as recorc~d in the Public records of Palm northwest comer of said Lot 14; thence in an easterly direction along the north. line of said Lot 14 and easterly extension thereof, to a Point of intersection with the centerline of S.W. 4th Averrue• intersection with the centerline of S.W. 3rd Avenue• thence in a southerly direction along the i~ axis. tvc~. t~-o~ and the south line of Lot 19, of said Block 1, and the easterlyextension thereof, to a Point of of Palm Beach Count, Florida; thence in an easterly direction along said extension, and the south line of Lot 1~ and Lot 25, of said Block 5, and the easterly extension of the south line of said Lot 25, to a Point of intersection with the centerline of S.W. 7th Avenue; thence in an easterly direction to the~oint of intersection of a line 385 feet south of, and Parallel with, the north line Block 13, said said Block 13; thence in a northerly direction along the directly aforementioned Parallel line to a intersection with the centerline of Swinton Avenue; thence southerly along said centerline of County Florida; thence easterly along said v~sterl~~ro~ection to the northwest corner of said Lot 7; thence east along the north line of said Lot 7, to the northeast comer of said Lot 7; thence easterly along the westerl~pro~ection of the north line of Lot 24, said~lat of the Subdivision of Black 69, to the northwest corner of said Lot 24; thence easterly along the north line of said Lot 24 to the northeast corner of said Lot 24; thence easterl~g the eastern projection of the north line of said Lot 24 to the intersection with the centerline of the ri t of wa~of S.E. 1st Avenue: thence southerly along.said centerline of S.E. 1st Avenue to the intersection with the centerline of the right of way of S.E. 2nd Street; theme easterly along said centerline of S.E. 2nd Street to the intersection of the northerl~r ~o~.~ction of the west line of Lot 2, Roebucks Resubdivision of Block 103 jaccording to the plat thereof as recorded in Plat Book 28, Page 19 of the Public Records of Palm 22, 21, 20, and 19 of said Block 117, to the southwest corner of Lot 18 of said Block 117• thence easterly along the south line of said Lot 18 and easterl~pro~ectian thereof to the east right of way 15 C}RD. NO. 19-09 mid extension and the south. line of said Plat of Palm Beach County South Count~~udicial Center and easterly extension thereof to a point of intersection with the centerline of S. W. 2nd Avenue; centerline of S,W,1st Avenue to a point of intersection westerlyextension of the south. line of Lot 1, 18,19, 20.21,22, 23, and 24, of said plat of Graee~ Byrd Subdivision to the northwest comer of Lot 24, of said Grace;~yrd Subdivision; thence northerly along the northern ~~~ection of the west line of said Lot 24 to the southwest comer of Lot 12. subdivision of Block 118 ~accordin~ to o the plat thereof as recorded in Plat Book 2, Page 8 of the Public Records of Palm Beach Count-, Floridal; Point on the southeast comer of said Lot A; tle in a northerly direction along the Est line of Lot 7. Block ~ of said Plat of John B. Reid's Vil~~ge Subdivision to the northU~t comer of said Lot 7; thence easterly along the north line of said Lot 7, to the northeast comer of said Lot 7; thence southerly along the east line of said Lot 7 to the southeast corner of said Lot 7; thence in an easterly direction to the south~st comer of Lot 8, Block 4, Ocean Park Subdivision according to the Plat thereof as recorded in Plat Book 5, Page 15 of the Public Records of Palm Beach Count, Florida); thence easterly along the south line of said Lot 8 to the southeast comer of said Lot 8; thence in a Palm Beach Count; Florida}; thence easterly to the sauthv~st comer of Lot 8, Block 3 of said Ocean Park Subdivision; thence easterly along the south line of said Lot 8 to the southeast comer of said Lot 8; thence nartherly~ the east 1ir~ of said Lot 8 and Lot 7 to the northt~st comer of Lot 24, Block 3 of said Ocean Park Su]~division; thence easterly along tl~~e north line of said Lot 24, Block_2, of said Ocean Park Subdivision. to the northeast Comex of said Lot 24; thence easterly to comer of said Lot 2, Block 1, of said Ocean Park Subdivision; thence easterl~r along an extension of the north line of Lot 2. Block 1, of said Ocean Park Subdivision to the mean high water line of the Atlantic Ocean; thence northerly along said high water line to the Paint of begixuvng. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be decl~~red by a court of competent jurisdiction to be invalid, s~~:h de~:nsion sll~all not affect the validity of the remainc~r hereof as a ?hole or part thereof other titan the part declared to be invalid. Section 5. That all ordirtartces or parts of ord~ces in conflict herewith be, and the same are hereby repealed Section 6. That this ordinance shall become effective immediately upon its passage an second and final reading. 16 t}RD, NO. 19-09 line of S E 7th Avenues thence northerl~ng the east right of wayline of S.E. 7th Avenue to the north~st comer of Lot 12 Palm Square an unrecorded Plat located in Block 125 and Block 133, said Plat of the Town of Linton; thence easterl~g the north lot lines of Lots 12, 43.59, and 90 of said unrecorded Plat of Palm Square and easterl~proj ection of the north line of said lot 9Q to the PASSE ]~ ~~~D ADOPTED in won on second a~rtd fi~lal on t]vs the day o£ , 21109. MAYOR ATTEST City Clerk First Reading Second Reading 17 ORD. Nfl. 19-{19 ME~OT~-ANDIT~ TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: March 25,,2009 SUBJECT: AGENDA ITEM 12.B. -_REGULAR COMMISSION MEETING OF APRIL 7 2009 ORDINANCE NO. ] 9-09 ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations, Article 8.2 to address the 2003 revisions to the "Delray Beach Downtown Development Authority Act" (HB 299); and to modify the DDA boundary description (Appendix B) and map to include the expanded DDA area between Swinton Avenue and I-95. BACKGROUND In a January 27, 2009 memorandum, City Attorney Susan Ruby compared the functions of the DDA in the Land Development Regulations to those outlined in the Special Act, HB 299, Engrossed 2003, and noted that one of the DDA functions in the Special Act "to participate actively in plans and programs to encourage economic development and promotion of the Downtown as prosperous Downtown Area"- is not expressly included in LDR Section 8.2.2(E), "Functions of the Authority", while all other functions in the Special Act are expressly included. One of the purposes of this amendment is to update Article 8.2 so that all of the 2003 revisions, including references, are included. While most of the changes are minor, the amendment does make several changes related to an increase in the size of the DDA Board from five to seven members. An additional part of this text amendment is to modify Section 8.2.2{B}, "Downtown Area Description", to address expansion of the DDA area between Swinton Avenue and I-95 which occurred by Referendum Election in 1998. Although the referendum was approved, the DDA boundary map and the boundary description {Appendix B) in the LDR's were not amended at that time to include the expanded area. REVIEW BY OTF[ERS The text amendment was considered by the Planning and Zoning Board on March 16, 2009. The Board unanimously recommended approval on a 5 to 0 vote {I-lalberg absent and Perez resigned}, by adopting the findings of fact and'law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5{M} of the Land Development Regulations. On March 9, 2049, the Downtown Development Authority {DDA} recommended approval of the proposed text amendment. Qn March 11, 2009, the West Atlantic Redevelopment Coalition {WARC} recommended approval of the proposed text amendment. On March 12, 2009, the Community Redevelopment Agency {CRA} recommended approval of the proposed text amendment. >EtECOMMENI}ATION By motion, approve on first reading C)rdinance Na. 19-09 for aCity-initiated amendment to the Land Development Regulations as reflected in the attached ordinance, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5{~vl) of the Land Development Regulations. PLANNING AND ZONING BOARD MEMORANDUM STAFF REPC}RT MEETING OF: ;MARCH 16, 2449 AGENDA NO. V.C. AGENDA ITEM: AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS ARTICLE 8.2, "THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA)" TO ADDRESS THE 2443 REVISIONS TO THE "DELRAY BEACH DOWNTOWN DEVELOPMENT AUTHORITY ACT" (HB 299); AND TO MODIFY THE DDA BOUNDARY DESCRIPTION {APPENDIX B) AND MAP TO INCLUDE THE EXPANDED DDA AREA BETWEEN SWINTON AVENUE AND I-95. ~~'ITEM BEFORE THE BOARD - '~~ The item before the Board is that of making a recommendation to the City Commission regarding aCity-initiated amendment to the Land Development Regulations Article $.2 dealing with the Downtown Development Authority. This text amendment was initiated by the Planning & Zoning Board on February 23, 2009. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. DESC~RMPTIQN AND ANALYSIS In a January 27, 20{}9 memorandum, City Attorney Susan Ruby compared the functions of the DDA in the Land Development Regulations to those outlined in Special Act, HB 299, Engrossed, 2003, and noted that one of the DDA functions in the Special Act--"ta participate actively in plans and programs to encourage economic deuelopment and promotion of the Downtown as prosperous Downtown Area"- is not expressly included in LDR Section 8.2.2{E), "Functions of the Authority", while all other functions in the Special Act are expressly included. One of the purposes of this amendment is to update Article 8.2 so that all of the 2003 revisions, including references, are included. While most of the changes are minor, the amendment does include several changes related to an increase in the size of the DDA Board from five to seven members. An additional part of this text amendment is to modify Section 8.2.2(B}, "Downtown Area Description", to address expansion of the DDA area between Swinton Avenue and I-95 which occurred by Referendum Election in 1998. Although the referendum was approved„ the DDA boundary map and the boundary description (Appendix 8) were not amended at that time to include the expanded area. REQUIRED FINDINGS LDR Section 2.4.5(M}{~} tFindings}: Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 9.'1.6{A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Planning and Zoning Board Staff Report LDR Text Amendment -Article 8.2, '"Downtown Development Authority (DDA}" Page 2 The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no applicable goals, objectives or policies noted, While the amendment does not specifically further the Goals, C}bjectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. _. REVIEW BY OTHERS'``~~ Courfesy Notices: Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. Qn March 9, 2009, the Downtown development Authori#y (C}L3A) recommended approval of the proposed text amendment. On March 11, 2009, the Wesf Atlantic Redevelopment Coalition {I~'~ARC) recommended approval of the proposed text amendment. On March 12, 2009, the Community Redevelopment Agency {CRA) recommended approval of the proposed text amendment. ::ASSESSMENT~'AND~CONCLUSI©N~ The purpose of this text amendment is align Article 8.2, "The Downtown Development Authority (DDA"} of the Land Development Regulations with the State Law which establishes the Authority (Chapter 2003-314, Laws of Florida). The amendment also corrects an oversight that the description and map of the DDA area should have been revised in the Land Development Regulations following the 1998 change in the area's boundaries. Positive findings can be made with respect to LDR Section 2.4.5{M}{5}. RECt7MMENDED ACTIQN Move a recommendation of approval to the City Commission for aCity-initiated amendment to Land Development Regulations Article 8.2, "The Downtown Development Authority (DDA)" to address the 2003 revisions to the "Delray Beach Downtown Development Authority Act" (HB 299); and to modify the DDA boundary description (Appendix B) and map to include the expanded DDA area between Swinton Avenue and I-95, by adapting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M){5). Attachments: • DDA Area Location Map • Proposed ordinance 19-09 s:lplanning & zoning\boards\p&z board\Idromendment-dda.dac