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Ord 41-98 . . . ----------~------ -~------_._._-~------" - --_.-----_._--- - --- ORDINANCE NO. 41-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING CERTAIN PARCELS OF LAND, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM RL (MULTIPLE FAMILY RESIDENTIAL - LOW DENSITY) TO R-l-AA (S INGLE FAMILY RESIDENTIAL) DISTRICT, FROM RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) TO R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT, AND FROM RL (MULTIPLE FAMILY RESIDENTIAL - LOW DENSITY) TO R - 1 - A (SINGLE FAMILY RESIDENTIAL) DISTRICT; ALL AS REQUIRED TO IMPLEMENT THE SEACREST/DEL-IDA PARK NEIGHBORHOOD PLAN PURSUANT TO THE GOALS, OBJECTIVES AND POLICIES OF THE COMPREHENSIVE PLAN; SAID LAND BEING GENERALLY LOCATED BETWEEN SEACREST BOULEVARD AND DIXIE HIGHWAY AND BETWEEN GEORGE BUSH BOULEVARD AND ATLANTIC HIGH SCHOOL; AMENDING 11 ZONING MAP OF DELRAY BEACH, FLORIDA, 199411 ; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Seacrest/Del-Ida Park Neighborhood Plan was adopted by the City Commission on March 3, 1998; and WHEREAS, one recommendation contained in the Seacrest/Del-Ida Park Neighborhood Plan is that all new residential development or redevelopment within the neighborhood, except in the Del-Ida Park Historic District, be limited to single family detached housing; and WHEREAS, at its meeting of June IS, 1998, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered the proposed rezonings at a public hearing and voted 5 to 2 to recommend denial; and WHEREAS, the City Commission, acting in its legislative capacity, desires to initiate the rezonings as set forth herein for numerous lots and blocks under various ownerships within the Seacrest/Del-Ida Park Neighborhood Plan area, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classifications. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: . . . Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of R-1-AA (Single Family Residential) District from RL (Multiple Family Residential - Low Density) District for the following described property: The East 1/2 of South 1/4 of Northeast 1/4 of Southwest 1/4 of Southwest 1/4 of Section 4, Township 46 South, Range 43 East. The subject property is identified as Area C on the map attached hereto and made a part hereof; containing 1.13 acres, more or less. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of R-I-A ( Single Family Residential) District from RM (Multiple Family Residential - Medium Density) District for the following described property: Lots 1 to 15, inclusive, Block 11 of Seacrest Park, a subdivision in Palm Beach County, Florida, as per Plat thereof recorded in Plat Book 24, Page 33, of the Public Records of Palm Beach County, Florida. The subject property is identified as Area D on the map attached hereto and made a part hereof; containing 3.1 acres, more or less. Section 3. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of R-1-A ( Single Family Residential) District from RM (Multiple Family Residential - Medium Density) District for the following described property: The part of Lot 38 lying east of N.E. 3rd Avenue and west of FEC RY, LESS Northerly 141.56 feet, subdivision of Section 9, Township 46 South, Range 43 East; refer to Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; and Lots 102 to 115, inclusive, and the part of Lot 116 lying north of Lake Avenue, Plumosa Park Section A, a subdivision in Palm Beach County, Florida, as per Plat thereof recorded in Plat Book 23, Page 68, of the Public Records of Palm Beach County, Florida. - 2 - Ord. No. 41-98 . -~--~-~---- -- ----- - ----~----_.- -.-"..----- The subject property is identified as Area E on the map attached hereto and made a part hereof; containing 5.5 acres, more or less. Section 4. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of R-1-A (Single Family Residential) District from RL (Multiple Family Residential - Low Density) District for the following described property: All of Blocks 1, 4, 5, 8, 9 and Lots 4-12, inclusive, Block 12, Dell Park, a subdivision in Palm Beach County, Florida, as per Plat thereof recorded in Plat Book 8, Page 56, of the Public Records of Palm Beach County, Florida; and Lot 12, Plumosa Park Section A, a subdivision in Palm Beach County, Florida, as per Plat thereof recorded in Plat Book 23, Page 68, of the Public Records of Palm Beach County, Florida. The subject property is identified as Area F on the map attached hereto and made a part hereof; containing 26.08 acres, more or less. Section 5. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Sections 1, 2, 3 and 4 hereof. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8 . That this ordinance shall become effective immediately upon the effective date of Ordinance No. 24-98 which adopts Comprehensive Plan Amendment 98-1, under which an official land use designation of LD (Low Density Residential 0-5 du/acre) is affixed to the subject parcels hereinabove described in furtherance of the Seacrest/Del-Ida Park Neighborhood Plan. - 3 - Ord. No. 41-98 '. -,~ ..- PASSED AND ADOPTED in regular session on second and final reading on this the 20th day of Octob 1998. ATTEST: f1.uaon 'f!Pt Ju ~ JIoilfty- City C rk First Reading October 6, 1998 Second Reading October 20, 1998 - 4 - Ord. No. 41-98 . . " -', rr"..<' Ir--~l-- I~ " " '5J::'" ---.... -, "----', I \ ~:.JOo. r'" .. . ~ f r 'I... ___ r . " ~ Ao:,;,&"'pr~~ '-- ------- _ 1_' .... ".-, ~ ,....-......". , --.... /. ~'" I . ~0" ,,'., ..' ,'> C F II ~ , " I ' . ..... ""- ~ :: :. .' : . ~; J -............... :>. ~ ,..... .... 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Ct s, "'Nce"'~s I ,fJ!LARHol I L :=Jz r,'J \....:.:J.L_r,-, L- .. -'- ~.. <i-- ~~--'- ~, " , ' CHVRC" i;:) II M ,. ~ -,- . ~~"" ~~ - .' -' , ' . . \ I n I -, '. -. .. "':-- ---, ,-n-w ~ll LI_..... f~oc,- h f . I~~H:===; F- -Ii X,,- ~ "'>-J~l=i .' jl ~;mrmYT C F I r"Zo;oI fl N SEACREST/DEL-IDA NEIGHBORHOOD - P~OPCS::J R::Z8h!INGS - ::.-.,.. 0:'" :O:::_;::t..... ::::..:- :'. <:> ~RCH.I' K_ i0: R-. -~ Q) :-RO~I; ~'" 78:;:'-.-/... ".A""'''~ I< Z:J"""~ :;;:"A=7\,I;:,,' <:> ""lOt.!: "It.! ~O: ,,_' _;., <::) "ROI.': "I. ~::; ,,-'-J. -- DI$17~.. ~S~ M~C svsrEA/ - - MA== ~:;'" ;.~2:.! Pf:lUY lEACH FAX .~~ CITY CLIRK'. OFFICI 'llll: CITY OF DELRAY BEACH 100 N.W. 1" Ave '993 D.'r., ...ch 'L IS... Tal (1'1)2.3.7010 - ... (1'1)2.3.3774t . TO: GIit2'y 1-1/ C lJE18 t::1i-/V ..- 355- 3q6,-~ FAX NUMBER noM~ NAME OF SENDER. /VI L- 'Z11 /'111 D D 6</'--./ DIRECT PHONE LINE (561 )243.7050 OUR FAX It (561 )243-3774 TOTAL NUMBER OF PAOES (includin& cover sheet) . D .....", C '0' Rmew c ....... COm....nt C ....... Il.p~ C ....... Recycl. : COMMENTS: _~"'ld,'rl>'O:-- If --, ...-, . J r.q:r/ '. (~ . . . - " . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM #100- REGULAR MEETING OF OCTOBER 20. 1998 ORDINANCE NO. 41-98 (SEACREST/DEL-IDA PARK NEIGHBORHOOD REZONINGS) DATE: OCTOBER 14, 1998 This is second reading and a public hearing for Ordinance No. 41-98 which rezones certain parcels of land within the Seacrest/ Del-Ida Park neighborhood from multiple family residential zoning to single family zoning designations. The rezonings, together with the Future Lane Use Map amendments for this area contained in Comprehensive Plan Amendment 98-1, are proposed in order to implement the recommendations set forth in the Seacrest/Del-Ida Park Neighborhood Plan which was adopted by the City Commission on March 3, 1998. A review of the Planning and Zoning Board I s consideration and recommendation is contained in the attached staff report, along with the staff recommendation for approval which differs from that of the P&Z Board. At first reading on October 6, 1998, the City Commission passed the ordinance by a vote of 4 to 0, with Mr. Schmidt abstaining. The associated FLUM amendments are a part of Ordinance No. 24-98 adopting Comprehensive Plan Amendment 98-1 considered earlier on the agenda. Recommend approval of Ordinance No. 41-98 on second and final reading. p~ 4/~ ~ {(f/!1. ~I ref:agmemo12 '. - tV< t~;~ /,J~ /~-r ~ / / ~r TO: DAVID T. HARDEN I~ JI~ 1./-0 CITY MANAGER fJww em IoIt/y!? DIANE DOMINGUEZ, DIRECTOR .t- J\JL - (IllR, SiJlJm/dI- THRU: DEPARTMENT OF PLANNING A~ING 1'^1 /ltJ5ImllM) FROM: RONALDHOGGAR~~~ SENIOR PLANNER SUBJECT: MEETING OF OCTOBER 6, 1998 SEACREST/DEL-IDA PARK NEIGHBORHOOD REZONINGS ~ ' , ,,'J1;~;: ""'B AC'iKG R 0 UNg'; ;~((.H , ".~ ' ,,'-,: '.' '-.:"- -"";::'Y:::'~:::::::,'i:'i{:,:'/:{:,::,::,;:', :.' ,', ',', ':::'::'~::.'"::,<:~\::-,-;'_'/::)-:_<~h,_,, :'~ttj,;; The Seacrest/Del-Ida Park Neighborhood Plan was adopted by the City Commission on March 3, 1998. The Neighborhood Plan included many recommendations aimed at the elimination of the problems associated with small lot duplex and multiple family development within the neighborhood, One recommendation was that all new residential development or redevelopment within the neighborhood, except in the Del- Ida Park Historic District, be limited to single-family detached housing. Although most of the neighborhood is zoned for single family development, duplex and multiple family units are currently allowed in several areas, The proposed rezonings for these areas will implement the recommendations identified in the Neighborhood Plan, II P'LA:"NNING AN'OZQ'N'IN"_ BOARD CON1tl;JDER~T'I~N' II ' i,.i ";". .. i;:". :;i'.';'."",.,:' ';',,' "";i",,:;,'" ';;,::: .1[<;', ,i;:i,:,,: The Planning and Zoning Board held a public hearing on the proposed amendments at its meeting of June 15, 1998. Two property owners with duplexes in the area inquired if the duplexes would be allowed to remain. They were told that the duplexes could continue as non-conforming uses as long as they did not cease for 180 days. Two neighborhood residents, including the president of the Seacrest Homeowners Association spoke in favor of the FLUM amendments and rezonings. There was extensive discussion by the P & Z Board regarding the effect of the downzoning on the neighborhood by the creation of non-conforming uses, One consideration centered on the ability to rebuild the non-conforming structures should they be destroyed pursuant to LDR Section 1.3.8, Reconstruction Necessitated bv An Act of God. The concern was that if the destruction were deemed not be an "Act of God", the duplexes and multifamily structures could not be rebuilt, thereby creating a hardship for the property owners. Two Board members also felt that creating non- conforming uses would create a disincentive to improve the properties. / O. {3. . City Commission Documentation SeacresUDel-lda Park Neighborhood Rezonings Page 2 The Board recommended denial of the FLUM Amendments and rezonings by a vote of 5 to 2. Staff Comments These rezonings are an important part of the adopted neighborhood plan for the area and are necessary to bring stability to the neighborhood. The goal of the Neighborhood Plan is to gradually replace the duplex and multi-family uses in this area with detached single-family homes, consistent with the surrounding neighborhood. In order to encourage new single-family development and redevelopment in the neighborhood, investors must have confidence in the area as a single family neighborhood. To accomplish this, we must take the first step to insure that no additional duplexes or multi-family structures are constructed in the neighborhood. In response to the issues regarding the creation of non-conforming uses, it must be remembered that all of the multi-family structures and most of the duplexes are already non-conforming with respect to density, lot size, lot area or unit size. As such, these structures are already subject to the provisions of LOR Article 1.3, Nonconforming Uses, Lots and Structures. If one of these structures were destroyed by something other than an "Act of God", it could not be re-constructed now. Therefore, for most of the structures to be rezoned, this is a non-issue. It should also be noted that the proposed amendment and rezoning relating to the area on NE 22nd Street, are consistent with the existing single family uses and do not create non-conforming uses. By motion, approve on first reading the ordinance for the rezonings from RL (Multiple Family Residential - Low Density) to R-1-A (Single Family Residential) and R-1-AA (Single Family Residential) and the rezonings from RM (Multiple Family Residential - Medium Density) to R-1-A (Single Family Residential), based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.3.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. It should be noted that the recommended action differs from that of the Planning and Zoning Board. Attachments: . P&Z Staff Report . Letter from property owner PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---STAFF REPORT --- MEETING DATE: June 15, 1998 AGENDA ITEMS: IV,A. 1. Future Land Use Map Amendments from TRN (Transitional) to LD (Low Density Residential, 0-5 units/acre) in part, and from MD (Medium Density Residential, 5-12 units/acre) to LD (Low Density Residential, 0-5 units/acre) in part, in Conjunction with the Implementation of the SeacrestlDel-lda Park Neighborhood Plan, Generally Located Between Sea crest Boulevard and Dixie T(NN1S Highway and Between George Bush Boulevard and Atlantic High COUR TS School. ~~ At..l"~~O\.. ~ "C 1.a. Associated Rezonings from RL (Multiple Family Residential-Low r1\G~ - Density) to R-1-AA (Single Family Residential) in part, from RM (Multiple Family Residential-Medium Density) to R-1-A (Single Family Residential) in part, and from RL (Multiple Family Residential-Low Density) to R-1-A (Single Family Residential) in Conjunction with the Implementation of the SeacrestlDel-lda Park Neighborhood Plan, Generally Located Between Seacrest Boulevard and Dixie Highway and Between George Bush Boulevard and Atlantic High School. GENERAL DATA: Owner................... .................... ....... Various ApplicantlApplicanL....................... City of Delray Beach, David Harden, City Manager Location........................................... Between Seacrest Boulevard and Dixie Highway and Between George Bush Boulevard and Atlantic High School. Property Size................................... 38.36 Acres F.L.U.M. Designation....................... Transitional & Medium Density (5-12 units/acre) Proposed F.LU.M. Designation...... Low Density (0-5 units/acre) Current Zoning................................. RL (Multiple Family Residential-Low Density) & RM (Multiple Family Residential-Medium Density) Proposed Zoning............................. R-1-AA (Single Family Residential) & R-1-A (Single Family Residential) ...;,. Adjacent Zoning.....................North: CF (Community Facilities) & R-1-AA ! Ill: II East: CF, R-1-AA, SAD (Special Activities III i 1\: District), GC (General Commercial) & RO (Residential Office) South: CF, R-1-AA & RO West: R-1-AA, CF, RO & NC (Neighborhood Commercial) Existing Land Use........................... SeacrestlDel-lda Neighborhood Proposed Land Use......................... Future Land Use Amendments and Rezonings related with the implementation of the SeacrestlDel- Ida Park Neighborhood Plan. Sewer Service................................. n/a. Water Service.................................. n/a. IV.A.1. & IV.A.1.a. I ITEM BEFORE THE BOARD I The action before the Board is that of making a recommendation on proposed Future Land Use (FLUM) Amendments and Rezonings associated with the adopted SeacrestlDel-lda Park Neighborhood Plan. The Future land Use Map Amendments involve the following areas (See attached Map. Legal descriptions for each area are contained in Appendix A): o Area A: Future Land Use Map Amendment from TRN (Transitional) to LD (Low Density Residential 0-5 du/acre}-7 parcels (by ownership), located east of Seacrest Boulevard, north of NE 22nd Street. Area A contains a total of 3.23 acres. o Area B: Future land Use Map Amendment from MD (Medium Density Residential 5-12 du/acre) to LD (Low Density Residential 0-5 du/acre}-35 parcels (by ownership), located north of NE 14th Street (Lake Avenue), between NE 3rd Avenue and the FEC Railroad. Area B contains a total of 9.05 acres. The proposed rezonings involve the following areas (See attached Map. Legal descriptions for each area are contained in Appendix A): o Area C: Rezoning from RL (Multiple Family - Low Density) to R-1-AA (Single Family Residential}-2 parcels (by ownership) on NE 22 Street, east of Seacrest Boulevard. Area C contains a total of 1.13 acres. This area is contained within "Area A" above. - o Area D: Rezoning from RM (Multiple Family Residential - Medium Density) to R-1- -A (Single Family Residential}-14 parcels (by ownership) north of Plumosa Elementary School, between NE 3rd Avenue and the FEC Railroad. Area D contains a total of 3.1 acres. This area is contained within "Area B" above. o Area E: Rezoning from RM (Multiple Family Residential - Medium Density) to R-1- A (Single Family Residential}-20 parcels (by ownership) north of NE 14th Street (Lake Avenue), between NE 3rd Avenue and the FEC Railroad. Area E contains a total of 5.5 acres. This area is contained within "Area B" above. o Area F: Rezoning from RL (Multiple Family - Low Density) to R-1-A (Single Family Residential}-134 parcels (by ownership) east of Seacrest Boulevard between George Bush Boulevard and NE 14th Street. Area F contains a total of 26.08 acres. This area does not require a FLUM amendment. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM Amendments or Rezoning of any property within the City, I Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the SeacresUDel-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 2 I BACKGROUND I The "Residential Neighborhood Categorization Map," contained in the Housing Element of the City's Comprehensive Plan, delineates neighborhoods throughout the City according to the prevailing condition of private property. The main objective of the categorization is to identify the level of need in each neighborhood. Specific strategies and programs and the degree to which these programs are implemented will depend upon this level of need, The Seacrest/Del-Ida Park Neighborhood is currently categorized as follows: Revitalization - Evidence of decline in condition of structures and yards; increase in crime; property values stagnant or declining. Policy 5.5 of the Housing Element of the Comprehensive Plan requires the preparation of a Neighborhood Plan for areas within this category. The Seacrest/Del-Ida Park Neighborhood Plan has been completed and was adopted by the City Commission at its meeting of March 3, 1998. The Neighborhood Plan included many recommendations aimed at the elimination of the problems associated with small lot duplex and multiple family development within the neighborhood. One recommendation was that all new residential development or redevelopment within the neighborhood, except in the Del-Ida Park Historic District, be limited to single-family detached housing. Although most of the neighborhood is zoned for single family development, duplex and multiple family units are currently allowed in several areas. The proposed FLUM Amendments and Rezonings for these areas will implement the recommendations identified in the Neighborhood Plan. Other programs aimed at improving the physical appearance and security of the neighborhood are also included in the Plan. Capital improvements will be funded through a partnership of the City, the CRA and the property owners. It is anticipated that traffic calming, streetscape and other improvements to the public spaces within the neighborhood will encourage additional private investment in the area. A strong sense of community spirit and neighborhood pride is already emerging as is evidenced by the high level of public participation in the neighborhood planning process. I ....FU.TURELAN DiUSEiMAP' AMENDMEN TANAEYS1:S;::" ',;:'; I REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: D Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character I Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the SeacrestJDel-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 3 and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis. The policy shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space. The proposed FLUM amendments and associated rezonings will fulfill Housing Element Policy A-5.5, stated as follows:. Housing Element Policy A-5.5 These areas shall be provided assistance through the development of a "neighborhood plan" which is directed toward the arresting of deterioration through physical improvements such as street lighting, street trees, landscaping, street repair, drainage improvements, sidewalks, parks and parking areas, installation or upgrading water and sewer facilities, all of which may be provided through funding and/or assessment districts. The plans shall also address the appropriateness of existing land use and zoning classifications, traffic circulation patterns, abatement of inappropriate uses, and targeting of code enforcement programs. The plans shall be prepared by the Planning and Zoning Department, with assistance from the Community Improvement Department, and the Community Redevelopment Agency if located within the CRA district. At least one neighborhood plan shall be prepared each fiscal year. The priority of these plans is as follows: . Sea crest/Del-Ida . Allen/Eastview/Lake A venues (to be addressed in the North Federal Plan) . Osceola Park . Delray Shores - The adopted Seacrest/Del-Ida Park Neighborhood Plan addressed all the issues included in this policy including the appropriateness of existing land use and zoning classifications. The FLUM amendments and concurrent rezonings being considered at this time are proposed to fulfill the provisions of the plan. Thus, this policy is furthered by the proposed amendments and a positive finding can be made, o Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. As stated above, the proposal is consistent with the goals, objectives and policies of the City's Comprehensive Plan. o Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposed FLUM amendments and rezonings will eliminate the potential for additional multiple family and duplex development on the subject properties. This decreases the overall potential density as well as the potential demand for services and facilities. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. . I Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the Seacrest'Del-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 4 o Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The subject properties are located in a primarily single family neighborhood with 66% of all residential units and 85% of all residential parcels developed as detached single family homes. A description of each of the areas to be changed is as follows: . Area A - TRN (Transitional) to LD (Low Densitv Residential 0-5 du/acre) The subject area is surrounded on the east and south by single family homes, on the north by Atlantic High School and on the west by neighborhood commercial. This area is a part of the residential neighborhood and is developing accordingly. Of the 7 ownership parcels, four contain single family homes (1 also contains a beauty salon), two are undeveloped and one is an access tract. The two undeveloped parcels are surrounded on three sides by single family homes and are zoned R-1-AA (Single Family). When these two parcels are developed pursuant to the existing zoning, the area will consists entirely of single family homes, The proposed FLUM designation of LD is contiguous to the LD designation to the south and is compatible with the existing and future land uses of the surrounding area. . Area B - MD (Medium Density Residential 5-12 du/acre) to LD (Low Density Residential 0-5 du/acre) The subject area is located between NE 3rd Avenue and the FEe Railroad, between NE 14th Street (Lake Avenue) and Atlantic High School. The area to the west consists of an elementary school and single family homes zoned-R-1- AA. Six of the ownership parcels in the subject area also contain single family homes. The Neighborhood Plan's direction for this area is the gradual reintroduction of single family uses consistent with the properties to the west. The proposed FLUM designation of LD is contiguous to the LD designation to the west and is compatible with the existing and future land uses of the surrounding area. o Compliance -- Development under the requested designation will comply with the provisions and requirements of the land Development Regulations. All future development within the requested designations will comply with the provisions and requirements of the Land Development Regulations. A detailed discussion of Compliance with the land Development Regulations is included in the "Zoning Analysis" section of this report. lDR (ChaDter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written . . Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the Seacrest/Del-Ida Park Neighborhood Plan Meeting of June 15, 1998 Page 5 materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future land Use Map: The use or structures must be allowed in the zone district and the zoning district must be consistent with the Future Land Use Map designation. The FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Neighborhood Plan for the area. The proposed FLUM amendments will assign a Future Land Use Map designation of Low Density and the proposed rezonings to R-1-AA and R-1-A (Single Family) are consistent with this FLUM designation. Although many of the existing land uses will be made non- conforming, the direction of the Plan is to phase out these uses and promote infill with uses which are consistent with the new FLUM designation. Thus, positive findings can be made regarding consistency of the FLUM designations and zonings. Concurrency and Comprehensive Plan Consistency were discussed above. As previously stated, a detailed discussion of Compliance with the land Development Regulations is included in the "Zoning Analysis" section of this report. I ',".','.'//'S,(."'kH'fHE ". ..,.....kXH/+'.',Z. . ON' 'I'N'G"'ANA'Luy" .5..1'.5.... ....,'..... ..00..../j>X2.... ..... "/;">>j>:"..' .... "',,b,.. ,,,,,,..,,,,, . . ..... "."",,,. .,,' . . ;;..,. ... . __. . .",.' ."".." >>. "",."" "...""" ~:qtY.r~:H2~~SF%rr/n7"~'> . ..~ :;~ -'--;:;':';>::'L~:>;~.<:',\.. ,_. "...,: ,_,,_.,._... i~::- _ _ ._, _,.. . ...:---.,, . . .( , ',c "^~ ::,>. h<>%:~~ ::~,_:,~:' ,~, ;:l'.::___.:}9i"/<: r:icn<H?/..J REQUIRED FINDINGS (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. CONSISTENCY: Compliance with performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) for the Rezonings shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the SeacresUDel-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 6 Section 3.3.2 (Standards for Rezoning Actions): Standards A, Band C are not applicable with respect to the rezoning requests. The applicable performance standard of Section 3.3.2 is as follows: (0) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Compatibility of land uses within the Seacrest Del-Ida Neighborhood was a primary concern in preparation of the neighborhood plan. The subject properties are located in a primarily single family neighborhood with 66% of all residential units and 85% of all residential parcels developed as detached single family homes. Additionally, 45% of the subject properties contain detached single family residences. A description of each of the areas to be rezoned is as follows: 0 Area C - Rezonina of 2 oarcels from RL to R-1-AA. These two parcels, located on NE 22 Street, are the only properties in the area zoned RL. They are surrounded on three sides by owner-occupied (93%) detached single family homes zoned R-1-AA and by a low intensity commercial business (Dance Conservatory) on the west side zoned NC (Neighborhood Commercial). The residential density of the surrounding area is 5.0 du/acre with an average lot size of 8,712 sq. feet. Both of the subject parcels currently contain single family homes and one of the parcels also contains a hair salon business, The existing density on these two large parcels is only 1.76 units per acre. - 0 Areas D and E - Rezonina of 34 oarcels from RM to R-1-A. These parcels are located between NE 3rd Avenue and the FEC Railroad, north of NE 14th Street (Lake Avenue). Single-family zoning (R-1-AA) exists west of this area and 6 parcels to be rezoned are currently developed as single family homes. The area also contains 20 duplexes and 4 multi-family structures which will become non-conforming uses. The Plan's direction for this area is the gradual reintroduction of single family uses consistent with the properties to the west. 0 Area F - Rezonina of 134 oarcels from RL to R-1-A. These parcels are located east of NE 2nd Avenue (Seacrest Boulevard), between George Bush Boulevard and NE 14th Street. Single Family zoning (R-1-AA) exists north and west of the area and RO (Residential Office) zoning consisting primarily of medical offices is located immediately to the south. The area contains a mix of single-family homes, duplexes and multi-family structures, with a total of 68 detached single family homes, 69 duplexes (138 units) and 31 multi- family units. The duplex and multi-family units will become non-conforming uses. The Plan calls for this area to be stabilized through eventual phasing out of . . Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the SeacrestiDel-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 7 duplex and multi-family structures and their replacement with single family homes. Given the above, these rezonings will help to promote compatibility throughout the entire SeacrestlDel-lda Park neighborhood. Section 2.4.5(0)(5) (Rezoning Findings): Pursuant to Section 2.4.5(0)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The appropriate reasons for the proposed rezonings are "b" and "c":, based on the following: The Comprehensive Plan identified the neighborhood as needing "revitalization" and directed the City to take measures to prevent further decline and to help- the neighborhood toward a classification of "stabilization" or "stable." This is to be achieved through the implementation of a "neighborhood plan". The City Commission adopted the SeacresVDe/-/da Park Neighborhood Plan at its meeting of March 3, 1998. With the adoption of the plan, a vision was established for the future development of the area. The proposed rezonings are required to implement the provisions and vision of the adopted plan. In order to implement the adopted neighborhood plan, FLUM designations for the area are being amended as directed in the plan. The proposed zoning districts are of similar intensity to the new FLUM designations and will be more appropriate than the existing zonings, based on the direction of the community and the adopted plan. The appropriateness of the zonings in the area was a fundamental concern during the review of the neighborhood plan. The adoption of the plan establishes the City's finding that the proposed zonings are more appropriate than the existing. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. . Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the SeacrestlDel-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 8 No development proposals have been received for the subject properties. Any proposed development will be subject to the provisions of the new zoning districts. Therefore, a positive finding can be made with respect to future compliance with the Land Development Regulations. Since the proposed rezonings will affect the land developments regulations and applicable development standards for the subject properties, it is also appropriate to discuss the impact of the rezonings on existing development. a. RL to R-1-AA. The existing single family homes on the two parcels to be rezoned will remain conforming uses in the proposed zoning district. Although the minimum lot size for single family development will increase from 7,500 sq. ft. to 9,500 sq, ft" and the minimum lot dimensions will increase, both parcels exceed the new standards and will also remain conforming lots. Although one parcel also has a business located on site, the use is non-conforming and will remain so with the proposed rezoning. b. RM to R-1-A, This area contains a private school, a daycare center, 6 single family homes, 4 multiple family structures, 20 duplexes, and 2 vacant lots. The school and daycare center are permitted as conditional uses and the development standards for them will remain unchanged. The development standards for the single family homes will also remain unchanged. All of the duplex and multiple family structures will become non-conforming uses. It is important to note however that 16 of the 20 duplexes are currently non-conforming with respect to unit size and all four multiple family structures are non-conforming with respect to density. Although the maximum density in the RM district is 12 du/acre, these four buildings each have a density af 40 du/acre. c. RL to R-1-A. This area contains a mix of single-family homes, duplexes and multi-family structures. The development standards for the single family homes will remain unchanged, The 4 multiple family structures and 59 duplex parcels will become non-conforming uses. All of the multi-family development within the area is currently non-conforming with respect to density. Within the RL zone (3-6 du/acre), these multi- family buildings have densities between 19 and 27 du/acre. Of the 59 duplex parcels within the area, 56 (95%) are non-conforming with respect to one or more of the following standards: lot size (i.e. less than 8,000 sq. ft.), lot width (Le. less than 60 ft. wide) or unit size (Le, less than 1,000 sq. ft.). The multiple family structures which become non-conforming uses as a result of the proposed rezonings will be allowed to continue even if ownership changes as long as the use does not cease for 180 days. If such a use is destroyed by a disaster, it is allowed to be rebuilt to the same density if the permit is applied for within one year and the structure is completed within three years. Overall, the development of duplex and multi-family units on small lots within the neighborhood has created the appearance of over-crowding on many streets. This is best evidenced by the excessive number of parked cars in these areas. Most of these . . Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the SeacrestlDel-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 9 uses are deficient with respect to number of parking spaces and/or parking lot design. Where adequate spaces do not exist in off-street parking lots or immediately in front of these uses, parking has spilled onto front yards and into the swales of adjacent single- family development. Back-out parking onto adjacent roadways is the typical parking arrangement for duplex development within the neighborhood. In most cases, the number of spaces are maximized with the entire roadway frontage covered in asphalt without the benefit of landscaped breaks between spaces. This degrades the appearance of the area, affects drainage and encourages speeding. Although the proposed rezonings will not eliminate all of these problems, they will prevent additional units for being constructed or the conversion of single family homes to duplexes. Additionally, most of the affected structures are at least 30 years old. Age, obsolescence and poor maintenance have taken their toll on many of the duplex and multiple family structures in the area. As these buildings approach the end of their useful life, they will have to be replaced with single-family homes, I " '",' "...., "'.""" REVIEW' BY OTH ERS' I '.' - .:' :: --.:. ~:~ ': ,', ",..- . - - - ' ::: ..: :.: :.:: :.:-.>.- :-.: ..: ,.. -~ ... . - ..~,...:.' -- :..:.., -.:... '. . ':. ^ . . ;,; ':;::"1; ,':...., ,', ',>:;;, :;:. .' 'T'" " ;'" The development proposal is not within a geographical area requiring review by the DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Community Redevelopment Aaency: At its meeting of May 22, 1998, the Community Redevelopment Agency reviewed the proposal and recommended approval for the FLUM Amendments and Rezonings. Adiacent Municipalities: - Notice of the proposed amendments has been provided to the City of Boynton Beach and the Town of Gulf Stream, A response has not been received. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: o Sea crest Homeowners Association o Del-Ida Park Homeowners Association o Lake Ida Homeowners Association o PROD (Progressive Residents of Delray) Public Notice: Formal public notice has been provided to the owners of all properties subject to the FLUM and zoning changes as well as to property owners within a 500' radius of the subject properties. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. I Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the SeacresVDel-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 10 I ASSESSMENTANO CONCLUSION I The proposed FLUM Amendments and Rezonings are recommended in the adopted SeacrestlOel-lda Park Neighborhood Plan, which was adopted to meet the provisions of Housing Element Policy A-5.5 of the Comprehensive Plan. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LOR Section 3.1.1 (Required Findings), LOR Section 3.3.2 (Standards for Rezoning Actions), LOR Section 2.4.5(0)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore the proposed FLUM amendments and rezonings can be recommended for approval based on the findings outlined in this report. I ...ALTERNATIVE ACTIONS> I A. Continue with direction. S. Recommend to the City Commission approval of FLUM Amendments to the subject parcels, based on positive findings with respect to Future Land Use Element Policy A-1. 7 of the Comprehensive Plan (FLUM Amendment Findings), LOR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan; and, Recommend to the City Commission approval of the rezonings of the subject parcels, based on positive findings with respect to LOR Section 3,1.1 (Required Findings), LOR Section 3.3.2 (Standards for Rezoning Actions), LOR Section 2.4.5(0)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. C. Recommend denial of the FLUM Amendments and Rezonings based on a failure to make positive findings and that the FLUM amendments and rezonings fail to fulfill one of the basis for which a FLUM Amendment or rezoning should be granted. 1\.. RECOM. MEN ..0 E..O;~CT(JO N ,.....,. "..'1 1. Recommend to the City Commission approval of the proposed FLUM Amendments from: 0 TRN (Transitional) to LO (Low Density Residential 0-5 du/acre), for the parcels within "Area A" identified in Appendix A; and, 0 MO (Medium Density Residential 5-12 du/acre) to LO (Low Density Residential 0-5 du/acre) for the parcels within "Area B" identified in Appendix A; I Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the Seacrest/Del-Ida Park Neighborhood Plan Meeting of June 15, 1998 Page 11 based on positive findings with respect to Future Land Use Element Policy A -1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan; and, 2. Recommend to the City Commission approval of the following rezoning requests: 0 Rezoning from RL (Multiple Family - Low Density) to R-1-AA (Single Family Residential) for the parcels in "Area C" identified in Appendix A; 0 Rezoning from RM (Multiple Family Residential - Medium Density) to R-1- -A (Single Family Residential) for the parcels in "Area D" identified in Appendix A; 0 Rezoning from RM (Multiple Family Residential - Medium Density) to R-1- A (Single Family Residential) for the parcels in "Area E" identified in Appendix A; and, 0 Rezoning from RL (Multiple Family - Low Density) to R-1-A (Single Family Residential) for the parcels in "Area F" identified in Appendix A; based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3,3.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. - Attachments: o Proposed Future Land Use Map Amendments o Proposed Rezonings o Appendix A Report prepared by: Ron Hoggard. Senior Planner I . Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the SeacresUDel-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 12 I APPENDIX A I FLUM AREA A: THE E 316.9 FT OF N % OF S % OF NE % OF SW % OF SW %; THE E 195 FT OF W 350 FT OF N % OF S % OF NE % OF SW % OF SW % / LESS N 30 FT/; THE N 30 FT OF E 310 FT OF W 350 FT OF S % OF NE % OF SW % OF SW %; AND, THE E % OF S % OF NE % OF SW % OF SW %, OF SECTION 4, TOWNSHIP 46S, RANGE 43E, FLUM AREA B: THE PART OF LOT 38 LYING EAST OF NE 3RD AVENUE AND WEST OF FEC RY, SUBDIVISION OF SECTION 9, TOWNSHIP 46S, RANGE 43E - REFER TO PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND, LOTS 102 TO 115, INCLUSIVE AND THE PART OF LOT 116 LYING NORTH OF LAKE AVENUE, PLUMOSA PARK SECTION A, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 68, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND, LOTS 1 TO 15, INCLUSIVE, BLOCK 11 OF SEACREST PARK, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 33, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. - REZONING - AREA C: THE E % OF S % OF NE % OF SW % OF SW % OF SECTION 4, TOWNSHIP 46S, RANGE 43E. REZONING AREA D: LOTS 1 TO 15, INCLUSIVE, BLOCK 11 OF SEACREST PARK, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 33, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. REZONING AREA E: THE PART OF LOT 38 LYING EAST OF NE 3RD AVENUE AND WEST OF FEC RY/ LESS NL Y 141,56 FT, SUBDIVISION OF SECTION 9, TOWNSHIP 46S, RANGE 43E- REFER TO PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND, . . Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the SeacrestfDel-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 13 LOTS 102 TO 115, INCLUSIVE, AND THE PART OF LOT 116 LYING NORTH OF LAKE AVENUE, PLUMOSA PARK SECTION A, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 68, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. REZONING AREA F: ALL OF BLOCKS 1,4,5,8,9, AND LOTS 4-12 INCLUSIVE, BLOCK 12, DELL PARK, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 8, PAGE 56, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND, LOT 12, PLUMOSA PARK, SECTION A, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 68, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. - . . \ \ CF-C, , 1 TFNN'S II i-.'' - ", ;, ( I\~. i",~ , ) \~, " : 'D,'''' -" =J AOUACRES': _ -, COJR~S ;il/l~'~:~-"~-"-'-~- -'~ ~ - -l~'tLl'--': l) ,.,:: to \ \" ' , ' ',~ poo. ~i'c;':--->)J- I '~------- _~'------- "_______ ~'\ I !"' , , ' : ' Q r,.l ~v ~ _______ ---~ ~~ 'I: .... _ ' I . ...~. 10' " ,l\lJ ______ If c' " ~ 1 Ii."'" 7"1...~' <II. l I :' > ~.l.. 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(LAKE: AV!:.) : I 1 \ \ \ I J ,; ,.;" S I ,'11/111/;1111171 -- f-, HI I 1 I 'I I ' ,~ ' ,I 'f, I I I It --'---- f- I I I ; I r /, ' , , I i ': : I : i \\ \ . .....", AVE,ur S 'l - ." ~ c.-- I I" " : A' ,ii' 1'-'; i, , " t=j"~ I I!: III!! /! i IIIIYI - E3 i "'-----",' I': ,",1"1'1,'1 IIIII,I,I,I'.I,;'I,I!.!'? "" 'I""" , ~, ,I I ,I, I, ,I , , " : , ' 1 -= " ' '.r lJlH, S' j ~ ' I I : ~ ).. I I' !: ! I' II 'i '- "II'!!,,"~!": C---./ 1 L..Il.'" - ~:'<: - ~"''' 'I II I, I , I, I - : I 'I I' ~ I I :---I" 'I I 1 ' lL :: '2 t. \10. .,; A~. ',: : . .; -i-- : : i; '~....,' ..: I II , 0:: - ., ; /I; ,I:' ~ I, i I : I I i I ~ :1',: i ii", " i I ==1' gf t:=1[Jl-1 f----if=1 RIfll! 4i-::::-, ' - -'I I I ~.[ : 1" .~. a I l::j DO t::dllJJ ~ ~ - , I 'II Ii' iR '1Iil!i'I,i:":~ ~,.,' J - 1- RI_'~. ,:Hi Ii. ;.;'-1 :',I','III,!III' I~ I~ ~ ~ ~B~BITIJB~:;! -.If '- B "' "" "'/: 'C-~ ~ ~I 'II "'. ~L ~~ I I: =1 [ i ::,: : , @~ :lp ~ .~ L~~5~E! ~ rl II Z "I ==] II." --L f-- \, u II ' ~'" :! I , ,/-- I" f- I <...~ 101.... 0:::. Gte =--- t-- ... 1oA1CI(t._ LJ\ ~ ~ f I ~ f I 1 ~ I---:=: ~ ' ~ . " : '"i ~ /--~J-__~~' ~ Ii - ,! , .",' "OH f--H'=~ _8 7' .c= '~. '1'- IRI<-'.I 'I'! ,ll!! B ~H~~ ~ ~ , R, ~I I, J 1 :: ,~ I I ==M u I-- tj~;t:j~ ,z rDAI ~D ~ :, ~~,~ ,,_. ~ ",', _ -"') BOo,",v,'- C'O<:'!:, ,BUSH 'VA .... , N I' ~ .'. )R",/I -~...) ~~~~~I:' I" "'ARINAU - , 01 ;;.1 I U"JI - , "'"... 1~ ~ ,::> I ' ! sr. VfNCCNiS DELRAY :=J2 ~. .. q~"'" ....~~ "'l: ~ . ~l i I . !. I ! i CHURCH GC A ~r,i-i ,81'1,1--':- f-" 1~,~1K~~, ~I=:~:I U7 CF-C ~ J lli , ,~HHz, l' ~~ z, h, II ii, !!. I r~'tol J-- N SEACREST/DEL-IDA NEIGHBORHOOD - - ?ROPOSED FUTURE LAND US:: Iv'!,,",P Arv1ENDMENTS - CITY o~ DELRAY s::A:;r., F~ PLANNING I< ZONING D::=>ARThI::N, <20 :-RO~: TRANSITIONAc T:): LOW D~NS--v @ :-RO~: M~DIU~ O~NSI1Y TO: LOW D~NSI1Y -- DIGITAL BAS[ MAD SYSTEM -- MAD R::F: LM25J . r " . : -:-..:- - - - - FORM 8B MEM9RANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS & ",SI "","'I IIK!'& '\tell MIIIIIII """1&: I\iAME O~ IIOA II O. ('OU!'iCH., ('OMMISSIOI\i. Al:1 HORn y, Olll'OMMlll EE 5cttM" - ~ f\V) 0 vJ Il.-t..... I'J~A-"( 86At:.-H C' T't ~M..l ss p-.,J M .\ II ,,(; .\UUK I ,'S lItf 1lOo\IlIJ, COLI NCH.. COM MISSION. AUl HORny OR COMMI11 EE Olio WHICH I SER VE IS 0\ l'!\;n OF 1011 ,JvJ l sf- thr. CllY D COlJIIo'TY D 01 HER I.OCAI. AGENCY l'II' lUlIsn SAME m POUTICAl SUIIDIVI!';ION, i':>,'/L.-Il-A- ~ ~ ~eAc-I-f /) U-fUH 6~+ 1l^1 E O!l. II. Hll'H \011' lllnkRfll MY POSITION IS: OC-TOJ$~ Co ~q~ ElE(lIVE D APPOINTIVE WHO MUST FILE FORM 88 This form is for use by :lOy person SCr\ ing 3tthe ~(lUnIY. dty. or other local level of go\ernmenl on an apJ'loinled or elected board. council. commission. aUlhorilY, or commiuee. II applies equally to members of advisory and non-advisor)' bodies who are presented v.-ith a \'oting conflict of inlerest under Section 112.3143, Florida Statutes, Your responsibilittcs under the law when faced with a measure in which you have a conniet of interest will vary greatly depending on whelher you hold an elective or appointive position. For this reason. please pay close attention to the instructions on this form before completinl the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding electin' COUnlY. municipal, or olher local public office :\tUST ABSTAIN from voting on a measure which inures 10 his special prh'att gain. Each local officer also is prohibited (rom knowingly voting on a measure whieh inures to the special lain of a principal (other than a government ag~ncy) by whom he is retained, In rither case, )'OU should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN b)' publici)' staling to the assembl)' the nature of your interest in the measure on .'hich you art abstaining from voting; and WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recordin. Ihe minutn of the mMina, who should incorporate the form in the minutes. APPOINTED OmCERS: A person hOldin.appointive county, municipal. or other local public office MUST ABSTAIN from votina on a measure which inures to his special private gain, Each local officer also is prohibited from knowingly voting on a measure which inures to the special.ain o( a principal (other than a lovernment a.ency) by .'hom he is retained. . A person holdin, an appointive local office otherwise may participate in a matter in which he has a connict of interest, but must disclose the nature of the connict before makin, any atlemptlo influence the d<<ision by oral or writlen communication. whether made by the'officer or at his direction. . . IF YOU INTEND TO MAKE ANY AITEMPT TO INFWENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should complete and file this form (before makin. any attempt to influence the decision) with the person responsible for KCordina the minutes of the meetina. who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. ~ · The (orm should be read publicly at the meetins prior to consideration of the matter in which you have a connict of internt. ct FORM K8-&"'l PAGE I r I - - i IF YOU MAKE NO ATTEMPT TO INFLuENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETlNG: . You should disclose orally the nature of your connict in the measure before participating. . Yo~ should I:omplete the form and file it within 15 days after the vote occurs with the person responsible for ,recording Ihe minutes of Ihe meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST I. 0a. t1.-zJ iJ I S0kwt.i6L*=-, hereby disclose that on Qc. -tzJ h..e..t- 0, , 19 '\8: : I (a) A measure came or will come before my agency which (check one) _ inured 10 m). sp.:dal private ~ain; or L inured to the spcdal gain of ~ M. S{~~ ' , b)' whom I am retained, (b) The measure before my agency and Ihe nature of my interest in the measure is as follows: ~ 15 $--0<. \J~S ~ f'e ..:cOVV1~ ~ N 7 c.. {l'~+ ~$ rr~ lAJl~~ ~ c.-v~ -h, b.e r-e =c~ ~ I~ ~s.e.Q ~~ y.e.~~ r / . HJ! ~ / c; <:6 )~A;iJ~, ,~~.~ Date Filed { Signat ure L NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES t112.317 (1985). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAYBE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN SALAR Y. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55.000. CE FORM 18. '-91 PAGE 2 I' . . -:",- - - - FORM 88 MEM9RANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I "Sl '''MI I Ill" ,,,.. Mil 1I II I ,1\'11' "-AME 01- IlOARO. (Ull"CII., ('OM MISSION, Al;1 HOIlI1 Y. OIll'OMMll1 EE S c I--/-M.r 1)1 ( ttVlb iJ I L- l.l C,7Y L~~i ~ (g-,J M.\III\I; .\1 1I11l I S. "!IH 1\0"111). COlJ!\lClL ('OM MISSION, Aln HORI11' OR COMMlllEE Olio WHICH I SERVE IS A 1",11 0..- tJvJ (STo G:-rJJC o COU"'TY o 01 HER LOCAL AGEN("\' A 'is o APPO'''T/VE O{2{J. 4/- g WHO MUST FILE FORM 88 This form is for u~c by :lny per~on scn ing :It Ihe ':l1UnlY, dlY. or other local level of government on an appoinled or elected board. council. commission. authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conniet of inlerest under Seclion 112.3143. Florida Statutes, Your responsibilities under the law when faced with a measure in which you have a connict of interest will vary greatly depending on whelher you hold an electi....e or appointi....e position. For this reason, please pay close attention to the inslructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding electhe county. municipal. or olher local public office ~1UST ABSTAIN from ....oting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special lain of a prindpal (other than a government agency) by whom he is retained. In either case, )'OU should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating 10 Ihe assembly the nature of your interesl in the measure on .'hich you are abstaining from voting; and WITHIN 15 DAYS AfTER THE VOTE OCCURS by completing and filing this form with the person responsible for recordin, the minutes of the meeting, who should incorporate the form in the minutes. APPOISTED OFFICERS: A person holdina appointive count)', municipal. or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain, Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a lovernment agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a connict of interest, but must disclose the nalure of the connict before makins any altemptto innuence the decision by oral or wrillen communicalion, whether made by the'officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should complete and file this form (before making any allempt to innuence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the mailer in which you have a connict of interest'. a FORM XB -1-91 PAGE I , - i IF YOU MAKE NO ATTEMPT TO INFLuENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You should disclose orally the nature of your connict in the measure before participating, . You should !:omplele [he form and file it within 15 days after the vOle OCcurs with Ihe person responsible for ,recording the minules of the mceling, who should incorporate the form in the minules, DISCLOSURE OF LOCAL OFFICER'S INTEREST r, ~(i2 t..J.' <&k~~. hereby disclose thai on Oc- -Iv ~ z.....o . 191 €: : (a) A measure came or will come before my agency which (check one) _ inured to my sp~~ial pri\:lle gain; or ~ inured to the spc~i31 gain of f\ try M., S t I"\'t trY-... , b)' whom I am retained. (b) Tht' measure before my agency and the nature of my interest in the measure is as follows: Mi dl~+ ~5 "'- L~\( ~ ill G'Vv\ ~€A..- -to lx .,..e..~. +l:L Q ~-e..cfs --10 ~ d~~ - l +~ ( O. /). lo{z..<J/'1Y> ~u.J, ~ Date i1ed ( Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 0112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAYBE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S5,000. CE FORM 11.1-91 PA.GE 2 I ... ,. . LEGAL VERI FICA TION FORM FILE#: 98-169 LEGAL DESCRIPTION: AREA A (FLUM Amendment): THE E 316,9 FT OF N % OF S % OF NE % OF SW % OF SW %; THE E 195 FT OF W 350 FT OF N % OF S % OF NE % OF SW % OF SW % I LESS N 30 FT/; THE N 30 FT OF E 310FT OF W 350 FT OF S % OF NE % OF SW % OF SW %; AND, THE E % OF S % OF NE % OF SW % OF SW %, OF SECTION 4, TOWNSHIP 46S, RANGE 43E. (3.23 ACRES) AREA B (FLUM Amendment): THE PART OF LOT 38 LYING EAST OF NE 3RD AVENUE AND WEST OF FEC RY, SUBDIVISION OF SECTION 9, TOWNSHIP 46S, RANGE 43E - REFER TO PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND, LOTS 102 TO 115, INCLUSIVE AND THE PART OF LOT 116 LYING NORTH OF LAKE AVENUE, PLUMOSA PARK SECTION A, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 68, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND, LOTS 1 TO 15, INCLUSIVE, BLOCK 11 OF SEACREST PARK, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 33, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (9.05 ACRES) AREA C (Rezoning): THE E % OF S % OF NE % OF SW % OF SW % OF SECTION 4, TOWNSHIP 46S, RANGE 43E. (1.13 ACRES) AREA D (Rezoning): LOTS 1 TO 15, INCLUSIVE, BLOCK 11 OF SEACREST PARK, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 33, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (3.1 ACRES) AREA E (Rezoning): THE PART OF LOT 38 LYING EAST OF NE 3RD AVENUE AND WEST OF FEC RYI LESS NL Y 141.56 FT, SUBDIVISION OF SECTION 9, TOWNSHIP 46S, , . , ... RANGE 43E - REFER TO PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND, LOTS 102 TO 115, INCLUSIVE, AND THE PART OF LOT 116 LYING NORTH OF LAKE AVENUE, PLUMOSA PARK SECTION A, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 68, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA (5.5 ACRES) AREA F (Rezoning): ALL OF BLOCKS 1, 4, 5, 8, 9, AND LOTS 4-12 INCLUSIVE, BLOCK 12, DELL PARK, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 8, PAGE 56, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND, LOT 12, PLUMOSA PARK, SECTION A, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 68, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA (26.08 ACRES) SOURCE of Legal Description: SEE LOCATION MAP) VERIFIED BY:\\4 DATE: '1"3iJ t'*' VERIFICATION REQUEST NE DE BY: SEPTEMBER 30,1998 LEGAL DESCRIPTION IN ORDINANCE (NO ) VERIFIED PRIOR TO SECOND READING: VERIFIED BY: DATE: VERIFICA TION REQUEST NEEDED BY: . I . w: II iL/:){m - cmOf_'-, ...- _I Of 1'lIIUC_ , -A PUBLIC HEARING wi! be held on lhe following proposed onlinances on TUESDAY, OCTOBER 20, 1998, AT '~.m (..~_. j such meeting whicl1 is set by lhe Com- .mIssIon , in lhe CommiSSlDl1 CIIam- itlm II ~ity Hall, 100 N.w. 1st Avenue, t 'ClIlIltNAIa NO, 45-ll8 oOeIrIy &.ch. Florida, II which time ,WI ORDINANCE Of THE CIlY COM. ~n.:.~~ iMISSION Of THE CITY Of OElRAY 'fIllY be insIleC\8d IIlhe 0Ifice 01 lhe ,ilEACH, A.ORIOA, AMENDING TITlE Qly CIerI< II City Hall, 100 N.w. 1st 8. "GENERAL REGULATIONS', CHAP. Avenue, Delray Beach, florid., IER 102, "STllEETS AND SIDE. between 1he hours 01 8:00 ..m, nI WALKS', BY AMENDING SUBHEAD- 5:00 p.m., Monday 1hrough Friday, .ING "M0VEAIll.E FIXTUAES WITHIN a:epl holidays, All inIol1l51ed parties 'THE RIGHT.oF-WAV", Of THE CODE .. invIIId to _ and be heard WI1I1 Of ORDINANCES Of THE CITY Of ~ lD lhe pnIpDSId DI'dinn:es. <IlElAAY BEACH, BY AMENDING SEC- 'TION 102.40, -PURPOSE AND 'IIIllIIIAIlCE 110, _, -stoPE", TO INCLUDE MODULAR NEWSRACI<S; BY AMENDING SEC. AN ORDINANCE Of THE CIlY COM. TION 102,41. "DEFINITIONS", TO MISSION Of THE CIlY Of OELRAY ..clARIFY THE OEFINfTlONS Of lEACH. A.ORIOA, REZONING AND 'NEWSRACKS 1HJ MODUlAR NEWS. PlACING lAND PRESENTlY ZONED r- '" ..."'" Rm> == A-1-A olSINGLE FAMILY RESIDEN. '102.42, "CEImFICAn Of COMPlf- ~ STRIC'T IN THE ~OBILE .-ANtE REQUIRED", TO ClARIFY THAT = ~ DISTRICT; SAID BEING .MODULAR NEWSRACI<S AIlE eJ "Ill' ST 40 FET Of THE EAST 120 >1NCl.UIlED; BY AMENDING SECTION DO FET Of LOT &, PlAT Of lAMBERT ,'102.43. "STANDARDS FOR NEWS. TRAILER COURT, LOCATED AT 311 I RACK MAINTENANCE AND INS-mL. ~ SOUTHEAST 12TH ROAD. AS MORE , LATlON', TO PROVIDE FOR A RET~ DO PARTICUlARLY DESCRIBED HEREIN; I TUNG Of THE SECTION, AND ClARk "'" AMENDING "ZONING MAP Of DEL- i FYING THAT THE CITY MAY ACT AS A = 'RAY BEACH, A.ORIOA, 1894"; PRO- I """"""' """''' """'" VIDING A GENERAL REPEALER NEWSRACKS, PROVIOING THAT = . ClAUSE. A SAVING ClAUSE, AND AN RENT AND MAINTENANCE COSTS 2 fF1'EC'T1\IE DATI. ABOVE ACTUAL COSTS ARE PROHIB. ITED, PROVIDING FOR REGULA- ~ , ORDINANCE NO. 4HII TIONS FOR THE PlACEMENT, ~ APPEARANCE, AND MAINTENANCE. ,AN 0RDtNANCE Of THE CIlY COM- Of MODULAR NEWSRACKs; BY ! ~ MISSION OF THE CIlY OF DElRAY ,AMENDING SECTION 102.44. "PlIO- i . IlEACH, A.0lIlDA. RE2DNING CER- t~~~~,= ~ TAIN PARCElS OF lAND, AS MORE PARTICUlARLY DESCRIBED HEREIN, LAR NEWSRACI<S ON PUBLIC I to! - FROM Rl (MULTIPLE fAMILY RESI. RIGHTS-OF-WAY AND CIlY PROPER. ~ DENTIAL - LOW DENSITY) TO R.1-AA TY AND PROVIDING FOR RfLETlER. DO WlNGLE fAMILY RESIDENTIAL) DIS. ING; BY AMENDING SECTION 10245, i ~ ICT. FROM RM (MULTIPlE fAMILY 'INSURANCE AND INDEMNIFICA. : RESIDENTIAl. . MEDIUM DENSITY) TION", TO INCLUDE REOUIREMEIITS ' = TO R-1oA (SINGLE fAMILY RESIDEN- FOR MODULAR NEWSRACKS; BY TIAL) DISTRIC'T, AND FROM RL AMENDING SECTION 102,46, "ABAN- I eJ (MULTIPLE fAMILY RESIDENTIAL - OONMENl", TO INCLUDE A STAN. "'" LOW DENSITY) TO R-1oA ~NGLE DARD FOR ABANDONMENT OF MOD- I = fMllLY RfSlDENT~ DISTR ; AU . UlAR NEWSRACKS,' AND SHORnN. AS REQUIRED TO I PlEMENT THE ING THE TIME FOR A DETERMINA- =' SEACRESTIDEL IDA PARK NEIGH- TION OF 'ABANDONMENT' BY I ~ BORHOOO PLAN PURSUANT TO THE I AMENDING SECTION 102.47. , "'!l GOALS, OBJECTI\IES AND POlICIES 'fNFORCEMENT", TO INCLUDE MOD- ? OF THE COMPREHENSIVE PLAN; lIl.AR NEWSRACI<S; BY AMENDING SAID LAND BEING GENERALLY SEC'TION 102411, 'APPEALS', TO LOCATED BETWEEN SEACREST ClARIFY THE APPEAL PROCESS. - BOULEVAIlD AND DIXIE HIGHWAY PROVIDING FOR AN IMMEDIAn AND BETWEEN GEORGE BUSH ,APPEAi. TO CIRCUIT COURT IN ~ BOULEVAIlD AND ATlANTIC HIGH CASES OF ABANDONMENT OF ~ SCHOOL: AMENDING "ZONING MAP : NEWSRACKS AND MODuLAR NEWS. == OF DfLRAY BEACH, A.ORIDA. 1894"; , RACKS, PROVIDING EXCEPTIONS TO PROVIDING A GENERAL REPEALER " STAY OF THE REMOVAL OF MOOU. ClAUSE. A SAIlING ClAUSE, NID /Ill 'f lAR NEWSRACKS 1HJ NEWSRACKS . ..... EI'fECTI\IE DATI. , IN CERTAIN INSTANCES AND WHERE I ABANDONMENT ADVERSELY n OIIOINANCE NO. 42-98 AfFECTS DISTRIBl1TION, PROVIDING FOR REIMBURSEMENT OF STORAGE AN OIlDtNANCE OF THE CIlY COM. COSTS IF APPELlANT PREVAILS ON MISSION Of THE CITY OF OELRAY APPEAL; PROVIDING A GENERAL BEACH, A.ORIDA, REZONING TWO REPEALER ClAUSE, A SAVING PARCElS Of lAND, AS MORE PAR. . ClAUSE, 1HJ /Ill ER'ECTIIIE DATI. TICULARLY DESCRIBED foEREIN, FIIOM RM-10 (MULTIPLE FAMILY ..... lie IlMsed hi I . ....... RESIDENTIAL . MEDIUM DENSITY dIcIdes lD =: cIec:IsIon... WITH A DENSITY SUFFIX OF 10 ;ll\Ib Qly ..." 1IIl*:t~ :DWEWNG UNITS fER AC~ t:. - CIIllIIdnI.....--.g, PIlD-li ~ RESIDE :.c::"1IIad lD .......1IIal. !lEVEL ENT - 5 UNns PER ACRE) . m IlICDnlIn!:fudes lhe-.any 10 RM-10 ~ fMllLY RfSl- MIInce upon "",*"b.-. -mNTlAI. - DENSITY WITH " lie IIIIad. 1Iia CIIy as.::= ,DENSITY SUIflX Of 10 DWEllING UNITS FEll ACIlE), 1IESl'ECTlVEIY, ;s,=ll5~-- ~ ASSOCIATED WITH THE CITATION a .' CITY OF DEUlAY IlEACIl CLUB AND HAMMOCK RESERVE 1lEVELOI'YENT'S; SAID PAACElS OF ~7~~ .lANO BEING LOCATED ALONG 0IlCIWlD lANE. APPIlOXIMATELY :too FET I!IIST OF MIUTMY TRAIL; . AMENDING "ZONlNG MAP OF DEl- RIIDn News . , I RAY 1lEACIl, A.ORIDA, 1894"; PRD- I #14llll6._" ':'.~ ,."" . ...... -- 1ClAUSE, II SAIlING ClAUSE, 1M) III fl"EC'MQIlI'E.~. ';';"-<'l>',' - .:- i :::.~"4IlIlINANCE 110. 44-98 . _ . .AN'ORDINANCE OF M CITY COM- -MISSION OF THE CIlY OF OElRAY BEACH, A.ORIDA, AMENDING APPENDIX 'A~NmONS) OF THE lAND DEVEL NT REGUlATIONS OF THE CIlY OF DELRAY BEACH, BY ,~~~; _ PROVIDING A GENERAL REl'fALER ClAUSE, A SAIlING ClAUSE, 1HJ /Ill ER'EC'TI\IE DAn . . 6e." f}~ NOTICE OF ZONING CHANGE CITY OF DELRAY BEACH, FLORIDA The City Commission of the City of Delray Beach, Florida, will consider the following ordinance: ORDINANCE NO, 41-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING CERTAIN PARCELS OF LAND, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM RL (MULTIPLE FAMILY RESIDENTIAL. LOW DENSITY) TO R+AA (SINGLE FAMILY RESIDENTIAL) DISTRICT, FROM RM (MULTIPLE FAMilY RESIDENTIAL. MEDIUM DENSITY) TO R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT, AND FROM RL (MULTIPLE FAMILY RESIDENTIAL - LOW DENSITY) TO R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT; ALL AS REQUIRED 1'0 IMPLEMENT THE SEACREST/DEL-IDA PARK NEIGHBORHOOD PLAN PURSUANT TO .THE GOALS, OBJECTIVES I AND POLICIES OF THE COMPREHENSIVE PLAN; SAID LAND BEING GENERALLY LOCATED BETWEEN SEACREST BOULEVARD AND DIXIE HIGHWAY AND BETWEEN GEORGE BUSH BOULEVARD AND ATLANTIC HIGH SCHOOL; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. 0;:1 The City Commission will conduct two (2) Public Hearings for the purpose of accepting public testimony regarding the 0 ~ proposed ordinance. The first Public Hearing will be held on TUESDAY, OCTOBER 6, 1998, AT 7:00 PM (or at any ~ continuation of such meeting which is set by the Commission), in the Commission Chambers at City Hall, 100 N.W. 1st I~ ~ Avenue, Delray Beach, Florida. If the ordinance is passed on first reading, a second Public Hearing will be held on 8' TUESDAY, OCTOBER 20, 1998, AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission). ::s A MAP (not to scale) DEPICTING THE GENERAL LOCATION OF THE PROPERTY TO BE REZONED IS SHOWN .2: BELOW. A COMPLETE LEGAL DESCRIPTION BY LOT AND SUBDIVISION AND/OR METES AND BOUNDS AND A (1) COPY OF THE ORDINANCE HEREINABOVE NAMED CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK, ~ CITY HALL, 100 NW.1ST AVENUE, DELRAY BEACH, FLORIDA. I~ . c.. ,~ .';< ~I rn ii (1) "0 "... .,! (1) z 3 r:: ,TH (1) ~, "':l <I N N.W. 17111 5'0 N.W. 17~ ~I N.E. , 7TH -., ..... ." z r:a 0 ST. r:a ~ CO N. 1 T W I ~ z . ~ :i <( GIlo~ 'f"~ OENERY LH. ~ N.W. l2-n1 Sl. < BONO ~ ~ N.W < . :i ~ ~ ~ ~ .. TH T, ~ N. . ~ . . o.J o.J :i :i GEORGE z z All Interested citizens are invited to attend the public hearings and comment upon the proposed ordinance or submit their comments in writing on or before the date of these hearings to the Planning and Zoning Department. For further information please contact the Planning and Zoning Department, City Hall, 100 NW. 1st Avenue, Delray Beach, Florida 33444 (Phone 561/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APP.EAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO ES. 286.0105. PUBLISH: Boca Raton News CITY OF DElRAY BEACH Alison MacGregor Harty September 28, 1998 . City Clerk October 14,1998 Ad #776311 ! . Ce; Hh~ . NOTICE OF ZONING CHANGE CITY OF DELRAY BEACH, FLORIDA The City Commission of the City of Delray Beach, Florida, will consider the following ordinance: ORDINANCE NO. 41-98 . i AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING CERTAIN \ PARCELS OF LAND, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM RL (MULTIPLE FAMILY RESIDENTIAL - LOW DENSITY) TO R-1-M (SINGLE FAMILY RESIDENTIAL) DISTRICT, FROM RM (MULTIPLE FAMILY RESIDENTIAL. MEDIUM DENSITY) TO R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT, AND FROM RL (MULTIPLE FAMILY RESIDENTIAL - LOW DENSITY) TO R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT; ALL AS REQUIRED TO IMPLEMENT THESEACREST/DEL-IDA PARK NEIGHBORHOOD PLAN PURSUANT TO THE GOALS, OBJECTIVES AND POLICIES OF THE COMPREHENSIVE PLAN; SAID LAND BEING GENERALLY LOCATED BETWEEN SEACREST BOULEVARD AND DIXIE HIGHWAY AND BETWEEN GEORGE BUSH BOULEVARD AND ATLANTIC HIGH SCHOOL; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDI~G. A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Commission will conduct two J2) Public Hearings for the purpose of accepting public testimony regarding the proposed ordinance. The first Public Hearing will be held on TUESDAY, OCTOBER 6, 1998, AT 7:00 PM (or at any r"J continuation of such meeting which is set by the Commission), in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If the ordinance is passed on first reading, a second Public Hearing will be held on TUESDAY, OCTOBER 20, 1998, AT 7:00 P,M. (or at any continuation of such meeting which is set by the Commission). A MAP (not to scale) DEPICTING THE GENERAL LOCATION OF THE PROPERTY TO BE REZONED IS SHOWN to 0 BELOW. A COMPLETE LEGAL DESCRIPTION BY LOT AND SUBDIVISION AND/OR METES AND BOUNDS AND A C':) COPY OF THE ORDINANCE HEREINABOVE NAMED CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK, Q.J CITY HALL, 100 N.W. 1ST AVENUE, DElRAY BEACH, FLORIDA. ~ - 0 .:t:l 12 '~ ~ l~ Co ::s ~ 1('1.) Co Q.J ~ 0 C':) - 0 C" ~ ~ ... ~ .... c;o c;o ~ . All interested citizens are invited. to attend the public hearings and coml"(lent upon the proposed ordinance or submit their COl1II\'l8flt$ In writing on or: before I,le date of these hearings to the Planning and Zoning Department. For further Information please contact the Planning and ZCri1g Department; City HaH,...OO N;W; 1stAwnue,DeIray Beach, Florida 33444 (Phone 561/243-7040), between the hours of 8:00 ..m.and 5:00 p.m., Mond8ythroUgh Friday, excluding holidays. .. .. PLEASE BE AIJVISED THAT iF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT 'PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO ES. 286.0105. PUBLISH: Boca Raton News CITY OF DELRAY BEACH AlisorfMacGregor Harty September 28, 1998 . ; City Clerk October 14, 1998 Ad #776311 J I NOTICE OF ZONING CHANGE CITY OF DELRAY BEACH. FLORIDA The City Commission of the City of Delray Beach, Florida, will consider the following ordinance: ORDINANCE NO. 41-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING CERTAIN PARCELS OF LAND, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM RL (MULTIPLE FAMILY RESIDENTIAL - LOW DENSITY) TO R-1-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT, FROM RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) TO R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT, AND FROM RL (MULTIPLE FAMILY RESIDENTIAL - LOW DENSITY) TO R-1-A ( SINGLE FAMILY RESIDENTIAL) DISTRICT; ALL AS REQUIRED TO IMPLEMENT THE SEACREST/DEL-IDA PARK NEIGHBORHOOD PLAN PURSUANT TO THE GOALS, OBJECTIVES AND POLICIES OF THE COMPREHENSIVE PLAN; SAID LAND BEING GENERALLY LOCATED BETWEEN SEACREST BOULEVARD AND DIXIE HIGHWAY AND BETWEEN GEORGE BUSH BOULEVARD AND ATLANTIC HIGH SCHOOL; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994" ; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Commission will conduct two (2 ) Public Hearings for the purpose of accepting public testimony regarding the proposed ordinance. The first Public Hearing will be held on TUESDAY, OCTOBER 6, 1998, AT 7: 0 0 P. M. (or at any continuation of such meeting which is set by the Commission) , in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If the ordinance is passed on first reading, a second Public Hearing will be held on TUESDAY, OCTOBER 20, 1998, AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission) . A MAP (not to scale) DEPICTING THE GENERAL LOCATION OF THE PROPERTY TO BE REZONED IS SHOWN BELOW. A COMPLETE LEGAL DESCRIPTION BY LOT AND SUBDIVISION AND/OR METES AND BOUNDS AND A COPY OF THE ORDINANCE HEREINABOVE NAMED CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK, CITY HALL, 100 N.W. 1ST AVENUE, DELRAY BEACH, FLORIDA. (INSERT ATTACHED MAP HERE) All interested citizens are invited to attend the public hearings and comment upon the proposed ordinance or submit their comments in writing on or before the date of these hearings to the Planning and Zoning Department. For further information, please contact the Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone 561/243-7040) , between the hours of 8:00 a.m. and 5: 00 p. m. , Monday through Friday, excluding holidays. I . . PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105. PUBLISH: The News CITY OF DELRAY BEACH September 28, 1998 Alison MacGregor Harty October 14, 1998 City Clerk ********************************************************************** Instructions to Newspaper: This ad is not to appear in the legal/ classified section. It must be at least two (2 ) columns wide by ten (10) inches long. The headline [NOTICE OF ZONING CHANGE / CITY OF DELRAY BEACH, FLORIDA] must be 18 point bold. Thank you. , . [ITY DF DELRAY BER[H DElRAY BEACH , I 0 . Ill" tzftd 100N.W.1stAVENUE . DELRAY BEACH. FLORIDA 33444 . (561) 243-7000 All-America City , III I! File # 98-169 1993 SUBJECT: PROPOSED REZONING OF YOUR PROPERTY INITIATED BY THE CITY OF DELRA Y BEACH Pursuant to Section 2.4.2(B)(1 )(c) of the Land Development Regulations of the City of Delray Beach, you are hereby notified that the City Commission will consider changes to the zoning districts for the properties which are shaded on the attached map. The City Commission will consider the proposed rezoning ordinance on first reading at a meeting to be held on TUESDAY, OCTOBER 6,1998. The meeting begins at 6:00 P.M. A public hearing in conjunction with second reading and adoption of the rezoning ordinance will be held on TUESDAY, OCTOBER 20, 1998 AT 7;00 P.M., (or at any continuation of such meeting which is set by the City Commission). The meeting will be held in the Commission Chambers at City Hall, 100 NW 1st Avenue, Delray Beach, Florida, for the purpose of receiving public comment, and your comments or those of your representative with regard to this proposed action. You are not required to attend this meeting or to have someone there to represent you; however, you are welcome to do so if you desire. The Rezonings to be considered by the City Commission are shown on Map Exhibit /I and are described as follows: AREA C: Rezoning from RL (Multiple Family Residential - Low Density) to R- 1-AA (Single Family Residential). Area C contains 1.13 acres. AREA D: Rezoning from RM (Multiple Family Residential - Medium Density) to R-1-A (Single Family Residential). Area D contains 3.1 acres. AREA E: Rezoning from RM (Multiple Family Residential - Medium Density) to R-1-A (Single Family Residential). Area E contains 5.5 acres. AREA F: Rezoning from RL (Multiple Family Residential- Low Density) to R-1-A (Single Family Residential). Area F contains 26.08 acres. A complete legal description of the parcels within each area is attached as Exhibit B. @ Fn:!!&d 0.", Ae=y~ied Pap6," THE EFFORT ALWt..YS !v':ATTERS . . Public Notice File # 98-169 Page 2 PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR THIS PURPOSE SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS ARE MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. THE CITY DOES NOT PROVIDE OR PREPARE SUCH RECORD PURSUANT TO F.S, 286.0105. If you would like further information with regard to how this proposed action may affect your property, please contact the Planning and Zoning Department, City Hall, 100 NW 1st Avenue, Delray Beach, Florida 33444, Phone 561/243-7040, between the hours of 8:00 A.M, and 5:00 P.M. on weekdays (excluding holidays), City of Delray Beach Planning and Zoning Department Date Mailed: September 18, 1998 . I EXHIBIT B AREA C (Rezoning): THE E ~ OF S X OF NE X OF SW X OF SW X OF SECTION 4, TOWNSHIP 46S, RANGE 43E. (1.13 ACRES) AREA 0 (Rezoning): LOTS 1 TO 15, INCLUSIVE, BLOCK 11 OF SEACREST PARK, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 33, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (3.1 ACRES) AREA E (Rezoning): THE PART OF LOT 38 LYING EAST OF NE 3RD AVENUE AND WEST OF FEC RY/ LESS NLY 141.56 FT, SUBDIVISION OF SECTION 9, TOWNSHIP 46S, RANGE 43E- REFER TO PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND, LOTS 102 TO 115, INCLUSIVE, AND THE PART OF LOT 116 LYING NORTH OF LAKE AVENUE, PLUMOSA PARK SECTION A, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 68, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (5.5 ACRES) AREA F (Rezoning): ALL OF BLOCKS 1,4, 5, 8, 9, AND LOTS 4-12 INCLUSIVE, BLOCK 12, DELL PARK, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 8, PAGE 56, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND, LOT 12, PLUMOSA PARK, SECTION A, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 68, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (26.08 ACRES) , . EXHIBIT II '\ J TENNIS kV ~: D : \ ,^ COURTS r.. -'- a C1 N,W 2.T!o. ... AOUACREST .;...... ~ E:. -C. . ". ,\ . . _--1 POOL tll1C \.. f, t ..- '^~ p.. y.. , ~N. I' ,----10 1'-11-l'-sO''''oo FijI-: JI / L I I : i \ ~ : """ tJ.\GtJ. ~ LL N -{N_,,". ,.nt, 51. ~ 1. : !.. ~~.; < e,,- OS I:, \ I I ': > :; c...,.....,q.. ............ "- <: I \ ' , " - ''f ~ .. ~ .. I!~ ! , : '::> r-@ FOOTBALL Ii : ,. I. L I foe F"ltLD:r ~ "--- K....E EDE" WAT !:::l 1 !f ' f ; I i 'j ..t. 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' , ' ! : i :-i i i!:- "Ll..t=:::I ~ l ~ 'I ,'I:::; -~ -- -==;;1 ~ - ., ':'"1",, ,----, < c-- ~ I ! I H.'. .. --". "'" .! = =<t= - ;--- ~ - HiO' '~~~~~ ~ ': .::;:: I ~ii 1 ==, =.i= . .J~ ":.i'i:I,~ '.'11111""1- ,,~",@ --, - , ~D F ~r I ~ '.; 'I i \' ---j " 'i! !: I " :' "'l 'j ~ I- ~ o ",... _ ..r euSH BOUU.....R ctDl':::t ~ - 8U'SH"'" I..- BOULLvARD ~ I Z I :Ii' I ~ .: 0 iji '~I! ~ " ". :;; I ~f--" '. . '. : I ' ~~.~. '.Q I' i5~ ~-----'--'--;.. '. rTm..,::: ST. VlNCENrs ",~l'~~~ / r - ~ : , . I i I ~CV~ ..J.~/ "" co:. . '::2 ,I i I [::III] CHURCH ot\,.: HW. 7111 ST. ! r--i i III ; I J~ ~~ 0 i:E. ~~ ....!:.7THCT. ~ , r' ~ 1 'I -)- f1j.t. 7TH ST. ... .s-: 5.i 5 ..---. ~: ~ i ill ? 'Tf\i1:~:1 ~. I r "1' \' 1"' .L!' '" '-:-]~. Z ::!' 1-4~1 i I >W:OG<-/ i ',;\111\\:\.. I I: ~ . I 1';----1% ~. ~ . ',' Z I'. WOOD "I' z,:. .., C z: _, I,; I ;,'1 CONDO- ~ SEACRESTjDEL-IDA NEIGHBORHOOD CITY OF DELRAY BEACH. FL - PROPOSED REZONINGS - PLANNING &: ZONING DEPARTMENT - - DIGITAL BASE MAP SYSTEM - - MAP RE,: lMZ53 . > , WEINER, MORICI, & ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 OF COUNSEL: MICHAEL S. WEINER ROBERT MARC SCHWARTZ. P.A. ALFRED G. MORICI Florida Bar Board Certified CAROLEJ.ARONSON Real Estate Lawyer October 6, 1998 Via Hand Delivery Mr. Ronald Hoggard City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Dr. and Mrs. William J. Hegstrom 225 N.E. 22nd Street, Delray Beach, Florida Our File No.: HEGWOO2 Dear Ron: Thank you for speaking with me. Please let me confrrm with you that Dr. and Mrs. Hegstrom oppose the rezoning of their property. It is our understanding that the meeting of Tuesday, October 6, 1998 is a frrst reading. It is also our understanding that a public hearing will be held in conjunction with the second reading and that my clients may offer any and all testimony as they believe is relevant to the matter at that second meeting. I I, ok forward to our meeting on Thursday, October 8, 1998 where I may further explain my cli s' position to you. cc: Dr. William J. Hegstrom ... .... r" 0' r jUO '" -- ." r.. . r.' ;m ... -~ . i... ." ... i'" j". -- -. ". r.. ...'..,. -- -- -- -- .. '" -- .- r' ". '" ... .. ." .::; ...... ... ,- ". .- '-0 .. ::; j" -- .- ...... .... '" .. .;1.... j'.' . -. .....j r.. ", ". -- :J -- ... -, .. ." RECEI'"=''' SEP 2 4 1998 9/19./93 , .- To ~'Jhom it may be oT int~r=st: Bure3ucrats are always building castles. Every time we p3SS a ~ew l3\-J or ordinance we chip away a little more o~ our Tt"!:?edom. Consider this scenario. The city of Delray is vet-y neat- to passing an ordinance which will legalize a plan concocted by city planners and a group OT Torty or Ti~ty citizens who purport to represent the entire population CT an area called the Seacrest neighborhood (3000 people?). The plan includes the purchase aT land to serve as parking lots to take the place OT parking spaces to be d2leted in Trent aT each homeowners pt-opet-ty. It includes the removal aT e;'~ i sti ng paving ="nd will result in each homeowner having ene parking spot. I-f a hotr:5'owner thr-ows a party and guests park on his -front lai.-m he will become a criminal. I suspect he will be guilty oT a misdemeanor. I e:-~pect his guests will get parking tickets. I have just illustrated one scenario. Lets try another. How many OT you readers would willingly 1 eave your- cat- parked in a lot hal~ a block away Tram your home, unprotected -from the~t or vandalism. IT you have two or three cars you will get Ot- -Face a.t least a tt-arfic ticket Tor illegal parking. Would you agree that iT I took money Trom you that ... \!-/oul d be .L restricting your -freedom to the extent aT what -freedom that money would buy? Well who do you think will pay -for these parJdng lots? To my knowledge none or the Seacrest Homeowners members or ci ty planner-s have volunteered. Rather they are proposing taxes and -fees. I -find it hard to believe that the Homeowners Association deliberately decided to throwaway their own ~reedoms along with mine. I stt-ongl y object to being told I may not park on my lawn. But we.seem to keep doing this sort Or thing every time someone says "we ought to have a law". My Tirst reaction to this plan was positive until I had time to think about it. Sure the area' will be prettier because the planners will have the power to rorce,us to plant hedges and trees. E:ut just once ! would like to be lert to my own devices to decide i-f I coul d a-fTot"d the cost o-f landscaping , whethet- I was physically capable~ whethet- I wanted the bother o~ trimming or even iT I wanted hedges on my property? Isn~t my pride enough? Or is it my property anymore? This is another whistle in the wind oT the Tuture. Seaci'-est is just the ~irst neighborhood. Believe me others will -fo 11 O~.J i-F this one passes. Am I alone in worrying about my -freedoms or are thet"e othet-s who are getting angry at these condclike restrictions? Was Orwell worrying about the wrong branch OT government? Should his "198411 have been about local socialism? Why are we being ~r=at~d as 10 y;ar olds too inexperienced to make our own decisions? T am ar:yt.y'! At-e 'you? ... William J. Hegstt-om RECEf\/r:=n SEP 2 It 1998 . .