04-14-58 e
APRIL 14TH, 1988~
A Regular Meeting of the City Council was held in the Council
Chambers at 7:80 P.M., with Nayor J. LeRoy Croft in the Chair, Acting
C~ty Manager Mark Fleming, City Attorney Harry T. Newett and Commis-
sioners Col. Dugal G. Campbell, Fred B. McNeece, George Talbot Jr.,
and George V. Warren being present.
An opening prayer was delivered by Att'y. J. W. Nowlin.
0n motion of CommissionerMcNeece and seconded by Commissioner
~farren the Council unanimously approved the Minutes for the March 21st
and 24th Meetings.
· Att'y. Charles Fulton, accompanied by Joseph E. Monaghan of Saddle
River Oaks, INC., owners of Lots 2, 8,.4, $, ll, 12 and 1S in Block
l, Ocean Park S/D, addressed the Council and requested, on behalf of
Saddle River Oaks, Inc., permit to construct to the front lot line of
Lots 2 and S, Block l, Ocean Park S/d) without set-back requirement as
allegedlygranted a former ?net.of said Lots.in establishing.the so-
called Brockway Line, at this point, and by wrtue of Resolution No.
640, dated December 8th, 1947.
Att'y. Fulton reviewed some of the documents concerning alleged
comm~ttments of prior Councils and rea~ a copy of letter from C. Y..
Byrd, dated November 12th, 1947, callxng the attention of the Council
to the apparent assurance of.the Council at that t~me, as reflected in
paragraph S thereof, Resolution No. 640, and the Minutes of Council
meeting dated December 14th, 1980, that the set-back deviation allowed
Mrs..Edith. Slane, by virtue of said documents, did constitute partial
conslderatxon for the conveyance by Mrs. Slane to the c~ty, of lands
identified in said Resolution No. 640, and further stated that he had
contacted Members of the 1947 Council, namely Mr. F. B. McNeece, Mr.
B. C. Butler, Mr. John Kabler and Mr. Marshall De~qitt, all of whom
recalled that a commitment had been made by the City which obligation
should be honored by the City.
Commissioner Campbell informed Att'y. Fulton that it was definitely
not the desire nor-intent of the present Council to renege, as the At-
torney had charged, on any promise or commitment of a prior Council,
however, there are definite facts and reasons for the present stand of
the Council which only has records to rely upon, the most important of
which is the fact that Resolution No. 640, executed byMrs. Slane, is
similar to the many other Resolutions created at that time and executed
by property owners reflecting acceptance of the "Brockway Line" as the
West line of Ocean Blvd., which line is recognized by the City for
building and zoning pumposes as the west line of Ocean Boulevard, and
further that no reference nor commitment appeared in Resolution No.
640 indicating any special dispensation relating thereto.
Att'y. Fulton read, again, excerpts from Mr. C. Y. Byrd's letter
of November 12th, 1947, as well as excerpts from the 1980~nutes of
Couucil meetings wherein ratification of permit to build, due to ap-
pa~ent consideration of prior cguncil, was.acknowl?dge~, and requested
thms Council to authorize granting of pemm~t to build in conformance
with the commitment of a prior Council assuring ~s. Slane of such
consideration for the r?linquishment of any claim to all land lying
east of the "Brockway L~ne".
Replying ~o inquiry by Commissioner Campbell, the City Attorney
stated that h~s opinion, previously furnished at the request of the
Council, was to the effect that "examination of the minutes of prior
Council.meeting.s appeared ambisuous and not complete in themselves and
t~at th~s Council or any Council must seek beyond the records to
rive at an intelligent understanding of what was intended at the time
the origiaal agreements were drawn.
APRIL 1~, 1958.
On motion of Commissioner Campbell and seconded by Commissioner
Talbot, the Council considered upholding the action of the Council
as taken on November 12th, 1987, wherein the Building Inspector was
instructed to deny th? request.for permit to construct as per plans
submitted, and that, in all famrness to those concerned, final settle-
ment of the questions involved i~ this matter should be determined in
Court. Upon Call of Roll - Co~ssioners Campbell, Talbot, ~Varren
and iV~yor Croft voted in favor thereof, Commissioner McNeece being op-
posed.
Acting Manager Fleming submitted the following Bids for construc-
tion of Storm Sewers in Section H-l, in Seagate:
Contractor Total Bid
Dargel Construction Co. Inc., Ft.Lauderdale $ 8,445~05
Barbaross~ Constr. Inc., do 11,838;50
Seminole Constr. Co. of Ft. Laud., do 13~625;45
R. H. ~Vright & Son, Inc., do 15,975;60
Elton Harvel Delray Beach 17~558;65
Rainer & Cambron, Inc., Orlando 27,898.00
On motion of Commissioner~¥arren and seconded by Commissioner
Talbot the Council unanimously agreed that Contract for constructzon
of storm sewers and appurtenances thereto in "Section H-l", in Sea-
gate, be'awarded to the low bidder.
City Attorney Harry Newett read an agreement prepared, for consid-
eration by the Council, concernin~ repayment to Mr. Beatty for cer-
tain expenses in connection with znstallation of¥~aterMains along
S.W. 10th Street to Mr. Beatty's S/D "Delray Beach Heights".
Following ? general discussion thereon with Mr. Beatty, and on
motion of Commzssioner Warren, seconded by Commissioner Campbell, the
Council unanimously agreed that upon completion of the installation
of the l0 inch water main along S.W. l0 Street, to the subdivision,
Mr. Beatty shall be paid the difference in cost of 6 inch and 10 inch
pipe necessary for said installation which instm~ation shall be pro-
vi~ed byMr. Beatty, and~ ~urther, that Mr. Beatty shall be reimbursed
for the cost of the six (6) inch Pipe, subject to 'the low bid for same
as determined by the Supt of Public Works, only upon the condition
that Mr. Beatty's agreement to complete fqrSy ~40) or more homes and
provide for occupancy of same within one (1) year from date hereof be
fulfilled.
The Planning Board Report of March 8th, concerning the request of
Att'y. Nell E. Mac Mzllan for the 2e-zoning of $ parcel of land zn
Block 28, wherein the Board recommended denial of the request but sug-
gest?d that, if so directed by the Coungil, the Board would gladly
prowde for a public hearing for re zonm.ng of the ma~or'port~on of
land, now zoned R-2, between ~est Atlantic Avenue and NoW. 2nd Street,
and ~est 1st and ~th Avenues, to R-S, was submitted to the Council
long with Att'y. Mac Nillan's letter of March 25th requesting such
public hearing for the re-zoning of that area now zoned R-2 to
Following consideration and study of this general area as reflect-
ed on the current zoning map, Commissioner Campbell moved that the o-
riginal request of Att'y. Mac Millan for re-zOning of Lot 12 and the
south 49.4 ft of Lot Il, Block 28, be denied, as recommended by the
Planning/Zoning Board, and that the further suggestion of the Planning/
Zoning Board be ack~.owledged and filed. Motion seconded by Commission-
er McNeece and unanimously passed.
Concerning the request of Nfs. MarShy. Smith for pavin$ of S.W. ?rd
Ayen?, from 1st to 2nd Streets, as eriglnally presented zn 1956, Com-
mzsszoner Campbell moved that the City Manager contact the owners of
property abutti.ng on said right-of-way_to determine if said property
owners are willzng to pay the estimated cost of such improvement im-
mediately as the City has no available funds for paving of dead end
streets and must, therefore, provide for such payments in advance of
such street improvement. Motion seconded bY Commissioner Talbot and
unanimous ly agre ed.
On motion of Comm~ssioner Campbell and seconded by Commissioner
Talbot, the Council unanimously agreed that the City Manager be
quested to contact i~rs. Everett V. Hiller, Secretary, Board of Direc-
tors for the Library Association and arrange a meeting date and hour,
at which time and place to be determined, the City Council may meet.
with the Board of Director.s of the Library Association for discussmon
of the matter referred to ~ln Mrs. Miller's letter of April 4th, and
any other items, concerning the Library operations, which may become
before the meeting.
City Manager Fleming then read Ordinance No. G-288:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
FLORIDA, REGULATING
~ SUBDIVISION OF .LAND IN OR ABOUT TO
BE AiINEXED TO THE CITY OF DELRAY BEACH; REQUIRING AND REGU-
LATING THE PREPARATION ~ND PRESENTATION OF PRELD~fINARY AND
FINAL PLATS; ESTABLISHING HINIHU~ SUBDIVISION DESIGN STAND-
ARDS; PROVIDING NINIHUM R,:~PROVEI~ENTS TO BE ~AiDE OF GUARAN-
TEED TO BE MADE BY THE SUBDIVIDER AND PRESCRIBING PENAL-
TIES FOR VIOLATION THEREOF.
(See Photo Copy, Pages 70-A tha-u ?O-M)
Affidavit of Publication of Ordinance. No. G-285, to the extent required
by the City Charter, dated March 27th, 1958, from the De?ay Beach
News, is attached to and forms a part of Ordinance No. G 285.
On motion of COmmissioner ~'~arren and seconded by Commissioner.
EcNeece, the Council unanimously agreed that Ordinance No. G-285 be
passed and adopted on this second and final reading.
The City Manager then read Ordinance No. G-286:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, DESIGNATING SAID CITY AS A BIRD SANCTUARY;
ESTabLISHING REGULATIONS TO PROTECT BIRDS AND ~VILD
AND PRESCRIBING PE~!~LTIES.
(see photo copy, Page 70-N)
Affidavi.t of Publication of Ordinance No. G-286, to the extent required-
.by the C~ty Charter, dated ~arch 27th, 1958, from the Delray Beach News~
~s attached to and fgrms a part of Ordinance No. G-288.
Commissioner NcN.~'ece moved that Ordinance No. G-288 be passed and
a~opted~on-this second and final reading. Motion seconded by Commis-
sioner Talbot and unanimously passed.
City l~anager Fleming then read Ordinance No. G-287:
.~N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEIP~Y
BEACH,-FLORIDA, REZONING AND PLACING OCEAN BEACH LOTS
29, $0, $1 and $2 in "R-S" DISTRICT, AND A~,IENDING "ZON-
ING ~IAP OF DELRAY BEACH, FLORIDA, 1956".
(see photo copy, Page 70-0)
In compliance with Section 29, Article I, of the City Charter, affida-
vit of publication of Ordinance No. G-287, to-the extent required, by
the Delray Beach News, dated March 27th, 1988, is attached to and forms
a part of the original copy of said Ordinance No. G-287.
On motion of Commissioner Campbell and seconded by Commissioner
McNeece, the Council unanimously approved the passing and adoption of
Ordinance No. G-287 on this seco~xl and final reading.
Resolution No. 1095, o~.dering construction of Storm Drains in
Section "D", Seagate, as shown on File .T.F..1868-G, was passed and a-
dopted on Nar.ch 24t.h, 1958, duly advertzsed zn the Delray Beach Jou~
nal, per "Verlficatzon of Lega~l. Publication",. dated April Srd, 1968,
in compliance with Paragraph (4), Section 189, Article XX~ provided
for Public Hearing at t~is'Meeting for objections, if any, to said
proposed improvement.
The City Nanager th~n read Resolution No. 1099:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEIRAY
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PROCEED
I~i~TH THE CONSTRUCTION OF STOP~ DRAINS IN SECTION "D" AS
SHOWN ON STORM DRAINAGE SYSTEM S~VEY FILE T.F. 1888-G,
TCGETHER WITH INSTALLATION OF CATCH BASINS, MAN-HOLES
AND ALL NECESSARY APPURTENANCES IN CONJUNCTION VfiTH SUCH
STORM DRAINS.
(see photo copy, page:~'70-P)
On motion of Commissioner Campbell and seconded.by Commissioner
Talbot, the Council unanimously agre.ed that Resolution No. 10~ be
adopted on this first and final readlngo
Acting Nanager Fleming then read Resolution No. 10~7:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, REQUIRING PLANS, SPECIFICATIONS AND
ESTIMATE OF COST FOR CONSTRUCTION OF STORM DRAINS IN
SECTION "H" AS SHOWN ON STORM DRAINAGE SYSTEM SURVEY
FILE T.F. 1888-E, TOGETHER WITH THE INSTALLATION OF
CATCH BASINS, MAN-HOLES AND'APPURTENANCES IN CONJUNC-
TION ~TH SUCH STORM DRAINS.
(see photo copy; Pages 70-Q & 70-R)
Commissioner Campbell mc.red that .Resolution No. 10~? b.e .adopted
on this first and final reading. Not,on seconded by Commissioner
Talbot and unanimously passed.
The City Manager then read Resolution No. 10~8:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ORDERING THE CONSTRUCTION OF STORM
DRAINS IN SECTION "H" AS SHOt~,~N ON STORM DRAINAGE SYSTEM
SURVEY FILE T.F. 1888-E, TCGETHER ~ITH THE INSTALLATION
OF CATCH BASINS, NAN-HOLES .~ND APPURTENANCES IN CONJUNC-
TION 'I~ITH SUCH STORM D~INS.
(see photo copy, .Pages 70-S & 70-T)
On motion of Commissioner Campbell and seco.nded by Commissioner'
EcNeece, the Council unanimously approved adoption of Resolution Nco
1098 on this first and final reading.
Acting Manager Fleming then read Ordinance No. G-288:
AN ORDNANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLCRIDA, ANNEXING TO THE CITY THE FOLLG~ING DES-
CRIBED PARCEL OF LAND LYING CONTIGUOUS TO THE ~XISTING
MUNICIPAL LIMITS OF THE CITY OF DELRAY BEACH, SAID ~LANDS
BEING AND CONSTITUTING THAT CERTAIN LOT 29, FIRST ADDI-
TION TO KENMONT, PALM BEACH COUNTY, FLORIDA, ACCORDING
TO THE PLAT RECORDED IN THE OFFICE OF THE CLERK OF THE
CIRCUIT COURT IN AND FOR PALM BEACH COD1;TY, FLORIDA;
AND PROVIDING FOR THE ZONING.
On motion of Commissioner Warren and seconded by Commissioner
Talbot, the Council unanimously approved placing Ordinance No. G-288
on first reading.
City Manager Fleming then read Ordinanca No. G-28~:
AN ORDINANCE AMENDING C!iAPTER 25 OF THE "CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH" E~ITLED "TRAFFIC" BY ADDING A NEW SECTION TO
BE KNOWN AS SEC.- 25-27 (d) MAKING IT AN OFFENSE TO PARK CERTAIN TRUCKS
OVERNIGHT IN RESIDENTL~L AREAS, EXCEPT UNDER CERTAIN CONDITIONS.
Following a general discussion concerning the undesirable practice
of parking trucks on most every residential street, and. on motion of
Commissioner Campbell, seconded by Commissioner McNeece, the Council
Unanimously agreed that the City Manager should be requested to pre-
pare a revised Ordinance prohibiting the parking of ALL Trucks of a
commercial nature together with Boats and Boat Trailers in any Eesi-
dential area.
City Manager Fleming presented the following Report from the
Planning/Zoning Board, dated April 12th, 1958:
At the Board.meeting held on April 4th, request of Mr. Ben F.
Gibbs, to operate a dry cleaning plant in C-2 zone on the East. side
of S.W. 5th Avenue, was considered.
As other dry cleaning plants have been permitted to exist in C-~,
the Board will consider establishing this type of business as a Per-
missive use in the future.
In this instance, our Board recommends five (5) to (2), that per-
mission be granted.
PLANNING & ZONING BOARD
/S/ Andrew L. Fabens
On motion of Commissioner Campbell and seconded by Commissioner
Warren, the Cmmcil unanimously agreed that Ben F. Gibbs be granted
a permit to operate ~ dry cleaning plant in a CBS building on Lots
29 and 40, Block 29, as recommended by the Planning/Zoning Board.
The Planning/Zoning Board's Report of April 12th concerning the
request of Att'y. Neil Mac Millan relative to possible annexation of
approximately 25 acres of land, owned by Glenn-Moore-Hertz, Inc.,
lying adjacent to the southwest part of the city which had been re-
ferred to the Board by the Council on March 24th, is as follows;
With reference to Mr. Mac Millan's letter of March llth, the
Board has discussed with Glenn-Moore-Hertz, Inc., the steps neces-
sary for annexation and re-zoning to C-S Industrial after annexation.-
It is our understanding that it is withdrawn from present actio;~,
but may be re-submitted after December 1st, 1958.
PLANNING?ZONING BD,
/S/ Andrew L. Fabens
In view of the Planning Board's Report no action on this matter was
taken by the Council.
City Manager Fleming submitted the Planning Board's Report of
April 12th, concerning the request for city permit to construct a
Bulkhead on property of "Southampton Apts - Lots l? & 18 in Palm
Beach Shore Acres "D":
The Planning Board recommends permission be granted to Mrs.
Gertrude Finley, owner of the Southampton Apartments, to construct
an ocean front bulkhead according to plans submitted by Norman C,
Schmid & ASSOC., provided it meets all city requirements.
PLANNING/ZONING BOARD
/S/ Andrew L. Fabens
On motion of Commissioner ~cNeece and secondeS, by Commissioner
V[arren, the Council unanimously approved tabling this request for
further consideration and study with the CitYManager relative to
County and Army Corps of Engineers progress on an over-all bulkhead
line.
APRIL 1~, 1958.
Acting Manager Fleming read the following Report from the Plan-
ning/Zoning Board, dated April 12th;
RE: Public Hearing on Request for Change
in Zoning from R-1AA to R-S of Blks.
28 & 27, Homewood S/D, Sec. 19-48-43
At a public hearing held on April 4th the Grimes Foundation, own-
ing to the north, east and south of the above referred to property,
objected to a change of zoning from R-1AA down to
The hearing was recessed to April llth for further public discus-
sion but no compromise had been reached.
Our Board voted five to one that the Petition of Sea-R-Holding Co
for re-zoning Block 26 & 27, Homewood S/D, in Sec. 19-46-43, from
R-1AA to R-S, be denied, and further recommend that any golf course be
placed in permissive use.
The Board further recommends that action on these two (2) recom-
mendations should be taken simultaneously.
PLANNING/ZONING BOARD
/S/Andrew L, Fabens
~M. James I. Sinks, Vice-Chairman of the Board, was present and
informed the Council that the Report, as submitted, did not, in his
opinion, express the understanding and recommendation of the Board as
determined at its meeting held on Saturday, April 12th, and on motion
of Commissioner Campbell, seconded by Commissioner McNeece, the Coun-
oil unanimously agreed that the request of Sea-R-Holding Co., for the
Re-zoning of Blocks 26 & 27, Homewood S/D, from R-1AA to R-S, again
be referred to the Planning/Zoning Board through the office of the
City Attorney, who is requested to furnish whatever legal aid is neces-
sary in the preparation of the Board's findings and recommendation
concerning said "Request".
The CityManager then read the following Planning/Board of April
i2th:
RE: "Gateway Shopping Center" South
Federal Hwy @ Tropic Isle Devel.
Reference is made to Kingbee and Tenace Company letter of March
ldth, requesting permission to extend roofs of stores on Lots I to 28,
fronting on tracts A & B, a distance of ten (10) feet beyond the lot
lines, and over the parking area.
~ Since the parking area was not dedicated to the city, but was ap-
proved as the correct area needed, our Board considers the roof ex-
tensions are allowable if they do not reduce the parking area.
Furthermore, the owners have inquired as to the setbacks required
from public ~$ads, namely Tropic Boulevard and South Federal~
.o Our Board recommends that on Tropic Blvd., where Lots 14 and
abut, with 88 ft between lot lines, NO set-back be required.
On the Federal Highway, on which Lots l, 28, 29 and 30 front, that
~or the present, construction must be in accordance with Section 15,
Paragraph 10, of Zoning Ordinance G-254, however, as most of the
fron~ag$ along S?uth F~deral Highway. is under County zoning, the
Board will look ~nto the County requirements for adjacent frontage.
PLANNING/ZONING BOARD
/S/ Andrew L. Fabens
Commissioner Campbell moved that the Request of Gateway Shopping
~enter, as outlined in paragraph i of the preceding letter, be grant-.
ed, as recommended by the Planning/Zoning Board. Motion seconded by
~ommissioner McNeece and unanimously approved.
The Planning/Zoning Board's 'Report' of April 12th, concerning
the request of Mr. Melville F. Riley Jr., for modification of set-back
requirements on the N~ of Lot 19 and Part of Lot 18, Block-.1, Ocean
Park S/D, was submitted by the City~nager:
APRIL 1~, 19~8 69
RE: ~odification of Set-backs on ~el-
ville F. Riley Jr Property in Blk
l, Ocean Park S/D.
Mr. Riley has applied for clarification of set-backs required on
the southeast corner of Atlantic Avenue and Salina Street, where a nar-
row lot adjoins a narrow street.
He propOsed to build a commercial building, the first floor of
which would front on Atlantic Ave., the east side be flush with the
city swimming pool and the west and south sides wherever the City Coun-
cil ma~ decide.
The required set-backs on the WEST and SOUTH sides is ten (10) ft
from the property line.
The attached plat of the west half of Lot 18 and all of Lot 19 by
George S. Brockway shows 2'8" of the West side of Lot 19 as being used
by the city for pavement. Nr. Riley suggests that the required l0 ft
set-back from his original lot line be reduced to five (5Y ft of which
2'8" would be that used by the City and 2'4" would be taken off the
ms. inder of Lot 19 which he owns.
The Planning Board recommends that this be allowed.
Mr. Plaxico is joint owner with Mr. Riley and they proposed to di-
vide the lot in the middle, east to west, so that Nr. Riley will
the north half outright. North of this division line, Mr. Riley will,
on the ground floor, set back northward l0 ft as required on the ground
floor of the proposed building, but desires permission to reduce the
set-back at the second floor level to 5 ft.
The Planning Board recommends approval of this, pending submission
of designs to the building inspector and suitable arrangements for the
required, parking. PLANNING/ZONING BOARD
By /S/ Andrew L.Fabens
0n motion of Conmissioner Campbell, seconded by Commissioner
McNeece, the Council unanimously approved acceptance of the Planning
Board's recommendations and directed that Mr. Riley's "Requests" con-.
cerning set-back requirements, as outlined in the Board's 'Report', be
grs~nted.
The Council expressed a hope that Mr. Riley would neither encumber
nor dispose of this property for two weeks, during which period the
Council desires to consider possible purchase of this property for
Municipal Swimming Pool expansion.
On motion of Commissioner Campbell and seconded by Commissioner
Warren, the Council unanimously approved payment of Bills in the amount
of $1,118,016.95, presented by the City N%nager, subject to the ap-
proval of the Finance Committee.
0n motion of Commissioner Campbell and seconded by Commissioner
Talbot, the Council unanimously approved payment of the Bill presented
by Att'y. Henry F. Lilienthal, in the amount of $501.54, for profes-
sional services rendered in connection with the Sale of the Golf Course
City Att'y. Harry T. Newett presented a Bill, in the amount of
$25.00, for services rendered in prosecution charges vs Jesse Sanders
in Municipal Court Umrch 26th, 1958, resulting in conviction.
Commissioner V~arren moved that said Bill of the City Attorney, in
the amount of $25.00, be pa id. Notion seconded by Commissioner
Talbot and upon Call of Roll - Commissioners ~Tarren, Talbot, McNeece
and Mayor Croft voted in favor thereof, Commissioner Campbell abstain-
ing.
The Council unanimously approve~ authorization of Proclamation'
by the Mayor, proclaiming Thursday, May 1st, 1958, as LAW DAY - U..S.A.
7o
APRIL 14, 1958.
0n motion of Commissioner McNeece, seconded by Commissioner Warren,
the Council unanimously approved tabling, until the next regular meetin
consideration of a proposed "Sign Ordinance"which ordinance will pro-
vide the City with a comprehensive set of rules and regulations rela-
tive to size, purpose, location and design of signs throughout the City
On motion of Commissioner Campbell, seconded by Commissioner
Talbot, the Council unanimously agreed that the City Manager be re-
quested to arrange a meeting, sometime on Tuesday, April 22nd, for a
conference between the City Council, the City's Financial Advisory
Board and N~. C. T. McCree~y of the City's Fiscal Agents Associates,
for the purpose of discussion concerning poss~ble purchase of out-
standing general obligation bonds as well as consideration relative
to a future bond issue+
Commissioner Campbell, who voted against the "Request" of Mr. T.
M. 0'Neal for the re-zoning of a parcel of land in Section 21-46-48,
which 'Request' was, at said regular meeting of March £4th, denied,
requested that this item be re-opened for consideration due to having
made a careful review and study of the general area and particularly
the character land use of said parcel of land and moved that the
following described parcel of land be re-zoned from R-1-A to C-2;
That part of Model Land Company's Lot l, Block t,
of the Subdivision of Section 21, Twp. 46 South,
Range 43 East lying West of the right-of-way of
the F.E.C. Railway and lying East of a line para-
llel to and 164 feet East of the center line of
Swinton Avenue.
Motion was seconded by Commissioner McNeece and unanimously passed~
MEETING ADJOURNED.
R. D. V~0RTHING
~i'ty Clerk
APPROVED:
ORDINANCE NO. G-285.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLCRIDA, REGULATING THE SUBDIVISION
OF LAND IN OR ABOUT TO BE ANNEXED TO THE CITY OF
DEIRAY BEACH; REQUIRING AND REGULATING THE PREPA-
RATION AND PRESE~fATION OF PRELI:~IINARY AND FINAL
PLATS; ESTABLISHING NIN1MU~ SUBDIVISION DESIGN
STANDARDS; PROVIDING ~INi~UN INPROVENENTS TO BE
~L~DE OR GUARANTEED TO BE t~ADE BY THE SUBDIVIDER
AND PRESCRIBING PENALTIES FOR VIOLATION THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL of THE CITY OF DELRAY BEACH,
FLORIDA:
For the purpose of these regulations certain words and terms used
herein are defined as follows:
SECTION lo DEFINITIONS:
1. Alley - a roadway which affords only a secondary means of agcess
~]Sutting property and not intended for general traffic circu-
lation.
2. Board - The word "board" shall be construed to mean the City Plan-
nj'nE"Board and Zoning Commission of Delray Beach, as now consti-
tuted.
S. ~- City of Delray Beach, Florida.
4. Counqil - The City Council of the City of Delray Beach.
$. Cul-de-sac - A Street having one open end and being permanently
%ermihgted by a vehicular turn-around.
6. Easement - A right-of-way granted for limited use of private pro-
perty for a public or quasi-public purpose.
?. Lot - A tract or parcel of land identified as a single unit in a
s-~division and intended for transfer of ownership, use or im-
provement.
a) Lot depth - a distance measured in the mean direction of the
sideiines' of the lot from the mid-point of the front lot line
to the mid-point of the opposite main rear line of the lot.
b) Lot width - The mean horizontal distance between the sidelines
~e'a~ure~ at right angles to the depth.
8~ Street - The term "street" means a public way for vehicular traffic
Whether designated as a street, highway, thoroughfare, parkway,
throughway, road, boulevard, lane, place or however designated~
a) Arterial streets and hiEhways are those which are used pri-
marily fo~ fast or he~y 'traffic.
b) Collector or feeder streets are those which carry traffic
froM"mlnor streets ~o the major system of arterial streets or
highways, including the principal entrance streets of resi-
dential development and streets for circulation within such a
development.
c) Nar~inal access streets are minor streets which are parallel
and adjad'~-t td~"~rte'~ial streets and highways and which pro-
vide access to abutting properties and protection from traffic.
d) Minor streets are those which are used primarily for access to
~-~tting property.
e) Expressways are streets or highways intended for fast and
heavy traffic traveling a considorable distance on which
points of ingress or egress and crossings are controlled,
limited or separated,
f) Half-street is generally parallel and adjacent to the boundary
of a tract, having a lesser right-of-way width than required
for a full width of the type involved.
9. Sketch Plan - is an informal plan indicating the salient existing
features 81 the site and its surroundings as described in Section
2 and the general layout of a proposed subdivision.
10. Sight. Distance - is the minimum extent of an unobstructed forward
vision (in a'horizontal plane) along a street from a vehicle lo-
cated at any given point on the street.
llo Subdivider - A person, or his agent, who undertakes the activities
covered by these regulations, particularly the drawing up of a
subdivision plat showing the layout of the land and the public im-
provements involved therein. Inasmuch as the subdivision plat is
merely a necessary mea~.s to the end of assuring a satisfactory
development, the tez~n "subdivider" is intended to include the term
"developer", even though the persons involved in successive stages
of the project m~y vary.
12. Subdivision - The division of a parcel of land into two (2) or
more ~ots or parcels for the purpose of transfer of ownership or
development, or, if a new street is involved, any division of a
parcel of land.
13. Zoning Ordinance - Wherever used in these regulations means the
~ning OrdinanCe of the City of Delray Beach, Florida and amend-
ments thereto.
SECTION 2. GENERAL
Prior to the preparation of a preliminary plat the subdivider of
any land within the corporate area of Delray Beach or within any area
to be annexed shall obtain a copy of the City of Delray Beach Subdivi-
sion Regulations and confer with the Planning Board in order to become
thoroughly familiar with the subdivision regulations herein defined.
At such conference, the subdivider shall submit for the consideration
of the Board a declaration describing the subdivision contemplated
accompanied by a sketch plan on which the following features are shown:
1. The location of the land or site to be subdivided and the ap-
proximate area thereof.
2. An indication of such natural features as unusual topography,
low or swampy areas~ streams or lakes.
3. An indication of the proximity of such utilities as water,
sewerage, drainage, electric light and power, and ho~ the subdivision
will be served by each.
4. The subdivision of existing lands, if any, surrounding or
abutting the proposed site, notably the street pattern.
~. The relationship of the proposed subdivision to existing com-
munity facilities which serve or influence it such as main traffic
arteries, railways, waterways, shopping or co~amercial centers, school~
parks and playgrounds, or any other physical features that will enable
the Planning Board to determine how the subdivision will fit into the
pattern of the community as a whole.
Following this conference with the Planning Board, the subdivider
2
shall submit to the Director of Public Works a copy of the sketch plan
for approval of the utilities involved in item No. S above., after
which he may proceed to prepare a preliminary plan in accoi~dance with
the instructions hereinafter contained.
SECTION 3. PROCEDURE FOR PHEPARATI~ OF THE PRELI~INARY PLAT AND ITS
APPPvOVAL BY THE PLANNING BOARD.
1. Any person desiring to subdivide land and who has fulfilled the
requirements of Section 2 hereof, shall prepare a Preliminary Plat of
the proposed subdivision in accordance with the specifications and re~
quirements of Section 8.
2. Three (3) copies of the Preliminary Plat shall be filed with the
Planning Board, two (2) copies with the Director of Public ~orks and
two (2).copies with.the Building Inspector for examination at least
twenty (20) days prior to the Planning Board meeting at which it is
to be considered.
S. The Director of Public Works shall examine and check the Prelim-
inary Plat for general engineering and for conformance with the pro-
visions of Section ~. The Building Inspector shall check the Prelim-
inary Plat for street numbering and naming. Both officials shall,
within ten (lC) days of receipt of the Preliminary Plat, forward to
the Planning Board, one print of said Plat with their approval on
recommended changes noted thereon.
~. The Planning Board shall include the prints of the Preliminary
Plat returned by the Director of Public ~orks and the Building In-
spector, wmth the Board's recommendation to the Council. If the Plan-
ning Board does not endorse the changes recommended by the Director of
Public ~orks or the Building Inspector, they shall so state in their
recommendation. Further in its considera'~ion of the Preliminary Plat,
the Planning Board may call upon the Director of Public Works, repre-
sentatives of the power company, parks and recreation department and
the Board of Public Instruction for information as to how the site of
the proposed subdivision can be served with utilities, drainage facil-
ities, parks and recreation areas and schools.
8. Following its examination of the Preliminary Plat and other mater-
ial that may be submitted and any further conferences with the sub-
divider, the Planning Board within ten (lC) days after receipt of the
approved prints from the Director of Public ~orks and Building Inspect-
or may recommend to the City Council approval of said plat. However,
such approval shall not constitute an approval of the final plat.
8. If the Preliminary Plat is rejected by the Planning Board, it shall
furnish the City Council, in writing, a list of reasons for its rejec-
tion with a copy to the subdivide~. Failure of the Planning Board to
recommend the approval or rejection of the Preliminary Plat within
thirty (SO) days after its consideration by them shall be deemed a
recommendation of the plat as approved by the Director of Public ~orks
and the Building Inspector.
?. The recommendation of the Preliminary Plat by the Planning Board
shall be sent to the City Council. If the Council approves the Pre-
liminary Plat, without modifications or changes, it shall be signed
in the spaces provided thereon by:
a) The Developer.
b) Nayor (attested by City Clerk)
c) Chairman of the Planning Board.
d) Director of Public ~orks.
e) Building Inspector.
If the Council approved ~he Plat with modifications, corrections
or changes acceptable to the developer, the Plat shall be altered by
the developer to conform with the said modifications or changes be-
fore being signed by.the aforementioned parties. In either case the
developer shall furnish one print of the signed Preliminary Plat to
each of the signing parties.
SECTION 4. PROCEDURE FOR T~NTATIVE APPROVAL OF THE FIi~TAL PLAT.
1. Receipt of the signed copy of the approved Preliminary Plat is
authorization for the subdivider to proceed with the preparation of
plans and specifications for the following minimum improvements and
with the preparation of the final plato Prior to the construction
of any improvements required or to the submission of a bond in lieu
thereof, the subdivider shall furnish the Director of Public Works
all plans, information and data necessary to determine the character
of the site improvements and compliance with the city standards and
specifications. These plans shall be examined by the Director of
Public Works and will be approved if in accordance with all the re-
quirements.
2. Mithin six months after the approval of the Preliminary Plat, four
(4) copies of the final plat shall be submitted to the City Council
for their examination and approval. However, an extension of time
may be granted by the Council upon written request.
S. One copy of the final plat shall be transmitted to the Planning
Board for its review and one copy to the Director of Public Works
and one copy to the Building Inspector for their examination and com-
ments.
~. The final plat shall conform substantially to the Preliminary
Plat as approved and if desired by the subdivider it may constitute
only that portion of the approved Preliminary Plat which he proposes
to record and develop at the time, however, that such portion con-
forms to all the requirements of these regulations.
$. Application for approval of the final plat shall be submitted in
writing, to the City Couz~cil at least twenty (20) days prior to the
Council meeting at which it is to be considered, with copy to the
Planning Board, the Director of ?Gblic Works and Building Inspector.
6. The Director of Public ~orks and Building Inspector shall examine
the final plat for conformance with the Preliminary Plat and with re-
ard to their individual responsibilities and within ten (lC) Says of
he receipt of the copy of application for final approval notify the
Boar8 in writing of their findings. The Planning Board, after re-
viewing the Final Plat, shall certify to the Council that the plat
conforms to the Preliminary Plat previously approved by them. How-
ever, the Board's certification will not include anything as to such
structures as streets, sidewalks, sewers, drainage or other engineer-
lng components that comprise the ultimate development. Such physical
components will be constructed according to specified engineering
standards prescribed by the Council~
7. After certification of the Final Plat by the Planning Board, Di-
rector of Public Works and Building Inspector, the City Council may
tentatively approve the Final Plat. Final approval shall be suspended
until all the required improvements are installed to the satisfaction
and final approval of the City Council upon recommendation of the
City Manager. In lieu of the immediate installation of the required
improvements the subdivider shall either:
a) File with the City Council a surety bond conditioned to se- cure the construction of the improvements listed in Section
9 in a satisfactory manner and within a time period~specified
by the City Council, such period not to exceed one (1) year.
Said bond shall be executed by a surety company authorized
to do business in the State of Florida and having a resident
agent in Palm Beach County. No such bond shall be accepted
unless it is enforceable by-or payable to the City in a sum
at least equal to the cost of constructing the improvements
as estimated by the Director of Public ~orks and in form with
the surety and conditions approved by the City Attorney, or;
b) Deposit with the City or place in escrow cash, cashier's
check or a certified check in an amount equal to the cost
of constructing the improvements as estimated by the Di-
rector of Public ~Vorkso The City ~,~nager may release por-
tions of this security deposit as the work progresses
to
his satisfaction.
8. The certification of the Planning Board and the tentative approval
of the City°Council shall be each stamped or imprinted on the Final
Plat. One (1) copy shall be returned to the subdivider, one (1) copy
to the Director of Public ~%orks and one (1) copy to the Planning Board,
and one (1) copy to be retained in the files of the Council.
SECTION 5. PROCEDUP~E FOLL0~/ING TENTATIVE APPROVAL OF THE FINAL PLAT
- 'BY T~E CITY' COUNCIL. .......
~ 1. Upon the finding by the City Comlcil 'that the subdivider has
complied with the applicable State, County and City laws and the pro-
visions of these regulations, and 9aid Council has given tentative ap-
proval to the final plat, the subdivider shall install all required
improvements immediately or deposit any of the surety alternatives
specified in Section 4.
2. Following receipt of the surety deposit or notification by the
City Nanager that all required improvements have been installed, which-
ever occurs first, the Council may give final approval to the Final
Plat and cause said plat to be properly executed.
So After final approval by the Council, the subdivider shall
file a true copy of the plat as approved, within sixty (60) d~avs from
the date of such approval,'with t~e Clerk of the Circuit Court of
Palm Beach County, Florida.
4. When the plat has been recorded, four (4) copies thereof shall
be filed with the. City Clerk of D~lray Beach, who shall distribute one
each to the Planning Board, the Director of Public ]~forks and the
lng Inspector and shall retain one for the City Council. The copy for
the City Council shall be on cloth.
5. No building permit shall be issued until the final plat has
been recorded in the Office of the Clerk of the Circuit Court of Palm
Beach County. No temporary or final Certificate of Occupancy shall be
issued until all physical improvements'serving the property have been
installed in accordance with Section 9.
SECTION 6. REQUIR~I~NT OF THE PRELB~INAR~ PL&T.
1. The Preliminary Plat shall be drawn to the scale of not more
than 100 feet to the inch, provided, however, that a scale of 200 feet
to the inch may be used for large areas and shall show the following:
a) Proposed subdivision name or identifying title which shall not
duplicate or closely approximate the name of any other sub-
division in the county.
b) Location sketch related to city limits.
c) North point, graphic scale and date.
d) Name of the owner of property or his authorized agent.
e) Name of the registered engineer or surveyor responsible for
the plat.
f) Locations and names of adjacent subdivisions.
g) Boundary line of the tract to be subdivided drawn accurately
to scale and with accurate linear and angular dimensions.
h) All existing water courses, drainage ditches, canals and bodies
of water on or adjacent to proposed subdivision.
i) All existing buildings on the proposed subdivision and all ex-
isting sewers, water mains, culverts, fire hydrants, undergroun~
or above ground utilities on or adjacent to the proposed sub-
division.
Ail existing streets and alleys on or adjacent to the tract
including name, right-of-way width and pavement width. Exist-
ing streets shall be dimensioned to tract boundaries.
k) Ali. existing property lines, easements and rights-of-way and
the purpose'for which the easements or rights-of-way have been
established.
1) Location and width of all proposed streets, alleys, rights-of-
way and easements, purpose of easements, proposed lot lines
for each street.
m) Sites, if any, to be reserved or dedicated for parks, play-
grounds or other public uses.
n) Sites, if any, for multiple family dwellings, shopping centers,
churches, industry or other none-public uses exclusive of
single family dwellings.
o) Locations and size of proposed water, sewer, drainage facili-
ties, fire hydrants and other utilities on the land to be sub-
divided and on land within one hundred (100) feet thereof.
p) Site data, in tabular form, including number of residential
lots, typical lot sizes and areas in parks etc.
q) Space and forms for the following signatures indicatin~ approval
1. Developer.
2. Nayor (attested by City Clerk)
S. Chairman of Planning Board.
Director of Public ~orks
5. Building Inspector.
2. l~ere the proposed plat covers only a portion of the subdivider's
entire holding, sketch shall be submitted showing the prospective
street layout and proposed use for the remainder.
S. The extent and boundaries of the platted area shall be graphically
indicated in a clear and understandable manner.
SECTION 7. REQUIR~{ENTS OF THE FINAL PLAT.
1. The final plat shall be clearly and legibly drawn in i~ on
tracing cloth to a scale of not more than lO0 feet to one inch. In-
dividual sheets shall not be larger than 24 inches by 36 inches over-
all, as approved by the County of Palm Beach for purposes of recording.
~ere the Final Plat of a proposed subdivision requires more than one
sheet, each sheet~shall be keyed to a master map with appropriate marks
of identification.
6
2. The Final Plat shall include the following information:
a) Location sketch showing location of subdivision with respect
to section or government lot lines.
b) Boundary lines of the tract with accurate distances measured
to hundredths of a foot and angles to half minutes. The
boundaries shall be determined by accurate survey in the field,
which shall be balanced and closed with error closures not to
exceed one foot to 5,000 feet. Surveys shall be coordinated
and tied into the nearest established section corner or quarter
section corner by angle and distance.
c) The exact names, locations and widths along the property lines
of all existing or recorded streets intersecting or parallel-
ing the bolnlSaries of the tract.
d) The accurate location and material of all permanent reference
monuments.
e) The exact layout including street and alley lines, street
names, bearings, angles of intersection and widths (including-
widths along the lines of any obliquely intersecting streets),
lengtiis of arcs and radii, points of curvature and tangent
bearings; all easements or rights-of-way where provided for or
owned by public services; all lot lines with dimensions in
feet and hundredths and with bearings or angles of other than
right angles to the street or alley lines.
f) Lots numbered in numerical order beginning with number one in
each block, and blocks numbered in n~erical order or lettered
in alphabetical order°
g) The accurate outlihe of all property which is to be dedicated
or reserved for public use including open drainage courses
and suitable easements, and ail property that may be reserved
by covenants in deeds for the common use of the property
owners in the subdivision, with the purposes indicated thereon.
h) Names and locations of adjoining subdivisions, if any, the ad-
jacent portions of which shall be shown in outline form.
i) Acknowledgsment of the owner or owners and ali lien holders to
the plat and restrictions, including dedication to pwOlic use
of all streets, alleys, parks or other open spaces shown there-
on and the granting of the required easements.
Private restrictions and/or trusteeships and their period of
existence. Should these restrictions be of such length as to
make their lettering on the plat impracticable and thus neces-
sitate the preparation of a separate instrument, reference to
such instrument shall be made on the plat.
k) The certificate of the Registered Land Surveyor attesting to
the accuracy of the survey and that the permanent reference
monuments have been established according to law.
l) Space and forms for the following necessary signatures indi-
cating approval:
Planni?~ Board
Nayor (~ttested by City Clerk)
Director of Public ~Vorks
County Commission
County Engineer
m) Subdivision name or identifying title°
n) North point, scale and date.
o) Name or record owner and subdivider.
SEOTION 8. DESIGN ST.~NDARDS.
Whenever a tract or parcel of land to be subdivided m~braces any
part of a street that is designated as a major street on the compre-
hensive plan, such part shall be platted in the location a_~d of the
width indicated on such plan.
Land which the Planning Board has found to be unsuitable for sub-
division due to flooding, bad drainage or other features likely to be
harmful to the health, safety and general welfare of future residents,
shall not be subdivided, unless adequate methods of correction are
formulated by the subdivider and approved by the Director of Public
Works.
A. STREETS
1o The arrangement, character, extent, width~ grade and location
of all streets shall conform to the Streets and Highway Plans of the
State, County and City respectively and shall be considered in their
relation to existing and planned streets, to topographical conditions,
to public convenience and safety, in their appropriate relation to the
proposed uses of the land to be served by such streets and the most
advantageous development of the surrounding nei§hborhood.
2. ~ere such is not shown in any streets or highway plan, the
arrangement of streets in a subdivision shall either:
a) provide for the continuation of appropriate projection of
existing principal streets in surrounding areas, or
b) conform to a plan for the neighborhood, approved or adopted
by the Planning Board to meet a particular situation where
natural conditions make continuance or conformance to existing
streets i~practicable,
S. Minor streets shall be so laid out and arranged as to dis-
courage their use by thru traffic.
4. ~-&.ere a s~odivision abuts or contains an existing or proposed
arterial street, the P!mming Board may require marginal access streets,
reverse frontage with screen planting contained in a non-access reser-
vation along the rear property line, deep lotswith rear service alleys,
or such other treatment as may be necessary for adequate protection of
residential properties and to afford separation of through and local
traffic.
5. V~ere a subdivision borders on or contains a railroad right-
of-w~y, expressway~ drainage canal or waterway, the Planning Board may
require a street approximately parallel to and on each side of such
right-of-way, at a distance suitable for the appropriate use of the
intervening land. Such distances shall also be determined with due
regard for the requirements of approach grades for future bridges or
grade separations.
6~ Reserve strips controlling access to streets shall be pro-
hibited except where their control is definitely placed in the City
under conditions approved by the Planning Board.
7. There shall be no private streets, lanes or ways, platted in
any subdivision. Every subdivided lot or property shall be served
from a publicly dedicated street.
8
8. Half or partial streets shall not be permitted except where
essential to reasonable subdivision of a tract in conformance with
these regulations and wh?e, in addition, satisfactory assurance for
dedication of the remainzng part of the street is provided. E~erever
a tract to be subdivided borders on an existing half or partial
street the other part of the street shall be dedicated within such
tract.
9. Dead end streets are prohibited except those designed to be
so permanently. ~ermanent dead end streets shall be no longer than
four hundred (400) feet, under approval by Planning Board, and shall
be provided at the closed en8 (cul-de-sac) with a turn-around having
an outside roadway diameter, of at~ least ei,htg y (80) feet, and a
street property line d~ameter o~ at least one hundred (100) feet.
Special consideration may be given longer cul-de-sacs between canals.
lC. Street jogs with center line off-sets of less than one
hundred twenty-five (125) feet shall be avoided.
ll. Curvelinear streets are recommended for residential, minor
and collector streets in order to discourage excessive vehicular
speeds and to provide attractive vistas.
a) ~f~enever a street changes direction, or connection street
lines deflect from each other, by more than ten degrees,
there shall be a horizontal curve.
b) To ensure adeouate sight distance, minimum center line radii
for horizontai curves shall be as follows:
Minor streets 150 feet
Collector streets 300 feet
Secondary arterial streets and
section line roads 500 feet
Major arterial streets 750 feet
c) A tangent at least 100 feet long shall be provided between
reverse curves on collector streets, and at least 250 feet
19ng on major and secondary arterial streets and section
l~ne roads.
12. Street Intersections:
a) Streets shall be laid out to intersect as nearly as possible
at right angles. No street shall intersect another at an
angle of less than 60 degrees, except at a "Y" intersection
of two minor streets.
b) Multiple intersections involving junction of more than two
streets shall be prohibited except where found to be un-
avoidable by the Planning Board.
c) "T" intersections of minor and collector streets are to be
encouraged,
d) As far as possible, intersections on arterial streets shall
be located not less than 800 feet apart, measured from center
line to center line.
e) Propevty. line radii at street intersections shall be twenty-
five (25) feet for minor streets and where the angle of
intersection is less than sixty degrees a greater radii may
be required by the Planning Board.
9
'?C -J,?
13. Unless otherwise indicatefl or requireff by a Major Street
Plan, street richts-of-way shall not be less than
followinu:
STt~EET TYPE RIGHT-OF-WAY - FEET
Major arterial street 100
Secondary arterial or section line road 80
Collector street and business 60
Minor street, for apartments 50
Minor street for 1 and 2 families 50
Marc. final access street 40
a) Additional right-of-way width' may be required to promote
public safety and oonvenience, or to assure adequate access,
circulation and parking in high density residential areas,
con~uercial areas and industrial areas.
b) Where a su3~division abuts or contains an exis~inc street of
inadequate right-of-way width, additional right-of-way in
conformance with the above standards may be required.
14. A proposed new street which is in alignment with or a con-
tinuation of an existinc street shall have the same name as the
existing street. In no case shall new streets have names or nurmbers
which duplicate or which are phonetically similar to existing street
names, regardless of the prefix or suffic used as "Avenue", "Boule-
yard", "Court", "Crescent", "i]rive", "Place", "Street" or "Terrace".
All street names shall be s~f:~ject to approval of the Planning Board.
~. ALLEYS
t. Alleys shall be provided to serve multiple dwelling, busi-
ness, commercial and industrial areas, except that the Planning Board
may waive this requirement where other definite and assured provision
is made for service access, off-street loading, unloading and parking
consistent with and adequate for the uses permissible on the pro-
perry.
2. The width of an alley shall ]se ~0 feet or more.
3. Chanues in alignment of alleys shall be made on a center-
line radius of not less than 50 feet.
4. ~)ead-end alleys shall be avoided where possible, but if
unmvoidable, shall be provided with adequate turnaround facilities
for service trucks at the dead end, with a minimum external diameter
of 100 feet, or as determined to be adequate by the Planning Board.
C. EASEMENTS
1. Easements across lots or centered on rear or side lot lines
shall be provided f~r public utilities where necessary and shall be
at least 1~ feet in width.
P.. Where a su3Ddivision is traversed ]Dy a water course, drainage
way, canal or stream,- there shall ]De provide~ a storm water easement
or ~raina~e right-of-way conformin~ su3pstantially with the lines of
such water courses, and such further width or construction, or both,
as will be adequate for the purpose· Parallel streets or parkways
may be required in connection therewith where necessary for service
or maintenance ·
3. Easements may ]De required for drainage purposes of such
size and location as may be determined ]Dy the Director of Public Works.
D. BLOCKS
1. The lenq~th, widths and shapes of ]~locks shall be detemined
with due recard to:
Provision of adequate building sites, suitable to the special
needs of the types of use contemplated.
b) Zoning re§.uirements as to lot sizes and dimensions.
c) Needs for convenient and safe access, circulation, control of
pedestrian and vehicular traffic.
d) Limitations and opportunities of topographic features.
3o Block lengths shall not exceed 1,$~0 feet nor be'less than
800 feet, unless found unavoidable by the Planning Board.
So Pedestrian crosswalks,.not less 'than l0 feet in width may be
required through blocks over 1,O00 feet in length where necessary in
the judgment of the Planning Board to provide safe and convenient ac-
cess to schools, playsrounds, shopping centers, transportation or
other community facilities.
Es LOT REQUIRemENTS
1. The lot size, width, depth, shape and orientation, and the
minimum building setback lines shall ~e appropriate for the location
of the subdivision and for the type oz development and use contem-
plated.
2~ ~inimumbuilding site area and yard restrictions shall be
governed by the requirements of the zoning ordinance of Delray Beach
and amendments thereto.
8. Corner lots for residential use shall have extra width to
permit appropriate building setback from and orientation to both
streets.
4o Insofar as practicable, side lot lines shall be at right
angles to straight right-of-way lines or radial to curved right-of-
way lines.
8. Double frontage and reverse frontage lots, shall be avoided
except where desirable to provide separation of residential develop-
ments from traffic arteries or to overcome specific disadvantages of
orientation. A planting screen easement of at least l0 feet and a-
oross which there shall be no right of access, shall be provided a-
long the line of lots abutting such a traffic artery or other dis-
advantageous situation.
8. Every lot shall abut upon and have permanent access to a pub-
lic street.
?. PUBLIC SITES.
The Planning Board may recommend, when annexation to the city is
anticipated~ the dedication of lands within the subdivision for park
and recreation purposes, an amount equal to at least five per cent of
the gross area of the subdivision. In event the subdivision is too
small and/or does not include a park area, the subdivider may be re-
quired to pay to the City a sum of money,~equal in value to five per
cent of the gross area of the subdivision, which sum shall be held
in escrow and used by the City for the purpose of acquiring parks and
playgrounds and shall be used for this purpose and no other. The a-
forementioned value shall be the value of the land subdivided without
improvements and shall be determined ~ointly by the City Council and
the subdivider. If the City Council and the subdivider canno~ agree
on a land value, then the land value shall be established by arbitra-
tion. The City Counc£l shall appoint a professional 1~ appraiser~
the subdivider appoiUt a professional land apprai~e~ and these two
shall appoint a third,
All sites designated in subdivision plats for public recreation
shall be dedicated in the plat and also deeded to the City for this
purpose.
G. SCHOOL SITES
~en a subdivision applying for annexation covers an area within
which the Palm Beach County Board of Public Instruction recuires a
school site, provision should be made in the subdivision plat for such
school site, properly integrated into the plans of the subdivision.
Standard site requirements shall be as follows:
Elementary School l0 acres
Junior or Senior ttigh School 20 acres
Combined Elementary and High School 25 acres
V~hen a school site has been designated in a plat the site shall
be reserved for a period of one year from date of recording. If the
Board of Public Instruction fails to purchase the site, or to make
arrangements satisfactory to the subdivider for the acquisition of
the site within the one year period, the subdivider may replat the
served school site.
SECTION 9. B~PROV~,~NTS PRE-~EQUISITE TO FINAL APPROVAL
lo The following tangible improvements, in accordance with the
plans and specifications approved by the Director of Public ~orks,
are required before final plat approval in order to assure the physi-
cal reality of a subdivision ~hich approval and recordation will es-
tablish legally. Construction shall be subject to the supervision of
the Director of Public Morkso
~. ~onuments
a) At intersection of centerline of all streets install a
one inch pipe, three feet long embedded in concrete with
the top flush with the finishes pavement.
b) All other lot corners shall be marked with an iron pipe
not less than one-half inch in diameter and twenty-four
inches long and set so as to be flush with the finished
grade.
c) Permanent reference monuments shall be as required by
Florida Plat Law.
S. Gradin~
All streets, cross-walks and alleys shall be graded to their full
~idth by the subdivider in accordance with the city specifications.
Du~ to special topographical conditions deviation to the above will be
~ilowed only with special approval of the Director of Public ~orks.
4. Storm Drainage
An adequate drainage system including necessary open ditches, pipes,
culverts, intersectional drains, inlets, bridges, etc., shall be pro-
vided for the proper drainage of all surface water. Cross drains
shall be provided to accomodate all natural water flow and shall be of
sufficient length to permit full width roadway and required slopes~
Developers of subdivisions whose storm drainage system discharges
into the Lake Worth Drainage District shall contract with the Lake
Worth Drainage District for maintenance of drainage facilities prior
to annexation to the City.
5. Paving
All streets of the subdivision shall be paved by the subdivider
in full accordance with the specifications for paving officially a-
dopted by the City of Delray Beach.
a) Minim~nwidth. All pavings shall be not less in width than
the"£o!iowing: Minor interior streets - 24 feet. Wider
pavement may be required by the Planning Board for collect-
or and arterial streets.
6o Sidewalks
Sidewalks shall be installed on 'both sides of all streets.within
a subdivision. In one family or two family residential areas, side-
walks shall be at least five feet in width. In multiple family resi-
dential areas, the sidewalks shall be six feet in width. In business,
commercial and industrial areas, sidewalks shall be at least ten feet
in width. All sidewalks shall be const~,ucted of concrete, at least
four inches in thickness, increased to at least six inches at all
driveways. Constructions shall be in accordance with City specifica-
tions and shall be subject to the supervision of the Director of Pub-
.!ic Works. The Planning Board may waive the requirement of sidewalks
on streets in those b~ocks where the average width of lots is 200
feet or more or where park, railroad, canal or other use on one side
of the street makes a sidewalk on that side not essential for safety
of pedestrians.
7, l!/at %r,,,,,~u~p !y
~f~ater mains properly connected with the city water supply system
shall be provided as to adequately serve all lots shown on the sub-
division plat for both domestic use and fire protection.
8o Sanitary Sewers
i~ere possible sanitary sewer mains properly connected with the
city sewerage system shall be provided. In addition to sewer mains~
laterals shall be installed to each platted lot and stubbed off at
the property line for future connection.
The sanitary sewer system shall also be subject to the approval
of the State Board of Health. The use of individual septic tanks in
lieu of a sanitary sewer system, ~nerever such sewer system may be
connected to the city sewerage system, shall not be permitted without
County Health Department approval,
9. Street Name Signs
Street name signs shall be installed at the intersection of all
~::treets carrying the street names approved on the subdivision plat.
Location design of street name signs shall be subject to the approval
,of the Director of Public ~orks.
PASSED in Regular Session on second and final reading on this the
day of April, A. D., 1958o
ATTEST-
First geading
Second Reading
PASSED
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of ~ril,
APR
ORDInAnCE NO. G-287 .
A~ ORDINANCE OF THE CITY COUNCIL
OF THE C I~ OF D~ ~CH, F~R-
B~H ~ 29, 30, 31 ~d 32 ~
'R-3e DISTRICT, ~D ~D~G
~G ~ 0F DE~Y B~OH, F~H~,
1956' ·
~ IT o~A~ BY THE CITY OO~CJ.E OF
S~TIO~ 1. ~t t~ foll~ described
~ the Oit[ of.~lr~ ~ach~ Florida, ia ~reb2 rez~ed ~d
p~ce~ ~ "~-3 ~ltiple ~ily ~ell~ District~, as defied
by C~ter..~9 of ~e 0ode of ~din~ces of the
~ach, Florida, to-~it~
~ B~CH ~ta 29, 30, 31 ~d 32,
~CH, F~R~, accord~ to thep~t there-
of ~ file ~ the office of the Clerk of the
C~cuit Court ~ ~d for Pa~ Beach
8~TI~ 2. ~t ~e ~ildi~ ~apeotor of said
~ity shall ~ ~e effective date of this ~d~ce
t~ s~~ ~p of Delray ~ach, Florida, 1~56=, to c~~
with. ~e provisions of Section 1 hereof.
P~ ~n re~l~ session on the second ~d f~al
~ead~g ~ this ~e ~ day of ~ril, A.D.
~r~ , ~ ~ /
A~T x
~d Read~ A~ril 14 1958
RESOL~ION NO. 1099.
A KESOL~TION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE
CITY MANAGER TO PROOEED WITH THE CONSTRD~TION
OF STORM DRAINS IN SECTION mD" A~ SHOWN ON
STORM DRAIHA~E SYSTEM SURVEY FILE T.F. 1868-G,
TO~ETHER WITH INSTAI/ATION OF 0ATOH BASINS,
MAN-HOLE~ AND ALL NEOE~SARY APPURTE~ANCE~ IN
CON~CTION WITH SUCH STORM DRAINS.
~EREAS, the City 0ounctl of the City of Delray Beach,
Florida, did, on the P/~th day of March, 1958, determine to proceed
with the construction of storm drains together with installation
of catch basins, man-holes and all necessar-y appurtenances in con-
Junction with such storm drains in Section mD" as shown on Storm
Drainage System Sumvey File T. F. 1868-G, and
Ww~.REAS, the Resolution (No. 1095) therefore has been
duly published as required by the City Charter, together with a
notice that objections to said i~provement would be heard on April
~HEREAS, no sufficient obJection~ have been made to such
proposed i~provement,
iI NOW, 'i'~0RE, 'BE IT RE~OLVED by the City Council of
!i the City of Del~ay Beach, Florida, that the City Manager be and he
is hereby instructed to proceed with the construction of stor~a
il drains in Section eDm as shown on 3to~m Dra/nage System Sumvey File
!!and all necessary a~purtenan~es in conjunction with such storm
li drains, accordiag to the plan~ and specifications heretofore filed
!:with the City Clerk~ and a copy thereof filed in the office of the
City Manager and kept open for inspection of the public.
PASSED in Regular Session on this the l~th day of April,
A.D., 19%8.
ATTEST
RE~OLIPt~[0N NO. 1097.
A RESOLUTION OF THE CITY COUNCIL O~ THE CITY
0F DFJ2~Y BEACH, FLORIDA, HEqUIRING PLUS,
SPECIfiCATIONS AND ~TIMATE OF COST FOR CON-
STRUCTION OF STORM DRAINS IN SECTION ~Hm AS
SHOW~ ON STORM DRAINAGE SI~ SURVEY FILE
T. F~o 1868-E, TOGETHER WITH THE INSTALLATION
i OF CATCH BASINS, MAN-HOLE3 AND APPURTENANCES
IN CONJUNCTION WITH SUCH STORM DRAIN~.
BE IT RE~0LFED by the City Council of the City of Delray
Beach, Florida, as follows:
1. That the City Manager shall secures plans, specifi-
cations and estimate of cost for the constmAction of -~torm Drains
and appurtenances in Section eHm as shown on Storm D~ainage Syetemi
Survey File T. F. 1868-E, together with t~e installation of neces-
sary Catch Basins and Man-~oles in conjunction with such Stor~
Drains to d~ain an a~ea to be determined as the Drain Field Area
and lying within that section of land bounded by:
Beginning at the intersection of the center, line of the
right-of-way of State Road No. AIA (formerly State Road No. 1~0)
with the nc~th line of Section ~1, Township ~6 South, Range
East; thence southerly along the center line of the right-of-way
of State Road No. AIA to an intersection with the center line of
Buoida Road; (note fora convenience all referemoes ~ade herein-
afte~ to roads, blocks and lots a~e to the same as shown on enid
plat of Seagate Section mae}; thence weste~l~ to the so~thweeterl2
corner of Lot l. Block 3; thence southerly alomg the westerly line
of L~ts 2. 3 and 4 of Block 3 to the southwesterly co~ner of Lot
4. Block 3; thence southwesterly to the intersection of the center
line of the right-of-way of Seagate D~ive with the westerly ex-
te~ion of th~ oente~ line of the right-of-way of Ca. lass Road;
thermos westerly to the Northeast eo~-ner of Lot 6, Block 10; themes
westerly along the north line of Lots 6 and 5, Block 10 te the
Northwest co~ner of Lot ~, Block 10; thence southerly along the
westerly line of Lot 5, Blo~k 10 to an lntemeection with the east-'.
er12 extension of the south line of Lot 9, Block 16; thence west-
erly algng said easterly extension to an intersection with the
center line of the right-of-way of Sea Sage D~ive; thence north-
erl2 along the seater line of the ~ight-of-way of Sea Sage D~ive
to an intersection with the ce~te~ line of ~elaleuoa Road; thence
Northwesterly to the Southeast cor~er of Lot 5, Block 1%, thence
northerly along the east line of Lot 5, Block 1%, to the North-
east coiner of Lot 5, Block 15; thence No~th~esterl2 to the inter-~
section of the center line of the right-of-ways of 01eandem Lane
and Bucida Road; thence northerly along the center line of the
right-~f-way of Oleander Lane to the North line of the right-of-
way of Bu~ida Road; thence easterly along the ~ortherly right-of-
way line of Bucida Road to a point 50 feet east of the
eo~ner of LOt 3, Block 1~, thence northemly parallel to the west
li~e of Lot 3, Block 1~ to a point in the north line of Lot 2,
Block 1~ thence easterly along the nc~th line of Lot 2, Block 1~
across Sea Sage D~ive a~d along the n~th line of Lot 5, Block 13
to the Northeast co~ner thereof; thence n~mth®asterly to the
intersection of ~he no~th line of Section 21, Township ~ South,
Range ~3 East, with the northerly extension of the cente~ line of
the ~lght-of-vay of Co~alita Lane; thenoe Southeasterly to the
~outheaJt corner of Lot 6, Block 12; ~e~e e~te~ly alo~ ~e
oou~ ~ne of ~t 1, Blook 12, to tho oou~eaot co~o~ tho~ooff;
~enoe easterly, ao~omm Seagate ~ive to the northwesterly oo~e~
of Lot 6. Bl~k 2; ~e~e e~terly ale~ the nor~e~ly ~e of
~t 6. Bl~k 2 to ~e northeasterly co~e~ ~of; ~e~e north-
erly alo~ ~e westerly l~e of ~ 3 ~d 2. ~k 2. to ~e
nor~eate~ly eo~e~ of said Lot 2.- thenoe new.easterly to the
~. ~t such p~, npeoifioations ~ esti~te of cent
s~ll be placed on file in the office of ~e Ci~ ~ge~. in the
~O~ON NO. 10~8.
A RESOL~ION 0F THE CITY COUNCIL OF THE CITY
01~ DEI/~ BEACH, FLORIDA, ORDERING THE CON-
STRUCTION OF STORM DRAINS IN SECTION "H" AS
SHOWN 01; STORM DRAINAGE SI"STEM SURVEY FILE
T. F. 1868-E, TOGETHER WITH THE INSTALI~TION
OF CATCH BASINS, MAN-HOLES AND APPURTENANCES
IN CONJUNCTION WITH SUCH STOFJ4 DRAINS.
WHEREAS, the City Council of the City of De]may Beach,
Florida, dtd~ on the l~h day of April, A.D. 1958, adopt Reso-
lution No. 1097, ordering the City Manage~ to p~epame plans and
: specifications ~or certain stoma drains, and an estimate of cost
!i of such improvement to be placed on file in the office of the
NOW, THERE~0HE, BE IT RE~OLVED by the City Council of
~he City of Del~ay Beach, Florida, that it is dete~ained to make
the following described improvement, to-wit;
CONSTRUCTION OF Storm Sewe~ D~ains in Section
"H" as shown on Storm D~aXna~e System Survey
File T. F. 1868-E, and the installation of
necessary catch basins, man-holes and
nances in conjunction with such storm d~ains,
the total estimated cost of which i~provement
is $17,730.00.
BE IT FURTHER RE~0LFED t~at the entire cost of such i~-
· provement shall be shamed by the City of Delray Beach, Florida,
and the following described p~operties in Delray Beach,
Beach County, Florida, on a basis of Del~ay Beach paying twenty
(20) percent of ~he cost of said imp~ovement and ~he property
owners of said properties, shown below, paying eighty (80) per
cent of the total cost;
B.,L0C.~ o? S0~/DI,~SIp~P~0~TY D~SC~,~TIO,~ S~Um_
2 Seagate "A" SE past of Lot 1
2 ' ' Lot2 lk. O00
2 ' t t 3 ~l~i000
2 " " ~ 6 12,602
3 " ' ]gW past of Lot 1 7,~2~
3 " ' FW part of Lot 6 7,230
13,eek
3 " ' " 9 13, e2/~
3 " " "10 13,530
10 " t Lot I 17,391
10 ~ " Let 3 & North pt of ~1.
11 " " " 2 1~;,000
11 " " " 3 1~;, 000
11 " " "~ 1~;,000
11 " " " 1~;, 000
~,!.BLOOK or, SU~./DIVISION ..P. ROPER~. DESCRI~PTION SQUARE FOOTAGE
11 Seagate "A" Lot 6 15,000
11 " " " 8 15,000
11 " " " 9 19,812
12 ~ " Lots 2 & 3 27,666
12 " " Lot 4 15,000
12 " ' SW part of Lot 6 7,833
13 " ~ SE part of Lot 1 7,833
1~ " " Lot 2 less West 50' 12,500
" " Lot 3 less Wee% 50'
15 " " Lot 1 ~, 000
15 " " " 2 ~,000
15 " " ~ p~t of Lo~ 3 7,000
15 " " NE p~% of ~t 6 7,000
benefits to be dete~ned wi~n ~e ~in Field ~ea in
proportion to ~e benefits w~ch will acc~e to s~d l~ds.
~ BE IT F~ ~0L~D ~t said special assessments
.~~t all of the Iota ~d l~da as set for~ herein, ~ich
specially benefitted, s~ll be ~d re~ liens a~eriom in di~
to all o~er liens, e~t liens for t~ea, ~til paid, fr~ ~e
date of ~e assessor ~on ~e respective Iota ~d p~cela of 1~
assessed, ~ w~ch a~ll be~ interest at ~e rate of el~t (8)
'per cent per ~, ~d which ~ be paid in t~ee (3) eq~l ye~l~
instal~enta ~ acc~ed interest on all deleted paints. Pay-
~nta a~ll be ~de at the s~ place t~t t~es payable t, ~e
Ci~ of De~ay Beach ~e paid, n~ely, at ~e ~ffice of ~e Ci~
T~ Collector, ~d ~on faille of ~y p~erty o~er to pay
~1 i~tal~ent due, or ~2 p~t thereof, or ~ ,-n~l interea~
~on ~eferred pa~ents, the City of Delray Beach ~y bring necea-
a~ legal proceedings by a Bill in C~ce~ to e~orce paint
t~reof ~ all acc~ed interest, toge~er wi~ all legal coats
i~ed, including a reasonable attorney's fee. ~e total ~t
of ~ lien ~ be paid in full at ~y t~e, wi~ interest
~e date of assessment.
IT IS 0~E~ t~t the City Co~cil s~ll sit at the
0i~ Hall, in the Ci~ of De--a2 Beach, Florida, at 7:30 P.M.,
on ~il 28th, 1958, for ~e p~oae of he~ing objection, if
~, on said p~oposed i~rovement, as set for~ he~e~.
P~S~ ~D ~~ b2 ~e City Co~cil of the 0it~
~ay Beach, Florida, on t~s ~e ~ day of ~ril, A.D., 1958.
/, 'MAYO~