04-05-94 Special/Workshop
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION ' , II I '
SPECIAL/WORKSHOP MEETING - APRIL 5. 1994 - 6:00 P.M.
COMMISSION CHAMBERS
The City shall furnish appropriate auxiliary aids and services where
necessary to afford an individual with a disability an equal oppor-
tunity to participate in and enjoy the benef~ts of a service, program,
or activity conducted by the City. Please contact Doug Randolph} (407)
243-7127 at least twenty-four (24) hours prior to the program or
activity in order for the City to reasonably accommodate your request.
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
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made} which record includes
the testimony and evidence upon which the appeal is to be based. The
City will neither provide nor prepare such record.
SPECIAL MEETING AGENDA
1. CONDITIONAL USE/SCHOOL SITE "S": Consider Conditional Use request
to establish Palm Beach County Elementary School Site 91-1 (S-2)
on a parcel of land zoned CF (Community Facilities).
2. APPEAL OF HISTORIC PRESERVATION BOARD DECISION/SLOAN HAMMOCK
RENTAL COMPLEX: Consider reversal of HPB1s denial of elevations
for the Sloan Hammock Building.
3. FINAL PLAT/HANCOCK SUBDIVISION: Con.ider approval of the final
plat for the Hancock Subdivision, a proposed two lot subdivision
located at 622 North Ocean Boulevard (State Road AlA), pursuant to
LDR Section 2.4.5(K), Minor Subdivisions.
4 . LAND USE RESTRICTION AGREEMENT/THE GROVES & WOODS OF SOUTHRIDGE:
Approval of the land use restriction agreement between the City
and The Groves and Woods of 50uthr1dge.
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Alison MacGregor Harty
City Clerk
WORKSHOP AGENDA
1. Capital Improvement Program - FY 1995-99. (30-45 minutes)
2 . Historic Property Tax Exemption Ordinance. (15 minutes)
3 . Commission Comments.
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION i'ijiP
SPECIAL MEETING/WORKSHOP - APRIL 5. 1994 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSIQN CHAMBERS
AGENDA ADDENDUM
THE SPECIAL MEETING AGENDA IS AMENDED TO INCLUDE:
5. AMENDMENT TO INTERLOCAL AGREEMENT/DELRAY SWAP SHOP: Amendment to
the Interlocal Agreement between the City and Palm Beach County
authorizing the annexation of the Delray Swap Shop property.
6. ORDINANCE NO. 19-94: First reading of an ordinance for
Annexation, Small Scale Land Use Plan Amendment from County CHIS
(Commercial High Intensity-Residential equivalent of 5 units per
acre) to a City Future Land Use Designation of GC (General
Commercial), and Initial Zoning of GC (General Commercial) for the
Delray Swap Shop.
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SPECIAL/WORKSHOP MEETING DATED APRIL 5, 1994
ITEM NO. WS/2 - HISTORIC PRESERVATION PROPERTY TAX EXEMPTION
Diane Dominguez, Planning Director, stated an actual
ordinance is not available, but one is currently being drafted.
There are a lot of details that need to be worked out. As of
November, 1992, State Law allows local governments to provide a
tax exemption to historic properties for improvements that are
made. In order to qualify, that property has to be listed on the
National Register, on a local register or has to be a
contributing property in an historic district. The process they
are proposing will be similar to the existing Certificate of
Appropriateness process. The applicant submits a plan on a
qualified property showing the improvements they intend to make.
They would then be reviewed by the Historic Preservation Board
and a decision made as to whether or not they are consistent with
the City's guidelines for historic structures. If approved, they
would authorize the applicant to proceed with the improvements.
Upon completion of the improvements they would be reviewed by the
board and a determination made that it was consistent with what
was proposed. They would then make a recommendation to the
Commission to provide for a tax exemption for any increase in
assessed value that resulted from those improvements only. It
would exempt only ad valorem taxes and the time frame would be
for a period of up to ten years.
Dr. Alperin stated that he is generally in favor of anything
that would be helpful to historic preservation in the community.
However, he questioned if the amount of savings is sufficient to
stimulate an applicant to make improvements or would that be a
deterrent because of a lack of a tax benefit such as this. He
also asked if all this money is truly coming from the CRA.
Mayor Lynch responded that only two of the districts are in
the CRA; the remaining two are in the City, so both would be
affected.
Mayor Lynch commented that he feels it should be reviewed by
the CRA because, in some cases, they are giving people money to
do certain improvements and part of the incentive is to get tax
increment financing, which is now being taken away. He feels the
difference between an owner-occupied property and someone who
intends to use it as a business project needs to be evaluated.
The City Manager stated that each instance has to be
individually approved; it is not automatic. He also advised that
the first draft excluded the CRA and the point was raised that
that did not appear appropriate because most of the City's older
structures are in the CRA. Secondly, there is a lot of
investment that does not involve CRA money at all, and that
should be rewarded. He does, however, feel that there is a valid
question regarding commercial properties because there are
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federal tax incentives for restoring commercial historic
properties.
Ms. Dominguez questioned if properties could be exempted
that are already under another incentive program. Pat Cayce,
Historic Preservation Planner, responded that they could;
however, those commercial properties that qualify must be listed
on the National Register.
Chris Brown, Executive Director of CRA, stated they would
like to have an opportunity to look at this. He also suggested
that the City contact the City's bond counsel and ask if there is
any implication on impairment of the CRA bonds, because they have
pledged all their future tax increments.
The City Attorney agreed with the recommendation by Mr.
Brown.
Mayor Lynch stated, as he understands it, direction is to
meet with the CRA Board, talk it over with the bond counsel and
then come back to the Commission. The Commission concurred.
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MEMORANDUM
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TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t~
SUBJECT: AGENDA ITEM # S p / I - SP~CIAL/WORKSHOP - APRIL 5, 1994
CONDITIONAL USE R~1L~$'I'¡':PAI.JfllIuª~bÇH COLJ~'I'¥$CHOOL~ITE~~
DATE: APRIL 1, 1994
This is before the Commission to consider a Conditional Use request to
establish a Palm Beach County Elementary School at School Site 91-1
(S-2) on a parcel of land zoned CF (Community Facilities). The
property is a portion of Blood's Grove which was annexed into the City
on March 22, 1994. The property is approximately ten acres located
east of Military Trail, south of Fire Station tts, on the west boundary
of Foxé Chase subdivision.
The school will accommodate 970 students, from 16ndergarten through the
fifth grades, and is anticipated to be open for school year 95/96.
The Planning and Zoning Board held a public hearing on March 28, 1994.
There was no testimony in opposition to -the proposal, and there were
four members of the public who spoke in support of the conditional use.
Recommend approval of the Conditional Use request to establish a Palm
Beach County elementary school at School 8i te 91-- I (S-2) on a ten acre
parcel of land zoned Community Facilities (CF) .
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
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THRU: DIANE DOMINGUEZ, DIRECTOR
DEPARTMENT OF PLANNING AND ONING
FROM: COSTELLO
SUBJECT: SPECIAL MEETING OF APRIL 5, 1994
CONSIDERATION OF A CONDITIONAL USE REQUEST TO
ESTABLISH AN ELEMENTARY SCHOOL [PALM BEACH COUNTY
SCHOOL SITE 91-I (S-2) ] EAST OF MILITARY TRAIL, SOUTH
OF LINTON BOULEVARD.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a Conditional Use request to establish Palm
Beach County Elementary School Site 91-I (S-2) on a parcel
of land zoned CF (Community Facilities).
The subject property is located east of Military Trail,
south of Fire Station #5 (south of Linton Boulevard), on
the west boundary of the Foxe Chase subdivision, containing
approximately 10.00 acres.
BACKGROUND:
The development proposal is to establish an elementary school
with a capacity of 970 students. The school will serve students
from Kindergarten - 5th grades and is anticipated to be open for
school year 95/96. The site, which is a portion of Blood's
Grove, was annexed into the City on March 22, 1994 with a zoning
designation of CF (Community Facilities). Additional background
and an analysis of the request is found in the attached Planning
and Zoning Board Staff Report.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of March 28, 1994, the Planning and Zoning Board
held a public hearing in conjunction with review of the request.
Four (4) members of the public spoke in support of the proposed
school. There was no testimony in opposition to the proposal.
After reviewing the staff report, the Board voted 6-0 (FeIner
absent) to recommend that the Conditional Use request be
approved.
City Commission Documentation
Special Meeting of April 5, 1994
Palm Beach County Elementary School Site 91-I (S-2) -
Conditional Use Approval
Page 2
RECOMMENDED ACTION:
By motion, approve the Conditional Use request to establish Palm
Beach County Elementary School Site 91-I (S-2) subject to the
findings and conditions as recommended by the Planning and
Zoning Board.
Attachment:
* P&Z Board Staff Report and Documentation of March 28, 1994
'PLANNING ANL, ZONING SOAR[,
CITY OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE: March 28, 1994
AGENDA ITEM: II.A.
ITEM: Conditional Use Request for School Site S-2
GENERAL DATA:
ATLA TIC
Owner................... .Norman W. Blood D
Applicant ...............Palm Beach county School I
Board
Agent....................Robert Barcinski, Assistant City
Manager
City of Delray Beach
Location.................East of Military Trail, south of
Fire Station No. 5 (located on
Linton Boulevard), and along the
we.t boundary of the Foxe Cha.e
Subdivi.ion.
Property Size............l0.00 Acres
City Land Use
De.ignation..............Community Facilitie.
City Zoning..............CF (community Facilitie.) I
Adjacent zoning...North: City CF and County AR (Agricultural ----J
Residential)
Ea.t: County RT (Re.idential Tran.itional)
South: County AR
West: County AR L I T'
Exi.ting Land U.e........Orange grove
Propo.ed Land U.e........Blementary School with a capacity
of 970 student. serving grade.
Kindergarten - 5.
Water Service............To be provided via a 8" connection
to a propo.ed 12" water main
extending south from Germantown
Road.
Sewer Service............To be provided via installation of
a 8" gravity sewer lIIðin westward
to a proposed lIIð.ter lift .tation
to the north of the site.
LIV.
n.A.
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I T E M B E FOR E THE BOA R D :
The action before the Board is that of making a
recommendation to the City Commission on a request for
Conditional Use and sketch plan approval for Palm
Beach County Elementary School Site 91-1 (S-2),
pursuant to Section 2.4.5(E).
The subject property is located east of Military
Trail, south of Fire Station #5 (located on Linton
Boulevard) , on the west boundary of the Foxe Chase
subdivision, containing approximately 10.00 acres.
B A C K G R 0 U N D :
With the adoption of the Comprehensive Plan in November, 1989, a
need was identified for an elementary school site and a
municipal park in the far southwest portion of the City. In the
ensuing years there have been discussions and negotiations among
the City, the School District, and ·indi vidual property owners
relative to the siting of the elementary school.
In June, 1993, the School District entered into a purchase
contract with the owner of Blood's Grove for a ten acre site
which would accommodate what is known as Elementary School Site
91-1 (fka S-2) . A contingency in that contract requires the
City to purchase additional, adjacent property for use as a
municipal park. An approximately six acre area has been
identified for such a purpose.
Upon execution of the contract with the School District and upon
the approximate identification of a potential park site, the
owners of Blood's Grove authorized the City of Delray Beach to
initiate and process an annexation petition and the applicable
land use applications to accommodate the contingency provisions
of their contract with the School District.
At its meeting of June 14, 1993, the Planning and Zoning Board
held a public hearing regarding the Future Land Use Map
amendment from Low Density Residential to Community Facilities
(Comprehensive Plan Amendment 93-2) and the annexation with
initial zoning of CF (Community Facilities) for the the
elementary school. At that meeting, there was opposition to the
amendment from the Foxe Chase development, east of and adjacent
to the proposed school site. Their concerns related mostly to
compatibility, depreciation of property values, and traffic
problems. After lengthy discussions, the Board recommended
denial of the FLUM amendment and annexation, with the caveat
that the siting of an elementary school in the immediate area is
appropriate and desirable. The Board's action was directed at
the specific siting proposal which appeared before them.
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P & Z Board Staff Report
Palm Beach County Elementary School 91-I (S-2) - Conditional Use
Page 2
The City Commission held a public hearing regarding the Land Use
Plan Amendment for the School Site S-2 (Comprehensive Plan
Amendment 93-2) at its meeting of June 22, 1993. After lengthy
discussion and hearing public comment both for and against the
FLUM amendment for the school, the Commission forwarded the
amendment to Community Facilities to the state Department of
Community Affairs (DCA) for review, and directed the City
Administration continue to process the conditional use and
sketch plan petition.
At its meeting of of December 14, 1993, the City Commission
adopted Comprehensive Plan Amendment 93-2, thus amending the
Future Land Use Map for the school site to Community Facilities.
On March 22, 1994, the City Commission approved on second
reading, the annexation with initial zoning of CF for Palm Beach
County School Site 91-I (S-2). The conditional use and sketch
plan are now before the Board for action.
PRO J E C T DES C RIP T ION :
The development proposal is to establish a Public Education
Facility (Elementary School) known as Palm Beach County School
Site 91-I (S-2) with a capacity of 970 students. The school
will serve students from Kindergarten - 5th grades and is
anticipated to be open during school year 95/96. The project
involves the following improvements:
* Construction of a 109,000 sq. ft. elementary school with 2
floors (The school will be situated on the southwest
portion of the site.);
* Construction of a 45-space teacher parking lot on the south
side of the school; a parent drop-off and 23-space visitor
parking area on the west side of the building; and, a bus
drop-off with stacking lanes and a 73-space parking area on
the north side of the building;
* Installation of a playground area east of the school along
with a designated area for future portable classrooms; and,
* Installation of associated landscaping and refuse areas.
CON D I T ION A L USE A N A L Y S I S .
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CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.)
Pursuant to Section 3.1.1 of the Land Development
Regulations, 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, the staff report, or
minutes. Findings shall be made by the body which has the
authority to approve or deny the development application.
These findings relate to the following four areas.
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P & Z Board Staff Report
Palm Beach County Elementary School 9l-I (S-2) - Conditional Use
Page 3
FUTURE LAND USE MAP The use or structures must be allowed in
the zone district and the zoning district
must be consistent with the land use designation).
The subject property has a Land Use Map designation of Community
Facilities, which is applied to current and future school sites,
and a CF (Community Facilities) zoning designation. The CF zone
district is deemed consistent with any land use designation.
Within the CF zone district, educational facilities, such as an
elementary school, are allowed as a Conditional Use [ref. LDR
Section 4.4.21(D)(4)]. Based upon the above, it is appropriate
to make a positive findings with respect to consistency with the
Future Land Use Map.
CONCURRENCY Facilities which are provided by, or through, the
City shall be provided to new development
concurrent with issuance of a Certificate- of Occupancy. These
facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Water: A 12" water main exists along the south side of
Germantown Road and services Fire Station is. The main will
be extended southward to, and through, the school site. The
school will have an 8" main connection to the 12" main. Also,
it may be necessary to loop the main south into the Del- Aire
subdivision to provide adequate pressures andlor system
integrity.
The water system obligations and areas of responsibility are
outlined in an Interlocal Agreement of March 4, 1992, as amended
May 25, 1993, between the City of De1ray Beach and the Palm
Beach County School Board. The Agreement states the School
Board will be responsible for providing funding for the
installation of a water main from Germantown Road to the
elementary school. The City will be responsible for the design
and improvements necessary to provide water system integrity
(looping of water mains, etc. ) and for oversizing of such
facilities over and above sizes required for an elementary
school.
Sewer: The nearest sewer main is also located at Fire Station
is. This sewer main extends north from the fire station,
through the Spanish Wells Subdivision, and to Lift Station 58A.
The sewer system obligations and areas of responsibility with
respect to serving the elementary school are outlined in an
Interlocal Agreement of March 4, 1992, as amended May 25, 1993,
between the City of Delray Beach and the Palm Beach County
School Board. In order to properly provide sewer service for
the entire undeveloped area, a new (master) lift station will be
constructed which will accommodate not only the school but all
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P & Z Board Staff Report
Palm Beach County Elementary School 91-I (S-2) - Conditional Use
Page 4
future development on the balance of Blood's Grove and adjacent
properties. The property for the lift station is to be located
west of the school site and will be provided as a part of the
park site purchase agreement. Pursuant to the Agreement, the
Palm Beach School Board will install a 8" gravity sewer main
from the school site to the master lift station. The agreement
stipulates that lift station upgrading in the area will be the
responsibility of the City.
Drainage: In order to accommodate drainage, the purchase
contract states that an off-site retention area is to be
provided by the seller ( Blood's Grove). This retention area is
to be located immediately south of the school site. This
arrangement will easily satisfy the accommodation of drainage
needs.
Streets and Traffic: A traffic study was submitted which
demonstrated that the level of service as it relates to traffic
will not be exceeded and thus complies with Palm Beach County's
Traffic Performance Ordinance.
As part of the development proposal for the subject property,
Germantown Road will be realigned to accommodate a standard
T-intersection at Linton Boulevard (see sketch exhibit). This
realignment will eliminate substandard conditions and will
provide safer accessibility to Blood's Grove.
Pursuant to the Interlocal Agreement the School Board will
provide funding for the installation of two lanes of street
pavement (standard section with adjacent walkway/bikeway) from
Germantown Road to the school entrance. The City will
participate in the reconstruction and realignment of the public
street system beyond that necessary to access the school
including such items as additional width, turn lanes, traffic
signal modifications, and intersection improvements on Linton
Boulevard.
Parks and Open Space: Park dedication requirements do not apply
to schools. The School Board and the City have agreed that the
a portion of the school property and the proposed municipal park
to the north will be utilized as shared recreational facilities
i.e. ballfields, multi-purpose field, etc. Thus, the proposed
use will not create a demand for additional park facilities, but
rather, it will provide land for meeting current and future
demands.
Solid Waste: The trash generated by the elementary school will
not be significant with respect to this level of service
standard.
CONSISTENCY Compliance with performance standards set forth
in Chapter 3 and required findings in Section
2.4.5(E)(5) for the Conditional Use request 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.
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P & Z Board Staff Report
Palm Beach County Elementary School 91-1 (S-2) - Conditional Use
Page 5
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following was found:
Land Use Element Policy D-3.6 - The City and School District
shall work toward constructing and placing in operation, a new
elementary school in the area south of Linton Boulevard and east
of Military Trail.
Consummation of this Conditional Use request pursuant to
the terms of the purchase agreement will result in
fulfillment of this policy directive.
Land Use Element Policy D-2.1 - The City shall make improvements
to sidewalks and pathways under its jurisdiction which, without
such improvement, would require the School Board to transport
students that would not be transported if such improvement were
made. This policy shall be applied to new development to ensure
that such pathways are so provided.
The neighborhood area is deficient in sidewalks along
Germantown Road. To meet this deficiency, the City will
install a sidewalk, on the south side of Germantown Road
from the E-4 Canal to Fire Station #5 and along its
realignment to the school site access road (City to provide
funding) . This obligation is contained within the
Agreement between the City and the School Board. Further,
a walkwaylbikeway will be installed along the access road
from Germantown Road to the school site (School Board to
provide funding).
Conservation Element Policy B-2.2 - Whenever and wherever
significant or sensitive flora or fauna communities are
identified pursuant to Policy B-2.1 (re: Biological Survey) ,
they shall be preserved as if they were environmentally
sensitive areas as identified in Objective B-1, which calls for
preservation, in part, through sensitive site planning.
There is a well established upland community (wooded area)
at the northeast corner of the site which continues
northwestward onto the municipal park site. The building
has been located on the southwest portion of the site in
order to preserve as many trees as possible. The northeast
corner of the school site is to be used jointly by the
School Board and the City as a passive recreation area. A
majority of the existing trees in that area will remain in
their current locations and will not be removed. It is
anticipated that the placement of the access road and bus
loop/parking areas at the north central portion of the site
will result in the relocation and elimination of some
trees. However, with the overall efforts, consistency with
this policy will be obtained.
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P & Z Board Staff Report
Palm Beach County Elementary School 91-1 (S-2) - Conditional Use
Page 6
Conservation Element Policy B-2.5 - Whenever new development or
redevelopment is proposed along a waterway, a canal, an
environmentally sensitive area, or an area identified via Policy
B-2.1, an area equivalent to at least 10' of the total area of
the development shall be set aside in an undisturbed state or
25' of native communities shall be retained pursuant to TCRPC
10.2.2.
As previously noted, a majority of the trees will be
preserved in their existing state. This will result in
retaining at least 25% of the native community, thus the
objectives and policies of the Conservation Element will be
fulfilled.
Land Use Element Objective A-1 - Vacant property shall be
developed in manner so that the future use and intensity is
appropriate and complies in terms of soil, topographic, and
other applicable physical considerations, is complimentary to
adjacent land uses, and fulfills remaining-land use needs.
A. Physical Considerations - The physical conditions as
they relate to this site have been discussed under
Conservation Element Policies B-2.2 and B-2.5. These
policies have been fulfilled.
B. Complimentary with Adiacent Uses - With extensive
buffering proposed along the east property line
adjacent to the existing residences (Foxe Chase), and
the school situated on the west side of the site (away
from the residences), the proposed school should be
complimentary to the existing residential uses (Foxe
Chase) as well as any future residences in the
immediate area.
C. Fulfills Remaininq Land Use Needs - The proposed
elementary school will help fulfill remaining land use
needs by addressing Land Use Element Policy D-3.6
which calls for locating an elementary school in the
area south of Linton Boulevard and east of Military
Trail.
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(S) (Findings), in addition to
provisions of Chapter 3, the City Commission must make findings
that establishing the conditional use will not:
A. Have a significantly detrimental effect upon the
stability of the neighborhood within which it will be
located;
B. Nor that it will hinder development or redevelopment
of nearby properties.
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P & Z Board Staft Report
Palm Beach County Elementary School 91-1 (S-2) - Conditional Use
Page 7
The subject property is bordered on the north by the County AR
(Agricultural Residential) and City CF zone district; on the
east by the County RT (Residential Transitional) zone district;
and, on the west and south by the County AR zone district.
The following are the land uses adjacent to the subject
property: north of the property is Blood's Grove packing house,
Fire Station #5, and the proposed Municipal Park (presently
orange grove and vegetated land) ; south and west are orange
groves; and, east is the Foxe Chase subdivision.
By definition, school uses are deemed compatible with
residential land uses. However, in order to address concerns of
the Foxe Chase development a berm is proposed along portions of
,the east property line with landscaping to be installed which
will exceed that required by Code. The proposed building will
be situated on the west end of the school property (away from
Foxe Chase) with the recreational facilities (i.e. basketball
courts, playground) on the east side of the building. The
majority of the activity in the recreational areas will occur
during school hours. The School Board has indicated that the
recreation areas will not be equipped with field lighting for
evening activities.
With the installation of landscaping to exceed Code requirements
and the siting of the school building on the west end of the
school site, the elementary school should not have an adverse
effect on the adjacent neighborhood nor will it hinder
development or redevelopmént of nearby properties.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS
If the Conditional Use is approved, a site/landscape plan
submittal complying with the Land Development Regulations will
be provided. Along with the Conditional Use request, a sketch
plan has been submitted. Upon staff review, the following
analysis is provided.
Parking
The elementary school will be provided with 141 parking
spaces which complies with the parking requirements of LDR
Section 4.6.9(C)(6)(e) as they relate to Educational
Facilities.
Building Setbacks
Pursuant to Section 4.3.4(K) (Development Matrix) , within
the CF zone district a 10 ft. building setback shall be
provided on all sides (front, rear, side) . The proposed
structure will be set back 130 ft. from the west property
line (front), 195 ft. from the east property line (rear),
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P & Z Board Staft Report
Palm Beach County Elementary School 91-1 (S-2) - Conditional Use
Page 8
175 ft. from the north property line (side) and 40 ft. from
the south property line (side). These distances exceed the
building setback requirements for the CF zone district.
The future portable classrooms shown on the sketch plan
will also comply with the building setback requirements.
Building Height
Pursuant to Section 4.3.4(K) (Development Matrix) , the
maximum building height allowed within the CF zone district
is 48 ft. The proposed structure will have a maximum
height of 35 ft. (2 floors), thus compliance with the
requirement has been met.
Perimeter and Interior Landscape Requirements
Compliance with the landscape requirements of LDR Section
4.6.16 will be achieved throughout the site. Landscaping
in excess of that required by Code (I-tree every 25 ft. and
a hedge) will be provided along the east property line
adjacent to Foxe Chase.
o THE R I T EMS .
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Joint Use of Parking Lot
As previously stated, the school and the municipal park are
being designed as a joint use facility. There will be some
parking provided on the north end of the park adjacent to the
softball field, where it will be not as impacting on the
existing trees. However, this will not be sufficient parking to
serve the park needs. Therefore, in order to preserve as much
open space and trees as possible on the park site, the City and
School Board will enter into a cross parking agreement, whereas,
the school parking facilities (north parking lot) will be
jointly used for the school, as well as, the park activities.
The specifics of the agreement will be worked out between the
two parties.
Plattinq
The subject property is a recently created lot which is
unplatted with a metes and bounds legal description. With the
creation of a new lot, the property is required to be platted.
Thus, a plat will need to be processed.
REV I E W B Y o THE R S .
.
The proposed elementary school is not located within a
geographical area requiring review by the Community
Redevelopment Agency or the Downtown Development Authority.
P & Z Board Staff Report
Palm Beach County Elementary School 91-I (S-2) - Conditional Use
Page 9
Site Plan Review and Appearance Board:
Pursuant to State law, schools are not required to obtain
development approval as they are an essential public service.
However, as this is a joint project between the School Board and
the City, there has been cooperation in complying with the
City's development regulations. The City will be requesting a
courtesy review of the final site/landscaping plan.
Courtesy Notice:
Courtesy notices have been provided to the following homeowner's
associations and citizen's groups:
* Erminio P. Giuliano (Foxe Chase)
* Helen Coopersmith (PROD)
* Arthur Jackel (United Property Owners)
* Dan Pase (Boca Delray Association)
* Country Lake Association
* Crosswinds Master Association
* Crosswinds
* Joy Binkowitz (Crosswinds Single Family)
* Dorothy Alport (Southwinds of Crosswinds)
* Eastwinds of Crosswinds
* Maxwell White (Del-Aire Homeowner's Association)
* Gretchen Bacon (Oakmont Associates)
* Joseph Maschella (Shadywoods Homeowner's Association)
* Spanish Wells Condominium Association
* George Conley (Pines of Delray)
* Andover Homeowner's Association (Haag Management)
Public Notice:
Formal public notice has been provided to property owners within
a 500 ft. radius of the subject property. Letters of objection,
if any, will be presented at the Planning and Zoning Board
meeting.
ASS E SSM E N T AND CON C L U S ION S .
.
The proposed use is consistent with the policies of the
Comprehensive Plan and Chapter 3 of the Land Development
Regulations. Approval of the Conditional Use request will
enable the City to fulfill Land Use Element Policy D-3.6 which
calls for a new elementary school in the area south of Linton
Boulevard and east of Military Trail. The City and School Board
are both participating in the development of the school.
Compatibility with respect to the existing residences to the
east will be obtained through the provision of perimeter
landscaping in excess of that required by Code. The school will
be an asset to the City and will be complementary to the
existing and future developments in the immediate area as well
as the City as a whole.
.
P & Z Board Staff Report
Palm Beach County Elementary School 91-I (S-2) - Conditional Use
Page 10
A L T ERN A T I V E ACT ION S .
.
1. Continue with direction.
2. Recommend approval of the request for Conditional Use and
sketch plan approval for Palm Beach County Elementary
School Site 91-I (S-2) based upon positive findings with
respect to Chapter 3 (Performance Standards) of the Land
Development Regulations and the policies of the
Comprehensive Plan subject to conditions.
3. Recommend denial of the Conditional Use and sketch plan
approval for Palm Beach County Elementary School Site 91-I
(S-2) based upon a failure to make positive findings with
respect to Section 2.4.5(E)(5) (Compatibility) and Chapter
3, Section 3.1.1(C) (Consistency) of the proposed use with
adjacent land uses.
R E COM MEN D E D ACT ION :
Recommend approval of the request for Conditional Use
Modification and sketch plan approval for Palm Beach County
Elementary School Site 91-I (S-2) based upon positive findings
with respect to Chapter 3 (Performance Standards) of the Land
Development Regulations and the policies of the Comprehensive
Plan subject to the following conditions:
A. That perimeter landscaping in excess of that required by
Code (minimum 1 tree every 25' and a hedge) be installed
along the east property line adjacent to the Foxe Chase
subdivision.
B. That a plat be processed pursuant to Chapter 5 of the Land
Development Regulations.
Staff Report prepared by: Jeff Costello, Planner
Attachments: Location Map
Sketch Plan
Master Development Plan
JC/Y'SCHOOLS~.DOC
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MEMORANDUM
___..______n___._____..... .
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~,1
AGENDA ITEM # S :¡ ~ -. SPECIAL/WORKSHOP - APRIL 5, 1994
SUBJECT:
APPEAL OF HISTQRIJ~_PB~~~RYbTIONI30A_RD Q~ÇISION/SLOAN HAMMOCK
RENTAL COMPLEX
DATE: APRIL 1, 1994
This is before the Commission to consider an appeal of the Historic
Preservation Board's denial of building elevations for the Sloan
Hammock rental complex, 106-114 SE 7th Avenue.
The proposal is to renovate an historic single family residence and a
triplex structure along with the construction of another single family
residence and an enclosed garage. The renovation plans call for a
second floor addition with a central cupolA and a widow's walk to the
existing one-story c.b.s. triplex.
The Historic Preservation Board denied the elevations, so the
applicant submitted two alternative options to the original proposal:
( 1 ) to retain t.he widow's walk and cupola which were lowered 2.5 feet,
and ( 2 ) to eliminate the widow's \.¡ a 1 k and cupola, but retain the
building height of 35 feet.
The Historic Preservation Board approved the COA and the building
elevations for Option #2 subj ect. to cert.ain conditions; ( 1 ) that the
second story of the east and west dwelling uni t:s be lowered from 8.0
feet to 7.5 feet, (2 ) that the center uni·t be lowered from a total
height of 35.0 feet to 32.5 feet, and ( 3 ) that the cupola be removed.
However, the applicant was not supportive of the recommended
alterations, and appeals the decision to the City Commission.
Recommend the Commission's discretion with n~sper;t to t.he alternative
actions:
A. Reverse the BPB's decision and grant approval to the Hammock House
building elevations (Option #2) based upon positive findings with
LDR Section 4.5.1(E), Historic Preservation Development Standards.
B. Uphold the HPB's decision and deny the Hammock House building
elevations (Option #2) based upon a failure to make a positive
finding with Section 4.5.1(E), Historic Preservation Development
Standards.
.
{t(
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: D~M~'~TOR
DEPARTMENT OF PLANNI AND ZONING
FROM:
SUBJECT: SPECIAL MEETING OF APRIL 5, 1994
APPEAL OF AN HISTORIC PRESERVATION BOARD DENIAL OF THE
HAMMOCK HOUSE BUILDING ELEVATIONS ASSOCIATED WITH THE
SLOAN HAMMOCK RENTAL COMPLEX (106-114 S.E. 7TH
AVENUE) .
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
reversal of a specific action taken by the Historic
Preservation Board regarding the Hammock House building
elevations associated with the Sloan Hammock Rental
Complex.
The elevations are associated with a 2nd floor addition
to an existing one-story c.b.s. triplex (referred to as the
Hammock House) which is located on the south side of the
property (see attached site plan). The subject property is
located on the west side of S.E. 7th Avenue, between S. E .
1st Street and S.E. 2nd Street, within the Marina Historic
District.
BACKGROUND:
The development proposal is to renovate an historic single
family residence and a triplex structure along with the
construction of a single family residence and an enclosed
garage. The site plan was before the City Commission at its
meeting of October 26, 1993. At that time the focus of the
review was the existing back-out parking onto S.E. 7th Avenue.
The Commission approved the Sloan Hammock site plan with the
back-out parking remaining in its current location.
.
City Commission Documentation
Special Meeting of April 5, 1994
Review of HPB Action re: Sloan Hammock Building Elevations
Page 2
HISTORIC PRESERVATION BOARD CONSIDERATION:
At its meeting of October 6, 1993, the Historic Preservation
Board reviewed the Certificate of Appropriateness (i.e site
plan, landscape plan & design elements) for the Hammock House
Rental Complex. The plans called for a 2nd floor addition with
a central cupola and widow's walk to an existing one-story
c.b.s. triplex. The Board approved the COA subject to the
condition that the applicant implement some method of reducing
the scale and massing of the roof. Further, the Board suggested
that the center unit's roof be lowered and that the widow's walk
and cupola be removed.
On February 16, 1994, the Board held a worksession to discuss
the design elements of the project, which included the Hammock
House elevations. The revised plans submitted for the meeting
did not substantially reduce the scale and massing of the roof.
At that meeting, the Board again requested that the applicant
lower the center section of the roof or remove the cupola.
On February 22, 1994, the applicant submitted two (2 ) options
for the Hammock House elevations: 1) Option #1 retained the
widow's walk and cupola, which were lowered 2.5 ft. in height;
2) Option #2 eliminated the widow's walk and cupola but retained
the building height of 35 ft. Staff had recommended to the
Board approval of either option. At its meeting of March 16,
1994, the Board reviewed the Hammock House elevations. With
respect to Option #1, the motion to approve died as there was a
lack of a second. With respect to Option #2, the elevations
were denied by a tie vote 3-3 (Vaughn absent). The Board also
discussed lowering the the roof line and eliminating the cupola.
After further discussion, the Board approved 5-1 (Jamison
dissenting) the building elevations with the following
conditions: that the second story of the east and west (side)
dwelling units be lowered from 8 ft. to 7.5 ft. and that the
center unit be lowered from a total height of 35 ft. to 32.5
ft. , and that the cupola be removed. However, the applicant was
not supportive of the recommended alterations to the structure.
Subsequent to the Historic Preservation Board's denial of the
Hammock House elevations as submitted by the applicant, the
applicant appealed the decision to the City Commission (letter
attached) .
ALTERNATIVE ACTIONS:
A. Reverse the Historic Preservation Board's decision and
grant approval to the Hammock House building elevations
Option #2 based upon positive findings with LDR Section
4.5.1(E) (Historic Preservation Development Standards).
B. Uphold the Historic Preservation Board's decision and deny
the Hammock House building elevations Option #2 based upon
a failure to make a positive finding with Section 4.5.1(E)
(Historic Preservation Development Standards).
.
.
City Commission Documentation
Special Meeting of April 5, 1994
Review of HPB Action re: Sloan Hammock Building Elevations
Page 3
RECOMMENDED ACTION:
By motion, the Commission's discretion.
Attachment:
* Reduction of Site Plan
* Hammock House Elevations - Options #1 & #2
* Letter of request
* HPB Staff Report and Documentation of March 16, 1994
.
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Hammock Partners
............................~.......
-- . Pro Þ 8 r t y Man a g 8 m 8 n t & In. 'S'"'t'fJJ.~
I ,~ECttvED
¡ I
; MAR 1 8 "!9 I
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March 17, 1994 í___~/7Y CLERK
City Oerk -~-----J
CITY OF DELRA Y BEACH
100 NW 1st Ave
Delray Beach. FL 33444
RE; Appeal of Historic Preservation Board Decisiœ in cœnection with COA 8-215 for the
"Sloan Hammock Rental Complex" 106-114 SE 7th Ave, Delray Beach, FL.
Dear Sirs:
Pursuant to the Delray Beach LDR's Section 2.4.7 (E) were hereby appeal the Historic
....-- ....._ _ Pr~ervation BO!fd's_~1-.w!QY.Al.2lª~~_" A-»,ÇJ~.P" pf jhe.fJammock House buiJdjp&. . _... _._..
(reŸisë(f2,1õI94). This approval was sought in connection with COA 8-215.
, .
The particulars of this appealPER 2.4.7 (E) include:
1. "Identification of action which is being appealed': Weare appealing the Historic Preservation
Board's disapproval of ElevationS "A,B,C, & D" of the Hammock House building (revised
2120/94).
2. "Identification of who took the action and when it was made": The Dis~al was made by the
Historic Preservation Board at the regular mœthly meeting held March 1 ,1994 at 6PM.
3. "The Basis of the Appear': On October 6, 1993 the "Sloan Hammock" project was reviewed by
the lIPB after many months of discussiœ and work with the City Planning and HistŒic
Preservation Staff. The project was submitted fΠthe approval of certain variances, the Site Plan,
the Landscape Plan. and CO A 8-215.
The Variances, Site Plan, Landscape Plan, and COA 8-215 were all approved at that meeting,
however the COA 8-215 approval was subject to the applicant revising certain design elements for
the lIPB's consideration. One of these design elements was the roof design on the Hammock
House Building. The Board Requested that the design be revised with "some method of reducing
the scale and massing of the roof. The Boards suggestions were to lower the center units roof; (or)
remove the 3rd story by removing the widows walk and cupola."
. A Workshop Meeting was held on 2116194 to review the revised drawings submitted and to obtain
the Boards input and reaction to each design element At this meeting it was implied that the Design
of the Hamock House would be acceptable if the center roof section was lowered or alternately if
the cupola was removed (the railing and widows walk could remain).
Acting in good faith the Applicant su1mitted 2 <¢ons œ 2122/94 for the redesign of the center
roof module of the Hammock House building. Option ##1 lowered the Center Roof, Railing &
Cupola by 2.5', which the applicant believed was the maximum possible without destroying the
aesthetics of the design. Option ##2 maintained the design of the Center Roof and Railing as
previously submitted by entirely removed the Cu~la. These 2 options reflected the applicants best
goodfaith efforts to comply with the wishes oft HPB.
7 8 LARIAT CIRCLE B 0 CAR A TON, FLORIDA 3 3 4 8 7 (4 0 7) 241-5597
.
,
,/' Hammock Partners
?
'f
OIi-
/
.....................................
Property Management & Investment
Appeal of HPB Decision to City Commission ...............Page 2
The City Staff prenared a Staff Report reviewin2 these two ootions and
recommended ~proval of either option as appropriate and acc~ptahle de..c¡iVn
solutions.
The HBP fonnally reviewed the two design options for the Hammock House at their regular
monthly meeting on 3/16194 pursuant to COA 8-215. The HPB voted 3 for and 3 against approval
of Elevations A,B,C, D: Option #1 revised 2I2fJ194. The board refused to vote on Qption #2. but
subsequently. over the oQiections of the applicant. decided to create and ltPPfOVe their own desi~
Specifically, the Board proposed to take Flevations A,B,C, D: Option #1 and remove the cupola.
The net result of this arbitrary and capricious action was to BOTH lower the entire center roof
module AND to remove the cupola, which is contrary to all previous input by the board. This is
__.__...~.Q_çont.!A!Yl2!h~t.Y~j~ommeD4!tiQn._..~ ......... . ___d"~' . '_' ,,_......_~~ .."
, . The Appellant believes very strongly that the design of the Hammock House as presented in
Elevatons A,B,C, D; Option #1 properly addresses the concerns of the HPB in connection with the
massing of the Center Roof Module. The design as submitted substantially maintains the balance
and strength of the original design. The center module must have sufficient visual weight to
counterbalance the end modules or the entire building becomes weak and ineffective. The boards
contention that a 6'x8' cupola adds significantly to the building "Bulk" is also obviously incorrect
as it represents less than 8/1O's of 1 % of the buildings volume.
The Appellant wants to create a to,p notch project which will brin, pride to the
Owners and Marina Historic District nei2hborhood. and we believe the desi~n of
this buildin9 is critical to the architectural inte¡rity of the entire nro;ect.
We have met with neighbors and reviewed the design of the project and have met with nothing but
enthusiastic support for the project. The neighbors directly to the north and sooth of this project
have absolutely no objections to the height, massing, or design of the Hammock House, and in
- fact they love it
4. "The relief being sought": The Appellant strongly requests that the City Commission approve
the ~ign of Hammock House as shown in Elevations A.B,C,D as originally sutmitted (revised
9/2 2). Alternately we would request that Elevations A.B,C,D (revised 2I2fJ194) and as
recommended by the City Staff be approved. We would request that the COA 8-215 approval be
amended to reflect the City CommiSSIOns decision.
5."The name of the Appellant and the appellant's interest in the matter": The Appellant is Dan
Sloan, authorized agent for Hammock Partners & Historic Partners, the owners of the property
under consideration.
Please place this apJ>eal on the City Commission agenda As Soon As Possible.
S~~
t··~ 2:;' ø -
Dan sto'
Agent for Hammock Partners & Historic Partners
CC: Mark Krall, Listick & Kralt, P A
Jeff Costello, City of Delray Beach Plannirig Dept.
7 8 LARIAT CIRCL,E BOCA RAT 0 N. FLORIDA 33487 (4 0 7) 241-5597
~ :
~/ , j
;
~
STAFF REPORT
HISTORIC PRESERVATION BOARD MEETING
MARCH 16, 1994
AGENDA ITEM IV-A
COA8-215
SLOAN HAMMOCK RENTAL COMPLEX
106-114 S.E. 7TH AVENUE
MARINA HISTORIC DISTRICT
ITEM BEFORE THE BOARD
The action requested of the Board is that of granting approval
for COA 8-215 for exterior design elements for the Sloan Hammock
Rental Complex.
BACKGROUND
This project came to the Board on October 6, 1993 for Site Plan
approval, Variances, Waivers and COA approval. Please see the
attached findings for the action taken at that meeting. The
Board requested that the applicant return for a workshop session
before formal submission of the revised COA. The workshop
session was held on February 16, 1994. Revised plans based on
the Board's comments at the workshop, were received on February
22, 1994 and are attached to this report.
REVISIONS TO THE DESIGN ELEMENTS
The revised plans are dated February 22, 1994 and are attached.
Additionally, the applicant has submitted the attached letter
which documents the changes made as a result of the workshop
secession.
The revised plans generally conform with the workshop
recommendations. If you feel there are areas of major
discrepancy please make a note of them for discussion at the
meeting.
The Building Department will require plans and elevations which
have been signed and sealed by a registered architect before a
building permit can be issued. Additionally, if the sealed
plans do not conform to the plans approved with this COA the
building permit will not be issued.
.
.I .. ~
/.
I
I
I
,
ALTERNATIVE ACTION
1. Approve COA 8-215 with plans revised on February 22, 1994,
based on positive findings to Section 4.5.1(E), with the
following condition:
That the sealed architectural plans conform to the
i plans approved with COA 8-215
2. Deny COA 8-215 based on a failing to make positive findings
to Section 4.5.1(E)
RECOMMENDED ACTION
1. Approve COA 8-215 with plans revised on February 22, 1994,
based on positive findings to Section 4.5.1(E), with the
following condition:
That the sealed architectural plans conform to the plans
approved with COA 8-215
.
,
[ITY OF OELRAY BEA[H
K,,' 100 ~J '-'i 1,: ';'¡'::',UE . ûELRAY BEACH, rLORIDA 33444 . 407:243-7000
.J ~'1
....
AI n.rk:aCfty
March 23, 1994 ' III I!
1993
Mr. Dan Sloan
Florida Home Construction
78 Lariat Circle
Boca Raton, FL 33487
Re: Appeal of Historic Preservation Board Decision/COA 8-215: Sloan
Hammock Rental Complex, 106-114 S.E. 7th Avenue, Delray Beach
Dear Mr. Sloan:
This will acknowledge receipt of your letter of appeal concerning
the action taken by the Historic Preservation Board on the above
referenced matter at the meeting of March 16, 1994. Pursuant to
Section 2.4.7 of the Land Development Regulations, the appeal was
timely filed with the City Clerk's office on March 18, 1994.
Please be advised that the appeal will be scheduled for
consideration by the City Commission at a special meeting to be held
on Tuesday, April 5, 1994. The meeting will begin at 6:00 p.m. and
will be held in the Commission Chambers at City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida.
You may wish to check with this office prior to the April 5th
meeting to determine the item's standing on the agenda. Should you
have any questions, please do not hesitate to contact me at
407/243-7050.
Sincerely,
~~!~~~y
City Clerk
AMH/m
cc: Mark L. Krall, Esq.
Diane Dominguez, Planning Director
Jeff Costello, Planner
Anita Barba, Executive Assistant
Sharon Morgan, Executive Assistant
~ .c,.o., . ..'j¡J,,<, THE EFFORT ALWAYS MATTERS
. ,
·
LAW OFFICES
LISTICK 8( KRALL. P.A.
616 E. ATLANTIC AVENUE
DELRAY BEACH. FLORIDA 33483
14071276-7424
MICHAEL M. LISTICK 278-6909 (TnEcOPIER)
MARK L. KRALL -
0,. COUNSEL
MICHAEL S. STEINER
March 22, 1994
Mr. David Harden
City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL. 33444
RE: Sloan Hammock
Dear David:
I represent the Sloan Hammock Partnership. On March 16, 1994,
the Historic Preservation Board granted final approval of the Sloan
Hammock Project. As part of said approval, the board deleted the
Copula/Widow's Walk from the top of the main structure and lowered
the center roof portion of said structure. This was done on a
separate motion, said motion being a part of six other motions in
connection with the overall approval of the project.
The applicant has requested an appeal to the City commission
of the separate motion which lowered the roof of the main structure
of the project. This motion, in effect, went beyond what was
recommended by staff.
Due to a scheduling conflict, I cannot attend the regular
April 12, 1994, City Commission meeting. I have conferred with
staff and they have informed me they have no objection to
scheduling the matter on the April 5, 1994, special meeting.
I am confident that the presentation of staff and the
applicant will take no more than ten minutes and the City
Commission can then make a decision. Obviously, the applicant
wants to build the project, but would like to try to salvage the
roof of the main structure.
Please place this matter on the April 5 agenda. I will
personally see to it that it does not take up to much of the
Commission's time.
Very truly yours,
~~~
MARK L. KRALL
MLKjmlw
Hammock Partners
............................
__0. 4.. PIa pe t t Y Ms ns g e i1J 6 n t & In
March 17, 1994
City Oerk
CITY OF DELRA Y BEACH
100 NW 1st Ave
Delray Beach, FL 33444
RE; Appeal of Historic Preservation Board Decision in connection with COA 8-215 for the
"Sloan Hammock Rental Complex" 106-114 SE 7th Ave, Delray Beach, FL.
Dear Sirs:
Pursuant to the Delray Beach LDR's Section 2.4.7 (E) were hereby appeal the Historic
-..<1.....- .....~~ UiJ~J~m~f~i:~~~ft~~~~~J¡~.~Üi~Á~~il~~k House buij<li.PK_~..__._..,._..
, \
The particulars of this appealPER 2.4.7 (E) include:
1. "Identification of action which is being appealed": We are appealing the Historic Preservation
Board's disapproval of ElevationS" A,B,C, & D" of the Hammock House building (revised
2/20/94).
2. "Identification of who took the action and when it was made": The Disapproval was made by the
Historic Preservation Board at the regular monthly meeting held March 16, 1994 at 6PM.
3. "The Basis of the Appeal": On October 6, 1993 the "Sloan Hammock" project was reviewed by
the HPB after many months of discussion and work with the City Planning and Historic
Preservation Staff. The project was submitted for the approval of certain variances, the Site Plan,
the Landscape Plan, and COA 8-215.
The Variances, Site Plan, Landscape Plan, and COA 8-215 were all approved at that meeting,
however the COA 8-215 approval was subject to the applicant revising certain design elements for
the IIPB's consideration. One of these design elements was the roof design on the Hammock
House Building. The Board Requested that the design be revised with "some method of reducing
the scale and massing of the roof. The Boards suggestions were to lower the center units roof; (or)
remove the 3rd story by removing the widows walk and cupola."
. A Workshop Meeting was held on 2/16/94 to review the revised drawings submitted and to obtain
the Boards input and reaction to each design element. At this meeting it was implied that the Design
of the Hamock House would be acceptable ü the center roof section was lowered or alternately ü
the cupola was removed (the railing and widows walk could remain).
Acting in good faith the Applicant submitt~ 2 options on 2/22/94 for the redesign of the center
roof module of the Hammock House building. Option #1 lowered the Center Roof, Railing &
Cupola by 2.5', which the applicant believl!d was the maximum possible without destroying the
aesthetics of the design. Option #2 maintained the design of the Center Roof and Railing as
previously submitted by entirely removed the Cupola. These 2 options reflected the applicants best
good faith efforts to comply with the wishes of the HPB.
7 8 LARIAT CIRCLE B 0 C A R A TO N, FLORIDA 3 3 487 (4 0 7) 241-5597
.
. . Hammock Partners
.....................................
Proparty MansQamant & Invastmant
Appeal of HPB Decision to City Commission ...............Page 2
The City Staff or~oared a Staff Reoort reviewinsr these two ootions and
recommended aooroval of eitber option as aoorQoriate and acc~9table desisro
solutions..
The HBP formaUy reviewed the two design options for the Hammock House at their regular
monthly meeting on 3/16194 pursuant to COA 8-215. The HPB voted 3 for and 3 against approval
of Elevations A,B,C, D: Option #1 revised 2120194. The board refused to vote on Optioo #2. but
subseQJ1ently. over the obiections of the IU),plicant. decided to create and IWprove their own desiifi.
Specifically, the Board proposed to take Elevations A,B,C, D: Option #1 and remove the cupola.
The net result of this arbitrary and capricious action was to BOTH lower the enûre center roof
module AND to remove the cupola, which is cootrary to all previous input by the board. This is
__._ __--.~~_~I!JY:Y !2Jþe....Q.ty ~JA{fj rç.cnmment\IPQD...._ ......,.. . .._~.. . ...... .; If. .. ..-.. .. ....
I , The Appellant believes very strongly that the design of the Hammock House as presented in
I . Elevatons A,B,C, D; Option #1 properly addresses the concerns of the HPB in connection with the
massing of the Center Roof Module. The design as submitted substanûally maintain~ the balance
and strength of the original design. The center module must have sufficient visual weight to
counterbalance the end modules or the entire building becœ1es weak and ineffective. The boards
contention lhal a 6'x8' cupola adds significantly {Q lhe building "Bulk" is also obviously ÏMo",ecl
as it represents less than 8/l0's ofl % of the buildings volume.
The Aooellant want~ to create a to? notch proiect which will brinsr nride to the
Owners and Marina Historic District nei~bborhood. and we believe tbe des'Vn of
this buildinsr is critical to tbe architeetural intellritv of tbe entire oroieet.
We have met with neighbors and reviewed the design of the project and have met with nothing but
enthusiastic support for the project The neighbors directly to the north and south of this project
have absolutely no objections to the height. massing. or design of the HJtmmnr.k House, and in
. ~. _.. _~act they love iL
.. 4. "The relief being sought': The Appellant strongly requests that the City C.nmmi~~ion approve
th~ign of Hammock House as shown in Elevations A,B,C,D as originally sutmitted (revised
9. 2). Alternately we would request that Elevations A,B,C,D (revised 2(1JJ194) and as
r~ended by the City Staff be approved. We would request that the COA 8-215 approval be
amended to reflect the City CommiulODS decision.
S. "The name of the Appellant and the appellant's interest in the matter": The Appellant is Dan
. Sloan, authorized agent for }{ammtr.k PartDerS & Historic Partners, the owners of the property
.
- under consideration.
Please place this ~peal on the City Commisston a~enda As Soon As Possible.
Ì:~dt.ø - .
Dan S10 I
Agent for Hammock Partners & Historic Partoers
CC: Mark Krall, Listick & Krall. P A -I . ':
.u.
Jeff Cœtello. City of Dekay Beach PIanni11j DePL . .,,~., ~
,
..- - .
7 8 LARIAT CIRCL,E B 0 C A RAT 0 N, FLORIDA 33487 (4 0 7) 241-5597
.
,,"... ."'-'..
,
l~~f:) CkA-L",
j
; LAW OFFICES
LISTICK Be KRALL, P.A. RECf/VEU
616 E. ATLANTIC AVENUE
DELRAY BEACH. FLORIDA 33483 NAR 2 2 1994
(4071 276-7424
MICHAEL M. LISTICK CITY MAN . 278-690~ECOPIER)
MARK L. KRALL 'Ar;FR~\: OFF' O. COUNSEL
.. ICt MICHAEL S. STEINER
March 22, 1994
Mr. David Harden
City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL. 33444
RE: Sloan Hammock
Dear David:
I represent the Sloan Hammock Partnership. On March 16, 1994,
the Historic Preservation Board granted final approval of the Sloan
Hammock Project. As part of said approval, the board deleted the
Copula/Widow's Walk from the top of the main structure and lowered
the center roof portion of said structure. This was done on a
separate motion, said motion being a part of six other motions in
connection with the overall approval of the project.
The applicant has requested an appeal to the City commission
of the separate motion which lowered the roof of the main structure
of the project. This motion, in effect, went beyond what was
recommended by staff.
Due to a scheduling conflict, I cannot attend the regular
April 12, 1994, City Commission meeting. I have conferred with
staff and they have informed me they have no objection to
scheduling the matter on the April 5, 1994, special meeting.
I am confident that the presentation of staff and the
applicant will take no more than ten minutes and the City
commission can then make a decision. Obviously, the applicant
wants to build the project, but would like to try to salvage the
roof of the main structure.
Please place this matter on the April 5 agenda. I will
personally see to it that it does not take up to much of the
Commission's time.
Very truly yours,
~~~
MARK L. KRALL
MLK/mlw
..
,
,
f>1EMORANDUM
_..____._~. ·..··"..0 ..____....._..".......__
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER oJv(
SUBJECT: AGENDA ITEM : : : S ej:2 - SPEC I Afd_WQR.IZ?HOP - ArJUL 5L 1994
FINAL ~LAT /HANCOÇK_$1JJH2JYIßJ QN
DATE: APRIL 1, 1994
This item is before the Commission to consider approval of the final
plat for the Hancock Subdivision, A proposed two lot subdivision
located at 622 North Ocean Boulevard.
The subject property currently exists as one parcel, running from
Andrews Avenue on its west boundary eastward to the Erosion Control
Line. It is intersected by state Road AlA and the applicant is
proposing to separate the east parcel into a separate buildable lot.
A request has been submitted by the applicant~ to designate the existing
single family structure on the western parcel as an historic landmark.
However, if the eastern lot is not crea·ted the applicants have stated
they will withdraw their request~ for historic designation on the
western lot.
This proposed subdivision requires Commission approval in that the
beachside lot does not meet the minimum zoning designation requirements
for the R-1AAA zone; therefore, the Commission must declare that it is
necessary and appropriate to create sllch 8 non conforming lot if the
subdivision is to be approved.
There are also certain considerations from 8.n ecological and environ-
mental standpoint, especially ",i th respect 1.0 the existence of a dune.
Please refer to the attached staff repori: f 01 an analysis of the
situation and alternative courses of action
,
C I T Y COM MIS S ION DOC U MEN TAT ION
TO:
THRU:
ZONING
FROM:
SUBJECT: MEETING OF APRIL 5, 1994
HANCOCK SUBDIVISION FINAL PLAT **REGULAR AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the final plat for the Hancock Subdivision.
The subject property is located at 622 N. Ocean Boulevard
(State Road AlA).
This final plat is being processed pursuant to LDR Section
2.4.5(K), Minor Subdivisions.
B A C K G R 0 U N D:
In September, 1993, the City received a request to replat
property located at 622 N. Ocean Boulevard. The plat proposes
to create 2 separate parcels from 1 parcel which currently
contains 1 single family structure. Currently, the subject
property runs from Andrews Avenue on its western boundary east
to the Erosion Control Line.
As a separate request, the applicant has also asked that the
single family structure on the western portion of the property
be designated as historic. On November 3, 1993 the Historic
Preservation Board approved the nomination of the western
property as historic. The first reading of Ordinance 82-93 for
historic designation on the western property was approved by the
City Commission on December 7, 1993. If the subdivision plat is
approved, the second reading of the ordinance will be scheduled
for Commission consideration.
City Commission Documentàtion
Hancock Subdivision
Page 2
The subdivision requires formal City Commission review prior to
approval. Pursuant to LDR Section 4.3.1(D), lots shall meet the
minimum requirements established unless the City Commission
declares at the time of approval of an associated development
application that it is necessary and appropriate to create such
a nonconformity. As Lot 2 will be nonconforming in certain
respects, the above section applies. The City Commission may
also impose mitigating conditions at the time such a plat is
approved. Please see the following analysis.
P L A T A N A L Y S I S:
The western parcel has an existing use of a single family
structure. The eastern parcel is currently vacant. Both
parcels have an existing land use designation of Low Density
Residential (0-5 DU/Acre) and an existing zoning of R-lAAA. The
land use designation and the zoning are consistent with the
City's Comprehensive Plan. Creation of an additional lot will not
have an impact on level of service standards (concurrency).
The following matrix indicates the requirements of the R-lAAA
zoning district and the dimensions that are being proposed with
the Hancock Subdivision.
Hancock Subdivision
R-1AAA Lot 1 Lot 2
Lot Size (sq. ft. ) 12,500 33,974 10,502
Lot Width (ft.) 100 100 100
Lot Depth (ft.) 110 339.74 105.02
Lot Frontage ( ft . ) 100 100 100
Pursuant to Florida Statutes 161.191, all lands eastward of the
Erosion Control Line (ECL) are vested in the State of Florida,
while all upland area is still considered private property.
I n other words, the Erosion Control Line serves as the site's
eastern property line. Based upon the above, Lot 2 will contain
10,502 sq. ft. whereas 12,500 sq. ft. is required, and has an
average depth of 105.02 ft. whereas 110 ft. is required. With
regard to the dimensioned lot area and depth, the applicant
argues that prior to creation of the Erosion Control Line there
was sufficient land area to meet codes.
In a similar situation, the subdivision to the south (Lot 1 of
Ocean Apple Estates) was created in 1989 with certain
nonconformities. Variances were obtained from the Historic
Preservation Board with respect to minimum lot size and side
yard setbacks. Also, the size of the structure to be built on
that lot was limited to 2,400 sq. ft. (Note: since that time,
the LDRs were changed to provide that a non-conforming lot may
be created by action of the City Commission.)
,
City Commission Documentátion
Hancock Subdivision
Page 3
While Lot 2 will not have any setback problems, the City
Commission may want to impose a condition concerning the
allowable floor area of any structure on Lot 2 of the Hancock
Subdivision prior to approval. Based on setback requirements,
a building envelope of 3,600 sq. ft. (ground area) can be
accommodated. It may be appropriate to limit the size of the
building envelope to provide for increased distance between this
home and the adjacent structures.
COMPLIANCE WITH COASTAL PROTECTION ORDINANCE
With respect to ecologic and environmental consideration,
pursuant to the Coastal Protection Ordinance when a dune exists,
a special permit must be received from the Chief Building
Official. To receive the special permit, the applicant must
demonstrate with adequate engineering data that the proposed
project will not adversely impact the stability of the dune.
A topographic survey of Lot 2 has been reviewed by the Chief
Building Official, City Horticulturist, and the Planning
Department's Project Coordinator. The applicant has also
notified the City that environmental mitigation will be done at
the time of permitting to improve the stability of the existing
beach dune area. As this mitigation is yet to occur, it is
appropriate to condition the plat approval on the provision of a
mitigation plan of Lot 2, at the time of permitting.
PLANNING AND ZONING BOARD CONSIDERATION:
The Hancock Subdivision is considered a minor subdivision, thus
Planning and Zoning review is not required.
HISTORIC PRESERVATION BOARD CONSIDERATION:
As previously stated, in conjunction with the subdivision
request, the applicant also requested that the single family
structure on Lot 1 be designated as historic. The Historic
Preservation Board formally held a public hearing on this item
on November 3, 1993 and by a vote of 6-0 recommended that the
City Commission approve the site as historic.
NOTIFICATIONS OF OBJECTION:
The Planning and zoning Department has received a petition
containing approximately 50 signatures of objection to the
proposed Hancock Subdivision. The items cited in the petition
include: negative impacts upon light, ocean views, and property
values; opposition to granting a special privilege
(consideration); and ecologic and environmental consideration.
Also, a letter of objection was received f rom the attorney of
the property owner just north of the proposed plat. A copy of
the petition and letter is attached.
,
City Commission Docùmentàtion
Hancock Subdivision
Page 4
ALTERNATIVE ACTIONS:
A. Make a finding that it is necessary and appropriate to
create a non-conforming lot (Lot 2) based upon the original lot
area and previous approvals granted to similarly situated
property in the area; and
1. Approve the plat for the Hancock Subdivision as
submitted.
2. Approve the Hancock Subdivision, subject to the
following conditions:
a. That any structure built on Lot 2 not exceed
2,500 sq. ft. of gross floor area per floor, with
a maximum of two (2) stories.
b. Submission of a mitigation plan for Lot 2 at the
time of permitting, with a requirement that the
mitigation must be completed prior to the
issuance of a Certificate of Occupancy.
B. Deny the Hancock Subdivision based upon a determination
that a non-conforming lot would be created/and it has not
been demonstrated that it is necessary and appropriate to
accommodate the request.
R E COM MEN D E D ACT ION:
Commission's Discretion.
Attachment:
* Applicant's Request Letter, Reduced Plat, Floor Area
Exhibit, & Letters of Objection
orIHNCOCXCC.DOC
,
,407-276-5803 LAW OFFICES 952 P02 APR 01' '34 12:00
LAW OFFICE OF
ROGER Go SABElRSON9 lPoAo
70 S.E. 4th Avenue Telephona: (407) 272·8616
Defray Beach, FL 33483
April I, 1994
Mayor Lynch and City Commissioners
City of Del ray Beach
100 N.W. 1st Avenue
Delray Beach, Fl 33444
Re: Proposed Plat of Hancock Subdivision (two lots)
622 N. Ocean Boulevard - Request for approval
with nonconfonning Jot east of A-I-A (as to lot depth and area)
Dear Mayor Lynch and Members of the City Commission:
This letter replaces my letter to you November 4, 1993, Please be advised that I represent
Nancy Clay Hancock and Waddell W. Hancock, the owners of the above referenced property,
Their property on its south line abuts the north line of the Wilson property which the City
Commission has previously designated as contairùng a 1ûstoric structure (a "Fontaine Fox" home).
Likewise. our property has located upon it a house designed by the same architect, John V olk.
Also. the house on our property was utilized as a home by Fontaine Fox, The statfhas indicated
that they believe the home on our property qualifies for registration on the National Register,
Like the Wilson property, our lot area east of A-I-A does not meet the current miIÚmum
lot depth and lot area requirements. In connection with the Wilson historic designation their
property east of A-I-A received variances and a home is being constructed on this property. The
lots east of A-I-A (including our lot) as originally platted had more than enough land area to meet
the RIAAA requirements. however, because of the subsequent adoption of the Erosion Control
Line the lot sizes were reduced.
Therefore, we are requesting that the City Conunission approve the Hancock Subdivision
plat with the lot east of A-I-A in the configuration shown on the plat so that it may be used as a
separate single family residential lot. In our opizúon, the Jot east of A-I-A qualifies as an existing
nonconfomûng lot of record for which no approval is required in order to be used as a separate
single family residentia1lot. However, the Planning Staff feels that City Commission approval is
required and that the City Comoùssion has the authority to grant such approval pursuant to the
provision in the Land Development Regulations which allows the Commission to approve a plat
with a nonconforming lot if the Commission determines that it is necessary and appropriate to do
so,
,
407-276-5803 LAW OFFICES '352 P03 APR 01.' '34 12:DD
Mayor Lynch and City Commissioners
City ofDelray Beach
April 1, 1994
Page 2
East of A-I-A there are homes constructed on the lots abutting our property to the south
and to the north. The subject property is the only vacant lot remaining in this area,
On behalf of the property owners we would like to thank you for your consideration of
this matter and if I can provide you any further information please do not hesitate to contact me.
Sincerely yours,
f( !j/í¡JLJA~
Roger G. Saberson
RGS/dl
cc: Mr. Jim Friess
.
LAW OFFICE OF ~;;;
ROGER Go SABIERSON, P.A.~~
70 S,E. 4th Avenue November 4, 1993 Telephone: (407) 272.ß616
Defray Beach, FL 33483
Mayor Lynch and City Commissioners
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Fl. 33444
Re: Proposed Plat of Hancock Subdivision (two lots)-request for variances
Historic Designation 822 N. Ocean Blvd.
Dear Mayor Lynch and Members of the City Commission:
Please be advIsed that I represent Nancy Clay Hancock anå Waddeil W. Hancock, the owners
of the above referenced property. Their property on Its south line abuts the north line of the Wilson
property which the City Commission has previously designated as containing a historic structure (a
-Fontaine Fox" home). Ukewlse, our property has located upon It a house designed by the same
architect, John Volk. Also, the house on our property was utilized as a home by Fontaine Fox. The
staff has Indicated that they believe the home on our property qualifies for registration on the
National Register.
Uke the Wilson property, our lot area east of A-1-A does not meet the minimum lot depth and
lot area requirements. In connection with the Wilson historic designation their property east of A-1-A
received variances and a home Is being constructed on this property. The lots east of A 1 A as
originally platted had more than enough land area to meet the RIAAA requirements, however,
because of the subsequent adoption of the Erosion Control Une the lot sizes were reduced.
Therefore, we are requesting that the City Commission In connection with and
simultaneously with the plat approval, (prior to historic designation) exercise Its authority to approve
the lot east of A-1-A In the configuration shown on the plat (copy attached) so that It may be used
as a separate single family residential lot. This would require the Commission to grant lot area and
lot dimension variances. We have submitted the revised historic nomination and designation
request (which Is Incorporated herein by reference) for the lot west of A1A contingent upon such
variances being granted.
East of A 1 A there are homes constructed on the lots abutting our property to the south and
to the nortn. TI1e sUbject property Is the only vacant 101 remaining In this area.
On behalf of the property owners we would like to thank you for your consideration of this
matter and If I can provide you any further Information please don't hesitate to contact me.
Sln~erely yours,
/1,,1'5 <I f(rt.-:-
VI 1,_" . ____
-/ .v
Roger G. Saberson
RGS/dl
cc. Mr. Jim Friess ~~rcffi' IT\:J~1T))
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NOV 3 1993
PLANNING & ZONIf\!G
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. MICHAEL S. WEINER & ASSOCIATES, P.A.
A TTORNEYS AT LAW
The Clark House
102 NOf1h Swinton Aven~_
Delray Beach, Rorida 33444
MICHAEL S. WEINER South Palm Beach County: (407) 265-2666
CAROLE ARONSON North Palm Beach County: (407) 736-5888
Broward County: (305) 462~935
OF COUNSEL: ~tŒn'IË@'
PErER J. MURRAV
DEe 1 'I 1993
December 17, 1993 PLANNING &ZONI~;:
.... --
HAND DELIVERY
Mr. David Kovacs
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
RE: Nomination for Historical Site Designation; Request for Plat;
Request for Variance; 622 N. Ocean Blvd., Delray Beach, FL
Our File No.: CUSP(186)002
Dear David:
Enclosed are the oriqinal petitions signed by residents of Delray
Beach, Florida with respect to the above captioned matters. Please
be advised as follows.
On or about August 26, 1993, Clay Hancock and Wadell W. Hancock
made application for a plat and request for variances before the
Planning and Zoning Department for the City of Delray Beach,
Florida. In addition, on or about June 22, 1993, Roger Sabers on,
Esquire, on behalf of the applicants requested a designation of
historic site before the Historic Preservation Board.
As has been pointed out by Commissioner Jay Alperin, these requests
and applications have been linked. The enclosed petitions
demonstrate that, among other things, the difficulties caused by
these requests outweigh any benefit. In any event, the Historic
Preservation Board has its own power to nominate properties for
designation without the requirement of any "linking". Please see
Section 2.2.6(D) (2) of the Land Development Regulations of the City
of Delray Beach, Florida.
We request that the petitions and this letter be made a part of the
record with respect to all three requests and applications.
,
.
~
Mr. David Kovacs
December 17, 1993
Page 2
Enclosed is a copy of this letter. Would you please sign it as a
receipt of the original petitions. Thank you in advance for your
cooperation.
. .~.
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lilt ¡ I l :tA/\'VA
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MSW/dme
Enclosures
cc. Mr. eson .
Rsceived. \ 1.1iJ~ ,7.{(QR3
~~
1 'I3~
·
PETITION
The residents of the City of Delray Beach, Florida, do hereby
petition the City Commission of the City of Delray Beach, Florida,
to deny the granting of any variance or similar action that would
allow the construction of additional residential structures east of
State Road AlA. Our Petition is well founded in that it is based
upon the following:
1. Light and ocean views are important to the value of all
property owners in the area and to the general public. The image
of Delray as the "Village by the Sea" demands the preservation of
light and ocean views.
2. Development is appropriate but over-development is a
disaster. The granting of special privileges so that individuals
may financially benefit results in a poorly planned City.
3. Ecological and environmental principles should be
respected by our elected officials. The importance of native
vegetation, dune lines and the protection of sea turtles should
out-weigh any private request for additional construction.
PROPERTY OWNER: ADDRESS:
I.L/o &ud-~¿ f}A,
¿}.J r"'1 !LAd. .g :J t/ ¥ 3
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~ J%a...<d ${)t'A(,J.- 3. '3 '181
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TXIrn..~ (=\..1",) FL '3~4;?3
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"þ~ í3oA{L l-P '334ß3
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MIKE ffE.rL~ 'I ?z'-l 4~c:lv~<;' Ave..
, 3~~ 2ï~ - Y 3- '7<io
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W/Vn 19Dj ~~ (L..-e. \
'V
,
,
PETITION
The residents of the City of Delray Beach, Florida, do hereby
petition the City commission of the City of Delray Beach, Florida,
to deny the granting of any variance or similar action that would
allow the construction of additional residential structures east of
State Road AlA. Our Petition is well founded in that it is based
upon the following:
1. Light and ocean views are important to the value of all
property owners in the area and to the general public. The image
of Delray as the "Village by the Sea" demands the preservation of
light and ocean views.
2. Development is appropriate but over-development is a
disaster. The granting of special privileges so that individuals
may financially benefit results in a poorly planned City.
3. Ecological and environmental principles should be
respected by our elected officials. The importance of native
vegetation, dune lines and the protection of sea turtles should
out-weigh any private request for additional construction.
PROPERTY OWNER: ADDRESS:
-~ ;¡~' 7¿Jd- Il/e P-rÆtl¡i-<:-
90 ( ./W P Æ.tJ-0I5¡}J¡ .p. ¿þ
~c--r 6dr. 3~0:(...:~
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.
PETITION
The residents of the City of Delray Beach, Florida, do hereby
petition the City commission of the City of Delray Beach, Florida,
to deny the granting of any variance or similar action that would
allow the construction of additional residential structures east of
State Road AlA. Our Petition is well founded in that it is based
upon the following:
1. Light and ocean views are important to the value of all
property owners in the area and to the general public. The image
of Delray as the "Village by the Sea" demands the preservation of
light and ocean views.
2. Development is appropriate but over-development is a
disaster. The granting of special privileges so that individuals
may financially benefit results in a poorly planned City.
3. Ecological and environmental principles should be
respected by our elected officials. The importance of native
vegetation, dune lines and the protection of sea turtles should
out-weigh any private request for additional construction.
PROPERTY OWNER: ADDRESS:
1!tô~ "&!ët; ?~B~
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Lf/:2 III (){JJ~_
ýfCf JJ,Ó~
,
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V7 J/ 1iWt t~ tk-£
l)~ 'Z /J~ '- I~ó h\.d~&~,
,
PETITION
The residents of the City of Delray Beach, Florida, do hereby
petition the City Commission of the City of Delray Beach, Florida,
to deny the granting of any variance or similar action that would
allow the construction of additional residential structures east of
State Road AlA. Our Petition is well founded in that it is based
upon the following:
1. Light and ocean views are important to the value of all
property owners in the area and to the general public. The image
of Delray as the "Village by the Sea" demands the preservation of
light and ocean views.
2. Development is appropriate but over-development is a
disaster. The granting of special privileges so that individuals
may financially benefit results in a poorly planned City.
3. Ecological and environmental principles should be
respected by our elected officials. The importance of native
vegetation, dune lines and the protection of sea turtles should
out-weigh any private request for additional construction.
PROPERTY OWNER: ADDRESS:
\loLf N .Q ÁJ~ (\ ''1 ~ (JA.(.,~
11'- 44 ~4'~ ~~~~/ ..---.
J:l, I ~
e /'to A/,~. fl-.!ï.IJe. j)R~/y,,-
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tAc-v1.t~ S ~ (
,
,
PETITION
The residents of the City of Delray Beach, Florida, do hereby
petition the City Commission of the City of Delray Beach, Florida,
to deny the granting of any variance or similar action that would
allow the construction of additional residential structures east of
State Road AlA. Our Petition is well founded in that it is based
upon the following:
1. Light and ocean views are important to the value of all
property owners in the area and to the general public. The image
of Delray as the "Village by the Sea" demands the preservation of
light and ocean views.
2. Development is appropriate but over-development is a
disaster. The granting of special privileges so that individuals
may financially benefit results in a poorly planned City.
3. Ecological and environmental principles should be
respected by our elected officials. The importance of native
vegetation, dune lines and the protection of sea turtles should
--- out-weigh any private request for additional construction.
PROPERTY OWNER: ADDRESS:
~'-~~ .1.7(. ·".1'8~-
faL~
íG~ C~~Q<--- ù.=- .)}1..·9f195
~~~L .$7ðLÞ I"~s
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,
PETITION
The residents of the City of Delray Beach, Florida, do hereby
petition the City Commission of the City of Delray Beach, Florida,
to deny the granting of any variance or similar action that would
allow the construction of additional residential structures east of
State Road AlA. Our Petition is well founded in that it is based
upon the following:
1. Light and ocean views are important to the value of all
property owners in the area and to the general public. The image
of Delray as the "Village by the Sea" demands the preservation of
light and ocean views.
2. Development is appropriate but over-development is a
disaster. The granting of special privileges so that individuals
may financially benefit results in a poorly planned City.
3. Ecological and environmental principles should be
respected by our elected officials. The importance of native
vegetation, dune lines and the protection of sea turtles should
out-weigh any private request for additional construction.
~~
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,
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1/18/94 c: City Manager ~ "It.c., . I
Susan Ruby ~ - 1_.
SACHS & SAX, P.A. ~ t-.~.. C'OO--
ROBERT B. BURR David Kovacs ATTORNEYS AT LAW ~~TE "150 - NORTHERN TRUST PLAtbt -
STEVEN L. DANIELS ~ 301 YA....ATO ROAD
WILLIA.... A. F"RAGETTA ~" ~ BOCA RATON, F"LORIOA 33"31
ALSO ADMITTED IN NEW JE".CY ~ _:~
LARRY Z. GLICKMAN .~-
RONALD oJ. KLEIN ~~ ~o.,"" r... ....AILING AOORe:..
ALSO AO..ITTI:O IN OHIO ~ P.O. 80X 810037
PETER S. SACHS ,~ "Cð ~~ATOYLOAIDA 334181-0037
ALSO AOM.TT£O IN HEW YORK ~ ,,0'- -
SPENCER .... SAX ~..... ~ ~ TELE.PkONE (407) 994-_99
- .::...\:> T£LECOPIEA (407) 994-4985
OF" COUNSEL ~,,-
...ICHELE K. CU......INGS ~~, ECEiV EO
.0AltO Cl:ftTl"EO . ~. R I
MA...IT..... AND "AM'LV LAW 1iV '
;-
...ARIA R. SACHS
ALSO AD..ITTI:Q IN CAL'''OANIA January 13, 19 9 ~/ JAN 1 8 \994
RAB:m1d
MICSION
Mr. Thomas Lynch, Mayor CITY COM ;:)
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: 622 North Ocean Blvd./Petition to
Add Property to Local Register of Historic Places
Our File Number: 1070.05
Dear Mr. Lynch:
Our firm represents Mr. & Mrs. Jack Eichelberger, owners of
the property located directly north of the above-referenced
property. I have been asked to contact you in order to register my
clients' objection to the Petition, but only to the extent that the
Petition requires as a quid pro quo, that the property lying east
of AlA be given a variance of the lot size and lot depth
requirements to permit the property east of AlA to be a separate
buildable lot in its present configuration. Presently, the lot is
classified as too small to be a buildable lot.
My clients have no objection to the Fontaine Fox house being
designated as an historic property. The house is probably well
deserving of such designation, and would, hopefully, be an
attribute to the neighborhood. My clients' objections, with regard
to the property east of AlA, are several fold.
First, my client feels very strongly that the petitioner is
abusing the system by requesting the variance on the east side
property as an absolute condition to going forward with their
Petition on the west side of AlA. If you were to review the
Designation Report, you would find that unless the variance is
simultaneously approved by the City, the petitioner would withdraw
their Petition for the historic site designation of the Fontaine
Fox house. This is not the process by which property owners should
be seeking a variance on their oceanside property, nor is it the
method by which historically significant properties should be added
to the list of historic homes.
My clients second objection lies with the fact that the
configuration of the east side property has been designated by the
,
,
;,'
MR. THOMAS LYNCH
January 13, 1994
Page 2
Ci ty as being too small for the construction of a residential
improvement. There are physical reasons for such designation and
to grant a variance to override those reasons, not only poses a
danger to the current and future property owners of the lot, but
would defeat the purposes and policies of the City Building and
Zoning Departments and other departments which have created these
lot requirements.
Finally, I would like to bring to your attention the situation
with regard to the property just south of the subject property
wherein a variance was given to build a residential property, and
then approximately one year later, a second variance request was
submitted to increase the size of the construction on the property.
That petition was defeated, and I would like to think it was
defeated because of my client's objection and other objections by
neighbors, and that without those objections, a larger house which
would have been in direct conflict of the original intent of the
City, would have been constructed. This is not necessarily to say
that the owners of the subject property would undergo the same
tactic, however, the possibility exists, and the best way to
prevent that abuse from taking place in the future, is to deny the
variance requests at its inception.
I hope you will take these objections into serious
consideration in making your decision regarding the request.
Very truly yours,
SACHS &
D
SLD:ch
cc: Mr. & Mrs. Jack Eichelberger
.
SACHS 3. SAX. P. A.
SUITE "'150.301 VAMATO ROAD. P.O. BOx 810037 . BOCA RATON. F"L. 33481-0037. TELEPHONE (.07) 99..·...99 . TEL£COPIER (407) 994·4ge~
.
·
)1emo CITY DF DELRAY BEAC~ t3
TO: City Clerk DATE: 3/18/94
FROM: David T. Harden
SUBJ: {fJ
PLEASE TAKE CARE OF THIS. THANKS.
'~
FOR
DATE
FROM
FIRM LP~)I- . )Ó
PHONE :¿?~-tf&/h µ(pl~
D FAX AREA CODE NUMBER EXTEN ION
D MOBILE
AREA CODE NUMBER TIME TO CALL
TELEPHONED
RETURNED YOUR CALL
CAM E TOSES YOU
WANTS TO SEE YOU
WAITING TO SEE YOU HOLDING LINE
~p ~
MESSAGE ,
CITY DF DELAAY BEA[H
,'" f ..1 ¡ #
1 . .. '^,~ '.I :':,'; '..'1 ,CO O."\;LJE . D=L~AY BEACH. FLORIDA 33444 . 407'243-7000
,-+ ~ ~p; ,-",¡;',
.......
.--'CIy
, III r!
1993
March 18, 1994
Roger G. Saberson, Esq.
70 S.E. 4th Avenue
Delray Beach, FL 33483
Re: Hancock Subdivision
Dear Roger:
This is to acknowledge receipt of your March 17, 1994, letter to the
City Manager concerning the scheduling of the Hancock Subdivision
for City Commission consideration. Confirming our telephone
conversation earlier today, the matter will be placed on the April
5, 1994, Commission agenda as a special meeting item prior to the
regularly scheduled workshop session.
The meeting will begin at 6:00 p.m. As a rule, Commission workshop
meetings (and special meetings held in conjunction with them) are
held in the First Floor Conference Room at City Hall. Depending on
the number and type of issues to be considered, however, the
meetings are sometimes moved to the Commission Chambers. Please
check with this office prior to the April 5th meeting to verify the
location.
If you have any questions, please do not hesitate to contact me.
Sincerely,
~~!!;':f5:"!a;:iy
City Clerk
AMH/m
cc: David T. Harden, City Manager
Susan A. Ruby, City Attorney
Diane Dominguez, Planning Director
® ?"'-è'S"c\>-c7P¡çe THE EFFORT ALWAYS MATTERS
.6-5803 LRW OFFICES 827 F'C12 tYJAP 17'94 12: :11
LAW OFFICE OF
, ROGIER GQ SABlEJRSON9 PQAo
70 S.E. 4th Avenue Telephone: (407) 272-8616
Delray Beach, FL 33483
March 17,1994
Mr. Dave Harden
City Manager \
100 N.W. Ist Ave,
Delray Beach, Fl. 33444
Re: Scheduling Hancock Subdivision for Commission
Meeting of April 5, 1994
VIA F ACSIMlLE
Dear Dave;
This will confinn our phone conversation yesterday regarding the scheduling of the above
item. A$ I explained we are unable to have the item on the agenda March 22, 1994.
We would be available for the Commission meeting of March 31, however, I understand
from our discussion that since this is an organizational meeting that the COJIunission feels that it is
inappropriate to schedule other items at that time.
The next available meeting is April 5, 1994. My client would appreciate the Commission
acting on the application as soon as possible and therefore taking up the application on AprilS,
1994 as a special meeting item. Also, we have recently received an offer to purchase the lot
east of AlA (subject to City approval) and the prospective Buyer is anxious to have the matter
considered by the City as soon as possible.
Thank you for your cooperation in regard to this matter. Please let me know of the
scheduling at your earliest convenience.
??~~
Roger G. Saberson
.
[ITV DF DELIAY BEA[H
I ~'KK
~:"~ c~' , 1 GO '\, /J_ i~t ,~\' Ei\¡UE . cJt; c.nA Y BEACH. FLORIDA 33444 . 4071243-7000
.....
......CIty
" III!
1993
March 18, 1994
Michael Weiner, Esq.
102 North Swinton Avenue
Delray Beach, FL 33444
Re: Hancock Subdivision
Dear Mr. Weiner:
As requested, this is to provide notice of the scheduling for the
Hancock Subdivision plat. The item will be considered by the
City Commission at a special meeting on April 5, 1994, prior to
the regularly scheduled workshop session.
The meeting will begin at 6:00 p.m. As a rule, Commission
workshop meetings (and special meetings held in conjunction with
them) are held in the First Floor Conference Room at City Hall.
Depending on the number and type of issues to be considered,
however, the meetings are sometimes moved to the Commission
Chambers. Please check with this office prior to the April 5th
meeting to verify the location.
If you have any questions, please do not hesitate to contact me.
Sincerely,
~ f!k~ 1Ird¡-
Alison MacGregor Harty
City Clerk
AMH/m
cc: Susan A. Ruby, City Attorney
Diane Dominguez, Planning Director
® P-~-ea c-·~ Aecyc'ed Paoer THE EFFORT ALWAYS MATTERS
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 1 ; ~_ ...~, : \ "'. L . .o''' '-- : : ~..: . If' ---
.. \{ ~ -, '-.;-:
Writer's Direct Line
(407) 243-7091
March 10, 1994
Michael Weiner, Esq.
102 North Swinton Avenue
Delray Beach, FL 33444
Subject: Hancock Subdivision
Dear Michael:
Thank you for your March 7 , 1994 letter. Contrary to the
statements in your memorandum of that date, it is my
understanding and recollection that the Mayor specifically
asked the attorney for the applicant whether the plat is being
withdrawn or postponed and the applicant's attorney indicated
his desire was to postpone the plat. It is my understanding
that a letter has been sent to the applicant by the City
Clerk's office confirming the postponement and requesting that
the applicant inform the City Clerk when they want to put the
plat befõr~ the City Commission for consideration.
By copy of this memorandum to Diane Dominguez, Principle
Planner and Alison MacGregor Harty, City Clerk~ I am requesting
that you receive notice regarding the scheduling of the piat
consideration before the City Commission.
Sincerely,
OFFICE OF_~HE CITY ATTORNEY -',
CITY (~F-r)ELRAY BEACH, F;2jRIQ~/)_;
BY: ~'></ZL,}ê~V)~- /1 . ~"-~/
Sus-ah A. Ruby, Esq'" ;
City Attorney !!
¡
SAR:ci --
cc Diane Dominguez, Principle Planner
Alison MacGregor Harty, City Clerk
weiner~sar
£ITY DF DELRAY BEA£H
'~!ry :LEP:< 'cc ',. ,\' . ·":"\/~·~j.JE . >: _'=;':'.,' 3EACM. ~LJRIDA 33444 . 407 :43· 7::JOG
....
AI"'"
'1111,
1993 ORIGINAL BY REGULAR MAIL/
February 25, 1994 COPY VIA FACSIMILE
Roger G. Saberson, Esq.
70 S.E. 4th Avenue
Delray Beach, FL 33483
Re: Hancock Subdivision
Dear Roger:
I've received a copy of your February 22,1994, letter to Mr.
Harden advising that Item 9.C. (Hancock Subdivision) on the
February 22nd Commission agenda should be removed from
consideration at the applicant's request. As you know, the item
was postponed although a date certain was not set.
Please let me know when you would like the item rescheduled. The
City Commission will hold two regular meetings in March; one on
March 8th and the other on March 22nd. Agendas are established
on the Monday of the week preceding the meeting date. Therefore,
if you want the item scheduled for the March 8th meeting, I will
need written confirmation on Monday, February 28, 1994. The
deadline for March 22nd would be Monday, March 14, 1994.
Please advise how-. you wish to proceed. Thank you for your
cooperation.
Sincerely,
~
Alison MacGregor Harty
City Clerk
AMH/m
cc: Diane Dominguez, Principal Planner
~ T~ë E ;::¡::()RT A L.':-> is MATTERS
407-276-5803 LAW OFFICES 597 P02 FEE 22' '34 1 7: 1
~
- .;)/;1.3 /V"/ fl.J
LAW OFFICE OF 0;~ }~7
ROGER Go SABlElRSON9 P~Ao
70 S.E. 4th Avenue I
Delray Beach, FL 33483
February 22, 1994
Mr. David Harden
City Manager
100 NW 1st Avenue
Delray Beach, FI. 33444
VIA FACSIMILE
Re: Regular Agenda Item 9C
Hancock Subdivision
Dear David:
This will confirm my telephone conversation today with your office wherein
I advised that the above referenced Item should be removed from tonight's
agenda, at the applicant's request.
Thank you for your cooperation in regard to this matter.
Sln7?/hurs,
Roger G. Saberson
RGS/dl
enclosure
·-I_'ì ~ it
..¿ -
·10 . ßL!5[ìM
1~(\ " Se ( I~t'~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER {7v~
SUBJECT: AGENDA ITEM #. C - MEETING OF FEBRUARY 22, 1994
FINAL PLAT/HANCOCK SUBDIVISION
DATE: FEBRUARY 18, 1994
This item is before the Commission to consider approval of the final
plat for the Hancock Subdivision, a proposed two lot subdivision
located at 622 North Ocean Boulevard.
The subject property currently exists as one parcel, running from
Andrews Avenue on its west boundary eastward to the Erosion Control
Line. It is intersected by State Road AlA and the applicant is
proposing to separate the east parcel into a separate buildable lot.
A request has been submitted by the applicant to designate the
existing single family structure on the western parcel as an historic
landmark. However I if the eastern lot is not created the applicants
have stated they will withdraw their request for historic designation
on the western lot.
This proposed subdivision requires Commission approval in that the
beachside lot does not meet the minimum zoning designation require-
ments for the R-1AAA zone; therefore, the Commission must declare
that it is necessary and appropriate to create such a non-conforming
lot if the subdivision is to be approved.
There are also certain considerations from an ecological and environ-
mental standpoint, especially with respect to the existance of a
dune,
Please refer to the attached staff report for an analysis of the
situation and rceemm6~à alternative courses of action.
~ {¡c¡'éflDA
tftD rn . / oÝ 1h~ -r
~ ern 0 w ~ Rff{;vÞ I RPP" cAn
0/ postpof)
.
. ~
[IT' DF DELIA' BEA[H
('~T'\I CLERK 100 ·\,IV "~ A'/E:,'JUE · DELRAY BEACH, FLORIDA 33444 . 407/243-7000
'\-,d" ~ ~ ~ '
....
AI .....CIty
, III I!
1993
C E R T I F I CAT ION
I, ALISON MacGREGOR HARTY, City Clerk of the City of
Delray Beach, Florida, do hereby certify that the attached is a
true and correct copy of a portion of the Official Zoning Map of
the City of Delray Beach, Florida, as the same was in effect
during the months of April and May, 1978; specifically, showing a
zoning classification of R-1AAA Single Family Dwelling District
for Palm Beach Shore Acres subdivision.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
22nd day of February, 1994.
(j ¡J~ Y1À~,)¡1~ lIo!1¥-
Alison MacGrego Harty ,
City Clerk
City of Delray Beach, Florida
SEA L
® ;o-.-._"q~,'.,-e¡jPKw THE EFFORT ALWAYS MATTERS
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£ITY DF DELAAY BEA[H
.~,-.".,. f }~E~K 1(1.": \¡ ',;,.¡' - ","'JE'·¡UE . üELRA v BEACH. ¡:LORIDA 33444 . 407243-7000
,j ~ ;
....
AI AllIllcaClly
, III t!
1993
C E R T I F I CAT ION
I, ALISON MacGREGOR HARTY, City Clerk of the City of
Delray Beach, Florida, do hereby certify that the attached is a
true and correct copy of Sec. 29-5, "R-lAAA, R-lAAA-B, R-lAA,
R-lAA-B, R-1A Single Family Dwelling Districts", setting forth
the zoning district regulations for the R-1AAA zone pursuant to
the Zoning Code of the City of Delray Beach, Florida, as was in
effect during the months of April and May, 1978.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
22nd day of February, 1994.
Qt Í1tm'{J!{- ÑÁ if¡, !la/*-
Alison McGregor arty
City Clerk
City of Delray Beach, Florida
SEA L
®F'- .~ ,-;'~-,. ~ "eo ~.1ç.l:}r THE EFFORT ALWAYS MATTERS
,
.
Sec. 29-5 R -1l\lIA . R-IMA-ß. R-JM. R-IM-ß, R-IA
SINGLE FAMILY DWELLING DISTRICTS
(A) PURPOSE
The single family zoning districts are intended to provide areas
where the traditional single family residence can thrive at low
population densities, and protected from the more intensive
activities of adjacent land use.
(B) PERMITTED USES
(1) single family dwellings and their customary accessory
uses, including, bird aviaries, boat docks, dog houses
and dog runs, garages, greenhouses, guest cottages,
playhouses, pool houses and covers, pump houses, slat
houses, storage sheds, swimming pools, tennis courts, tool
sheds, workshops, and similar recreational facilities
(2) Home occupations are allowed in the R-LA and R-lAA
zoning districts, subject to Sec. 29-17(L).
(C) CONDITIONAL USES
As prescribed in Sec. 29-~1 and after the review of the
application and plans appurtenant thereto, and hearing thereon,
. the Planning and zoning Board finds as a fact that the proposed
use or uses are consistent with good zoning practice, not
contrary to the Master Plan, and not detrimental to the promotion
of public appearance, comfort, convenience, general welfare,
good order, health, morals, prosperity, and safety of the City,
the following uses may be recommended to the City Council as
Conditional Uses:
- .
( 1) Churches or places of worship, and their attendant
educational and recreational facilities
'(2) community center facilities when operated by a residential
homeowners association
(3) Day care centers, kindergartens, nursery schools, and
other preschool facilities are ~llowed in the R-LA
zoning district, subject to Sec. 29-17(M)
(4) Educational institutions, excluding colleges, seminariF.!s,
training centers, universities, and vocational schools
(5) Golf courses
(6) Natural resource utilities
(7 ) Public utilities, in a completely enclosed building
(8) Swimming clubs
(9) Tennis clubs
(D) LOT DIMENSIONS AND SITE AREA
Districts Area Width Frontage Depth
(1) R-lAAA 12,500 sq. ft. 100 ft. 100 ft. 110 ft.
(2 ) R-lAAA-B 12,500 sq. ft. 100 ft. 100 ft. 110 ft.
(3) R-lAA 9,500 sq. ft. 75*/95** 75*/95** 100 ft.
(4) R-lAA-B 9,000 sq. ft. 90 ft. 90 ft. 100 ft.
(5) R-lA 7,500 sq. ft. 60*/80** 60*/80** 100 ft.
. Interior lots
*. Corner lots
-14-
..--~~_.- .--
(.E) AGGREGATE FLOOR AREA REQUIREMENTS
The following shall be the minimum floor areas for all single
family dwellings, exclusive of terraces and unroofed areas,
including .fifty (50) percent of attached carports, garages, and
screened patios:
(1) R-lAAA 2,200 sq. ft.
(2) R-1AAA-B 1,500 sq. ft.
(3) R-lAA 1,500 sq. ft.
(4) R-lAA-B 1,500 sq. ft.
(5) R-lA 1,000 sq. ft.
(F) BUILDING SETBACKS
( 1) Minimum Setbacks
Front Side Side Rear
(interior) (street)
(1) R-lAAA 35 ft. 12 ft . 17ft. 12 ft.
(2) R-lAAA-B 35 ft. 15 ft . 15 ft. 15 ft.
(3) R-lAA 30 ft. 10 ft. 15 ft. 10 ft.
(4) R-lAA-B 25 ft. 8!.s ft. 20 ft. 25 ft.
(5) R-lA 25 ft. 7!.s ft. 15 ft . 10 ft.
(2) Exception
If the majority of the front setbacks along that side of the
block in which the building is to be constructed are
greater than those specified in subsection (F)(l) above,
then the building shall be constructed in conformance with
the majority of the setbacks in that block.
. . ,.
(G) GROUND FLOOR BUILDING AREA
No requirements
(H) TOTAL FLOOR AREA
No requirements
(I) BUILDING HEIGHT
No building or structure shall be constructed to a height exceed-
ing thirty-five (35) feet, unless approved as a Conditional Use
(Sec. 29-21)
(J) PARKING AND LOADING REGULATIONS
See Sec. 29-18 and Sec. 29-19
(K) WALLS AND FENCES
See Sec. 29-17(1)
(L) LANDSCAPING
See Chapter l5C
,
-15-
-
(M) .§.W:!§.
See Chapter 3
(N) SPECIAL REGULATIONS
(1) Zero lot lines are allowed in the R-1A and R-lAA zoning
districts when approved as a Conditional Use (Sec. 29-21).
On any two (2) or more lots which meet the minimum area
dimensions, the dwelling may be placed contiguous to the
property line common to its ownership, provided the sum of
the two (2) required side setbacks exists on the opposite
side of the common interior property line. No openings of
any kind shall be allowed in the interior property line
wall, which shall be of fire wall construction.
(2 ) Setbacks shall be measured from the right-of-way line for
public streets, and from the access easement line for
private streets.
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£IT' DF DELRA' BEA[H
.~ iTY CLERK 100 N W. 1ST AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243- 7000
.....
.'._CIty
, III I!
1993
C E R T I F I CAT ION
I, ALISON MacGREGOR HARTY, City Clerk of the City of
Delray Beach, Florida, do hereby certify that the attached is a
true and correct copy of Sec. 29-24, "Non-Conforming Lots of
Record, Non-Conforming Uses of Land, Non-Conforming Structures,
Non-Conforming Uses of Structures and Land, Repairs and
Maintenance, Uses Allowed as Conditional Uses", of the Zoning
Code of the City of Delray Beach, Florida, as the same was in
effect during the months of April and May, 1978.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
22nd day of February, 1994.
() it NTn V(JJ-[\~ ßú P ~ J/ndx¡.
Alison MacGregor arty
City Clerk
City of Delray Beach, Florida
SEA L
® ~- "-"1(" -~,., Hµ~vc'erJ D-1"pr THE EFFORT ALWAYS MATTERS
, ' -.'" - - - - - ' , ~ ~
,
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,
Sec. 29-24 NON-CmIF0H!·1nJ(; r.nT~; OF Rf:CORD , NON-CONFORMING USE~ OF
LAND, NON-CONFORMING STRUCTURES, NON-CONFORMING USES OF
S'l'RUCTURES AND L1\ND , REPAIRS AND MAINTENANCE, USES ALLOWED
AS CONDITIONAL USES
(A) PURPOSE
Within the zoning districts established by this ordinance, there
·exist lots, structures, uses of land and structures, and charac-
teristics of use, which were lawful before the passage of this
ordinance, but are now prohibited, regulated, or restricted. It
is the intent of this ordinance to allow these non-conformities
to continue until they are removed, but not to encourage their
survival. Non-conformities, however, shall not be enlarged upon,
expanded, extended, or used as grounds for adding other structures
or uses prohibited elsewhere in the same zoning district.
Non-conforming uses are declared to be incompatible with uses
allowed in the zoning districts involved. A non-conforming use of
a structure, land, or structure and iand in combination, shall
not be extended or enlarged, either by erecting additional signs,
adding additional square footage to a structure, or adding other
uses of a nature which would be prohibited in the zoning district
involved.
To avoid undue hardship, nothing in this ordinance shall require
a change in the plans, construction, or designated use of any
building on which actual construction has been carried on diligently.
Actual construction shall include the placing of construction
materials in permanent position and fastened in a permanent manner.
Where demolition, excavation, or removal of an existing building
has been substantially started preparatory to rebuilding, such
demolition, excavation, or removal ,shall be considered actual
construction, provided the work is carried on diligently.
(B) NON-CONFORMING LOTS OF RECORD
In all zoning districts, a lot of record as defined in this
ordinance, which does not comply in all respects with the minimum
lot dimensions specified for the zoning districts involved, may
nevertheless be used for any allowable building or structure, pro-
vided all other requirements for the zoning district are adhered
to. Such lot must be in separate ownership and not of continuous
frontage with other lots in the same ownership.
If two or more lots of record with continuous frontage are in
single ownership, and if all'or part of the lots do not meet the
minimum lot dimensions for the zoning district involved, the
lots shall be considered an undivided parcel. No portion of said
parcel shall be used or sold, nor shall any division be made which
diminishes compliance with the minimum lot dimensions for the
zoning district involved.
(C) NON-CONFORMING USES OF LAND, OR LAND WITH MINOR STRUCTURES ONLY
Where ~awful use of the land existed at the effective date of
this ordinance, that would not now be allowed under the terms of
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this ordinùncc, and where the use involvcs no individual 5tructurc~
with a replacement cost exdeeding one-thousand (1000) dollars, the
use may be continued, subject to the following provisions:
( 1) A non-~onforming use shall not be enlarged, increased, nor
extended to occupy a greater area of land than was occupied
at the effective date of this ordinance.
(2) A non-conforming use shall not be moved in whole or in part,
to any portion of the lot or parcel, other than that occupied
by such use at the effective date of this ordinance.
(3) If any non-conforming use of land ceases for any reason for
a continuous period of thirty (30) days, every subsequent use
of the land shall conform to the requirements specified for
the zoning district in which the land is located.
(4) No additional structures shall be erected unless they conform to
the requirements of the zoning district in which the land
is located.
(D) NON-CONFORMING STRUCTURES
Where a lawful structure existed at the effective date of this
ordinance, that could not now be built under the terms of this
ordinance, such structure may be continue~, subject to the fOllowing
provisions:
(1) A non-conforming structure shall not be altered or enlarged in
any way which increases its non-conformity. Any structure may
however, be altered to decrease. its non-conformity.
(2) Should the non-conforming structure be destroyed by any means
to an extent exceeding fifty (50) percent of its replacement
cost, such structure shall not be reconstructed except in
conformance with the requirements for the zoning district in
which it is located. -
(3) Should the non-conforming structure be moved for any reason,
for any distance whatever, it shall thereafter conform to
the requirements for the zoning district in which it is
located.
(E) NON-CONFORMING USES OF STRUCTURES AND LAND
Where lawful use of a structure and land existed at the effective
date of this ordinance, that would not now be allowed under the
terms of this ordinance, such use of a structure and land may
be continued, subject to the following provisions:
( 1) A structure involving a· non-conforming use shall not be
constructed, enlarged, extended, moved, reconstructed, or
structurally altered, except if changing the non-conforming
use to a use allowed in the zoning district in which it is
located.
(2 ) The non-conforming use may be extended internally throughoùt
any part of the structure, provided the use is not extended
to occupy any land outside the existing structure.
(3) When a non-conforming use is di~continued or abandoned for a
continuous period of one-hundred eight (180) days, every
subsequent use shall be in conformity wit~ the requirements
for the zoning district in which it is located.
(4) Should the structure involving a non-conforming use be des-
troyed by any means to an extent exceeding tifty (50) percent
of its replacement cost, such structure shall not be re-
constructed except in conformance with the requirements for
the zoning district in which it is located.
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(F) REPAIRS AND MAtNTANENCE
On any non-conforming structure, or structure containing a non-
conforming use, work may be done on ordinary repairs, or on repair
or replacement of fixtures, non bearing walls, plumbing, or wiring,
provided the repair work does not exceed ten (10) percent of the
current replacement cost of the structure.
If a duly authorized official declares a non-conforming structure
or structure containing a non-conforming use to be unsafe or un-
lawful due to its physical condition, such structure shall not
be rebuilt, repaired, or restored, except in conformance with the
requirements for the zoning district in which it is located.
Nothing in this ordinance shall prevent the strengthening or re-
storing to a safe condition, any building or part thereof, declared
to be unsafe by any official charged with protecting the p\wlic
safety.
(G) USES ALLOWED AS CONDITIONAL USES
Any use which is allowed as a conditional use in a zoning district
under the terms of this ordinance, shall not be deemed a non-
conforming use in such zoning district, but shall without
further action, be considered a conforming use.
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[IT' DF DELRA' BEA[H
:1';-( CLERK 1 OO'J. ,'I 1 st :. \j EN uE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
......
AN.iDlllclCIIy
" III!
1993
C E R T I F I CAT ION
I, ALISON MacGREGOR HARTY, City Clerk of the City of
Delray Beach, Florida, do hereby certify that the attached is a
true and correct copy of the definition of "Lot", "Lot of
Record" , and "Nonconforming Use", as set forth in Sec. 29-1,
"Definitions", of the Zoning Code of the City of Delray Beach,
Florida, as was in effect during the months of April and May,
1978.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
22nd day of February, 1994.
Q;'Úwn'!JN 1ú¡~/I~
Alison MacGrego Harty ,
City Clerk
City of Delray Beach, Florida
SEA L
® p. n'.04 .- "'2 ',,-fQd P ,n 'r THE EFFORT ALWAYS MATTERS
_".~ .... _ '--', '-, '- '. ~,t
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(41) Guest Apartment. A.room or suite of rooms which is part of the
main structure, and is intended to be occupied as the home or
residence of the immediate family.
(42) Guest Cottage. An accessory building used exclusively for
housing members of the family occupying the principal dwelling,
or their nonpaying guests. The cottage shall not occupy more
than one-twentieth (1/20) of the lot (but not to exceed 700
square feet) on which it is situated, and shall comply with the
zoning district regulations applicable for the principal dwelling.
(43) Guest House. A dwelling containing rooms which are rented for
the temporary care or lodging of transients and travelers, and
advertised as such to the general public. Guest houses are
prohibited.
(44) Home Occupation. Any occupation ~n which there is kept no
stock in trade or commodity sold upon the premises, no person
employed other than a member of the immediate family residing
upon the premises, and no mechanical equipment used except as
is permissible for purely domestic or household purposes.
See Sec. 29-17 (L) .
(45) Hotel. A building containing ten (10) or more sleeping rooms
~ich transient or permanent guests and tenants are lodged
with or without meals with no provision made for cooking in
any individual room or suite. Such building mayor may not
have one (1) or more cafes, dining rooms, or restaurants as
accessory uses.
(46) Laúndry and Dry Cleaning, Self-Service. A business rendering a
·retail service to individual customers by renting equipment for
the cleaning, drying, and washing of laundry.
(47) Loading Space, Off-Street. Space logically and conveniently
located for bulk pickups and deliveries, scaled to delivery
vehicles expected to be used, and accessible to vehicles when
required off-street parking spaces are filled. Required off-
street loading space is not to be included as off-street parking
space in the computation of required off-street parking space.
(48) ~. A parcel of land of sufficient size to meet minimum
zoning requirements for use, coverage, and area, and provide
the required setbacks and other open space as are herein
required. Such lot shall have frontage on an improved public
street or on an approved private street.
(49) Lot-Corner. A lot located at the intersection of two ( 2) or
more streets.
.
(50) Lot-Depth. The distance measured in the mean direction of the
side lines of the lot from the midpoint of th£ front lot line
to the midpoint of the opposite main rear line of the lot.
(51) Lot-Double Frontage. A lot other than a corner lot having front-
age on two (2) non-intersecting streets.
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(52) Lot-Interior. A lot other than a corner lot with frontage on
one (-1) street. only... =:.-..... ".: ~._ ,_
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'.... .- -~~.. ~~,-.;.---- ...__.-.
(53) Lot of R~co~d. ..}\ l~t -.;biëh t;Pãrt of a subdivision recorded
in the Office of the Clerk of the Circuit Court of palm Beach
;~:: County, Florida. ,. "-
(54) Lot-Reversed Frontage. A lot-on which the frontage is at right
angles, or approximately right angles (interior angle less than
135 degrees) to the general pattern in the area. A reversed
frontage lot may also be a corner lot, an interior lot, or a
through lot.
(55) Lot-Through. A lot other than,a corner lot with frontage on more
than one (1) street. Through-lots are also referred to as
double frontage lots.
(56) Lot-Width. The mean horizontal distance between the side lines
of the lot measured at right angles to the depth.
(57) Lot Types. The diagram which follows illustrates terminology
used in this ordinance with reference to corner lots, double
frontage lots, interior lots, reversed frontage lots, and
through lots:
.
(a) "A" is a corner lot.
(b) "B" is an interior lot.
(c) "c" is a through lot.
(d) "D" is a reversed frontage lot. A reversed frontage lot
may also be a corner lot (A-D), an interior lot (B-D),
or a through lot (C-D).
(58) Marina. A recreational boating establishment located on a waterway
which may provide covered or uncovered boat slips or dock space, dr
boat storage, marine fuel and ~ubricants, marine supplies. rest-
aurants or refreshment facilities, boat and boat sales or rentals.
Minor pleasure boat and boat motor repair which is incidential to
the principal marina use is allowed as an accessory use. No boat
construction or reconstruction, dredge, barge, or other work
dockage or service shall be allowed.
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(59) Master Land US0. plan. The official public document adopted by
the City Council as a policy for present and future land use
decisions.
"
(60) ~. A series of attached, semi-attached, or detached rental
units containing bedroom, bathroom, and closet space, providing
lodging for compensation to the traveling public.
(61) Natural Resource Utility. A use which derives a primarily
retail product directly from an extractive material, the atmos-
phere, or a naturally flowing fluid medium and which does not
emit noxious fumes, glare, or noise not commonly expected or
associated with the other uses surrounding the use.
(62) Nonconforming Use. A building or the use of a building or
land that do~s not conform to the regulations of the zoning
district in which it is located.
(63) Official Zoning Map. The official map upon which the boundaries
of each zoning district are designated and established as
approved and adopted by the City council, and made a part of the
official public records of the City of Delray Beach, Florida.
Said map shall be the fina~ authority as to the present zoning status
of buildings, land, water areas, and other structures within
the City.
(64) Open Space. An exterior open area clear from the ground upward
which is devoid of residential and commercial building, accessory
structures, and impervious areas, except however those buildings
and structures used exclusively for recreational purposes.
(65) Open Space - Common. Any open spaces under common
ownership and control.
(66) Parking Area. The total area devoted to the parking and
maneuvering of vehicles.
(67) Parking Lot. An open area which is used for the parking of
automobiles.
(68) parking Space. A surfaced area, enclosed or unenclosed, which
is sufficient in size to park one (1) automobile, together with
a driveway connecting the parking space with a street or alley
and permitting ingress and egress of an automobile.
(69) Place of Business. Any building, structure, yard, area, lot, pre-
mise or part thereof, or any other place in or on which one or more
persons engage in profit-seeking business.
(70) ~. A map depicting the division or subdivision of land into
lots, blocks, parcels, tracts, or other portions thereof
which are prepared in accordance with this and other applicableordinances.
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[ITY DF DELIAY BEA[H
~. i ("I' ERK ,CO '·'·Y 1st AVENUE . Ot:LF1.'\ Y BEACH, C'LORIDA 33444 . 407/243·7000
'J ..
bad
AI n.ulr:lCIty
, ~ III!
1993
C E R T I F I CAT ION
I, ALISON MacGREGOR HARTY, City Clerk of the City of
Delray Beach, Florida, do hereby certify that the attached is a
true and correct copy of Ordinance No. G-285 regulating the
subdivision of land in or about to be annexed to the City of
Delray Beach, Florida, as adopted by the City Council on April
14, 1958, and which was in effect as of May, 1967.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
28th day of February, 1994.
()f;AiTrJ~ kv#ÆJI(}n1r=
Alison Ma Gregor rty
City Clerk
City of Delray Beach, Florida
SEA L
W' ' ~--; >' - -., 7 2, ~:. ,-~r THE EFFORT ALWAYS MATTERS
,
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[ITY DF DELIAY BEA[H
,f CLERK :C,O '.¡ "/1st AVENUE . DELMt>, Y BEACH, FLORIDA 33444 . 407/243-7000
....
AI JI..rlclCIty
, III I!
1993
C E R T I F I CAT ION
I, ALISON MacGREGOR HARTY, City Clerk of the City of
Delray Beach, Florida, do hereby certify that the attached is a
true and correct copy of Ordinance No. G-285 regulating the
subdivision of land in or about to be annexed to the City of
Delray Beach, Florida, as adopted by the City Council on April
14, 1958, and which was in effect as of May, 1967.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
28th day of February, 1994.
() tMn~ Jw~ !I(}*
Alison Ma Gregor rty
City Clerk
City of Delray Beach, Florida
SEA L
0--··- .~.- THE E F FOR TAL WAY SMA TT E R S
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oRDIrwrcE 'NO. G-285. . .
AN OkDIN~NC., OF THE CITY COUNCIL OF THE CITY OF
..- DElBU BE.\CHh FLaUDA, REGUlATING THE SUBDIVISION
OF LAND IN 0 ABOUT 'ro 8E ANNEXED TO 'l'BE C IT! OF
DElRAY BEACH; RE('~UIRIllG AND REGULATING THE FREPA-
RATIOl'i AND fRESEN'l'ATION OF PREU:1INARY AND FINAL
PLATS; ESTABLISHING YINWUM SUBDIVISION DESIGN
STANDARDS; PROVIDING MINnWM n41'ROVEMElITS TO BE
MADE CR GUAP.ANTEED TO BE MADE BY THE SUBDIVIDER
AND rhESCRIBI~G PENALTIES FOR VIOLATION THEREOF.
BE IT ORt.\Im.D BY THE CITY couriCI: of THE CITY OF DE.WY BEACH,
FLORIDA:
For the purpose of these regulations certain words and terms used
herein arc deíined as follows:
SECTION 1. DEFIHIT IONS:
1. ~lle~ - a roadway which affords only a secondar.y means of access
o a utting property and not intended for general traffic circu- ,
lation. ,
:
2. Board - The word "board" shall be construed to mean the City Plan-
n1ng Board and Zoning Commission of Delray Beach, as· now consti-
tuted.
3. City - City of Delray Beach, Florida.
4. Council - The City Council of the City of Delray Beach.
5. Cul-de-sac - A Street having one open end and being permanent¡Y
fermlnat~d by a vehicular turn-around.
6. Easement - A ri~ht-of-way franted for limited use of private pro-
perty for a pub ic or quaa -public purpose.
7. Lot - A tract or parcel of land identified as a single unit in a
su6division and intended for transfer ot ownership, use--or .ÎD1- ....
provement.
a) Lot depth - a distance measured in the mean direction of the
alC1eJ.1nes ot the lot from the mid-point of the front lot line__
to the ~d-point of the opposite main rear line of the lot.
b) Lot width - The mean horizontal distance between the sidelines
meaaureCl at right angles to the depth.
8. Street - The ter.m "streetD means a EUblic way for vehicular traffic
~hether designated as a street, hig way, thoroughfare, larkwa~,
through~1, road, boulevard, lane, place or howeve~ des gnate .
a) Arterial streets and hi~hways are those which are used pri-
marily for fast or heavy traffic.
b) ~ollector or feeder streets are those which car~ traffic
rom mlnor streets to tho major system of arteria streets or
highwaís, includinf the principal entrance streets of resi-
dentia developmen and streets for circulation within such a
development.
c) ~~r~inal access streets are minor streets which are parallel
and aC1Jacent to arterIal streets and highways and which pro-
vide acoess to abutting properties and protection from tratfic.
,
.
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ð) MInor str.eta ar~ thoso wnioh are used primarily for a~cess t~
å1bUt!toR pr~pert¡.
oj !i.Jt!!!!.ln".~; arfl st·l·eet~ or hle;hways 1ntt"ndad for fast and
heavy tra 1c trave11ng a conr.ldorable ð1startce on which
points (j( inll,reslt 01' ~l6ress a/ld crossIngs ;jro controlled,
limlte~ or 5~Far3ted.
f' Half-street 1s 1unerally Ð~r&ll~l and adj9cont to the boundary
01 a tl'act, havln:; a leseer rlgi1t-of-~.¡ay width than required
for a 1'~1l width of the tyoe involved.
9. Sketch Plan - is an '.uromal plan indicating the salient ex13t1ng
features õ?'the site and itn su~ro~~dlngs as described in Section
2 and the t;t"nertll layout ot e proposed subdivIsion.
10. SI~ht :istn~ce - Is the minimum extent of an ~~ob8tructed forward
vision lin a ho!"lzontal pllil\e) along,. strðet trom. vehicle lo-
cated at any given p?int ?n th$ ~trget.
11. ~ubdlvider - A person, or his agent, who undertakes the activities
covered by these regulations, particularl¡ the drawine up of a
subdivislùn plat showing the ¡ayc~t o~ the, land nnd the pu~lic i~-
provements involved there1.!le InRsmuch as the subðIvision plat is
merely a neces3ary means to the ~nd ot assuring a satisfactory I
de·.'elopment, the tem "subdivider" is intended to include the tem I
"devAloper", even th.ough ch.e persons involved in successive stages
of t~e project mAY vary.
12. Subdi....ts1.on - 1'he divisIon ,,1' ~ pfarce1 of land into two (2) or
mõr3 lo~r parcels for the p¿rpose of transfor of ownership or
de7ðlormdnt, or, if a new 8treet is involved, any division of a
parcol of land.
1:;'. Zonin;! Ordinance - 1''herever used in these regul.t1ons means the
zonine Ordln8n~~ of ~he CIty of Delray Beach, Florida and amend-
:nents t'1ereto.
SEC~IC:l 2. G"i:NERAL
Pr~~r to the preparation of a preliminary plat tile subdivlde~ of
a~y land Hithln the corp?r~te area ot Delray Boach or within any area
to '::0 1nnexed shall obtain a copy of the City of Delray Beach Subdtvl- _
slon r.el:!uhtions and contE'l' with ti1e Planning Board in ~rder tö'becól!1»
~!-Io:'oughly 1'a:II111&r \11 th ";he subài vision regulations herein de!'ir.ed.
At ~uc~ conference, the s~bdlvlder shall submit for the consideration
of the ?oard a àeclaratl~n describing the subdivision contemplated
~c=omp~nied by a skotch plan on which the f)llowing features are. sh~wn:_ .
1. Ihe locetion of the land or site to be ~ubdlvided and the ap-
proxi~ate area thereot.
2. An ind~catlon ot such n&tural f~atur~s as unueual top~graphy,
low or SWa/l1PY areas. str~aMs or lakes.
3. An IndIcation ot the P~OXiM1ty of such utIlities as water,
sewora;e, drainage, electrIc light and power, and how ~'e subdIvIsion
will b~ served by ea~h.
L... The subdIvl:;1on 01' existing lands, 1f any, 3urroundlnG cr
abuttl:o:g the pl'oposer\ site, n:;>t:ably the street pattùrn.
5. 7he relatIonship of the proposed ~ubdlvislùn to existing co~-
~~~it! r~cI1I~iel w~ich ~erve or Influence it such as m9in traffIc
arteries, raIh:ays, waterways, f:hopplng or c')//1..,ercial centers, school!",
parks and ;,laygrounds, or any other physical foatures that will 1'):1"'ole
~~o Plan~ing ~oard to det~rmIno how the subdIvision will fIt into t~G
pattern 01' tho CO!'ll'lun1t¡ as a whole.
Following this conference with the Planning Board, the subdivider
2
.
.
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shall submit to the Dlrector of Public' :orks a copy of the sketch plan
for aphroval of the utilities involvod in item Woo 3 above, after
which ~ may proceed to prepare a ~reJimillar,y plan in acc')rdanco with
the instruction:! hereinafter contuned.
SECT ION 3. nWr.r:DURb: F'C!1. r!<EPAr..ATIOI~ OF THE PREL!:HiJARY i'lI"T A~ID ITS
APPP.ûVAL BY mE PlJün:n;G BOARD.
1. f.ny nCl'son desiring to subdivide land and who has fulfilled the
r~q\liremel1ts of Section 2 hereof, shaH ..,repare a Prellmbary Plat of
th~ p~o~osed subdivision in accordance with the specifications and re~
1uircments of Section 5.
2. Three (3) copies of the Preliminary Plat shall be filed with the
PI~nning Board, two (2) co~ies ~ith the Director of Public ~orks and
two (2) cOjies witb the Bu 1dinï Inspector for examination at least
twenty (20 days prior to the P anniltg Board meeting at which it is
to be considered.
3. The Director of Public Works shall examine and check the Prelim-
inary Plat for ~eneral engineering and for confo~nce with the pro-
visions of Sect on 4. The BUildi~ I::~~tor shall check the Prelim-
inary Plat for ctreet numberinian h ... Both· officials shall,
within ten (10) days of rccei~ ot the Prelimina~ Plat, forward to
the Plannil1g aoard, one print of said Plat with t eir approval on
recommended changes noteJ thereon.
4. The Planning Board s~all include the prints of the Preliminar,y
PInt returned jv ttle Director of Public ?.'orks and the Buildi, In-
s~ector, with the Boar¿'s recommendation to the Council. If he Plan-
nlng Board cloes not endorse the changes recommended by the Director of
Public Works or the Building Inspector, they shall so state in their .
recommendatior. Further in its consider1tiun of the Preliminary Plat,
the flannin, Board may call upon thp. Director of Public Works, repre-
sentatives 0 t~e power cocpany, parks and recreation department and
the Board of Public Instruction for infol'loation as to how the.8Ì te__ot _.
the proposed subdivision can be served with utilities, drainage facil-
ities, parks and recreation areas and schools.
5. Following its examinaticn of the l'reliminar,y Plat and other œter-
hI that may be sub:nitted and any further conferences with the--sub""- ..
divider, the flal~ing Board within ten (10) èays after receipt of the
approved prints fram the Director cf Public !:orks and Buildi"fi Inspect-
or may recommend to the City Council approval of said plat. owever,
such approval shall not constitute an approval of the final plat. . __
6. If the Preliminary Plat is re;ectcð by the Planning Board, it shall
furnish the City Council, in writ!n,!, a list of reasons for its re jec-
tion with a cOP1 to the subdivider. Failure of the Planning Board to
recommend the approval or rejection of the PreliminarY Plat within
thirt,y (30) daYI after its consideration by them shsll be deemed a
recommendation of the plat as approved by the Director of Public ~orks
and the Bui1ding Inspector.
7. The recommendation of the Preliminar:h Plat by the Planni~ Board
r.hall be sent to the City Council. It t e Council approves t e Pre-
liminary Plat, without modi;ications or changes, it shall be si~ned
in the spaces provided thereon by:
a) The Developer.
b) l.~yor (attested by City Clerk)
c) Chairman of the Planning Board.
d) Director of Public I:Jorks.
e) .Building Inspector.
..
If t;;,,. Cour,dl nppro"et1 th~ n~t with mo'llfica.tions, corr3ctio:ui
or changes acccphble to tile developer, tl.c Plat sha1l be altered òJ'
t~e developer to confo~ with the laid modifications or changes be-
fore being si1n~d by the afor~mentioned parties. In either c~se the
develo~er sha 1 furnish one print of the signed Preliminary flat to
each.o the si~nine parties.
~1£!l...1. t'RVCElJl.'kE ~'CRJI~:jTArIVE A¡2'ItCVilL C¡' THE FIIC!. l'L\' '.
1. :\eceipt of the signed co~y of the a~r)rove~ Freliminar~· Plat is
'lu~hJrizatlon for lhe 3ubc1iVlder to rocecd ,.,ith tiw pruparatior. of
pLlns aad specifications for t~e f\)l o"Ting !lÚnimum improvpmentE: and
dtr. t~e pre~aration of t1".c final plat. l'rio:- to the c:>ndrucUon
of any imrrovements f'e'1u5I'ed 01' to the submission of a Ol)hd i"1 lieu
th.ereof, the 8ubdivide.r. shallturnlsh the Director 01 Public ','lorks
!ill plans, infor!D8tlon !\nd data n~ces~3.I'J' to determine the characte:-
of t~e site improvementa and comnliance with the city standards and
s~ccifications. These uIans shall be e:amined by the Director of
?11bHc "'orks pnd \lfill be appJ'oved a in accorða.nce wi th an t~1e re-
quirements.
2. ",lthin six moaths dbr the a'Opr·oval of the Preliminary Plat, four
(4) copies of the fir~l plat shall be submitted to the City Council
for their exawination allct a,µroval. Hcwever, an extension ot time
~aJ be crantcò by the :o~~cil upon ~ritten roquest.
3. One CODY of the final plat shall be transmitted to the Planning
30ard for lts revier. and one copy to the Director of Public !"Jorks
:i:1~ one copy to the Bui:'.ãi~ ¡nsp~ctor ¡or their examination' and· cor.¡-
menta.
4. 'i'he final plat shall co'11'orm substA.lltial1:' to the Preliminary
Plat as approved and if desired OJ the subdiv:ãer it mal constitute
only that po~tion of the ap?pove1 ~reliniparJ Plat whicn he proposes
to record 8 I'! '1 develvp at the time, hc-.vever, ';hat such portion con-
forms to all the reQuirament3 of these regulations.
5. ,1.P!'Hcation for apì.>rcval of the final i1at shall be submitted.. in·
writin~, to the City Council at least twen y (20) da~s ~rior to the
CounciL meeting at which it is to he considered, Nit copy to the
Pl~nning Board, the Director of Public ~orks and Building Inspector.
6. The Director of Public Work~ and Buildinp; Inspector shall· exailíinè··
the final plat for con!o~ce with the Preliminary Flat and ~ith re-
f~rd to their individual responsioiJities and within ten (10) days of
he receipt of the coPY ot a¿plication for final aKproval notify the
Boerd in vrriting of taeir findings. Tole Planning oard, after re~ ..
vicwin~ th~ Final flat, shall certi1y to the Council that the plat
conforos to the Preliminary Plat <revlously ap~roved by them. How-
ever, the Board's certification wlll not inclu e ßl~thi~ as to such
structures a3 streets, sidewalks, ser.ers, drainage or ot er engineer-
ing co~ponents that cóm~rise the ultimate develo~ent. Such physical
cor.pontnts ~ill be cons ructed according to speclfied engineering
st&ndarès prescribed by the Council.
7. After certification of the Final Plat b¡ the Planni~ Board, Di-
r(:ctor of Public 1:orks ünd Building Inspector, the City ouncil may
tel:tatively approve tne Final Plat. Final ap~rovàl snaIl be suspenùed
~~til all the required improvements are inata led to the satlsf~ction
an~ final approval of the City Council ion recommendation of the
CitJ wanager. In lieu of the immediate nst~llation of the required
i~provements the subdivider shall either: .
11) File with the City Council a surety bond conditioned to se-
cure th6 construction of the improvements listed in 3ection
9 in a satlsfactor~ manner and within a time ðerlod srecified
by the City Counci , such period not to excee one (lJ yeltr.
·
..
Said bond shl.\1] bp. eÀ8cuted b~' a surety compa~ a.uthorized
to do b',,1sinesa in the State of Florida o.nd ,lav n~ k resident
agent in hlm Seach count~. No such bond shall be accepted
wlless it is enforceable y-or payable to the City in a sum
at least equal to th~ cost oî constructing the im1rovements
119 es t iiiif' ted by the D1 rector 01' Public r'orks and n rom with
the surety and conditions approved by the City Attorney, or;
b) Deposit v:itt the City or k1ace in escr0\7 cash, cashier's I
check or a certified CilCC in an a.mount equal to the cost
0: constructin~ the imnrovements ~s estimated by the Di-
rector of Publ1c l'Jorks: The City Han1~er may release for-
tions of this security deposit as the ,ork nrogresses 0
his satisfaction. .
8. The certification of the ~lanning Board and the tentative a~proval
of the City Council shall be each stamped or i~rinted on the F~nal
Plat. One (1) copy shall be returned to the su divider, one (1) copy
to the Director of Public ::orks and one (1) copy to the Planning Board,
and one (1) copy to be r~tained in the riles of the Council.
SECTION 5. PROCEDurtt: FüLLctING TEN'V:TIVE APPROVAL OF THE FINAL PLAT
rlY 'Pi!:: l; iH ~UUftCIL.
1. Upon the findin~ b" the City Council that the subdivider has
com~lied with the aprlicab1e State, County and City laws and the pro-
visions 01 these re~ulations, and said Council has given tentative ap-
proval to the final plat, the subdivider shall install all required ...
i~provements ~ediately or deposit any of the surety alternatives
specified in Section 4.
2. Followinf receipt of the surety deposit or notification by the..
City 'œnnger ti~ all req'üred improvements have been insthlled, which-
ever occurs r':'rst, the Council mq ~ive final asproval to the Final
Flat and cause said plat to be properly execute .
3. After final appr07al by the Council, the subdivider shall- ....
file a true cop~ of the "Olat as a&Proved, ,,-ithin sixty (60) dqs from
the date of sue app'roval, with t e Clerk of the Circuit Court of
Palm Beach County, iloridn.
4. hhen the plat bu been recorded, four (4) copies thereof shalf--
~e filed with the Cit~ Clerk o~ Delray Beach, who shall distribute on~
e'\ch to the Pl8.nnin~ oard, the Director of Public V:orks and the Buil¿-
ing Inspector and s5&ll retain one for the City Council. The copy fo~
the City Council shall be on cloth.
5. No buildi~ pe~t shall be issued until the final plat haa
been recorded in t e Office of the Clerk of the Circuit Court of Palm
Beach Count~. No temrora~ or final Certificate of OccupancL shall be
v ipsued unti all Ph1s cal _mprovements'serving the property aye been
installed in accordance with Section 9.
SSCT!C,N 6. R.-:Q{iIrt~~':T OF TH~ ffiELU:!NAJiY PLAT.
1. The·Preliminary Plat shall be drawn to the scale of not more
·han 100 feet to the inch, provided, however, that a scale of 200 feet
to the inch may be used for large areas and shall show the follo~inf.:
a) Pro1osed subdivision nar.le or identifying title which shall not
dUp icate or closely approximate the name of any other sub-
division in the county.
b) Location sketch related to city limits.
c) Horth point, graphic scale and date.
d) ;¡ar.:c of t,e OWMr of ol'oparty or his authorized aGent.
c) N~~c of the registered engineer or surveyor responsible for
the plat.
f) Locations and names of adjacent subdivisions.
~) J0W11.u'y line of the tl'sct to be subdivided clra:m accurately
to scale 'UIÙ r:i t;1 acctu'ete linrar and nngulu dbElnsions.
h) .'.11 e::ist l:1¡ ~.,ater courses, drainaðe ditches, c:lT\als and bodhs
of \'{'1Ler on or ad.is(;e:lt to l;roposc subdivision.
i) All e::i~ti:w: built;inós on the "roposed subdivision and all ex-
i~tin~ se~ers, \~ter ~üins, culverts, fire hydrants, undergrouni
or above grJulld utilities on or adjacent to the propoJed sub-
division.
j) All existing streets nnè alleys on o~ aà:acent to the tract
Í!lclûr1ing ntIl!!e, right-of-'Nay width anti pav~lJ.ent wic1th. Exist-
ing strcet3 sh~ll be åime~sioned to tract boundaries.
k) A.ll ey.istil'l,~ proþeI"ty lines, easements and rights-or-way and
the n~rFose fer whic~ the e~sements or rights-of-r-ay have been
established.
1) Locltion and width of all groposeå streets, alleys, riýhts-or-
~ay and easp.~ents, p~~~ose of easements, proposed lot ines
for ~ach stPeet.
rn) :ites, ii any, to be r~served or óedicated for parks, play·
grounci~ o~ other public uses.
n) ~ites, if 1ny, for mUltiple fa;nily dwellings, shopping centers,
c~ur~~fS, ~:~ust~ ?r vther non~-publ¡c uses exclusive of
Rlr\~¿e h,;:',...y d\'Je l1n¿s.___ ____ ---.
0) ~ocat¡0ns arà Si7t of ~roposed ~~ter, sewer, drainage facili-
ties, fiN hydr'l1:ts a;¡d other utilities on the land to be sub-
Jivideù ani on Ifd'!ci '7j, thin Olle hundred (lOOì feet thereof.
--." ----
p) ~ite à&ta, in t~bul~r form, including number of rElsidcntial
lots, typic~l lot siz~~ and areas in ~arks etc.
'1) 3Fac~ and forms !or t~e followi:1¡; si;;nll tures inJict'tinp: appro"_,_: ..-.
, Dcvel°ller.
~.
2. !~:or ,attested òi City Clerk)
g. Chli rman of nann ng Board.
4~ Director of rublic ' ork3
~. Buildinc Inspector.
2. ,here the proDosed ~lat covers or.ly t'.. pori;ion of the subdivider's
entire hoJding, sketch shall be subcitted shouing thc prospective
st:,eet larout and proposeå use for the remainder.
~. The ext:;nt and boundaries of thc olatted area shall be grat'hically
indicatcù in a clear and understandable manner. ·
S:::CTICN 7. RtC:'JIR.l:ENTS CF THE FINAL PLAT.
1. The final plat shall be clearl~ and lepibly drawn in ink on
tracing cloth to a scale of not more t an 100 ~eet to one inca. In-
dividual sheets shall not be lar~er than 24 inches by 36 inches over-
a1l, as ap~rovc~ by the County 0 P~lm Beach rov purposes of recording.
r.ere the tinal Plat of n proposed subdivision requires ~ore thnn one
sheet, each sheet shall be keyed to a master map ~ith appropriate mapks
of iècnt¡!ication.
2. The Final Plat shill include t:le following information:
a) Locc.tion sketch shovlinC location of subdivision 'ilith respect
to section or ~over~aent lot lines.
b) iiounclary lines of the tract with accurate distu!1ces measured
to hundred~hs of a foot and a~les to half minutes. The
boundaries ~hall be determined by accurate surve~r in the field,
v'bich shall be b&.)anced and closed with error closures not to
exceed one foot· to 5,000 feet. Surve='s shall h'3 coord ina ted
~nd tied luto th~ nearest establisheñ section corner or quarter
section corner by angle and distance.
c) The exact llE'meS, locations and widths along the property lines
of all existing or recordei streets iutersectln,; or p&l'allel-
ing th~ botU&dari~s of the tract.
d) The accurate location and material of all permanent reference
l'Ionuments.
e) 7he exact layout incllroi~ street anñ aIle] lines, street
names, bearin~s, angles 0 intersection and widths (includi~
widths alonr. the lines of any o~liquely intersectinf streets ,
lengths of arcs and radii, points ot curvature and an~ent
beari"fs; all easements or rights-ot-way ~here provide for or
~~ed y public services; all lot lines with dimensions in
feet and hundredths and with bearings or angles of other than
right e.n~les to the s~reet or alley lines. ....
f) Lots nur.lbered in r.umerical order begiruling wi th number one in
each block, and blocks numbered in nUlaerical order or lettered
in alphabetical order.
g) The a~curate outline of all pro,ert1 crhich is to be dedicated
or reserved for public use including open drainage courses
and suitable easementd, and all ~ropert1 that may be reserved
by covenants in feeds for the cOIJIDon use of the .t'ro~erty ____ ---- ..--
o'~ers in the suòñivision, with the purposes indlca ed thereon.
h) Names and locations of adjoini~ subdivisions, if any, the ad-
jacent portions of which s~ll e shovnl in outline for.œ.
.--- .---
i) 1.cknorrledg3l!1ent of the owner or owner3 and all lien holders to
the 11~t anð. reJtrict~0ns, inclu~i~ dedication to pUblic use
of a l streets, ~lleYJ, Earks or ot er open spaces sh~ there-
on and the granting of t e required easements. _ __ __0.
j} Private restrictions an~or tr~steeshiE8 and their period of
existence. Shoul~ these restrictions e of such le~th as to
make their letterinf on the plat impracticable and t us neces-
sitate the pre~arat on of a separate instruoent, reference to
such instrl.llllen shall be made on the r>lat.
k) The certificate of the Registered Land Surveyor attesting to
the accuracy of the surve! and that tne peroanent reference
monuments have been estab ished according to law.
1) Space and forms for the followin~ necessarv signatures indi-
cating approval:
Planning Board
~~yor (attested by Cit~ Clerk)
Director of Public wor s
County Commission
County Engineer
m) Subdivision name or identifying title.
,
n)- North point, scale alw date.
0) hame or record owner and sub~ivider.
~r:CTION 8. _DE~;¡GN ST·'NDARPS.
.--~..
Ihcr¿ever a trb.ct 01' pa!'ce 1 of lanll to be subdivided embraces any
hart of a street that 1s designat.ed a~ a ~jor street O~ tllC campre-
enslve plan, such part shall be platted in the location anù of the
Hidth - ir.Hca tea on 'Juch plan.
Land:¡hìC'h the r'lanning board has found to be unsuì table for sub-
Ilivision due to flooding, bad draJnage or other featurts likely to be
harmful to:> the hea¡til,satetyand general welfare of future residents,
shall not be sJbdivlded, unless aàe1w~t~ methods ~f correction are
for~ulated by the subdivijer L~d ap~roved by the Director or Public
~,orks .
!. STREETS
-
1. r~e ar~ange~ent, character, extent, widt~: &raòe and location
of all streets shill crnrorm to the Streets and Highwa~ Plans of the
St~te, County ~nd City rp.J~ectively an~ shall be consi~ered in their
relation to existin~ and p~~ed streets, to topographical ccnditions,
to ,ublic convenience and stfety, in their aphropriate relation to th~
proposed use. of the land to be served bi sue streets and the most
advantageoua develo~nt of the surround ng neighborhood.
2. ·,'!-lere such is not shoW:1 in any streets or highv.av plan, the
arra~gement of streets i~ a suo~ivision shall either: .
a) ~~ovii~ for the contin~tion of ~pprc)riate projection of
exlsti~ principal street. in sur~o\~ Lng aress, or
b) con!onll to a plau for ~be neighborhood, ap::>~oved or adopted
by th,., Planninf doard to meet a iJarticular situation '!"IM1'e
natura~ cOJ),dit ons ma~:e continuance or conformanoe to. existing
~treets imp~actiu~ble.
3. Minor streets sh~~l b~ so laid out and arranged 3S to dis-
courage their ua8 bj" thru traffic.
4. '..r.ere II, sUÌ>~¡vision a'>l1ts 01' cO'1i;ains !\n existinó or proposed
arterial ~tree~, tfi~ Pla:ming ~oard may require marginal access streets.
reverse !rontnge with screen p~ting contained in a non-access reser-
v3.tion a:;'ong· the re~r Irt)pert: lin~, deep lots wi ta rear service alle~s, .
or such other trea~en as mal be necessar,y fo~ adequate nrotection of
residen,!al properties and to afford beparatiou of through and local
tr&tfic.
5. V~ere a au~ivi~ion borders on or cO'1tains a ralJroad ri~ht-
~ f-way, cxpres:nr&J, ~raint.te canal or "a terwml, the flanning Boar mfty
re1uire a street ap~rox¡~ e11 ~arallel to and on each siàe of such
ritht-or-way, at a ~lstance sui able for the ~ppro~riate use of the
in ervening land. Such distances shall also be determined with due
resard for th! requirements of approach grade~ for future bridges or
grade separatl0n..
6. neserve strips controllln~ access to streets shall be pro-
hibited exceit where their contro i. definitely placed in the Citl
under condl t ona a!,proved bl the Planning Board.
7. There shall be no ~ivate streets, lanes or wais, platted in
any subdivision. Eve~ su ivided lot or pronerty sha 1 be served
from a publicly dediea ed street. .
ð
,
8. Halt or parth.l street:J shall not be ~ermittcd except ,-",her·t;!
e3~1~ntial to rt)l&~onab)e subdivision of a tl'ac in conformance \'/i th
the~c re~ulatiJns and where, in addition, satisfactory as~urancc for
dedication of theremainin~ ~art of the street is providec1. Plerever
~ t~act to be subdivided ùor ers on an existin~ half or uartial
street the other part of the street shall be dedicated wIthin s~ch
tract.
o. Dead e~dstreets are prohibited except tho&c ~esi~ne~ to be
so rer~¡anently. femane¡lt dead enJ streets shall be no longer than
four h'Jl1drcd {40ú) feet, under anroval bv Hal1ninf 30ard, and shall
be provided at lÞe clnse1 enè (cùl-de-sac) pith a urn-around havin6
an cutsi1e road~a~ JirJneter cf at least ci~hty (80) feet, and a
str~et pruperty Ilne di~~eter ?l at ~east one hundred (100) feet.
:pecial ~onsideration rJaY be given longer cul-de-sacs between canals.
10. ~treet l~gs ~ith.cçnter line off-se~s of less than one
hundred twcnt7- lve (125) (eet shall be avolded.
11. Cyrvelinear streets are reco~~nded for residential, minor
~nd collector streets in order to discourage excessive vehicular
speeds and to rrovide attractive vistas.
&.) 'ìlenever a street cha~es direction, or cOMection street
Itnes deflect from eaca other, by roore than ten degrees,
there shall be a horizontal curve.
b) 70 ensure adeouate Si~¡lt distance, minÍI:1um center line radii
fer ho~izonta! curves shall ~e as follm¡r,:
~·.inor streets 150 feet
Collector streets 300 feet
Secondary arterial streets and 500 feet
. section line roads
lIajor arte.'ial st:reets 750 feet
c) --- ----
A tangent at least 100 feet long shall be ïrovided bet.reen
rp.verse curves on collector streets, and a least 250 feet
long on major and secondary arterial streets end sectio~
line roads.
12. 3treet Intersections:
a) Streets shall be laid out to intersect as nearly as possible
at ri~ht angles. No street shall intersect another at au u
ar.gle of less than 60 degrees, except at a "Y" intersection
of two minor streets.
b) hiultifle intersections involving jur.ction of more than two
stree s shall be ~rohibited e7.cept where found to be un-
avoidable by the lanning Boarò.
c) "T" intersections of minor and collector streets are to be
encouraged.
d) As far as possible, intersections on arterial streets shall
be located not less than BOO feet apart, measured from center
line to center line.
e) Propertï line radii at street intersections shall be Þ/entv-
five (2 ) feet for minor streets and ~bore the angle of .
intersection is less than sixty degrees a grenter radii may
be required by the Planning Board.
,
.
-11. "n1\)s3 ·thcr..,i~~ in!icJt.a:1 n re1uir~ll.y 1 ~hj';r ;;jtrliict
;;l<1n, str{,;~t ri.'h~s-A-wC&y 3hc.11 n,t ',t] 1~3s tt11n t\:.,; i
f~11owin:: I
STì:r:i:T TY;·'E ~IGHT-Or-':I,\'{ - r~:f:T
:~Sj')r Qrtori!ll stred lO~
3<Jc,:rd.1ry ~rtel h1 '~r sacH..n 1i~o rr.;J -f 80
C'11~ct r stru~t Jni ~u3iness 60
~inJr struQt, for ~p~rtDants SO
Minc;r s+.ro::etf,'r -l ~n:i- 2 hmili\Js SO
:ft.~r 'i:1:11 acc.:ss street 40
1) ,iLlirbrnl ri:.:ht-r;.f-W:lY wLith t.;ly ",,, r.aquir.d to ;,X')I:'.C.tlil
¡::u"lic s~f¿ty :lrd c')nv~n1<il1co, Ç'r t:.' ~ssur(; 1l..)qu~t~ access,
circ,;lù."::Ln 111': pukbç' in hi;;h .:iensity rcsU£l~ti:ll ar~·Js.
c:>:Jt".\:rci~l J1r );:.s ~.,J in.iustrill ar~(ls.
\~) When: !I. s~<U·..isi):I ~~'uts or ccntilins 3n existinc:' :nxl.:et-;f
in11..:q:¡'J to ri:._:ht-.,J:-w~y ~.,i.:!th, .J.àdition'11 tight-of-way in
co~fOrm:1nce- with th.:: above st:lnårJs may :e requira:l.
14. j;, ; r~::>..)sa~! n<3W strdc·t which is in ali'1lU!1unt with :1r a con-
tinu4ti~n of an ~xistin, street sh311 have the s~me name as the
~xistin~ 3treet. In no·clse Shl1l nJW strQ~ts hilve names or nwæ)urs
whi.:oh Jùplicate ",r which ar'~ rhonetically simihr to ",dsting str;;¡et
rar::as, reg~rclless of t~.e ;:rutix :·r sutfic usej as "Úvenue" r. ":~oul¿-
''''1r:t'', "C~urt", "Cr.2sct:nt", .. rivtl", "Place", "3treet" or Tßrrac,¡¡".
".11 str<:et na!!'.es s1'.:111 ~'':;;: S\l:'j~ct to appr')val of the Planninç; Joar:i.
'. ¡;a as
1. ,'\1l~Y'5 shall ':e ¡Jr:vi:l~:l t'j scrv~ m\:.lti¡1l..a :!we lli n.:.; , ~u::>Ì-
ness, cClTLr:\<3rci::Ü (on1 indu3trial :are<ls, ...xc~::,t th.'1t th.. Planninç: .)f'\,;¡ri
cay '...aivt: this r;:~q\:.ir~Ir,.:nt whers (th·~r .:i~fi:1ite ~nè assured provisi'n
l~ mJ i<.: f~r s~rvice access, cff-streßt l-::a1in<':, un1oaJinç; iln:l parkin ~H
r" I't"istt>n.t w' th <ln~ '1.J.;>qu<lte f.,r the uses ~rmissiLle ""n tho pro-
:~rty.
2. Th.; \.1 loth 'Jf ar. ~lley sh~11 :..:.;¡ 20 feet or mûrtl.
3. Ch::ln- ~s ir. '11irnmdnt ':)f ::.ll-J'fs shall .~¿ m.a'le 0n ù c"nt¿r-
lir.: nhus -::f ,...-t 1...:ss't~3n 50 feet:
î. i<Ja:':-G:I.! <:1l1¿ys shQll ')d 3v'>i:1""j whE:ra püssi'~le, '1ut if
urJvd !:a~'l·~, S~'1l1 ':\) ¡;rwi l,,:l with .J.:!()qu:1t,¡¡ turnar'jun:l fa::iliti~- ----
f~r s~rvi~e trucks ::It tha leal dn~, with a úinim~ axtcrnal ~iaDet.:r
:,f 100 fe~t,~r 0.5 letcrmindi to be adequate by the ?l.:lnnin~: ...·jar:!.
C. EhSEMtNTS
1. EasemvntslcrCBs lots (.,r cent~ro)j en r~ar '1r sije let l1n¿s
shall '~a ;,reviJeJ f.....r ;)\Ò1ic utiliti.:s whoJr" n~c"sury an:! shilll \.¿
~t l¿Jst 12 faet in wi~th.
2. Wher...,¡ su'dh·isi~n is tuverseJ :.'y .1 w.3t~r c{;urav, dr-Jin.1···!
w~y, canal or strea:\, th.;¡re shall ')t3 ¡;rovid",j 3 stom watur o.)<3s\Jr.¡.;;nt
',r Inìna~:e riJht-cf-way conf~min::- s~.~st~nti311y with the linos ,;f
such wster cours(; s, and such furthoar wiJth or construction, or :~th,
~s wi 11 ',<: 4-:fequ,sto fer th.e pur¡x·se. ¡:~rilll<11 streets (',r ¡."-'1rkw'lYs
r.uy \"¡e roquir~d ir. ccnnecticn therewith wh...rù nucêss~ry f;)r scrvic~
':'·r rn·Jint~n'1nc"'.
. :3. r;~s" I\Qnts!:1<JY ~~·a requirel f--'r .1r.:lin3qu [.;ur,:<'s<Js of such
31ze an·1 loc:at1or. 115 may"", letemin.,'-'! :~y tha .:tractor of I-V'lie W'~'rk!'l.
) . '-LOCKS
I
1. The lQn.:·th, w1:1ths ~n:! Sh1,XlS .,f '·Lcy.s shùll :» ,-~dornir..d :
with l\l'~ rEv:'1r \ t',:
,,) ;:'.1\'Í~;i',)li ~I (,Ie::~.:.t<; lIuil,Jin¡ ::;itr::;, :)'Üt';';lc t.-; tilr; ,~::I~C'Îr'l
r\·.:c<!G u' th" t.Y;,,':) of use c'Jlltcm;¡loterJ.
t) ~,')rd:1f~ 1·(;~.Jil'rnlt,"ïl~ ú3 t.CI 10~ =íZC3 tlr1'1 (~1r..'..f1~i':';;,3.
c) ::CC(~S fur conv~~'l1i:"'~t ~nù safe QCC1J:1:i, Cil-Cul'1i,Ír.r;, r~;¡l~:~l (:
pc-lestrirt¡¡11¡'.! \" ,.je:Ü<.1r tra I'{ ic.
"~I Li:~jt'1~!.'-'r.s an:' c~~crt:À¡¡ities of tOIJoe;ra;¡¡'ic l(~¡¡;·ll'(-.;,
. I
:". 'neck ltnft:';5 ::...11 ::~t exceed 1,320 feet nor be 1~~;3 ":: '-,
.' ,.t, Ll"lles5 fOoJr¡:;, -<;,,:'.dJ1JJé h'l the rlanni:,,: 3o!1rd.
~ ; '~,:e::t!'i~n :r0s::ï'·;¡::'ZS, n(,t less th!1?l 10 feet iTI '··idth ~:'.'! '::"
, .
:.( :l.: ;.".~ ~:':'~l¡:~;. ol-oc;';s ... 'hr 1,CcO f~(!t in lr,;n;;th \··j¡er·e n<::co:.:;.]·~!'.'" .::
~\.-."': 1!,¡r:·::-.~~t ~'l t:¡£ ~:'lanr¡inp' :3~ard ~o ' rovil1e ~rtle ani! cO:1vt:niC'n~ "~c-
'-:.5'; "to s:!lools, ¡:lal;::!'ou;:cì::, s!wrrb;'- center's, tl'al'ls:>(¡rt~t¡ül~ c:'
: t'1cr CO~I.iI,i t? !fI:iJ.i tics.
:~-: ? .:.:':F:::~¡;7.3
1. L,c let sizl::, ~"i2b, .Jeµth, srape and orientation, '!.nd the
~;¡~:;-\¡::: b'I:l:lir.;; setJ8ck li:,vs s;·,n11 be a!>propriate for the locllticn
"f t:ìf? 1;1J!)àivisicn :lnd :·::¡r Ü.e tYFe of develcp:nent and use contec-
~·la~(~. ~
~. ::i:Ü::l:.L-:1 buil~iI¡" J:te aree a:1<l yard restrictions shall be
,~:·;(,.~d by ~~e reqJi.!·('~.C"1.:: af t:.e zonin.; úrdina.:Jce of Delr/l? 13eac~.
J;.d a::l~n~~cnts thereto.
~ Corn(~ lots for r~~i~enti~l ase shall have extra. ~i~th t,
. .
¡::er::-.i t a~ .ro;.rbte ouiBi"l2: setbcck .from an~ orier:tation to b0th
str~_·...t::.
,; Inzof:J.r as üre,C'tic!J.He, dde lot lines shall be at rl;;:hC
',::,'~:; to strd¿)t rifr,t-of-;~aJ lines or racial to curved ri!-ht-of-
'l'; lir.es.
t. Dc~bl€ front~~e ~~d reverse frontage lots, shall be avoÅ~ed -..-
:;·::':~t "here de,;iN!.ble to pr'C'vi'le se:>aratio~ of residentLll ~eveloF-
.:::.: fro::: traffic art¡;>rie.. c,r to ov~rcol:le specific disaa\':lnta~~es of
"¡: :..!.:ltiO:1. J~ rlanti.'l;- scree:¡ casement of at lellst 10 feet and a-
. :'~s "':¡iÒ t~.e!'e S'~all be nc rii~!;t ')f acr::css, shall be pI'ovUed a-
u ,:.~ !':.<: lir.e ~:' l()~s eb..lttir.g such a traffic artery or ot:'er dis-
:~~~:~~~ous sltun~lon.
,. 6. :ver)' lot s>all a:.ut anon And l:ave r:er:nanent access to a pub-
C4C .;trect.
.,..,?^ ~I-"
. ..t::.._¡'. ;: ¡ ';,J.
fl.c ;-lar.::inc 30'irr! ::!!!.:: rcc~r.ì::¡elld, '''h<::n ar.ncxo. tionto the city is
',:;:ici::'ltcù, t~e åe'Hcation of hr.ds r:ithin tho sùbdiv¡sic:1 for l'ark
':--.': :'ctrc'l,:ion purt>osc3, '1.n aoou.''lt e1u£ll to at least five per cent of
~;¡e ;~rú:;s area of tM suHi·..isio~. n event the !11.1bdivi:;ion is too
::;¡r'l~l anti/or does not incluC:e a ¡:ark area, the subdivider r.¡a.~' be re-
:I..:i:'cd to !)ny to the City 3. sum uf !:loney, eq\la.l i:1 value to five pc!'
c:~.: ')f he p'rOS$ a:'ea c,£ the s&Jhùivi!!ion, ~hicf-¡ su.":I shall br:: heB
in '-3:;"0'" !lnt! u3ed by the City for tl1C purpoec of acquirinG' ;!lrks :-:r:
; ~~~~r:~nds anJ shall ~e used for this purpose and no other. ~hc a-
o ~~. :'.' ~.tic~(:d value s;wll JO be ....alue of the land su!)rliviJcd :'i ~hc::
:::,,~ r. \"P'::"r.ts and shall be determined jointly by the City Council f.n;
t~.o:. S".Jr~ivi(ler. If the City Council a.nd t:le subdjvidcr cannot a~:--~"~
'r. ~ 1'.:'\'1 v"lb~, th'Jn t!;e land value shAll be establl:3ìaed b~' r.i'l:-it:---
t~f'):1. -¡~e.Citj CcuncU shall e.p~oint.. professi?nallqn(~ apprai;!H,
tn~ 3ubdlvlder ap~oint ß professIonal land aFpr11SÐ~ and thC~Ð t~o
:.h~ll ~ppoint a third.
11
,.¡l ;:i.1.(>5 ',:C:1i. ·..d·¡ it¡ 11~!.:Jl'Jbicr¡ :'lats JC/' public' rl~rr·ep.~.i.ú¡¡
,'~¡ !., ·"!iç,~·.("I¡h t¡(, ¡JJt, Ilnj rJ]~o tlccdeJ to ehf.: Cit,:', for thj~
: II:'! _'.)".
~':;ìiC(;l, .> ¡-;-c.;
:1ca B sùb(~ivis10n '11irlyinci'l)l' ann.:x£1tion covel'S an lI.rea l'Ii thin
1"~dch tho InlJ:1 8cllch CO:.11'lty !3onrd of Public Instruction pcod res a.
c<"hl\:,l slte, µrovi:don sh.,ulù Le ~f1~e 1n the :>ubdivi,sion jJJat for SU-:;:.
,~chool ;;ite, pror\1rly lntcf'(ra.ted into t:1e )lqn:: of the :;.lhC:ivi:;ion.
,;tar'l1l': site I'quil'ement:: :Òa]1 be as 1'01 O\'!S:
Ele~entarv School 10 acre::
Junll)r or S€ nlor !íi~il Schol)l 20 acres
';c::tb~ned ~] ementary l\T¡d rligh School 25 acres
""hen a s~hool -site- has becn designated in a p1at th-e !lite shall
L::: reserved fol' a period cf one yc!\r fron date of recording. If the
;oar'd of ?ubllc Instructiún fl\ils to ~urchase th3 5i te, or to w'tke
,r~ú~~ement5 sati31~ctory to the subdlvider for the acquisition of
~~,(: "ite \':Í thin the one year period, the st.bdivlder may replat the N-
~1rved school site.
.: ~·~l'IC¡: ~_lli£EQVjoJ..F~JTS r·RE::~.f.:,:UI3JTE TO FI~;A1 APPROVAL
1. The fü~l?win~ tangible imp:ovement~, in accordanc~ ~~th the
plr.ns !1nd SpèClflc~tl"ns appNved ¡Jy the D1Nctor of fubl1c 'orks,
. rp. re-;'1Ìrcd before final plat approval in o~der to assure the physi-
1 reulity o{ a 5ubùivlsion ryhich ~p~roval ~nd recordation will es-
~lish legally. CC,115tNC'tioll shall e subject to the supêrvision of
;; )iI'cctor of Public '·"orks.
., ~2E.h
~.
a) At intcrsectjon of centerline of all streets install a
one inch lipc, bree feet lone emli~dded in .concr.et(u::i tþ'.. ..-"
the top f ush \'Ii ta the finishod p'1velllcnt.
b) All other lo~ corners sile 11 be marked \li th Il!'l iron ripe
not less tha.I! one-half inch in di8.J:1eter a.nd t¡-'enty-four
inches long and set so ~s to be flu¡:h ·.'~ith the f.ini.sbed_
:;rade.
c) r'ct'rn3nent rC1CrCnCf. r:lOnument:: $hall be as required bj'
Florida Flat La~.
r Grading
..:.
,~.ll streets, Cl'oss-ro::.lks and alleys ¡¡hall be gr:tued to their full
: ,It I. ":Jy the subdivider in acccrdal1ce wi t;}¡ the city specifications.
. to ~~écinl topo~rap~ic31 conditions èeviaticn to the above ~ill be
dc.~:eÙ only dth special approval uf t~~ Director of fublic '·'orks.
4. Storm Ür'linahe
An ad!;luate ùr lina~e ~yst(;m includir1:~ necessar~.' open àitc!1f!s, pi~c~,
~ul~~rts, intersectional èrains, inlets, 1ridges, atc., sh~ll be pro:
vided fer the proper druina~e v1' all surface \"later. Cros:! dnins
~h~11 be trovided to aCCODO ate all natural uater flo~ anå 5h~ll be ~f
(;'Ji'ficient length to permit f1¡1l t'li~th rOlldVlay and required slopes..
Jcvclcpers of subdivisions \':hose storm drai.nage sy:;tcr~ dls;:hprgl"S
~nto t.he Lake ';ortl1 Drairlage District shall contrJ.ct dth the lak"
::,rt\ í)r3ina~~ District for maintenance of dr!linago facilities prio:'
to ~~r.exation to tho City.
12
, .
5. lJavi"Jl'
~ll Btr~pL8 ~r tho uubJi,ision SJalJ bo paveJ Ly th~ o~b~ivldcr
~TI J ull accoI'dlll1CC ¡"it:l lhe St<.:clJ'iC!ltiVllS fCiI' pa....ing oJlïcia'ly a"
Jo~ted ùy t~c City of i}r1r....., etlch.
a)· Ii1nL:1'.II1I w11th. :\11 PQving~ :Jhall be nol loa8 in wi<1t'1 +1,81
tre fIJIlO\'lln/!,: ~lnor iI¡terlor stl'p,etg - 24 feet. nJ~:'
f'l!.Ve:nelit may be required by the rlannin'" Doc.I'd for coljr.; t-
or œn~ arterial streets.
6. SidcI"alk5
Sirlev!ll1k~ sh;'lll be j T.shlled on b"th sides of all :3 trects wi tu:'rl
~ ~ubdivision. Ul one family or two family rP,8i~ential areas, side-
l¡,¡lks ::¡hall be at lust five feet in width. In multi~lc f:lmily r::si-
.Jertbl areas, tue sirlevralks shall besh fëct ih wid h. In l-USLIP.b~,
.:;.,r.r.ercial and bdustrinl areas, side'.'alh shall be at leas~ ten feet
in v:idth. .\11 si<lcv: ,lks 8:\a11 be constl'ucted of c(\ncrete, .1t h '9t
£')11 inches in t,)ÍcJrness, increased to at least sh, i4ches a~ aJi
1 "':"..e:7a;,-s. Construct:ions s~al1 be in accordanoe with City specitica-
~ions :lnd shl\ll be st:bjcct (;0 t~e supe"vlsion of the Director of Pur·
:.Ü' ·:,'orks. 'rho! Hal"ninr: Boal'd mill uive the l'eaUlremðnt of sidewnlks
on streets in thoJC b¡ocks ~here thc avera~e wi th of lots is 200
:et t 0:' ~,ore or ~iu!re pnrk, rbi lrl)ad, cana vI' other use on Ohe sidE'
~f the ~treet aake5 a ~ide~a1k Qn that side not essential tor safety
,1 re1~$trians.
7. "·a t..: r su;>oll
:...l+:a ~l\Ìl"S !"rnperly eoanE:ct¿t} rrith the cit.7 'later suPPlh svstcm ..__
<;~:~ll ;¡~ proviåe:1 Ð.S to D.~e1untcl~' serve all lots ë.hown on .t e S'l!)'·
li'/lsion plat for both d('\r,¡e5dc use and !ire ¡..rot'3ction.
6. Sani t ~ry Sc\".!!!
...- ..-- -,_. -.-.
;¡,)re possible $ß11itl'rv sct'ler mains properly connected with the
; i. t~' se'.:era;e :'Y's¡;er¡ s:\J1l] bl! rroviè'ed. In a.ðC:i tion to ser/er mai113:
~"'''cr''.~s s~all be ir.shlJed to each lbtted lot and stubbed olf at
tn~ property line for future connect on.
-0_- ____ -.-. --..
he sanitr.ry scrre¿' :;yste:1 shan aho be sub~ect to the a¡>prov:Ü
)!' ~he Stl1tc Board of Health. T~e use oi' iß'!iVlJual septic tanks in
'cu of a s!lni tar:r te,¡er systel!l, l.'Therever such sewer system may be
. )nr.cctf'Cl to the ci ty scwera¡:e S\'3tem, shall not be perr.å tted ",i thol~t
:OI'¡¡ty ;!pa lth Depl\rtment ap!"roval.
~. ;>treet t;~c...§!!l!!.
:tr"et n~~e si~ns s~nll bp in~talle~ at the intersection of \11
'ret" carr,flng the street nWlles approved on the !lubdivision plat.
;ratLm desibn of str"ct n8J3e si&n! shall bl'! sl'bjcct to the ap:;I'ov' =
)f the ')irec~('!' of rublic . orks.
I-A:.;!:ú in f<'C:l:Jlar 3"8sion on s6cond l'nd iinal readlnf on this U.E:
~ 'la:' of !\pri , A. D., 19LA.
I
.~ f7F.ST: MA'YOI\ . -
,-
Clt'l (;.1crk ,
Fi,.~t ~eadin~ ,
3f>C C'>nd :~cad in!" 13
~.;~;~!;r. fiD(IP'!'j:ü
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[IT' DF DELAA' BEA[H
CITY CLERK 100 NW. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
....
AI"""
'lilt
1993
C E R T I F I CAT ION
I, ALISON MacGREGOR HARTY, City Clerk of the City of
Delray Beach, Florida, do hereby certify that the attached is a
true and correct copy of the definition of "Subdivision", as set
forth in Sec. 29-1, "Definitions", of the Zoning Code of the City
of Delray Beach, Florida, as of April, 1978.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
28th day of February, 1994.
o ¡f~/fn~,}(Æ /fltllr¢¡.
Alison MacGrego Harty
City Clerk
City of Delray Beach, Florida
SEA L
@ Pnn!ed on Recycled Paper THE EFFORT ALWAYS MATTERS
......- - _.... t.·
(a~) Street. A strip óf láDd, owned privately or publicly, Wiich
affords the principal means of access to abutting property. The
word "street" includes avenue, boulevard, expressway, lane,
parkway, place, road, sqÙare, thoroughfare, throughway, or
however otherwise designated within the above mentioned right-of-
way.
(83) street Centerline. The line midway between the right-of-way linp.s.
(84) Street Line. A dividing line between land and a contiguous street.
(85) Street - private. Any street which has not been dedicated for
public use and not accepted for ownership or maintenance by the
City of Delray Beach. setbacks for private streets shall be
measured from the access easement line. See Chapter 23.
(86) Street ..;. Public. Any street which is dedicated to the public
use and accepted for ownership and maintenance by the City of
Delray Beach. Setbacks for public streets shall be measured
from the right-of-way line. See Chapter 23.
(87) Structure. Anything constructed or erected with a fixed location
on the ground, or attached to something having a fixed location
on the ground.
(88) Subdivision. The division of a parcel of land into two (2) or
more lots, or parcels for the purpose of transfer of ownership.
(89) Townhouse. A building or structure designed for 0; occupied by
no more than one (1) family or household, and attached to at
least two (2) or more similar buildings or structures by not
. more than two (2) party walls. extending from the foundation to
the roof, and providinc¡ two (2) direct means of access from the
outside. Each dwellinc¡ unit shall contain cooking, sleeping, and
sanitary facilities for use by each family or household of the
townhouse. See Sec. 29-17 (P).
.
(90) unity of Title.· A document recorded in the Office of the Clerk
of the Circuit Court of palm Beach COunty, stipulating that a
lot, lots, or parcels of land shall be held under single
ownership, shall not be elic¡ible for further subdivision, and
shall not be transferred, conveyed, sold, or divided, in any
unit other than in its entirety.
(91) Use - Principal. A primary purpose for which land or build ing
i. used.
(92) Used Car Lot. A lot or group of contiguous lots used for the
storage, display and sales of used automobiles and where no
repair work is done except the necessary reconditioning of the
cars to be displayed and sold on the premises.
(93) Used Car Junkyard. A lot or group of contiguous lots used for
the dismantling or wrecking of used automobiles or the storage,
sale or dumping of dismantled or wrecked cars or their parts.
-9-
.u _
-
[ITY DF DELAAY BEA[H
" . ',. 'J"""; '·"'KK 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
':<# 1 ~ r -\." L.:.C
b:e:d
..---car
, III I!
1993
C E R T I F I CAT ION
I, ALISON MacGREGOR HARTY, City Clerk of the City of
Delray Beach, Florida, do hereby certify that the attached is a
true and correct copy of the definition of "Subdivision", as set
forth in Section 29-1, "Definitions", of the Zoning Code of the
City of Delray Beach, Florida, as of May, 1967.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
28th day of February, 1994.
() çJMnær~J.(¡ r !In J*
Alison M cGrego Harty
City Clerk
City of Delray Beach, Florida
SEA L
® ;.J~~,'~-J -: "' qp:",~ e'-¡ ?d::'t?r THE EFFORT ALWAYS MATTERS
--.- . .
~ r -~
. . ,. "'- "
'.
,
I
!
§ 29-2 !
§ 29-1 ZONING !
(52) Subdivision. A division of land into two or more lots,
plots or sites.
(53) Trailer sales. A place where trailer coaches (mobile
homes) are stored and/or displayed for sale, either upon
an open tract or parcel of land or building or both.
(54) Used car lot. A lot or group of contiguous lots used for
the storage, display and sales of used automobiles and
where no repair work is done except the necessary recon-
ditioning of the cars to be displayed and sold on the
premises.
(55) Used car junk yard. A lot or group of contiguous lots
used for the dismantling or wrecking of used automobiles
or the storage, sale or dumping of dismantled or wrecked
cars or their parts. ...
(56) Yard. An open space on the same lot with a building, ,
-j
unoccupied and unobstructed from the ground upward, I
except by trees or shrubbery or as otherwise provided
herein. j
(57) Yard, front. A yard across the full width of the lot,
extending from the front line of the building to the front ~-~-~~. j
line of the lot, excluding steps.
(58) Yard, rear. A yard extending across the rear of a lot
measured between lot lines and being the minimum hori-
zontal distance between the rear lot line and the rear
of the main building or any projections other than steps,
unenclosed balconies or unenclosed porches. On corner
lots the rear yard shall be considered as parallel to the
street upon which the lot has its least dimension. On
both corner and interior lots the rear yard shall in all
cases be at the opposite end of the lot from the front
yard.
(59) Ya1"d, side. A yard between the building and the side
line of the lot and extending from the front lot line to
the rear lot line. (Ord. No. G-234, § 1, 3-26-56; Ord.
No. G-383, § 1, 1-23-61.)
( 60) CluJter Development. "A group of dwelling units, single
or multiple, developed around or throughout an open
space area, which area is owned in common by all owners
living within the specific area."
Supp. No. 15
307
. "
.
.
,
. .
£IT' DF DELHAY BEA[H
"¡TV ~LERK 1 ao\!. 'N. ' iC A V E 0J U E . OELRAY BEACH, FLORIDA 33444 . 407/243-7000
~;j -oJ
.....
AI AJllllcln
'1111.
1993
C E R T I F I CAT ION
I, ALISON MacGREGOR HARTY, City Clerk of the City of
Delray Beach, Florida, do hereby certify that the attached is a
true and correct copy of Chapter 24, "Subdivisions", of the Code
of Ordinances of the City of Delray Beach, Florida, as of April,
1978.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
28th day of February, 1994.
(J I, Mn'fætJv 'r' J/nliI¡-
Alison McGregor. Harty
City Clerk
City of Delray Beach, Florida
SEA L
® p. ~,~, _.- ;C;p.'. - 0'1 P JO v THE EFFORT ALWAYS MATTERS
- ., '- ., _, ~ . ',' ~- - ". t;
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t
Chapter 24
SUBDIVISIONS·
Art. I. In General, §§ 24-1-24-14
Art. II. Approval. and Procedure., §§ 24-15-24-28
Art. III. Design Standards, §§ 24-29-24-47
Art. IV. Required Improvements, §§ 24-48-24-57
.It ARTICLE I. IN GENERAL
Sec. 24-1. Applicability.
(A) No subdivision of any lot, tract or parcel of land shall be effected. no street,
sanitary sewer. storm sewer. water main or other facilities in connection therewith
shall be laid out. constructed, opened or dedicated for public use and travel, or the
common use of occupants of buildings abutting thereon except in strict accordance
with the provision of these regulations and pertinent Florida Statuteø.
(B) The provisions contained herein shall apply to all land within the limits of the
city, or proposed for annexation thereto.
(C) The subdivision review process shall involve both the plana... and zoning
board and the city council. The planni.. and ZOIÚDg board. 0IIIy. shall review sketch
plans and pr~1i'lftinA.y plata. AD appruoval by the plAnning and zolliDg board of a
sketch plan or preliminary plat shall be deemed a tentative approval until the city
council has approved the final plat. A denial of a sketch plan or preli'lftiuapY plan by
the planning and zoning board shall be deemed a final denial. The ¡mal plat shall be
. reviewed first by the planning and zoning board. which shall after ita review make a
recommendation to city council either to approve, approve with conditions or
disapprove the ¡mal plat request. The city council shall be the ¡mal decløion making
body in the subdivision approval proceS8. and shall act .. such on the final plat
request. The city council may accept or reject the recommendation of the plAnni"g and
zoning board and may approve. approve with conditions or deny the final plat request.
(D) Adminiatrative and staff personnel shall act in an advisory capacity to both
the planning and zoning board and city council. Administrative and staff personnel,
despite any references in their regulations to the contrary, have no authority,
independent of the plAnning and zoning board and city council to impoee requirements
on persons or entities procesaing requests hereunder. (Code 1955. § 23A-l(A); Ord. No.
38-77, § 1,.12-12-77; Ord. No. 11-78. § 1, 2-27-78)
·Croaa referencea-Building regulations, generally, Ch. 9; signa for subdivision
developments, § 9-212(A); flood hazard regulations, § 9-413 et øeq.; plAnning and
zoning generally, Ch. 19; streeta and sidewalks generally. Ch. 23; street construction
and repair, § 23-15 et øeq.; water and sew~rs, Ch.29; zoning ordinance, Ch. 30.
1579
.
§ 24-2 DELRA Y BEACH CODE
Sec. 24-2. Purpo.e.
The purposes of this chapter are:
(A) To protect and provide for the public health, safety and general welfare of
the city.
(B) To guide the future growth and development of the city in accordance with
its Comprehensive Plan.
(C) To provide for adequate light, air and privacy, to secure safety from fire,
flood and other danger, and to prevent overcrowding of the land and un-
due congestion of population.
(D) To encourage the orderly and beneficial development of all parts of the
city.
(E) To protect and conserve the value of land, buildings and improvements
throughout the city.
(F) To guide public and private policy and action in order to provide adequate
and efficient transportation, water, sewerage, schools, parks, playgrounds,
recreation and other public requirements and facilities.
(G) To establish reasonable standards of design and procedures for subdivi-
sions and replats, in order to further the orderly layout and use of land,
and to insure proper legal descriptions and monumenting of subdivided
land.
(H) To preserve the local natural features and resources in order to protect the
integrity" stability and beauty of the community and the value of the land.
(Code 1955, § 23A-l(B); Ord. No. 38-77, § 1, 12-12-77)
Sec. 24-3. Con.truction of term. cenerally.
As used in this chapter, words in the singular include the plural and those in the
plural include the singular. The word "person" includes a corporation, unincorporated
association and a partnership, as well as an individual. The word "building" includes a
structure and· shall be conatrued as if followed by the phrase "or part thereof." The
word "street" includeø street, highway, thoroughfare, parkway, throughway, road,
alley, avenue, boulevard, lane, place or however otherwise deøigDated. The word
"watercoUl'M" includeø channel, creek, ditch, drain, canal, dry run, spring and stream.
The word "may" Î8 permiaaive; the words "shall" and "will" are mandatory. (Code
1955, § 23A-2(A); Ord. No. 38-77, § 1, 12-12-77)
Sec. 24-4. Definition..
As used in this chapter:
(A) ALLEY means a right-of-way providing a secondary means of acceøs and
service to abutting property and not intended for general traffic circulation.
1580
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SUBDIVISIONS I 24-j
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(B) BLOCK is a tract of land bounded by streets, or by a combination of streets
and public parka, cemeteries, railroad rights-of-way, shorelines of waterwaya, or
boundary linee of municipalities.
(C) BOARD me8D8 the planning and zoning board of the city.
(D) BOND is a form of security including a cash deposit, surety bond or
instrument of credit in an amount satisfactory to the city engineer and form approved
by the city attorney.
(E) CITY COUNCIL me8D8 the city council of the City of Delray Beach.
(F) EASEMENT is a right-of-way granted for limited use of private property for a
public or quai-public purpoee.
(G) ENGINEER means a penon registered to practice engineering by the Florida
State Board of En,ineer and Land Surveyors Ezaminers.
(H) LAND SURVEYOR me8D8 a land surveyor registered under Chapter .72,
Florida Statutea, who is in good standing with the Florida State Board of Engineers
and Land S\U'Veyon.
(I) LOT ia a tnc:t, plot or portion of a subdivision or other parcel of land intended
as a unit for the purpoee, whether immediate or future, of tranafer of ownership or for
building developmeat.
(J) PLAT mMD8 a map or delineated repreeentation of the subdivision of lands
being a complete eact representation of the subdivision and other information in
compliance with the reQuirements of all applicable sections of thia chapter and other
ordiDaD~.
(K) REPLA T of a subdivision ia a change in a map of an approved or recorded
subdivision plat if .uch change affects any street, block or lot layout.
(L) RIGHT-OF-WAY me8D8 land dedicated, or deeded, used or intended to be
used, for a street, alley. walkway. boulevard. drainage way or acceu for ingreu and
certain other purpoeea by the public or certain deeignated individuaJa or goveming
bodiee.
(M) SKETCH PLAN means a sketch prepared previous to preparation of the
preliminary plat to enable the subdivider to save time and ezpenae in reaching general
agreement with the planning and zoning board .. to the form of the plat and the
objectivee of thia chapter.
(N) STREET:
(1) Acce.. roadway ia a private roadway intended for acceu from private
reeidence8 or private parkin¡ to a public or private street. Acceu roadway
shall not ezceed .iz hundred (600) feet in lencth or projected traffic count
of one thouund (1.000) tripe per day.
Supp. No. 42
1581
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I 24-4 . DELRA Y BEACH CODE
(2) Arterial street is a street which conveys traffic (rom collector streets to
expreøøways and other collector streets.
(3) Collector street is a street which carries traffic (rom local streets to arterial
streets and includes the principal entrance streets from a subdivision or
development where projected traffic count on said collector street exceeds
two thousand (2,000) tripe per day.
(4) Cul-de-sac is a street with only one outlet and having an appropriate
terminal for the safe and convenient revenal o( traffic movement.
(5) Marginal access street is a street which is parallel and adjacent to another
street, the principal purpose of marginal access streets being the reduction
or elimination of the number of traffic cont1ictø cauaed by direct accesa
points to abutting property from the other street, and the improvement of
capacity, safety and reduction of accidents thereby.
(6) Private street is any street which has not been dedicated for public use and
not accepted for ownerahip or maintenance by the city. Setbacks for
private streets .hall be measured from the acceu easement line.
(7) Public .creet is any street which is dedicated to the public \1M and accepted
for ownenhip and maintenance by the city. Setbacb for public streets
shall be measured from the ri¡ht-of-way line. -
(8) Re.idential .creet ia a street couveyinc traffic from private reeideuce to
collector streeta.
(0) SUBDMSION means any land, vacant or improved, which is divided or proposed to
be divided into two (2) or more lots, parcels, sites, units or plots for the purpose of offer, sale,
lease or development, either on the installment plan or upon any and all other plans, terms
and conditions. Subdivision includes the division or development of residential and nonresi-
dential zoned land, as well as the division of units, whether by deed, metes and bounds
description, devise, intestacy, lease, map, plat or other recorded instrument. For purposes of
this chapter, subdivision includes condominiums, cooperatives and rental units. Subdivision
includes resubdividing as replats.
EXEMPl'IONS TO SUBmyISIONS:
(1) The proposed construction of a new building or structure occupying a previously
platted lot in its entirety, to be maintained under a single ownership, or condomin-
ium occupied by the owner or lessees holding leases other than a divided land lease or
ownership, whereon no additional right-of-way is required.
(2) A duplex or triplex residence on an existing street, requiring no extension of water
and sewer services.
(3) The combination or recombination of portions of platted lots where no additional lots
are created and the new lots created conform to the development regulations of the
Supp. No. 42
1582
I
.
SUBDMSIONS § 24-14
t
Zoning Code for the applicable zoning district in which the properties are located. A
survey of the revised lot layout shall be filed with the city engineer.
(4) The sale or exchange of parcels of land to or between adjoining property owners
where such sale or exchange does not create additional lots and does not reduce any
lot to an area less than the development regulations of the Zoning Code for the
applicable zoning district in which the properties are located, and no dedications or
improvements are required under this chapter, A survey of the revised lot layout
shall be filed with the city engineer. ,
(5) Conveyance of undivided interests in previously platted lots subject to conformance
to the development regulations of the Zoning Code for the applicable zoning district
in which the property is located.
(P) ZONING ORDINANCE means the zoning ordinance of the city and amendments
thereto. (Code 1955, § 23A-2(B); Ord. No. 38-77, § 1, 12-12-77; Ord. No. 62-87, § 1,8-11-87)
Secs. 24-5-24-14. Reserved.
Supp, No, 42
1582.1
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SUBDMSIONS § 24-16
,
ARTICLE II. APPROVALS AND PROCEDURES
Sec. 24-15. General procedure.
Whenever any subdivision of land is proposed, before any contract is made for the
sale of any part thereof, and before any permit for the erection of a structure in such
proposed subdivision shall be granted, the subdividing owner, or his authorized agent,
shall apply for and secure approval of such proposed subdivision in accordance with
the following procedure, which includes basically two (2) steps for a minor subdivision
and three (3) steps for a major subdivision:
(A) MINOR SUBDIVISION:
Pre-submission conference (sketch plan);
Final subdivision plat.
(B) MAJOR SUBDIVISION:
Pre-submission conference (sketch plan);
Preliminary plat;
Final subdivision plat.
(Code 1955, § 23A-3(A); Ord. No. 38-77, § I, 12-12-77)
Sec. 24-16. Pre-submission confereDee.
Prior to the preparation of the l'mal plat in the case of a minor subdivision and
prior to the preparation of the preliminary plat in the case of a major subdivision, the
subdivider will have a pre-submission conference with the planning and zoning board
to review the sketch plan and to discU88 different aspects of the subdivision
regulations.
(A) MINOR SUBDIVISION. If a minor subdivision as del'med in this chapter, the
sketch plan shall consist of the deed description and a land surveyor's map of
the area being subdivided. Once the sketch plan has been reviewed at the
pre-submission conference the subdivider may proceed to prepare the l'mal plat
in accordance with the requirements hereinafter contained.
(B) MAJOR SUBDMSION.lf a major subdivision as del'med in this chapter, the
sketch plan shall include the following information.
(1) A scaled map with subdivision name, north point, graphic scale and date,
showing a survey of the property to be subdivided. Map should be at least
as large 88 two hundred (200) feet to the inch.
(2) The name of the owner and all adjoining property owners 88 indicated by
current tax records.
(3) The boundaries of the area which is to be subdivided and the distance to
the nearest existing street intersection.
(4) All roads platted or built, utilities available and watercourees in and within
five hundred (500) feet of the proposed subdivision.
1583
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§ 24-16 DELRA Y BEACH CODE
(5) All existing structures, wooded areas and other significant land features.
(6) Low, swampy areas and areas subject to flooding within the proposed
subdivision.
(7) All existing restrictions on the use of the land including deed restrictions,
easements and zoning lines.
(8) Proposed pattern of streets, blocks and lots.
(9) Number of lots proposed, typical lot width and depth, building type
contemplated, general indication of utilities to be provided, and any
proposed zoning changes, easements or deed restrictions.
(10) Areas to be used for parks, playgrounds or other common use.
Following the pre-submission conference the subdivider will submit to the
planning department three (3) copies of the sketch plan for review of streets, drainage
and utilities considerations. The planning department will coordinate the review
process with other city departments as applicable, and check the proposed street
names. After the aforementioned reviews the subdivider may proceed to prepare a
preliminary plat in accordance with the requirements hereinafter contained. (Code
1955, § 23A-3(B); Ord. No. 38-77, § 1, 12-12-77)
Sec. 24-17. Preliminary plat.
(A) GENERAL PROCEDURE: -
(1) Seven (7) copies of the preliminary plat shall be f'tled with the planning
department, which will distribute copies to the city engineer, public utilities
department and other city departments when applicable, at least twenty
(20) days prior to the planning and zoning board meeting at which it is to
be considered. Plat and supporting data shall comply with the provisions
of subsection (B) of this section.
(2) The city engineer, the public utilities department and other departments
when applicable, shall review the preliminary plat for general engineering
and for conformance with pertinent provisions of this chapter. The
¡>lanning department shall review the preliminary plat for all land
planning related considerations including open space, recreation and
educational requirements, as well as street numbering and naming. The
reviews shall be completed and comments from each review sent to the
planning and zoning board, within ten (10) days of receipt of the
preliminary plat.
(3) Within ten (10) days of receipt of the above-mentioned reviews the planning
and zoning board will meet to consider the preliminary plat. The
subdivider or hia repreaentative should attend this meeting. The planning
and zoning board may tentatively approve, tentatively approve with
conditions or deny the preJirninary plat request.
1584
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.
SUBDMSIONS § 24-17
t
(4) If the planning and zoning board has tentatively approved or tentatively
approved with conditions acceptable to the subdivider, the preliminary
plat, then it shall be signed in the spaces provided thereon by:
The subdivider.
Chairman of the planning and zoning board.
City engineer.
Director of the planning department.
Director of the public utilities department.
Director of parks and recreation department (when applicable).
Chief of the fire department (when applicable).
(B) PRELIMINARY PLAT REQUIREMENTS. The preliminary plat shall be
drawn to the scale of not more than one hundred (100) feet to the inch provided,
however, that a scale of two hundred (200) feet to the inch may be used for large areu.
Size of sheets shall be twenty-four (24) inches by thirty-six (36) inches, plainly titled
"Preliminary Plat" and shall show the following:
(1) Date, north point and scale.
(2) Name of proposed subdivision. Name shall not duplicate or closely approximate
the name of any other subdivision in the county.
(3) Location sketch related to city limits.
(4) Name of subdivider and address.
(5) Name, address and seal of registered engineer and surveyor responsible for the
plat.
(6) Location and name of adjacent subdivisions.
(7) Boundary line of the tract to be subdivided drawn accurately to scale and with
accurate linear and angular dimensions.
(8) All existing watercourses, drainage ditches, canals and bodies of water on or
adjacent to proposed subdivision.
(9) All existing buildinp on the proposed subdivision and all exiating sewers,
water mains, culverte, r1l'e hydrants, underground or aboveground utilities on
or adjacent to the proposed subdivision.
(10) All existing streets and alleys on or adjacent to the tract including name,
classification, right-of-way width and pavement width. Existing streets shall
be dimensioned to tract boundaries.
(11) All existing property lines, easements and rights-of-way and the purpose for
which the easements or rights-of-way have been establiahed.
(12) Location, width of all proposed streets, alleys, rights-of-way and easements,
purpose of easements, proposed lot lines for each street. Indicate vacation of
e.xisting right-of-way within the subdivision if vacation is necessary for
recording of new plat.
1585
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§ 24-17 DELRA Y BEACH CODE
(13) Sites, if any, to be reserved or dedicated for parks, playgrounds or other public
uses.
(14) Sites, if any, for multiple family dwellings, shopping centers, churches, industry
or other nonpublic uses exclusive of single-family residential uses.
(15) Locations and size of proposed water, sewer, drainage facilities, fire hydrants
and other utilities on the land to be subdivided and on land within one
hundred (100) feet thereof. This information to be prepared by a registered
engineer and surveyor.
(16) Site data, in tabular form, including total area, number of residential lots.
typical lot sizes, areas in parks and other uses.
(17) Complete solution to drainage problems including positive and final outfall
prepared by a registered engineer. Accompanying the preliminary plat there
shall be a letter of approval from the agency controlling the body of water
receiving the effluent from the subdivision storm drainage outfalls.
(18) Planting plan for public right-of-way showing types, sizes and spacing of
trees.
(19) Space and forms for the following signatures indicating approval:
The subdivider;
Chairman of the planning and zoning board;
City engineer;
Director of planning department;
Public utilities department;
Parks and recreation department (when applicable);
Chief of the rue department (when applicable).
(20) Existing and proposed contour lines with one foot intervals.
(21) Where the proposed plat covers only a portion of the subdivider's entire
holding, sketch shall be submitted showing the contemplated street layout and
proposed use ,for the balance of the property. (Code 1955, § 23A-3(C); Ord. No.
38-77, § 1, 12-12-77; Ord. No. 11-78, § 2, 2-27-78)
Sec. 24-18. PIDa1 plat.
(A) GENERAL PROCEDURE:
(1) Receipt of the signed copy of the tentatively approved preliminary plat
constitutes authorization for the subdivider to proceed with the preparation
of plans and specifications for the final plat. Prior to the construction of
any improvements required or to the submission of a bond in lieu thereof,
the subdivider shall furnish the city engineer all plans, information and
data neceuary to determine the character and adequateness of site
1586
.
.
SUBDMSIONS § 24-18
t
improvements. These plans shall be examined by the city engineer and
staff and will be approved if in accordance with all regulation
requirements.
(2) The subdivider shall, within six (6) months after approval of the
preliminary plat, file five (5) copies of the final plat in final form with the
planning department or the approval of the preliminary plat will lapee.
Copies shall be transmitted to the city engineer, to the public utilities
department and other departments when applicable for their examination
and comments.
(3) The final plat shall conform in all important respects with the preliminary
plat as previously approved and shall incorporate all modifications and
revisions specified in the approval of the preliminary plat. The subdivider
may submit a (mal plat which constitutes only a portion of the approved
preliminary plat and which he proposes to record and develop at the time,
as long as such portion conforms to all the requirements of this chapter.
Requirements include conformance of partial plat and balance of property
with contemplated street lay-out and proposed uses for the entire land
holding as shown and approved in the preliminary plat. See section
24-17(8)(21).
.
(4) Within ten (10) days of the receipt of the application for ('mal approval the
city engineer, public utilities department, planni"g department and other
departments when applicable shall notify the planniDg and zonin¡. board
in writing of their comments and recommendations. The planning and
zoning board will review the ('mal plat and staff comments, and submit its
compliance certification, together with the comments and recommenda-
tions of the city staff to council at least twenty (20) days prior to the
council meeting at which the final plat is to be considered.
(5) After receiving the required ('mal plat certification from the planning and
zoning board and the comments and recommendations of the city staff, the
city council may give approval to the ('mal plat with the provision that
such app~oval is contingent on receipt by the city of a surety deposit
covering the coet of all improvements required by the subdivision
regulations, or certification by the city Inan..ger that all required
improvements have been properly installed.
-
(6) In lieu of the immediate installation of the requind improvements the
subdivider øhall either:
(a) File with the city clerk a surety bond, or other equivalent security
instrument, conditioned to secure the construction of the required
improvements in a øatisfactGry manner and within a time period not to
exceed one year. Said bond shall be executed by a surety company
authorized to do buain... ~ the State of Florida and having a resident
1587
.
§ 24-18 DELRA Y BEACH CODE
agent in Palm Beach County. No such bond shall be accepted unless it
is enforceable by/or payable to the city in a sum at least equal to the
cost of constructing the improvements as estimated by the city
engineer and in form with surety and conditions approved by the city
attorney, or;
(b) Deposit with the city or place in escrow cash, cashier's check or a
certified check in an amount equal to the cost of constructing the
improvements as estimated by the city engineer. The city manager
may release portions of this security deposit as the work progresses to
his satisfaction.
(7) If the final plat is approved by the city council, it shall be signed in the
spaces provided thereon by: Subdivider, chairman of the planning and
zoning board, city engineer, director of planning department, public
utilities department, parks and recreation department (when applicable),
chief of the fire department (when applicable), and any other signatures of
the city that may be required by state statutes.
One copy shall be returned to the subdivider, one copy to the planning and
zoning board, one copy to the city engineer, one copy to the planning
department and one copy to be retained in the files of the city council.
(8) Within sixty (60) days following receipt and acceptance by the city of the
surety deposit or notification by the city manager that all required -
improvements have been properly installed, the subdivider shall file a true
copy of the plat as approved, with the Clerk of the Circuit Court of Palm
Beach County, Florida.
(9) When the plat has been recorded, four (4) copies thereof shall be filed with
the city clerk, who shall distribute one each to the planning and zoning
board, city engineer, planning department and city council.
(10) No building permit shall be issued until the fmal plat has been recorded
with the Clerk of the Circuit Court of Palm Beach County. No temporary
or fmal certificate of occupancy shall be issued until all required
Unprovements have been installed.
(11) The subdivider'. engineer and/or surveyor shall provide all layout and field
inspection work. He .hall also certify all improvements as having been
completed in accordance to approved plans and specifications and to
provide uas-built" plana.
(B) FINAL PLAT REQUIREMENTS: The final plat shall be clearly and legibly
drawn in ink on tracing paper, or milar, to a scale of not more than one hundred (100)
feet to one inch. Individual sheets, their size, marginal lines and other drafting
considerations shall comply with the Palm Beach County requirements for the
recording of plats. Where the fmal plat of a proposed subdivision requires more than
one sheet, each sheet shall be keyed to a master map with appropriate marks of
identification. The final plat shall include the following information.
1588
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SUBDIVISIONS I U-18
,
(1) Location sketch showing location of subdivision with reøpect to øection or
government lot lines.
(2) Boundary lines drawn in compliance with Chapter 177 Mape and Plata. Florida
Statutes. as amended.
(3) The exact names, locations and widths along the property lines of all uiating
or recorded streets intersecting or paralleling the boundaries of the tract.
(4) The accurate location and material of all permanent reference monumenta.
(5) The exact layout including street and alley lines, street names. bearinga angles
of intersection and widths (including widths along the lin.. of any obliquely
intersecting street), lengths of area and radü, points of curvature and tangent
bearings; all easements or rights-of-way where provided; all lot lin.. with
dimensions in feet and hundredths and with bearinga or angle. of other than
right angles to the street or alley lin...
(6) Lots numbered in numerical order betinning with number one in each block.
and blocks numbered in numerical order or lettered in alphabetical order.
(7) The accurate outline of all property which Í8 to be dedicated or reserved for
public use including open drainage counee and suitable euementa. and all
property that may be reserved by covenanta in deeds for the common use of the
property owners in the subdiviaion. with the purpoeee indicated thereon.
(8) Names and locations of adjoining subdiviaiona. if any. the adjacent portiona of
which shall be shown in outline form.
(9) Acknowledgement of the owner or owners and alllienholden to the plat and
reøtrictiona. including dedication to public use of all streets. alleys. parb or
other open spaces shown thereon and the granting of the required easements.
(10) Private restrictiona and/or truø~hipe and their period of emtence. Should
these reøtrictiona be of such length as to make their lettering on the plat
impracticable and thua neceuitate the preparation of a øeparate inatrument,
reference to such inatrument shall be made on the plat.
(11) The certificate of the rqiatered land surveyor at_tin¡ to the accuracy of the
survey and that the permanent reference monumenta to such inatrument shall
be made on the plat.
(12) Space and fonna for the following neceøøary signatureø indicating approval:
Thoee øet forth in parqraph (A)(7) of this section.
(13) Subdiviaion name or identifyin¡ title.
(14) North point, øcale and date.
(15) Name of record owner and subdivider.
Supp. No. 35 1589
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§ 24-18 DELRA Y BEACH CODE
(C) REPLA'ITING: Any change in an approved or recorded subdivision plat, if such
change affects any street layout shown on such map, or area reserved or dedicated thereon for
public use, or any lot line, or if it affects any map or plan legally reached prior to the adoption
of any regulations controlling subdivisions, will constitute a replat and shall comply with the
same procedure, rules and regulations as for a subdivision, Provided that, an applicant shall
only be required to obtain preliminary plat approval for a replat which would result in the
creation of a single lot (boundary replat) from a single lot or the combination of full platted
lots, and where it has been determined by the planning and zoning board that no additional
rights-of-way or easements are needed. IT such a boundary replat is the result of combining
full platted lots, a unity of title acceptable to the city attorney shall be required as a condition
of approval.
(D) VACATION OF PLATS:
(1) Any plat or any part of any plat may be vacated by the owner of the
premises at any time before the sale of any lot therein provided that
vacatina ia approved by the city council after receivin¡ the pertinent
certification from the plannin¡ and zonin¡ board, and ~mmenta and
recommendationa of the city en¡ineer and planninl director with reapect to
adequateneu of the propoeed action and ita implicationa on public n.hta
in any of ita public \1188, improvementa, streeta and alleys. -
(2) The written inatrument by which the vacation ia to be accompliahed shall
have a copy of the plat or part thereof to be vacated attached declaring the
same to be vacated. The fonn of the written inatrument shall be subject to
the approval of city council.
(3) Such an inatrument shall be submitted, approved and recorded in like
manner u plata of subdiviaionø; and bein¡ duly recorded shall operate to
destroy the force and effect of the recordin¡ of the plat so vacated, and to
diveat all public n.hta in the streets, alleys and public ground8, and all
dedicationa laid out or dMCribed in such plat.
(4) When Iota have been sold, the plat may be vacated in the manner herein
dMCribed provided that all the ownen of Iota in IUch plat jOin in the
eucution of IUch writiDi. (Code 1956, I 23A-3(D); Ord. No. 38-77, I I,
12-12-77; Ord. No. 11-78, §§ 3,4,2-27-78; Ord. No. 141-85, § 1, 1-14-86)
Sec.. 24-19-24-_ ....n_
,
Supp. No, 35
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·
SUBDIVISIONS § 24-29
,
ARTICLE III. DESIGN STANDARDS
Sec. 24--29. GeDeral coDlorm.Dce at..d.rda.
(A) Whenever a tract of land to be 8ubdivided embraces any part of a deøipated
plan element such part of the plan øhall be included in the propoøed lubdiviaion. Said
plan elementa may include public thoroughfares, parb, institutional lites, drainage
courøeø or other 8uch elementa.
(8) All propoøed lubdiviaioDa øhall be deaiped to conform with at leut, the
minimum city zo!ûnl and buildin¡ reeWatiODa for the area in which the propoøed
lubdiviaioD will be located.
Supp. No. 35
1590.1
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.
SUBDMSIONS § 24-30
,
(C) Land which is found to be unsuited for subdivision due to poor soil qualities,
flooding, poor drainage, or other features likely to be harmful to the health, safety and
general welfare of future residents shall not be subdivided, unless adequate methods ot
correction are formulated by the subdivider and approved by the city engineer. (Code
1955, § 23A-4(A); Ord. No. 38-77, § 1, 12-12-77; Ord. No. 11-78, § 6, 2-27-78)
Sec. 24-30. Street..
(A) The arrangement, character, extent, width, grade and location of all streets
shall conform to the streets and highway plans of the state, county and city
respectively, and shall be considered in their relation to existing and planned streets, to
topographical conditions, to public convenience and safety, in their appropriate
relation to the proposed uses of the land to be served by such streets and the most
advantageous development of the surrounding neighborhood.
(B) The location of all arterial streets in the proposed subdivision shall conform in
general alignment to the comprehensive plan of the city.
(C) The proposed street layout shall provide for the continuation or projection of
existing streets in the surrounding areas unless the planning and zoning board deems
such extension undesirable for specific reasons of topography or design. Any new
street that is an extension of an existing street shall. have the same width of
right-of-way and be paved to the same width as the existing street provided that it
must meet the minimum construction standards of these regulations.
(D) Proposed streets shall be extended to provide acceeø to adjoining property
where necessary.
(E) Residential streets and access roadways shall be laid out to discourage through
traffic, but provision for street connections into and from adjacent areas will generally
be required.
(F) Where a subdivision abuts or contains an existing or proposed arterial street,
the city may require marginal access streets, reverse frontage with screen planting
contained in a non-acceøø reservation along the rear property line, deep lots with rear
service alleys, or such other treatment as may be necessary for adequate protection of
residential properties and to afford separation of through and local traffic.
(G) Where a subdivision borders on or contains a railroad right-of-way,
expressway. drainage canal or waterway, the city may require a street approximately
parallel to and on each side of such right-of-way, at a distance suitable for the
appropriate use of the intervening land. Such distance shall also be determined with
due regard for the requirments of approach grades for future bridges or grade
separations. .
(H) Reserve strips controlling ace.. to streets shall be prohibited except where
their control is definitely placed in the city under approved conditions.
1591
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§ 24-30 DELRA V BEACH CODE
(I) Every subdivided lot or property shall be served from a publicly dedicated street
or a private street designed and built in accordance with this chapter.
(J) Unless contiguous to an existing subdivision with a half street, half streets
shall not be permitted.
(K) Dead end streets are prohibited except those designed to be so permanently.
Permanent dead end streets shall not exceed one thousand (1,000) feet in length, and
shall be provided at the closed end (cuI-de-sac) with a turnaround having an outside
roadway diameter of at least eighty (SO) feet, and a street property line diameter of at
least one hundred (100) feet.
The planning and zoning board may recommend to city council, that permanent
dead end streets be longer than one thousand (1,000) feet, when they would help to:
(1) Preserve natural features and resources;
(2) Eliminate unnecesøary traffic in the general area; and
(3) Preserve and/or increase open space.
The final decision to allow longer dead end streets shall be made by the city
council.
(L) Street jogs with center line off-sets leu than one hundred twenty-five (125) feet
shall be avoided.
(M) Curvelinear streets are recommended for residential, minor and collector
streets in order to discourage exceøsive vehicular speeds and to provide attractive
vistas.
(1) Whenever a street changes direction, or connection street lines deflect from each
other, by more than ten degrees (10°), there shall be a horizontal curve.
(2) To ensure adequate sight distance, minimum center line radü for horizontal
curves shall be as followa:
Minor streets. . . . , . . . . . . . . . . . . . . . . . . . . . , . . . , . . . . . . . . . , . . . , . . . . . . 150 feet
Collector streets . . . . . . . . . , , , . . , , , . . , . , . . . , , . . , . . . , , . . , . . . . . . , . . . 300 feet
Secondary arterial streets and section line roada . . . . . . . . . . . . . . . . . . . 500 feet
Major arterial streets. . . . , , . , , , . , . , , , . . , , , , . . . . . . . . . . . , . . , . . , . . . . 750 feet
(3) A tangent at least one hundred (100) feet long shall be provided between reverse
curveø on collector streets, and at least two hundred and f'lfty (250) feet long on
major and arterial streets and section line roada.
(N) Streets intersections:
(1) Streets shall be laid out to intersect as nearly as poesible at right angles. .
No street shall intenect another at an angle of I... than sixty degrees
(60°) except at a "V" intersection of two (2) minor streets.
1592
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SUBDMSIONS § 24-30
t
(2) Multiple intersections involving junction of more than two (2) streets shall
be prohibited except where found to be unavoidable by the planning and
zoning board.
(3) "T" intersections of minor and collector streets are to be encouraged.
(4) As far as possible, intersections on arterial streets shall be located not less
than eight hundred (BOO) feet apart, measured from center line to center
line.
(5) Property line radii at street intersections shall be twenty-five (25) feet from
minor streets and where the angle of intersection is less than sixty degrees
(60°) a greater radii may be required by the planning and zoning board. On
all new and rebuilt streets, whether public or private, intenections of the
edge of paving shall be on a minimum radii of forty (40) feet excepting in
cases where the width of existing right-of-way will not permit.
(0) Cul-de-sac streets:
(1) Cul-de-sac streets, permanently designed as such, shall not exceed one
thousand (1,000) feet in length (except as provided in subøection (K) of this
section above).
(2) Cul-de-sac streets shall be provided at the closed end with a paved
turnaround having a minimum diameter to the outer pavement edge or
curbline of eighty (80) feet and a property line diameter of at least one
hundred (100) feet.
(3) Unless future extension is clearly impractical or undeairable, a turnaround
right-of-way of the same width as the street shall be carried to the
property line in such a way as to permit future extension of the street .into
the adjoining street.
(4) Each lot fronting on a cul-de-sac shall have at l.t twenty-five (25) feet
frontage.
(P) Minimum right-of-way width for streets shall be 88 follows:
Right-of-way
Street Type (feet)
Arterialltreet. . . . . . . . . . . . . . . . . . . . . , , . . , , . . , , . . . . . . . . . . . . . . . . . . . . .. 120
Collector Itreet. . . . . . . . . . . . . . . . . . . . . , , , , . . , , , . , . . . . . . . , . . . . . . . . . . .. 80
Residential street .............."."".."."...............,..... 50
Marginal access Itreet '" . . . . . . . . . . . , . . , , . . . , , . . . . . . . . . . . . . . . . . . . . . 40
Access roadway ............... , . . . . , . , . , , . , . . . . . . . . . . . . . . . . . . . . . . . 24
Alleys , . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . , , . , , . . . . . . . . . . . . . . . . . . . . 20
Additional right-of-way width may be required by the city traffic engineer to promote
public safety and welfare.. and to aaaure adequate access. circulation. and parking in
high dei1sity residential are88. commercial are88 and industrial areas. To determine the
1593
,
§ 24-30 DELRA Y BEACH CODE
necessity for additional right-of-way, the city engineer may require the applicant to
furnish a traffic impact analysis and, passing upon said analysis, the city traffic
engineer shall determine the extent to which any additional right-of-way will be
needed. Where a subdivision abuts or contains an existing street of inadequate
right-of-way width, additional right-of-way in conformance with the above standards
may be required.
(Q) A proposed new street which is in alignment with or a continuation of an
existing street shall have the same name as the existing street. In no case shall new
streets have names or numbers which duplicate or which are phonetically similar to
existing street names, regardless of the prefix or suffix used 88 "Avenue," "Boulevard"
or "Court," "Crescent," "Drive," "Place," "Street," or "Terrace." (Code 1955, § 23A-4(B);
Ord. No. 38-77, § 1, 12-12-77; Ord. No. 11-78, § 6, 2-27-78)
Sec. 24-31. Sidewalks.
(A) Sidewalks are required on both sides of all streets within a subdivision. A strip
of grass or landscaped area at least two (2) feet in width shall separate all sidewalks
from adjacent pavement. Width of sidewalks will be 88 follows:
Single-family are88: Five (5) feet.
Multi-family areas: Six (6) feet.
Nonresidential areas:
Industrial: Six (6) feet.
Commercial: Ten (10) feet.
The planning and zoning board may recommend to city council waiving the sidewalk
requirements on one or both sides of streets when the proposed development is of a
unique design or type that sidewalks would not be neceuary for safe pedestrian travel.
The final decision 88 to whether sidewalks are to be waived or not shall be made by the
city council. The city council may waive the sidewalk requirement even if no
recommendation to do 80 is made by the planning and zoning board.
(B) Bicycle and ric:fing pathways and trails, if contemplated within the subdivision
shall be separated and buffered from vehicular traffic. Croøsing points between streets
and bike or riding pathways shall be minimized and designed 88 to ensure proper
control and safety. Bike pathways shall have a minimum width of six (6) feet. Riding
trails shall have a minimum width of fifteen (15) feet. (Code 1955, § 23A-4(C); Ord. No.
38-77, § 1, 12-12-77)
Sec. 24-32. Alleys aDd ea8emeDb.
(A) ALLEYS.
(1) Alleys shall be provided to serve multiple dwelling, buaineøø, commercial
and industrial areas except tluat this requirement may be waived where
1594
·
SUBDIVISIONS § 24-33
t
other definite and assured provision is made for service acceu, off-street
loading, unloading and parking consistent with and adequate for the uses
permiuible on the property.
(2) The width of an alley shall be twenty (20) feet or more.
(3) Changes in alignment of alleys shall be made on a center line radius of not
less than fifty (50) feet.
(4) Dead end alleys shall be avoided where possible, but if unavoidable, shall
be provided with adequate turnaround facilities for service trucks at dead
end, with a minimum external diameter of one hundred (100) feet, or 88
otherwise determined to be adequate.
(B) EASEMENTS.
(1) Easements acr088 lots or centered on rear or side lot lines shall be provided
for public utilities where nece888I'Y and shall be at least twelve (12) feet in
width.
(2) Where a subdivision is traversed by a watercourse, drainageway, canal or
stream, there shall be provided a storm water easement or drainage
right-of-way conforming substantially with the lines of such watercourses,
and such further width or construction, or both, 88 will be adequate for the
purpose. Parallel streets or parkways may be required in connection
therewith where nece888I'Y for service or maintenance.
(3) Easements may be required for drainage purpoeee of such size and location
88 may be determined by the city engineer. (Code 1955, § 23A-4(D); Ord.
No. 38-77, § 1, 12-12-77; Ord. No. 11-78, § 7, 2-27-78)
See. 24-33. DraIDa.e.
(A) Lots shall be laid out and graded to provide positive drainage away from all
existing or proposed buildinp.
(B) The drainage system shall be designed usin¡ accepted engineeriDg principles
for rainstorms of mAwimum intensity based on a ten (10) year interval for the South
Florida area. The system shall provide for drain8le of lots, streets, roeda and other
public area u well u handling any run-off from adjacent areas that naturally flows
into the subject area. Run-off coefficients shall be baaed on completed projects. The
following standards shall apply to all drain8le projects.
(C) Storm sewen, culverts and related installations shall be provided, where
necessary, accordin¡ to the city engineer:
(1) To permit unimpeded flow of natural watercourses.
(2) To insure adequate drainage of all low points along the line of streets.
1595
,
§ 24-33 DELRA Y BEACH CODE
(3) To intercept storm water run-off along streets at intervals reasonably related to
the extent and grade of the area drained.
(D) In the design of storm sewerage installations, special consideration shall be
given to avoidance of problems which may arise from concentration of storm water
run-off over adjacent properties.
(E) The subdivider may be required to carry away by pipe or open ditch any spring
or surface water that may exist either previous to or as a result of the subdivision.
Such drainage facilities shall be located in the street right-of-way where feasible, or in
perpetual unobstructed easements of appropriate width.
(F) A culvert or other drainage facility shall, in each case, be large enough to
accommodate potential run-off from its entire upstream drainage area, whether inside
or outside the subdivision. The city engineer shall approve the design and size of the
facility based on anticipated run-off from a ten (10) year storm under conditions of
total potential development permitted by the zoning ordinance in the watershed.
(G) The subdivider's engineer shall also study the effect of such subdivision on the
existing downstream drainage facilities outside the area of the subdivision; this study
shall be reviewed by the city engineer. Where it is anticipated that the additional
run-off incident to the development of the subdivision will overload an existing
downstream drainage facility during a ten (10) year storm, the subdivision shall not be
approved until provision has been made for the improvement of said condition. (Code -
1955, § 23A-4(E); Ord. No. 38-77, § 1, 12-12-77)
Cross reference-Flood hazard regulations, § 9-413 et seq.
Sec. 24-34. Water, sewer, fire protection.
The subdivider shall comply with all pertinent regulations, controls and standards
as stipulated by the city, Palm Beach County and the State of Florida. Súch
compliance shall ensure subdivision users with an adequate water supply, sanitary
sewerage system and fire protection. (Code 1955, § 23A-4(F); Ord. No. 38-77, § I,
12-12-77)
Cross reference-Water and sewers generally, Ch. 29.
Sec. 24-3&. Block aDd lot standards.
(A) BLOCK.
(1) Blocb øhal1 have sufficient width to provide for two (2) tiers of lots of
appropriate depths. Exceptions to this prescribed block width shall be
permitted in blocb adjacent to major streets, railroads or waterways.
(2) The lengths, widths and shapes of blocb shall be determined with due
regard to:
(a) Provision of adequate building sites, suitable to the needs of the types
. of uses contemplated.
1596
'"
SUBDIVISIONS § 24-35
,
(b) Zoning requirements as to lot sizes and dimensions.
(c) Needs for the convenient and safe access, circulation and control of
pedestrian and vehicular traffic.
(d) Limitations and opportunities of topographic features.
(3) Block lengths shall not exceed one thousand eight hundred (1,BOO) feet nor be
less than five hundred (500) feet, unless found unavoidable.
(4) Pedestrian through walks may be required where necessary to assist
circulation or provide access to community facilities. Such crosswalks shall
have a width of not less than ten (10) feet and a paved walk of not less than
five (5) feet.
(B) LOT.
(1) The lot arrangement shall be such that there will be no foreseeable difficulties
for reasons of grading, topography or other conditions, in securing building
permits to build on all lots in compliance with the zoning ordinance and other
controls and regulations.
(2) Each lot shall abut and have access to a street which shall conform to the
design requirements of this article. In cases other than conventional
subdivisions, such as lay-outs of duplexes, triplexes, fourplexes and
townhouses, with individual lots for each dwelling unit, lots shall not be
required to abut a street. All such lots shall have convenient, indirect access to
a street through lay-out devices such as parking area, or direct access when
abutting a street.
(3) Consideration shall be given to lot orientation with respect to the separation of
incompatible land uses. Residential lots which face commercial or industrial
areas shall be avoided.
(4) Lot width, area, building site area and yard restrictiona shall be governed by
the requirements of the zoning ordinance and amendm.nts th.r.to.
(5) Corner lots for resid.ntial use shall have extra width to permit appropriate
building setbacb from and orientation to both streets.
(6) Sid. lot linea shall be at right angles to straight street center linea, and radial
to curved street center lines, where poøaibl.. Rear lot linea shall conaÏ8t of
strai¡ht linea, wh.re pouibl..
(7) Doubl. frontaar. and rev.ne frontage lots, shall be avoided except wh.re
desirable to provide separation of reaidential d.v.lopm.nts from major streets
or to overcome specific diaadvantaarea of ori.ntation.
A plantin¡screen ....m.nt of at l...t ten (10) feet and acrou which there
shall be no right of acceu, ahall be provided aloq the line of Iota abuttin¡
such a major street or oth.r diaadvantaareoua situation. (Cod. 19M, I 23A-4(G);
Ord. No. 38-77. 11. 12-12-77; Ord. No. 11-78. I 8, 2-27-78)
Supp. No. 11
1597
·
§ 24-36 DELRA Y BEACH CODE
Sec. 24-36. Public sites.
(A) Park and recreation land for single-family units,
(1) In a single-family subdivision, land shall be dedicated for park and recreation purposes,
as a percentage of the total single-family subdivision area as follows:
(a) If the lot sizes within the subdivision are twelve thousand five hundred (12,500)
square feet or less, an amount of land equal to eight per cent (Sf(,) of the total
subdivision area.
(b) If the lot sizes within the subdivision are more than twelve thousand five hundred
(12,500) square feet but not greater than twenty-five thousand (25,000) square feet.
an amount of land equal to five per cent (5 % ) of the total subdivision area.
(c) If the lot sizes within the subdivision are more than twenty-five thousand (25,000)
square feet, an amount of land equal to three per cent (3 t'ê) of the total subdivision
area.
(d) If the lots within a subdivision cannot all be categorized under either (a), (b), or (c)
above, then the dedication requirement shall apply (for the entire subdivision) for
the category in which there are the greatest number of lots.
Any land to be dedicated as a requirement of this subsection shall be reasonably
adaptable for use for park and recreation purposes and shall be at a location convenient -
to the people to be served. The city council shall evaluate the adequacy of the proposed
park and recreation area, taking into consideration the size and shape, topography,
geology, tree cover, access and location of the area.
(2) In the event the subdivision is too small, or for some other valid reason it is not feasible
or advisable to dedicate land in the subdivision for recreational purposes, as determined
by the city council, the subdivider shall be required to make an "in lieu" payment to the
city of a sum of five hundred dollars ($500.00) for each unit.
(3) For a single-family unit which is not a part of a subdivision, an "in lieu" payment of five
hundred dollars ($500.00) for each unit shall be required for the person seeking a
certificate of ~cupancy for that unit. For a single-family unit which is built upon a lot
which is part of a subdivision but which had not been built upon at the time the
subdivision was originally subdivided into lots, an "in lieu" payment of five hundred
dollars ($500.00) shall be required from the person seeking a certificate of occupancy for
that unit.
(4) Limitation on use of land and fees. The land and fees received under this subsection
shall be used for the purpose of providing park and recreational facilities. The city shall
éstablish a separate fund and account into which such "in lieu" payments shall be
deposited. The money in this account shall be expended by the city only for the acquisi-
tion of park and recreation lands, improvement to lands consistent with these park and
recreational purposes, and providing equipment and personal property incidental there-
to; and these expenditures shall only. be made for locations in reasonable proximity to
the subdivision for which the fees were charged.
Supp. No. 11
1598
.
.
.
SUBDMSIONS § 24-36
,
(5) Any "in lieu" payment for a given single family unit required under this subsection shall
be paid in full prior to the issuance of a certificate of occupancy for that unit. Any land
required to be dedicated under this subsection shall be deeded to the city with market-
able title free and clear of all encumbrances prior to the first issuance of a building
permit for the subdivision.
(B) Park and recreation land for multiple-family units, planned residential units, hotels
and motels, and resort dwelling units. *
(1) For every development of multiple-family units, planned residential units, hotels, mo-
tels, or resort dwelling units, the developer shall dedicate to the city five (5) acres of land
for each one thousand (1,000) persons deemed to reside in the proposed development.
For purposes of this section, two and thirty-one hundredths (2.31) persons per unit shall
be deemed to reside in the proposed development.
The following formula shall be used for computing the amount of park and recreation
land to be dedicated:
2.31* x total units x .005** = Amount ofland to be dedicated
* Average number of persons per dwelling unit
"Five (5) acres per one thousand (1,000) persons
Any land to be dedicated as a requirement of this subsection shall be reasonably
adaptable for use for park and recreation purposes and shall be at a location convenient
to the people to be served. The city council shall evaluate the adequacy of the proposed
-Editor's note-Section 3 of Ord. No. 6-82, adopted Feb. 23, 1982, provides:
"Section 3. That this ordinance shall become effective ten days after passage on seconc;i
and final reading, and that the provisions of section 24-36(B) as set forth in this ordinance are
hereby expressly made retroactive so as to apply to every development, or portion thereof, of
multiple family units, planned residential units, hotels, motels, or resort dwelling units (but
not as to single family subdivisions) which requires either site plan approval, plat approval or
conditional use approval, and for which anyone such required approval has not been received
by August 10, 1981, e.g. if a developer has received all three approvals for a portion of a
development by August 10, 1981, but only two approvals on another portion of the develop-
ment, then the dedication or "in lieu" payment provided for herein would apply, to that
portion of the development for which all three approvals have not been obtained by August
10, 1981.
"Further, the provisions of this ordinance are hereby expressly made retroactive so as to
apply to every development of multiple family units, planned residential units, hotels, mo-
tels, or resort dwelling units even though all required site plan approval, conditional use
approval, and plat approval prior have been received by August 10, 1981, if anyone of such
approvals was conditioned on the making of an "in lieu" payment, eXcept that if the condi-
tion of approval specified a payment less than five hundred dollars ($500.00) per unit, the
specified amount shall apply. If the specified amount exceeded five hundred dollars ($500.00)
per unit, an "in lieu" payment of five hundred dollars ($500.00) per unit shall be required. If
the amount was expressed as one lump sum, rather than as a per unit assessment, the total
lump 8um shall be divided by the number of units in the development to determine the per
unit fee."
Supp. No. 11
1598.1
§ 24-36 DELRA Y BEACH CODE
park and recreation area, taking into consideration the size and shape, topography,
geology, tree cover, access and location ofthe area,
(2) In the event a development as described in paragraph (1) above is too small, or for some
other valid reason, it is not feasible or advisable to dedicate land for recreation purposes,
as determined by the city council, the developer shall be required to make an "in lieu"
payment to the city of a sum of five hundred dollars ($500.00) for each unit.
(3) Limitation on use of land and fees. The land and fees received under this subsection
shall be used for the purpose of providing park and recreational facilities. The city shall
establish a separate account into which "in lieu" payments shall be deposited, The
money in this account shall be expended by the city only for the acquisition of park and
recreation lands, improvement to lands consistent with these park and recreational
purposes, and providing equipment and personal property incidental thereto; and these
expenditures shall only be made for locations in reasonable proximity ~o the develop-
ment, for which the fees were charged.
(4) Any "in lieu" payment for a given unit required under this subsection shall be paid in
full prior to the issuance of a certificate of occupancy for that unit. Any land required to
be dedicated under this subsection shall be deeded to the city with marketable title free
and clear of all encumbrances prior to the first issuance of a building permit for the
development. -
(C) School sites.
(1) When a subdivision covers an area within which the school board of Palm Beach County
requires a school site, provision should be made in the subdivision plat for such a site,
Such land is to be reserved for the indicated purpose and the subdivision plans shall take
into consideration the access and location requirements of such a community facility
which usually will extend beyond the subdivision boundaries.
(2) Site size and dimensions shall comply with county school board requirements.
(3) When a school site has been designated in a plat the site shall be reserved for a period
two (2) years from the date of recording. If the county school board fails to purchase the
site within the two-year period, the subdivider may replat the reserved school site. (Code
1955, § 23A-4(H); Ord. No. 38-77, § 1, 12-12-77; Ord. No. 11-78, § 9, 2-27-78; Ord. No,
14-80, § 1,3-10-80; Ord. No. 6-82, § 1,2-23-82)
See. 24-37. Noareaideatia1..bdh'iaioa..
(A) If a propoeed aubdiviaion includes land that is zoned for commercial or
industrial purpoeea. the layout and plana of the subdiviaion. with respect to such land,
shall make such proviaiona .. the city may require, includu. zoDÏDI and
comprehensive plan requirement..
(B) The foUowiD¡ priDcipl_ and standarcù aha1l be obeerved:
(1) Propoeed parcela aha1l be suitable in area and dimenaiona to the types of
industrial and/or commercial development anticipated.
Supp. No. 11
1598.2
SUBDMSIONS § 24-49
t
(2) Street rights-of-way and pavement shall be adequate to accommodate the type
and volume of traffic anticipated to be generated thereupon.
(3) Special requirements may be imposed by the city with respect to street, curb,
gutter and sidewalk design and construction.
(4) Special requirements may be imposed by appropriate public agencies with
respect to the installation of public utilities.
(5) Every effort shall be made to protect adjacent residential areas from potential
nuisance from a proposed commercial or industrial subdivision, including the
provision of extra depth in parcels backing up on existing or potential
residential development and provisions for a permanently landscaped buffer
strip when necessary.
(6) Streets carrying nonresidential traffic, especially truck traffic, shall not
normally be extended to the boundaries of adjacent existing or potential
residential areas. (Code 1955, § 23A-4(1); Ord. No. 38-77, § 1, 12-12-77; Ord.
No. 11-78, § 9, 2-27-78)
Sec.. 24-38-24-47. Re.erved.
ARTICLE IV. REQUIRED IMPROVEMENTS
See. 24-48. Scope.
The following tangible improvements, in accordance with the plana and
specifications submitted to and approved by the city must be installed or a surety
deposit posted in accordance with Section 24-18(A)(6) to insure that the improvements
will be installed, are required before final plat approval in order to asøure the physical
reality of a subdivision which approval and recordation will establiøh legality.
Construction shall be subject to the supervision of the city engineer. The subdivider
shall comply with the standard procedures of building permit, inapection and final
approval for each of the required improvements. (Code 1956, I 23A-ó(A); Ord. No.
38-77, § 1, 12-12-77; Ord. No. 11-78, § 10,2-27-78)
Sec. 24-48. Moawaeat. _d marken.
(A) At intenection of center line of all streets install a one inch pipe, three (3) feet
long embedded in concrete with the top flush with the f"'miahed pavement.
(B) All other lot comera shall be marked with an iron pipe not leu than one-half
(V2) inch in diameter and twenty-four (24) inches long and ..t 80 .. to be flush with the
finished grade.
(C) Permanent reference monuments shall be .. required by Florida Plat Law.
(Code 19M, § 23A-ó(B); Ord. No. 38-77, § 1, 12-12-77)
1599
,
.
.
§ 24-50 DELRA Y BEACH CODE
Sec. 24-50. Drainace.
.
(A) The drainage system shall be designed and constructed for long life, low
maintenance cost and ease of maintenance.
(B) An adequate drainage system including necessary open ditches, pipes,
culverts, intersectional drains, inlets, bridges, etc., shall be provided for the proper
drainage of all surface water. Cross drains shall be provided to accommodate all
natural water flow and shall be of sufficient length to permit full width roadway and
required slopes.
(C) Developers of subdivisions whose storm drainage system discharges into the
Lake Worth Drainage District shall contract with the Lake Worth Drainage District for
maintenance of drainage facilities prior to annexation to the city. (Code 1955, §
23A-5(C); Ord. No. 38-77, § 1, 12-12-77)
Cross reference-Flood hazard protection generally, § 9-413 et seq.
Sec. 24-51. Streets.
Streets shall conform with the requirements of this Chapter and Article II, Chapter
23 of this Code of Ordinances. (Code 1955, § 23A-5(D); Ord. No. 38-77, § 1, 12-12-77)
Sec. 24-52. Sidewalks.
-
(A) Concrete sidewalks shall have a minimum depth of four (4) inches and a
6" X 6" by #10 X #10 wire mesh shall be placed in the sidewalk and shall be constructed
of Class I concrete with a minimum strength of 3,000 p.s.i. as directed by the city
engineer.
(B) Bicycle pathways may have asphalt or concrete as their f'mished surface.
Riding trails are to be f'mished with appropriate soft, loose materials. (Code 1955, §
23A-5(E); Ord. No. 38-77, § 1, 12-12-77)
Sec. 24-53. Water, other underp-ound utiUties.
Water mains, with a minimum diameter of six (6) inches, properly connected with
the city water supply system, shall be provided 88 to adequately serve all lots and sites
shown on the subdivision plat, for both domestic use and f'ue protection. Pertinent
specificationa from the city and other regulatory agencies muet be followed. To
eliminate future street openinga, all underground utilities shall be installed before any
final paving of a street mown in the subdivision plat. (Code 1955, § 23A-5(F); Ord. No.
38-77, § 1, 12-12-77)
Sec. 24-5"4. Sanitary sewera.
All plans shall be designed and all facilities built in the manner prescribed by
pertinent regulatory agencies including city, county and state levela. Sanitary sewer
mains sball be no lese than eight (8) inches in diameter, properly connected with the
1600
SUBDMSIONS § 24-57
t
city sewerage system, shall be provided. In addition to the mains, laterals shall be
installed to each platted lot and stubbed off at the property line for future connection.
Where sanitary sewerage systems are not reasonably acceBBible, individual septic tanka
may be used following county health department requirements. In such cases, sewer
lines shall be laid and capped until connection to a public system becomes feasible and
mandatory. (Code 1955, § 23A-5(G); Ord. No. 38-77, § 1, 12-12-77)
Sec. 24-55. Street furniture and land8caping.
Street name signs shall be installed at the intersection of all streets carrying the
street names approved on the subdivision plat, unless a different name is approved by
council. Location and design of signs shall be subject to the approval of the city
engineer and the planning and zoning board. Same procedure will apply with all other
street furniture such as benches, shelters and waste baskets. Grassing and mulching
shall be done in the strip between curbs and sidewalks. Planting of shade trees and
streetlighting are required, in conformance with pertinent plans approved by the city
engineer and the planning and zoning board. (Code 1955, § 23A-5(H); Ord. No. 38-77, §
1, 12-12-77)
Sec. 24-56. Utilitie8 to be underground.
Utilities facilities serving the neighborhood including but not limited to gas,
electric power, telephone and CATV cables, shall be located underground throughout
the subdivision. (Code 1955, § 23A-5(1); Ord. No. 38-77, § 1, 12-12-77)
Sec. 24-57. In8tallation procedure8.
The conditional approval granted by the city council cannot become effective until
provision has been made for the proper installation of all required improvements in the
following ways:
(A) Acceptance by city of a surety bond or similar guarantee, as outlined in section
24-18(A)(6), in an amount equal to the coet of all required improvements.
(B) In lieu of posting the required guarantee, the subdivider shall inata1l all the
required improvements in accordance with the provisions of this chapter.
(C) The city council shall enter into an agreement with the subdivider whereby the
subdivider agrees to defray all expenses incurred by the city becauøe of defects
in materiala and/or workmanship used in the required subdivision improve-
ments, within one year after acceptance of such improvements by the city. A
bond, or similar guarantee acceptable to the city, and covering reuonable
anticipated coats and expenses, to be determined by the city engineer, shall be
required. (Code 1955, § 23A-5(J); Ord. No. 38-77, § 1, 12-12-77)
[The next pqe is 1GiiJ
1601
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STATE OF FLORIDA
COUNTY OF PALM BEACH
MR. KEN WEIGAND AFFIDA VIT
Before me the undersigned at~thority personally appeared, Ken Weigand, who
being du1y sworn upon oath stated as follow:
1. Affiant is a licensed surveyor in the State of Florida where he has been
practicing surveying for approximately 12 years.
2. In connection with the regular practice of surveying the affiant prepares,
submits to local governments, processes and obtains approvals ITom local -
governments of subdivisions and plats of real property.
3. The affiant prepared and submitted to the City ofDelray Beach the· plat of
Hancock Subdivision ("Plat") being a replat of part of Lot 2, Block E, revised
plat, Block D and Block E, Palm Beach Shores (Ocean Bou1evard Estates)
Plat Book 7, Page 38, Sections 9 and 10, Township 46 S, Range 43 East,
Delray Beach, Palm Beach County, Florida.
4. The pIa: application consists of the following documents and drawings:
Petitioner's Exhibits 6, 7, 8 and 9 (the "Plat Application").
5. It is the affiant's professional opinion that the Plat Application for the
Hancock Subdivision and its processing by the City of Delray Beach
complie:; with all procedural and substantive requirements of the City of
Delray Beach relating to subdivisions other than the fact that the Director of
Planning and Zoning has interpreted that the lot area and dimension of Lot 2
of the Hancock Subdivision are to be measured by deleting from the lot the
area east of the Erosion Control Line.
6. Affiant prepared the surveys which are Petitioner's Exhibits 8 and 9 and it is
the affiant's professional opinion as a surveyor that said surveys comply with
all legal requirements for surveys under Florida law.
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7. The portion of Lot 2, Block E revised Plat, Block D and Block E, Palm Beach
Shore Acres (Ocean Boulevard Estates) lying east of A-1-A as originally
platted (plat Book 7, Page 38) ("Original Hancock OceanITont Lot") was
much larger than required to comply with the cUlTent R1AAA lot area and
dimension requirements. The lot characteristics of the Original Hancock
OceanITont Lot are set forth below.
The Original Hancock OceanITont Lot complies with and in fact exceeds the )
8.
R1AAA Zoning requirements applicable today.
9. However, if the lot area of the Hancock Subdivision east of A-1-A is limited
in depth on the east to the Erosion Control Line as such line is shown on
Petitioners Exhibit 8, then Lot 2 of Hancock Subdivision (petitioner's Exhibit
7) ("the Reduced Hancock OceanITont Lot") will not meet the cUlTent
R1AM lot area and lot dimension requirements except as a nonconfonning
lot of record as set forth in the Land Development Regulations with is
Petitioners Exhibit 5.
10. Immediately to the south of Lot 2 of the Plat of Hancock Subdivision is Lot 1
of Ocean Apple Estates, Plat Book 65, Page 100 (the "Wilson Property").
The plat of Ocean Apple Estates was approved by the City of Delray Beach
in 1989 (see Petitioner's Exhibit 13) and there is a home currently under
construction an the Wilson Property as of the date of this ,.ffidavit.
The comparative lot characteristics of the Wilson Property, the Reduced
Hancock OceanITont Lot and the Original Hancock Oceanfront Lot are as .
follows:
Wilson Property Reduced Hancock Original Hancock
Oceanfront Lot Oceanfront Lot
Lot Size (sq. ft.) 8203 10502 33,000 +
Lot Width (ft.) 90.00' 100.00' 100.00'
Lot Depth (ft.) 91.15' 105.02' 330+
Lot Frontage (ft.) 90.00' 100' 100'
2
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11. In comparing, the Wilson Property is 22 percent smaller in square footage and
12 percent more nonconfonning in tenns of lot dimension. Furthennore, the
Wilson Property was granted side-yard setback variances for the home to be
constructed 5' from the side-lot line instead of the required 12' side interior
setback applicable in RlAAA..
12. The reason for the deficiency as to lot area and lot dimension pertaining to
1
both the Wilson Property and the Reduced Hancock Oceanfront Lot is
because the Erosion Control Line that was imposed on both lots runs on an
angle in a north to south direction and as it proceeds farther south runs closer
to State Road A-I-A thereby reducing the lot sizes.
13. Affiant has done an analysis of the Erosion Control Line's effect on all lots
and properties effected by the ECL in the City of Delray (which is only along
the oceanfront) and has detennined that the only 2 lots and/or properties in
the City as to which the ECL reduces the lot area or dimensions below the
required current minimums are the Wilson Property and the Original Hancock
Oceanfront Lot (reduced by the effect of the ECL as shown on the Hancock
Subdivision). I
14. The Hammond plat (petitioner's Exhibit 15) is immediately to the north of j
Hancock Property and Oce,m Apple Estates (petitioner's Exhibit 13) is I
immediately to the south.
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15. The affiant did survey work for the Wilson Property and knows of his own i
personal knowledge that there was no constructioß commenced on the Wilson
Property until after 1991.
16. There is no material difference in the topography of the Wilson Property prior ~
to the current construction on it and the current topography of the Reduced
Hancock Oceanfront Lot.
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Sworn to and subscribed before me tlús f ~ of April, 1994, by Ken
Weigand and he did take an oath. ~~
Notary .
Personally Known OR Produced Identification M J)k r.Ø-
Type of Identification Produced ¿ ¿ CAEf\.;$,E
....... OFACIAL SEAL
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........ CRAIG D. EARNHART
I - : NdaIy PuÞIIc Stille of FII:IIdI
- \ . Commil8ion No. CC 1111:!M
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[IT' DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Wr~t_r·. D~r_ct L~n_
(407) 243-7090
MEMORANDUM
Date: April 1, 1994
To: city Commission Assistant City Attorn~
From: David N. Tolces,
Subject: Land Use Restriction Agreement - Groves of Delray
Settlement of Woods of Southridge v. City of Delray
. Beach
A condition which the Site Plan Review and Appearance Board
("SPRAB") placed on their approval of the Groves site plan was
that the Developer, the City, and the Woods of Southridge
Homeowners Association enter into an agreement which would
restrict the occupancy of the apartments in the Groves to
"housing for older persons. " After several months of
negotiations, the Developer and the Homeowners Association have
agreed on the attached Land Use Restriction Agreement as the
document to insure that the Groves will remain a development
which provides "housing for older persons."
Pursuant to the agreement, the Developer is agreeing to have at
least 75% of the units occupied by at least one person 62 years
of age or older. One hundred percent of the units will be
occupied by persons who are 55 years of age or older. No
permanent occupant of a unit may be 19 years of age or younger.
These provisions comply with the Developer's financial require-
ments and the applicable federal statutes pertaining to
"housing for older persons."
The City or Homeowners Association may take legal action
against the developer if the age limitations are violated for a
period of sixty days after the Developer receives notice. The
Developer agrees that it will commence eviction proceedings
within twenty days if a unit is permanently occupied by a
individual who is 19 years of age or younger.
This agreement resolves the remaining differences between all
parties involved in the Groves dispute. Our office recommends
approval of the agreement with a modification to Paragraph IX,
"Attorney Fees and Costs". I have spoken with counsel for the
SP/¡
City Commission
April 1, 1994
Page 2
Developer, and they have agreed to modify Paragraph IX so that
the City will not have to pay the prevailing party's costs or
attorneys fees in the event of litigation. Therefore, with
this one modification, approval of the Land Use Restriction
Agreement is recommended.
In addition, the approval of the agreement settles the current
lawsuit filed by the Homeowner's Association against the City
and Mayor Lynch. The case against the City and Mayor will be
dismissed with prejudice, and both sides will bear their own
costs. Therefore, a separate motion authorizing the settlement
of the lawsuit Woods of Southridge v. City of Delray Beach
should be made.
Please call if you have any questions.
DNT: sh
Attachment
cc: David Harden, City Manager
Sharon Morgan, City Clerk's Office
groves-2.dnt
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PREPARED BY:
SCOTT G. HAWKINS, Esquire
Jones, Foster, Johnston & stubbs, P.A.
505 South Flagler Drive
Post Office BoX 3475
West Palm Beach, Florida 33402-3475
LAND USB RESTRICTION AGREBHEHT
THIS LAND USE RESTRICTION AGREEMENT (the "Agreement ") is made
and entered into this day of April, 1994, between GROVES OF
DELRAY, LTD., a Florida limited partnership (hereinafter called the
"Developer") and the CITY OF DELRAY BEACH, a political subdivision
of the State of Florida (hereinafter called the "City"), and THE
WOODS OF SOUTHRIDGE HOMEOWNERS ASSOCIATION, INC. , a Florida
corporation (hereinafter called "HomeownersU).
WHEREAS , the Developer wishes final site plan and plat
approval from the City for a one hundred fifty-eight apartment
hous ing complex for older persons communi ty to be known as The
Groves of Delray ( "The Groves n ) located on property hereinafter
more particularly described; and
WHEREAS, the city and Homeowners desire assurance from
Developer with respect to the provision of retirement housing for
low to moderate income older persons or households; and
WHEREAS, the Developer has agreed to provide the apartments in
The Groves community for rental to low to moderate income older
persons, in compliance with applicable federal law, in perpetuity.
NOW, THEREFORE, in consideration of the mutual covenants and
undertakings set forth herein, and other good and valuable
consideration, the receipt and sufficiency of which is hereby
. ....
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LAND USE RESTRrCT!ON AGREEM£MT
acknowledged, the City, Developer and Homeowners do hereby contract
and agree as follows:
I. The Real Property. The real property subject to this
agreement is described as:
See Exhibit A, attached.
II. Residential Senior Rental Community. The parties hereto
hereby declare their understanding and intent that The Groves is to
be owned, managed and operated according to the terms and
conditions of this agreement. To that end, the Developer hereby
represents, covenants and agrees as follows:
A. The Groves, after construction and the issuance of
the certificate of occupancy, will be used solely for the purpose
of providing mUlti-family rental housing for "housing for older
persons" as def ined by 42 U. s. C. §3607 (b) (2) .
B. At least 75% of the units in The Groves will be
occupied by at least one person 62 years of age or older and 100%
of the units will be occupied by at least one person who is 55
years of age or older.
c. The Groves will publish and adhere to pOlicies and
procedures which demonstrate its intent to provide housing for
older persons as defined by 42 U.S.C. §3607(Þ) (2) and herein.
D. No permanent occupants of a unit may be nineteen
(19) years of age or younger.
E. All of the units in The Groves will be leased at all
times as housing for older persons, except for those units occupied
2
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LAND USE RESTRICTION AGREEMENT
by employees of The Groves who perform substantial duties directly
related to the management and maintenance of The Groves.
III. Considerat:ion. The parties acknowledge that by execution
of this Agreement, the parties have complied with the requirements
of the site Plan Review and Appearance Board and the Commission for
the city of Delray Beach.·
IV. Enforoement. If the Developer defaults in the
performance of its obligations under this agreement, and if such
default remains uncured for a period of sixty (60) days after
notice thereof shall have been given by the City or the Homeowners
to the Developer, then the City and/or Homeowners may take any
other action at law or in equit:y or otherwise, whether for specific
performance of any covenant in this agreement or such other remedy
as may be deemed most effectual by the city or the Homeowners to
enforce the obligations of the Developer with respect to The
Groves. The sixty (60) day cure period may be extended by the
!
complaining party(s) in writing if Developer is diligently pursuing
a cure. Notwithstanding anything contained herein to the contrary:
a. for violations of Paragraph II (D), Developer shall
commence eviction proceedings within twenty (20) days of receipt of
notice and shall diligently pursue said proceedings for each
violat.ion. If Developer defaults in this requirement to commence
and diligently pursue eviction proceedings as to each respective
unit, there is no right to cure but there can be an extension given
3
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.
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LAND USE RESTRICTION AGREEMENT
by the complaining party(s) and agreement to such extension shall
not be unreasonably withheld; and
b. no present or future default or violation of this
Agreement shall cause the title, the site plan approval, building
permits, zoning, or certificates of occupancy for The Groves to be
divested, impaired or extinguished, nor shall this Agreement be
rescinded on the basis of such default or violation.
v. Recording and Filing: Covenants tQ Run with the Land.
This agreement shall not be effective and shall not be recorded in
the public records of Palm Beach County, Florida, until and unless
the City approves the site plan and plats submitted by The Groves
and issues the necessary building permits for The Groves upon
payment of the required fees and filing of required documents.
I
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Concurrent with final plat recording and prior to issuance of the
building permits to The Groves and the Construction Loan Closing,
the Developer shall at Developer's expenses, cause this agreement
and all amendments and supplements hereto to be recorded and filed
in the official public records of palm Beach county, Florida. This
agreement and the covenants contained herein shall run with the
land and shall bind, and the benefit shall inure to respectively,
the Developer, the City and the Homeowners and their respective
successors and assigns in perpetuity.
VI. Chanaes in Federal Law Regardina Housing for Older
Persons. The Developer will construct and establish and maintain
The Groves in accordance with all applicable state and federal laws
4
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"
LAND USE RESTRICTION AGREEMENT
governing housing for older persons, specifically 42 U.S.C.
§3607(b) and 24 CFR §lOO.304. If the above law is amended or this
Agreement or any provision herein jeopardizes the Groves status as
housing for older persons, this agreement may be amended, by
agre~ent of all parties hereto to comply with the law as amended.
If the parties are unable to agree to necessary amendments, any
part may file for declaratory relief to obtain a court order to
address amendments to this agreement. If this agreement is changed
by court order, such amendment(s) shall be made to comply with the
law and shall be written so as to be consistent with Paragraph II
herein and the spirit of this Agreement.
VII. Governina Law. This agreement shall be governed by and
construed in accordance with the laws of the State of Florida, both
substantive and governing remedies.
VIII. Notice and Effect. Any notice required to be given
hereunder shall be given by personal delivery, by registered mail
or by registered expedited servioe at the addresses specified
below, or at such other addresses as may be specified in writing by
the parties hereto, and any such notice shall be deemed received on
the date of delivery.
CITY:
Delray Beach City Attorney's Office
200 Northwest First Avenue
Delray Beach, Florida 33444
Attention: David Tolces, Esquire
Telephone: 407 243-7090
Fax: 407 278-4755
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LAND USE RESTRICTION AGREEMeNT
DEVELOPER:
Groves of Delray, Ltd.
499 Boynton Bay Circle
Boynton Beach, Florida 33435
Attention: Thomas G. Hinners
Telephone: 407 735-0777
Fax: 407 731-1457
HOMEOWNERS:
The Woods of southridge Homeowners
Association, Inc.
2935 Southwest 3rd Avenue
Miami, Florida 33129
Attention: Lance Shinder, Esquire
Telephone 305 854-3505
Fax: 305 854-2975
LENDER:
NationsBank of Florida, N.A.
Attn: Mark A. Peterson, V. P.
1 Financial Plaza, Ninth Floor
Ft. Lauderdale, FL. 33340
.
.
IX. Attorney Fees and Costs. In any litigation arising out
of this Agreement., t.hé p:t.'êvailing par'\:y in such litigë:ltion Ghall be
entitled to recover reasonable attorney's fees and costs.
x. Severabilitv. If any provision of this agreement shall
be invalid, illegal or unenforceable, the validity, legality and
enforceability of the remaining portions shall not in any way be
affected or impaired. This agreement shall be simultaneously
executed in multiple counterparts, all of which shall constitute
one and the same instrument and each of which shall be deemed to be
an original. The provision(s) deemed unenforoeable shall be re-
6
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P009
LAND USE RESTRICTION AGREEMENT
written so as to become enforceable and consistent with Paragraph
II herein and the spirit of this Agreement.
IN WITNESS WHEREOF, the City and the Developer have caused
this agreement to be signed, sealed and attested on their behalf by
duly authorized representatives, all as of the first date written
above.
SiÇJned, sealed and delivered
in the presence of: CITY OF DELRAY BEACH
By
Witness Thomas Lynch, Mayor
Print Name
ATTEST:
Witness
By
Print Name City Clerk
Approved as to form and
sufficiency:
City Attorney
7
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t..AHD usç RESTIUCTIOH AGREÐ4iNT
GROVES OF DELRAY, LTD.,
a Florida Limited Partnership
By: GROVES OF DELRAY JOINT
VENTURE, its General
partner
By: FLORIDA AFFORDABLE HOUSING,
INC., its Managing General
Partner
By
Witness
Print Name:
Its
Print Name
Witness
Print Name
THE WOODS OF SOUTHRIDGE
HOMEOWNERS ASSOCIATION, INC.
By
Witness
Its
Print Name
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ì Witness
,
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Print Name
8
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lAND use RESTRICTION AGREEMENT
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
day of March, 1994, by THOMAS LYNCH, Mayor of the city of Delray
Beach, who is personally known to me or who has produced
as identification.
Signature of Notary Public
Printed Name of Notary Public
STATE OF FLORIDA
i COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
day of March, 1994, by TJiOMAS G. HINNERS, of
GROVES OF DELRAY, LTD., who is personally known to me or who has
produced as identification.
Signature of Notary pUblic
Printed Name of Notary Public
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
day of March, 1994, by , as
of THE WOODS OF SOUTHRIDGE
HOMEOWNERS ASSOCIATION, INC. I who is personally known to me or who
has produced as identification.
Signature of Notary Public
Printed Name of Notary Public
T8B\dae\'1292~3\lUR.AG3
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I" . . . r EXHIBìt; :~:"" .' '.1· .
A . .... . . .
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[ITY DF DELHAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
Wr~t_r'B D~r_ct L~n_
FACSIMILE 407/278-4755
(407) 243-7090
MEMORANDUM
Date: April 4, 1994
To: City Commission
From: David N. To1ces, Assistant City Attorne~
Subject: Amendment to Interlocal Agreement with Palm Beach
County - Annexation of Swap Shop Property
Attached for the Commission's approval is an amendment to the
Interlocal Agreement between the City and Palm Beach County
which authorizes the City to annex the North Federal Highway
properties. This amendment, if approved by both City and
County, would permit the City to annex the "swap shop" property
at 2000 N. Federal Highway.
It is hoped that the County Commission will have approved the
amendment at its April 5, 1994 meeting. In the event any
changes are made to the amendment, I will advise you at that
time.
Please call if you have any questions.
DNT: sh
Attachment
cc: David Harden, City Manager
Sharon Morgan, City Clerk's Office
Diane Dominguez, Director of Planning & Zoning
swap.dnt
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.
.
AMENDMENT TO INTERLOCAL AGREEMENT
PROVIDING FOR ANNEXATION OF ENCLAVES
THIS AMENDMENT TO THE INTERLOCAL AGREEMENT dated
,1994, is made and entered into this day of April, 1994,
between the CITY OF DELRAY BEACH, a municipality located in
Palm Beach County, Florida, hereinafter referred to as "CITY"
and PALM BEACH COUNTY, hereinafter referred to as "COUNTY",
each one constituting a public agency as defined in Part I of
Chapter 163, Florida Statutes.
WHEREAS, at its meeting of January 11, 1994, the City
Commission of the City of Delray Beach approved the Interlocal
Agreement Providing for the Annexation of Enclaves within the
municipal limits of the City of Delray Beach;
WHEREAS, at its meeting of March 22, 1994, the County
Commission for Palm Beach County approved the Interlocal
Agreement Providing for the Annexation of Enclaves within the
municipal limits of the City of Delray Beach;
WHEREAS, Section 171.046, Fla. Stat., provides for annexa-
tion of certain enclaves by entering into an Interlocal Agree-
ment between the Municipality and the County having juris-
diction over such enclaves; and
WHEREAS, Section 171.046, Fla. Stat., limits annexation by
Interlocal Agreement to enclaves of ten ( 10) acres or less in
size; and
WHEREAS, Section 171.031(13) (a) and (b), Fla. Stat., as
amended by Chapter 93-206, Laws of Florida, defines enclaves as
developed or improved property bounded on all sides by a single
municipality, or bounded by a single municipality and by a
natural or manmade obstacle that allows passage of vehicular
traffic to that unincorporated area only through the
municipality; and
WHEREAS, the County and the City have determined that it
is appropriate and will promote efficient provision of govern-
mental services for the City to annex certain enclaves; and
WHEREAS, the County and the City desire to amend the
Interlocal Agreement to include an additional enclave as
defined in Section 171.031(13)(a) and (b) ;
WHEREAS, the County and the City have determined that the
parcel to be annexed pursuant to this Amendment is an improved
property based upon the availability of water and sewer systems
and the availability and access to a public right-of-way; and
,
,
.
WHEREAS, it has been determined by the City and by the
County that the parcel to be annexed by this Amendment meets
the requirements set out in Section 171.031913) (a) and (b) and
171.046, Fla. Stat. , as the parcel is developed, is less than
ten (10) acres in size, and is surrounded by the City and a
natural or manmade obstacle that allows passage of vehicular
traffic to the enclaves only through the City; and
WHEREAS, the enclave identified for annexation in this
Amendment is in the City's future annexation areas set forth in
the adopted Comprehensive Plan of the City of Delray Beach; and
WHEREAS, the County and the City agree that the parcel to
be annexed via this Amendment to the Interlocal Agreement is
subject to the Land Use Atlas of the Palm Beach County Compre-
hensive Plan and County zoning and subdivision regulations
until the City adopts a comprehensive plan amendment to
formally include the parcel in its adopted Comprehensive Plan
and to formally affix a zoning designation thereto.
NOW, THEREFORE, in consideration of the mutual represen-
tations, terms, and covenants hereinafter set forth, the
parties hereby agree as follows:
Section 1. Purpose
The purpose of this Amendment is to allow annexation by
the City of an unincorporated enclave which is identified in
Exhibit A which is attached hereto and made a part hereof.
Section 2. Incorporation of Interlocal Agreement
All provisions contained in the Interlocal Agreement dated
March 22, 1994, entered into between the parties remain in full
force and effect.
Section 3. Annexation
The unincoporated enclave identified in Exhibit "A", which
is attached hereto and made a part hereof, are hereby annexed
into and are included in the corporate boundaries of the City
of Delray Beach.
Section 4. Effective Date
This Agreement shall take effect upon execution by both
parties.
Section 5. Filing
Upon execution by both parties, a copy of this Agreement
shall be filed with the Clerk of the Circuit Court in and for
Palm Beach County.
2
.
-
Section 6. Captions
The captions and section designations herein set forth are
for convenience only_and shall have no substantive meaning.
CITY OF DELRAY BEACH, FLORIDA PALM BEACH COUNTY
By: By:
Thomas E. Lynch, Mayor
ATTEST: ATTEST:
City Clerk
Approved as to Form: Approved as to Form:
City Attorney County Attorney
anxamend. agt
3
,
,
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[ITY IF DELIAY BEA[H
DELIA Y BEACH -
. I. 0 . II .to -100 N.W. 1st AVENue . OELRAY BEACH. FLORIDA 33444 4(J7:243· 7000
...... .
.-aiJ EXHIBIT "A"
, III J. File t 94-060
1993
SUBJECT: PROPOSED ANNEXATION, LAND USE PLAN AMENDMENT AND
INITIAL ZONING BY THE CITY OF DELRAY BEACH - DELRAY
SWAP SHOP.
PROPERTY DESCRIPTION: South 403.25 feet of the easterly
497.35 feet of the west one-half (W
1/2) of the southwest one-quarter
(SW 1/4) of southeast one-quarter
(SE 1/4) and that part of the south
... 403.40 feet of the southeast one-
quarter (SE 1/4) of the southwest one-
quarter (SW 1/4) being the northerly
128.66 feet of southerly 272.66 feet
lying east of State Road 5 as in OR
2311, Page 701.
TOGETHER WITH
That part of westerly 155.89 feet of
south 403.4 feet of west one-half (W
1/2) of southwest one-quarter (SW 1/4)
of southeast one-quarter (SE 1/4) and
east 44.11 feet of northerly 171.24
feet of south 403.4 feet of southeast
one-quarter (SE 1/4) of southwest one-
quarter (SW 1/4) lying east of State
Road 5.
TOGETHER WITH
That part of westerly 166.40 feet of
south 403.4 feet of west one-half (W
1/2) of southwest one-quarter (SW 1/4)
of southeast one quarter (SE 1/4) and
easterly 131.42 feet of southerly 144
feet of southeast one-quarter (SE 1/4)
of southwest one-quarter (SW 1/4)
lying east of State Road 5.
~ ;::~~~~1:" ;:I'!C"r.~'f P~c"r THE EFFORT ALWAYS MATTERS
.
. .
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
~ITY MANAGER
FROM:
SUBJECT: AGENDA ITEM i 5 Pj6 - SPECIAL/WORKSHOP MEETING APRIL 5, 1994
DATE: APRIL 4, 1994
.
This is first readinq of an ordinance for Annexation, Small Scale Land
Use Plan Amendment from County CH/5 (Commercial High Intensity-
Residential equivalent of 5 units per acre) to a City Future Land Use
Designation of GC (General Commercial), and Initial Zoning of GC
(General Commercial) for the Delray Swap Shop.
At one time, the property owner of the Delray Swap Shop indicated a
desire to be annexed into the City voluntarily. Agreements were drawn
that spelled out the terms and conditions of the voluntary annexation.
However, at the request of their attorney, changes were made to the
agreement that deleted requirements for future improvements to parking
areas. A voluntary agreement was never achieved.
A bill to eliminate the enclave annexation provision is progressing
through the State Legislature at this time, and may be passed soon. In
light of that possibility, it is necessary to proceed with the
annexation of the Swap Shop under the enclave provision, rather than as
a voluntary action. An amended Interloaal Aqr..ment with the County 18
being prepared that would include the Delray Swap Shop property.
First reading of the ordinance provid·ing for annexation, zoning, and
small scale amendment may occur now. However, there are several
notification requirements that must be met prior to the second reading
of the ordinance, which would necessitate a delay of approximately 30
days.
If approved, the second reading of the ordinance will be scheduled for
the City Commission meeting of May 17, 1994.
Jo, Iq~qc.{
~5/0.
.
·
ORDINANCE NO. 19-94
AN. ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH, A PARCEL OF LAND LOCATED AT 2001 NORTH
FEDERAL HIGHWAY, AND BEING MORE PART I CULÀRLY
DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING
THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND ;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO
THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF
DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND ;
ELECTING TO PROCEED UNDER THE SINGLE HEARING
ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC
(GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, Drive-In Theaters of Florida, Inc. is the fee-simple
owner of a parcel of land~located at 2001 North Federal Highway, as the
same is more particularly described herein; and
WHEREAS, the City of Delray Beach, Florida, has initiated
annexation proceedings, pursuant to Florida Statute 171.046(2) (a), to
include the subject property within the corporate limits of the City,
and has heretofore been authorized to annex lands in accordance with
Sections 171.044 and 171.046(2)(a) of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is
contiguous to the corporate limits of the City of Delray Beach, Florida;
and
WHEREAS, the subject property hereinafter described is
presently under the jurisdiction of Palm Beach County, Florida, having a
County Future Land Use Map designation of CH-S (Commercial High
Intensity with a residential equivalent of 5 units/acre); and
WHEREAS, the advisory Future Land Use Map (FLUM) designation
for the subject property in the City of Delray Beach, Florida, is GC
(General Commercial); and
WHEREAS, the City's Future Land Use Map designation of GC
(General Commercial) is consistent with the County FLUM designation of
CH-5 (Commercial High Intensity with a residential equivalent of 5
units/acre) for the property hereinafter described; and
,
,
WHEREAS, the City's FLUM designation as initially contained on
the City's Future Land Use Map adopted in November, 1989, and as sub-
sequently amended, are deemed to be advisory only until an official Land
Use Amendment is processed; and
WHEREAS, the designation of a ;oning classification is part of
this proceeding, and provisions of Land Development Regulations Chapter
Two have been followed in establishing the proposed zoning designation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1- That the City Commission of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City the
following described land located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
See Legal Description attached as Exhibit "A"
The subject property is located on the east side of
North Federal Highway, at 2001 North Federal
Highway; and containing a 6.45 acre parcel of land,
more or less. ..
Section 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described
tract of land and said land is hereby declared to. be within the
corporate limits of the City of Delray Beach, Florida.
Section 3. That the land hereinabove described shall
immediately become subject to all of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws to
which lands in the City of Delray Beach are now or may be subjected,
including the StortnWater Management Assessment levied by the City
pursuant to its ordinances and as required by Florida Statues Chapter
197, and persons residing thereon shall be deemed citizens of the City
of Delray Beach, Florida.
Section 4. That this annexation of the subject property,
including adjacent roads, alleys, or the like, if any, shall not be
deemed acceptance by the City of any maintenance responsibility for such
roads, alleys, or the like, unless otherwise specifically initiated by
the City pursuant to current requirements and conditions.
Section 5. That the Future Land Use Map designation of the
subject property is hereby officially affixed as GC (General
Commercial).
2 ORD. NO. 19-94
,
Section 6. That the City of Delray Beach elects to make this
small scale amendment by having only an adoption hearing, pursuant to
Florida Statutes Section 163.3187(1)(c)4.
Section 7. That Chapter Two of the Land Development
Regulations has been followed in the estAblishment of a zoning classifi-
cation in this ordinance and the tract of land hereinabove described is
hereby declared to be in Zoning District GC (General Commercial) as
defined by existing ordinance of the City of Delray Beach.
Section 8. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 9. 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 10. That this ordinance shall become effective
on second and final reading.
PASSED AND ADOPTED in regular ses'sion on second and final
reading on this the day of , 1994.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
anna.ord
3 ORD. NO. 19-94
,
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£ITY DF DELRA' BEAEM
DElIA Y BEACH -
, I. 0 . I . .. ~oo N.W. ht AVENUE . OELRAY SEACH, FLORIDA 3~ 407:243· 7000
bOd .
.A.lnca ¡; EXHIBIT "A"
'1111. me t 94-060
1993
..
SUBJECT: PROPOSED ANNEXATION, LAND USE PLAN AMENDMENT AND
INITIAL ZONING BY THE CITY OF DELRAY BEACH - DELRAY
SWAP SHOP.
PROPERTY DESCRIPTION: South 403.25 feet of the easterly
497.35 feet of the west one-half (W
1/2) of the southwest one-quarter
(SW 1/4) of southeast one-quarter
(SE 1/4) and that part of the south
. .... 403.40 feet of the southeast one-
quarter (SE 1/4) of the southwe.t one-
quarter (SW 1/4) being the northerly.
128.66 feet of southerly 272.66 fee~
lying east of State Road 5 as in OR
. 2311, Page 701.
TOGETHER WITH
That part of westerly 155.89 feet of
south 403.4 feet of west one-half (W
1/2) of southwest one-quarter CSW 1/4)
of southeast one-quarter (5E 1/4) and
east 44.11 feet of northerly 171.24
feet of south 403.4 feet of southeast
one-quarter (5E 1/4) of southwest one-
quarter (SW 1/4) lying east of State
Road 5.
TOGETHER WITH
That part of westerly 166.40 feet of
south 403.4 feet of west one-half (W
1/2) of southwest one-quarter CSW 1/4)
of southeast one quarter (5E 1/4) and
easterly 131.42 feet of southerly 144
feet of southeast one-quarter (5E 1/4)
of southwest one-quarter CSW 1/4)
lying east of State Road 5.
~ ø~~~~::.. FlKY':"-: p!c.' THE EFFORT AL.WAYS MATTERS
,
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN
CITY MANAGER ~
FROM: DIANE DOMINGUEZ ~J.>--.' '~
DIRECTOR OF PLANNING AND ZONING
SUBJECT: SPECIAL MEETING OF APRIL S, 1994
ANNEXATION, SMALL SCALE LAND USE PLAN AMENDMENT FROM
COUNTY CHIS ( COMMERCIAL HIGH INTENSITY-RESIDENTIAL
EQUIVALENT OF 5 UNITS PER ACRE) TO A CITY FUTURE LAND USE
DESIGNATION OF GC (GENERAL COMMERCIAL), AND INITIAL ZONING
OF GC (GENERAL COMMERCIAL) FOR THE DELRAY SWAP SHOP
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance annexing the Delray
Swap Shop, changing the Future Land Use designation from County
CHIS to City GC (Gen~ral Commercial), and applying an initial
zoning designation of GC (General Commercial).
The petition involves the Delray Swap Shop property, located
on the east side of North Federal Highway, north of Allen
Avenue.
B A C K G R 0 U N D:
On March 22, 1994, the County Commission approved an Interlocal
Agreement with the City of Delray Beach which called for the
annexation of the North Federal Highway Enclaves, in accordance with
provisions of Florida Statute 171.046. That same evening, the City
Commission approved on second reading the individual ordinances
annexing those properties.
Neither the agreement nor the ordinances included the Delray Swap
Shop property. The reason for its exclusion from those actions was
that the owner, Preston Henn, had indicated a desire to come into
the City voluntarily, by a separate agreement. Based upon his
stated intentions, staff worked to produce an agreement that spelled
out the terms and conditions of the voluntary annexation. Several
meetings were held between City staff and Swap Shop representatives
to ensure that the agreement would be satisfactory to all parties.
On several occasions, staff asked that a signed voluntary annexation
petition be submitted, however, that petition was not forthcoming.
.
City Commission Documentation
Annexation, FLUM Amendment, and Initial Zoning--Delray Swap Shop
Page 2
The Planning and Zoning Board considered the annexation, small scale
amendment, and initial zoning for the Delray Swap Shop at its
meeting of February 28, 1994, and recommended approval. Absent a
signed annexation petition, the item was not scheduled for City
Commission consideration.
In recent weeks, staff has had numerous conversations with Swap Shop
representatives regarding their intention to proceed. At the
request of their attorney, Roger Sabers on, changes were made to the
agreement that deleted requirements for future improvements to
parking areas. Every reasonable attempt has been made to
accommodate their wishes.
During this legislative session, a bill has been pending that would
eliminate the enclave annexation provision. We have recently been
informed by lobbyist Kathy Daley that the bill has made progress and
may be passed soon. In light of that possibility, it is necessary
to proceed with the annexation of the Swap Shop under the enclave
provision, rather than as a voluntary action.
The City Attorney's Office is preparing an amended Interlocal
Agreement for consideration by the County Commission that would
include the Delray Swap Shop property. First reading of the
ordinance providing for the annexation, zoning, and small scale
amendment may occur immediately. However, there are several
.
notification requirements that must be met prior to the second
reading of the ordinance. Those requirements necessitate a delay of
approximately 30 days before the second reading. If approved, the
second reading of the ordinance will be scheduled for the City
Commission meeting of May 17, 1994.
PRO J E C T DES C RIP T ION:
The subject property consists of three parcels comprising
approximately six and a half acres of land. The property contains
the Delray Swap Shop, which consists of merchant booths on the west
half, and parking on the east half of the site.
The property will be brought into the City with a zoning designation
of Ge, General Commercial, which allows flea markets as a
conditional use. Thus, the swap shop will be considered a
conforming conditional use. A concurrent small scale land use plan
amendment changing the designation from County CHIS to City General
Commercial is also being processed. This property meets the
requirements for processing as a small scale amendment. For a full
analysis of this petition, see the attached Planning and Zoning
Board staff report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board held a public hearing on the
annexation, Small Scale Land Use amendment and initial zoning of the
Delray Swap Shop at the regular meeting of February 28, 1994. There
were no comments from the public on this item. The Board
recommended approval by a vote of 7-0.
,
City Commission Documentation
Annexations and Initial Zoning of the North Federal Enclaves
Page 3
R E COM MEN D E D ACT ION:
By motion, approve the annexation, Small Scale Land Use Plan
amendment (from County CHIS to City GC), and initial zoning to GC
(General Commercial) for the Delray Swap Shop property, based on
positive findings with respect to LDR Sections 3.1.1 and 3.3.2,
and policies of the Comprehensive Plan, and on the recommendation
of the Planning and Zoning Board, and . based upon the following
additional findings:
That the property is contiguous, reasonably compact, and does
not create an enclave.
That services will be provided to the property in a manner
similar to other similar properties within the City.
Attachment:
* P&Z Staff Report & Documentation of 2/28/94
* Ordinance by others
4
or:CCSWAP.DOC
,
· ÞLANNING ANn ZONING BOARD
CITY OF DELRAY Blr\CH --- ~ ,-AFF REPORT ---
MEETING DATE: FEBRUARY 28, 1994
AGENDA ITEM: IV.A.
,.
ITEM: ANNEXATION, SMALL SCALE PLAN AMENDMENT, AND ZONING FOR TPE
DELRAY SWAP SHOP
GENERAL DATA:
Owners...................Delray swap Shop
Associates, Inc.
Applicant................Preston Henn
Location.................Approximately 1500
feet south of Gulfstreaa
Boulevard, on the east
side of· Federal Highway.
Property Size............6.45 Acres
City Land Use Plan.......General Commercial
(with Large Scale
Mixed Use Overlay)
County Land Use Plan.....CH-5 (Commercial with
a residential equivalent
of 5 units/acre)
Current County Zoning....CG (General Commercial)
Proposed City Zoning.....Ge (General Commercial)
Adjacent Zoning...Morth: Ie (Autoaotive Commercial)
East: as (Single Family Residential
- Town of Gulfstreaa)
South: SAD (Special Activities
District)
West: GC
Existing Land Use........Delray Swap Shop.
Water Service,..........,Existing 12" water main
along Federal Highway.
Sewer Service............Existing on site via an
8" sewer main in Federal
Highway.
,
.
I T E M S E r 0 R E THE S 0 A R D:
The item before the Board is that of making a
recommendation on a voluntary annexation (pursuant to
Florida statute 171.044), a Small Scale Land Use amendment
from· County CH\5 (Commercial High Intensity) to City GC
(General Commercial), and initial zoning of GC (General
COJDJÍ1ercial).
LDR Sections 2.4.5 (A) , (C) and (D) provide rules and
procedures for the processing of this petition.
The subject property is located on the east side of North
Federal Highway north of N.E. 21st Street (extended) and is
known as the Delray Swap Shop.
SAC K G R 0 U N D:
The Delray Swap Shop is one enclave within the unincorporated
area known as the North Federal Highway corridor. This corridor
is surrounded by three municipalities, Boynton Beach to the
~ - . north, Gulfstream on the east, and Delray Beach on the south and
west. The area ha~ been a subject of concern to the City for
many years. Problems with abandoned buildings, undesirable
uses, drug sales and prostitution have plagued the area.
For a full background history on the North Federal Highway
corridor see the North Federal Highway Enclave annexation
report.
In 1993, the Florida State legislature recognized that enclaves
can create significant problems in planning, growth management,
and service delivery, and declared that it is the policy of the
State to eliminate enclaves. To this end, the passage of ELMS
III legislation in 1993 allowed municipalities to annex enclaves
under 10 acres in size, through an interlocal agreement with the
County having jurisdiction of the enclave (Florida Statute
171.046) .
An interlocal agreement which included this property was first
scheduled before the City Commission on November 23, 1993, but
was deferred in order that discussions could be held with the
owner of the Delray Swap Shop property. These discussions have
been pursued and as a result the owner has agreed to voluntarily
annex via an annexation agreement.
The City Commission initiated the related Small Scale
Comprehensive Plan amendment and initial zoning at its meeting
of February 8, 1994.
,
P & Z Staff Repe
Delray Swap Shop Voluntary Annexation
Page 2
PRO J E C T D E 8 C RIP T I 0 H:
The territory to be annexed includes three parcels noted on the
Palm Beach County Property Appraiser's Map as parcels 505, 506,
and 507 having a combined acreage of 6.445 acres. The property
contains the Delray Swap Shop (Del ray Flea Market) which has
merchant· booths on the west half of the site and parking on the
east half of the site. The proposed Future Land Use designation
is General Commercial. The propose~ zoning designation will be
GC (General Commercial).
The area being annexed will include the adjacent half of Federal
Highway right-of way.
A H N E X A T lOR A HAL Y 8 I 8:
Florida Statutes Governing Annexations:
Pursuant to Florida statute 171.044 "the owner or owners of real
properties in an incorporated area of the County, which is
contiguous to a municipality and reasonably compact may petition
the governing body of said municipality that said property be
annexed to the municipality". Pursuant to F.8. 171.044 (5)
uland shall not be innexed through voluntary annexation when
such annexation results in the creation of enclaves".
* The property is contiguous with the City, reasonably
compact, and its annexation will not create an
enclave. The annexation will reduce an existing County
enclave area.
Land Development Regulation. Governing Annexation..
Pursuant to the Land Development Regulations Section 2.4.5
(C)(I) "the owner of land may seek the annexation of contiguous
property, under his ownership" pursuant to Florida Statutes.
Annexation agr....nt:
The applicant has agreed to voluntarily annex into the City
subject to an annexation agreement. For specific details on
this agreement see the attached Planning and Zoning Memorandum
from Director David J.Kovacs.
COM PRE HEN 8 I V E P LAN A N A L Y S I 8:
Consistency between the City and County Land Us. Map
Designations:
The City's .current Future Land Use Map designation for
these properties is "General Commercial". The County's
Land Use designation for these parcels is CH/5 (Commercial
High Intensity - Residential equivalent of 5 units per
acre) .
.
-- -
P & Z Staff Repe
Delray Swap Shop Voluntary Annexation
Page 3
The City's "General Commercial" Land Use desiqnation is
consistent with the County's CH\5 (Commercial Hiqh
Intensity) desiqnation. The City's FLUM desiqnations as
initially contained on the City's Future Land Use Map
adopted in November, 1989, (and as formally amended
subsequently) are deemed to be advisory until an official
L~nd Use Amendment is processed.
Adjacent Land Use Map Designations and Land Uses a
.
The surroundinq Land Use Map desiqnation to the west is
General Commercial. The land Use desiqnation to the east is
Low Density Residential in the City of Gulfstream. To the
south is General Commercial with a Larqe Scale Mixed Use
overlay, and to the north is Commercial Hiqh Intensity in
Palm Beach County (to be annexed into the City as GC by a
separate action).
The existinq Land Us.s are residential (Place Au Soleil) to
the east, vacant to the south. To the north and west the
site is bordered by commercial uses (antique shop and
warehouse) .
Consistency with the City's Comprehensive Plana
Designated Annexation Area: The territory to be annexed is
located wi thin "desiqnated annexation area No. 1" on the east
side of North Federal Highway north of N.E. 21st Street
( extended) . Annexation of the territory is consistent with
Policy B-3.4 of the Future Land Use Element, which calls for
annexation of eliqible properties.
Provision of Sarvieasa When annexation of property occurs,
services are to be provided in a manner which is consistent with
services provided to other similar properties already in the
City (Future Land Use Policy B- 3 . 1) . The followinq is a
discussion of required services and the manner in which they
will be provided.
Police: This property is currently serviced by the Palm Beach
County Sheriff's Office, located at 345 South Conqress, which
serves the South County area. The property lies within Sheriff
patrol zone 4. Zone 4 is bordered by EI Clair Ranch Road on the
west, the Atlantic Ocean on the east, Boynton Beach on the
north, and Atlantic Avenue to the south. One officer is
assigned to a particular zone during a shift (three shifts per
day) . Additional response can be mustered from "Cover Cars"
which roam throuqhout zones randomly, dependinq on their
availability in South County durinq that time.
The City of Delray Beach's Police Department has more manpower
to respond in this area; as a consequence, significantly
improved response time should be realized. Annexation will not
require additional manpower, as the police currently pass the
property while patrolling areas of the City to the north and
west of the property.
,
P , Z Staff Repe
Delray Swap Shop , Voluntary Annexation
Page 4
F ire and Imergency Service.. The annexation of this property
will not require additional manpower. The municipal area is
served by Fire Station No. 1 (West Atlantic Avenue).
With annexation, the property will receive an improvement in
.. response· time from the current 8 1/2 minutes of the County Fire
Departm~nt (Indian Springs Station 1 Military Trail' Gulf Road)
to approximately 4 minutes for the City's Fire Department (Fire
Station No 11 West Atlantic Avenue).
Water: A 12" water main exists along the east side of Federal
Highway in front of this property.
Fire suppression is provided along the east side of Federal
Highway by existing fire hydrants immediately south of this
property and at the northwest corner of the property. The
property does not currently receive municipal water whlch is
available upon payment of standard connection fees.
Sewer: The property ls currently served by munlcipal sewer via
a 10" gravity sewer main which runs along the east side of
Federal Highway in front of the site.
Street.: This property has direct access to North Federal
Highway. Federal Highway is under the jurisdiction of the FOOT
(Florida Department. of Transportation) . The jurisdictional
responsibility and the associated maintenance responsibility
will not change upon annexation.
Parks and Open Space: The annexation of the commercial property
will not create an additional impact on park and recreational
facilities.
Financial Impact.,
Effect Upon Annexed Property:
For the 1993 tax year the three parcels which make up the Delray
Swap Shop have a combined assessed value of $1,538,494.00. With
the change from County to City jurisdiction, the following taxes
and rate. will be affected:
Ad Valorem Taxes Millaqe With Annexation
Fire IRes cue MSTU 2.6201 Deleted (County)
Library .3915 Deleted (County)
City Of Delray Beach 6.8600 Added (City)
City of Delray Beach Debt 1.1400 Added (City)
---------
4.9884 Difference·
'* Total tax millage in the County is 20.0772 mills while in
the City the total millage rate is 25.0656 mll1s.
P & Z Staff Repf
Delray Swap Shoþ - Voluntary Annexation
Page 5
The current yearly ad valorem taxes are $30,888.65. With
annexation the yearly ad valorem taxes will be $38,563.27 a tax
difference of $7,674.62. In addition to property taxes, the
following Non Ad Valorem fiscal impositions apply:
Delray Beach Storm Water Utility - This city assessment will be
approximately $3,240 based upon the combined (100') impervious
area of the buildings, parking areas, etc. Properties within
the North Federal Highway area do. not qualify for the 25'
discount for private streets or 25' discount for being wi thin
the L.W.D.D.
Solid Waste Authority - The North Federal Highway area is
currently serviced by South Florida Sanitation, which is under a
five year contract that runs from October 1, 1993 through
September 30, 1998. The City's contract is currently through
Waste Management, Inc. Pursuant to Florida Statute 171.062
(4)(a) "if a party has an exclusive franchise which is in effect
for at least six months prior to the initiation of an
annexation, the franchisee may continue to provide such services
to the annexed area for five years or the remainder of the
franchise term whichever is shorter". The annexation will be
consummated prior to the minimum six month period so the waste
service provider will change with the annexation.
.
The flat rates for commercial properties will remain the same at
.064 per sq. ft. of building area. These flat fees cover
disposal and the base fee only. Collection rates will be
negotiated with Waste Management on an individual basis, and
will vary depending on dumpster size and frequency of pick up.
Occupational Licence Fee. - Upon annexation the Delray Swap Shop
vendors will be required to obtain City of Delray Beach
Occupational Licenses. These licenses will be in addition to
the current County licenses. Through the proposed annexation
agreement the City will collect an annual fee from the Delray
Swap Shop rather than assess individual vendors. This annual
fee will be calculated each year using a formula based on the
average number of vendors. Using the above formula the annual
fee for Calendar Year 1994, will be $11,500.00. See attached
write up on the annexation agreement fro. David J. Kovacs,
Planning Director for further details.
Water/Sewer Rate Reductions - The Delray Swap Shop is currently
served by municipal sewer. The property is charged a base rate
of $43.13 a month which includes a 25' Out-of-City surcharge.
Upon annexation the property will receive municipal sewer at the
standard City rates and will experience a reduction of
approximately $8.64 a month or $103.44 a year savings.
P , Z Staff Repe
De1ray Swap Shop . Voluntary Annexation
Page 6
Resulting Impacts to Property OWner I
TABLE A
SUMMARY OF IMPACT ON DELRAY SWAP SHOP
FINANCIAL CONSIDERATIONS I
AD VALOREM TAXES
(Change from 93/94 county of 20.0772
to City 93/94 rate 25.0656 mills.(4.9884) +$7,674.62
NON AD VALOREM
Stormwater Assessment +$3,240.00
Solid Waste Collection NA
WATER' SEWER UTILITY FEES - $103.44
Current rate less 25' surcharge
OCCUPATIONAL LICENSE FEES $11,500.00
ANNUAL FINANCIAL IMPACT I + $22,311.18
NA - Data not available
SERVICE CONSIDERATIONS I
FIRE RESPONSB + Faster response time from
8 1/2 minutes (County) to
4 minutes (City).
EMS + Faster response time from
8 1/2 minutes (County) to
4 minutes (City).
POLICE + Better response based upon
more officers in field.
CODE ENPORCEMlRT + Pro-active vs reactive
opportunity to work with
property owners
Fiscal Impacts to the City: At the 1993 City operating millage
rate of 6.86 mills and debt rate of 1.14 mills, the property
will generate approximately $12,307.95 in ad valorem taxes per
year. This property is within the Community Redevelopment Area
and as such the City will receive taxes on the value of the
property in the base year 1985 in which the CRA was established.
Ninety five percent of all subsequent increases in property
values would be paid to the CRA as Tax Increment Financing.
While the 1985 property values are not yet available they are
anticipated to be fairly close to the current values.
Additional revenues will be realized through the annual
collection of the stormwater assessment fee ($3,240 annually) as
well as occupational license fees (approximately $11,500
annually), utility taxes (9.5' electric, 7' telephone) and
franchise fees on electric, telephone, and cable.
.
P & Z Staff Repe
Delray Swap Shop Voluntary Annexation
Page 7
Additional revenues will be realized through the annual
collection of Occupational Licence Fees. These fees will be
assessed as an annual fee calculated each year ,using a formula
based on the average number of vendors. Using this formula the
annual fee for Calendar Year 1994, will be $11,500.00.
The City· Utility Fund will realize a revenue loss of $103.44
with the elimination of the City sewer 25' surcharge assessed on
Out-of-City utility users. However, after annexation connection
to the water system will occur; thus additional water use
revenues will off-set the reduction in sewer revenue.
TABLE D
COMBINED FINANCIAL IMPLICATIONS TO THE CITY
GENERAL FUND
AD VALOREM TAXES $12,307.95
PER CAP REIMBURSEMENTS: .00
UTILITY TAXES:
Electric (1): $3,762.00
Natural gas (2): .. .00
Phone (3): +$245.95
FRANCHISE FEES:
Electric (4): +$2,376.00
Phone (5): +$35.13
Natural Gas (6): .00
Cable (7): .00
OCCUPATIONAL LICERCI FII : (9)
, +11,500.00
STORMWATER ASSISSMENT UTILITY FUND
ASSESSKBNTS:
Stormwater Assessment +$3,776.00
SEWER AND WATER UTILITY FUND
UTILITY SERVICE FEES:
Water Utilities (8) .00
Sewer Utilities (8) -$103.44
ANNUAL TOTAL: +$33,899.59
NA - Data not available
(1) Electric Utility Tax based on 9.5' commercial
,
P & Z Staff Repe
Delray Swap Shop . Voluntary Annexation
Page 8
(2) Natural Gas Utility Taxes are based on 8.5 , of Gas bill
(3) Phone Utility Taxes are based on 7' of phone bills -
business accounts are a minimum of $36.60
(4) Electric Franchise fees based on 6' of FPL bills
(5) Phone Franchise fee based on l' of phone bill
(6) Natural Gas Franchise fees are based on 5 , of gas bill
(7) caþle Franchise Fees are based on 3' of cable bill
(8) Represents loss of 25' surcharge assessed out of City
utility users
(9) Special calculation - see annexation agreement
Z 0 N I N G A N A L Y S I S:
The proposed City zoning designation is GC (General Commercial)
and the current County zoning designation is CG (Commercial
General) .
The surrounding zoning designations are GC (General Commercial)
to the west, SAD (Special Activities District) to the south, CG
(County Commercial General) to the north, and RS (Residential
Single Family) to the east.
The City zoning designation of General Commercial is similar to
the existing County designations and represents the prevailing
use of the property. Upon annexation only the City zoning
designation is applicable.
REQUIRED r I N DIN G Sa (CHAPTER 3)
Pursuant to Section 3.1.1 (Required rinding.), prior to the
approval of development application., certain finding. mu.t be
made in a fora which i. part of the official record. Thi. may
be achieved through information on the application, the Staff
Report or Minute.. rinding. shall be made by the body which has
the authority to approve or deny the development application.
These finding. relate to the following four area.:
ruture Land U.e Mapa The u.e or structure. mu.t be allowed in
the zoning di.trict and the zoning district mu.t be consistent
with the land u.e de.ignation.
The proposed GC zoning designations is consistent with the
underlying "General Commercial" Land Use Designation.
The existing Flea Market use is allowed as a conditional use in
the General Commercial zoning district, thus when annexed the
use will be a conforming conditional use.
Concurrency: Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within the
Comprehensive Plan.
,
P & Z Staff Rept
Delray Swap Shop - Voluntary Annexation
Page 9
The proposal involves the annexation of existing
development. There will be no changes in the manner that
drainage, and sewer will be provided. Fire, Police, EMS,
and solid waste will shift to a different provider;
however, all of these services will be equal to or enhanced
(see annexation analysis for details) . It is anticipated
that connection will be made to the City water system post
annexation.
Compliance with Land Development Regulations.
Upon annexation, the property will come under the development
regulations of the City. Compliance with the perimeter
landscape requirements adjacent to all rights-of way (i.e.
Federal Highway) and compliance with the City sign code will be
required upon annexation. The implications of these regulations
have been discussed with the applicant and plans for compliance
are underway. Any future modifications to the site must comply
with the LDR's.
Within the annexation agreement certain phased off-site
improvements are proposed. During the earlier phases these
improvements will not meet City specifications. These off site
improvements include;
* Installation and maintenance of a pedestrian
walkway along Dixie Highway which during Phase 1 may
be mulch or some other surface suitable for walking.
Phase 2 (April 95-96) will require installation of
surface meeting development specifications of the
City.
* Provision of parking spaces within the Dixie Highway
right-of-way which do not have to meet City
specifications for paved entries, travelways, parking
spaces, curbing, and landscape areas surfaces until
Phase 2 (April 95-96) and Phase 3 (April 96-97).
* Provision of minimum requirements for off-site
parking areas requiring frontage landscaping,
perimeter landscaping on all property boundaries and
paved driveway access points and driveway aisles.
The mechanism to accommodate deferred or partial compliance with
the LDR'S is being worked on by the City Attorney.
Consistency:
Compliance with the performance standards .et forth in Section
3.3.2 (Zoning), along with the required finding. in Section
2.4.5, shall be the ba.i. upon which a finding of overall
consistency i. to be made. Other objective. and policies found
in the adopted Comprehensive Plan may be u.ed in making of a
finding of overall consistency. The applicable performance
standard. of Section 3.3.2 and other polici.. which apply are a.
follow.:
,
P , Z Staff Rep'
Delray Swap Shop - Voluntary Annexation
Page 10
A) Performance Standard 3.3.2(A) states that a rezoning to
other than CF within .table residential area. .hall be
denied.
The site is not within a designated residential area.
Thus, this standard does not apply.
B) Performance Standard 3.3.2(D)~ states: That the rezone
shall result in allowing land use. which are deemed
compatible with adjacent and nearby land use both existing
and proposed, or that if an incompatibility may occur, that
sufficient regulations exist to properly mitigate adverse
impacts from the new use.
The initial zoning designations represent the existing
commercial land use. The commercial zoning
designations are compatible with adjacent commercial
uses and the prevailing land use pattern.
Pursuant to Section 2.4.5(D)(1), a ju.tification .tatement
providing the reason for which the change i. being sought
must accompany all rezoning request.. The Code further
identifies certain valid reason. for approving the change
being sought. .
As this zoning petition involves initial zoning
designations to be assigned to properties being
annexed and the initial City Zoning is equivalent to
the existing County Zoning, the above section does not
apply.
R B V I B W B Y o T H IRS:
COMMUNITY REDEVELOPMENT AGENCY:
The proposed annexation is in the Community Redevelopment Area.
The Community Redevelopment Agency considered the request at
its meeting of February 10, 1994 and had no comments.
COUNTY NOTICE:
On February 9, 1994 the Palm Beach County Planning Division was
notified of the City's intent to annex this property. To date,
a response has not been received.
PUBLIC NOTICE:
Notice to all property owners wi thin 500 feet of the subject
property has been given. Courtesy notices were also sent to
Deborah Dowd (Northeast Neighborhood), Robert Dittman, Stanley
Milosky, and Loren Shaffer (of the North Federal Highway Task
Team) . Notice of the Plan Amendment was also provided to the
Interlocal Plan Amendment Review Committee (IPARC) which
distributes to all adjacent municipalities.
,
.
P & Z Staff Rep'
Delray Swap Shop - Voluntary Annexation
Page 11
ASS B SSM B N T AND CON C L U S ION S:
Accommodating the annexation of this property and affixing
an initial City zoning designation of GC is consistent with the
City's program for annexation of territory within its Planning
and Service Area. The annexation is also consistent with the
State's'policy under Elms III legislation to eliminate enclaves
and promote annexation into the most appropriate municipality
and service provider.
The annexation will provide the property with better Police,
Fire, EMS and Code Enforcement services. The property will
experience an increase in taxes, and stormwater assessment fees,
which will be partially offset by lower sewer rates.
The City will receive additional revenue from property taxes
(base year value 1985), stormwater assessment fees, and
associated utility taxes and franchise fees. There will be a
slight decrease of $103.44 in sewer utility fees, however an
increase from other revenues will result in a net increase to
the City of approximately $33,899.59 a year.
A L T B R N A T I V B S:
.
A. Continue with direction.
B. Recommend approval of the annexation, small scale amendment
from Cft\5 to GC and an initial zoning designations of GC
(General Commercial).
C. Recommend denial of the annexation, small scale amendment
and initial zoning with the basis stated.
S TAr r R B COM N B R D A T I 0 R:
Recommend approval of this annexation, small scale land use
amendment from Cft\5 to GC, and initial zoning designation of GC
(General Commercial) upon positive findings with respect to
Section 3. 1. I, Section 3.3.2 and policies of the Comprehensive
Plan and the following:
That the property is contiguous, reasonably compact and
does not create an enclave.
That services will be provided to the property in a manner
similar to other similar properties within the City.
PD/1:.lr_d___p
,
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MEMORANDut/I
__________._ ______ _ ._u...._
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [/
SUBJECT: AGENDA ITEM # ~ ~ ~SPECIAL/WORKSHOP - APRIL 5, 1994
HISTORIC PRESERVA I9N~:E'RºJ?~B'l"{TbX u~XF,:lvIP~'I'Lº-t:-!
DATE: APRIL I, 1994
Attached is information regarding a proposed ordinance amending Section
4.5.1 Historic Preservation, to authorize ad valorem tax exemptions for
historic properties. Also attached is Chapter 92-159 of Florida
Statutes.
,
·
¿/\
f7 ~/l
CITY COMMISSION WORKSESSION DOCUMENTATION
SUBJECT: INFORMATION REGARDING A PROPOSED ORDINANCE
AMENDING SECTION 4.5.1 HISTORIC PRESERVATION, TO
AUTHORIZE AD VALOREM TAX EXEMPTIONS FOR HISTORIC
PROPERTIES.
MEETING DATE: APRIL 5, 1994 ~~. í\
THRU: DIANE DOMINGUEZ, DIRECTOR (ßAy. lÛ~kvlì~fJþ'
DEPARTMENT OF PLANNING AND ONING I, - '"
PREPARED BY: PAT CAYC~TORIC PRESERVATION PLANNER ,,_I
B A C K G R 0 U N D
On November 3, 1992 Florida voters approved an amendment to the
State constitution that allows local governments to provide
property tax exemptions on improvements to historic properties.
The Florida legislature enacted Section 196.1997 and 196.1988 to
govern the allowance of such exemptions. The goal of this
legislation is to encourage preservation and rehabilitation of
historic properties and to assist in efforts to revitalize
older neighborhoods and commercial areas.
Section 196.1997 provides a great deal of flexibility for
communities in drafting an incentive ordinance. The Historic
Preservation Board recommended that a draft ordinance be
prepared and has made suggestions with respect to the philosophy
and objectives of the ordinance as follows:
Encourage restoration, renovation and rehabilitation
without adversely affecting the property tax base or
finances of the City.
Assure that the work visibly improves the exterior of the
property and therefore improves the neighborhood.
Assure that the program is easy to administer by the City.
Assure that the incentive is significant enough that
property owners will want to participate.
SUMMARY OF THE PROPOSED ORDINANCE
A property would qualify for tax exemption if it is individually
listed on the National Register of Historic Places; is
individually listed on the Local Register of Historic Places; or
is a contributing (historic) structure located within one of
City commission Documentation
Meeting of April 5, 1994
Page 2
the City's four Historic Districts. The tax exemption will be
available to owners of qualifying residential and commercial
properties for a period of 10 years.
Qualifying properties will be exempt from that portion of ad
valorem taxes levied by the City on 100% of the increased and
assessed value resulting from the renovation. The exemption does
not apply to taxes levied for payment of bonds, or taxes
authorized by a vote of the electors. The exemption does not
apply to personal property.
In order for proposed rehabilitation to qualify for exemption
the improvements must conform to the Rules adopted by the
Department of State; and be consistent with Section 5.4.1(E) of
the Historic Preservation ordinance which includes the criteria
set forth by the Secretary of the Interior's Standards for
Rehabilitation. In order to retain an exemption, however, the
historic character of the property, and improvements which
qualified the property for an exemption, must be maintained
over the period for which the exemption is granted.
All exemption applications will be submitted on a form which has
been adopted by the Department of State and all applications
will by reviewed by the Historic Preservation Board through the
Certificate of Appropriateness process. After reviewing the
application at a public meeting the Historic Preservation Board
will then recommend that the City Commission grant or deny the
application. A majority vote of the City Commission will be
required to approve the tax exemption.
The applicant must complete the renovation within 2 years of the
initial exemption application. The tax exemption will become
effective on January 1 of the year following completion of the
work.
Palm Beach County has not yet passed a tax incentive ordinance
for historic properties, however such ordinances have been
established by West Palm Beach and the Town of Palm Beach.
Attached is a hypothetical example of the tax benefits as
reflected by the proposed ordinance.
.
·
City commission Documentation
Meeting of April 5, 1994
Page3
EXAMPLE: OWNER OCCUPIED RESIDENTIAL PROPERTY
Before Rehabilitation:
Property Value $100,000
Homestead Exemption -25,000
Taxable Value 75,000
City Taxes/Yr. (8 Mils) $600
After $30,000 Rehabilitation without Proposed Exemption:
Property Value $130,000
Homestead Exemption -25,000
Taxable Value 105,000
Property Tax/Yr (8 Mils) $840
After $30,000 Rehabilitation with Proposed Exemption:
Property Value $130,000
Homestead Exemption -25,000
Taxable Value 105,000
Property Tax/Yr $75,000 @ 8 Mils $600
Taxes/Yr on $30,000 improv. @1.14 Mils +34
Total Property TaxlYr $634
Tax Savings per Year $ 206
Total Savings for 10 years $ 2,060
File/c:taxy
,
-'ó EXEMPTION F.S. 1993 F,~
Cf
Constitution. Any such exemption shall remain in effect affix to the face of the application. Upon the request of to
for up to 10 years with respect to any particular facility, the property appraiser, the department shall provide to thE
regardless of any change in the authority of the county him such information as it may have available to assist
or municipality to grant such exemptions. The exemp- in making such determination. eXt
tion shall not be prolonged or extended by granting (9) An ordinance granting an exemption under this In'
exemptions from additional taxes or by virtue of any section shall be adopted in the same manner as any chi
reorganization or sale of the business receiving the other ordinance of the county or municipality and shall qu;
exemption. include the following: tail
(6) The authority to grant exemptions under this sec- (a) The name and address of the new business or gra
tion will expire 10 years after the date such authority was expansion of an existing business to which the exemp- (
approved in an election, but such authority may be tion is granted; tori
Re~
renewed for another 10-year period in a referendum (b) The total amount of revenue available to the tior
called and held pursuant to this section. county or municipality from ad valorem tax sources for offi,
(7) Any person, firm, or corporation which desires an the current fiscal year, the total amount of revenue lost
economic development ad valorem tax exemption shall, to the county or municipality for the current fiscal year om;
in the year the exemption is desired to take effect, file by virtue of economic development ad valorem tax gov
a written application on a form prescribed by the depart- exemptions currently in effect, and the estimated reve- exe
ane
ment with the board of county commissioners or the nue loss to the county or municipality for the current fis- The
governing authority of the municipality, or both. The cal year attributable to the exemption of the business
application shall request the adoption of an ordinance named in the ordinance; pro'
granting the applicant an exemption pursuant to this (c) The period of time for which the exemption will beft
section and shall include the following information: remain in effect and the expiration date of the exemp- meE
(a) The name and location of the new business or tion; and see
the expansion of an existing business; (d) A finding that the business named in the ordi- app
(b) A description of the improvements to real prop- nance meets the requirements of 's. 196.012(15) or (16). (ï
erty for which an exemption is requested and the date History.-s. 2. ch. 80-347: s 1. ch 83-141: s 30. ch. 84-356: s 11, ch, 86-300: mu~
of commencement of construction of such improve- s, 1, ch. 90-57. ernil
'Note.-Substituted for a reference to s, 196,012(14) or (15) by the editors to con· grar
ments; torm to the renumbering of subsections of s. 196012 by s 1, ch 88-102 be E
(c) A description of the tangible personal property
for which an exemption is requested and the dates when 196.1997 Ad valorem tax exemptions for historic reqL
such property was or is to be purchased; properties.- fyin[
(d) Proof, to the satisfaction of the board of county (1 ) The board of county commissioners of any ing t
commissioners or the governing authority of the munici- county or the governing authority of any municipality nant
pality, that the applicant is a new business or an expan- may adopt an ordinance to allow ad valorem tax exemp- erty
sion of an existing business, as defined in 's. tions under s. 3, Art. VII of the State Constitution to his- assi~
196.012(15) or (16); and toric properties if the owners are engaging in the resto- in th
(e) Other information deemed necessary by the ration, rehabilitation, or renovation of such properties in the (
department. accordance with guidelines established in this section. woul
(8) Before it takes action on the application, the (2) The board of county commissioners or the gov- year~
board of county commissioners or the governing author- erning authority of the municipality by ordinance may had
total
ity of the municipality shall deliver a copy of the applica- authorize the exemption from ad valorem taxation of up inten
tion to the property appraiser of the county. After careful to 100 percent of the assessed value of all improve- 212.1
consideration, the property appraiser shall report the fol- ments to historic properties which result from the resto- (8)
lowing information to the board of county commissioners ration, renovation, or rehabilitation of such properties. ad Vc
or the governing authority of the municipality: The exemption applies only to improvements to real toric
(a) The total revenue available to the county or property. In order for the property to qualify for the to taf
municipality for the current fiscal year from ad valorem exemption, any such improvements must be made on ers 01
tax sources, or an estimate of such revenue if the actual or after the day the ordinance authorizing ad valorem tax ten a¡
J total revenue available cannot be determined; exemption for historic properties is adopted. of Stc
1 (b) Any revenue lost to the county or municipality for (3) The ordinance shall designate the type and loca-
I matio
the current fiscal year by virtue of exemptions previously tion of historic property for which exemptions may be (a)
granted under this section, or an estimate of such reve- granted, which may include any property meeting the of thE
nue if the actual revenue lost cannot be determined; provisions of subsection (11), which property may be (b)
(c) An estimate of the revenue which would be lost further required to be located within a particular geo- erty ft
to the county or municipality during the current fiscal graphic area or areas of the county or municipality. of co
year if the exemption applied for were granted had the (4) The ordinance must specify that such exemp- ment~
property for which the exemption is requested otherwise tions shall apply only to taxes levied by the unit of gov- (c)
been subject to taxation; and ernment granting the exemption. The exemptions do not histor;
(d) A determination as to whether the property for apply, however, to taxes levied for the payment of bonds ResoL
which an exemption is requested is to be incorporated or to taxes authorized by a vote of the electors pursuant that is
into a new business or the expansion of an existing busi- to s. 9(b) or s. 12, Art. VII of the State Constitution. erty u
ness, as defined in 1S. 196.012(15) or (16), or into neither, (5) The ordinance must specify that any exemption (d)
which determination the property appraiser shall also granted remains in effect for up to 10 years with respect histori
1390
,
.
F.S, 1993 F.S. 1993 EXEMPTION Ch, 196
)n the request of to any particular property, regardless of any change in Resources, whichever is applicable, that the improve-
t shall provide to the authority of the county or municipality to grant such ments to the property will be consistent with the United
vailable to assist exemptions or any change in ownership of the property. States Secretary of Interior's Standards for Rehabilita-
ìption under this In order to retain the exemption, however, the historic tion and will be made in accordance with guidelines
character of the property, and improvements which developed by the Department of State.
~ manner as any qualified the property for an exemption, must be main- (e) Other information deemed necessary by the
cipality and shall tained over the period for which the exemption is Department of State.
granted. (9) The board of county commissioners or the gov-
new business or (6) The ordinance shall designate either a local his- erning authority of the municipality shall deliver a copy
"hich the exemp- toric preservation office or the Division of Historical of each application for a historic preservation ad valorem
available to the Resources of the Department of State to review applica- tax exemption to the property appraiser of the county.
tions for exemptions. The local historic preservation Upon certification of the assessment roll, or recertifica-
n tax sources for office or the division, whichever is applicable, must rec- tion, if applicable, pursuant to s. 193.122, for each fiscal
1t of revenue lost ommend that the board of county commissioners or the year during which the ordinance is in effect, the property
urrent fiscal year governing authority of the municipality grant or deny the appraiser shall report the following information to the
ad valorem tax exemption. Such reviews must be conducted in accord- local governing body:
) estimated reve- ance with rules adopted by the Department of State. (a) The total taxable value of all property within the
or the current fis- The recommendation, and the reasons therefor, must be county or municipality for the current fiscal year.
of the business provided to the applicant and to the governing entity (b) The total exempted value of all property in the
before consideration of the application at an official county or municipality which has been approved to
\e exemption wilt meeting of the governing entity. For the purposes of this receive historic preservation ad valorem tax exemption
te of the exemp- section, local historic preservation offices must be for the current fiscal year.
med in the ordi- approved and certified by the Department of State. (10) A majority vote of the board of county commis-
(7) To qualify for an exemption, the property owner sioners of the county or of the governing authority of the
16.012(15) or (16). must enter into a covenant or agreement with the gov- municipality shall be required to approve a written appli-
14-356; s 11. ch 86-300; erning body for the term for which the exemption is cation for exemption. Such exemption shall take effect
·15) by Ihe editors 10 con· granted. The form of the covenant or agreement must on the January 1 following substantial completion of the
s. I. ch 88-102 be established by the Department of State and must improvement. The board of county commissioners or the
'ions for historic require that the character of the property, and the quali- governing authority of a municipality shall include the fol-
fying improvements to the property, be maintained dur- lowing in the resolution or ordinance approving the writ-
ssioners of any ing the period that the exemption is granted. The cove- ten application for exemption:
any municipality nant or agreement shall be binding on the current prop- (a) The name of the owner and the address of the
lorem tax exemp- erty owner, transferees, and their heirs, successors, or historic property for which the exemption is granted.
assigns. Violation of the covenant or agreement results
Jnstitution to his- in the property owner being subject to the payment of (b) The period of time for which the exemption will
ging in the resto- the differences between the total amount of taxes which remain in effect and the expiration date of the exemp-
uch properties in would have been due in March in each of the previous tion.
d in this section. years in which the covenant or agreement was in effect (c) A finding that the historic property meets the
)ners or the gov- had the property not received the exemption and the requirements of this section.
ý ordinance may total amount of taxes actually paid in those years, plus (11) Property is qualified for an exemption under this
"m taxation of up interest on the difference calculated as provided in s. section if:
e of all improve- 212.12(3). (a) At the time the exemption is granted, the prop-
jlt from the resto- (8) Any person, firm, or corporation that desires an erty:
such properties. ad valorem tax exemption for the improvement of a his- 1. Is individually listed in the National Register of
Jvements to real torìc property must, in the year the exemption is desired Historic Places pursuant to the National Historic Preser-
o qualify for the to take effect, file with the board of county commission- vation Act of 1966, as amended; or
lust be made on ers or the governing authority of the municipality a writ- 2. Is a contributing property to a national-register-
19 ad valorem tax ten application on a form prescribed by the Department listed district; or
opted. of State. The application must include the following infor- 3. Is designated as a historic property, or as a con-
he type and loca- mation: tributing property to a historic district, under the terms
~mptions may be (a) The name of the property owner and the location of a local preservation ordinance; and
erty meeting the of the historic property. (b) The local historic preservation office or the Divi-
oroperty may be (b) A description of the improvements to real prop- sion of Historical Resources, whichever is applicable,
a particular geo- erty for which an exemption is requested and the date has certified to the local governing authority that the
municipality. of commencement of construction of such improve- property for which an exemption is requested satisfies
lat such exemp- ments. paragraph (a).
y the unit of gov- (c) Proof, to the satisfaction of the designated local (12) In order for an improvement to a historic property
xemptions do not historic preservation office or the Division of Historical to qualify the property for an exemption, the improve-
layment of bonds Resources, whichever is applicable, that the property ment must:
"lectors pursuant that is to be rehabilitated or renovated is a historic prop- (a) Be consistent with the United States Secretary
Constitution. erty under this section. of Interior's Standards for Rehabilitation.
it any exemption (d) Proof, to the satisfaction of the designated local (b) Be determined by the Division of Historical
ears with respect historic preservation office or the Division of Historical Resources or the local historic preservation office,
1391
.
Ch,196 EXEMPTION F.S.1993
whichever is applicable, to meet criteria established in exempt from ad valorem taxation, provided the fOllowing
rules adopted by the Department of State. criteria for exemption are met by the not-for-profit
(13) The Department of State shall adopt rules as pro- sewer and water company
vided in chapter 120 for the implementation of this sec- (a) Net income derived by the company does not
tion. These rules must specify the criteria for determin- inure to any private shareholder or individual.
ing whether a property is eligible for exemption; guide- (b) Gross receipts do not constitute gross income
lines to determine improvements to historic properties for federal income tax purposes.
which qualify the property for an exemption; criteria for (c) Members of the company's governing board
the review of applications for exemptions; procedures serve without compensation.
for the cancellation of exemptions for violations to the (d) Rates for services rendered by the company are
agreement required by subsection (7); the manner in established by the governing board of the county or
which local historic preservation offices may be certified counties within which the company provides service; by
as qualified to review applications; and other require- the Public Service Commission, in those counties in
ments necessary to implement this section. which rates are regulated by the commission; or by the
History.-s 1. ch. 92-159. Farmers Home Administration.
1961998 Additional ad valorem tax exemptions for . (e). Ownership of the company reverts to the county
h': rt' t th bl' In which the company conducts Its business upon retlre-
IstorlC prope les open 0 e pu IC.- . .
(1) If an improvement qualifies a historic property for ment of all outstanding Indebtedness of the company.
an exemption under s. 196.1997, and the property is Notwithstanding anything above, no exemption shall be
used for nonprofit or governmental pur~oses and IS reg- granted until the property appraiser has considered the
ularly and frequently open for the public s vIsitation, use, proposed exemption and has made a specific finding
and benefit, the board of county commISSioners or the that the water and sewer company in question performs
governing authority of the municipality by ordinance a public purpose in the absence of which the expendi,
may authorize the exemption from ad valorem taxation ture of public funds would be required.
of up to 100 percent of the assessed value of the prop- (2)(a) No exemption authorized pursuant to this see-
erty, as improved, anyprovlslon of s. 196.1997(2) to the tion shall be granted unless the company applies to the
contrary notwithstanding, If all other provIsions of that property appraiser on or before March 1 of each year for
section are complied with; provided, however, that the such exemption. In its annual application for exemption,
assessed value of the Improvement must be equal to at the company shall provide the property appraiser wit~ .
least 50 percent of the total assessed value of the prop- the following information: 'Ji
erty as Improved. The exemptIOn applies only to real 1. Financial statements for the immediately preced",
property to which improvements are made by or for the ing fiscal year, certified by an independent certified pu '
use of the eXisting owner. In order for the property to lic accountant, showing the financial condition and re
qualify for the exemption provided In this section, any ords of operation of the company for that fiscal year;
such lr1!provements must be made on or after the day 2. Any other records or information as may ¡
the ordinance granting the exemption IS adopted. . requested by the property appraiser for the purposes
(2) In additIOn to meeting the criteria established In determining whether the requirements of subsection
rules adopted by the Department. of State under s. have been met.
196.1997, a historic property IS qualified for an exemp- (b) The exemption from ad valorem taxation shall
tlon under this section If. the. DIvIsion of. Hlstoncal be granted to a not-for-profit sewer and water co~p.
Resources; or the local hlstonc preservation office, unless the company meets the criteria set forth In8.
whichever IS. applicable,. determmes that the property section (1). In determining whether the company is 0
meets the criteria established In rules adopted by the ated as a profitmaking venture, the property appr
Department of State under this section. shall consider the following: ~
(3) In addition to the authonty granted to the Depart- 1. Any advances or payments directly or indi,
ment of State to adopt rules under s. 196.1997, the by way of salary, fee, loan, gift, bonus, gratuity, dra
Department of State shall adopt rules as provided In account, commission, or otherwise (except lor,
chapter 120 lor the Implementation of this section, which bursement of advances for reasonable out-of-
shall include criteria for determining. whether a property expenses incurred on behalf of the applicant) to an
IS qualified for the exemption authorized by this section, son company or other entity directly or indirect!
and other rules necessary to Implement this section. troll~d by such Persons or which Pays any com
Hlstory.-s 2. ch. 92-159 'bê
tion to its officers, directors, trustees, mem .
196,2001 Not-for-profit sewer and water company stockholders for services rendered to or on behalt
propertyexemption.- corporation;
(1) Property of any sewer and water company 2. Any contractual arrangement by the cor
owned or operated by a Florida corporation not for profit, with any officer, director, trustee, mem,ber, f ~
the income from which has been exempt, as of January holder of the corporation regardmg rendition 0 8
1 of the year for which the exemption from ad valorem the provision of goods or supplies, the manage
property taxes is requested, from federal income taxa- applicant, the construction or renovation of t~~.
tion by having qualified under s. 115(a) of the Internal of the corporation, the procurement of the reat,
Revenue Code of 1954 or of a corresponding section of or intangible property of the corporation, or 0
a subsequently enacted federal revenue act, shall be financial interest in the affairs of the corpor
1392
,
,
.
[IT' DF DELHA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 wr~t_r·. D~r_ct L~n_
(407) 243-7090
MEMORANDUM
Date: March 21, 1994
-.
¡-;M ' ~ David Harden, City Manager
--("" ~ David N. Tolces, Assistant City Attorn~
v· - .
Subject: Historic Property Tax Exemption Ordinance
I reviewed your comments regarding the above-referenced
ordinance. The CRA exemption is not necessary and can be
deleted. I changed the fee to $50.00. The annual report can
be done on a fiscal year basis in order to conform with the
charter requirements.
I will make the necessary revisions. Please advise me as to
when you would like to present this to the Commission.
DNT: sh
cc: Lula Butler, Director of Community Improvement
Diane Dominguez, Planning & Zoning Director
Pat Cayce, Historic Preservation Planner
Joseph Safford, Finance Director
Chris Brown, Community Redevelopment Agency
historic.dnt
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