Ord 60-09ORDINANCE NO. 60-09
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING THE CREATION OF THE
CHATELAINE LOCAL GOVERNMENT NEIGHBORHOOD
IMPROVEMENT DISTRICT, IN ACCORDANCE WITH SECTION 163.506,
FLORIDA STATUTES; ESTABLISHING THE BOUNDARIES OF THE
DISTRICT; DESIGNATING THE DELRAY BEACH CITY GO~VIMZSSION AS
THE BOARD OF DIRECTORS OF THE DISTRICT; PROVIDING
AUTHORIZATION FOR THE DISTRICT TO LEVY,:AN AD VALOREIv1 TAX
ON REAL AND PERSONAL PROPERTY OF UP TO ONE 'MILL
ANNUALLY; PROVIDING AUTHORIZATION 'FOR DISTRICT USE` >OF
SPECIAL ASSESSMENTS PURSUANT TO f SECTION 163:51+4, FLORIDA
STATUTES; PROVIDING FOR THE DISSOLUTION OF THE DISTRICT BY
THE CITY COMMISSION BY RESCINDING; "I'HE .ORDINANCE;
PROVIDING FOR THE CODIFICATION ~07~'. SECTION~t ~-_ 2 .,; OF THIS
ORDINANCE AS A NEW ARTICLE 8.7,' ~ "CHATELAINE LOCAL
GOVERNMENT NEIGHBORHOOD ` IMPROVE'MEN'T DISTRICT";
PROVIDING A SAVING CLAUSE,. A GENERAL REPEALER CLAUSE, AND
AN EFFECTNE DATE.
WHEREAS, existing..; . physical: °and .. landscaping t;:°elements within the Chatelaine
Neighborhood area can be considered~,ashaving a crirne~to-environment relationship; and,
~,.
WHEREAS, residents of the Chatelaine Neighborhood area believe that the creation of the
Chatelaine Local Goyerrunent NeighborhoodImprovement District ("the District") will promote
the health, safety and general welfare'of the residents of the District, stabilize the neighborhood and
enhance the desire to live'in the area; and
.:WHEREAS, pursuant to 'LDR :Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on November 16, 2009 and voted 0 to 7 to
recommend°that the changes;be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, did not make the determination 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 Comprehensive flan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Article 8.7, "Chatelaine Local Government. ...Neighborhood
Improvement District", of the Land Development Regulations of~;the Cty~Fof yDelray
Beach, Florida, be and the same is hereby enacted to read as follaw`s: ~`
,~
~.
ARTICLE 8.7 CHATELAINE LOCAL GOVERNMEN'I''~ NEIGHI30RHOOD
IMPROVEMENT DISTRICT .; .: ~i' .
Section 8.7,1 Chatelaine Local Government Neighborhood ~ImprovementLDistriet:
,
described as 131ocks 1 thru t3, inclusive. and all ot~.that part'ot. Parcel "A" lvu~g south of a .tine runnm~
from the Northeast corner of Lot 2f~ Block $ to the Northwest corner of Lot 52 Block 1 Plat No.
1 of Chatelaine, according to ~tlie Plat theret~f;, as ..recorded inPlat Book 29, at T'ages 94 and 95.__of
the Public records of Palm Beach Cciunt~ Florida. is Hereby created, A map of the above area is
attached as exhibit "A" t..
~j~ Designation of Boarci~ of Directors:. The Delray Beach City Commission is hereby
designated as the Board`~of Directors of the. District.
implementatioti of District~improvements.
fD~ Authority„ to APpIv for and Receive a Planning Grant: The Chatelaine Local
Government Neighborhood Improvement District created herein is hereby authorized to ably for
and receive a planning grant from the Department of Legal Affaixs.
~E1 Establishment of an Advisory Council: An Advisory Council is hereby
established for the Chatelaine Local Government Neighborhood Imtirovement District. The
Advisory Council shall be composed of no fewer than five ~5~ and no more than seven ~7) members
who shall be both owners of real property, located in the District and residents of the District. The
~ ORD. NO. 60-09
members of the Advisory Council shaIl be appointed by the Board of Directors and serve at the
pleasure of the Board of Directors. The Advisory Council shall taerform such duties as mad be
prescribed by the Board of Directors and shall submit within the time period specified by the Berard
of Directors_ a report on the District's proposed activities and a proposed budget to accomplish the
District's objectives.
~) Prohibition of Power. The City, Commission of the City._of Delxay Beach may
prohibit the use of any district power authorized by Florida Statute Secti2in-163:51`4:.
Section 4. That should any sectiai-or pravi~ion:,of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared,by a cou'rt.;of, competent jurisdiction to be invalid,
such decision shall not affect the. validity of the remainder ler'eof as a whole or part thereof other
than the part declared to be invalid;
Section 5. That{ all ordinances. or 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. w.
.:
.:PASSED AND ADC>P~'ED, if`t'reg~uiar session on second and final reading on this the
day.,of ; 20Q9.
.,1 ,
AT'T'EST MAYO R
City Clerk
First Reading 1111? 12409
Second Reading 12/08/2409
3 ORD. NO. 60-09
j~OLpercent of the residents of the District,
Section 3. That upon the adoption of this~orditlance, theDepartment of l:,egal Affairs and
the Department of Community Affairs shall° be notified within 30 days, `in writing, of the
establishment of the District, pursuant to Florida Statute Section>1~63.5055. ;~
Exhibit A
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ME~ORANDLTII~I
TO: Mayor and City Commissioners
FRAM: David T. Harden, City Manager
DATE; December 2, 2009
SUBJECT: AGENDA ITEM _1O.A. - REGULAR COMMISSIQN MEETING OF DECEMBER 8 2049
()RI7INANCE N0.60-09
ITEM BEFORE CQMMISSIQN
This ordinance is before Commission for second reading to consider acity-initiated amendment to the
Land Development Regulations that will create the Chatelaine Local Government Neighborhood
Improvement District.
BACKGROUND
At the first reading on November 17, 2009, the Commission passed Qrdinance Na. 60-09. For second
reading at the December 1, 2009 meeting, the Commission tabled the item until the December $
meeting. The attached Ordinance includes the cap on the potential millage rate for the Chatelaine
Neighborhood Improvement District at one (1}mil.
Attached far your information is a letter from the Chatelaine Homeowner's Association that includes a
breakdown of the maintenance costs {landscape, electricity, water, etc.). This total budget would
require a tax of less than 0.5 mills. If you only fianded the irrigation and electric casts with the tax as
was suggested by one resident at the public hearing it would be about 0.1 mills.
RECOMMENDATIQN
Commission discretion.
http:l/miweb001lAgendaslBluesheet.aspx?ItemID=286$&MeetinglD=227 1211'7/2009
ORDINANCE N0.60-09
AN ORDINANCE OF THE QTY COMMISSION OF THE QTY OF DELRAY
BEACH: FLORIDA, AUTHORIZING THE CREATION OF T~~E
Q-It1TELAINE LOCAL GOVERNMENT NEIGHBORHOOD
IMPROVER~NT DISTRICT, IN ACCORDANCE WITH SECTION 163.546,
~`'~ ~ FLORIDA STATUTES; ESTABLISHING T'HE BO1;I~IDARIES OF T'I~
DISTRICT; DESIGNATING THE DELRAY BEACH QTY COItirIlVIISSION AS
T'HE BOARD OF DIRECTORS OF TIC DISTRICT; PROVIDING
AUTHORIZATION FOR 'I'HE DISTRICT TO LEVY AN AD VALOREM TAX
ON REAL AND PERSONAL PROPERTY OF UP TO ONE M[LL
t.
~' ANNUALLY; PROVIDING AUTHORIZATION FOR DISTRICT USE OF
SPEQAL ASSESSMENTS PURSUANT TO SECTION 163.514, FLORIDA
STATUTES; PROVIDING FOR T'F~ DIS;5OLUTION OF THE DISTRICT BY
T'I~ QTY COM1vIISSION BY RESQNDING THE ORDINANCE;
PROVIDING FOR THE CODIFICATION OF SECTION 2 OF THIS
ORDINANCE AS A NEW ARTICLE 8.7, "Cl-IATELAINE LOCAL
GOVEI2NMEZ<TT NEIGHBORHOOD IMPROVEMENT DISTRICT";
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, A,l~JD
AN EFFECTIVE DATE.
WHEREAS, existing phy~cal and landscaping elemenfis within the Qzatelaine
Neighborhood area can be considered as having a crin~lto-c~nvironrnent relationship; and
V'JHEREAS, residents of the Chatel:airte Neighborhood area believe that the creation of the
Chatelaine Local Govemrr~~t Neigt~laorhood Improver~a~t District ("the District") will promote
the health, safety and g~c~eral welfare of the residents of the L-i`atrict, stabilize the neighborhood and
enhance the cl~~ire to live in the area; and
V~JI~REAS, pursuant to LDR Section 1.1.6, the Pl~~ru-ing and Zoe Board reviewed the
proposed tent ameridrnent at a public hearing held on November 16, 2409 and voted 0 to 7 to
recommend that the changes be approve and
V`~REAS, purstaant to Florida Statute 163.3174(4)(c), the Plc~r~rting and Zoning Board,
sitting as the Local PiCu~ining A~~ncy, did not rt~~ke the determination that the ~ is consistent
with and fiatthers the goals, objectives and policies of the Comprehet~s~.ve Plan; and
WElEREAS, the City Commis~on of the City of Delray Beach adopts the findir~ in the
Pl4~r~riinng and Zoning Staff I~:eport; and
WHEREAS, the City Corrnmission of the City of Delray Beach finds the or+~e is
consistent with the Compt~hensive Plan
NOW, THEREFORE, BE IT ORDAINED BY THE QTY COI~rMSSION OF THE
QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS;
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Article 8.7, "Chatelaine Local Government Neighborhood
Improvement District", of the Land Development Regulations of the City of Delray
Beach, Florida, be and the same is hereby enacted to read as follows:
ARTICLE $.7 CHATELAINE LOCAL GOVERNMENT NEIGHBORHOOD
IMPROVEMENT DISTRICT
Section 8.7.1 Chatelaine Local Government Neighborhood Improvement District:
(AJ Creation: A Local Government Neighborhood Improvement District, to be known as
the Chatelaine Local Government Neighborhood In~roveirient Di~~trict the "District"~, is hereby
created pur~>uant to Section 1b3.506 Florida Statutes, to include an area of arn~naxirnately 5Q.12 acres
(B Designation of Board of Directors: The Delray Beach City Commi.5sian is ~y
meted ~ Ba;~d of Directors of tl~e District.
(C) Utilization of Tax or Special Assessment: The District is hereby authorized. to levy
an ad valorem tax on real. and personal properl~r of u~ to ore mill annually , to suFFort Fi<~ruruing ar~i
implementation of District improvements, The District is hereby authorized to use special
assessments,.. pursuant to Section 1b3.514(16 , Florida Statutes, to support pin and
implementation of District improjremertts.
(D) Authority to Applx for and Receive a Planning Grant: The Chatelaine Laval
Government Neig~iborlwad Improvement District created herein is y authorized to apply for
and receive a planninggrant from the Depr~:tx~nt of Legal Affairs.
{E} Establishment of an Advaisory Council: An Advisory Counal is hereby
established for the Chatelain+~ Local. Goven~tnent Neigk~borhood Improvement District, The
Advisory Council shall be composed of no fear titan five (~,~no more than~CTl members
vvha shall be both owners of real ~'oI?g~' located in the Div~trict and residents f the District. The
ORD. N0.6~~9
1 of Chatel~-ine, according to the Plat thereaf, as reearded in Plat Book 29, at Pages 94 and 95, of
the Public retards of Palm Beach Count, Florida, is hereby created A n of the above area is
attar as e;Khibit "A" .
Duct's ab~echves.
~ctian 3. That upon the adoption of this ordinance, the Department of Affairs and
the Department of Community Affairs shaIl be notified within 30 days, in writing, of the
establisl:zn~.nt of the District, pursuant to Florida Statute Section 1635055.
_ Lion 4. That should any section or provision of this ordinance or any portion thereof,
any p~aph, sentence, ar ward be declared by a court of competent jurisdiction to ~ ink
such decision shall not affect the validity of the remainder hereof as a whole ar part t11er~'of other
than the part ~~ to be invalid
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby riepealed
Section 6. That this ordinance shall become effective immediately upon its pas~~age an
second and final reading,
PASSED A,,ND ADOPTED in rr~;u]ar session on second and final reading on this the
day of 2009.
ATTEST
City Clerk
Fast Reading
Second
MAYOR
3 ORD. N0.60-09
fGl Dissolution of the District: The District maybe dissolvedbythe CityComnvssion
Exhibit A
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h~tel~ine I3omeowners League
34001'lace Valencay
Delray Beach, Florida 33445
3uly 17, 2404
Mr. David Harden, City Manager
City of Delray Beach
100 N.W. 1st Ave.
DeUay Beach, Florida 33444
ltE: Request for Interim Funds for Chatelaine Common Area Maintenance
Dear Mr. Harden;
JUG, ~ ~ 20i7~
CIl-}•M~NA~~R
As per our discussion today, this is a formal request for interim funds of $10,720 far the
maintenance of the STT projects in Chatelaine. The neighborhood is in the process of
establishing a special taxing district in order to have sustained funding for the
neighborhood common areas installed by the city. The special district would take effect
in Fiscal Year 2011. These funds are needed from now until the taxing district process is
in place and adequate funds could be collected from the homeowners.
The Chatelaine Board of Directors feels this request is justified as it is in support of the
city's significant investment &f aver half a million dallazs for the Strategic Task Team
{STT) improvement projects in our neighborhood. There aze no mandatory homeowner
dues which presents funding challenges to our budget. The special district would be the
vehicle to meet our challenges.
The budget for the $10, 720 for our expenses is as follows:
Landscape Maintenance
Electricity
Water
RepairslReplacements
Clean UplChemicals
Incorporation Fees
$ 550 per month x 12
$5
150
50
50
$ 6600 /year
1020
1800
600
600
100
$10,720
Your cooperation in this matter is greatly appreciated by the residents of the Chatelaine
development. Please contact me anytime at {561} 865-7512,
incerely,
. "~~~~'
3a a Kmg, President
Page 1 of 2
~EMQRAI~TDUM
TO: Mayor and City Commissioners
FROM: PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING MARK.
MCDOI~INELL, AICP, ASST. DIRECTOR PLANNING AND ZONING
THROUGH: CITY MANAGER
DATE: November 13, 2009
SUBJECT: AGENDA ITEM I2.B. -REGULAR COMMISSION MEETING OF NC}VEMBER 1?, 2004
ORDINANCE N0.60-04
ITEM BEFORE COMMISSION
Consideration of aCity-initiated amendment to the Land Development Regulations that will create the
Chatelaine Local Government Neighborhood Improvement District.
BACKGROUND
On October 6, 2009, the City Commission approved an ordinance authorizing the creation of local
government neighborhood improvement districts as identified under Fla. Statute 163.506. This allowed
individual districts to then be created by separate ordinances. Such ordinances would include the
boundaries, size and name of the district, establish governing procedures, authorize the district to
receive planning grants from the state, and allow the local government to levy an ad valorem tax on real
and personal property up to 2 mills annually for implementation of associated district
improvements. The creation of one such specific district for the Chatelaine subdivision is now before
the Commission for consideration.
The creation of a neighborhood improvement district is proposed to address a unique situation currently
experienced by the Chatelaine subdivision, In 2008, the City finished installation of $150,000 of
improvements associated with a Strategic Task Team neighborhood action plan for the Chatelaine
subdivision. These improvements included landscaping and signage for three entrances; installation of
sidewalks; a roundabout; and other traffic calming features, including chicanes and speed humps. These
improvements were maintained by the City for the first year and then landscaping and signage became
the maintenance responsibility of the neighborhood. This neighborhood has a voluntary homeowners
association which includes voluntary homeowner's dues. The neighborhood has been unable to collect
sufficient dues to adequately fund this maintenance obligation, which is estimated to be approximately
$10,000 annually. Representatives from the association have now turned to the City far help. As it
would be inappropriate for the City to assume maintenance of these types of improvements within
individual neighborhoods, the City has explored alternatives including the creation of neighborhood
improvement districts which could assess ad valorem taxes to fund upkeep of neighborhood
htip:Ilmiweb0011AgendaslBluesheet.aspx?ItemID=2823&MeetinglD=225 1 l /19/2009
Page 2 of 2
improvements.
Ordinance Highlights
1. A neighborhood improvement district will be created that will cover 50,12 acres consisting of
single family residences. This will include the entire Chatelaine single family subdivision consisting of
201 individual single family residential lots,
2, Would allow up to 2 mills ad valorem tax to be levied annually an real and personal property. We
may recommend a reduction in this millage cap at second reading and public hearing based on the
anticipated budget for the district which we expect to receive shortly after first readintg. The actual
levy amount will be determined based an improvements andlar activities (maintenance} and their
associated budget as determined by the Board of Directors, with input from the advisory council.
3. The District will be authorized to apply for and receive a planning grant from the Department of
Legal Affairs.
4. An advisory council will be formed with no less than 5 or more than ?members that must own real
property as well as reside in the District.
5. The Ordinance includes a location map as well as a copy of the subdivision plat,
REVIEW BY OTHERS
The text amendment will be considered by the Planning and Zoning Board on November lb, 2009 and
their recommendation will be reported to the City Commission.
RECOMMENDATION
Recommend approval an first reading of Ordinance No, 60-09 for aCity-initiated amendment to the
City of Delray Beach Cade of Ordinances, by adopting the findings of fact and law contained in the
staff report, finding that it is consistent with the Comprehensive Plan, and that it is consistent with F,S,
163.360.
http:llmiweb0011Agendas/Bluesheet.aspx?ItemID=2823&MeetinglD=225 11!1912009
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