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06-28-88 Regular CITY OF DELRAY BEACH REGULAR MEETING - CITY COMMISSION JUNE 28, 1988 7:00 p.m. AGENDA Commission Chambers 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 does not provide or prepare such record. 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Presentations: A. Larry Rosensweig, The Morikami B. Tim Hunt, Solid Waste Authority 5. Agenda approval. Action: Motion to approve. PUBLIC HEARINGS 6. ORDINANCE NO. 34-88: (Second Reading) An Ordinance for the annexation of Enclave 2, located within the Seacrest Subdivision. 7. ORDINANCE NO. 35-88: (Second Reading) annexation of Enclaves 5A and 5B, located on Seacrest Boulevard and Pineridge Road. An Ordinance for the the northeast corner of 8. ORDINANCE NO. 36-88: annexation of Enclave approximately 100 feet east (Second Reading) 36, located north of Germantown Road. An of Ordinance for the Linton Boulevard, 9. ORDINANCE annexation of Drive (N. W. NO. 37-88: (Second Reading) An Ordinance Enclave 14, located at the southeast corner 11th Street) and N. W. 4th Avenue. for the of Denver 10. ORDINANCE NO. 38-88: annexation of Enclave approximately 100 feet east (Second Reading) An 16, located south of of N. W. 8th Avenue. Ordinance for the Lake Shore Drive 11. ORDINANCE annexation of Avenue and N. NO. 39-88: (Second Reading) Enclave 17, located at the N. W. 7th Street. An E. Ordinance for corner of N. W. the 8th 12. ORDINANCE NO. 40-88: (Second Reading) An Ordinance for the annexation of Enclave 18, located between Lake Shore Drive and N. W. 7th Street, approximately 100 feet west of N. W. 6th Avenue. 13. ORDINANCE NO. 41-88: (Second Reading) An Ordinance for the annexation of Enclave 19, located east of N. W. 6th Avenue on the west to N. W. 4th Avenue on the east, from N. W. 9th Avenue on the north to Gardenia Terrace on the south. 14. ORDINANCE NO. 42-88: (Second Reading) annexation of Enclave 20, located between N. W. Terrace East, approximately 200 feet east of N. An 7th W. Ordinance for the Street and Gardenia 8th Avenue. 15. ORDINANCE NO. 43-88: (Second Reading) An annexation of Enclave 21, located between N. W. 7th Terrace, west of N. W. 5th Avenue to approximately W. 6th Avenue. Ordinance for the Street and Gardenia 150 feet west of N. 16. ORDINANCE NO. 44-88: annexation of Enclave 25, approximately 360 feet north (Second Reading) An Ordinance located west of N. E. 9th of N. E. 8th Street. for the Avenue, 17. ORDINANCE NO. 45-88: (Second Reading) An Ordinance for the annexation of Enclave 26, located between N. E. 8th and 9th Avenues, approximately 130 feet north of N. E. 8th Street. 18. ORDINANCE NO. 46-88: (Second Reading) An Ordinance for the annexation of Enclave 27, located at the northwest corner of the intersection of N. E. 8th Street and N. E. 9th Avenue. 19. ORDINANCE NO. 47-88: (Second Reading) An Ordinance for the annexation of Enclave 28, located between N. E. 9th and 10th (Palm Trail) Avenues, directly north of N. E. 8th Street. 20. ORDINANCE NO. 48-88: (Second Reading) An annexation of Enclave 30, located at the southeast Street and N. E. 10th Avenue (Palm Trail). Ordinance for the corner of N. E. 8th 21. ORDINANCE NO. 49-88: (Second Reading) annexation of Enclave 29, located approximately 8th Street, east of the Intracoastal Waterway Avenue. An Ordinance 300 feet north and west of for the of N. E. Andrews 22. ORDINANCE NO. 50-88: (Second Reading) An Ordinance for the annexation of Enclave 31A (south), located generally between S. W. lOth Street and Linton Boulevard, between S. W. 9th Avenue on the east and 1-95 on the west. 23. ORDINANCE NO. 51-88: (Second Reading) An Ordinance for the annexation of Enclave 33, located at the southeast corner of S. W. 8th Avenue and Ella Street. 24. ORDINANCE NO. 52-88: (Second Reading) An annexation of Enclave 31A (south), located on Germantown Road, between Linton Boulevard and extended eastward. Ordinance for the the east side of Milfred Street, if 25. ORDINANCE NO. 53-88: (First Reading) An property at the northwest corner of Federal Highway (A&R Larson, Inc.). If passed, Second Reading July Ordinance annexing and the C-15 Canal, 12th. 26. ORDINANCE NO. 54-88: (First Reading) An annexation of Enclave 55, located west of side of between the C-15 Canal and Lindell Boulevard. Reading July 12th. Ordinance for the U. S. Highway No. 1 If passed, Second 27. ORDINANCE NO. 55-88: (First Reading) An Ordinance annexing property at the southeast corner of Linton Boulevard and S. W. 4th Avenue, between S. W. 4th Avenue and the F.E.C. Railroad (Dan Burns). If passed, Second Reading July 12th. 28. ORDINANCE City Charter Commission. NO. 56-88: to provide (Second Reading) An Ordinance amending the for change from City Council to City 29. ORDINANCE NO. 57-88: CRA Plan and Land Use Map. (First Reading) An Ordinance to adopt the If passed Second Reading July 12th. 30. ORDINANCE NO. 58-88: (First Reading, Second Public Hearing) Land Use Plan Amendment (Auburn Trace). If passed Second Reading July 12th. 31. ORDINANCE NO. 59-88: Zoning Code relative to Reading July 12th. (First Reading) An Ordinance amending the definition of frontage. If passed Second 32. ORDINANCE Zoning Code to conditional use NO. 60-88: provide for approvals. (First Reading) An Ordinance amending a time period for validity of site plan If passed, Second Reading July 12th. the and REGULAR AGENDA -2- 33. RESOLUTION NO. 36-88: Water and Sewer Revenue Refunding Bonds Series 1988. 34. ORDINANCE NO. 31-88: (Second Reading) An Ordinance approving the recodification of the City's Code of Ordinances. 35. ORDINANCE NO. 33-88: presently zoned RM-10 to CF north of N. E. 1st Street. (Second Reading) An Ordinance rezoning land to allow construction of a parking facility 36. ORDINANCE NO. 62-88: (First annexation of Enclave 31B, located Avenue, between Linton Boulevard and Second Reading July 26th. Reading) on the S. W. An west 10th Ordinance side of Street. for the S. W. 4th If passed 37. ORDINANCE NO. 63-88: (First annexation of Enclave 32, located intersection of S. W. 10th Street Second Reading July 26th. Reading) An Ordinance for the at the southwest corner of the and S. W. 4th Avenue. If passed 38. ORDINANCE NO. annexation of Enclave Intracoastal Waterway, Reading July 26th. 64-88: (First Reading) 38, located between U. south of S. E. 10th An Ordinance for the S. Highway No. 1 and the Street. If passed Second 39. ORDINANCE NO. 65-88: (First Reading) annexation of Enclave 39, located on the south the west end of said street, lying east of Intracoastal Waterway. If passed Second Reading An Ordinance side of Brooks and adjacent July 26th. for the Lane, at to the 40. ORDINANCE annexation of (Highway AlA). NO. 66-88: (First Reading) An Ordinance Enclave 42, located at Linton and Ocean If passed Second Reading July 26th. for the Boulevard 41. ORDINANCE NO. 67-88: (First annexation of Enclave 46, located Boulevard (Highway AlA) just south Second Reading July 26th. 42. ORDINANCE NO. 68-88: (First Reading) An Ordinance annexation of Enclave 47, located one quarter mile south Boulevard between Ocean Boulevard (Highway AlA) and the passed Second Reading July 26th. Reading) An along the of Linton Ordinance east side Boulevard. for the of Ocean If passed for the of Linton beach. If 43. ORDINANCE NO. 69-88: (First Reading) An Ordinance annexation of Enclave 48, located one quarter mile south Boulevard on the west side of Ocean Boulevard (Highway AlA). Second Reading July 26th. for the of Linton If passed 44. ORDINANCE NO. 70-88: (First Reading) An Ordinance for the annexation of Enclave 70, located in the Tropic Isle Subdivision off McCleary Street. If passed Second Reading July 26th. 45. ORDINANCE NO. 71-88: (First Reading) An Ordinance for the annexation of Enclave 44, located on the southeast corner of the Sun Bank property to the north of Burger King on South Federal Highway, just south of Linton. If passed Second Reading July 26th. 46. ORDINANCE NO. 72-88: annexation of Enclave 45, Highway and is presently Toyota Automobile dealership. (First Reading) An Ordinance for the located on the east side of South Federal the site of a portion of the Delray Beach If passed Second Reading July 26th. 47. ORDINANCE NO. annexation of Enclave and the L-30 Canal. 73-88: (First Reading) An Ordinance for the 58, located at the southwest corner of Davis Road 48. GOLF COURSE RESTAURANT LEASE AMENDMENT: Consider Amendment No. 1 to the Delray Beach Golf Course Restaurant and Bar License Agreement. 49. REZONING HIDDEN property located on the Homewood Lakes Subdivision LAKE SUBDIVISION: Requesting rezoning west side of Homewood Boulevard between and Lago Del Ray from RM-10 to PRD-7. of the -3- 50. ANNEXATION AND ZONING SHERWOOD FOREST GOLF, INC: Requesting annexating and zoning of property located on the south side of West Atlantic Avenue between Country Club Acres and Forest Road. 51. LAND USE PLAN AMENDMENT - FREEDOM SAVINGS AND lOAN ASSOCIATION: Requesting a Land Use Plan Amendment from MF-10 to C and rezoning from RM-10 to GC on the southwest corner of S. E. 5th Avenue and S. E. 10th Street. 52. LAND USE Requesting a Land rezoning from SAD L-32 Canal. PLAN AMENDMENT PYLON MEDICAL ASSOCIATES, LTD: Use Plan Amendment from MF-6 to Office and concurrent to POC, located east of Military Trail, south of the 53. APPOINTMENT appointment of member ending July 9, 1992. COMMUNITY REDEVELOPMENT AGENCY: Consider to the Community Redevelopment Agency to a term 54. UDAG GRANT: with respect to Agreement. Consider acceptance of Urban Development Action Grant the Auburn Trace Project and execution of the Grant 55. SALE OF LAND - PROCACCI: Consider entering into an agreement with Procacci Development Corporation for the sale of land known as Auburn Trace Project. 56. CONDITIONAL USE PERMIT REQUEST (CU 6-222): Requesting a conditional use permit and rezoning for Wallace Ford, Inc. on the northeast corner of Germantown Road and Queens Avenue. CONSENT AGENDA 57. DOLPHIN PILE VARIANCE REQUEST - MICHAEL BACARELLA: Requesting a variance for installation of dolphin pile at 917 Banyan Drive. 58. DOCK VARIANCE REQUEST - WARREN SECKLER: Requesting variance to allow construction of a dock at 837 Lake Shore Drive. 59. CONDITIONAL conditional use Federal Highway. USE PERMIT REQUEST (CU 6-118): Requesting a permit and site plan approval for Sherwood Pontiac on 60. SIDEWALK SALE: Atlantic Avenue Association requests authorization to hold a Sidewalk Sale on July 2nd from 10:00 a.m. to 5:00 p.m. on Atlantic Avenue from Swinton Avenue to AlA. 61. WATER SERVICE AGREEMENT - OTIS AND DOROTHY H. PAYNE: Requesting a water service agreement for property located at the southeast corner of Barwick Road and Maurice Drive. 62. APPOINTMENT OF PRUDENTIAL BACHE AS CO-MANAGERS OF WATER AND SEWER REVENUE REFUNDING BOND ISSUE 1988: Consider appointment of Prudential Bache as Co-Managers of the 1988 Water and Sewer Revenue Refunding Bond Issue. 63. RESOLUTION NO. 33-88: A Resolution accepting and adopting changes in the Flood Insurance Rate Maps. 64. SETTLEMENT OFFER DESORT settlement offer in the case Delray Beach. VS CITY OF DELRAY BEACH: Consider of Glenn and Danice Desort vs City of 65. AWARDS OF BIDS AND CONTRACTS: A. 1988 Water and Sewer Refunding Bond Issue _ Post, Buckley, Schuh and Jernigan - $12,500. B. Change Order No. 1 - Head Works Odor Control System _ Q & Q, Inc. - Decrease of $2,033. C. Towing Contract - Accel Towing and Recovery, Inc. _ $64,865 (to be paid by the people needing the towing service.) -4- D. N. W. Drainage Project - A.O.B. Underground - $271,975. E. Consultant Selection - Comprehensive Plan - Strategic Planning Group - $40,000 Post Buckley Schuh and Jernigan - $18,000 PROCEDURAL ITEMS 66. Comments and Inquiries on Non-Agenda Items by Citizens. 67. Approval of minutes of Special Meeting of May 27, 1988. 68. Comments and Inquiries on Non-Agenda Items: A. Commission. B. City Attorney. C. City Manager. -5- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA REPORT - MEETING OF JUNE 28, 1988 DATE: June 24, 1988 PRESENTATION Item No. 4 The following presentations will be given: A. Mr. present Beach's Larry Rosenweig, Director of the Morikami, Inc., will items to the City Commission from the Mayor of Delray sister-city Miyazu, Japan. B. Tim Hunt, Director of the design plans for landscape transfer station located south Solid Waste Authority will present and architectual treatments at the of Linton, west of Dixie Highway. . PUBLIC HEARINGS Item No. 6 (Ordinance No. 34-88) This is a Second Reading of an enacting Ordinance for the annexation of Enclave 2 which contains two single family lots under one ownership within the Seacrest Subdivision. Proposed zoning for the enclave is R-1AA. The level of service is classified as "B" meaning that service meets general standards and is equal to that provided similarly situated areas in other parts of the City. Recommend approval of Ordinance No. 34-88 annexing Enclave 2 with proposed zoning of R-1AA. Item No. 7 (Ordinance No. 35-88) This is a Second Reading of an enacting Ordinance for the annexation of Enclave 5A which consists of four single family residences with proposed zoning of RL for three of the parcels and NC for one of the parcels and for annexation of Enclave 5B which consists of five vacant parcels with a proposed zoning of R-1AA. The R-1AA designation is the same as the adjacent zoning to the north for Atlantic High School and properties to the east. The. property is located on the northeast corner of Seacrest Boulevard and Pineridge Road. The level of service is classified as "B" meaning that service meets general standards and is equal to that provided similarly situated areas in other parts of the City. An owner of property within this Enclave may ask for a zoning designation of RM instead of RL. To make this change would be inconsistent with the zoning designation of adjacent properties and would require readvertisement and a special notice to area property owners. A detailed background memo on this parcel is enclosed in the agenda packet. Recommend approval of Ordinance No. 35-88 annexing Enclave No. 5A with proposed zoning of RL and NC and Enclave No. 5B with proposed zoning of R-1AA. Item No. 8 (Ordinance No. 36-88) This enacting Ordinance for the annexation of parcel totaling .23 acres containing structure with proposed zoning of CF. of Linton Boulevard, approximately 100 The level of service is classified as services are immediately available. is a Second Reading of an Enclave 36 consisting of one a Southern Bell switching The property is located north feet east of Germantown Road. "A" meaning that all existing Recommend approval of Ordinance No. 36-88 annexing Enclave 36 with proposed zoning of CF. AGENDA REPORT Meeting of June 28, 1988 Item No. 9 (Ordinance No. 37-88) This is a Second Reading of an enacting Ordinance annexing Enclave 14 consisting of one parcel totaling .34 acres containing one single family residence with proposed zoning of R-1AA. The property is located at the southeast corner of Denver Drive (N.W. 11th Street) and N.W. 4th Avenue. The level of service is classified as "B" meaning that service meets general standards and is equal to that provided similarly situated areas in other parts of the City. Recommend approval of Ordinance No. 37-88 annexing Enclave 14 with proposed zoning R-1AA. Item No. 10 (Ordinance No. 38-88) This is a Second Reading of an enacting Ordinance for the annexation of Enclave 16 which consists of one parcel totaling .33 acres containing one single family residence. Proposed zoning for the enclave is R-1AA. The property is located south of Lake Shore Drive approximately 100 feet east of N.W. 8th Avenue. The level of service is classified as "B" meaning that service meets general standards and is equal to that provided similarly situated areas in other parts of the City. . Recommend approval of Ordinance No. 38-88 annexing Enclave 16 with proposed zoning R-1AA. Item No. 11 (Ordinance No. 39-88) This is a Second Reading of an enacting Ordinance for the annexation of Enclave 17 consisting of one parcel totaling .34 acres containing one single family residence, located at the N.E. corner of N.W. 5th Avenue and N.W. 7th Street, approximately 100 feet west of N.W. 6th Avenue. Proposed zoning for the enclave is R-1AA. The level of service is classified as "B" meaning that service meets general standards and is equal to that provided similarly situated areas in other parts of the City. Recommend approval of Ordinance 39-88 annexing Enclave 17 with proposed zoning of R-1AA. Item No. 12 (Ordinance No. 40-88) This is a Second Reading of an enacting Ordinance for the annexation of Enclave 18 consisting of one parcel totaling .64 acres containing two single family residences, located between Lake Shore Drive and N.W. 7th Street, approximately 100 feet west of N.W. 6th Avenue. Proposed zoning for the enclave is R-1AA. The level of service is classified as "B" meaning that service meets general standards and is equal to that provided similarly situated areas in other parts of the City. Recommend approval of Ordinance No. 40-88 annexing Enclave 18 with proposed zoning R-1AA. Item No. 13 (Ordinance No. 41-88) This is a Second Reading of an enacting Ordinance for the annexation of Enclave 19 consisting of 12 parcels totaling 3.08 acres containing 11 single family residences and one vacant lot, located east of N.W. 6th Avenue on the west to N.W. 4th Avenue on the east, from N.W. 9th Avenue on the north to Gardenia Terrace on the south. Proposed zoning for the enclave is R-1AA. The level of service is classified as "B" meaning that service meets general sta~dards and is equal to that provided similarly situated areas in other parts of the City. Recommend approval of Ordinance No. 41-88 annexing Enclave 19 with proposed zoning R-1AA. Item No. 14 (Ordinance No. 42-88) This is a Second Reading of an enacting Ordinance for the annexation of Enclave 20 consisting of two parcels totaling 1.08 acres containing two single family residences, located between N.W. 7th Street and Gardenia Terrace east, - 2 - AGENDA REPORT Meeting of June 28, 1988 approximately 200 feet east of N.W. 8th Avenue. the enclave is R-1AA. The level of service is meaning that service meets general standards and provided similarly situated areas in other parts of Proposed zoning for classified as "B" is equal to that the City. Recommend approval of Ordinance No. 42-88 annexing Enclave 20 with proposed zoning R-1AA. Item No. 15 (Ordinance No. 43-88) This is a Second Reading of an enacting Ordinance for the annexation of Enclave 21, which consists of four parcels totaling 1.27 acres containing three single family residences and one vacant lot, located between N.W. 7th Street and Gardenia Terrace, west of N.W. 5th Avenue to approximately 150 west of N. W. 6th Avenue. Proposed zoning for the enclave is R-1AA. The level of service is classified as "B" meaning that service meets general standards and is equal to that provided similarly situated areas in other parts of the City. Recommend approval of Ordinance No. 43-88 annexing Enclave 21 with proposed zoning of R-1AA. Item No. 16 (Ordinance No. 44-88) This is a Second Reading of an enacting Ordinance for the annexation of Enclave 25 which consists of one parcel totaling .34 acres containing two single family residences, located west of N. W. 9th Avenue, approximately 360 feet north of N.E. 9th Street. Proposed zoning for the enclave is RM-10. The level of service is classified as "A" meaning that all existing services are immediately available. Recommend approval of Ordinance No. 44-88 annexing Enclave 25 with proposed zoning of RM-10. Item No. 17 (Ordinance No. 45-88) This is a Second Reading of an enacting Ordinance for the annexation of Enclave 26 which consists of two parcels totaling .67 acres containing three single family residences located at the northwest corner of the intersection of N.E. 8th Street and N.E. 9th Avenue. Proposed zoning for the enclave is RM-10. The level of service is classified as "A" meaning that all existing services are immediately available. Recommend approval of Ordinance No. 45-88 annexing Enclave 26 with proposed zoning RM-10. Item No. 18 (Ordinance No. 46-88) This is a Second Reading of an enacting Ordinance for the annexation of Enclave 27 which consists of two parcels totaling .18 acres containing two commercial uses,located at the northwest corner of the intersection of a N. E. 8th Street and N. E. 9th Avenue. Proposed zoning for the enclave is GC. The level of service is classified as "A" meaning that all existing services are immediately available. Recommend approval of Ordinance No. 46-88 annexing Enclave 27 with proposed zoning GC. Item No. 19 (Ordinance No. 47-88) This is a Second Reading of an enacting Ordinance for the annexation of Enclave 28 consisting of three parcels totaling .72 acres containing three commercial uses located between N.E. 9th and 10th (Palm Trail) Avenues, directly north of N.E. 8th Street. Proposed zoning for the enclave is GC. The level of service is classified as "A" meaning that all existing services are immediately available. Recommend approval of Ordinance No. 47-88 annexing Enclave 28 with proposed zoning GC. - 3 - AGENDA REPORT Meeting of June 28, 1988 Item No. 20 (Ordinance No. 48-88) This is a Second Reading of an enacting Ordinance for the annexation of Enclave 30 consisting of one parcel totaling 1.3 acres containing a commercial use (marina) located at the southeast corner of N.E. 8th Street and N.E. 10th Avenue (Palm Trail). Proposed zoning for the enclave is GC. The level of service is classified as "B" meaning that service meets general standards and is equal to that provided similarly situated areas in other parts of the City. Recommend approval of Ordinance No. 48-88 annexing Enclave 30 with proposed zoning of GC. Item No. 21 (Ordinance No. 49-88) This is a Second Reading of an enacting Ordinance for the annexation of Enclave 29 which consists of a 1.03 acre portion of a canal located approximately 300 feet north of N.E. 8th Street, east of the Intracostal Waterway and west of Andrews Avenue. Proposed zoning for the enclave is R-1AAA which was requested by adjacent property owners as it is the most restricted category in our zoning code. The level of service is classified as "A" meaning that all existing services are immediately available. Recommend approval of Ordinance No. 49-88 annexing Enclave 29 ~ith proposed zoning of R-1AAA. Item No. 22 (Ordinance No. 50-88) This is a Second Reading of an enacting Ordinance for the annexation of Enclave 31A (north) which consists of property betweem S.W. 10th Street and Linton Boulevard and S.W. 9th Avenue on the east, and Interstate 95 on the west. A mixture of uses exist including single family homes, vacant residential lots, commercial uses, industrial parcels, agricultural land and community facilities (Palm Beach County Mental Health Facilities). Proposed zoning for the enclave is R-1A, LI, and CF. The level of service is classified as "D" meaning water and sewer is not generally available and there are significant costs and factors to provide service to the enclave. On the other hand the benefit to the City comes from the increased level of code enforcement and Police presence which is necessary in this particular enclave. The difficulty in coordinating law enforcement and property maintenance codes weigh in favor of annexation of this enclave. Recommend approval of Ordinance No. 50-88 annexing Enclave 31A (north) with proposed zoning R-1A, LI, and CF. Item No. 23 (Ordinance No. 51-88) This is a Second Reading of an enacting Ordinance for the annexation of Enclave 33 consisting of three parcels totaling .71 acres containing one single family residence located at the southeast corner of S.W. 8th Avenue and Ella Street. Proposed zoning for the enclave is R-1A. The level of service is classified as "B" meaning that service meets general standards and is equal to that provided similarly situated areas in other parts of the City. Recommend approval of Ordinance No. proposed zoning of R-1A. 51-88 annexing Enclave 33 with Item No. 24 (Ordinance No. 52-88) This is a Second Reading of an enacting Ordinance annexing Enclave 31A (south) which consists of property on the east side of Germantown Road, north and south of Queens Street. These lots are a part of an old plat and the Planning and Zoning Board has recommended they be placed in a holding zone designation of R-1A. Ultimate use will be commercial. The level of service is "D" since Queens Street is undeveloped. Recommend approval of Ordinance No. 52-88 annexing Enclave 31A (south) with proposed zoning of R-1A. - 4 - AGENDA REPORT Meeting of June 28, 1988 Item No. 25 (Ordinance No. 53-88) This is a First Reading of an enacting Ordinance for the voluntary annexation of property located at the southwest corner of Federal Highway and the C-15 Canal adjacent to property which comprises Enclave 55. A&R Larson Inc., represented by Roger Saberson, is requesting annexation of a .59 acre parcel of property which is presently used as a fruit and vegetable stand. The Planning and Zoning Board at its May 16th meeting recommended annexation with an initial zoning of GC. The level of service is "c" which means that while public improvements will be necessary, no immediate capital expenditures demands will be required nor will the annexation create excessive operating cost above revenues to be derived from the annexed property. The Planning and Zoning Board's recommendation was subject to the following stipulations: 1. Annexation will not create an additional enclave. 2. Service to the property will be provided in a manner similar to that for property similarly situated already in the City. 3. Zoning of GC is consistent with the adjacent zoning and does not conflict with any of the 17 standards for evaluating rezoning requests as found in Section 30-23 (D). 4. Zoning GC or the stand. of CG does not conflict with existing County zoning of existing use of the property as a fruit and vegetable 5. The zoning of GC does not conflict with the City's Land Use Plan designation of C for the property. Each of these stipulations is consistent with the zoning being applied and can be met. Recommend approval of Ordinance No. the southwest corner of Federal proposed zoning of GC. 53-88 annexing property located at Highway and the C-15 Canal with Item No. 26 (Ordinance No. 54-88) This is a First Reading of an enacting Ordinance for the annexation of the balance of Enclave 55 which consists of six parcels totalling 27.55 acres located along the west side of Federal Highway between the C-15 Canal and Lindell Boulevard with an initial zoning of GC. The level of service is "c" meaning that while public improvements will be necessary, no immediate capital expenditures demands will be required nor will the annexation create excessive operating costs above revenues to be derived from the annexed property. Recommend approval of Ordinance No. 54-88 annexing the balance of Enclave 55 with proposed zoning of GC. Item No. 27 (Ordinance No. 55-88) This is a First Reading of an enacting Ordinance for the voluntary annexation of a 5.72 acre parcel of property located at the southeast corner of Linton Boulevard and S.W. 4th Avenue, west of the F.E.C. Railroad. Dan Burns Oldsmobile, Inc. represented by Kilday and ~ssociates is requesting voluntary annexation with an initial zoning of GC (General Commercial). This parcel is a portion of Enclave No. 34. This voluntary annexation will not create an additional Enclave however. The property is contiguous to the City via the Delray Industrial Park development to the south and a vacant SAD parcel to the west which is part of the Laver's International Plaza. Water is available to site via a 8" water main located along the east side of S.W. 4th Avenue. Level of service is "c" as a result of the sewer service not being - 5 - AGENDA REPORT Meeting of June 28, 1988 readily available. Sewer service will be provided at developer expense. Recommend approval of Ordinance 55-88 annexing a 5.7 acre parcel of property located at the southeast corner of Linton Boulevard, north of F.E.C. Railroad with proposed zoning GC. Item No. 28 (Ordinance No. 56-88) This is the Second Reading of an Ordinance amending the City Charter to reflect a change in the name designation of the legislative body of the City from City Council to City Commission and of City Council Members to City Commissioner. This is a companion Ordinance to one scheduled for adoption later in this agenda recodifying the City's Code of Ordinances. Recommend approval of Ordinance No. 56-88 amending the City Charter to provide for a change from City Council to City Commission. Item No. 29 (Ordinance No. 57-88) This action will adopt the Community Redevelopment Agency's (CRA) Plan and Land Use Map, with certain exceptions, and officially make it a part of the City's Comprehensive Plan. The first public hearing on this proposed amendment was held in February 1988. We have received comments lrom D.C.A., a copy of which is enclosed in your agenda package, and can now proceed with adoption. Recommend approval of Ordinance No. 57-88 amending the City's Comprehensive Plan to incorporate the Community Redevelopment Agency's Plan and Land Use Map, except as previously exempted pursuant to the Planning and Zoning Board's recommendations, on first reading. Item No. 30 (Ordinance No. 58-88) Land Use Plan Amendment 88-1. This action will amend the Land Use Map by changing 4.7 acres from SF to RM. This will then allow the rezoning which is necessary to accommodate the Auburn Trace Project. The 4.7 acres under review is situated west of the City Cemetary and north of Carver Estates. The first public hearing on this proposed amendment was held in February1988. We have received comments from D.C.A., which are enclosed in you agenda package, and can now proceed with adoption. Recommend approval of Ordinance No. 58-88 amending the Land Use Map from SF to RM for 4.7 acres of land located west of the City Cemetary and north of Carver Estates, designated as proposed site for Auburn Trace project, on first reading and direct the City Clerk to advertise for first reading and public hearing on July 12, 1988. Item No. 31 (Ordinance No. 59-88) This is a First Reading of an enacting Ordinance amending Chapter 30, Section 30-1 of the Zoning Code of Ordinances, to change the definition of frontage. The new definition of frontage is proposed is: The shortest property line adjacent to a public street except for property lines which abut a major or minor thoroughfare, in which case the major and/or minor thoroughfare lot line, or lines, shall be deemed the frontage. Notwithstanding the previous sentence if a property line adjacent to a public street has a limited access easement, running the length of such adjacent property line, in favor of and accepted by the City such line shall not be deemed the frontage. Recommend approval Ordinance, Chapter frontage. of Ordinance No. 59-88 amending the Zoning Code of 30, Section 30-1 to include redefinition of Item No. 32 The City Commission asked staff to address the changes in this proposal regarding "improvements" and "due diligence". The changing of what constitutes improvements is proposed in order to reduce the bureaucracy of the planning and permitting process and to - 6 - AGENDA REPORT Meeting of June 28, 1988 maintain more administrative oversignt of projects. Increasing the percentage required before a project is vested will help assure quality development in a timely manner. The phrase "due diligence" is not used at present. It was inserted to give the City further flexibility if it became necessary to determine the status of a project about which some questions might exist. If the Commission is uncomfortable with the phrase it can be deleted. A more detailed explanation of these items is contained in your agenda packet. Recommend adoption of Ordinance 60-88 as drafted. REGULAR AGENDA Item No. 33 (Resolution 36-88) Water and Sewer Revenue Refunding Bonds Series 1988. The City Commission authorized refunding of our outstanding Water and Sewer Bonds to defray costs associated with the City's water and sewer operations. A schedule for the preparation and sale of the bonds was included in your Manager's Report last week. This resolution is the next step in that process. Mudge Rose, Guthrie Alexander and Ferdon have prepared the Resolution which has been reviewed by Finance and Legal staff. The refunJing issue authorizes up to $30 million dollars in refunding revenue bonds. While the City contemplates sale of $24,850,000 in revenue bonds the higher cap allows for possible fluctuations in the bond market between now and the time the sale occurs which could affect the level of bond reserves required. There is no new money contemplated in this resolution; it is a refinancing resolution only. Art Ziev of Cranston/Prescott will be in attendance to provide a brief but detailed explanation of the bond refinancing. The resolution itself is very lengthy and as a result I have attached in your agenda packet only the title page of the resolution and the table of contents. A complete copy of the bond resolution is on file in the Commission office. Recommend approval of Resolution No. 36-88 authorizing the refunding of Water and Sewer Revenue Bonds Series 1988. Item No. 34 (Ordinance No. 31-88) This is a Second Reading of an Ordinance approving the recodification of the City's Code of Ordinances, revising and rearranging sections of the Code, adding new matter and repealing various Ordinances consistent with direction given to American Legal Publishing Company for Municipal Code recodification. Recommend approval of of the City's Code Company. Ordinance No. 31-88 providing for recodification of Ordinances by American Legal Publishing Item No. 35 (Ordinance No. 33-88) This is a Second Reading of an Ordinance rezoning properties located north of N.W. 1st Street from RM-10 to CF for the purpose of constructing a public parking garage. The Planning and Zoning Board recommended, on a 6-1 vote, rezoning to CF (Community Facilities). The Community Facilities designation is permitted within the existing RM-10 usage and thus a Land Use Plan amendment is not required. Approval of this zoning change will allow construction of a public parking facility adjacent and north of the proposed Jacobson's Department Store to proceed. Recommend approval CF for properties Street. of Ordinance No. 33-88 designating a City zoning of located east of 7th Avenue and north of N.W. 1st Item No. enacting 36 (Ordinance No. 62-88) This Ordinance annexing Enclave No. is 31B. a First Reading of an This Enclave includes - 7 - AGENDA REPORT Meeting of June 28, 1988 properties between S.W. 10th Street and the Southridge Subdivision. It also includes the undeveloped eastern portion of Southridge. Proposed zoning is R-1A. The level of service is "D" meaning water and sewer is not generally available and there are significant costs and factors to provide service to the enclave. On the other hand the benefit to the City comes from the increased level of code enforcement and Police presence which is necessary in this particular enclave. The difficulty in coordinating law enforcement and property maintenance codes weigh in favor of annexation of this enclave. Recommend approval of Ordinance No. 62-88 for the annexation of Enclave No. 31B with proposed zoning of R-1A. Item No. 37 (Ordinance No. 63-88) This is a First Reading of an enacting Ordinance for the annexation of Enclave No. 32 which consists of a single 9.3 acre parcel on which the pine Grove Elementary School is located. The initial proposed zoning is to CF. The level of service is classified as "B" meaning that service meets general standards and is equal to that provided similarly situated area in other parts of the City. . Recommend approval of Ordinance No. 63-88 annexing Enclave No. 32 with proposed zoning of CF. Item No. 38 (Ordinance No. 64-88) This is a First Reading of an enacting Ordinance for the annexation of Enclave 38 which consists of a single 4.09 acre parcel owned by the Florida Inland Navigation District (FIND). The undeveloped vacant parcel is located along the Intracostal Waterway east of a point where Federal Highway north and southbound come together, south of 10th Street S.E. Proposed zoning for the vacant parcel is CF. The level of service is "A" meaning that all services are immediately available. Recommend approval of Ordinance No. 65-88 annexing Enclave No. 38 with proposed zoning of CF. Item No. 39 (Ordinance No. 65-88) This is a First Reading of an Ordinance for the annexation of Enclave No. 39 which consists of a single family residence on one parcel totalling .27 acres located on Brooks Lane west of Ocean Boulevard (Highway A-I-A) with proposed zoning of R-1AA. Level of service is "B" meaning that .service meets general standards and is equal to that provided similarly situated areas in other parts of the City. Recommend approval of Ordinance No. 65-88 annexing Enclave 39 with a proposed zoning of R-1AA. Item No. 40 (Ordinance No. 66-88) This is a First Reading of an enacting Ordinance for the annexation of Enclave No. 42 which consists of three parcels of property with a total acreage of 3.09 acres. The site is presently occupied by the Colony Cabana Club located at Linton and Ocean Boulevard (Highway A-I-A). Proposed zoning is RH. A public hearing will be held by the Planning and Zoning Board on Monday June 23rd and it is possible that density recommendations may be altered following the Planning and Zoning Board hearing. The level of service is "B" meaning that service meets general standards and i' equal to that provided similarly situate areas in other parts of the City. Recommend approval proposed zoning of Board. of RH Ordinance No. 66-88 annexing Enclave 42 with a pending findings of the Planning and Zoning Item No. 41 (Ordinance No. 67-88) This is a First Reading of an enacting Ordinance for the annexation of Enclave No. 46 which consists of 40 existing multiple family residences on two parcels of property - 8 - AGENDA REPORT Meeting of June 28, 1988 totalling 2.7 acres. The properties are located along the east side of Ocean Boulevard (Highway A-I-A) just south of Linton Boulevard. Proposed zoning is RH pending the findings of the Planning and Zoning Board at their meeting on June 23rd at which time a public hearing will be held. The level of service is "B" meaning that service meets general standards and is equal to that provided similarly situated areas in other parts of the City. Recommend approval a proposed zoning Zoning Board. Item No. 42 (Ordinance No. 68-88) This is a First Reading of an enacting Ordinance for the annexation of Enclave No. 47 which consists of a six foot wide strip of land approximately 1/4 mile south of Linton Boulevard between Ocean Boulevard (Highway A-I-A) and the Beach. The parcel totals .06 acres and a proposed zoning of RH is recommended pending comments at a public hearing scheduled before the Planning and Zoning Board on June 23rd. The level of service is "A" meaning that all existing services are immediately available. of Ordinance No. 67-88 annexing Enclave No. 46 with of RH pending the findings by the Planning and Recommend approval a proposed zoning Board. of Ordinance No. 68-88 annexing Enclave No. 47 ~ith of RH pending findings by the Planning and Zoning Item No. 43 (Ordinance No. 69-88) This is a First Reading of an enacting Ordinance for the annexation of Enclave No. 48 which consists of three single family residences on three parcels totalling 1.07 acres located approximately 1/4 mile south of Linton Boulevard along the west side of Ocean Boulevard (A-I-A). Proposed zoning is RH pending a recommendation from the Planning and Zoning Board following their public hearing scheduled for June 23rd. The level of service is "C" as a result of the sewer service not being readily available. Sewer service will be provided at owner expense. Recommend approval of Ordinance No. 69-88 annexing Enclave 48 with proposed zoning of RH pending the findings of the Planning and Zoning Board. Item No. 44 (Ordinance No. 70-88) This is a First Reading of an enacting Ordinance for the annexation of Enclave No. 43 which is an undeveloped 4.02 acre parcel owned by the Florida Inland Navigation District (FIND). Proposed zoning for the property which is located in the Tropic Isle subdivision off McCleary Street is CF pending a recommendation from the Planning and Zoning Board following their public hearing on June 23rd. The level of service is "A" meaning that all existing services are immediately available. Recommend approval of Ordinance No. 70-88 annexing Enclave No. 43 with a proposed zoning of CF pending a recommendation from the Planning and Zoning Board. Item No. 45 (Ordinance No. 71-88) This is a First Reading of an enacting Ordinance for the Annexation of Enclave No. 44 which consists of two parcels of developed land (parking and landscaping) on the southeast corner of the Sun Bank property to the north of Burger King on South Federal Highway just south of Linton. Proposed zoning is sr.. The lots total .29 acres. The level of service is "A" meaning that all existing services are immediately available. Recommend approval of Ordinance No. 71-88 annexing Enclave No. 44 with a proposed zoning of SC. Item No. 46 (Ordinance No. 72-88) This is a First Reading of an enacting Ordinance for the Annexation of Enclave No. 45 which consists of a 1.01 acre parcel located on the east side of south Federal - 9 - AGENDA REPORT Meeting of June 28, 1988 Highway and is presently the Toyota Automobile dealership. that all existing services are is SC. site of a portion of the Delray Beach The level of service is "A" meaning immediately available. Proposed zoning Recommend approval of Ordinance No. 72-88 annexing Enclave No. 45 with a proposed zoning of SC. Item No. 47 (Ordinance No. 73-88) This is a First Reading of an enacting Ordinance for the Annexation of Enclave No. 58 which consists of a 29.19 acre area containing 21 existing and five vacant single family lots in Lone Pine Estates. Proposed zoning is ART (Agricultural Residential Transitional). The level of service is "D" primarily as a result of the absence of water and sewer service and the additional Fire and EMS services required. When water and sewer becomes available, property owners will be assessed the appropriate connection fee. It is anticipated that revenues derived from property taxes will largely offset additional expenses required otherwise. Recommend approval of proposed zoning of ART. Ordinance 72-88 annexing Enclave No. 58 with a . Item No. 48 AMENDMENT TO DELRAY BEACH GOLF COURSE RESTAURANT AND BAR LICENSE AGREEMENT. This is a proposed amendment to the golf course restaurant license agreement extending the expiration date to be concurrent with the golf course operator's lease. This item follows your Workshop meeting on Friday May 27th. The amendment address three issues. The license agreement expiration date is extended to December 31, 1989 so that the expiration date here will be the same as that of the current license agreement with the Golf Course Operator. The second amendment deletes the requirement of the $25,000 performance bond but includes provisions for permitting the City to require additional security for performance should we deem it to be appropriate in the future during the course of the license agreement. The third provision contains language acknowledging the fact the City is contemplating certain repairs or renovations to the structure which houses the bar and restaurant facility. These include the possibility of demolition of the entire structure. In the event such events transpire during the course of the agreement, the language provides that the licensee has no claim for damages or lost profits as a result of interference or interruption of the conduct of business at the site. Recommend approval of Amendment No. 1 to the Delray Beach Golf Course Restaurant and Bar License Agreement. Item No. 49 REQUEST FOR REZONING PROPERTY KNOWN AS HIDDEN LAKES SUBDIVISION. Aaron Drost and Ronald Rosenfeld owners, represented by Currie, Schneider and Associates has requested rezoning from RM-10 (Multi-family Residential) to PRD-7 (Planned Residential Development) for property located along the west side of Homewood Boulevard between the Homewood Lakes subdivision and Lago Del Ray. Seventy two single family zero lot line housing units are proposed for the 14.31 acre parcel. The Hidden Lake Subdivision is a remainder of the original (larger) Lago Del Ray project. At its meeting on June 20th the Planning and Zoning Board recommended approval of the request. Comments were raised from residents of the Homewood Lake Subdivision objecting to any development occurring without provision or greenbelts around the project. The site plan under consideration does provide a back yard to back yard development scheme. Other inquires related to drainage and traffic will be resolved during site plan review. - 10 - AGENDA REPORT Meeting of June 28, 1988 Recommend approval of PRD-7 zoning for Hidden Lake Subdivision located on Homewood Boulevard between Homewood Lakes subdivision and Lago Del Ray and that the City Clerk prepare an enacting Ordinance for first reading and pUblic hearing on July 12, 1988. Item No. 50 REQUEST FOR ANNEXATION AND ZONING SHERWOOD GOLF COURSE. Sherwood Forest Golf, Inc., represented by the Sanders Planning Group has requested voluntary annexation with initial zoning of PRD-L and ART for 73.28 acres of property located on the south side of West Atlantic Avenue between Country Club Acres and Forest Road. The land is presently utilized for proposed to construct 131 single family units surrounding the golf course which golf course detached zero will remain. purposes. It is lot line housing The 73.28 acre tract is contiguous to the City via a common boundary with the Hamlet subdivision to the south and east. Future development will receive water by an existing water main which presently extends westerly along the south side of West Atlantic Avenue to the west edge of the property. Sewer will be provided by connecting to a sanitary sewer which is to be extended to the northwest corner of this property. The existing uses, that of club house facilities associ~ted with the golf course are on a well and septic system. There will be no immediate impact upon the provision of services. There are no required an enclave, required voluntary annexation. findings other than annexation will not create by Florida Statutes prior to approval of a The proposed zoning designations are PRD-L (Planned Residential Development--Low to Medium Density) for 62.87 acres and ART (Agricultural Residential Transitional) for 10.41 acres. The surrounding zoning designations are AR (Agricultural Residential and CG (General Commercial/Special Exception) to the north in the County; CS (Specialty Commercial) and AR (Agricultural Residential) to the west in the County; and R-1A (Single Family Residential) to the south and east. The City's Land Use Map designation for this area is SF (Single Family) and C (Commercial) to the north; SF (Single Family) and 0 (Office) to the west; and SF (Single Family) to the south and east. The proposed development of single family, zero lot line homes is consistent with the existing Land Use Map designation. The Planning and Zoning Board at its June 20th meeting recommended that the annexation and zoning request be acted upon at this time with the conditional use and site plan review being deferred until a later date. The Planning and Zoning Board recommends approval of the annexation and finds: 1. That annexation will not create an additional enclave(s). 2. That service will similar to that for already in the City. be provided to this property in a manner similarly situated properties which are 3. That the proposed zoning of PRD-L and ART are consistent with the adjacent zoning and complies (does not conflict) with all of the seventeen standards for evaluating rezoning requests as found in Section 30-23 (D). 4. The proposed zoning is the existing County zoning course)of the property. consistent (does not conflict) with of AR or the existing use (golf 5. The proposed zoning is consistent (does not conflict) with the City's Land Use Plan designation of SF for the property. - 11 - AGENDA REPORT Meeting of June 28, 1988 6. That a Title Certificate for the parcel fronting on Atlantic Avenue and a corrected annexation application encompassing that parcel is submitted. Recommend approval of the request for annexation and zoning designation change to PRD-L and ART and direct City Clerk to prepare an enacting Ordinance for first reading and public hearing on July 12, 1988. Item No. 51 LAND USE PLAN AMENDMENT AND REZONING PROPERTY AT S.W. 10TH STREET AND FEDERAL HIGHWAY. Freedom Savings and Loan Association, represented by Currie, Schneider and Associates, has requested consideration of a Land Use Plan Amendment from MF-10 to C and rezoning from RM-10 to GC for property located at the southwest corner of 5th Street and S.E. 10th Street. The vacant 2.07 acre parcel is proposed as a site of a new 98 room hotel/motel to be called the Gulfstream Motor Lodge. While no site plan is available at this time, a recommendation from the Planning and Zoning Board will accompany the request as the Ordinances are prepared for consideration. The Planning and Zoning Board at its June 20th meeting recommended approval of the request for the proposed Land Use and zoning cha~ges finding them consistent with existing Land Use patterns and surrounding zoning designations. Recommend initiation of a Land Use Plan Amendment from MF-10 to C for property located at S.E. 5th Street and S.E. 10th Street and rezoning of the property RM-10 to GC and direct that the City Clerk prepare an Ordinance for first reading and public hearing. Item No. 52 LAND USE PLAN AMENDMENT AND REZONING FOR THE PYLON PROFESSIONAL BUILDING. Pylon Medical Associates, Ltd. represented by David L. Keesler has requested consideration of a Land Use Plan amendment from MF-6 to Office and a concurrent rezoning from SAD to POC (Planned Office Center) for property located along Military Trail south of the L-32 Canal. The 1.967 acre parcel presently contains a professional office building on the site. The changes are being requested to accommodate a broader range of uses than are allowed under the existing SAD to avoid the need to continually process each new request to the Planning and Zoning Board and City Commission. POC zoning will allow business, professional, medical, and dental offices in addition to those presently provided for in the SAD. The developer believes he can move more easily to lease available space with the greater flexibility. The Planning and Zoning Board reviewed the Land Use Plan modification and rezoning request. Following comments from the public at their June 20th meeting they recommended approval of the request subject to the following stipulations: 1. Installation of a 6' Cyclone fence along the north property line and a 4 1/2 foot hedge. 2. Planting trees along the south property line to provide spacing of 24 feet and installation of a 4 1/2 foot hedge, to be maintained at six foot height. 3. Replacement of dead Queen Palm in the entry median and one along north border of the property. 4. Replacement of ground cover in the entry median. 5. Replacement either side of building. of the ground cover at entry to the building and on stairway to the north and south side of the - 12 - AGENDA REPORT Meeting of June 28, 1988 6. Trim dead palm fronds, fertilize plant materials, remulch planting beds to a minimum 2 inch depth, and trim Orchid Trees. 7. Provide trees a maximum of 25 feet on center along the east property line. 8. Repaint south wall in the color originally approved by CAB. Recommend initiation of a Land Use Plan Amendment from MF-6 to 0 and rezoning from SAD to POC for the Pylon Professional Building subject to the stipulations cited above and direct the City Clerk to prepare an enacting Ordinance for first reading and public hearing on July 12, 1988. Item No. 53 APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY (CRA). The term of CRA board member Matt Gracey expires July 9th of this year. Mr. Gracey is completing his first full term as a CRA board member and seeks reappointment. The CRA board has requested Commission consider reappointment of Mr. Gracey for a second term. No other applications for this appointment were received. . Recommend appointment of one member to the Community Redevelopment Agency for a term ending July 9, 1992. Item No. 54 UDAG GRANT AGREEMENT. The Auburn Trace Apartment UDAG Grant Agreement is between the City and the U.S. Department of Housing and Urban Development (HUD) in the amount of $5,048,860 in federal funds with a match of $1,009,772 from the City. The balance of the project will come from the private sector in the amount of $11,451,607. While there is still some uncertainty as to the actual form the final development will take, it is in the City's best interest to accept the UDAG grant and, should alterations be necessary, seek to renegotiate certain of the terms of the agreement where and if necessary. This is a rather lengthy grant agreement but because of its interest and because some of you have not seen the document prior to this I am enclosing it separately for your information. Recommend approval of UDAG Grant Agreement between the City and the Department of Housing Urban Development in the amount of $5,048,860. Item No. 55 AGREEMENT BETWEEN THE COMPANY. The agreement between the Company is not yet finalized. Terms discussed on Friday and the document Attorney's office for the packet. CITY AND PROCACCI DEVELOPMENT City and procacci Development and conditions were still being is not available from the City Item No. 56 CONDITIONAL USE (CU 6-222) AND REZONING REQUEST. Wallace Ford Inc., represented by Roger G. Saberson is requesting consideration of rezoning from PCC and RH to SC and conditional use for an automobile dealership on property located at the northeast corner of Germantown Road and Queens Avenue. The 11.28 acre parcel is presently vacant and intended for expansion of an automobile dealership. The Planning and Zoning Board at its June 20th meeting recommended approval of the rezoning request and conditional use finding that the proposed zoning of SC is consistent with adjacent zoning and does not conflict with the City's Land Use Plan designation for this property. Recommend approval of a rezoning request to SC and Conditional Use (CU 6-222) for an automobile dealership located on the east side of Germantown Road north of Wallace Nissan and direct the City Clerk to prepare an enacting Ordinance for first reading and public hearing. - 13 - AGENDA REPORT Meeting of June 28, 1988 CONSENT AGENDA Item No. 57 DOLPHIN PILE VARIANCE. Mr.. and Mrs. Bacarella have requested a variance in order to construct a dolphin pile closer than the 25 foot minimum distance from adjacent property as required by the City Code. The request is rather complex and has involved litigation between one property owner and an adjacent neighbor. Engineering staff have recommend approval of the variance because they believe it impossible to construct a dolphin pile at this location and meet City Code requirements. The variance will not present a danger to the public safety. On the other hand both adjacent property owners object to the variance request. Copies of their letters are attached. Recommend approval construction of a Isle subdivision. of a variance to setback requirements for dolphin pile at the rear of lot 169 in the Tropic Item No. 58 DOCK VARIANCE REQUEST. Mr. and Mrs. Warren Seckler owners at 837 Lakeshore Drive on Lake Ida have requested a dock variance. The variance would allow construction of a proposed qock which would extend 26' into the water from their property line. The City Codes allow an extension of five feet from the property line. The Engineering Department has reviewed this request and recommends approval of a variance based on the shallow water depth at this location. As a result it is impossible to meet City Code requirements. The safety of the public will not be endangered by adoption of this variance. Recommend approval of a dock variance to allow construction of a boat dock at the rear of 837 Lakeshore Drive. Item No. 59 CONDITIONAL USE (CU 6-118). Sherwood Pontiac represented by Digby Bridges, Marsh and Associates, has requested consideration of a conditional use request and attendant site plan for expansion of the Sherwood Pontiac dealerships on the west side of Federal Highway, south of Linton Boulevard. The 2.39 acre parcel is presently used as an automobile sales area on which an existing trailer office is located while the area adjacent to Dixie Highway is vacant. The proposed use is to expand the facilities of the present dealership. This site plan and conditional use is a part of a large upgrade of the Sherwood dealership. The Planning and Zoning Board recommended approval of the upgrading proposal for this particular part of the dealership and agreed to allow many of the required improvements to be made subsequently when the total dealership is upgraded as is required. Details of the upgrading proposal are found in the enclosed Planning and Zoning staff report. Recommend approval of the Conditional Use request (CU 6-118) and attendant site plan for Sherwood Auto Dealerships contingent upon implementation of plans to remodel existing Pontiac dealership within a three year period. Item No. 60 REQUEST FOR SIDEWALK SALE. The Atlantic Avenue Associatior has requested authorization to conduct a sidewalk sale on Atlantic Avenue between Swinton and A-1-A in conjunction with the 4th of July hOliday. The sale will be planned for Saturday, July 2nd. City staff has reviewed this request and have determined that no disruption of public service will occur. Recommend approval Swinton and A-1-A on July 2nd. of a sidewalk sale on Atlantic Avenue between to be conducted by the Atlantic Avenue Association - 14 - AGENDA REPORT Meeting of June 28, 1988 Item No. 61 Water Service Agreement Request. Mr. and Mrs. Otis and Dorothy H. Payne have requested a water service agreement for property located at the southeast corner of Barwick Road and Maurice Drive in the Kingsland Subdivision. The property is not part of an Enclave nor is it eligible for annexation at this time as it is not contiguous to the City. The single family home is currently under construction and the Payne's are requesting water from the City. The remaining 41 single family homes receive water via individual wells. Water service agreements also serve as requests for voluntary annexation which would be sought when annexation becomes an option. Water is readily available to the site. The Planning and Zoning Board at its June 20th meeting recommended approval of the request. Recommend approval of a water service agreement for property located at the southeast corner of Barwick Road and Maurice Drive owned by Mr. and Mrs. Payne. Item No. 62 APPOINTMENT OF CO-MANAGING UNDERWRITER WATER AND SEWER REVENUE REFUNDING BOND ISSUE. On May 24th the City Commission appointed Cranston/Prescott as Managing underwriter for the proposed water and sewer revenue refunding bond issue. At that meeting the Commission also indicated that selection of an additiJnal co-manager(s) might be named at a later date. We have been meeting with representatives from Cranston/Prescott and, in conjunction with their recommendation believe that Prudential Bache Capital Funding would be advantageous to appoint as the co-manager on the issue. Pru-Bache's sales and distribution experience gained through their work on prior City financings and their retail sales distribution network in south Florida will complement Cranston/ Prescott's institutional sales network. Recommend appointment of Prudential-Bache Capital Funding as co-manager for the 1988 Water and Sewer Revenue Refunding Bond issue. Item No. 63 (Resolution 33-88) FLOOD INSURANCE RATE MAPS. As per the Federal Emergency Management Agency's (FEMA) March 14th letter, certain changes are proposed to the Flood Insurance Rate Maps. Staff has reviewed this item and have discussed it with FEMA project consultants. Our concerns and questions have been satisfied. Further, no public response has been received. Recommend approval of Resolution 33-88 implementing changes to the Flood Insurance Rate Maps. Item No. 64 SETTLEMENT OFFER - DESORT vs CITY OF DELRAY BEACH. This is a settlement offer in the amount of $32,000 payable to Glenn and Danice Desort. Mr. Desort was injured while playing flag football on one of our playing fields. The City Attorney's Office recommends settlement in the amount of $32,000 in order to avoid additional legal expenses and the possibility of a higher award subsequently during a jury trial. Recommend approval of a settlement offer between Glenn and Danice Desort and the City of Delray Beach in the amount of $32,000. Item No. 65 AWARD~ OF BIDS AND CONTRACTS: A. 1988 Water and Sewer Refunding Bond Issue- Post, Buckley, Schuh and Jernigan- $12,500. B. Change Order No. 1- Head Works Ordor Control System- Q & Q, Inc. - Decrease of $2,033. C. Towing Contract- Accel Towing and Recovery, Inc. - $64,865 (to be paid by the people needing the towing service.) - 15 - AGENDA REPORT Meeting of June 28, 1988 E. Consultant Selection- Comprehensive Plan- D. N.W. Drainage project- A.O.B. Underground- $271,975. 1. Strategic Planning Group- $40,000 2. Post, Buckley, Schuh and Jernigan- $18,000 - 16 - . The Morlkami, Inc. 407-495-0233 4000 Morlkoml Park Rood, Delroy Bea~h. Florida 33446 ~ Alexander A Simon President Matthew Gracey, Jr. Vice President Dovid W. Schmidt Secretary Mrs. Clorence Plume Treasurer BOARD OF TRUSTEES Albert R. Bernard Russ Bielenberg Joseph Carty John W. Daniels George Elmore Anita R. Finley Kevin J Foley Mary lee Harper Marie Horenburger Mrs. Atsuko la/courte Mrs_ Fred Wlove Bradley Middlebrook. II Mrs James Mihori Barbaro Rosacker Jock Shuel Deborah Stone Dorothy H. Wilken Colin Wright Edward Zwick DIRECTOR Larry Rosensweig A not-far-profit corporation for the support of The Morikami Pork, Museum and Gardens . '.t.. .. .' ,."...... ,:~'~ . "'~-4~\.;':'.. .'~.,J'~. ...Q," ~.(...,., 612~ . 1tJ:.fUU~ f(t.CtIVtD JUN 1 3 1988 CITY MANAGER'S M"i'ICE June 8, 1988 Hr. Walter Barry City Manager 100 NW 1st Avenue Delray Beach, FL 33444 Dear Mr. Barry: Thanks for your gracious reception of our five Miyazu visitors recently. I know you made a great im~rc=sio~ them which they will convey to Mayor Tokuda and others Miyazu. ~- ~H in As you know, we opened our exhibit on Miyazu on June 3 to an invited audience of nearly 200. Sadly, none of the City Commissioners were able to attend. I would like to make a five-minute presentation to the City Commission at the June 28 meeting, preferably at the beginning. It will include letters of greeting from Mayor Toshio Tokuda and Sister Cities Friendship Committee Chair, Mr. Yaichiro Inoue, and presentation of sister-cities t-shirts to the Commissioners. Please let me know if this is possible. ~ B~~t regards, < Larry Rosen D1.:cector The Morikami LR: j hl .;,. - , t.tf\ J ORDINANCE NO. 34-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. ANNEXING TO THE CITY OF DELRAY BEACH LOTS 3 AND 4, SEACREST SUBDIVISION. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23. PAGE 3. OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE NORTH SIDE OF SEACREST LANE, APPROXIMATELY 230 FEET EAST OF SEACREST BOULEVARD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-1AA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROV~DING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS. the Legislat.ure of the Stat.e of Florida passed the Delray Beach Enclave Act. Chapter 86-427. Laws of Florida. providing for the annexation of enc1ave:o. wi thin the general boundaries of the City of Delray Beach: and. WHEREAS. pursuant to t.he Delray Beach Enclave Act. thE'! Cit.y of Delray Beach called for a referendum of those qualified e lectors wi thin the City of Delray Beach and the enc laves t.hat would be subject, to annexation under the Act. wi t.h said referen- dum held on November 4. 1986. in conjunction with a general election for Palm Beach Count,y. Florida; and. WHEREAS. the referendum held on November 4. 1986. was approved by a single majori t.y vote of sa id qual if led e lect.ors; and, WHEREAS, the City of Delray Beach has prepared an Enclave Report outlining the City's plan for implementation of the Delray Beach Enclave Act. which identifies sixty-five (65) enclaves eligible for annexation pursuant to the Act; and, WHEREAS. the City of Delray Beach has heretofore been authorized to annex lands in accordance with the Delray Beach Enclave Act, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Se~tion 1. That the City Council Beach. Palm Beach Count.y. Florida. her",by the following described land located in Florida. which lies cont.igllous t.o said City of the City of Delray annexes to said City Palm Beach County. to-wi t.: Lots 3 and 4. SEACREST SUBDIVISION. according to the Plat thereof recorded in Plat Book 23. Page 3, of the Public Records of Palm Beach County. Florida. The subject property js located on the north side of Seacrest Lane. approximatelY 230 feet east of Seacrest Boulevard. The above-described parcel contains a 0.34 acre parcel of land. more or less. 6 .1 Se~t.ion 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 limit,s of the City of Delray Beach. Florida. Section.~~ That Section 30-23 of the Zoning Code has been followed in the establishment of a zoning Glassification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District R-1AA (Single Family Dwelling) as defined by existing ordinances of the City of Delray Beach. Florida. Section 4. That the land hereinabove described shall immediately become subject t.o 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 and persons residing thereon shall be deemed citize~ of the City of Delray Beach. Sect.i~n-~ That this annexation of the subject proper- ty. including adjacent roads. alleys. or the like, if any. shall not be deemed accl"pt.ance by t.he Cit.y of !'my maintenance responsi- bility for such roads. alleys. or t.he like, unless otherwise specifically initiated by the City pursuant to current require- ments and conditions. RI"~ti..QrL6.. That. all ordinancl"s or parts of ordinances in conflict. herewit.h be. and t.he same are hereby repealed. 5b,-,t.ion 7. That should any sect.ion or provision of this ordinance or any port,ion thereof. any paragraph. !':I"ntence. or word be declared by a Court of competent jurisdicti.on to be invalid, such decision shall not affect the validi.ty of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Se,.,tion 8. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in final reading on this the ------ regular session day of on second and 1988. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 34-88 CITY COMMISSION DOCUMENTATION FROM: CJ::rnz:::ER DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING TO: SUBJECT: PUBLIC HEARING RE ANNEXATION OF ENCLAVE #5 ORDINANCE 35-88 AGENDA ITEM REGULAR MEETING Of JUNE 28, 1988 ACTION REQUESTED OF THE COMMISSION: approval on second reading of Ordinance 35-88 However, an owner of property within this enclave will seek, at the hearing, a ~oning designation other than advertised. He will seek RM in lieu of RL. See attached letter. BACKGROUND: Attached is the background report for the Planning and Zoning Board's consideration of Enclave 1I5. Also, there is a letter from Mr. Hegstrom in which he ~s seeking a designation of RM instead of RL as cecommended by the Board. During its meeting, the Board accommodated a request which would allow multiple-family dwellings as a land use (as ,desired by Mr. Hegstrom). Applying the RL designation may result~the lowering of the potential unit count of ultimate development of the property. RL zoning will allow a three unit mUltiple-family structure. The zoning set forth in the initial staff recommendation was R-1-AC and would have allowed four units but only as duplexes on individual lots. The choice was between RL which allowes mUltiple family structures or R-l-AC which allows only single family detached homes and duplexes. At that time, the applicant chose the flexibility of the RL which allows single family detached homes, duplexes, or multiple-family structures. It is possible that, at a future date, a subdivision request of his property (24,750 sq.ft.l could be rejected because a resulting unit count of four (two duplexes) would be greater than the unit count allowed under development as a single parcel under RL. While I believe this outcome to be very unlikely, it is possible. 7 , To: Walter ( Barry, City Manager Re: Public hcdring Re Annexation of Enc.~ve #5 Ordinance 35-88 Page 2 Mr. Hegstrom had requested RM zoning from the Board. Under the RM zoning the same limitation of three units for multiple-family housing exists. The Board felt that it was appropriate to go wi th the RL designat~on (or R-1-AC as set forth in the staff report) instead of RM to be consistent with the underlying Land Use Map designation which is SF. The options before the Board came down to: R-1-AC, allows two duplexes (upon subdivision) thus, four total units is consistent with the SF map designation; RL, allows combinations of single family detached units, duplex, multiple-family but with a limitation of three units (based on lot area) -- is consistent with the SF map desiqnation based upon equivalent density; RM, allows the above combinations with a limitation of three units (based on lot area) for mUltiple family housinq -- is generally not considered consistent with the SF map designation. Technical Factor: Because Enclave #5 involves several parcels and three different zoning categories and the RL designation is applied to more than Mr. Hegstrom's property, the granting of his request has other implications. First, it will result in a mix of RL and RM zoning -- it is more appropriate to have consistent designations on these adjacent parcels. Also, we cannot extract the Hegstrom parcel from the balance of the enclave and handle it separately since the integrity of the enclave would be destroyed. Thus, any changes (prior to actual annexation) would need to involve processing of the entire enclave. And finally if consideration were to be given to the Hegstrom request, the ordinance would be required to be readvertised at the City Commission level and since this ~s a City initiated action, special notice requirements (thirty days) to property owners is requ~red. Alternative Approaches to the Hegstrom Situation: Because of the technical matters, regardless of the direction as to disposition of the eventual zoning, it is recommended that the ordinance before the Commission be enacted. However, further direction should be given regarding Mr. Hegstrom's request. Options include: A. Concurrence with the recommendation and interpretation of the Board and provide no further direction. would allow Mr. Hegstrom to proceed on his own to a rezoning (and Plan Amendment) subsequent annexation (if indeed a rezoning provides additional benefit) This seek to any To: Walter 0 ,arry, City Manager Re: Public Hearing Re Annexation of Enclave #5 Ordinance 35-88 Page 3 B. Provide direction that ~econsideration of RM zoning is appropriate; provide for waiver of processing fees; and direct that staff accept and process a private petition for a Land Use Map Amendment and Rezoning, as desired, for those properties in Enclave ll5 which are to be zoned RL. ALTERNATIVE ACTIONS: 1. Enact ordinance 35-88 with direction pursuant to "A" or "B" as discussed above. 2. Direct that Enclave 5 be reprocessed in its entirety. RECOMMENDED ACTION: Enactment of Ordinance 35-88, with no further comment. Attachment: P&Z Staff Report for Enclave *5 Hegstrom letter REF/DJK#23/B:CCENC*5.TXT J > William J. Hegstrom 225 N. E. 22 Street Delray Beach, FI. 33/f/f/f June 10, 1988 Mr. David J. Kovacs Planning &: Zoning Board City of Delray Beach Delray Beach, Fl. 33/f/f/f Re: Proposed zoning designation and annexation enclave (/5 Dear Mr. Kovacs, In response to your letter of May 27, 1988, I am forwarding to you this letter with intent to re-establish what I have asked for in regards to zoning since the first meeting we had on July 1, 1987. At thaJ time you and the Planning &: Zoning Board had recommended RM zoning. As you will recall, I have an existing residential home with a separate buildIng presently being used as a beauty salon. It has been my wish to express to you my intention to maintain the existing residence and the beauty salon at present usage. I feel that this part of my property constitutes two units, since the beauty salon may be converted to an efficiency apartment at some later date. I, also, intend to utilize the large vacant property on the East side as a separate lot on which I intend to build two residential units. I have studied the zoning regulations for both the RL and RM zones. Although, the Board said that RL de RM are the same I found that they are not the same. The RL zone will not allow what I have described above, whereas, I would be in compliance with the RM zoning. Therefore, as we have discussed prior to the May 23rd P.&: Z. Board meeting, the RM zoning is most suitable for future use of my property. Based on the above I request that reconsideration be given prior to the City Council meeting on June 28 to utilize the RM zoning designation rather than RL. - __.. As you know time is getting short. I would like to get this settled before the council meets. Please, contact me at your earliest convenience. I can- be reached weekdays at 737-8723. ,"'- -~ ,.,;1' .;t;;o- h. ~~.~ William J. Hegstrom J _.. 225 N.E. 22 Street Delray Beach, Fl. 33444 ......;- ...... ';,~f'!:- ~<--"''''-' ~,;-~- I.~.> ~~ . . t RECEIVED.' I . ! . 1 JUN 1 4 1988 1 PLANNING .j , . ~ .. .- ,.". .~ - - - " .J .""';'~'~ < .. ,~-' . ..)c.... --- CITY DF BElRAY BEACH 100 N W 1\1 AVt-NUI: . L>l: H/~Y HlACH. r-I OHIUA J:1444 305/243.7000 May 27, 1988 Mr. William J. Hegstrom 225 N.E. 22nd Street Delray Beach, FL Re: Implications of Proposed Zoninq Designation Dear Bill: During your discussions with the Planning and Zoning Board at the time that Enclave #5 was before them, you desired to puruse a multi-family zoning designation. The recommendation set forth by the Board was the RL designation. During that discussion it was noted that a limitation of three units may result upon the eXisting single parcel with that designation. You have been provided a copy of the RL district regulations. To assist yoU in understanding them, I have prepared this letter. You should be aware of the fOllowing: * The density is limited to a maximum of six units per acre. To determine your maximum unit count * The ultimate development of the parcel is subject to site plan review and approval by the Planning and Zoning Board and the City Commission. divide your lot area by 43,560 mUltiply the result by 6 round downward this gives you the maximum unit count. * You may subdivide the property into two or more lots provided that the following dimensions are met for each lot: frontage of width of depth of area of at 60' 60' 100' least 8,000 . square feet.' When a lot is created subject to requirements to density. through subdivision, each lot is of the zoning district with respect * Upon sUbdivision, if subdivision is pursued, you may have to extend water and sewer mains to and along your site frontage THE EFFORT ALWAYS MATTERS $. ~: { . To: Re: Mr. Wi~ ~m Hegstrom Implicauons of Proposed ZOning Designation May 27, 1988 Page 2 * The parking requirement for a single family dwelling ~s two spaces. * The parking requirement for a mult~-family structure is two for a two or more bedroom unit plus .5 space per unit for guest parking. All parking must be designed per code and all vehicles must be able to maneuver on-site and enter/exit the site in a forward moving direction. The above rules also apply to the RM District except that two un~ts are allowed, by right, on each lot which has 8,000 sq.ft.; thus, easily accommodating a duplex. Under R-1A-C zoning, mUlti-family structures could not be constructed but the property could be subdivided and each lot could accommodate an individual single family home or a duplex. The setback requirements for bUilding locations differ among the RM, RL, R-IA-C, and R-IA zoning districts. As you can see there are numerous combinations of housing typeS and sitings which can be achieved on your property. If yoU desire to known if a certain layout is permisSible, it would be best if you would sketch it out (dimensioned) and submit it to us. I will have ~t reviewed by my staff and the building division. This process is preferred to a "what if" approach wherein one or two variables are altered and the impact upon the rest of the property is not also laid out. As you could tell during your discussions with the Board, it is much better to be working from drawn or written material than to attempt to visual~ze someone's concepts. C\iallY, ~WPAi,;L~~1~ Department of Planning and Zoning c: Stan Weedon PLANNING B CITY OF DELRAY LONING BOARD BEACH STAFF REPORT --- MEETING o=tTE: May 23. 1988 AGENDA ITEM: II.B. ITEM: :J;;3TDERATION Or' ANNF.:C.TION JiliD CITY 7.ONING FOR ENC1.AVE 1/5 NE .. A TLi\ i'v "'1" L#:/ 4 "-- , ). '" 1 ~~ ,:: <: , . - o. S ., co ~. ~ Ii) 58 5A ... ~ ~ .,.' .- . .. GENERAL DATA: OWners ........... ..... .......See Attachment "A" Location ............0 ........The northeast corner of ~.~. 22nd Street (Pineridge Road) and Seacrest Boulevard Description .................. See Attachment nAil Enclave Size ........................... 3.37 acres Jurisdiction.... ....................... .palm Beach County County Land Use Plan .........Low to Medium Residential City Land Use Plan ...........SF (Single Family) and C (Commercial) County Zoning ................SF (Single Family Residential) PropOsed City Zoning ......r~~~.S~F~(Sinqle Family Residential) and ~coTM'lercial ) Current Use ............ ......single family residences and commercial, see attachment Sewer Service ................Existing 8" lines on Seacrest Blvd. and Pineridge Road Water Service ................Existing 8" line on Seacrest Blvd., 6" & 4" lines at the intersection of Pineridge Road and Nort~~ Road, and a 2" line which rOSse J- Pineridge Road approximate y 0 feet east of Seacrest Blvd. .7 - ITEM : ~ ORDINANCE NO. 35-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DEL RAY BEACH THREE PARCELS OF LAND LYING AND BEING IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGU- OUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF SEACREST BOULEVARD AND N,E, 22ND STREET, AND ON THE NORTH SIDE OF N,E, 22ND STREET, APPROXIMATELY' 310 FEET EAST OF SEACREST BOULEVARD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE' RIGHTS AND OBLIGATIONS OF SAID LAND; PROVID- ING FOR THE ZONING THEREOF TO R-1AA (SINGLE FAMILY DWELLING) DISTRICT, IN PART, RL (LOW TO MEDIUM DENSITY DWELLING) DISTRICT, IN PART, AND NC (NEIGHBORHOOD COMMERCIAL) DISTRICT, IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida passed the Delray Beach Enclave Act, Chapter 86-427, Laws of Florida. providing for the annexation of enclaves within the general boundaries of the City of Delray Beach; and, WHEREAS, pursuant to the Delray Beach Enclave Act, the City of Delray Beach called for a referendum of those qualified electors within the City of Delray Beach and the enclaves that would be subject to annexation under the Act, with said referen- dum held on November 4. 1986. in conjunction with a genera] election for Palm Beach County, Florida; and, WHEREAS, the referendum held on November 4, 1986, wa~ approved by a single majority vote of said qualified electors; and, WHEREAS, the City of Delray Beach has prepared an Enclave Report outlining the City's plan "for implementation of the Delray Beach Enclave Act, which identifies sixty-five (65) enclaves eligible for annexation pursuant to the Act; and. I , . I I WHEREAS, the City of authorized to annex lands in Enclave Act, t I Delray Beach has heretofore accordance with the Delray been Beach NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: OF Sentian 1. That the City Council Beach. Palm Beach County, Florida, hereby the following described land located in Florida, which lies contiguous to said City of the City of Delray annexes to said City Palm Beach County, to-wi t: PARCEL "A" The West 99,9 feet of the East 316,9 feet of the North Half of the South Half of the North Half of the Southwest Quarter of the South- west Quarter of Section 4, Township 46 South. Range 43 East; together with, 7 / The East 110 feet of the North Half of the South Half of the Northeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 4, Township 46 South, Range 43 East; together with. i ! i ! i i I I , i I I , , , I i I , , , .1 I I i I I 1 ! The West 107 feet of the East 217 feet of the North Half of the South Half of the Northeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 4. Township 46 South. Range 43 East; together with, The East 195 feet of the West 350 feet of the North Half of the South Half of the Northeast Quarter of the Southwest Quarter of the Southwest Quarter, less the North 30 feet thereof, of Section 4, Township 46 South, Range 43 East; together with, The North 30 feet of the West 350 feet of the Northeast Quarter of the the Southwest Quarter of 46 South, Range 43 East. East 310 feet of the South Half of the Southwest Quarter of Section 4, Township The subject property is generally located at the northeast corner of the intersection of Seacrest Boulevard and N.E. 22nd Street. The above described parcel contains a 2.07 acre parcel of land, more or less. PARCEL ..:r The East 165 feet of the West 310 feet of the South Half of the Southeast Quarter of the Northeast Quarter of the Southwest Quarter of the Southwest Quarter, less the South 25 feet thereof, of Section 4. Township 46 South, Range 43 East; together with, t t The South Half of the Southeast the Northeast Quarter of the Quarter of the Southwest Quarter. West 310 feet and the South 25 feet of Section 4, Township 46 South, East; together with, Quarter of Southwest less the thereof, Range 43 The West 145 feet of the East Half of the South Quarter of the Northeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 4, Township 46 South, Range 43 East. The subject property is generally located on the north side of N.E. 22nd Street. approxi- mately 310 feet east of Seacrest Boulevard. The above described parcel contains a 1.25 acre parcel of land, more or less. - 2 - Ord. No. 35-88 PARCEL "C" The North 25 feet of the South 56 feet of the East 115 feet of the West 155 feet of the North Half of the South Half of the Northeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 4, Township 46 South, Range 43 East. The subject property is located on the east side of Seacrest Boulevard, approximately 170 feet north of N.E. 22nd Street. The above described parcel contains a 0.05 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 tracts of land and said lands are hereby declared to be within the corporate limits of the City of Delray Beach, Florida. i i , I I ~ction 3. That Section 30-23 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described as Parcel "A" is hereby declared to be in Zoning District R-1AA (Single Family Dwelling) as defined by existing ordinances of the City of Delray Beach, Florida. Section 4. That Section 30-23 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described as Parcel "B" is hereby declared to be in Zoning District RL (Low t.o Medium Density Dwelling) as defined by existing ordinances of the City of Delray Beach, Florida. Section 5. That Section 30-23 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described as Parcel "C" is hereby declared to be in Zoning District NC (Neigh- borhood Commercial) as defined by eXisting ordinances of the City of Delray Beach, Florida. Section 6. 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 and persons residing thereon shall be deemed citizens 1ft the City of Delray Beach. Section 7~ That this annexation of the subject proper- ty, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsi- bility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current require- ments and conditions. 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, selltence. 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. - 3 - Ord. No. 35-88 Sp.~t,ion 10. That this ordinance s hall become effective immediately upon passage on second and fJnal reading. I I I I I I I I I j I I , , ! i I PASSED AND ADOPTED in final reading on this the regular session on second and day of _ 1988. .-....-.-. -.-.-.--.----..---.------..-------- MAY 0 R ATTEST: City Clerk First Reading Second Reading j i j I I I I , ! ; ! , i J II I I 1 I I I ; I I , I I ~._--- - 4 - Ord. No. 35-88 .1 ORDINANCE NO. 36-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. ANNEXING TO THE CITY OF DELRAY BEACH LOT 47. LESS THE SOUTH 30 FEET ROAD RIGHT-OF-WAY. SANDS O'SEA SUBDIVISION. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 21. PAGE 27. OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE NORTH SIDE OF LINTON BOULEVARD. APPROXIMATELY 100 FEET EAST OF GERMANTOWN ROAD: REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO CF (COMMUNITY FACILITIES) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLADSE; PROVIDING AN EFFECTIVE DATE. WHEREAS. the Legislature of the State of Florida passed t.he Delray Beach Enclave Act. Chapt.er 86-427. Laws of Florida. providing for t.he annexation of enclaves wit.hin t.he general boundaries of the City of Delray Beach; and. WHEREAS. pursuant. t.o t.he Delray Beach Enclave Act. t.he City of Delray Beach called for a referendum of those qualified elect.ors within the Cit.y of De1ray Beach and t.he enclaves that. would be subject t.o annexat.ion under t.he Act.. wit.h said referen- dum held on November 4. 1986. in conjunction with a general election for Palm Beach County. Florida; and. WHEREAS. the referendum held on November 4. 1986. was approved by a single majority vote of said qualified electors; and. WHEREAS. the City of Delray Beach has prepared an Enclave Report outlining t.he City's plan for implement.ation of the De1ray Beach Enclave Act. which identifies sixty-five (65) enclaves eligible for annexation pursuant to the Act; and. WHEREAS. the City of authorized to annex lands in Enclave Act, Delray Beach has heretofore been accordance with the Delray Beach NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS: ~liQn_.l_ That thi'! Ci t.y CClIJf'0.j 1 Beach. Palm Beach County. Florida. heri'!by the following descrihed land located in Florida. which lies contiguous to said City of the City of Delray annexes to said City Palm Beach County. t.o-wi t.: Lot. 47. less right.-of- way. according t.o Plat Book 21. of Palm Beach t.hi'! Sout.h ::\0 fei'!t. road SANDS O'SEA SUBDIVISION. the Plat thi'!reof recorded in Page 27. of t.he Publ ic Re0.ords County. Florida. The subject property is located on the north side of Linton Boulevard. approximately 100 feet east of Germantown Road. The above di'!scribed parcel cont.ains a 0.23 acre parcel of land, more or le~s. ? , .1 Se0.ti nn 2. That the boundaries of t.he Ci t.y of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared t.o be within the corporat.e limit.s of t.he Cit.y of Delray Beach, Florida. Se0.tton 3. That. Sect.ion 30-23 of the Zoning Code has been followed in the e""t.ablishment of a zoning classificat.ion ir. this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District CF (Communit.y Facilities) as defined by existing ordinances of the City of Delray Beach, Florida. Section L. That, t.he 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 arid persons residing thereon ~hall be deemed citizens of t.he City of Delray Beach. Sftct.ll>rL2, That this "nnexat,ion nf t,he ""ubject proper- ty, including adjacent. roads, alleys, or t.he like, if any, shall not. be deemed accept.ance by t.he Cit.y of any maintenance responsi- bility for such roads. alleys, or t.he like, unless otherwise specifically initiat.ed by the Cit.y pursuant. to current require- ments and condit.ions. :2e.cct.iDJLfL Th"t all orctinances or part.s of ordinances in conflict herewit.h be, and the same are hereby repealed. Secct.ion 7_~_ That should any section or provision of t.his ordinance or any portion t.hereof, any paragr"ph, sent.ence, or word be declared by a Court. of competent. jurisdict.ion t.o be invalid, such decision shall not affect t.he validity of the remainder hereof as a whole or part t.hereof other than the part. declared to be invalid. Section 8.. That. t.his ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in final reading on this the regular session on second and day of ____~__.__, 1988. MAY 0 R ATTEST: City Clerk First. Reading _____ Second Reading __~_ __________._ - 2 - Ord. No. 36-88 .J ORDINANCE NO. 37-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. ANNEXING TO THE CITY OF DELRAY BEACH LOT 3. BLOCK 4. AMENDED PLAT OF LAKE IDA GARDENS. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23. PAGE 192. OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE SOUTHEAST CORNER OF DENVER DRIVE (N.W. J1TH STREET) AND N.W. 5TH AVENUE:. REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND: PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-1AA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE: PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS. the Legislature of the State of Florida passed the Delray Beach Enclave Act. Chapter 86-427. Laws of Florida, providing for the annexation of enclaves within the general boundaries of the City of Delray Beach: and. WHEREAS. pursuant to the Delray Beach Enclave Act. the City of Delray Beach called for a referendum of those qualified electors wi thin t.he Ci t.y of De1ray Beach and t.he enclaves that would be subject. to annexation llnder the Act. wi t.h said referen- dum held on November 4. 1986. in conjunction with a general election for Palm Beach County. Florida: and. WHEREAS. the referendum held on November 4. 1986. was approved by a single majority vote of said qualified electors; and. WHEREAS. the City of Delray Beach has prepared an Enclave Report outlining thA City's plan for implementation of the Delray Beach Enclave Act. which identifies e:ixt.y-five (65) enclaves eligible for annexation pursuant to the Act; and. WHEREAS. the City of authorized to annex, lands in Enclave Act, Delray Beach has heretofore accordance with the Delray been Beach NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS; SAct.ion 1. Th!lt. the Ci t.y Council Beach. Palm Beach County. Florida. hereby the fOllOWing described land located in Florida. which lies contiguous to said City of the City of Delray annexes to said City Palm Beach County. t.o-wi t: Lot 3. Block 4. AMENDED PLAT OF LAKE IDA GARDENS. according to the PI!lt. thereof recorded in Plat Book 23. Page 192. of the Public Records of P!llm Beach Count.y, Florida. The subject property is located at the southeast corner of Denver Drive (N.W. 11th Street) and N.W. 5th Avenue. The above described parcel contains a 0.34 acre parcel of land. more or less. 9 .J 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. Se~tion 3. That Section 30-23 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District R-IAA (Single Family Dwelling) as defined by existing ordinances of the City of Delray Beach. Florida. Section 4. 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 Rea~h are now or may be subjected and persons residing thereon shall be deemed citizens of the City of Delray Beach. Section ~ That this annexation of the subject proper- ty. including adjacent roads. alleys. or the like, if any. shall not be deemed acceptance by the City of any maintenance responsi- bility for such roads, alleys, or the like. unless otherwise specifically initiated by the City pursuant to current require- ments and conditions. Section 6. That all ordinances or parts of ordinances in conflict herewith be. and the same are hereby repealed. Section 7. That should any section or provision of this ordinance or any portion thereof. any paragraph, sentence. or word be declared by a Court of competent jurisdiction to be invalid. such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8 That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in final reading on this the regular session day of on second and 1988. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 37-88 1 ORDINANCE NO. 38-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. ANNEXING TO THE CITY OF DELRAY BEACH THE EASTERLY 110 FEET OF THE WESTERLY 220 FEET OF THE NORTHWEST QUARTER OF LOT 3, LYING SOUTH OF N.W. 9TH STREET. WITHIN SECTION 8. TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE SOUTH SIDE OF LAKE SHORE DRIVE (N.W. 9TH STREET). APPROXIMATELY 100 FEET EAST OF N.W. 8TH AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUPE SAID LAND: PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZON ING THEREOF TO R-1AA (S INGLE . FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE: PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida passed the Delray Beach Enclave Act. Chapter 86-427, Laws of Florida, providing for the annexation of enclaves within the general boundaries of the City of Delray Beach; and. WHEREAS, pursuant t.o the Delray Beach Enclave Act. the City of Delray Beach called for a referendum of those qualified electors within the City of Delray Beach and the enclaves that would be subject to annexation under t.he Act, with said referen- dum held on November 4. 1986, in conjunction with a general election for Palm Beach County, Florida: and. WHEREAS, the referendum held on November 4, 1986, was approved by a single majority vote of said qualified electors; and. WHEREAS. the City of Delray Beach has prepared an Enclave Report outlining the City's plan for implementation of the Delray Beach Enclave Act. which identifies sixty-five (65) enclaves eligible for annexation pursuant to the Act; and, WHEREAS. the City.of authorized to annex lands in Enclave Act, Delray Beach has heretofore been accordance with the Delray Beaph NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS: Section 1 That the City Council Beach. Palm Beach County, Florida. hereby the following described land located in F1oriCa, which lies contiguous to said City of the City of Delray annexes to said City Palm Beach County. to-wit: The Easterly 110 feet of the Westerly 220 feet of the Northwe8t Quarter of Lot 3. lying south of N.W. 9th Street. within Section 8, Township 46 South, Range 43 East. Delray Beach, Palm Beach County. Florida. The subject property i8 located side of Lake Shore Drive (N.W. approximately 100 feet east Avenue. on the south 9th Street), of N.W. 8th The above described parcel contains a 0.33 acre parcel of land. more or less. /t') .) 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 Section 30-23 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District R-1AA (Single Family Dwelling) as defined by existing ordinances of the City of Delray Beach. Florida. Section 4. That the land hereinabove described shall immediately become subject to all of the franchises. privileges, immunities. debts. obligations. liabilities. ordinances and l~ws to which lands. in the City of Delray Beach are now or may be subjected and persons residing thereon shall be deemed citizens of the City of Delray Beach. Se~tion~ That this annexation of the subject proper- ty. including adjacent roads. alleys. or t.he like. if any, shall not be deemed acceptance by the City of any maintenance responsi- bi Ii ty for such roads. alleys. or t.he 1 ike. unless otherwise specifically initiated by the City pursuant to current require- ments and conditions. Section 6 That all ordinances or parts of ordinances in conflict herewith be. and the same are hereby repealed. Section 7. That should any section or provision of this ordinance or any portion thereof. any paragraph. sentence. or word be declared by a Court of competent Jurisdiction to be invalid. such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That this ordinance shall become effect.ive immediately upon passage on second and final reading. PASSED AND ADOPTED in final reading on this the regular session day of on second and . 1988, MAY 0 R ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 38-88 , .1 ORDINANCE NO. 39-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THE WESTERLY 110 FEET OF THE NORTH HALF OF THE WESTERLY HALF OF THE SOUTHWEST QUARTER OF LOT 3. LYING WITHIN SECTION 8, TOWNSHIP 46 SOUTH. RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF N.W. 8TH AVENUE AND N.W. 7TH STREET; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR. THE ZONING THEREOF TO R-1AA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Legis lature of t.he ::',tate of Florida passed the Delray Beach Enclave Act., Chapt.er 86-427, Laws of Florida. providing for the annexation of enclaves within the general boundaries of the City of Delray Beach; and, WHEREAS, pursuant to the Delray Beach Enclave Act, the City of Delray Beach called for a referendum of those qualified electors within the City of Delray Beach and the enclaves that would be subject to annexation under t.he Act, with said referen- dum held on November 4, 1986. in conjunction with a general election for Palm Beach County, Florida; and, WHEREAS. the referendum held on November 4. 1986, was approved by a single majority vote of said qualified electors; and, WHEREAS. the City of Delray Beach has prepared an Enclave Report outlining the City's plan for implementation of the De1ray Beach Enclave Act. which identifies sixty-five (65) enclaves eligible for annexation pursuant to the Act; and, WHEREAS, the City of authorized to annex lands in Enclave Act, De1ray Beach has heretofore accordance witn the Delray been Beach NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Council Beach, Palm Beach County, Florida. hereby the following described land located in Florida, which lies contiguous to said City of the City of Delray annexes to said City Palm Beach County, to-wi t.: The Westerly 110 feet of the North Half of the Westerly Half of the Southwest Quarter of Lot 3, lying within Section 8, Township 46 South, Range 43 East, De1ray Beach, Palm Beach County, Florida. The subject property northeast. corner of the 8th Avenue and N.W. 7th is located at int.ersection of Street.. the N.W. The above described parcel contains a 0.34 acre parcel of land. more or less. II .J 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 Section 30-23 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District R-1AA (Single Family Dwelling) as defined by existing ordinances of the City of Delray Beach. Florida. Section 4~ That the land hereinabove described shall immediately become subject to all of the franchises, privileges. immuni ties ,. debts, obligations. liabilities, ordinances and laws to which lands in theC1ty of Delray Beach are now or may be subjected and persons residing thereon shall be deemed citizens of the City of Delray Beach. Section 5. That this annexation of the subject proper- ty, including adjacent roads. alleys. or the like, if any, shall not be deemed acceptance by the City of any maintenance responsi- bility for such roads. alleys. or the like, unless otherwise specifically initiated by the City pursuant to current require- ments and conditions. Section 6. That all ordinances or parts of ordinances in conflict herewith be. and the same are hereby repealed. Section 7. That should any section. or provision of this ordinance or any portion thereof. any paragraph. sentence, or word be declared by a Court of competent Jurisdiction to be invalid. such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8.. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in final reading on th~5 the regular ?:ession day of ____ on second and . 1988. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 39-88 .1 ORDINANCE NO. 40-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 8. TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY: SAID LAND IS LOCATED BETWEEN LAKE SHORE DRIVE (N.W. 9TH STREET) AND N.W. 7TH STREET, APPROXIMATELY 100 FEET WEST OF N.W. 6TH AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND: PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND: PROVIDING FOR THE ZONING THEREOF TO R-1AA (SINGLE FAMILY DWELLING) DISTRICT: PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE: PROVIDING AN EFFECTIVE DATE. WHEREAS. the Legislature of the State of Florida passed the Delray Beach Enclave Act. Chapter 86-427. Laws of Florida, providing for the annexation of enclaves within the general boundaries of the City of Delray Beach: and. WHEREAS. pursuant to the Delray Beach Enclave Act. the City of Delray Beach called for a referendum of those qualified electors within the City of Delray Beach and the enclaves that would be subject to annexation under the Act, with said referen- dum held on November 4. 1986. in conjunction with a general election for Palm Beach County. Florida; and, WHEREAS. the referendum held on November 4. 1986. was approved by a single majority vote of said qualified electors: and, WHEREAS, the City of Delray Beach has prepared an Enclave Report outlining the City's plan for implementation of the Delray Beach Enclave Act. which identifies sixty-five (65) enclaves eligible for annexation pursuant to the Act: and. WHEREAS, the Cjty of Delray Beach has heretofore authorized to annex lands in accordance with the Delray Enclave Act, - been Beach NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA. AS FOLLOWS: Se~tion 1. That the Cjty Council Beach. Palm Beach County. Florida. hereby the fOllowing described land located in Florida. whjch lies contiguous to said City of the City of Delray annexes to said City Palm Beach County. to-wit: The Easterly lea feet of the Westerly 540 feet of the Northwest Quarter of Lot 3. lYing south of N.W. 9th Street. within Section 8. Township 46 South. Range 43 East. Delray Beach. Palm Beach County, Florida: together with. The East 80 feet of the West 164 feet of the North 135 feet of the East Half of the Southwest Quarter of Lot 3. lYing within Section 8. Township 46 South. Range 43 East. Delray Beach. Palm Beach County. Florida. I~ .] The subject property is located Shore Drive (N.W. 9th Street) Street, approximately 100 feet 6th Avenue. between and N. W. west of Lake 7th N. W. The above described parcel cont.ains a 0.64 acre parcel of land. more or less. Sect.inn 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. Sectinn 3._ That Section 30-23 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the ~ract of. land hereinabove described is hereby declared to be in Zoning District R-1AA (Single Family Dwelling) as defined by existing ordinances of the City of Delray Beach. Florida. ~~tion 4. 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 and persons residing thereon shall be deemed citizens of the City of Delray Beach. Section ~L That this annexation of the suhject proper- ty, including adjacent roads. alleys. or the like. if any. shall not be deemed acceptance by the City of any maintenance responsi- bility for such roads. alleys. or the like. unless otherwise speCifically initiated by the City pursuant to current. require- ments and conditions. Sect.ion 6. That all ordinances or parts of ordinances in conflict herewith be. and the same are hereby repealed. Sectinn 7. That should any section or provision of this ordinance or any portion thereof. any paragraph. sentence. or word be declared by a Court of competent jurisdiction to be invalid. such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in final reading on this the regular session day of on second and . 1988. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 40-88 ORDINANCE NO. 41-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELR~Y BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 1, 2, 4, 7, 13, 14, 18, 19, 20, 23"~ 24" 25, LAKE IDA MANOR, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 138, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS GENERALLY LOCATED EAST OF N.W. 6TH AVENUE, WEST OF N.W. 4TH AVENUE, SOUTH OF N,W. 9TH STREET, AND NORTH OF GARDENIA TERRACE EAST; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-1AA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE, WHEREAS, the Legislature of the State of Florida passed the Delray Beach Enclave Act, Chapt.er 86-427, Laws of Florida, providing for the annexation of enclaves within the general boundaries of t.he City of Delray Beach; and, WHEREAS, pursuant to the De1ray Beach Enclave Act, the City of Delray Beach called for a referendum of those qualified electors within the City of Delray Beach and the enclaves that would be subject to annexation under the Act, with said referen- dum held on November 4, 1986, in conjunction with a general election for Palm Beach County, Florida; and, WHEREAS, the referendum held on November 4, approved by a single majority vote of said qualified and, 1986, was electors; WHEREAS, the City of De1ray Beach has prepared an Enclave Report outlining the City's plan for implementation of the Delray Beach Enclave Act, which identifies sixty-five (65) enclaves eligible for annexation pursuant to the Act; and, WHEREAS, the City of authorized to annex lands in Enclave Act, Delray Beach has heretofore accordance with the Delray been Beach NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~ction 1. That the City Council Beach, Palm Beach County, Florida, hereby the following described land located in Florida, which lies contiguous to said City of the City of Delray annexes to said City Palm Beach County, to-wit: Lots 1, 2, 4, 7, 13, 14, 18, 19, 20. 23, 24 and 25, LAKE IDA MANOR, according to Plat thereof recorded in Plat Book 23. 138, of the Public Records of Palm County, Florida, the Page Beach The subject propert.y is east of N.W, 6th Avenue, Avenue, south of N,W. 9th of Gardenia Terrace East.. generally located west. of N.W, 4t.h Street., and north The above described parcel contains a 3.08 acre parcel of land, more or less. /.1 Section 2 That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tr~ct of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida, '., Section ~~. That Section 30-23 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District R-1AA (Single Family Dwelling) as defined by existing ordinances of the City of Delray Beach, Florida, Section_~ 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 and persons residing thereon shall be deemed citizens of the City of Delray Beach, Sp.ctioIL..5..... That this annexation of the subje<':'t. proper- ty, including adjacent roads, alleys, or t.he like, if any, shall not be deemed acceptance by the City of any maintenance responsi- bility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current require- ments and conditions. ~~tion 6. That all ordinan<,:,es or parts of ordinances in conflict herewith be, and the same are hereby repealed. ~t,i on 7. That should any section or provis ion of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in final reading on this the regular session on second and day of ___._______, 1988. -.--------....------- MAYOR ATTEST: City Clerk First Reading ~ 24, 1988 Second Reading - 2 - Ord. No. 41-88 J ORDINANCE NO. 42-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 8, TOWNSHIP 46 SOUTH. RANGE 43 EAST. WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY: SAID LAND IS LOCATED BETWEEN N.W. 7TH STREET AND GARDENIA TERRACE EAST, APPROXIMATELY 200 FEET EAST OF N.W. 8TH AVENUE: REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND: PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND: PROVIDING FOR THE ZONING THEREOF TO R-1AA (SINGLE FAMILY DWELLING) DISTRICT: PROVIDING A GENERAL REPEALER CLAUSE: PROVIDING A SAVING CLAUSE: PROVIDING AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida passed the Delray Beach Enclave Act., Chapt.er 86-427, Laws of Florida, provid ing for the annexat. i on of enclaves wi thin the general boundaries of the City of DeIray Beach; and, WHEREAS. pursuant. t.o t.he Delray Be.<och Enclave Act, the City of Delray Beach called for a referendum of those qualified e1ect.ors within t.he Cit.y of Delray Beach and the enclaves t.hat would be subject to annexat.ion under t.he Act., wit.h said referen- dum held on November 4. 1988. in conjunction wit.h a general election for Palm Beach County, Florida: and, WHEREAS. the referendum held on November 4. 1986, was approved by a single majorit.y vot.e of said qualified electors: and, WHEREAS. the City of Delray Reach has prepared an Enclave Report outlining the City's plan for implementation of the Delray Beach Enclave Act, which identifies sixty-five (65) enclaves eligible for annexation pursuant. to the Act: and. WHEREAS, the City of authorized to annex lands in Enclave Act, De1ray Beach has heretofore been accordance with the Delray Beach NOW. THEREFORE, BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1, That the Cit.y Council Beach. Palm Beach Count.y, Florida, herehy the follOWing described land locat.ed in Florida, which lies contiguous to said City of t.he City of De lray annexes t.o said Cit.y Palm Beach County, to-wi t: The South 141.73 feet. of t.he East Half of the Southwest Quarter of Lot 3. le~5 the East. 190 feet. t.hereof, lying wit.hin Section 8, Township 46 South, Ran~e 43 East., Delray Beach, Palm Beach Count.y, Florida; t.oget.her with, The East 110 feet of the South Half of the West Half of the Southwest Quart.er of Lot 3, lYing within Section 8, Township 46 South. Range 43 East. Delray Beach. Palm Beach County. Florida. /'1 J The subject property is located between N. W. 7th Street and Gardenia Terrace East. approximately 200 feet east of N.W. 8th Avenue. The above des~ribAd par~el acre parcel of land. morA or cont,ain!=', -9. lP.5S. 1. 08 SAct, i on~~ Tha" t.he houndarieR of t,he Ci t,y of De lray 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 1imIt.s of the Cit.y of Delray Beach. Florida, SeG-tiQn_l._ That Sect.ion 30-2.3 of t.he Zoning Code has been followed in t.he establishment. of a zoning classification in this ordinance and the tract of land .hereinabove described is hereby declared to be in Zoning District R-1AA (Single Family Dwelling) as defined by existing ordinances of the City of Delray Beach. Florida. . Se~:t..ll>.rLL 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 and persons reRiding thereon shall be deemed citizens of the City of Delray Beach. M<::tiQJL;:'_._ TtJat. thi", annexat.ion of t.he subject. proper- ty. including adjacent roads. alleys. or the like, if any. shall not be deemed acceptance by the City of any maintenance responsi- bility for such roads. alleys. or the like. unless otherwise speCifically initiated by the City pursuant to current require- ments and conditions. Section~-"- That all ordinances or parts of ordinances in conflict herewith be. and t.he same are hereby repealed. Sec,.lon 7. That should any section or provision of this ordinance or any portion thereof. any paragraph. sentence. or word be declared by a Court of competent jurisdiction to be invalid. such decision shall not affect the validity of the remainder hereof as a whole or par.t thereof other than the part declared to be invalid. . Section.JL That. this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in final reading on this the regular session on second and day of________.___. 1988. ------.-______u______ ._____ MAY 0 R ATTEST: City Clerk Firs tRead i ng ___..... ._.,,__ Second Reading _.____~__ ___ ___ - 2 - Ord. No. 42-88 .J ORDINANCE NO. 43-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 8. TOWNSHIP 46 SOUTH. RANGE 43 EAST. TOGETHER WITH LOTS 26. 27 AND 28. LAKE IDA MANOR. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK ~~3, PAGE 138. OF THE PUBLIC REcoRDS OF PALM BEACH COflNTY. FLORIDA. WHICH LAND IS CONTIGflOfl:3 TO EXISTING MUNICIPAL LIMITS OF SAID CITY: SAID LAND IS LOCATED WEST OF N.W. !'>TH AVENflE TO APPROXIMATELY 150 FEET WEST OF N.W. 6TH AVENUE. BETWEEN N.W. 7TH STREET AND GARDENIA TERRACE EAST: REDEF IN INt1 THE BOUNDAR IES OF SAID CITY TO INCLUDE SAID LAND: PROVIDING FOR THE RIGHTS AND. OBLIGATIONS OF- SAID LAND: PROVIDING FOR THE ZONING THEREoF TO R-1AA (SINGLE FAMILY DWELLING) DISTRICT: PROVIDING A GENERAL REPEALER CLAflSE: PROVIDING A SAVING CLAUSE: PROVIDING AN EFFECTIVE DATE. WHEREAS. thA Legislature of the State of Florida passed t.he Delray Beach Enclave Act.. Chapt,er 86-427, Laws of Florida. providing for the annexation of enclaves within the general boundaries of the City of Delray Beach: and. WHEREAS. pursuant. t.o the Delray Beach Encl/we Art.. t.he Ci ty of Delray Beach ca lIed for a referendum of those q1la 1 if ied electors within the City of Delray Beach and the enclaves that would be subject to annexation under the Act. with said referen- dum held on November 4, 1986. in conjunct.i on wi t.h a general election for Palm Beach County. Florida: and. WHEREAS, t.he referendum he Id on NovF'mher 4. 1986. was approved by a single, ma.iorit.y vot.e of said qIJ"'lified elect,ors: and. WHEREAS.t.he Cit,y of Delr"'y R..:-....h has preparerl an Enclave Report outlining the City's plan for implementation of the Delray Beach Enclave Act. which identifiF's sixty-five (65) enclaves eligible for" annexat.ion pursuant. 1'.0 t.he Act: and. WHEREAS. the City of authorized to annex lands in Enclave Act. Delray BE-ach has heret,ofore been accordance wi t.il t.he Delray Beach NOW. THEREFORE. BE TT ORDAINED BY THE CITY COflNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. A2, FOLLOW2,: Section 1. That the City Counril Beach. Palm Beach County. Florida. hereby the following described land located in Florida. which lies con~iguou~ ~o said Citv of the City of Delray ~nnpxes to said City Palm Beach County, t.(:,- to; i t.: The Ea~t 90 feet of the South 148.7:'\ feet. of the East Half of the Snuthwes~ ~l~rter of Lot 3. lying within Section 8. Township 46 South. Range 43 Eas~, Delray Beach. Palm Beach County. Florida: together with. Lots 26. 27 and 28. LAKE IDA MANOR. according to the Plat thereof recorded in Pl~t Book 23. Page 138. of the Public Record~ of P~lm Beach County. Florida IS- The subject property is located west of N W. 5th Avenue to approximately 150 feet west of N.W. 6th Avenue. between N.W. 7th Street and Gardenia Terrace East. The above descri bed parcel cont.ai ns a acre parcel of land. more or less. 1 ~) '7 , c:." Se"tion L That. t.he boundaries of the City of De1ray Beach, Florida, are hereby redefined t.o include therein the above-described t.ract of land and said land is hereby declared to be wi thin the corporat.e 1i 10i t.s of t.he City of De I ray Beach. Florida. Sp~:ti0n_3~~ been followed in thp -this ordinance ~nd here by de;::.l -7:1 red. 't,{) Dwelling) as defined Beaer" Florid.3-. That Section 30-23 of the Zoning Code has pstablish10ent of a zoning classification in t.he. t.ract, of land hereinabove d",s0ribed is be in Zonin~ Distri"t R-IAA ISingl", Family by existing ordinances of the City of Delray Se,,~jon 4. 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 "t.he City of De lray Beach are now or may be subject.ed and personE:. residing thereon shall be deemed citizens of the City of Delray Beach. :3e!Ct.ion ~c_ That this annexat.ion of the subject. proper- ty, including ad..ia,cent. roads, alleys, or t.he like, if any, shall not be deemed accept.ance by t.he Ci ty of any ma int.enance res pons i- bility for such roads. alleys. or the like, llnless ot.herwise specifically ini t.iat.ed by the Ci t:,. pursuant t.o current. require- ment.s and condi t,ions. S"'''t.i9,D._6_. That. all nrn I !'lane",s or part,s of ord inances in eonf I iet. herewi t.r, be. ann t.h", same are here by rpp",a led. ~<:.t.i9JL], That should any sect.ion or provision of this ordinance or any port.ion t.hereof, any paragraph, sentence. or word be declared by a Court of competent, jurisdict.ion t.o be invalid. such deciE:, ion s hall not affect t.he va I id i t.y of t>he remainder hereof as a whole or. part t.hereof ot.her. than th", part declared to be invalid. Secticill-.B~ That. th1.o. ordinance shall become effective immediately upon passage on second and final reading. PA2,SED AND ADOPTED in final reading on t.hi~. the _~_~ regu1.9.r se5',sion day of ___ ______~_ on second and 1988. . '-..-- - - _. ___ __u__.__.. MAY 0 R ATTEST: ------ ..-______ _'__ -0 .__ ___"._. _ ___._._. Cit.y Cler}, First Readin" Se~ond Reading - 2 - Ord. No. 43-88 - ORDINANCE NO. 44-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THE NORTH 25 FEET OF LOT 16 AND ALL OF LOTS 17 AND 18, BLOCK 4, SOPHIA FREY SUBDIVISION, ADDITION TO DELRAY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 37, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE WEST SIDE OF N.E. 9TH AVENUE. APPROXIMATELY 360 FEET NORTH OF. N.E. 8TH STREET; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida passed the De1ray Beach Enclave Act, Chapter 86-427, Laws of Florida, providing for the annexation of enclaves within the general boundaries of the City of Delray Beach; and, WHEREAS, pursuant to the Delray Beach Enclave Act. the City.of Delray Beach called for a referendum of those qualified electors within the City of Delray Beach and the enclaves that would be subject to annexation under the Act, with said referen- dum held on November 4, 1986, in conjunction with a general election for Palm Beach County. Florida; and, WHEREAS, the referendum held on November 4. 1986. was approved by a single majority vote of said qualified electors; and, WHEREAS, the City of Delray Beach has prepared an Enclave Report outlining the City's plan for implementation of the Delray Beach Enclave Act, which identifies sixty-five (65) enclaves eligible for annexation pursuant to the Act; and, WHEREAS, t,he City of De1ray Beach has heretofore been authorized to annex lands in accordance with the Delray Beach Enclave Act, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: t t . Section 1. That the City Council 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: The North 25 feet of Lot 16 and all of Lots 17 and 18, Block 4, SOPHIA FREY SUBDIVISION. ADDITION TO DELRAY, according to the Plat thereof recorded in Plat Book 4. Page 37, of the Public Records of Palm Beach County, .F lorida. The subject property is located on the west side of N.E. 9th Avenue. approximately 360 feet north of N.E. 8th Street. The above described parcel contains a 0.34 acre parcel of land. more or less. /, Sp.~tj~n? That the boundaries of the Cit~ of Delray Beach, Florida, are hereby redefined t.o include t.herein 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 Section 30-23 of the Zoning Code .has been followed in the establishment of a zoning classificat.ion in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District RM-10 (Multiple Family Dwelling) as defined by existing ordinances of the City of De1ray Beach, Florida. S.e.c.:t.io.n._.4"_ That the land hereinabove descrthed 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 and persons residing thereon shall be deemed citizens of the City of Delray Beach. Se~tio~~ That this annexation of the subject. proper- ty, inclUding adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsi- bility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current require- ments and conditions, Section ~ That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Secti~n 7. That should any section or Provision of this ordinance or any portion thereof, any paragraph, sentence. or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. , Se~tion 8. That this ordinance shall become effective immediately upon passage on second and final reading, PASSED AND ADOPTED in regular session final reading on this the __ day of ___.. on second and ___.._, 1988.. ----.---.--.-..-.-..----....-.-----.. --..--....--.-----.-- MAYOR ATTEST: I I --------...----------------.. City Clerk First Reading Second Reading - 2 - Ord. No. 44-88 .- ORDINANCE NO. 45-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THE NORTH HALF OF LOT 13 AND ALL OF LOT 14, TOGETHER WITH LOTS 3, 4 AND 5 (LESS THE WESTERLY 20 FEET THEREOF), BLOCK 4, SOPHIA FREY SUBDIVISION, ADDITION TO DELRAY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4. PAGE 37, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED BETWiEN N.E. 8TH AVENUE AND N.E. 9TH AVENUE, APPROXIMATELY 130 FEET NORTH OF N.E. 8TH STREET; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND: PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE: PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Legislature of the Sta~e of Florida passed the Delray Beach Enclave Act. Chapter 86-427, Laws of Florida, providing for the annexation of enclaves within the general boundaries of the City of Delray Beaoh; and, WHEREAS, pursuant to the Delray Beach Enclave Act. the City of Delrav Beach called for a referendum of ~hose qualified electors wi thin the City of De lrav Beach and the en"l<lves that. would be subject to annexation under ~he Act, with said referen- dum held on November 4. 1986. in con junct.ion wi t.h a genera 1 election for Palm Beach County, Florida; and. WHEREAS. the referendum held on November 4. 1986. was approved by a single majority vot.e of said qualified electors; and, WHEREAS. the City of Delray Be<lch has prepared an Enclave Report outlining the City's plan for implement.at.ion of the Delrav Beach Enclave Act. which identifies sixty-five (65\ enclaves eligible for annexation pursuant t.o the Act; and. WHEREAS, the City of authorized to annex lands in Enclave Act, I I NOW, THEREFORE, BE IT ORDA IN ED BY THE CITY COUNC J[, OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Delrav Beach has heretofore been accordance with the Delray Beach Section~ That the City Council Beach, Palm Beach County, Florida, hereby the following described land located in Florida, which lies contiguous to said City of the City of Delray annexes to said City Palm Beach County, to-wi t: The North Half of Lot 13 and all of Lot 14, Block 4, SOPHIA FREY SUBDIVISION, ADDITION TO DELRAY,according to the Plat thereof recorded in Plat Book 4, Page 37, of the Public Records of Palm Beach County. Florida; together with, /7 Lots 3, 4 and 5 (less the Westerly 20 feet, thereof), Block 4, SOPHIA FREY SUBDIVISION, ADDITION TO DELRAY, according to the Plat thereof recorded in Plat Book 4, Page 37, of the Public Records of Palm Beach County, Florida. The subject proper.ty is located between N. E. 8th Avenue and N.E. 9th Avenue, approximately 130 feet north of N.E, 8th Street. The above described parcel contains a 0.67 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 wi thin t,he corporate limits of the City of Delray Beach.. Florida. Section 3. That Section 30-23 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District RM-10 (Multiple Family Dwelling) as defined by eXisting ordinances of the City of Delray Beach, Florida. Section 4. 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 and persons reSiding thereon shall be deemed citizens of the City of Delray Beach. SectioOL~ That this annexation of the subject proper- ty, including adjacent roads, alleys, or the like, if any. shall not be deemed acceptance by the City of any maintenance responsi- bility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current require- ments and conditions. . Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed, Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part 1e~lared to be invalid. Sectio~ That this ordinance shall become effective immediately upon passage on second and final reading, PASSED AND ADOPTED in final reading on this the regular session day of on second and , 1988. ATTEST: MAYOR City Clerk First Reading Second Reading .2- Ord. No. 45-88 .1 ORDINANCE NO. 46-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. ANNEXING TO THE CITY OF DELRAY BEACH THE EAST 64.25 FEET OF LOT 10 (LESS THE SOUTH 10 FEET THEREOF) AND THE EAST 64.25 FEET OF LOT 11. TOGETHER WITH THE WEST 2 FEET OF THE EAST HALF OF LOT 10 (LESS THE SOUTH 10 FEET THEREOF) AND THE WEST 2 FEET OF THE EAST HALF OF LOT 11. BLOCK 4. SOPHIA FREY SUBDIVISION. ADDITION TO DELRAY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4. PAGE 37. OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY: SAID LAND IS LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF N.E. 8TH STREET AND N.E: 9TH AVENUE: REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND: PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND: PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT: PROVIDING A GENERAL REPEALER CLAUSE: PROVIDING A SAVING CLAUSE: PROVIDING AN EFFECTIVE DATE. j .. ;.. I WHERE A", . t.he fJesi5lat.llre of t.he St.at.e of Flori dll passed the De1ray Beach Enclave Act. Chapter 86-427. Law5 of Florida. providing for the annexation of enclaves within the general boundaries of t.he Ci t.y of Delray Beach: and. WHEREAS. pur!'\uant. to t.he Delray Reach Enclave Act.. the City of De1ray Beach r.a lIed for a ref",rendum of t.hose qual ified electors within the City of Delray Beach and the enclaves that would be subject to annexation under the Act.. with said referen- dum held on Novemb",r 4. 1986. in conjunction with a seneral election for Palm Beach County. Florida: and, WHEREAS. t.he referendum h",] d on N()vember 4. 1986. was approved by a single maJorit.y vote ()f said qualifieci electors; and. WHEREAS. the City of Delray Beach has prepared an Enclave Re.port outlining the Ci tir '.s plan for impleme!ltation of the Delray Beach Enclave Act. which identifies sixty-five (65) enclaves eligible for annexation pursuant to the Act: and. WHEREAS. the City of Delray Beach has heretofore been authorized to annex lands in accordanc'" with the De1ray Beach Enclave Act, NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS: Secti()n 1. That. t.he Cit.y CNmr.il Beach, Palm Beach County. Florida. hereby the following described land located in Florida. which lies contiguous to said City of the City of De1ray annexes to said City Palm Beach County, to-wi t: The East 64.25 feet of Lot 10 (less the South 10 feet thereof) and the gast. 64.25 feet of Lot 11. Block 4. SOPHIA FREY SUBDIVISION. ADDITION TO DELRAY. according to the Plat thereof recorded in Plat Book 4. Page 37. of the Publ ic Records of Pa 1m Beach Count.y. Florida: together with. It' 1 .1 The West 2 feet of the East Half of Lot 10 (less the South 10 feet thereof) and the West 2 feet of the East Half of Lot 11. Block 4. SOPHIA FREY SUBDIVISION. ADDITION TO DELRAY. according to the Plat thereof recorded in Plat Book 4. Page 37. of the Public Records of Palm Beach County. Florida. The subject property northwest corner of the 8th Street and N.E. 9th is locat,,:,d intersect.ion Avenue. at. of t.he N. E. The above described parcel contains a O. 18 acre parcel of land. more or less. Section 2. That t.he boundaries of the City of Delray Beach. Florida. are herAby redefined to include therein the above-described tract of .and and said land is hereby declared to be within the corporate limits of the City of De1ray Beach. Florida. SectioJL3,c That Section 30-23 of the Zoning Code has been followed in the establishment of a zoning classification 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 ordinances of the City of Delray Beach. Florida. :=,,,,,,otiQIL.A.". That. toh€< ] and hereina bove descri bed shall immed iat.e] v hl'!come suhject. t.o a 1] of the franchisl'!s. pri vi leges. immunities. debts. obligations. liabilities. ordinances and laws to which lands in the City of Delray Beach are now or may be subjected and persons residing thereon shall be deemed citizens of the City of Delray Beach. Section 5., That this annexation of t.he subject proper- ty. including adjacent roads. alleys. or t.he like. if any . shall not be deemed accept.ance by t.he City of any maintenance responsi- bility for such roads. alleys. or the like. unless otherwise specifically initiated by t.he City pursuant to current require- ments and condit.ions. Sect.ion 6. 'rhat. all ordinances or parts of ordinances in conflict herewith b';. andt.he same are hereby repealed. Section 7 That should any section or provision of this ordinance or any portion thereof. any paragraph. sentence. or word be declared by a Court of competent jurisdiction to be invalid. such decision shall not. affect the validity of the remainder hereof as a whole or part thereof ot.her than the part declared to be invalid. Section 8. That. t.his ordinanc€< shall become effective immediately upon passa,e on second and final reading. PASSED AND ADOPTED in final reading on t.his t.he___ regular session day of on second and . 1988. ATTEST: MAY 0 R Citv Clerk First Reading Second Reading - 2 - Ord. No. 46-88 ORDINANCE NO. 47-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. ANNEXING TO THE CITY OF DELRAY BEACH LOT 3. BLOCK 5. AND THE WEST HALF OF ABANDONED ALLEY LYING EASTERLY AND ADJACENT TO LOT 3, BLOCK 5. TOGETHER WITH LOT 10 (LESS THE SOUTH 8 FEET ROAD RIGHT-OF-WAY) AND LOTS 11 AND 12, AND THE EAST HALF OF THE ABANDONED ALLEY LYING WEST OF LOTS 10. 11 AND 12 (LESS THE SOUTH 15 FEET THEREOF), BLOCK 5, SOPHIA FREY SUBDIVISION. ADDITION TO DELRAY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4. PAGE 37. OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS GENERALLY LOCATED BETWEEN N.E. 9TH AVENUE AND N.E. 10TH AVENUE (PALM TRAIL), DIRECTLY NORTH OF N.E. 8TH STREET; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND: PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND: PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT: PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida passed the Delray Beach Enclave Act. Chapter 86-427. Laws of Florida, providing for the annexation of enclaves within the general boundaries of the City of Delray Beach; and. WHEREAS. pursuant to the Delray Beach Enclave Act, the City of Delray Beach called for a referendum of those qualified electors within the City of Delray Beach and the enclaves that would be subject to annexation under the Act. with said referen- dum held on November 4, 1986, in conjunction with a general election for Palm Beach County, Florida: and, WHEREAS, the referendum held on November 4. 1986. was approved by a single majority vote of said qvalified electors: and. WHEREAS. the City of DeJray Reach has prepared an EnclBve Report olJtlining t,h~ ~it,y's plan for implemAn~R~inn of the Delray Beach Enclave Act. which identifies sixty-five (65) enclaves eligible for annexation pursuant to the Act: and. WHEREAS. the City of Delray Beach has heretofore been authorized to annex lands in accordance with the Delray Beach Enclave Act. NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL LF THE CITY OF DELRA Y BEACH. nOR IDA. AS FOLLO\~S; ~llQ.lLL_ That the City Council Beach. Palm Beach County. Florida. hereby the following described land located in Florida, which lies contiguous to said City of the City of De1ray annexes to said City Palm Beach County. t.o-wi t: Lot 3. Block 5. SOPHIA FREY SUBDIVISION. ADDITION TO DELRAY. according to the Plat thereof recorded in Plat Book 4. Page 37. of the Public Records of Palm Beach Count.y, Florida: together with. /9 The West Half of Abandoned Alley lying Easterly and adjacent to Lot 3. Block 5. SOPHIA FREY SUBDIVISION. ADDITION TO DELRAY. according to the Plat thereof recorded In Plat Book 4. Page 37. of the Public Records of Palm Beach County. Florida; together with. Lot 10 (less the South 8 feet road right-of-way) and Lots 11 and 12. and the East Half of the Abandoned Alley lying West of Lots 10, 11 and 12 (less the South 15 feet. thereof), Block 5. SOPHIA FREY SUBDIVISION. ADDITION TO DELRAY. according to the Plat thereof recorded in Plat Book 4. Page 37, of the Public Records of Palm Beach County. FlorIda. The subject property between N.E. 9th Avenue (Palm Trail), directly Street. , is generAlly lonAterl and N. E. 10t.h Avenue north of N.F.. 8th The above described parcel acre parcel of land. more or cont.ai.ns rt less. D.7? :;'<2iLtj[..lL2~.. That. the boundarIes of the Cit.y of Delray Beach. Florida. are hereby redefi ned t.o Include t.hereIn t.he above-described tract of land and said land is hereby declared to be wi thin the corporat.e 1Imi t.P. of t.he (;I t.y of De I ray ReAch. Flori.da. :3~C.t,j,.oXL3.,. That P,ect.ion 30-23 of the ZonIng Corle has been followed in the establishment of a zonIng classificAtIon 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 ordinances of the City of Delray Beach. Florida. 5.e.Q..liQIL..4~. 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 CI t.y of Delray Beach are now or may be subjected and persons residing thereon shall be deemed citizens of the City of Delray Beach. s..ecti~5..L_ That this annexation of the subject proper- ty, includIng adjacent roads. alleys. or the like. if any, shall not be deemed acceptance by the City of any maintenance responsi- bility for such roads, alleys. or the like, unless otherwise sp~cifically inItiated by the City pursuant to current require- ments and conditions. Section Ii..... That all ordinances or parts of ordlnances in conflict herewith be. and the same are hereby repealed. Sect.li1.ll.._L. That should any secti.on or provis i.on 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 t.hereof other than the part. declared to be invalId. 5.f:D.!ciQ.n..lL. That. t.hts ordinance shall becom", effective immediately upon passage on second and final reading. - 2 - Ord. No. 47-88 il , !I II I PASSED AND ADOPTED in final reading on this the regular session day of on sAcond and 1988. --.-.--------... .. --. t'l A Y 0 R ATTEST: Cit.y Clerk --________n_._____.___._.__ . _"__"_ __ .."_ First Reading _..,_____._..________. Second Reading ___._.________... - 3 - Ord. No. 47-88 ORDINANCE NO, 48-88 AN:ORDINANCE OF THE CITY conNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THE EAST 256 FEET OF ALL THAT PART OF LOT 6 LYING EAST OF McGINLEY AND GOSMAN'S SUBDIVISION AND WEST OF THE INTRACOASTAL WATERWAY (LESS ROAD RIGHT-OF-WAY AND THE SOUTH 250 FEET THEREOF), LYING WITHIN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE SOUTHEAST CORNER OF N.E. 8TH STREET AND PALM TRAIL (N. E. 10TH AVENUE); REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida passed the Delray Beach Enclave Act. Chapter 86-427. Laws of Florida. providing for the annexation of enclaves within the general. boundaries of the City of Delray Beach; and, WHEREAS, pursuant to the De1ray Beach Enclave Act. the City of Delray Beach called for a referendum of those qual.ified electors within the City of Delray Beach and the enclaves that would be subject to annexation under the Act, with said' referen- dum held on November 4. 1986, in conjunction with a general election for Palm Beach County, Florida; and, WHEREAS, the referendum held on November 4, 1986, was approved by a single majority vote of said qualified electors; and, WHEREAS, the City of Delray Beach has prepared an Enclave Report outlining the City's plan for implementation of the Delray Beach Enclave Act,. which identifies sixty-five (65) enclaves eligible for annexation pursuant to the Act; and. WHEREAS, t.he City of Delray Beach has heretofore been authorized t,o annex lands in acr.ordance with t.he De.lray Beach Enclave Act, NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS: I I ae.Q..t.iQILj.~ That the Cit.y CouncIl Beach. Palm Beach County. Florida. hereby the follOWing described land located in Florida. which lies contiguous to said City of the City of De.lray annexes to said City Palm Beach C~unty. to-wi t: The East 256 feet of all that part of Lot 6 lying East of McGinley and Gosman's Subdivision and West of the Intracoastal Waterway (less road right-of-way and the South 250 feet thereof), lying within Section 9. Township 46 South. Range 43 East, Delray Beach, Palm Beach County, Florida. The subject property is located at the southeast corner of N,E. 8th Street and Palm Trail (N. E. lOth Avenue). ~o The above described parcel contains a 1.3 acre parcel of land, more or less. Sp.ction 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 Section 30-23 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District GC (General Commercj~l) as defined by existing ordinances of the City of Delray Beach. Fl0rida. Sectiotl....A~.. 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 De1ray Beach are now or may be subjected and persons residing thereon shall be deemed citizens of the City of De1ray Beach. !;te.ction 5... That this annexation of the subject. proper- ty, including adjacent roads, alleys, or the like. if any. shall not be deemed acceptance by the City of any maintenance responsi- bility for such roads, alleys. or the like. unless otherwise specifically initiated by the City pursuant to current require- ments and conditions. S~ct~~~ That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Sp.ction 7~ That should any section or provision of this ordinance or any portion thereof. any paragraph. sentence. or word be declared by a Court of competent jurisdiction to be invalid. such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section -B..... That this ordinance shall become effective immediately upon passage on second and fi.nal reading. PASSED AND ADOPTED in final reading on this the regular session day of on second and , 1988. I I ATTEST; ..__._--~ -. ..-----.---.-- MAY 0 R City Clerk First Reading Second Reading - z - Ord. No. 48-88 .J ORDINANCE NO. 49-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 9. TOWNSHIP 46 SOUTH. RANGE 43 EAST. DELRAY BEACH. PALM BEACH COUNTY, FLORIDA. WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED APPROXIMATELY 300 FEET NORTH OF N.E. 8TH STREET. EAST OF THE INTRACOASTAL WATERWAY AND WEST OF ANDREWe. AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-1AAA (SINGLE FAMILY DWELLING) DISTRICT: PROVIDING A GENERAL REPEALER CLAllSE: .PROVIDING A .SAVINGCLAUS'E: PROVIDING AN EFFECTIVE DATE. . WHEREAS. the Legislature of the State of Florida passed the Delray Beach Enclave Act. Chapter 86-427, Laws of Florida, providing for the annexation of enclaves within the general boundaries of t.he Ci t.y of Del ray Beach: and. WHEREAS. pursuant. t.o t.h", Delray Beach Enclave Act, the Ci t.y of Delray Beach called for a referendum of those qual if ied electors wi thin the Ci t.y of Delray Beach and t.he enclaves that would be subject to annexation under the Act, wi t.h said referen- dum held on November 4. 1986. in conjunction with a general election for Palm Beach County. Florida: and. WHEREAS. t.he referendum held on November 4. 1986. was approved by a single majority vote of said qualified electors: and. WHEREAS, t.r,,,, City nf Delrl'lv Bei;lch hl'ls prepared an Enclave Report outlining t.h", r.it.y's pll'ln fnr implementation of t.he Delray Beach Enclave Act.. which ident.ifi",s sixty-five (65\ enclaves eligible for annexation pursuant to the Act: and. WHEREAS, the City of .authorized .to annex. .lands In Enclave Act. Delray Beach has heretofore accordl'lnce with tbe Del~ay ~en Beach NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORTDA. AS FOLLOWS: Section...L. That. the Ci t.y Counci 1 Beach. Palm Beach County. Florida. herehy the following described land locat",d in Florida. which lies contiguous to said City of the City of Delray annexes to said City Palm Beach County. to-g1t.: Lots 11. 24. and 25 less part of Lots 11 and 24 in DBl O~::lP64P,. pi'irt. of Lot. 24 in DB1014P440. part of Lots 24 and 25 in DB1011P355: and less the Westerly 95 feet of the Easterly 322.5 fe",t of the Northerly 107 feet of Lot 25. the East 133 feAt of Lot 25. the Southerly 102 feet of the Westerly 750 feet of Lots 11. 24. and 25, and the Westerly 94. f> feet of t.he ~;"'5t.er ly 227. f, feet of the NorthArly 10~ fAAt>. lying within Section 9. Township 46 South. R",nge 43 EaRt.. ~/ .J The subject property is located approximately 300 feet north of N.E. 8th Street. east of the Intracoastal Waterway and west. of Andrews Avenue. The above described parcel acre parcel of land. more c,r c~(-jnt,a ins .q l~~~, . 1. 03 Section 2~ That t.he bound",ri",,,,, ()f th", City of Delray Beach. Florida, are hereby r",defined t.n includ", th",rein t.he above-described tract of land and said ]"nd is hereby declared t.o be wi thin the corporate limit,s of t.he Ci t.y of De lray Beach. Florida, Section 3, That Section 30-23 of the Zoning Code has been followed in the establishment of a zoning classification in thi~ ordinance and the tract of land hereinahove described is 'hereby declared, to be in Zoning Dist,rict .R-TAAA ISingleFamilll" Dwelling) as defined by exist.ing ordinances of t,he City of Delray Beach. Florida. Sect.io-D--L. That t.he land hereinabove descri bed shall immediately become sub.iect to a 11 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 and persons residing thereon shall be deemed citizens of the City of De1ray Beach. SectiQfi~~, That this ann",xation of t.he subject proper- ty. inCluding adjacent roads, alleys. or the like. if any. shall not be deemed acceptanc", by the City of any maintenance r",sponsi- bi1ity for such roads. alleys. or the like. unl~ss otherwise speCifically ini tiat,ed by the City pursuant, to current, r",quire- ments and conditions. Section 6. That all ordinances or parts of ordinances in conflict herewith be. and tll", same ar'" hereby repealed. Section 7. That should any section or provision of this ordinance or any portion thereof. any paragraph. sentence. or word be declared by a Court of compet,ent Jurisdict.ion to be invalid, such decision shall not affect the validity of the remainder. hereof as. a. "";'10 Ie or part thereof . other t.ha.n the part declared to be invalid. Section 8. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in final reading on this the regular session day of on second and , 1988. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 49-88 I I .J ORDINANCE NO. 50-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. ANNEXING TO THE CITY OF DELRAY BEACH THREE PARCELS OF LAND LYING AND BEING IN SECTION 20. TOWNSHIP 46 SOUTH, RANGE 43 EAST. DELRAY BEACH. PALM BEACH COUNTY. FLORIDA. WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS GENERALLY LOCATED NORTH OF LINTON BOULEVARD. SOUTH OF S.W. 10TH STREET. EAST OF INTERSTATE-95. AND WEST OF S.W. 8TH AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR T.HE ZONING THEREOF TO LI (LIGHT INDUSTR IAL) DISTRICT. IN PAR,T. CF (COMMUNITY FACILlTIEf,) . tJISTRICT. IN PART.. AND R-1A (SINGLE FAMILY DWELLING) DISTRICT. IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS. the Legislature of the State of Florida passed the Delray Beach Enclave Act.. Chapter 86-427. Laws of Florida. providing for the annexation of enclaves within the general boundaries of the City of Delray Beach; and. WHEREAS. purflllant to t.he Delray Beach Enclave Act. t.he City of De1ray Beach called for a referendllm of those qualified electors within the City of De1ray Beach and the enclaves that would be subject. t.o annexation under the Act. wi t.h said referen- dum held on November 4. 1986. in conjunction with a general election for Palm Beach Count.y. Florida; and. WHEREAS. the referendum held on November 4. 1986. was approved by a single majority vote of said qualified electors; and. WHEREAS. the City of Delray Beach has prepared an Enclave Report outlining the City's plan for. implementation of the Delray Beach Enclave Act. which identifies sixty-five (65) enclaves eligible for annexation pur~uant to the Act; and. WHEREAS. the City of Delray Beach has heretofore been authorized to annex lands in accordance with the Delray Beach Enclave Act.. NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRA Y BEACH. FLCHI IDA. AS FOLLOWS; Seetin" 1. That. t.he Ci t,y Counci 1 Beach. Palm Beach Count.v. Flori da. hereby the following described land located in Florida. which lies contiguous to said City of the City of Delray annexes to said City Palm Beach County. to-wit.; EAF~.........::A.~ The Sout.h Half of the West Half of [,ot 22 (less 1-95 right-of-way), lYing within Section 20. Township 46 South. Range 43 East; toget.her wit.h. ~;! .1 The North Half of the West Half of Lot 23 (less 1-95 right-of-way), lying within Section 20, Township 46 South, Range 43 East: together wi t.h, Lots 3, 4, 5. 6. and 12. PLATT'S ACRES, according to the Plat thereof recorded in Plat Book 21. Page 47, of the Public Records of Palm Beach County, Florida: together with, Lots 7 and 8, Block A. SUNNY ACRES, according to the Plat t>hereof recorded in Plat. Book 21, Page 63, of the P'.lblic Records of Palm Beach County, Florida: together with. Lots 1. 2. 3. and 4. Block R. SUNNY ACRES. . according t.o t.J:te . Plat. t.hereof recorded in . Plat. Book 21 . Page 63. of the Publ i.e. . Reco.rds of Palm Beach Count.y, Florida: together with, Lots 3. 4, 6. and 8. Block c. SUNNY ACRES, according t,o t.he Plat t.h",reof recorded in Plat Book 21. Page 63. of the Public Records of Palm Beach County, Florida: together with, Lot.s 3. 5. 6. and 8. ESQlJ IRE SUBDJVIS ION. according to the Plat thereof recorded in Plat Book 23. Page 43. of the Public Records of Palm Beach County. Florida: together with. Lots 1. 2 . 7. 8. ACRES. according to in Plat Book 21. Records of Palm together with. 9. 10. and 11 . PI,ATT'S the Plat thereof recorded Page 47. of the Public Beach Count.y. Florida: Lots 5, 6, 8. 9. 10. and the West. 2:'\ feet, of Lot 7. Bln~k R. SUNNY ACRES. acoording to the Plat thereof recorded in Plat Book 21. Page 63. of t.he Publ ic Records of Pa 1m Beach County. Florida: together with. Lots 5 and 7. Block C. SUNN~ ACRES. according. to t.he Plat. t.hereof recornen in Plat. Book 21. Page 63. of t,he Publio Records of Palm Beach County. Florida: together with. Lot.s 1. 2, 3. 4. 5. ACRES. according t,o in Plat Book 21. Records of Palm together wi t,h. 6. and 7. Block D. SUNNY t,he Plat, t,hereof recorded Page 63. of t,he Public Beach Count,y. Florida: The East Half of the West Half of Lot 30 lying We",t. of Gt>rmant.own Roan. lying within Section 20. Township 46 South. Range 43 East. The subject. propert.y is generally located north of Linton Boulevard. south of S.W. 10th Street. east of Interstate-95. and west of Germantown Road. The above desoribed parcel cont.ains a 23.84 acre parce] of 1cmd. more or less. - 2 - Ord. No. 50-88 ! ~JL The South 183 feet of the KA~t HAlf of the West Half of Lot ~o lying EA~t of the Plat of SUNNY ACRES (I ""'0>" t,he East. 25 f",et of the road right-of-wAY). lying within Section 20. Township 46 South. Range 43 East; together with. The Sout,h 158 feAt. of Lot 8. Rlock D. SUNNY ACRES, according to the Plat thereof recorded in Plat Book 21. Page 63. of the Public Records of Palm Beach County. Florida. The subject property is generally located at the northeast. corner of the intersection of Ge~~antown :Road and Georgia ~tr~et. if extended eastward. t The above de><<'rihed pArcel <,ont.clins a 1.72 acre parcel of land. morA or 1~~A. PAR.Gji;r,,--~~C The South 76 18 feet of the North 324 feet of the East Half of t.he We~t. Half of Lot 30. lying within Sect,ion 20, Town"hip 46 South. Range 43 East; together with, The Sout.h 55 the Westerly West> Half of Township 46 with. feet of the North 37A feet of 127 fAet of the Ea~t Half of the Lot, 30. lving wit.hin Sect.ion 20. South. Range 43 Ea~t.: t>oget>her The Southerly 8f) feAt. of t>he North feet of the East Half of the We><t Half 30 (less that pArt in DB1029P416). within Section 20. Town~hjp 46 South. 43 East; together with. 482.64 of Lot lying Range That part of the North 431.75 feet West. Half of Lot 30 part in OR 1428 P22) . Town~hip 46 South. with. South 107.75 feet of the of the East. HAlf of t.he in DB1029P416 (less that Iving within Section 20. Range 43 East; together Part of the Southerly 94.46 feet of the North 418.46 feet. of the EAst. Half of the West. Half of Lot 30 in OR1428P22. lying within Sect.ion 20, Township 46 South, Range 43 East; together with. The North 90 feet of the East West Half of Lot 30 lying East of Road. within Section 20, Township Range 43 East; together with. Half of t.he Germantown 46 South. The South 79.82 feet of the North 247.82 feet of the Ea~t. Ha If of the West Ha If of Lot 30 lying EAst of Germantown Road, within Section 20. Township 46 South. Range 43 East; together with. - 3 - Ord. No. 50-88 The South 78 feet of the North 168 feet of the East Half of the West Half of Lot 30 lying East of Germant~wn Road. within Section 20. Township 46 South. R",nge 43 East: together wit.h, The Nort,h flf) f~~T. of Lot. 8. Bln.:~k D. as OR1902P1322, SONNY A~RES. according to Plat thereof recorded in Plat Book 21. 63. of the Puhlic Records of Palm County. Florida: together with. in t.he Page Beach The ::,out.h 55 feet. of t,he Nort.h 110 feet of Lot 8. Block D. SUNNY ACRES. according to the Plat thereof recorded in Plat Book 21, Page 63. of the Public Records of Palm Beach County. Flortda:: toget,her with.. .. The ;O,outh 1 D6 feet, of the Nort.h 216 feet of Lot 8 (less that part in DBI029P416). Block D, SONNY ACRES. according to the Plat thereof recorded in Plat Book 21. Pa~e 63. of the Public Recc,rds of Palm Beach (>>Imt.y. Florida: together wi.th. That part of Lot 8 in OR1428P22, Block D. SUNNY ACRE::" according to the Plat t.hereof recorded in Plat Book 21. Page 63. of the Public Recc,rds of Palm Beach COllnt.y. Florida: toget,her with. Part of Lot 9 described as beginning at a Point 136.95 feet Northeasterlv of the Southwest corner of Lot 9. thence Northeasterly along curve 86,11 feet, East 68.75 feet.. ::,outh 100 feet,. West. 72 feet. Northwesterly to Point of Beginning, ESQUIRE SUBDIVISION, according to the Plat thereof recorded in Plat Book 23, Page 43, of the Public Records of Palm Beach County, Florida; toget.her with, Lot 9 (less the Northerly 100 feet and the Southerly 22 feet of the Westerly 119 feet), ESQUIRE SUBDIVISION, according to the Plat thereof recorded in Plat Book 23, Page 43, of the Public Re"ords of Palm Bea"h County, Florida: together with, The Southerly 22 feet feet of Lot 9 and the the Westerly 119 feet SUBDIVISION, a"cording recorded in Plat Book Publi" Records of Palm together with, of the Westerly 119 Northerly 38 feet of of Lot 12, ESQUIRE to the Plat thereof 23, Page 43. of the Beach County, Florida: Lot. 12 (less t.he East. 215 feet .,<nd the Northerly ~8 feet of the Westerly 119 feet), ESQUIRE SUBDIVISION. according to the Plat thereof recorded in Plat Book 23, Page 43, of the Public Re"ords of Palm BE-ach County. Florida: together with. - 4 - Ord. No. 50-88 The South 80 feet of the East 150 feet of Lot 12, ESQUIRE SUBDIVISION, according to the Plat thereof recorded in Plat Book 23, Page 43, of the Public Records of Palm Beach County, Florida: together with, The East 215 feet of Lot 12 (less the South 80 feet. of t.he East 150 feet), ESQUIRE SUBDIVISION, according to the Plat thereof recorded in Plat Book 23, Page 43, of the Public Records of Palm Beach County, Florida; t,ogether wit,h, Lot 13 (less the East 215 feet thereof), ESQUIRE SUBDIVISION, according to the Plat thereof recorded in Plat Book 23, Page 43, of . the Publ io Records of. Pal,~ . Beach Coun:tv, Florida; together with, The East 200 feet SUBD1VTSION, according recorded in Plat Book Public Re<":'ords of Palm together wi.th, of Lot 13, ESQUIRE to the Plat thereof 23, Pa~A 43, of the Beach CC.llnt.y, Florida; The SOllth 31.25 feet of the East 200 feet of Lot 14 and the North 31.25 feet of the East 200 feet of Lot 15, ESQUIRE SUBDIVISION, ,,>ccording to the Plat t.hereof recorded in Plat Book 23, Page 43, of the Public Records of Palm Beach County, Florida; together with, The West 15 feet of the East 215 feet of Lots 13, 14, 15. and 16 as in OR 1766P929. ESQU IRE SUBDIVISION, ac<":'ording to the Plat thereof recorded in Plat Book 23, Page 43, of the Public Records of Palm Beach County, Florida; together with, The North 60 feet of the East 200 feet of Lot 14. E:3QU IRE SUBDIVIS ION, accord ing to the Plat thereof recorded in Plat Rook 23, Page 4:1, c,f t.he Pllblic Re<":'ord", of Palm Beach County. Florida; together with, Lot 14 (less the East 215 feet thereof). ESQUIRE SUBDIVISION, according to the Plat thereof recorded in Plat Book 23, Page 43, of the Pllblic Records of Palm Beach r:ounty, Florida; together with, Lot 15 (less the East 215 feet thereof). ESQUIRE SUBDIVISION, according to the Plat thereof recorded in Plat Book 23, Page 43, of the Public Records of Palm Beach County. Florida; together with, The South 60 feet of the East 200 feet of Lot 15, ESQU IRE SUBDIVIS ION, accord ins to the Plat thereof recorded in Plat Book 23, Page 43, of the Public Records of Palm Beach County, Florida; together with, The East 200 feet SUBDIVISION. according r~~brd~d in Plat Book Public Records of Palm together with, of Lot 16. ESQU TRE to the Plat. thereof 23. Page 43, of the Beach County. Florida: - 5 - Ord. No. 50-88 Lot 16 (less the East 315 feet thereof). ESQUIRE SUBDIVISION. according to the Plat thereof recorded in Plat Book 23. Page 43. of the Public Records of Palm Beach County. Florida: together with. The West 100 feet of the East 315 feet of Lot 16. ESQUIRE SUBDIVISION. according to the Plat thereof recorded in Plat Book 23, Page 43, of t.he Public Records of Palm Beach County. Florida The subject property is north of Linton Roulevard. Street. east of Germ~ntown S.W. 8th Avenue. generally located south of S. W. lOt.h Road. and west of The above de~crihed parcel acre P81"<:P: 1. of 1.~Hlrl. rrj{Yr.~ or cont.ains a less. 8.56 ~e~('~Li'lli. ~::, ThAt. t.he bounrlarie~: of the City of Delray Beach. FloridA. I're herehy redefined L, include t.herein t.he above-described t.raots of land And ~..aid l.ands are hereby deolared t.o be wit.hin t.he corporate limit.s of t.he City of Delray Beach, Florida. ~ct.ion ~ That Section 30-23 of the Zoning Code has been followed in the est.abl ishment. of a zoning 0lassifIcation in this ordinance and the t.ra,.,t. of l!3nd hereinabove described as Parcel "A" is hereby declared to be in Zoning District LI (Light Industrial) as defined by exist.ing ordinances of the City of Delray Beach. Florida. Section 4. That. Sect.ion 30-23 of t.he Zoning Code has been followed in the est.ablishment. of a zoning classifi0ation in t.his ordinance and the t.ract of land hereinabove described as Parcel "B" is hereby declared to be in Zoning Dist.rict CF (Community Facilities) as defined by exist.ing ordinances of the City of Delray Beach. Florida. Sect.iQrLQ.~. That. Se,.,tion 30-23 of t.he Zoning Code has been followed in the establishment of a zoning classification in t.his ordinance and t.he tract. of land hereinabove described as Parcel "C" is hereby declared t.o be in Zoning District R-lA (Single Family Dwelling) as defined by eXisting ordinances of the City of Delray Beach. Florida. 5ect,i0"-.D,. That. t.he lanrl hereinabove described shall immediat.ely become ~ubject. to all of t.he franchises. privileges. immunit.ies. debts. obligat.ions. liabilities. ordinances and laws to which lands in t.he Cit.y of Delray Beach are now or may be subjected and persons resi<iing t.hereon shall be deemed citizens of t.he Cit.y )f Delray Beach. 5e0~inn 7. That. t.his annexation of t.he subject. proper- ty. inclUding adjacent roads. alleys. or the like. if any, shall not be deemed acceptance by the City of any maintenance responsi- bility for such roads. alleys. or the like. unless otherwise specifically initiat.ed by the City pursuant to current require- ments and conditions. :3ectI9Jl...a~._ That all ordinances or parts of ordinances in conflict. herewit.h be. and the same are herehy repeal",d. - 6 - Ord. No. 50-88 SA~tion 9. That should any section or provision of this ordinance or any portion t.hereof, 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. Se0.tion .J_'), That t,his ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in final reading on this the regular session on second and day of ______, 1988. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 7 - Ord. No. 50-88 ORDINANCE NO. 51-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 1, 2 AND 3, BLOCK 17, SOUTHRIDGE SUBDIVISION, PLAT 2 OF 2, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGE 39, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF S.W. 8TH AVENUE AND ELLA STREET; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THF. RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-1A (SINGLE FAMILY DWELLING) DISTRICT; .PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida passed the Delray Beach Enclave Act, Chapter 86-427, Laws of Florida, providing for the annexation of enclaves within the general boundaries of the City of Delray Beach; and, WHEREAS, pursuant to the Delray Beach Enclave Act. t.he City of Delray Beach called for a referendum of t.hose qualified electors wit.hin the City of Delray Beach and the enclaves that. would be subject to annexat.ion under t.he Act.. with said referen- dum held on November 4, 1986, in conjunction with a general election for Palm Beach County, Florida; and. WHEREAS. the referendum held on November 4. 1986, was approved by a single majorit.y vot.e of said qualified elect.ors; and, WHEREAS, the City of Delray Beach has prepared an Enclave Report outlining the City' s plan for implementat,ion of the Delray Beach Enclave Act, which identifies sixty-five (65) enclaves eligible for annexation pursuant to the Act; and. WHEREAS, the City of authorized to annex lands in Enclave Act, Delray Beach has heretofore accordance with the Delray been BRach NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA. AS FOLLOWS: Sect ion 1. Tha t the City Counc 1.1 BtJch, Palm Beach County, Florida, hereby the following described land located in Florida, which lies contiguous to said City of the City of Delray annexes to said City Palm Beach County. to-wi t: Lots 1, 2 and 3, Block 17. SOUTHRIDGE SUBDIVISION, PLAT 2 OF 2. according t.o the Plat thereof recorded in Plat Book 13, Page 39, of the Public Records of Palm Beach County, Florida. The subject property is located at the southwest corner of S.W. 8th Avenue and Ella Street. The above described parcel contains a 0.71 acre parcel of land. more or. less. ~.3 ~ction 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. Seotion 3. That Section 30-23 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District R-1A (Single Family Dwelling) as defined by existing ordinances of the City of Delray Beach, Florida. SAotion A_ 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 and .persons residing thereon shall be deemed citizens of the City of Delray Beach. SAotion 5. That this annexation of the subject proper- ty, inCluding adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsi- bili ty for such roads, alleys, or the like, unless o.therwise speCifically initiated by the City pursuant to current require- ments and conditions. ~ction ~ That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That should any section or prOvision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8 That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in final reading on this the regular session on second and day of __________ 1988. --..-...----.--.------.-..-. __... ____n__. _ _ .'_____. MAY 0 R ATTEST: It City Clerk ------------------.-.---.- First Reading _ Second Reading ___________ - 2 - Ord. No. 51-88 I j ORDINANCE NO. 52-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. ANNEXING TO THE CITY OF DELRAY BEACH LOTS 1 THROUGH 15. INCLUSIVE. SANDS O'SEA. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 21. PAGE 27, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE EAST SIDE OF GERMANTOWN ROAD. BETWEEN LINTON BOULEVARD AND MILFRED STREET. IF EXTENDED EASTWARD; REDEF INING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-1A (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A . GENERAl; REPEALER .CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS. the Legislature of the State of Florida passed the Delray Beach Enclave Act. Chapter 86-427, Laws of Florida, providing for t.he annexat.ion of enclaves within the general boundaries of the City of Delray Beach; and, WHEREAS. pursuant. to the Delray Beach Enclave Act. the Ci ty of De 1 r",y Beach called for a referendum of t.hose qua I if ied elect.ors within the City of Delr'lY Beach and the en"Javes that would be sub,iect to annexat.ion Imder the Act, wi t.h said referen- dum held on November 4. 1986. in conjunction with a general election for Palm Beach Count.y. Florida; and. WHEREAS. the referendum held on November 4. 1986. was approved by a single ma.iorit.y vot." of s....i.o qualified eJect.ors; and. WHEREAS. U,,, Ci t.y of Del ray Be'l"h h...." prep....red an Enclave Report outli n i ng t.he Ci t.y' s plan for implement.at.ion of the De1ray Beach Enclave Act. which ident.ifies sixty-five (65) enclaves eligible for annexation pursuant to t.he Act: and. WHEREAS; the City of authorized to annex lands in Enclave Act, . .Delray Beach has here.tofore accordance ~fth the Delray been' Beach NOW. THEREFORE. BE IT ORDAINED BY TI{E CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS: ~c.:UQ~ That the Ci t.y Council Beach. Palm Beach Count.y. Flori da. hereby the following described l....nd locat.ed in Florida. which lies cont.ig11OuS t.o said r.it.y of the Cit.y of Delray annexes to said Cit.y Palm Beach County. to-wi t.: Lot.s 1 through 15. inclusive. SANDS a'SEA. according to t.he PlA~ ~hereof recorded in Plat Rook 21. Page 27. of the Public Records of Palm Be",,,h Count.;.'. "lorida. The subject propert.y is located on the side of Germ'lntown Road. between Boulevard and MUfred Street. if east.~ard. east. Linton extended The above described p'lrcel contains a 3.83 ~~~~ P_~i~~J ~f l~nrl, rnor~ or les5, ,;('1- .j Sect. ion 2.._ That. t.he boundaries of t.he Ci t.y of Delray Beach, Florida. are hereby redefined t.o 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 Section 30-23 nf the Zoning Code has been followed in the e:".t.abli,..hment of a 3nning classification in this ordinance and the tract. of land hereinabove described is hereby declared to be in Zoning District R-1A (Single Family Dwelling) as defined by existing ordinances of the City of De1ray Beach. Florida. Section 4. That. t.h", land hereinabove described shall immediately become subject. to all of t.he franchises. privileges, immMnities. debts. obligations. liabilit.ies. ordinances and laws to which lands in the City of Delray Beach are now or may be subjected and persons residing thereon .shan be. deemed citizerus of the City of Delray Beach. Section-5...... That. this annexation of t.he subject proper- ty. including adjacent roads. alleys. or the like. if any, shall not be deemed acceptance by the City of any maintenance responsi- bility for such roads. alleys. or the like. unless otherwise specifically initiated by t.he City pursuant to current require- ments and conditions. Sect,ion _6..,. That all ordinances or part.s of ordinances in conflict herewit.h be. and t.he same are hereby repealed. Section 7. That should any section or provision of this ordinance or any portion thereof. any paragraph. sentence, or word be declared by a Court of compet.ent. jurisdiction to be invalid, such decision shall not affect t.he validity of t.he remainder hereof as a whole or part thereof other t.han the part declared to be invalid. Section 8 That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in . final reading on this the ___ regular sess i-on day of on second and . 1988. MAY 0 R ATTEST; City Clerk First Reading Second Reading - 2 - Ord. No. 52-88 ORDINANCE NO. 53-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 32, TOWNSHIP 46 SOUTH. RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI- PAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE NORTHWEST CORNER OF FEDERAL HIGHWAY AND THE C-15 CANAL; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;. PROVIDING AN EFFECTIVE DATE. WHEREAS. A&R Larson. Inc.. a Florida Corporation, is the fee-simple owner of the property hereinafter described; and, WHEREAS, Ro~er G. Saberson. as duly authorized for A&R Larson. Inc.. a Florida Corporal.inn. has requested petition to have the property annexed into the municipal of the City of Delray Beach; and. Agent. by his limits WHEREAS. the subject property hereinafter described is now contiguous to the corporate limits of the City of Delray Beach. thus making said petition for annexation effective at this t.ime; and, WHEREAS. the designation of a zoning classification is part of the annexation proceeding. and provisions of City Code Section 30-23 have been followed in establishing the proposed zoning designation; and. WHEREAS, t.he C1 t.y (,f fJe 1 ray 8e"ch has heret,ofore been authorized to annexands in accordance with Section 171,044 of the Florida Stat~tes NOW, THEREFORE, BE IT ORfJAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS; SeclimLl. That the CH.v Cmmci I Beach, Palm Beach Count.y. Florida. hereby the following described land located in Florida. whicb 1ieo' cont.j,gllouS t.o p,a j d Ci t.y of the City of Delray annexes to said City Palm Beach County, t,o-wi t; That part of the Nortbeast Quarter (NE 1/41 of the Nortbeae,t. OUArt.er iNE 1/4) of t.he Northeast Quarter (NE 1/41 lying West of the right-of-way of State Ro~d No. 5 (U.S. Higbway No. 11. leSe, :,he Nort.rl 400 feet and less the South 2~ feAt. Spctton 32. Township 46 Sout.h, Range 43 Eas t.. P,,] rn Reach County, - Florida; AND, That part of thA South 25 fAAt of the North- east Quarter (NE 1/4) of the Northeast Quarter (NE 1/41 of the Northeast Quarter (NE 1/41 of Section 32, Township 46 South, Range 43 East., lying Wee-.t. of tI. S. Highway No.1, sit.uat,~ ill Palm Reach County, Florida. ~- The subject property is located at the northwest corner of Federal Highway and the C-15 Canal. The above-described acre parcel of land, parcel cont.ain.~', more or le~,.=', .:-J 0.57 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 ie, hereby declared t,o be "ithin the corporate limits of the Ci t>y of Delray Beach, Florida. SP.r:tioIL.1L.. That, Section 30-23 of t.h~ Zoning Code has been fo110"ed in the establishment of a zconing classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District GC (G..neral Commercial) as defined by existing ordinances of the City of Delray Beach. Florida. ,",eation L That the land her..in-"bove described shedl immediately become subject to all of the fr-"nchises, priVileges, immunities. debts. Obligations. liabilities. ordinances and laws t.o "hich lands in the City of Delray Heewh are no" or may be subjected and persons residing thereon shall be deemed citizens of the City of Delray Beach. Section 5. That this ar1D8xation of th.. ",ubiect. prr,per- ty, inCluding adJac8nt roads, alleys. cor th.. like. if any. shall not be deemed acceptance by the Cit.y of any maint.enance responsi- bility for such roads, alleys, or the lik8. unless other"is8 specifically init.iated by the City pursuant t.r, current. r8quire- ments and conditions. Section R.. That all ordinances or parts of ordinances in conflict herewith be. and the sam.. ar.. herehy repealed, Senti an 73 That should any ~~c~iGn or provision of this ordinance or anv portion thereof. any paragraph, sentence, or word be declared by a Court of compet..nt Jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a "hole or part t.hereof ot.her than the part. declared to be invalid. Section 8.. That this ordinance shall become effective immediately upon passage on second and final reading, fjnA] PASSED AND ADOPTED in reading on t.his t.he ___... r.eQ'1l1Flr day of f:',e.~,s ion on second and ________ 1888. MAYOR ATTEST; City Clerk F'i rs t. RAad i ng m_m. ::,e8ond Reading ____.__ - 2 - Ord. No. 53-88 CITY COMMISSION DOCUMENTATION --(2 1 {<f1'V;;1 ~,~ ~ TO: FROM: Ge~:1 Tko~i:anage' David J. Kovacs, Director of Planning and Zoning SUBJECT: MEETING OF MAY 24, 1988 P & Z RECOMMENDATION RE ANNEXATION OF PROPERTY WITHIN ENCLAVE NUMBER 55 DATE: May 18, 1988 ITEM BEFORE THE COMMISSION: Pursuant to recently approved procedures the .item before the Commission is the Planning and Zoning Board recommendation on a voluntary annexation petition which has been submitted for property owned by A&R Larson and for adjacent property both of which comprise the totality of Enclave 55. The attached Planning and Zoning Board staff report provides more background information on the request itself. PLANNING AND ZONING BOARD RECOMMENDATION: At the Board's public hearing there was public comment in objection to affixing initial City zoning of SC as requested in the voluntary petition presented by A&R Larson and as recommended by staff. The Board felt that GC zoning was preferable to an SC designation. The agent requested an extension and then, by letter, amended the petition to GC. The balance of the Enclave was recommended for GC zoning and there was no pUblic comment on that parcel. The Board has recommended that the property be annexed with GC zoning. RECOMMENDED ACTION: By motion, accept the Board's recommendation and direct that enacting ordinances be prepared and advertised for a public hearing at first reading. There will be two ordinances: one for the voluntary annexation and the other for the balance of the Enclave. Hearing date would be June 28, 1988. Attachment: - P & Z Staff Report REF:dk#20/a:CCLARSON z.~ f 2~ PLANNING B ZONING CITY OF OELRAY BOARD BEACH STAFF REPORT MEETING DATE: M~r lli . lQRR rrnntinued from April 18, 1988) AGENDA ITEM: IV. 1.. CONSIDERATION OF THE A&R LARSON ANNEXATION REQUEST WITH INITIAL CITY ZONING ITEM: OF SC SPECIAl..IZED COMMERCIAL. PROPERTY LOCATED ON THE WEST SIDE OF FEDERAL HIGHWAY NORTH OF THE C -15 CANAL. . . N , I '" oil" Al.[NU .. or:':'~ r ~~'.:,:"q . .' ..., .. I i:T" .. .. . __ .., I"' ~ - '" . -. " I .. - ~ 11(, c..N~" - - ~ '. / f~ l:-: ... r --'- . - - \\..~t};\J! I j/:,fj ~t,.'1 ~ AI I~- " ~ 'f,~jfg .0. , .. rv J 1~; 1 :. ;:: - ~ .rl~' ~.~. , .", (~~_..: .~r ,. _ '. 9;"" ~. -:-. - ., ~ .... I ~ GENERAL DATA: O.....ner. . . . . . . . . . . . . . . . . . . . . . . . . . . A&R Larson. Inc. Agent. . . . . . . . . . . . . . . . . . . . . . . . . . . Roger Saberson Location...... North.. t f . . . . . . . . . . . . . . . .. . es corner 0 Federal Highway and the C-15 Canal Property s~ze ................... .59 acres County Land Use Plan............Low-Medium Residential with Commercial potential City Land Use Plan............. . Commercial County Zoning...................CG (General Commercial) Adjacent Zoning...... ...-~....... .North and 'south of subject property is zoned County CG (General Commercial); east of subject property is zoned RM-IQ (Multiple Family Residential) and west is zoned SC (Specialized Commercial) EXisting Land Use....... ....... .Fruit and vegetable market Proposed Land Use..... ........,.Fruit and vegetable market Watet" Service.................. .Via a 2" water line extended in the past by the City of Delray Beach for sprinkler use Service....... ....... .... .Available pursuant to the development of the Lehman site ITEM: (ll H-i Sewer ORDINANCE NO. 54-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL RAY BEACH. FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THAT PART OF THE SOUTH 100 FEET OF THE NORTH 400 FEET OF LOT 8 LYING WEST OF U.S. HIGHWAY NO.1 AND EAST OF THE PLAT OF DEL-RATON PARK AS IN OFFICIAL RECORD BOOK 868. PAGE 803, PALM BEACH COUNTY. FLORIDA. WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE WEST SIDE OF U.S. HIGHWAY NO. 1. BETWEEN THE C-1E, CANAL AND], IN1:JELL BOULE- VARD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PRlJVID- ING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida passed the Delray Beach Enclave Act, Chapter 86-427. Laws of Florida. providing for the annexation of enclaves within the general boundari"s of the City of Delray Beach; and. City of elect.ors would be dum held elect.ion WHEREAS. pursuant to the Delray Beach Enclave Act, the Delray Beach called for a referendl1m of ~h0se qt]alifj~d wi t.hin t.he Ci t.y of Delray Beach and t.he enclaves t.hat ~ubject to annexation under the Act, with said referen- on November 4. 1986. in conjunction with a general for Palm Beach County. Florida; and, WHEREAS. the referendum held on Nnve~~r 4, approved by a single ma.tority vot.e of said O>la] ifjed and, 18R6. was e 1 pet,ol's; WHEREAS. trle Ci.t.y of Delray Rea,-,h has. prepared an Enclave Report outlining the City.s plan for implementation of the Delray Beach Enclave Act. which identifies sixt.v-five (651 enclaves eligible for annexation pursuant. to t.he Act; and. WHEREAS. the City of authorized to annex lands in Enclave Act.. Delray Beach [laS .heret.ofore accordanc~ wit,h the Delray b!?en Be;=jch NOW. THEREFORE, BE IT ORDAINED BY THE CrTY COUNCIL OF THE CITY OF DELRA Y BEACH. FLOR IDA, AP. FOLLOWS: Sect.iQrLL_ That. t.hA Cit.y (;Olln,-,1 1 Beach. Palm Beach County, Florida. hereby the fOllowing deE',cribed land locat,ed i 1-' Florida. whi<oh 1 ies cont.igllolls t.o sa i d Ci t.y of ~h~ Ci~y nf DeJrRv A(lrl~Xes ~o said ~i~y F';~Jlll R~a..:-,h Count.y, t.c, -;.;i t.: That part of the Sc)uth lfl(] fpAt. ~f ~h~ Nor~h 400 feet. of L.ot. R 1yi ng Wes,t. (,f ".... fii"I,wav No. 1 and East of the Plat of Del-Rat.on Park as in Official Record Boo}: 868. Pai?E': 80.3. Palm Beach County, Florida. ThA subject propArt.y is lo<oat.erl on t.he west. s ide of [). S. Highway No.1, bet.wAen t.he C- 15 Canal and Lindell Boulevard. The above des~ribed parcel ~ont.Rin~ ~ (l,O~ a~re parcel of land. mnr~ nr le~s 02' Sect.inn? That. t.he hound;.,)"ie". of r.he rit.y of Delray Beach, Florida. are herehy redefined to include therein the above-described tract of land and said land is hereby declared to be wi thin the corporate limit.s of the ri t.y nf Delray Beach, Florida. Secti()QuJ_,- That. Sect.Jon 30-23 of t.he Zoning Code has been followed in the establishment of a znning classificat.ion in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District. G~ (General Commercial) as defined by existing nrdinances of the City of Delrav Beach, Florida. f,ectiQn.~~ That the land hereinabove described shall immediately become sllbject. t.o aJ I of t.he franchises. privileges. immunities. debt.s. nbligat.ions. liabilities. ordinances and laws to which land.s in t.he Ci t.y nf Delray Reach are now or may be subjected and p",rsons residing t.hereon shall be deemed citizens of the Cit.y of Delray Beach. 2~--:..Qt_tc~rL.__~:_. That. T,hi~; :;nrleX.~t.ton nf t,h~ ;:,ubject. proper- ty. inCluding adjacent roads. alJ",vs. or t.hA like. if any. shall not be deemed acceptance by the City of any maintenance responsi- bilit.y for such roadE.. alleYE.. or t.he lll;e. unless otherwise specifically initiated by t.he Cit.y pursuant t.o current require- ments and condit.ions. Se~.:tiQ.n_6_.._ in conflict. herewith That all c1rdinances be. ~nrl ~he SRrnA are or parts of ordinances hereby repealed. B~Q:tli~rL._I__ That..s hould any .~,ect,j on or provis ion of t.his ordinance or any port.inn therenf. any paragraph. sentence. or word be declared by a Court. nf compet.ent ~urisdictjon to be invalid, such decision ~hal] nnt. affect. the validit.y of the remainder hereof as ;., whole (>r part. t.herAof (>t.her t.han t.he part declared to be invalid. ~ction 8. That t.hi~ ordinancp ~hall become effective immediately upon paB~age on second and finaJ reading. PASSED AND ADOPTED in rAgular session final reading on this the _________ day of _~_ on second and 1988. MAY 0 R ATTEST: Ci t.y Clerk First Reading _____ Second Reading _ - 2 - Ord. No. 54-88 CITY COMMISSION DOCUMENTATION )'( P '/ ., ."..,-t' tf/ FROM: (S,ter O. Barry, City Manager IU.. ,,--~j \/') 'JG~- . J .v Kova-if, Director of Planning and Zoning TO: SUBJECT: MEETING OF MAY 24, 1988 P & Z RECOMMENDATION RE ANNEXATION OF PROPERTY SOUTH OF LINTON BOULEVARD, EAST OF S.W. 4TH AVENUE DATE: May 18, 1988 ITEM BEFORE THE COMMISSION: Pursuant to recently approved procedures the item before the Commission is the Planning and Zoning Board recommendation on the voluntary annexation petition which has been submitted for property south of Linton Boulevard, east of S.W. 4th Avenue. The property is owned by Dan Burns. The attached Planning and Zoning Board staff report provides more background information on the request itself. PLANNING AND ZONING BOARD RECOMMENDATION: At the Board's public hearing there was no public comment other than from the owner's agent who concurred with the findings and acknowledgements detailed in the staff report. The Board has recommended that the property be annexed with GC zoning as initially requested by the applicant. RECOMMENDED ACTION: By motion, accept the Board's recommendation and direct that an enacting ordinance be prepared and advertised for a pUblic hearing at first reading. Hearing date would be June 28, 1988. Attachment: - P & Z Staff Report REF:DK#20/A:ccburns ~1 FJLANNING CITY OF 8. BOARD BERCH JNING OELRRY - -- STAFF REPORT - -- MEETING Of1TE: May 16, 1988 AGENDA ITEM: III. C. ITEM: CONSIDERATION OF ANNEXATION AND INITIAL ZONING OF GC FOR D.E.B. PETCO (BURNS) ON THE EAST SIDE OF LINTON BLVD., BETWEEN S.W. 4TH AVE. AND DIXIE HWY. AVERS NATIONAL A-2 9<- 51; p- ',2 ..-/ ..-/ ,..... - ~ >> -. OL:' HA FAClllT'I II' I 0<.0 118011 OF'c:'rcc & SANk rACll IT y 1: e... "'2 ...~G ~, F v, . .........;t' :J ~..:. , ~ III .; GENERAL .. ~ . ."--... DRTR: Owner... -...................... .O...n Burns "Qent. . . . . . . . . . . . . . . . . . . . . . . . . . . Lindsey A. W.l tel' KildAY, AssociAtes LocAt.ion....................... .Southern corner of Linton BoulevArd .nd S.w. 4th Avenue between S.W. 4th AYenue And r.E.C. R.ailroAd Descript.ion.................... .Lots 1 throuqh 12, inclusive. Block :2 and Lots 1 th"rouQh S. inclusive. Block J of West El Be Property Size................... 5.12 .cns 1149.161.2 sq. ft. I County LAnd Use Pl.n........... .M-MH (Medium to MediUM Hiqh Residenthl' Cit.y Land Use Plan..............COfM'If':rci.l Count.y Zoninq.......... ..... ... .IL ILiqht. Indust.ri.l) Proposed City Zoninq.......... ..CC tCener.l Commerci.ll Existinq l.4ind Use.............. .V.c.nt Proposed Land Use... ........... .An .uto service st.tion .nd t.wo f..t..food rest.ur.nt loc.ted on 'i.12 acres .....t.er Service................... ExistinQ 8" "".t.er It\&in on e....t side of S.W. 4t.h Avenue Se~r Service....... .... .......,Selol'er ~ust. be obt..ined by inst..ll.t.ion of cent.r.l lift. st..t.ion and force ~in extension approximat.ely 1000 ft.. t.o It\&nhole .t. t.he northe.st. corner of L.ver's Internat.ion.l Pl.z. or t.o exi.t.Inq selol'Cr in L.ver's Re.ident.i.l Development t.o t.he sout.h. via ut.ility e.SeMents over private propert.y. IObt...ininlil t.hese e.sement.& i. t.he responsibilit.y of t.he developer. I ITEM: ::r:rr L WI::: . ORDINANCE NO. 55-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 29. TOWNSHIP 46 SOUTH. RANGE 43 EAST. PALM BEACH COUNTY. FLORIDA. WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI- PAL LIMITS OF SAID CITY: SAID LAND IS LOCATED AT THE SOUTHEAST CORNER OF LINTON BOULEVARD AND S.W. 4TH AVENUE. BETWEEN S.W. 4TH AVENUE AND THE F.E.C. RAILROAD: REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND: PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND: PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVID- ING A GENERAL REPEALER CLAUSE: PROVIDING A SAVING CLAUSE: PROVIDING AN EFFECTIVE DATE WHEREAS. Dan Burns Oldsmobile. Inc.. a De1awilre Corpo- ration is the fee-simple owner of the property hereinafter described: and, WHEREA~:',. Kiernan .J. Kilday, Kilday &. A5sociate~" FICO duly authorized Agent for Dan Burns Oldsmobile. Inc.. a Delaware Corporat.ion. hils reque!".t.ed by hi!". pet.i t,ion to have the propert.y annexed into t.he municipal limits of t.he Cit.y of Delray Beach: and. WHEREAS. the suhject. propert.y hereinaft.er de~crihed is now contiguous t.o the c()rporat.e limit.s of t.he Cit.y of Delray Beach. thus making said petition for annexation effect.ive at this time: and. WHEREAS. t.he designat.ion of a z()ning clas~ificat.ion is part of the annexation proceeding. and provisiclDS of City Cnde Section 30-23 have heen followed in est.ablishing t.he proposed zoning designation: and. WHEREAS. the Cit.y of Delray Beach has heret.ofore been authorized to annex lands in accordance wit,h Sect.ion 171,044 of the Florida Statutes. NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS: S~r.ti()n 1. That. t,he Ci t.y Coune].1 Beach. Palm Beach County. Florida. hereby t.he following described land located in Florida. which lies contigllous to said City of the City of Del ray annexes to s~id City Palm Beach County. t.n-wi t.: :ehJ<GEL. N.Q..___.L. A parcel of land South. Range 43 Florida. more follows: in Section 29. TownAhip 46 East.. Palm Beach County. part.icularly cleseribed a~ Beginning at the intersection nf the Easterly line of Lot. 1. Block 3. WEST EL BE. De I PlY Beach. Florida. according t~ t.he Plat thereof recorded in Plat Book 15. Page 22. of the Pllblic Record:'?, of P~lrn BeAch r,(il~nty. Florida. with a line parallel to and five (5) feet. ~=)ollt.herLY from. me,~::.nrect -3t. rjght. Bng]ef; t.e, '<7 the North line of said Lot 1; then~e Westerly along said line parallel to and five (5) feet South of the North line of Lot 1, Block 3, and parallel to and five (5) feet South of the North line of Lots 10 to 16. inclusive, Block 2, said line being also parallel to and 30 feet South of the North line of said Section 29. a distance of 550.15 feet more or less, to a point in the West line of said Lot 10, Block 2; thence Southerly along the West line of said Lot 10 and along the West line of Lot 23 of said Block 2, and its Southerly extension. a distance of 248.02 feet. more or less to a point in the center line of the right-of-way of Ridge Street as shown on said Plat; thence Easterly along the said center line of the right-of-way of Rirlge Street. a distance of 372.40 feet. more or less. to the intersection of the cen~er ]j.llP of the right-ai-way of Swinton AVenLJP. R~ shown on said Plat: then~p Snl]~herly alnTI~ t.h~ center line of the right-of-way of said Swinton Avenue & di~tance of 63.C) fe~t tl-\ a point in the Westerly extension of the S,)llth line of Lot 6. of said Rlock 3; thence Easterly along said Westerly extension and along the South line of said Lot 6. Block 3. ~ distance of 129.67 feet. more or les5. to the SOLltheaBt corner of said Lot 6; thence Northerly along the Easterly line of Lots 6. 5. 4. 3. 2 and 1 of said Block 3. it being also the Westerly right-of-way of the Florida East. Coast Railway. a distance of 313.18 feet. more or less. to the Point of Be~innjn~: LESS the North 23 fpet, as dp.s(~rj hed :i n ()ff 'j (-, j a 1 Record Book 1676. Page R31. of t.l1e Publt,~ KPrords of Palm Beacl, COllnt.y. Florirli'l. AND PARrEL N(l0.-2_~ Begin at tl18 intArsertion of thA 0Ant8rlines of Ridge St.reet. and Swi nt.nn AVAI"illA. ap. 5 hown on the Plat of WEST EL RE. rAcorrl8rl in Plat Book 1:>, Page 22. Palm RA''''11 COllntv Public Records; t,hence We~~t.~r 1 v .~ 'i C)ng t,he centerline nf Rid~p Strp~t. ~ dj~tance of 371.31 feet. more or le~~. t,(-j ~h~ Northerly extension of the Wep,t,1 j nFe (;f I,e,t, 10. Bloc~k 4. as shown on sairl P1Rt nf WFST EL. BE: thence Southprly 810ng said lin~ R rlistRnce of 62 4~~ feet,. t.() 8 P(,j nt i Ii t,hp west,erly ext,ens i cY(j of t,h~ Nort,l\ 11 YIP nf l..-jt. 7. Block 3, WEST EL Eft":. R_fnrement.jJHJed; t,hence Easterly along said ]j,ne. ~ distance of 359.22 feet. more or les~. tel a point in the aforedescrihed centerline (If SwinT.(ln AVenlJe: thence Northerly Rlnng ~airl ~pn~prline ~ distance of 62.R7 feet. to thp Point of Beginn ing. The sajd ahove ~wo parcels of l~nrl mRY also be descri bed Ft~., fn 11 'JW~,; - 2 - Ord. No. 55-88 A parcel of land Sout.h. Range 43 Florida. more follows: in Section 29, TownshiD 46 East, Palm Beach County, particularly described as Beginning at t.he int.er",ection of t.}.,,,, FC''lst.erly 1in", of Lot. 1. Block 3, WEST EL BE, Delray Beach, Florida, according to the Plat thereof. recorded in Plat Book 15, Page 22. Public Records of Palm Beach County. Florida. with a line parallel to and 28.0 feet Southerly from, measured at right. angles t,o the North line of said Lot 1: thence Wes~prJy along said line parallel to and 28.0 feet South of the North line of Lot 1, Blook 3, and parallel to and 28.0 feet South of the North line of Lots 10 to 16, inclusive. Block 2, said line being also par8]1~1 t,o and f;~,() feet" Snilth of the North line of said Section ~~9. and said line 03150 being t,he SOlJt,[\ right-af-way line Gf Snl)~hwes~ 1~'tti ?~re~t. ~ di;:"t,anCA nf f144, 19 feE:t. t.o i-1 pi->} nt, Ln t,he West. Ii ne of sa irl Lot. 10. Rh'd: 2: t.hence Southerly along the West line of said Lot 10 and along the West, line of Lot 23. of said Block 2, and its Southerly extension and 810ng T.fle We;:.t, line of Lot. lu, Bl(:,ci-::' 4, ,.., distance of 287.42 feet to an intersect,i(:ID with t.he West.erly f?xt,ension of t,h~ f'\J1.l.t,h .ii.ne of Lot 6 of said BIclck 3: thence EasT.prJy along said Westerly extension through L(J~8 111 through 15, inclusive, of said Block 4 and along the said South line of Lot 6_ Bjork ~. a distance of 488.51 feet to tile SOl)~h8~~t corner of said IJot 6: thence NCJrthprJy alc'ng the Easterly line of Lots 6. 5. 4. 3. 2. and 1 of said Block 3. it being also the Westerly right-of-w~y line of the Florida hast. Coast Railway, ~ distance of 289.9b fe~t. tCI the Point of Beginning. AND E:ARGEL NO. :1 A parcel of land South, Range 43 Florida, more follow::', ; in Section 29. Townshjp 46 East.. Palm Beaoh C01lnt.y, partjcularly described as Beginning ~t ~he Northw~st ~nrnel' (jf L.0t 1. Block 2. as shown on t.he },l.ot. ,:,t WE:".T EL BE. recorded in ?lat Book 15. Page ~~. nf tIle Public Records of Palm Rea~h CC1llnty, flclrirlR; thence Easterly along the North Ill'le of sairl Block 2. a distance of lbO.OO f~et.. t"-J R Po int, of Bf?gj nning. cont.inu~ 11;,3 p, t."::'r 1 y ::1 [ (In!! the North line of t.he said Bloc~~, t.o the Northeast corner of r,nt 9. Blclck 2. aforeRaid: thence Southerly paraJlpl to thp West line of said Block 2. a distance of 253.03 feA~. more or le~~. to a point in the cen~er line of the right.-of-WRY for Ridg~ Street. as shclwn on ~h~ aforementtclnert Plat of WEST EL BE: thence West.erlv along sairl - 3 - Ord. No. 55-88 center line. a distance of 300.00 feet, to a point in the Southerly extension of the Eastern line of Lot 30 of said Block 2: thence Northerly from said point a distance of 253.03 feet alon~ the Eastern line of said Lot 30. Block 2. and thp said Southerly extension thereof and the Easterly line of Lot 3. said Block 2. which llnps are parallel to t,he Wf;st.ern linp of ~_;,sld Bl(;(--I.:: 2. t,o t,h~ Point of Beginning: LESS the right-of-way for Southwest 12th Street: sajrl l~nd si~uaterl in Palm Beach County, FJoriii~. AND f.ABCEL NO_l~ A parcel of land fJouth. R&n-!?E' 4:3 Florida, more: follows: in Section ~~~, 1'(lWnship 46 East. Palm B~ach County, p~rticl)larly d~~cribed as Begjnning at the Nort.hwAs1 rCJrnpr of Lot 1. Block 2, as shown on thp Plat of WEST EL BE; thence Easterly. along thp North line of said Block 2. a dt~tance of lRO.OO feet to the Northl?AS t. corner of Lot.;' . B1 nck 2. aforesaid: thence SCl1Jther]y. parallel t.o the West lin~ of sairt Block 2. b djstance of 253,03 f~et,. more or lr=a.~~,. t.o;.; point in t,he centerline of the right-ot-way for Ridge Stree~ ~s shown Gn th~ afOTAment,inned Plat of WEET EL BE: t.hAn(-'A WA..::.,t.Arl:t~ ,slc;ng s8id cent.erlin~, a di:="t,:-1nce of lhO (l(J fPAt. t,n R point in t,he S(nlt.herl:.-' ,;:.yt,pn~,i'-jn nf sai.d We:?,t. line of Rinck 2: thencp Nnrthpr]y A distance of 253.03 fept.. t.o t.r,e Poi nt. nf Be@'inning; LESS <i_nd ";"; ,t. jn(":]udln~' t,h.=- r1~ht,-c)f-way for Southwest 12th Street. The subject propprt,v i ~', 'j,--."t,.:..d sout,heast. corner ,)f Li nt.on H,-,,)) ~\:.<:;rd 4th Avenue. hetween S.W 4th Avenue F. E. C. Railro...d. nt, .snd ...nd t.he f.. W. t.he The above-described p~rcpls ~clntA'n a 5.72 acre parcel of land. more Gr 1e~~ SActtnn _2_L Th?it. t.lv:~ lX;lH1d,sr]p:~', (}f the City of Delray Beach. Florida. are hereby redefined to include therein the above-described tract of land ...nd s...id J...nd Is hereby declared to be within the corporate limIts of the City of Delray Beach. Florida. f&r;:tlo.n ,,:i, T'hF.lt, f.Act.i,--,n :H)-)~ i~:;f t,he Zonlng r.orie haf; been fol Jo'Wed in t,hA e~;t,,~h11f;hm8rjt. elf Pi 7.llni ng c1.a~sifl~ation in this ordinance and the tr...ct of lAnd hprelnabove described is hereby declared to be in Zoning Djs~ri~t. ~~ (General Commercial) as defined by exis~ing ordinances of ~hA '~ity of DelrRY Beach. Florida. 5.e.(~_tj()n_4. That. t,hA l,~nd hAr''=-_1nahnve describeri ~,h811 immediately beC(lrne ~;lJh-'I~~t. t,e; .~ll -,f "t,}";..=- franc}-dses. privil~l?e,.::;. immunitie.~;, debt.;:-,. ohljg"t.ionf-;, l:iF1r,iJiti~.c-.. (":.rriinances ann laws to whic.h lands in th~ Cit.~y~ of TipI!'':'v 8F.",----h art=! now or may be subject,ed and p~rson~, rp'::-,jding t,hpr~("n---, sh:-::i 1] h~ dpemeri citizens of the City of DAlr...v BAa~h - 4 - Ord. No. 55-88 , Sp-ntion..L That this annexation of the .c;ubject. proper- ty, including adjacent roads. alleys. or the like. if any. shall not be deemed acceptance by the City of any maintenance responsi- bility for such roads. alleys. or the like. unless otherwise specifically initiated by the City pursuant. t.o current. require- ments and conditions. Section R. That all ordinances or parts of ordinances in conflict herewith be. and the same are hereby repealed. Sention 7. That should any sect.ion or provision of this ordinance or any portion thereof. any paragraph. sentence. or word be declared by a Court of competent. jurisdict.ion t.o be invalid. such decision shall not affect t.he validity of the remClinder hereof as a whole or part thereof nt.her than t.r,,'. part declared to be invalid. Ser.t:ion J:LL That this ordinar]f~e .~hQ.11 become effect,ive immedibtely upon passage on second and final ,rea.ding. PASSED AND ADOPTED in final reading on t.his the __~___ regul.3.r ~jes!?,ion day of on ,second and 1888. MAY () R ATTE:3T: City Clerk First Reading _____ Second Reading ____ - 5 - Ord. No. 55-88 ORDINANCE NO. 56-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRA Y BEACH, FLORIDA, PURSUANT TO THE AUTHORITY OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, AND CHAPTER 166, FLORIDA STATUTES, AMENDING THE CITY CHAR- TER TO REFLECT AND CHANGE THE NAME DESIGNATION OF THE LEGISLATIVE BODY OF THE CITY FROM CITY COUNCIL TO CITY COMMISSION AND OF CITY COUNCIL MEMBERS TO CITY COMMIS- SIONERS: PROVIDING A SAVING CLAUSE: PROVIDING AN EFFEC- TIVE DATE. WHEREAS, the City Council of the City of Delray Beach, Florida, deems it to be in the best interests of the City, and in recognition of the more gender neutral designations accomplished thereby, to change the name designation of the legislative body of the City of Delray Beach, Florida, from City Council to City Commission and the individual City Council members to City Commissioners: and, WHEREAS, the City Council deems it to be appropriate to make this change in conjunction with the adoption of the recodification of the Code of Ordinances of the City of Delray Beach, Florida, on July I, 1988: and, WHEREAS, the City Council is empowered and authorized to make such change without the necessity of a referendum pursuant to the authority set forth in the City Charter of the City of Delray Be!).ch, Florida, and the "Municipal Home Rule Powers Act", as amended, and as set forth in Florida Statutes, Chapter 166. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 'I !i '1 Section 1. That the City Charter of the City of Delray Beach, Florida, be, and the same is hereby, amended to delete throughout said City Charter all references to the terms "City Council" or "Council" and insert in their place the terms "City Commission" and "Commission", appropriately: and to delete throughout said City Charter all references to the term "City Council member(s)" or "Council member(s)" and to insert in their place the terms "City Commissioner(s)" or "Commissioner(s)" , appropriately. Section 2. That henceforth the name of the legislative body of the City of Delray Beach, Florida, shall be City Commission, and the title of the individual legisla- tive body members shall be City Commissioner(s). Section 3. 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 4. That this ordinance shall become effective on July 1, 1988. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1988. MAYOR ATTEST: City Clerk First Reading Second Reading ;t/ CITY COMMISSION DOCUMENTATION TO: WALTER O. BARRY, CITY MANAGER Q~j.\!"UQc,\- FROM : DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: PUBLIC HEARING: PLAN AMENDMENT 88-1 RE ADOPTION OF THE C.R.A. PLAN AND LAND USE MAP ORDINANCE 57-88 AGENDA ITEM REGULAR MEETING OF JUNE 28, 1988 ACTION REQUESTED OF THE COMMISSION: Approval on first reading of Ordinance will adopt the C.R.A. Plan and Land exceptions, and officially make it a Comprehensive Plan and Land Use Map. 57-88. 111.6 action Use Map, with certain part of the City's BACKGROUND: The amendment to the City's Comprehensive Plan involves incorporation of the CRA's Community Redevelopment Plan, incLuding its Land Use Map. The CRA land use designations will supersede present (City) Land Use Map designations except as previously exempted pursuant to the Planning and Zoning Board's recommendations. This topic was subject to public hearing before the Planning and Zoning Board on January 25, 1988. A public hearing was held by the City Commission on the Board's recommendation. That hearing was held on February 9, 1988, and the proposed amendment was forward to D.C.A. (State Agency) for review pursuant to statute. We were notified that the review was completed through D.C.A. 's correspondence of May 26, 1988. A second public hearing (before the City Commission) is now scheduled concurrent with first reading of the enacting ordinance (57-88). ~. ~q To: Walter o. Barry, City Manager Re: Public Housing: Plan Amendment 88-1 Re Adoption of the C.R.A. Plan and Land Use Map - Ordinance 57-88 Agenda Item Regular Meeting of June 28, 1988 Page 2 The D.C.A. review provided the following comments: D.C.A.: Noted that use of site #2 for the courthouse location would deplete the availability of tennis courts (for recreational purposes) without their replacement and that such an action is inconsistent with the 1979 Parks Element. This comment is now moot since the courthouse is located elsewhere. Treasure Coast Regional Commission: noted work which they are pursuing regarding impacts of downtown redevelopment. M.P.O.: suggested that a growth management ordinance similar to the County's traffic performance ordinance be considered to insure road capacities are available to accommodate the slightly increased intensity suggested by the CRA Plan. Palm Beach County: no substantial comments other than no apparent conflicts with the County plan. Department of Transportation: suggested elimination of parking from one side of the one-way pair system. Suggested that improvements to Lake Ida Road (4th Street) be coordinated with the County and included in the Traffic Improvement Program (TIP). Additional information on details the documentation provided for February 9, 1988. of the amendment are found the Commission's meeting in of Assessment of Review Comments: It is apparent that review agencies have done their work in reviewing the proposed amendment. None of the comments affect proceeding with adoption of the amendment as it stands. RECOMMENDED ACTION: Approval of Ordinance 57-88 on first reading. Attachments: Ordinance 57-88 prepared by the City Clerk REF/DJK#19/A:CCCRAPL.TXT ',]-- ii " 'I I uRDINANCE NO. ~7-~H AN ORDINANCE OF THE CITY COUNCIL uF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING THE COMMUNITY REDEVELOPMENT PLAN AS AN AMENDMENT TO THE COMPREHENSIVE PLAN OF THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING FOR THE COMMUN ITY REDEVELOPMENT PLAN LANtl liSE MAP TO SUPERSEDE THE LAND USE MAP, DELRAY BEACH, FLORIDA, AS CURRENTLY CONTAINED WITHIN THE COMPREHENSIVE PLAN, FOR THE AREA ENCOMPASSED BY THE COMMUNITY REDEVELOPMENT PLAN, WITH CERTAIN EXCEPT IONS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE WHEREAS, The City of Delray Beach, process of updating its Comprehensive Plan Stat,e law; and, F]nrid'3. is in in uornpl. iar)c:e the with WHEREAS, the Community Redevelnpmen~ Plan developed subsequent to the formattnn. in 1985, of Beach Com~Jnity Redevelopment Agency, and Ae~s forth plan fGr the redevelopment (If jt~ targpt. arAa: Hncl. (CRP) wac., t.he Delray ,3, ~', traT.Ap-i 0. WHEREAS, the Communl~y RedevBJnpmen~ Plan has hereto- fore been adopted by the Ci~y Con~ission nf ~he City of Delrav Beach, Florida, by Resollltj.on No, 48-86. passed and adopted nn Sept.ember 9, 1.986; and, WHERF,A~l, t.h..=: aforp';:',,3 i cJ COTliTliIJf) i t.y f~pdeve] (Jprnp.nt. Pl ~n h,,,:::; been )~Av1ewed by the Plar\ning and Z(lnin~ Hoard Rnd the City CClmrni;=".:;;'.i_on of T,he City of [JP..lt'8Y RpF-J.ch. Fl()rid~. J.n puhll.(-: tl~ari(lqs, Bnd ypvj.8wert hy ~hp ~ta~p land plannin~ Agpn~y: NOW, THB~RB;FCIRF. RR: 1 T iiRDP, 1 tin; POY THB: i: ITV (~OmH: 1 r. \ iF THF. CiTY CJF DFLRAY HRArH. Fl,(Jj-\'TDA, A:~~, ~'()i,i,(H'.I~:C,: ::'~nti..i)n...l, Trl.at, i,hp. t,eJ:'t':'lt.,-,l'V invol'led i:=-; rill i.hopt.) Jand cont.ainecl wit.hin t,he bnlJndariAf:; of t,he C\)rrmnrn1.T,v tl'Ar!F'.Vt--.] (11'>-- ment Area as set forth wjthin t.he Corriml,ll)j~y Re(lAvA10pn)An~ ~JRn, :5.eGt~.i.QrL_2_1 ThAt the CornrrJllni t.v RAd~vel oprnAnt, PlAn, tn(:liJdin~ the CRP fllture land u~p map anrlJand \188 rlesignations, Fl.!::', (:(iYlt.C\1ned in Exhi hit. "A" at,t8(:hed hereto and mAde a pari. hereof. is hereby adopted as an am~rldmen~ tn the Comprehenstvp Plan of the City of Delray Reach, FlorIda ~'ect,iQIL.3.,. That. the Planni nil: n:i rector of ~he Clty of Delray Beach shall) l1pon the effectivA date of thi~ ordinance. change the Land Use Plan of Delray Reach, Florida. ~o conform with the provisions hereof. f1enJ:,i,(1..rL...4..... That a 1.1 (Jl'dinQ.:nc~~', OJ' part.s of ord ~1.n:'1nC~p'7" in confJ.ict herewith be, and ~he samp are hereby repealed, :3_P:.~J!.t().IL.ti..... That. :;:', hOl)] rl 8ny ;::',F-;r:i:, ion nr provt..:.'. i on (If thi.s (Irdj.fI811ce or any porttnn t.herenf. any pAr8~rRph. sentence. (Jr word he rlfjclFlred by a C:ourt, of C~()mpp.t.pnt jllrl:;:',dic't,ic1n tr') hE': j,(lvalid, s1Jch decisjon shall. not ~ffe0.~ the valtdit,y of t.he r8mai.nder hereof as a whole or part. t.~lere(lf other t,t')~n ~he part, declared to be invali.rl. Se.ct.JO,n..6... TrJA T., t,rJ i. :~; ord i '(I,':j n(-:A s h::1.11 hAc~CJrne Af f pct, i. Vf~ :i.rnrnediat.el.y lJpOn pa;::;;:::<9,ge on ;:;ec:clnd and tl."!lal reAdtrlg. ;tCj --l; 'I II , fi_ n,~-1 J PASSED AND ADOPTED in re,3ding on thi'3 t,he .____..____ regll1,~~r :=;eE:.s ion (1,3Y of _~__m_____.__~~_ on f;pr:nnd And .198::; , I"J A Y CJ h ATTEST: City Clerk Firc.,t, ReAding ____.m.. ~::econd Read i ng I I I i il II II i II - 2 - Ord. No. 57-88 .-, .J EXHIBIT "A" The Ci ty of DELRAY BEACH COMMUNITY REDEVELOPMEN PLAN . , , The City of Delray Beach Community Redevelopment Agency The Ci ty of DELRAY BEACH COMMUNITY REDEVELOPMEN PLAN prepared by: Wallace Roberts & Todd, Inc. Economics . Research Associates Walter H. Keller Jr., Inc. Casella & Associates The City of DeJray Beach Community Redevelopment Agency ~ CITY COMMiSSION DOCUMENTATION FROM: WALTER O. BARRY, CITY MANAGER CJrvjJ,t~ DAVID~. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING TO: SUBJECT: PUBLIC HEARING: PLAN AMENDMENT 88-1 RE MAP AMENDMENT FROM SF TO RM ORDINANCE 58-88 AGENDA ITEM REGULAR MEETING OF JUNE 28, 1988 ACTION REQUESTED OF THE COMMISSION: Approval on first reading of Ordinance 58-88. Direction to advertise a pUblic hearing for rezoning approximately 25 acres from R-1A to RM to accommodate the proposed Auburn Trace Housing Development. BACKGROUND: This amendment to the City's Comprehensive Plan involves a land use designation change on 4.7 acres from SF to RM. This designation and the current designation of RM on adjacent property is to supersede all previous land use designations (including those from the CRA Plan) on such property. This topic was sUbject to public hearing before the Planning and Zoning Board on January 25, 1988. The amendment was initially proposed to place an RH designation on thirty-eight acres of land which would be affected by the proposed housing project. The Board recommended that only the SF designations be changed and then only to the level of RM. Thus, direction was provided that a base of seven (7) units per acre would be established for the project and any increase in density would need to meet performance criteria associated with infrastructure improvements. A public hearing was held by the City Commission on the Board's i 30 To: Walter o. Barry, City Manager Re: Public Hearing: Plan Amendment 88-1 Re Map Amendment From SF to RM - Ordinance 58-88 Agenda Item Regular Meeting of June 28, 1988 Page 2 recommendation. That hearing was held the proposed amendment was forwarded to review pursuant to statute. on February 9, 1988, and D.C.A. (State Agency) for We were notified that the review was complete through D.C.A.'s correspondence of May 26, 1988. A second public hearing (before the City Commission) is now scheduled concurrent with first reading of the enacting ordinance (58-88). The D.C.A. review provided the following comments: D.C.A.: no specific comments. Treasure Coast Reqional Commission: noted the amendment provided that drainage and street improvements were to be in place concurrent with development. They suggested that County traffic performance standards should be followed. M.P.O.: supported the (City) staff position that drainage and street improvements should be provided concurrent with development. Suggested that the City consider adoption of measures such as the County's traffic performance standards. Palm Beach County: no substantial comments other than no apparent conflicts with the County plan. Department of Transportation: concurred with the traffic assessment provided by the City staff. Stated that improvements would be necessary at S.W. 10th Street and S.W. 14th Avenue. Suggested that such improvements be coordinated with Palm Beach County's five-year road plan. In addition they stated, "City approval of the 368 unit project can assure these improvements through site and off-site improvements and developer contributions to offset traffic impact. The more uncertain, fewer-unit project may. lessen the likelihood of these improvements occurring. City rejection of the proposed change will leave the area designated primarily S.F. and its development and redevelopment at those densities will lessen the magnitude of traffic improvement impacts necessary to maintain a To: Walter o. Barry, City Manager Re: Public Hearing: Plan Amendment 88-1 Re Map Amendment From SF to RM - Ordinance 58-88 Agenda Item Regular Meeting of June 28, 1988 Page 3 satisfactory level of service. The surrounding area is currently predominately S.F., which may be the realistic market ensuring development compatible with the neighborhood." Additional information on details the documentation provided for February 9, 1988. of the amendment are found the Commission's meeting in of Assessment of Review Comments: It is apparent that review agencies have done their work in reviewing the proposed amendment. None of the comments affect proceeding with adoption of the amendment as it stands. It is appropriate to proceed with the proposed amendment; thus, obtaining a uniform land use designation in this part of the community. Additional Action/Direction: When the item was before the Commission in February, action on an accompanying rezoning action was deferred. It is now appropriate to take that item up. The rezoning is for approximately 25 of the 38 acres which are to be a part of the proposed Auburn Trace Housing Development. Assuming that Ordinance 58-66 is approved on first reading, it is appropriate that direction be given to formally consider the previous recommendation of the Planning and Zoning Board regarding rezoning. Under a uniform RM zoning and with the City still being the property owner, a different project may be built-out pursuant to either the RM or R-I-A tlistrict regulations. RECOMMENDED ACTION: Approval of Ordinance direction to proceed ordinance for public 58-88 on first reading; and, by with advertising the accompanying hearing on July 12, 1988. motion: rezoning Attachment: Ordinance 58-88 by the City Clerk REF/DJK#19/A:CCABLUP.TXT ORDINANCE NO. 58-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA, CHANGING THE CITY.S LAND USE PLAN DESIGNATION IN THE COMPREHEN- SIVE PLAN FOR A PARCEL OF LANI! LYING AND REING IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH. PALM BEACH COUNTY, FLORIDA, LOCATED ON THE WEST SIDE OF S.W. 10TH AVENUE, BETWEEN S.W. 6TH STREET ANI! S.W. 7TH STREET, IF THE:=',E ROAD:=', ARE EXTENDED WESTWARD, FROM SF (SINGLE FAtlILY) TO RM (RESIDENTIAL MEDIUM TO MEDIUM HIGH); AMENDING THE LAND IJSE PLAN; PROV IDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA, AS FuLLOWS: s!:'Q.ti.on 1. That. t.he legal deC',cription of t.he subject property is as follows: The East One-Half 26. Subdivision South. Range 43 Florida, LESS the of the West One-Half of Lot of Section 20. 110wnship 46 East, Palm Beach County, following parcel of Land: Using a bearing reference from Plat of ROSEMONT GARDENS UNIT B, showing S.W. 8th Avenue to be South 00 Degrees, 31 Minut.es. 00 Seconds West. then running from t.he intersec- tion of S. W. 8th Avenue ;,nd ~3. W. 4th ~~t,l'eet in direction South 89 Degrees. 58 Minutes. 45 Seconds West for 687.00 feet to a point.. thence running South 0(1 Degrees. 17 Minute:'" 35 Seconds West for 665.68 feet to the Point of Beginning on the Nor~hea8t corner nf the West One-Half of Lo~ 26. Section 20. Township 46 South, Range 43 East, as recorded in PJ;,t Book 1, Page 4. of the Public Records of P;,lm Beach Count.y, Florida; thence nm SC>llt.h 00 Degrees, 17 Minutes, 35 Seconds \ves t.. fl65. 63 feet; thence run South 89 Degrees, 29 Min- ute.s, 4f> Se()onds We,.,t. 67. 47 feet; thence rnn North 47 Degrees, 44 Minutes, 45 Seconds EaE,t. 33.28 feet.; tohence nm Nor-t.h 05 De- grees.59 Minutes, 45 ?econds R;,:"t" 180.57 feet,; t.hence run Nort.h 00 Degree"" 17 Min- ntes. 35 Seconds East. 464.15 feet to a point on the North line of the West. One-Half of ~'.a i d riot, ~~6; t.henc.e run North e;J Uegrees. 44 MinlJtesJ 23 SAonnds FR8~. 25. [)f] f~et to the Point of Beginning, P'lblic Re(,orrls of P;,lm Bea()h County. Florid;,. Th~ ahovR described par~Al CGn~Rtr'Js a 4.1R ~c.re parcel of lanrl. mor~ (lr lASS. S~~.t~i.oxL___.2".._ tion of the subject is hereby changed to High) . That. t.he [,;md prope,..t,y in t.he RM (Residenttal [Jse Plan deE,igna- Comprehensive Plan Medium to Medium ~o ~3.~~-:tjJ~rL~3. ThF:l.t. t.he P]ann"!n_~ Dir'ect,(}t.. of t,hF! Cit.y (~)f Delra.y Beach ~~hal1. upon t,he effpctjvE': dat.P. of tbi~', ordinA,nc:p. ch.~_nge the Land (J~:p Plan of DelrP.i.v Ke.::tch, Flori.da.. t,o conform with t.he provi5ion.~, hereof. :2s,-~:J:,.iQIL!L_ That all ordinance", Ol' parts of ordinanc",c' in conflict herewith be. and the sam", are hereby repealed. S~f::.t_i_QIL.5.-L_ That shou.ld 8.n;; ::,ect,io(J or provjsion of thi c, ord inance (,r any portion thereof, any par-3.gr-3ph. sent.ence. 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 ot,her t.han the part declared to be invalid. iieQJ"..i9n..JL_ That this ordinance ",hall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in final reading on this the _____ regular ::58s.sion day of _.__________ on second and _____ 1988. MAYOR ATTEST: Cit.y Clerk Fir,,'t ReadIng ___ _ __ ~.:::',~c()nd R..::-:.::.d j ng ._____._u____ - 2 - Ord. No. 58-lI8 JRDINANCE NO. 59-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY AMENDING SECTION 30-1, "DEFINI- TIONS", BY AMENDING SUBSECTION 40, "FRONTAGE", TO ELIMINATE THE POSSIB!LITY THAT A PROPERTY LINE ADJACENT TO ".. PuBLIC STREET WHICH HAS A LIMITED ACCESS EASEMENT RUNNING ACROSS IT, WOULD BE CONSID- ERED FRONTAGE LINE OF THE LOT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PRO- VIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Chapter 30, "Zoning", Section 30-1, "Definitions", Subsection 40, "Frontage", be amended to read as follows: (40) Frontage. The shortest property line adjacent to a public street except for property lines which abut a major or minor thoroughfare, in which case the major and/or minor thoroughfare lot line, or line, shall be deemed the frontage. Notwithstanding the previous sentence if a property line adiacent to a public street has a limited access easement, runninq the length of such adiacent property line, in favor of and accepted by the Ci ty , such line shall not be deemed the frontage. Section 2. That all ordinances or parts of ordinaces in conflict herewith be, and the same are hereby repealed. Section 3. Should any section or provision of this ordi- nance 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 to be invalid. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular reading on this day of session , 1988. on second and final MAYOR ATTEST: City Clerk First Reading Second Reading 3/ CITY COMMISSION DOCUMENTATION TO: G. ALT R O. BA,\RY1 ,CITY MANAGER OU~ Ij, KouaJ. DA ID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: SUBJECT: PUBLIC HEARING RE ZONING CODE AMENDMENT ADDRESSING APPROVAL OF SITE PLANS AND CONDITIONAL USE REQUESTS ORDINANCE 60-88 AGENDA ITEM REGULAR MEETING OF JUNE 28, 1988 ACTION REQUESTED OF THE COMMISSION: approval on first reading of Ordinance 60-88 BACKGROUND: This subject was presented to the City Commission under "Report of Planning and Zoning Board Recommendation" on June 14th. Direction was given to prepare the enacting ordinance and advertise for public hearing. Direction was also given to address two aspects of the proposal. Each lS addressed as follows: Change to what constitutes "improvements": Currently the code requires 25% of improvements to be in place to vest a site plan or conditional use. This requirement has been deemed to mean all improvements associated with a project. As such, lt has proved to be cumbersome to administer. For example: Congress Park South, the PCC part, has one of four buildings constructed and they have installed water, sewer, and street improvements. However, to determlne if the 25% requirement has been met it is necessary to have the developer provide cost estimates for the balance of the project and then these need to be verified and a determination of vesting made by the Chief Building OfficiaL Similar situations frequently occur. While the proposed change to limit "improvements" to public improvements has been characterized as a "lessening of requirements", 1 believe it is better characterized as lessening the bureaucracy of development and permitting, a goal stated at the "Visions 2000" retreat and a theme consistently brought forward. 3Z- To: Walt€~. Barry, City Manager Re: Publi~ Hearing Re Zoning Code Amendment Addressing Approval of Site Plans and Conditional Use Requests Ordinance 60-88 Page 2 In order to "streamline" and at the same time maintain a high standard regarding vesting of a project, the Commission may desire to increase the percentage required for completion to 50% or 75%. OPtions: 1. 2. 3. Stay with cU~ent requirements. Proceed wi thl,proposal as recommended by P&Z. Proceed wi th the change regarding constitutes "improvements" but increase percent completion to 50% or 75%. what the Due Diliqence: This phase was added to the vesting criteria as it relates to installation of improvements. It is vague in favor of the City and provides some leverage when a project has provided sufficient improvements to vest, but has then become "stalled". At present the phrase does not exist; thus, it can be deleted if it is felt inappropriate by the ('b",,,,,S-:-'.,.,. This situation has been discussed with an Associate City Attorney who concurs with this representation. In any event, we both agree that it is best to drop the concept rather than to add further defining and qualifYing statements in this section of the zoning code. Options: 1. 2. Leave the phrase in the propOsed text. Delete the phrase. Other Items: During discussion of the Board's recommendation, some Commission members raised additional points as to why changes were being made~how they would affect current processes. Commission members are encOUraged to discuss these items with the Director of Planning and Zoning or with members of the Planning and Zoning Board prior to the public hearing. ALTERNATIVE ACTIONS: 1. Approve the ordinance as originally drafted. 2. Approve wi th changes. The changes discussed and the manner of resolving them may be combined e. g. YOU may' want to go with the new concept of "improvements", increase the % required for vesting, and eliminate the "due diligence" provision; thus, providing a situation more akin to what exists today. 3. Continue, with d~rection, to a time certain for consideration of changes to the text. { t 7. I To: Waltel . Barry, City Manager Re: Public nearing Re Zoning Code Amendment Addressing hpproval of Site Plans and Conditional Use Requests Ordinance 60-88 Page 3 RECOMMENDED ACTION: Enact Ordinance 60-88 as drafted, as recommended by the Planning and Zoning Board. httachment: Ordinance 60-88 provided by the City Clerk REF/DJK#24/B:CCTIME.TXT - .... ORDINANCE NO. 60-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30. "ZONING". OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORI- DA, BY AMENDING SECTION 30-21. "CONDITIONAL USE::',". SUBSECTION (E), "CONDITIONAL USE APPROVAL TIME LIMITATION", BY REPEALING SUBPARAGRAPH (1) IN ITS ENTIRETY AND ENACTING A NEW SUBPARAGRAPH (1) RELATIVE TO THE ESTABLISHMENT OF AN AUTOMATIC TIME LIMITATION ON THE APPROVAL OF A CONDITIONAL USE, AND PROVIDING FOR THE CRITERIA UNDER WHICH A CONDIT10NAL USE SHALL BE DEEMED ESTABLISHED; BY FURTHER AMENDING SUBSECTION (EI. "CONDITIONAL USE APPROVAL TIME LIMITATION". BY AMENDING SUBPARAGRAPH 121 (e) (2) BY ADDING A PROVISION THAT AS A PART OF THE REVIEW AND APPRUVAL PROCESS. A CONDITIONAL USE REQUEST SHALL BE ASSESSED WITH REGARD TO THE THEN CURRENT DEVELOPMENT REGULATIONS OF THE CITY AND SHALL COMPLY WITH 2,UCH CURRENT REQUIREMENT::',; BY FURTHER AMEND1N(; SUBSECTION IE), "(:oNDfTIONAL ll:".E APPROVAL - THIF LIMITATION", BY ENACTING A NEW 2,UBPARA- (;RAPH 13 -, T(I PROVIDE FOR AN EXPIRATION DAn: ON CONDI- TIONAL U:W,2, HAVING BEEN APPROVED WTTHOUT A TTt1E LH1ITA- TION. UNLE2.S A REOUE2,'f FOR EXTEi,IS HiN I:~ PRI"JF'Ef-iLY :o,uBM TTTED TO THB: PLANN TNG DIRECTOR: BY AMfi:ND [N'; S FCT IilN :jO-;)2. "SITE AND DEVELOPMENT PLAN APPRoVAL", :3UB;3ECTION iE), "SITE AND DEVELOPMENT PLAN APPFiOVA[. - TIME LIMITA- TION", BY REPEALING SUBPARAGRAPH It) IN ITS ENTIRETY AND ENACTING A NEW SUBPARAGRAPH (11 RELATIVE TO THE F.2.TABLT::;HMENT OF AN AUTOMATIC TIME LIMITATION ON THE APPROVAL OF A SITE AND DEVELOPMENT PLAN, AND PROVIDING FOR THE CR ITER IA UNDER WH IGH A 2, IrE AND DEVELOPMENT PLAN SHALL BE DF.EMED ESTABLTSHED: BY FURTHER AMENDING SUBSECT ION (E). "S ITE AND DEVELOPMENT PLAN APPROVAL TIME LIMITATION". BY AMENDING SUBPARAGRAPH I? -, (e) (2) BY ADDING A PROVISION THAT AS A PART OF THE REVIEW AND APPROV AL PRCICES:3, A SITE AND DEVELOPMENT PLAN RE0(1E::',T SHALL BE ASSESSED WITH REGARD TO THE THEN CURRENT DEVELOPMENT REGULAT IONS OF THE CITY AND SHALL r:UMPL Y WITH SUCH CURRENT REQUIREMENTS; BY FURTHER AMENDING SUBSECTION IE), "SITE AND DEVELOPMENT PLAN APPROVAL TIME LIMITATION", BY ENACTING A NEW SUBPARAGRAPH (3) TO PROVIDE FOR AN EXPIRATION DATE ON SITE AND DEVELOPMENT PLANS HAVING BEEN APPROVED WITHOUT A TIME LIMITATION, UNLES2. A REQUEST FOR EXTENSIUN IS PROPERLY SUBMITTED TO THE PLANNING DIRECTOR; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE: ],-'ROVIDING AN EFFEC- TIVE DATE_ NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA, A":, h'OLI,OWS: 3~s::.t~Qn. _..1_. Th8t3 Chapt.er 30. "lc.'ni_ng", ~,ec~t,ic)n 3lJ-?1. "Cond'it,ional U~;e~", f,ubRAc~t,ion (E). "Condit,1J)naJ 05P. Appr()v,~1 Time L imi tat. ion" , Subparagraph 1 1 ), of t.he Code of Urd I nances of the City of Delray Beach. Florida. be, and the same Is hereby repealed in i.t,s entiret,y. and a new :",ect.ion 3()-21. "ConditIonal Uses". Subsect.ion (E). "ConditIonal [be Approval - Time [,imH.a- tion". Subparagraph (1), be. FInd t,he sarrH;';' i. s here by Anact,ed t,(l read a~~ follows: (II Upon approval. or approval subjpet t.o onnrlitIons, by t,he Cit,y Commissi.on. t,he c~ondjt,ionaJ UEje ;?,hr:tll be vaJid for a period (If eight,pell (181 mont,hs during 'which t,iwe the (~oncJit,i()n"l nf:,~ 1'nu~','t. he est.abl i:"hed, Not.wit.hstandlng t.he abovp, t,he Ci t.y CommissIon may est.ablish a dIfferent t.ime lImIta- tion if it deems such an action appropriate, 31-.--- A condit,ional use shall be depmed estahlished when ei ther: (a) .9. Cert.ifjc,~.t,e of C;cCllp~n(':y i.,,::, i.;=~;=~ued f()"C thp. lJSe of property purS1larit. too the c(lnrli~i()Ti81 use approval: or, (b) at least tyenty-five percent (25%1 of ~he total cost of all p1lblic impr(IVAmAnts (water mains and appl)rtenan~A5. hyrlrants, sewer mainfj and appurt,enan~ef'" dra tnage devJlc~:?,. and streets) ~ssociated wI~h the approval have been inst.alled and t.he project, cont.inue", to be diligently pursued to it.s complet.ion. 6..e.!"'..o1cion 2_~ That Chapter 30. "Zon ing" . S",ct ion 3 0-21. "Condition81 Use",". Subsection (E). "Conditional [Jo," Approval Time Limitation", Subparagraph (2) (c) (2). of the Code of Ordi- nanoes of the City of Delray Beach. Florida. be, and the same is hereby amended to read as follows: (2) When The Land Has Not Been Subst,antially Pbysical- ly Improved Or The Applican~ Has Not. Met .The Standards In (1) Above_ Tbe ~pplication sh-311 be evaluated in accordance wI~h thA criterIa set forth in Section 30-21ID) whIch relates to an original application for conditIonal USA approval, If an application is to be analyzed under this suhsention. the Pl,anntng UirActor may reqlJire the E:,ubrni5~,ion of 5n~h addit.ionAl and cllrrent jnforma- tion as he may rieem appropriate to evalllat~ the applioation, The addittoDRl arid cl1rrerlt 1rlforma- tion requested shall be of the same type as is required llnder Section :1(J-~1 f(lt An (lrigina] conditional use application, ~OLJ>.aLt.QL_j;.l:lf'~.r.eY_ieH..1'lnd__'O\PPXC;VB.J prn(:-:-?"c': ..tolie c:ond.Lt.1.Qll!:Ll~.fL___r~Q IIp.Q.1..~._-ELJJ_fLl.i __ _be ____a~,.!7Le..cLE:~_cL ..m_~jj:~h re t;[ aLd._ :tQ_ Jeh e t,JJ e n C'J.lx=.t___skc'Lto lQ1!iOf:D t I'f:.&!.!l:;..:'c inIl5. ,2..L_--1hp _Gity-'_____i:[l\~.l1]Jjj_"QK._,___ [2-ut:._. DD::t..._ _~Li.miJ;:t:'-;.d r.,); :u.lbd iyj~to.D____.rPglJJ_2.tjill.!.S,,"_.. _.~~.\lPp)~.!r~_n.!:Q.l._ ___?:.(}}ltng rMJ.lJ_at...i....Q.nf-L-'._,..s iSIL ._Q.Q_de--.J-.-._land::,,;:;.~pi. Pi!.. GQ.d~_J_..,h.1 S.t_C.Lr:J~ pr.e.F.~.e.:rYa.r:.iQn_ ._.Lt7-.9.I).Lr.f.{_rnent,s. C_Co.>l)'l{rJ.I.ln.tty ,'=\.ppe.'=l..'C8/)(;.e GQ..d~~___JjJL.LIJ!.:Y_._Q..!2.nd.ft:rcl.fi.,1-_.. __.~_nd_.i,.1).... ..1_ i ~\l. f.t.nd IJilP?_Ct fueEL_._QD-,:L.~'l.h__all_co.rn.pJy_ Hj th_,;;I)<C.b. c.lJxxf'nL.r",qqire,C" rn~nt,f~ '_ SAct,iQIL..3.,_ That Chapt.er 30. "Zoning". Secti_on :30-,~1. "Conditional Uses". f,ubsect,i.on (E). "l~()ndlt,Lnnal Uf:.e ApprovBl Time Limi t.ation". of the Code of Ordinances of t,he Ci t.y of Delray Beach. Florida. be. and t.he same is here by am.,nded by adding a new SIJbparagraph (3) to read aE, follows: (3) In toh", event, that a condi. tIona 1 use has be",n approved without a time limitati.on imposed upon it. said condit.tonal use shall expire on June 1, 1989. unless a request for exten",ion Is properly submitted to the Planning Director. pursuant to th~ provisions of SU.bsection (E') (~~), Fl.bove. Tn the event that a request for AxtensIon is properly submit,t,ed. :?',B.id requ~~~t ~;hal1 be pro(~t=-\~;~',~d purSll- an~ ~o Sllbspctic)D (E) (2) Rnrl a~t.ion ~.'=lkpn ~ppro- priat.ely. - 2 - Ord. No. 60-88 S.<;>s.:tiQ.I:L-4... That Chapter 30. "Zoning", Section 30-22, "Site and Development Plan Approval", Subsect,ion (E), "Site ami D'wel- opment Plan Approval - Time Limi tat, ion", Subparagraph (1), of the Code of Ordinances of the City of Delray Beach, Florida, he, and the same is hereby repealed in its entirety, and a new Section 30-22, "Site and Development Plan Approval",' ;:,l)b",ec,t.ion (EI, "Site and Development, Plem Approval - Time Limitation", :3ubpara- graph (l), be, and the same is hereby enacted to read as follows: (1) Upon approval, or approval subject to condItions, by the City Commissioll. the site and devel,(lpment plan shall be valid for a period of eighteen (18) months during whIch tIme thp site and development plan must be pstablIshed. Notwithstanding the above, the City Cnmmiss10n may establjsh a differ- ent time limitation if i~ deems such an ~ction appropriate. . A sIte and development plan shall be deemed e2,tablI:o,hed when eJ.ther: (a) ft Cert,ific,'=i.te of U2,e of property deve lopment, plan O"cupancy pursl}F.int. approval: j~', i s:=::llpd for t.o t.he c. i te or. the and (h) at least twenty-five p~rc~nt (25%) of thp t.ot,al cost of all pllblJ.c improvement,s (wat,er mains and appurten~n~e8. hydrants, sewer mains and appurtenances, drainage devices, and streets) associated with the approval have been installed and the project continues to be diligently pursued to its completIon. Sect,ion 5. That Chapter 30, "Zoning", ;-',ection 30-22, "Sit,e and Development Plan Approval", Subsection IE), "Site and Devel- opment Plan Approval - Time Limitat.ion", Subparagraph (2) (c) (2), of the Code of Ordinance~ of the City of Delray Beach, Florida. be, and the same is hereby amended to read as follows' (2) When The Land Has Not, Been Substant.ially PhYf,ical- ly Improved Or The Applicant Hac. Not Met The ;::,t,andardf', In (ll Above, The application sh"dl be evaluated in accordance with the cri t~eria spt forth in Section 30-22(DI which relates to an original applioation for site anr! development plan approval. If an applIcatIon is to be analyzed under this subsection. the PlannIng Director may req1lire the s11bmission of such additio11a] and current Information as he may deem appropriate to evaluate t.he appli.cat.i.on. The addi t,iona I and current information reque~ted shall be of the same t,yp~ ap. 15 required under ~:I~ction :3(l-;.-::2 for an origInal site and development plan applica~ion. AfL_fl. PH ri, ()f_J:JI~,-...r.f'-:...Y.i.e..H--B.n-:LQ..ppl.'Qy::tl....J;l.rD..r~'..~, ._.J:.h~. fLtt.~._qni:L.. _dey.p lD..PJ~.J1.!'_ ~];l1.:311......X.~qJJ.~B t.. _~_baLL l)~ _,3._:;'-":. .0;--"'.0,,,:;.e(1. \i.J t.Jl. xeg"'.Td_t.f'...:tb,,: t,}lt.n..!,l,lXX.B.Qt,_--:L",vel QPJfle n.t. reg1JJ3:tJ.QTi",,_.Qf_. t,t!,,:__.c.i.t,y,_ JJ1c.i1Jili.nK. \)lxl;,. rlot_i.ilILlth.cL tQ.:. ......_.g,1)J2Q...LYj..;i_i.Q II_. rf! ~u~t.i.Q.n f~.J___;;'.\_~ l.~.me.ILt,_'~Ll . __ ~.Qn 1.'0 g r~ g'll.Q.t.j i:.1J"t~-L___E~lgrL_Q.<).df.':...1-..l.:...-:Ulit::!i::..af'inE.. c Q.d~.J]1~J:!.QriQ_ ~J3Jex_Y_'3.t.l(!.n. ____lS':..9.ll.ir~rn~.n!, !:~..J-.._QQJUI(J!ln.i ty_ .._._ 0:R fl.f.":. .a.t~,':I,.rl(~. f:.. ,:NkJ.. \).tj,litY.":;,t.<illr.LCir~I,,.,_. .,,))':I..j.r!. J i.~l) "wi .JrSlp".\'t, f e~.f:~__2.nd.>_.. :S.h.'2 J 1_. CDIL!.R.lY__ HLt.1L_t"0.lc:.n .__r-.'J.!D.::.!::.n \!. ..Le. 9.1J.i..r..~-=- ment-.s.... - 3 - Ord. No. 60-88 Sect.ion 6. That, Chapter 3D, "Zoning", Sect,Lotl 30-22, "Sit,e and Development, Plan Approval", S1lbsect,jon (EI, "~O,jte and Devel- opment, Plan Approval - Time Lirni tation", of' the Code of Ordinanc- es of the City of Delray Beach. FlorIda, be. and the same Is hereby amended by adding a new :",1lhparagraph 131 t,o read ap, follows' (3) In the event that a site and development plan has been approved witho1lt a time ]imItatIo~ imposed npon it" 5;;dd ",it,e and development. plan shedl expire on ,June 1, 1989, unle"",,,", -3 reqne!",t, for extension is properlY 5\lbmit,t,ed t.o t.he PlannIng Director. pursl1o.nt, to t,he pro'Ji.f", j,onp. of f.uhp,ect,; on IE) (2), above. In t.hp. event t.hat. a n;qne",t f(,r ex~en5io11 ic properly ~llbmitted, said r~quest ~~ha11 be pror.~f;f;Arl pur:::.uant. t,(; ~.:',llbs~ct,l()n iF.,) (?,) Bnd ar.tioy\ ~akAn apprnpriR~Aly. :3f.:G.tiOD...T.-- Th8t, ~onflj.ct here~1t~ hp. all ordinances nr pArts of (lrdinBn~p~ anrl ~he ~amA ~t.~ t\Arehy rApA81Ad. 1n \ II .1 II \ I ~.:,_~(:;t,.i..on }3_. That, p,hol.11d Flny f',~c,t,i,-'-n (:,r provi;=,',iof! f~\t' ordinancR or Rny pnrt,ion t,hArenf. ~ny pArRgrAPh, sent,Af1CA, word 1-,p clecl.Flr~d by a CO\lrt of c(}rnpet,r:.:nt, il)t'~l:=:,cllctlnn 1:.n invalid. :=:',llr:h de~j_~;j.c}n shrill not, Affect, T,h_A v.'1.1i_dtty of rembinder herenf as a WhOJ_8 or p~r~ t,h~r'A(lf (l~tIPr t.han ~hp rl~clHrpd ~n b~ inv~lid, t.b 1 .4~ or hp. "hp p.o::;rt, ~:::'AG.t,j_9n 8, That, t,hi~j orcltnancp. f;}')F111 he~()rnp. ~ffect.ivp. i_mmediately upon p~55ag~ on seconrl and finRI rearling, PASSED AND ADOPTED i.n regnlar 2,e2'c' i on readIng on t.his t.he._____.__ day of~._.. on ser:ond and fim.] 1988. (-\ A Y 0 R ATTE2,T: .-._-----~--_._-'----_..-- City Clerk Fi.n;t, Readi.ng __._..__. Second ReB.c1 i ng - 4 - Ord. No. 60-88 1$0 M"IOEN L"NE NEW VORK. NEW VORK 10038 212-510-7000 ~'UD~E'~OSE'GUTHRIE ALEXAN. ~..""l4;...~~....;....._....._....._~...._.~.....~~,~..,_~,_,_.. ,., ...->." :., , &. FER,DON - SUITE 900. NORTHBR1DGE CENTRE 515 NORTH FLAGLER DRIVE SUITE .~020 333 50UT~ GR,Il.NO AVE,.. LOS "NGELLS, CAL'F 9C 213-813-1112 2121 K STREET, N.W. W"S~INGTON, D.C. 200..):! 202-429-9355 WEST PALM BEACH, FLORI DA 3340' 12. RUE OE L'" Q..,X ,305-650-8100 75002. PARIS. FR"NCE (1142. ell. 57. 71 TELE:COPIE:R: 305-833-1722 TE:LEX: WU 5148~7 i\ ..., .;.J "~, L") . ~ '..... A-4..a t" .l JUN 22;988 June 22, 1988 ell Y Mrllv/!GrR'S CiHICE. TO ALL PERSONS ON THE ATTACHED DISTRIBUTION LIST: CITY OF DELRAY BEACH, FLORIDA Water and Sewer Revenue Refunding Bonds Series 1988 Enclosed herewith please find a revised copy of the bond resolution for the above-referenced matter. This copy has been blacklined to reflect comments received at the working group meeting on Monday. Since this resolution is to be considered for adoption on Tuesday, June 28, all comments must be received no later than the close of business Monday, June 27. SDS/emi Ene. ~: Very truly~ours, I, !,~i{ , ., "'/2-Lfl_<.-<- r,-.. ,y .CL',,{,/,}-,< c~ Stephen D. Sanford . . J -. - "33 RESOLUTION ~O_ 36-88 lA RESOLUTION OF THE CITY COU~CIL OF THE CITY OF DELRAY BEACH. FLORIDA. AUTHORIZING TIt'!: ISSUANCE OF N<7.l' EXCEEDING $30,000,000 WATER AND SEWER REFUNDING REVENUE !!ONOO OF THE CITY OF DELRAY BEAat. FIDRIDA. FOR THE PORPOSE OF REFUNDING ALL OR A PORTION OF THE CITY' S WATER AND SEWER REVENUE BONDS, SERIES 1984; AND PROVIDlllG FOR THE TERMS AND PAYMENT OF SAID WATER AND SEWER REFUND!NG REVENUE BONDS, AND THE RIGHTS, REMEDIES AND SECURITY OF THE HOIDERS OF THE W}\.TER AND SEWER REFUNDING REVENUE BONDS. MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION TI1KREWITH: AUTHORIZING THE PROPER OFFICIALS OF THE CITY TO DO ALL OTHER THINGS DJ!;U'lIID NECESSARY QR ADVISABLE IN CONNECTION WITH THE ISSUANCE OF THE WATER AND SEWER REFUNDING REVENUE BONDS: AND PROVIDING FOR AN EFFECTIVE DATE. !#46 !#49 !#49. !#50 #(50) #51 #52 #53 #54 #(54) #54.2 #(54. #54.3 #54.4 #(54. ~EREAS, the City of Delray Beach, Florida, a Florida !#55. municipal corporation (the "citv"), is authorized bY law to issue !#55. its Combined Public utility (as herein defined); and revenue bonds to finance improvements, additions and extensions to #55.: #(55. 1~REA5,the City Council of the city of Delray Beach. l!2I Florida (sometimes referred to herein as the "city Council"). I did on ! #57. June 12, 1984L adopt Resolution No. 45-84, which was amended and sup- !#58 plemented Qn June 26, 1984 , and October 17, 1984 (collectively, the #58. Revenue ~onds, Series 1984 (the "Refunded Bonds"); and "Prior Resolution"), authorizing the issuance of its Water and Sewer #(58 #59 IWiEREAS,the city Council has determined that it is now !#62 deemed necessary and desirable and in the best financial and economic !#(6; interest of the City to issue its water and sewer refundinq revenue li22 bonds for the purpose of paying and ~efunding all or a portion of the !#63. Qutstanding Refunded Bonds. #63. ; M.OW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE #65 CITY OF DELRAY BEACH, FLORIDA, ~ FOLLOWS: I-I 94348.20.2788.03:91 #66 !#44 Res. No. 36-88 ~ Q,ECTION 1. Q,ECTION 2. !2,ECTION 3 . !2,ECTION 4 . Q,ECTION 1. !2,ECTION 2. Q,ECTION 3 . Q,ECTION 4. Q,ECTION 5. !2,ECTION 6. Q,ECTION 7. !2,ECTION 8. Q,ECTION 1. !2,ECTION 2. Q,ECTION 3. Q,ECTION 4. ':tABLE OF CONTENTS ~TICLE I STATUTORY AUTHORITY, FINDINGS AND DEFINITIONS AUTHORITY OF THIS RESOLUTION....... FINDINGS. . . . . . . . . . . . . . . . . . . . . . . . . . . DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . RESOLUTION CONSTITUTES CONTRACT.... ARTICLE II AUTHORIZATION, TERMS, EXECUTION AND REGISTRATION OF BONDS AUTHORIZATION OF BONDS............. DESCRIPTION OF BONDS............... REDEMPTION PROVISIONS... .... .., .... EXECUTION OF BONDS................. NEGOTIABILITY, REGISTRATION AND CANCELLATION. . . . . . . . . . . . . . . . . . . . BONDS MUTILATED, DESTROYED, STOLEN OR LOST......................... Preparation of Definitive Bonds; Temporary Bonds................. Form of Bonds...................... ~TICLE III COVENANTS, FUNDS AND APPLICATION THEREOF BONDS NOT TO BE INDEBTEDNESS OF THE CITy........................... . BONDS SECURED BY PLEDGE OF NET REVENUES AND ADDITIONAL SECURITY OF SPECIAL ASSESSMENTS AND PLEDGED IMPACT CHARGES.......... APPLICATION OF BOND PROCEEDS....... COVENANTS OF THE CITy.............. A. TAX COVENANT,. .".....,...... !'l.. RATES. ' . . . . . . . . . . . . . . . . . . . . . . <:;:. Combined Public Utility Revenue Fund.. ............... Q.. CREATION AND ESTABLISHMENT OF VARIOUS FUNDS AND ACCOUNTS AND THE DISPOSITION OF NET REVENUES AND PLEDGED IMPACT CHARGES. . . . . . . . . . . . . . . . . . . . . . ~. SALE OF THE COMBINED PUBLIC UTILITY. . . . . . . . . . . . . . . . . . . . . . 94348.20.2788.03:91 IV-1 #2006 Page # (200t #2008 2 2 3 15 # (2001 # (200! #2008 #2008 #2008 #2008 #2008 1 1 3 3 # (2001 # (2001 #2008 #2008 #2008 #2008 #2008 # (200: #2008 # (200: #2008 # (2001 #2008 4 6 7 8 #2008 1 #(200 #2008 #(200 #2008 #(200 #(200 #(200 #2008 #2008 1 2 3 3 #2008 4 #2008 4 #2008 #(200 5 #2008 #(200 #(200 #(200 #(200 14 #2008 #(200 ! #193 Res. No. 36-88 !#(19 ~ECTION 1. ~ECTION 2. ~ECTION 3. ~ECTION 4. ~ECTION 5. ~ECTION 6. ~ECTION 7. [. <;i. !!. I. J... li. 1. [':1. N. Q. !',. Q.. E. ~. ~ABLE OF CONTENTS (Continued) ISSUANCE OF OTHER OBLIGATIONS PAYABLE OUT OF NET REVENUES.. ISSUANCE OF PARI PASSU ADDITIONAL BONDS............. INSURANCE. . . . . . . . . . . . . . . . . . . . BOOKS AND RECORDS............ OPERATING BUDGET............. MAINTENANCE OF THE COMBINED PUBLIC UTILITy............... NO FREE SERVICE.............. REMEDIES. . . . . , . . . . . . . . . . . . . . . ENFORCEMENT OF COLLECTIONS... CONNECTIONS WITH THE SEWER SYSTEM. . . . . . . . . . . . . . . . . . . . . . . NO COMPETING FACILITIES...... CONSULTING ENGINEER.......... DISCHARGE AND SATISFACTION OF BONDS. . . . . . . . . . . . . . . . . . . . . . . . VALUATION. . . . . . . . . . . . . . . . . . . . MtTICLE IV MISCELLANEOUS PROVISIONS MODIFICATION OR AMENDMENT.......... SEVERABILITY OF INVALID PROVISIONS. VALIDATION AUTHORIZED.............. SALE OF BONDS...,...,.,............ REPEALER. . . , , . . . . . . . , . . . . . , . , . . . . . . BOND INSURER; DEFAULT..,........... EFFECTIVE DATE..................... 94348.20.2788.03:91 -2- #2007 Page # (200' 16 #2008 # (2001 16 #2008 # (2001 22 #2008 23 #2008 23 #2008 24 #2008 # (200: #2008 24 25 #2008 28 #2008 28 #2008 # (200: 29 #2008 29 #2008 29 #2008 #(200 #2008 31 #2008 # (2001 1 2 2 2 2 2 3 #2008 #2008 #2008 #2008 #2008 # 2 008 #2008 !#200 Res. No. 36-88 1#(20' ORDINANCE NO. 31-88 AN ORDINANCE OF THE OITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ENACTING A CODE OF ORDINANCES FOR THE CITY OF DELRAY BEACH, FLORIDA; RECODIFYING, RENUMBERING, REVISING AND REARRANGING SECTIONS OF THE CODE OF ORDINANCES AND OTHER EXISTING ORDINANCES OF THE CITY; ADDING NEW MATTER AND REPEALING VARIOUS ORDINANCES; RESCINDING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the present Code of Ordinances of the City Qf Delray Beach is inadequately arranged in regard to titles, topics, and subject matter, some sections being now insufficient in form and substance for the proper preservation of the public peace, health, safety, and welfare of the City and for the proper conduct of its affairs, and, WHEREAS, American Legal Publishing Company has completed the recodifying, renumbering, revising and rearranging of the general permanent ordinances of the City in printed form pursuant to an agreement with said Company, and, WHEREAS, the recodification has been on file with the office of the City Clerk and subject to public inspection, and, WHEREAS, in the interest of certainty with respect to ordinance provisions and to comply ~li th law, it is deemed necessary forthwith to publish such recodification, renumbering, revision and rearrangement of said ordinances in book form as the Code of Ordinances, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. Revision and Recodification. The general and permanent ordinances o~ the City are revised, rearranged, recompiled and renumbered as to sections into component titles. Section 2. Adoption of Codified Ordinances. a. The general and permanent ordinances of the City, so revis~d, rearranged, recompiled and renumbered as to sect.ion and recodified, i.n form the same as that on file in the office of the Clerk, bearing number the same as tJ1is ~rdinance, are hereby approved, adopted and enacted, and the same shall be printed and published in book form as the Code of Ordinances of the City of Delray Beach, Florida, and when so printed, published and assembled in book form and ,::ertified as correct by the Clerk of the City shall be admitted in evidence and accepted by the courts and all persons as to the existence, effectiveness and regularity of all enactments so published in said book form, as of the effective date designed herein. il " Ii , ii '1 Ii Ii Ii 31# b. One copy of the Code of Ordinances, upon certification as to the correctness thereof in such book form by the Clerk of the City shall be kept in its initial form on file in the office of the Clerk and retained as a permanent ordinance record of the City. Section 3. Effective Date. The Code of Ordinances, consisting of the various titles as hereinabove and therein :lE:signated, and all provisions thereof, shall take effect and be in force, at, on and after July 1, 1988. Section 4. Other Amendments and Supplements. The Code of Ordinances may be amended or supplemented at any time, and, when any amendment or supplement is adopted in such form as to indicate the intention of this City Council to make the same a part thereof, such amendment or supplement shall be incorporated in, and deemed a part of, the Code of Ordinances so that any reference to the Code of Ordinances shall be understood and construed as including the Code of Ordinances, and any and all such amendments and supplements thereto. Section 5. Form of Amendment or Supplement. All amendments and supplements enacted as a part of the Code of Ordinances shall be intergrated therewith by following the form of arrangement and plan hereby and ':herein adopted. Each title shall be sub-divided into chapters, and each chapter shall be' sub-divided into sections. Section 6. How Known and Cited. This adopting ordinance, the Code of Ordinances of the City of Delray Beach, Florida, hereby adopted and any and all amendments and supplements which may be adopted shall be known and referred to as the Code of Ordinances and shall be known and referred to either as "the code," "this code," "component code," or as designated in Section 1 hereof. Section 7. Master Copy. The Clerk of the City in addition to the book form copy in its initial form to be kept on file in the Clerk's office, pursuant to Section 2 hereof, shall keep a complete master copy in book form and in connection therewith or attached thereto in such form and manner as the Clerk may determined to be most easily available for most easy reference, a copy of all amendments and supplements bearing such title, chapter or section designations as may be proper. If in doubt as to such designation, the Clerk of the City shall be guided by the advice of the City Attorney. Section 8. Interpretation. a. 111 the intE:rpretation of any 'provision of the Code of Ordinances, or of any ordinance amending or supplementing the same, general terms, phrases, and expressions therein shall be liberally construed so as to carry out the intent and meaning of this City Council and shall have the meaning commonly ascribed thereto, unless a different 2 ORD. NO. 31-88 meaning is required by the context or to give effect to such ordinance. b. The heading of ,sections contained in the Code of Ordinances shall be printed in alI capital letters and are to be deemed to be in the nature of "catch words," and in case of conflict between such heading and the <::ontents of any section, the contents of the section shall control, not withstanding such headings. Section 9. Severability. Each section and each part of each section of the Code of Ordinances is hereby declared to be an independent section or part of a section and notwithstanding any other evidence of legislative intent that if any such section or part of a section, or any provisionxhereof, or the application thereof to any person, or circumstances, is held to be invalid, the remaining sections or parts of sections and the application of such provision to any other person or circumstances, other than those as to which it is held invalid, shall not be affected thereby, and it is hereby declared to be the legislative intent that the Code of Ordinances would have been adopted independently of such section, sections, or part of a section so held to be invalid. Section 10. Repeal of Prior Ordinances. The Code of Ordinances contains all of the provisions of a general and permanent nature pertaining to the subjects therein enumerated and embraced. All prior ordinances, parts of ordinances and sections of the prior Code of Ordinances in force, which are incorporated in or pertain to the subjects enumerated and embraced by the Code of Ordinances of the City and are hereby repealed as of .July 1, 1988. Section 11. Prior O:rdinances Not Affected by Repeal. The repeal of ordinances and Code of Ordinances sections as provided in Section 10 hereof shall not effect: (1) All o:.:dinances of a temporary or special nature, and all other ordinances pertaining to subjects not enumerated and embraced in the Code of Ordinances; (2) Any offense or act committed or done or any penalty or forfeiture incurred, or any contract or right established or accuring before July 1, 1988; (3) Any ordinance or resolution, promising or guaranteeing the payment of money to or by the City, authorizing the issuance of any bonds or notes of the City or any other evidence of the City's indebtedness, or an~' contract or obligation assumed by the City; (4) The ~drninistrative ordinances. or resolutions of this Commission not in conflict or inconsistent with the provisions of the Code of Ordinances. (5) Any right or franchise conferred by any ordinance or :resolution of this Commission to any person or corporation; ") ORn. NO. 31-88 (6) Any ordinance naming, relocating or vacating any street or public way, or any ordinance identifying stop streets at intersections, one-way streets or any other traffic regulations; (7) Any ordinance levying or imposing taxes, assessments, or charges; ( 8) Any ordinance fixing salaries, benefits or other emoluments or officers or employees; wage rates, fringe compensation of City (9) Any prosecution, suit or other proceeding pending, or any judgment rendered on or prior to July 1, 1988. ( 10) Any ordinance which may be adopted by the Commission after July 1, 1988. Section 12. Publication. The Clerk of the City, having caused the titles of the Code of Ordinances with their component chapters and sections to be printed, having assembled all of such titles as the Code of Ordinances of the City of Delray Beach, Florida, for certification as correct by the Clerk of the City, shall have on file one such complete set of the Code of Ordinances in its initial form with this Adopting Ordinance as provided in Section 7. Section 13. That this ordinance shall take effect and be in full force in the manner provided by law. Section 14. That all ordinances and parts of ordinances in conflict herewith be, and the same are hereby repealed insofar as they are inconsistent or in conflict with the provisions of this ordinance. Section 15. Should any section, paragraph, sentence, phrase, clause or other part of this ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional, the same shall not effect the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid. Section 16. This Ordinance shall take effect on the 1st day of July, 1988. PASSED AND ADOPTED by the City Council of the City of Delray Beach, Florida this day of , 1988. MAYOR ATTEST: City Clerk First Reading Second Reading ~ ORD. NO. 31-88 ORDINANCE NO. 33-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-I0 (MULTIPLE FAMILY DWELLING) DISTRICT IN CF (COMMUNITY FACILITIES) DISTRICT A PARCEL OF LAND LYING AND BEING TN SECTION 16. TOWNSHIP 46 SOUTH, RANGE 43 EAST. DELRAY BEACH, PALM BEACH COUNTY. FLORIDA: SAID LAND IS LOCATED AT THE NORTHEAST CORNER OF N.E. 7TH AVENUE AND N.E. l:".T ;".TREET. AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983": PROVIDING A GENERAL REPEALER CLAUSE: PROVIDING A SAVING CLAUSE: PROVIDING AN EFFECTIVE DATE. NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA. AS FOLLOWS: Se0t.jc'n 1. That. t.he followin" described propf>rt.y in the City of DelrRY Beach, Florida, is hpreby rezoned and placed in the CF (Community Facilities) District as defined in Chapter 30 of the Code of Ordinances of the City of Delray Beach, Florida, t.o-wi.t.: The South 104.42 feet of thf> West 175 feet of Block 123, CITY OF DEGRAY BEACH, according to the Plat thereof. re00rded in P1R~ Book 1. Page 3, of the Public Records of Palm Beach County, Florida: and. Commencing at a point 157 feet North of the S011thwest corner of Rlcl~k 1.23. then~A ERst 175 feet, thence South 52 feet. 4 inches, thence West 175 feet, thence North 52 feet, 4 inches, to the Point of Beginning. all In Block 123, CITY OF DELRAY BEACH, Rccording to the Plat thereof recorded in Plat Book 1. Pa.ge 3. of the Public Records nf Palm Bea.ch CCllJnt,y. F lorid8; and. Lots 1, 2 8nd 3. PARK COURT SUBDIVISION, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Pla.t Book 10, Page 74. The subject property is l00a.ted at the northeast corner of N.E. 7th Avenue and N.E. 1st Street, Delray Beach, Florida. The above-described parcel <"ontbins a 1,17 R<"re parcel nf land, more or less. SeQ.tl-.Dn. ~_'-_ Th;;tt, s ha 11. "pan the effe<"t i ve Zoning MRP of Delray Beach, sions of Section 1 hereof. the Planning Director of Aaid City date of this ordinan0e, change the Florida, to conform with the provi- Se0tion 3, That All ordinances or parts of ordinances in nonflict herewith he. and the same are hereby repealed. 36 Section L That should "ny "'Act.ion or provision of this ordinance or any portion thereof. "ny p"ragraph, sentence, or word be declared by" Court of ~ompetent jurisdiction to be invalid, such decision shall not "ffect the v"lidity of the remainder hereof as " wh() Ie or pArt t.hp.rp.of ot.her than the part, declared to be invalid. Section". That t.his ot'dinance shall become effective immediately upon pas!'"age on second and final reading. PASSED AND ADOPTED in final reading on this the _'_ regu] .'lr ",.",,,,.S ion on second and day of ._.____H___~_ _.____' 19S5. M A'Y 0 R ATTEST: City Clerk First Reading Second Reading - 2 - Ord, No. 33-88 ORDINANCE NO. 62-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. ANNEXING TO THE CITY OF DELRAY BEACH TWO PARCELS OF LAND LYING AND BEING IN SECTION 20. TOWNSHIP 46 SOUTH. RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY. FLORIDA, WHICH LAND IS CONTIGU- OUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY: SAID LAND 12, GENERALLY LOCATED ON THE WEST SIDE OF S, W. 4TH AVENUE, BETWEEN LINTON BOULEVARD AND S.W. 10TH STREET. AND LYING EAST OF GERMANTOWN FiOAl:: REDEFINING THE BOllNDAR IEf, OF 2.A ID CITY TO INCLIWE SA ID LAND; PROVIDING FOR THE RIGHTS AND uBI. n;AT ION2, OF 2.AID LAND: PROVIDING FOR THE ZONING THEREOF TO R-1A (SINGLE FAMILY TMELLING) DJ2.TRJCT. IN PAF:T. AND ART (AGR rCULTURAI. RES JDENTIAI, TRANSITIONAL) DISTRIf:T. IN PART; PROVIDING A GENERAL REPEALER CLAUSE: PROVIDING A SAVING CLAUSE: ?Fi)VrDING AN EFFEC;TIVE DA'rE. WHEREAS. the Legislature of the State of Florida passed t.he Delray BeBc), EnclC\ve Act., Chapt.er 86-427, Laws of Florida, providing for t,h~ annexation nf ~n(Jlave5 within the genAral boundaries of t,h~ Cjty of IJelrav Bea~h: and, Ci t.y of electors would DE': dum held election WHEFFA:::'" p._~r:?,uAnt, t,o t.n~ Del.ray Re::-\l."h Ene': ;';'..~P A;:-.t-. t.1\f:1> lJp,Jri-iy F;p~"~1 cal.1ed f(i}" a r~ferendurr1 of t,tK)SP qllalifj~d tJi t,rd n t,hr:-. C:it,y <:.\f Dplray Beac}l a:nd t,l-le enclave.':', t,h.'=it f-', t)b_iG(-~t T,n ,3nn~xAt,i [in under t,liE' A.:: 1:. , \-11. t.h 2.8 j d :ref~rr:-n- on November 4 198B. in conjllnctj(ID wjt~ ~ generFl} for' Palm Beacli COllnt,3l. FloridFl; and, WHEREAS. the referendum held approved by FI SjIl~l~ maicirity vn~p I)f and. un N,;\/p.rnb,,:.:,r 4. Sh1d ulJ,-,lified 1986. was p 1 ~(:t,nrs; WHEREAS. t~;~ Cii.y of n~lrFlY H8rich ha~', pl"p.pared .qn Enclave Report. out.li'.i.n~ th'" r.ity's plan tor implement.at.ion of the DelrAY Beach Enclave Act. which id"'ntifj",s sixty-five (651 enclaves eligible for annexB~ion pursuRnt. ~~ the Act: and, WHEREAS. the Ci t.v of authorized to annex lands in Enclave Act.. Delray Ht=:",:H,:h has heret,oforE': Accordance W1 t.h the De] rC\y been B",ach NOW, THEREFORE, BE ]T ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, Fl,nRID,~, M'. F(J[,l,()W:~: :3 '""'.:ti>:'ll_L ThAt. t.hp Cit., Council of t.hp Cit.y of Delra, Beach. Palm Beach COllnty. FloridR. hereby annexe5 to sairl City t,he following rip~ct'ibed l::'lnd locFlt,pd i.n P.::t]rn Beach Count,y. Florida. which lies c()n~iguous tel ~Aid Cit,y to-wit; EA Rr:Er..._'~.8~: r.ot.;:, 4 t.hro\lgh ~/8. jnc~]\]f-'.1VP:, Block f;, SO\JTHR ID(;P snBDIV I:?, ION, PLAT 2 UF 2. .?l\':0ord- in~ ~G the Plat t,tier~0f recorded in Plat. RO(Jk 13. Fagp 39, Public Re~ordg of ~R]m Beach CClunty. Fl(jrjrl~: t(I~Ather wjth. 3' Lots 11. 12, 13 & 14, Block 7, and the Eas'L Half of Abandoned Central Avenue lying west of and adjacent to Block 7, SOUTHRIDGE SUBDIVISION, PLAT 2 OF 2, according to the Plat thereof recorded in Plat, bC)(lk 13. Page 39, Public Records of Palm Beach ~ounty. Florida; together with. Lot lB. Block 6. SOUTHRIDGE SUBDIVISIuN, PLAT 2 OF 2, .3ccording t,r) t,}-je Plat. t;h~!'euf record- ed in Plat, Book 13. Page 3~~!. r'lJiJlic f"ecord~, of Palm Beach County. Florida: t(lg~ther with. Lots 2 through 10. inclusive. Blid Lot,s 15 through 20. inclusive. Blclck 7. SOUTHRIDGE SUBDIVISION. PLAT 2 OF 2, according to the Plat thereof recorded in Plat. Roul<. 13. Palle 39. Pub]ic Records nf Palm BE',:iclJ C:ol)nty, Florida: together ~it.h- Lot 20. PJ,~ck 8. and the West. Half of Aban- doned Cpntral Avenue lying ~;iS~ of and adjacent, to Block 8. sorlTHRIDGE SUBDIVISION, PLAT 2 OF 2. according tn t,he Plat thereof recorded in Plat Rook 1~.. Pa~A ~9, Publi~ Records of Palm Beacl) County. Flortda: t,oget,her wi t.h. The ~~e~,t, Hf.l.lf 0:[ Aba:ndoned C~nt,r.3J AT,,'f-:)'I]:lP lying- ~a::,t. of and adjFiC'~nt. t,o l,(.;t;=:; 1 a:nd 2::). Block g, ;30UTHRIDGE SllBU1VL3JUN. fLAT ~~ (jF ~;, according to the Plat thereof recorrlerl in Plat Book 13, Page 39, Public ~ecords of Palm Beach County. Florida: ~ogp~her WiT,~i. Lots 1 th.rn1.)gh 33. inclu:=dvp., hJ;~j('i: lu. and the EaE',t Half nf Ab,~nd(;'-Ip.rJ [-;t':ni":y,:;l ,A~Jenu€ lying wefit of .Slnd .9.dj'7:lce.nt T'-' t';.-:"'~:F lii. SOUTHR IDGF: ~~,UBDIVI~310N, PL,AT :< L,F ryc('ord- ing tCI th~ Plat ther~of rerl~rd~,_l Plat Boclk 13. Page 39. Putiljc kAI~ord~ ,)t ~~Jm Beach COllnty, FloridR: t,ogether witt;, The Wef',t. HAi.lf {~,f AbRndcln8d (':pntr,~1 AvenUe lying east. of anrl adj,9.cent. t.,-; l,nt.,~, :J <Sind 12. Block 13. fJ){JTHRIDGE sr.1HnJVl;~1(H-l. PLAT 2 uF 2. ac~ording to the P1Rt therenf re~orded in Pl",t. Book 1:1. Pagp 3::l. PllhJj" R.ec:c,rd.O. of Palm Beach Cnllnty. Florida: togethpr ~1t'~I.. Lot,5', 1 Bno? (le~s t,h~ NC"o"r'th i;-, ft.. rc.:=:Jd rj'?ht.-of-W8Y1 . Rnd f.,(;t,f--, 7 thr,-:,;];'!ti i. in('~lll- !:.ive. B1Cle:k R. HIDGEWuCJ[J HF1~;r(rS fiRLRAY SUBDIVISION. according to the Plat therpnf recorded in Plat. Book 14. p,,,",.e 44. Public RecordE", of FF:llm Beach (>:'1]';",t,'''', Flortda,: togpt.her with, [iGts 1 thrcJllgh 6. iJjc]t]s1v~. AI'in Lots J9 througrl ?4. i.nclue,jvl';, P,lod~ FilDGEWOOlJ HEIGHT~=: DELRAY ~~;UBDIVlt,luN. ,3'~:'-:(Jri)ing t,o t.he Plat thereof recorded in ~IRt bC\(,k 14. Page 44, pllblic- .R~('~(Jr(1.f; ,~,f F'a.l.rr; h2.,;.c'h Cou.nt.y. Fl(lriria: t,Ggether wjth, - 2 - Ord. No. 62-88 Lot,e. 1 t.hrough 6, inclus i ve, and Lut.". 1!'J t.hrough 24, inclusive, Block D, RIDGEWOOD HEIGHTS DELRAY SUBDIVISION, accurding to the Plat thereof recorded in Pla~ Book 14, Pe~e 44, Public Records of Pelm Beach roun~y, Florida: t.ogether with, The East. Half of Lot J and t.]"" Nort,h 35 feet of the East H~1f of Lot 2. Block 1. STRICKLAND SUBDIVISION, according to the Plat thereof recorded in Plat Book 23, Page 173. Public Records cif Palm Beach County. FlcJrida. The subject prnpprty is ~eneral1y located on the west sjde of S.W, 4th Avenue. between l,inton BOlllevarri anrl S,W. ](ltll Street. and lying ea~t, of Germantnwn Ro~d. Thp. ahove de~:,("ribed acre parcel of lanri. parcel contains a mnrB ()r 1e.5f.,. , 0 .i", 89 EAE.cIDL"B ~ Lot,::; .1 t,hrollgh h. jncJuf.:ive. Block B. RIDGEWOOn HEIGHTS DELRAY SUBDIVISION, accord- ing tel thA PLat, thereof r~corded in Pl~t Book 14. Pa~e 44, Puhlic Recol"d::, of pf:lJrn Rp..3ch Connt,y. Florirl,~. ThA 3ubiACt propertv i~ located on t,hp f:;ide of ~~, W 1{)t.h ?,t.reet,. het,wp~n ~~). W. Avpn\l~ F:l"fl0 :?,. W. 8t,h Avp:nIJ~, ;:.',c;u.t,'h 7th The ahov~ descrihArl p~r~pl ~(Int,~in~ ~ 0.2 acre pRr~pl of ]~nrl, mnrR nr lASS S~.t..iQD~2. That. t.hp h("jllnrlarie~', c,f th~ r,j t.y ()f ~] ray Beach, Florida. arf- herph~,,~ rE-:d~fin~dt.c 1fu-'llldt=- t,here1n t,hP. above-described tra~~~ of l~nd and ~~irl lanrls Ar~ hereby declarert to be within t,he corporat.e lim'lt,c' c;f th? ',:jt.y of Delray Beach. Floridfl, S.~:LiQ.rL_:;L." That, :=,ection ;)0-2:1 of t.he ?,-,ning Code has been followed in the estRbljshmen~ of a zoning classification in this ordinance and the tr~c~ of l~nd hereinabove de5crib~d sa Parcel "A" is hereby d?clared t,o be in Z,:,ning District. R-1A (Single Family Dwellj.ng) a~ defjned hy existing ordinances of the City of Delray Beach. FloridA Q!:u,_lQILA.__ That, ~=,p:ct,inn :Hl-?:; of t.hp. Zoning C,)de has been followed ion ~he e~tabli5hm~n~ (;f ~ ~onin~ rlassifination in this ordinance and the trart of land hereinabove descrjbed as Parcel "B" is hereby declared t,(; be in Zoning Dist.rict. ART (Agricultural Residential Transit1on8l) as defined by existing ordinances of the City of Delray Beach. Florlda. E'~Gt~LQn,_f)" That, t,he .land herein.8.bove described shall irnmerljEi.t.elv become ,snb,iect. t.o .:;11 elf t,he. fr'::;'!1chisp.p,. privileg-p:5. immunities, debt,s. nblig~~jnns. liabilit,jes.. ordinances and laws to which lands in the City nf Delr~y Beach are now or may be subjec~ed and persons residing t,hereon shall be deemed citizens of the City (If Delrav B~BCh. - 3 - Ord. No. 62-88 S~~~ion R That this annexati(JIl of the subject, proper- ty. including adjacent roads. alleys. or the like. if any. shall not be deemed accept.ance by the City of .3ny maintenance res pons i- bility for such roads. alleys. or the like, unless otherwise specifically ini t,iated by tr,e City pUrS1H'IDt. to Cl).rrent, require- ments and conditions. Se~tion 1. That all ordinances or parts of ordinances in conflict herewith be. and the same are hereby repealed. Se~tinn e.~ That should any s20tinn or provi~i0n of this ordinance or any portion therAof. &l)Y paragraph. senten~~. or word be declared by a Court of compet.ent. jurisdict,ion to be invalid. such decision shall not affect the validity of the remainder hereof as a whole or part. t,hereof at. her than the part' declared to be invalid. B,pc;:UDIL-8". That t,hi~, o.rctinan~A 2.h.'::I11 become effect,ive immediately upon pa~,5age on secc::nd and fin;:;1 reading. PASSED final reading on ANn ADOPTED in t,he rp~ll]ar ~e55ion on day of _.._ .._,,_ .m.___.._ second and 198.'1, t,his MAY 0 R ATTEST; City Clerk First. Reading ___ Second Reading .__.. - 4 - Ord. No. 62-88 . ORDINANCE NO. 63-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE cITY SF DELRAY BEACH THE EAST HALF OF LOT 5 'LESS ~HE NORTH 25 FEET THEREOF AS ROAD IiIGHT-'j;;'-WAYi CiF :3ECTION 20, TOWNSHIP 46 SOUTH. RANGE 43 EAST, DELRAY BEACH, PALM BEACH CCJfJNTY, FLOR IDA, WH ICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF S,W, 10TH STREET AND S.W. 4TH AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING,FOR THE ZONING THEREOF TO CF (COMMUNITY FACILITIES) DISTR rCT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE, the Delr~y Be~ch Fncl~ve Act, Ch~pter ~h-427, Laws of providing for the ~nnexation of enclav~s within the boundaries of tbe City of Delray Beach; and, WHEREAS. the Legislature of the State of Florida passed B'lorida. general WHEREA:3, purSllant to th.. Delr~y Beach Enclave Act, the t';ity of DelrFlY BeFlch called for a referendum of those quaUfied electors within the City of Delr~y Beach and the enclaves that would be sub.iect t.o annexat,ion Imder t.he Act., with said referen- dum held on November 4, 1986, in conjunction with FI general election for PFllm Beach County. Florida; and, WHEREAS, th.. refet'endum he ld on November 4, l!iR6. was approved by a singl~ majority vot~ of ~~id qualifi~d electors; FInd, WHEREAS, the City of Delray B~ach h~s prepared an Enclave R~port outlining the City's plan for tmplementFltion of the Delray BeFl~h ~nclave Act, which identifies sixty-five (65) enclaves eli.,.ible for annexation pUrS1ll'lnt to t.!le 1\ct.; and, . ~ WHEREAS, the City of authorizerl to ~nnex lands in Enclave Act,. Delray Beach has h~retofore ~ccordanee with the Delray been Beae h NOW. THEREFORE, BK IT ORDAINED BY THE CITY COUNeTL OF THE CITY OF DELRAY BEACH, FLORIDA. AS FOLLOWS: ~1J.s.m L. That the Gi ty Goune il B~ach. Palm Beach County, Florida, hereby the following described land located in Florida, whieh lies contiguous to said City of the City of Delray annexes 1'.0 said Ci t.y Palm Beach County, t'J-wit: The East Half of Lot 5 (less the North 25 feet thereof as road right-of-way) of Section 20. Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida. The sllbject property is located at "t,he S011thwest corn~r of th~ in~er5~c~ion of S.W. 10th Str~et FInd S.W. 4th Avenue. The above described parcel contains a 9.3 acre parce 1 of land. more or less. 37 Sect,inn 2, ThAt the bnl.lndaClAs '-jf ...,he (~i+:.? ot Delr:~y Beach, Florida. ,'3_re hereby r~dFaftn~d to in.elude thecein t.he above-described tr"-ct. of land O'Ind 8,,-id Land is h<>'l:"<>.hv (}"8lared to be githin the corp()rat,~ l1mi_t~ (,f t.he C\i.V lyE DelrBv B~~ch. Florida, Sp-ct.i()n. ~1.:..-. Th.:=ti, ~=,p(",T.i,-jn ~n-:?l -)f t,h~ ~()ning Code has been followed in t.he ",st..",bli,o;h'"..nt. of ." ?,"njn~ 1:'1O'lssification in this ordinance and t.he tr"8t. c,f land h...reinabove described is hereby declared to b<>. in Zoning Dist.rict CF CCommunit.y Facilities) as defined by existing ordinances of the City of Delray Beach, Florida, RectioD-A_ That the land hereinabove described shall immediately become subject to ,,-11 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 and persons residing th<>.reon shall be deemed citiaens of the City of Delray Be"ch. a.~"tjnn.5.... That t.rti.s O'InnAxat.icn ()f t.he subject proper- ty, in81uding ."\c!j""ent roads. atlAYs. or h<>. like, if any, shall not be de..med aCl:'eptanc<>. by the Ci.1:.y of '''''I maintenance responsi- bility for such roads, all<>.ys, or th<>. :tk<>., unless otherwise specifically init.i."-t.ed by th<>. City pur5""nt. to current require- ments and cond i t. ions. Se.c:t.i.Q1LfL, That."ll orrlinanc...s or part." of ordinances in conflict herewith he, and the same O'Ire hereby repealed, Sect,ion 7, That shOllle! ."ny s<>.ct.ion 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 t.he validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid, Section 8~ That this ordinance shall become effective immediately upon passage on second and final reariing., PASSED AND ADOPTED in final reading on t.his the ____ r<>.gular 3e5310n on second and rial' of ___._____, 1988, MAY iJ R ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 63-88 ORDINANCE NO. 64-8B AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 21, TOWNSHIP 46 SOUTH. RANGE 43 EAST. DELRAY BEACH. PALM BEACH COUNTY, FLORIDA. WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY: SAID LAND IS LOCATED BETWEEN U.S. HIGHWAY NO, 1 AND THE INTRACOASTAL WATERWAY, APPROXIMATELY 660 FEET SOUTH OF S,E, 10TH STREET: REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND: PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND: PROVIDING FOR THE ZONING THEREOF TO CF (COMMUNITY FACILITIES) DISTRICT: PROVIDING A GENERAL REPEALER CLAUSE: PROVIDING A SAVING CLAUSE: PROVIDING AN EFFECTIVE DATE. WHEREAS. the Legislature of the State of Florida passed the Delray Beach Enclave Act, Chapt.er 86-427, Laws of Florida, providing for the annexation of enclaves within the general boundaries of the City of Delray Beach: and. , Ci t,v of electors would be dum held election WHEREAS. pursuant to the Delray Beach Enclave Act. the Delray Beach called for a referendum of those qualified within the City of Delray Beach and the enclaves that sltbject to annpxation under the Act. with said refer~n- on November 4, 1986. in coniunct.ioli with a general for Palm Beach County. Florida: and. WHEREAS, the referendum held approved by a single majorIty vnte ()f and. on Novembr=or 4, 2;;1jcj ~iJ,slifieij 198R. was eleC't,c,rs: WHEREAS, the City of Delray Reach has prepared an Enclave Report outlininp the City's plan tor implementation of the Delray Beach En~lave Act. which identifies sixty-five (65) enClaves eligible fo.r annexation pursuant ~r ~rl~ Act: and. WHEREAS. the City of authorized to annex lands in Enclave Act; Delray be~;-.h h:;~', a.c(:ord8n,-~:{; ~Jt,h hF"ret,cJfore the [;~ 1 ray b~en Beach NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLUR IDA, AS FOLL()\,:='.: Sp.ct.ion_-L,__ That. the Cit,y Council Beach, Palm Beach County, Florida, hereby the follOWing described land located in Florida. which lies contiguous to said City nf the Cjty of Delray annexes to said City Palm Beach County. to-wit,; The Model Land Company's Subdivision of the West. Half (W 1/2) of Lot 1i (]es,'; t,ne Flc,rida Inland Navigation District Canal Right-Of-Way) and Lot 27 in DB~41P67. Block 2. of Section 21, Township 46 South. Range 43 East, Delray Beach. Palm Beach Countv, Florida. The subject proper~y is locat~rl hp~ween (1.5. Highway No. 1 and t,hp Intr~~oAst~l Waterway, approxim~teJy RAG fep~ BGlJtt1 .if g, E. 10th ~':'t,r~At.. 3t The above descrihed parcel contains a 4.09 acre parcel of land, more or less. S",ct,ion 2. That t.he boundaries of t.he Ci t.y of Delray Beach, Florida, are hereby r",c1efined to include therein t.he above-described tract of land and said land is hereby declared to be wi thin the corporate 11 mit,2. of t.he C i t.y of Delray Beach, Florida, Seccti.QD_3,._ That. :=,ect.ion 31)-23 of the Zoning Code has been followed in the establi~hment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District CF (Community Facilities) as defined by exist,jng ordinances of the City of Delray Beach. Florida, S~:tiQn..A.._ That t,he 18nd hereinabove described shall immediately become subject. t.Q al 1 of the fran0his",s, privileges, immunities, debts, obligat.ions, liabilities, ordinances and laws to which lands in t.he Gi c.V of Delray Beach are now or may be 2.ubject.ed and per:'5,ons residi,ng t.hereon shall be deemed citizens of the City of Delray Beach, :',ect.iD1L.2L That. t,hi,'. annexat,ion of the subject proper- ty. including adjacent. road2., alleY5, or t.he like, if any, shall not be d~E':med accept,ance by t.he Ci t,y of any maint.enance res pons i- bilit,y for ;:-',llrh rO.3d:=;, r.dl.eY~." (;1' the like. unle5~, ot,herwise specifically initiated by the City pUr~l]an~ to current req'lirp- ments and condjtions. SF:Dt.JDn_j2~ ThaT, all nrdinances or part,s of ord:i.nances in conflict herewit.h be, and t.he same are hereby repealed. 2&-clii::,u._'L That. should any 2.ect.ion or provision of this ordinance or any port.ion t.hereof, any paragraph, sentence, or word be declared by a Court of competent. juri2.diction t.o be invalid, such decision shall not affect t.he validity of the remainder hereof as ., who Ie or pa rt. thereof other' t.han the part. declared to be inval'd. Sect.ion.lL.. That. t.hif; orclinance sha] J hecome effective immediat.ely upon paS2,age on 2.econd and final reading, PASSED AND ADOPTED final reading on this the in regular session clay of ___,___~__ on second and , 1988, - _.---- --"" ~ -., -...---------- ------------- MAY 0 R ATTEST; Ci t,y Cler}~ First Reading ___ ,__ Second Reading _._'__ ---- .2- Ord. No. 64-88 ORDINANCE NO. 65-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 48, DELRAY BEACH SHORES. A SUBDIVISION AS RECORDED IN PLAT BOOK 23, PAGE 167, IN THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORTDA. WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE SOUTH SIDE OF BROOKS LANE. AT THE WEST END OF SAID STREET, LYING EAST OF AND ADJACENT TO THE INTRACOASTAL WATERWAY: REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND: PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND: PROVIDING FOR THE ZONING THEREOF TO R-]AA (SINGLE FAMILY DWELLINGI DISTRICT: PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE: PROVIDING AN EFFECT IVE DATE. ,. ~ WHEREAS. ~he Legislature of ~he S~ate of Florida passed t.he Delray Beach Enclave Act, Chapt.er 81:>-427, Laws of Florida, providing for the annexation of enclaves within the general boundaries of t.he Ci t,y of De 1 ray Beach: and. r I WHEREAS. pursuant to the Delray Beach Enclave Act. the City of Delray Beach called for a referendum of ~hose qualified electors within ~he City of Delray Beach and the enclaves that would be subject to annexation under the Act. with said referen- dum held on November 4, 1986. in conjunctIon with a general election for Palm Beach County. Florida; and. WHEREAS, t.he referendum held on November 4, 19P.6, was approved by fi 5ing]e:.. rll;:ijor.it.y vote of f-,Bi.d CilL~l ifi~d !7':]e:..r-t,(1re:: and. WHEREAS. ~he City of De]ray Beach has prepared an Enclave Report outlining the City's plan for implementation of the Delray Beach Enclave Act.. which idpnt.ifieo. sixt.y-five (6f,) enclaves eligible for annAxat.ion pllrsuant t..., r.he Act,: and, WHEREAS, the City of authorized to annex l~nd~ it\ Enclave Act" Delray R..ach has .h..ret,ofore been' Arr~~rl~n~e Qj~tl the DelrRY Reach NOW, THEREFORE. BE IT ORDA TNED BY THE CITY COUNC n. OF THE CITY OF DELRA Y BEACH. FLOB rDA. At. f'();"L:M;".; SA(".;ti(ln~ That. the Cit,y Councj.J Beach. Palm Beach Count,y. Floridb.. hereby the following described land located in Florida, which lies contiguous to said City of ~he City of DA]ray annAxes to said City PaJ.w Beach County. t.o- wi t.; Lot 48. DELRAY BEACH SHORES. a Suhdjvision as recorded in P1Rt, Bc,o}: ~~~. F'a~f-; 167. in t,he Public Recordc, of Palm Reach r.ount.y, Florida. The slJhject property 15 side nf Brooks LRne. R~ street. lying east of Tntra~oast,Bl Waterway.. locat.E-:c1 ,-lfj the t.he we?t And of and ad j.3Cent, t.() ~,out.h 58.1d t.he The r1b(lVf> d~~',(":rjhed p;,rcel r:(l{lt,,.,in.s a 0.27 acre p8ri~~1 of land, morR Gr lp~~. "3~ Section 2~ That the boundaries of the City of Delray Beach, Florida. are hereby redefined to inrlude therein t,he 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 3ection 30-23 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the t.ract. of land hereinabove described is hereby declared to be in Zoning Dist.rict. R-IAA (Single Family Dwelling) as defined by existing ordinances of the City of Delray Beach. Florida, Section ~ That the land hereinabove described shall immediately become subject. t.o all of the franchises, privileges, immunities. debts, obligations, liabilities, ordinances and laws to which land~. in t.he City of Delray Beach are now or may be subjected and persons res id ing t.hereon ".ha 11 be deemed "i tizens of the Cit,y of Delray B",,"cr,. 5~_tiD.rLf'~ That thi". annexat.ion of t.he subject proper- ty. including adjacent roads, alleys. or t.h" like, if any, shall not. be deemed accept.anre by t.he City of any maintenance responsi- bili'ty for such roads, alleys. or the like, unless otherwise specificallY ini t.iat.ed hy the City pursuant. t.o current. requir",- mente-. and conditions. s",ct.ciQIL.JL That. all ordinances or part.". of ordinanceE' in conflict herewith be, and t.he same are hereby repealed. Sert.ion.l.... That should any ",ert.ion or provision of t.his ordinance or any port.ion t.hereof, any paragraph. sent.ence. or word be declared by a Court. of competent jurisdict.ion t.o be invalid. such decision shall not affect. the va1idit.y of t.he remainder hereof as a whole or part. t.hereof ot.her t.han t.he part declared to be invalid. Section 8. That. this ord inal)ce s ha 11 become effect,i ve immediately upon paSE;age on second and final reading. PASSED AND ADOPTED in final reading on t.his t.he __._'_'_' regular se~,~,ion day of on second and . 1988, _._. .________._._n. _.,.____________ MAY 0 R ATTEST: Cit.y Clerk First Reading Second Reading - 2 - Ord. No. 65-88 Ii I ORDINANCE NO. 66-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 21. IN PART. AND SECTION 28, IN PART. TOWNSHIP 46 SOUTH. RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY: SAID LAND IS LOCATED DIRECTLY EAST OF THE INTERSECTION OF STATE ROAD AlA AND LINTON BOULEVARD. BETWEEN STATE ROAD AlA AND THE ATLANTIC OCEAN: REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND: PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND: PROVIDING FOR THE ZONING THEREOF TO RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT: PROV IDING A GENERAL REPEALER CLAflf',E: PROVIDING A SAVING CLAUSE: PROVIDING AN EFFECTIVE DATE. WHEREAS, the Legislature of the S~"~e of Florida passed the Delray Beach Enclave Act.. Chapt.er :-lR-4?'I, Laws of Fl()rida, providing for the annexation of enclaves wit.hin the general boundaries of the City of Delray Beach; and. WHEREAS. purSuClnt, t.o t.he DelrClY B8ach B:nclave Act. t.h", City of Delray Beach called for Cl referendum of tho"", qua li fled electors within the Cit.y ()f Delray Reach and t.t", enclaves that would be subject to annexation under the Act, wit.h said referen- dum held on November 4. 1986, in conjunct.ion wit.h " general elect.ic)n for Palm Beach County, Florida: and. WHEREAS. t.he referendum held on November 4, 1986, was approved by a single majorit.y vot.e of ~.Aid qlJi';] ifi"'d A1A<~t.ors: and. WHEREAS. the City of Delray BAach has prepared Cln Encl.'jv~ Report. OlJT,1i.nll1g t.hA Cit.y's pJ.~n fnr trnplernent.,t,inn ofl t.he [Jelr.~y BeClch Enclave Act.. which identifie? sixt.y-five (65) enclaves eligibl.A for annAxa~jon pursuant ~0 thp Act: anrt. WHEREAS, the Cit.y of aut.horiz.ed to annex lands in En0lClve Act. DeJray Beach has heret.(;fore accordance with the Dp,lray been Be~ch NOW. THERRb'ORR. BE IT ORDA INb;D BY THR r. TTY COflNC II, OF THE G ITY OF DEL RA Y REACH, F'!.OR IDA, AS F()[, [,UW:-:;: Q!~.Qt.iQ.n._J.. That t.he Cay Council Beach, Palm Beach County, Florida. hereby t.he fOllowing described land locat.ed in Florida, which lies contiguous to ~ald Cit.y of t.he City of Delray annexes to said City Palm Beaoh Count.y, t.o-wi t: The South 100 feet. of Government. Lot. 4 lYing east of State Road AlA. of Section 21, Township 46 Sout.h, Range 43 East.. PCllm Beach Count.y, Florida: toget.her with, The North 150 feet. of t.he Sect.ion lying between t.he Easterly right.-of-way of State Road AlA and t.he Atlantic Ocean, of Section 28. Township 46 Sout.h, Range 43 East., Palm Beach Count.y. Florida; toget.her wit.h, I II I' !I ~o The South 100 feet of the North 250 feet of the Section lying between the Easterly right-of-way of State Road AlA and the Atlantic Ocean, of Section 23, Township 46 South, Range 43 East, Palm Beach County. Florida. The suhject property is located directly of the intersection of St~te Road AlA Linton Boulevard. between State Road AlA the Atlantic Ocean, p.ast, and and The above described parcel contains a acre parcel of land, more or less. ,3,09 5~.<::'~ti9JL.2..._ That the boundaries of t.he Cit.y of Delra.y Beach. Florida.. are hereby redefin",d t.o includ", t.herein the abov",-described tract of land and said land is hereby declared to be within the corporate limits of th", City of Delray Beach, Florida. II !, Q.er':.t.LQn__,3.-,_ That Section :30-23 of the Zordng Code has been followed in the establishment of a 20niflg ola8sification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District RM-15 (Multiple Family Dwelling) as defined by existing ordinances of the City of Delray Beach, Florida. B~J'::l,j.Q..(1-,-_A.",- Tho.t th~ 1,:1, nd hf; r'e, 1 na. bov~ cle;:;c~.,.' i hed ~; h.3 J J immedia~ely become suhject to all of the franchj.ses, privileges. immllnjties. debts. obligations. liabilj,tj.es. ordjnancRs and 1_~W5 to which lands in the City of Delray Reach are now or may be slJ.bjected and persons residing thereCln 2,h,sJl be deernec1 ()itiz~ns of the City of Delray Beach, 5f'",ctJ..QJLlL_ That this annexation of t.he subje':>t, proper- ty, including adjacent roads, alley,>, or the lll,e. if any. shall not be deemed acceptance by the City of any maintenance responsi- bility for such roadA, alleys, or the like, unless otherwisej specifically initiated by the City pursuant to current require- ments and conditions, S~ctJ.,,-n~J3..~ That all ordinances or part.s of ordinances in conflict herewith he. and the same are hereby repealed. Q.e.QIJ..QJL.7~ That should any sect. i on or provis ton of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurtsdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than t.he part declared to be invalid, SecttoLL That this ordinance s,Jall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in fInal reljdidg on thiE' t.he regula.r day of f;e~~s ion on ;:'jeC!ond and 1988. -, ,.-.------ ',_. ~- ~------- . - ---_._-_._--,-~----- M II Y 0 R ATTEST: --~---------,._-.------- -- --.-------. -_.,- City (;lerk First Reading '_'__._.__,,_. .___.__u..., Second Read i ng _________...., u "u'_,,,_ ,', ORDINANCE NO. 67-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM 'BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED DIRECTLY EAST OF THE INTERSECTION OF DEL-HARBOUR DRIVE AND STATE ROAD AlA, BETWEEN STATE ROAD AlA AND THE ATLANTIC OCEAN; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO RM-15 (MULTIPLE FAMILY DWELL ING) DISTR ICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, t,he Legislature of the Stat.e of Florida passed the Delray Beaoh Enclave Act, Chapter 86-427, Laws of Florida, providing for the annexation of enclaves within the general boundaries of the City of Delray Beach: and, WHEREAS, ~lrsuant to the Delray Beach Enclave Aot, the City of Delray Beaoh called for a referendum of those qualified electors within the City of Delray Beach and the enclaves that would be subject to annexation under the Act, with said referen- dum held on November 4, 1986, in conjunction wi t.h ,3 general election for Palm Beach County, Florida; and, WHEREAS, the referendum held on'November 4, approved by a single majority vote of said qualified and, 1986, was electors; WHEREAS, the Ci t,y of Delray Beach has prepared an Enclave Report outlining the City's plan for implementation of the Delray Beach Enclave Act: which identifies sixty-five (65)1 enclaves eligible for annexatlon pursuant to the Act; and, WHEREAS, the City of authorized to annex lands in Enclave Act, Delray Beach h,~,s heretofore accordance with the Delray been Beach NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS: :kQ.:t.i.NLL. Tbat, the City Counci 1 Beach, Palm Beach County, Florida, hereby the following described land located in Flori da, which lies contiguous to sa id Ci.t.y of the City of Delrav annexes to said City Palm BeRch County, t.o-wi t.; The South 100 feet of the North 570 feet. of t.he Section lying between the Easterly right-of-WRY of State RORd AlA and the Atlantin Ocean. of Secti,on 28. Township 46 South, Range 43 ~ast, Palm Beach Coun~y, Florida; together with, Tbe South 200 feet of the North 770 feet. of the Section lying between the Ea~terly right-of-WRY of State Road AlA and the Atlantic Ocean, of Section 28, Township 46 South, Range 43 East, PRIm BeRch County, Floridl'\. '-1-1 :,. The subject property is located directly of the intersection of Del-Harbour Drive State Road AlA, between State Road AlA the Atlantic Ocean. east. and and The above described ,parcel contains a 2,7 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 Delrav Beach, Florida. S-.-eQt,iQn..3..,... That Sent,ton 311-~~3 of t,hA 7,(in; n.!? COdA has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District RM-15 (Multiple Fa~ily Dwelling) as defined hy existing ordinances of the City of Defray Beach, Florida. i'3.e.c:t.i9rLA.._ That the Jand !',ereinabove descrihed <.nall immediat.ely become suhject. to all of the franchi".o>.s, privileges, immunities, debts. obligations, liahilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected and persons residing thereon shall be deemed citizens of the City of Delray Beach. Sect.l.9.IL-5..,. That this annexation of the subject proper- ty, including adjacent ro",ds. a.lleys. or t.ho>. like, if any, shall not, be deemed acceptance by t.he City of any maintenance responsi- bility for such roads. alleys. or the like. unless otherwise "'pecifiC.'llly init,iated hy the City pursuant 1'.<) current require- ments and conditions. ~'t..iQrL1L. That all ordl nances or part.s of ordinanco>.s in conflict herewith be, and the same are hereby repealed. Se<:'..t.iQll_3_.. That should any so>.cti.on or provision of I this ordinance or ",ny portion thereof, any paragraph, sentence, or word be decJa~ed by a Court. of compet.ent, jurisdict.ion t,o 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. Secti.Qu....E.. That. t.his ordinance ",hall become effect,i.ve immediately upon passage on second and final reading. PASSED AND ADOPTED in final reading on this the ____ reg1llar session nn second and day of _....._______.__.._____"__,. _' 1988. MAY 0 R ATTEST: --------'----..----.-----.."---,....---- Ci t,y Clerk First Reading ~_____._ Second Reading_______ _____ - 2 - Ord. No. 67-88 ORDINANCE NO, 68-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DEL RAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED BETWEEN STATE ROAD AlA AND THE ATLANTIC OCEAN. APPROXIMATELY 1,470 FEET SOUTH OF THE INTERSECTION OF LINTON BOULEVARD AND STATE ROAD AlA; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE: PROVIDING AN , EFFECTIVE DATE. II il I' II 1 I WHEREAS, the LegiRJ~ture of the State of Florida passed the Delray Beach Enclave Act, Chapter 86-427, LawR of Florida, providing for the annexation of enclaves within the general boundaries of the City of Delray Beach; and, WHEREAS, pursuant to the Delray Beach Enclave Act, the City of Delray Reach called for a referendum of those qualified electors within the City of Delray Beach and the encJ,aves that would be subject to annexation under the Act, wIth said referen- dum held on November 4, 1886, in conjunction wi tb a general election for Palm Beach County, Florida; and, WHEREAS, the referendum held on November 4, 1936, was approved by a single maJoritv vote of Raid qualified electors; and, WHEREAS, the CIty of Delray Beach hOli; prepared an Enclave Report. outl Ining t.he CIty's plan for Implementat! on of the Delray Reach Enclave Act, which ident.ifiefS sixty-five (65)1 enclaves eligible for annexation pursuant to the Act: and, WHEREAS, the City of aut.horized to am'I'ex lands in Enclave Act, De lray Beach has heretc)fore accordance with the Delr-ay been Re'.lch NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 5.es:::tJ..orL,L_ That. the City Counoil Beach, Palm Beach County, Florida, hereby the following described land located in Florida, which lies contiguous to said City of the Cicy of Delray annexes to said City Palm Beach County, to-wi t: The South six (6) feet of the North 1,476 feet of the Sect.ion lying between the Easterly right-of-way of State Road AlA and the Atlantic Ocean, of Section ~8, Township 46 South, Range 43 East, Palm Beach County, Florl.da. The subject property is located between Stace Road AlA and the Atlantl.c Ocean, approximately 1,470 feet fSouth of the intersebtion of Linton Boulevard and State Road AlA. The above described parcel contains a 006 acre p~rcel of land. more or less. i;2.. 5,=tion....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 limit.s of t.he CH,y of De] ray Beach, Florida. SAq.:t.iQlLJ.~ That Sect. ton 3[)-::~3 of the Zoning Code hac; been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District RM-15 (Multiple Family DWAlling) as defined by existing ordinances of the City of Delray Beach, Florida, 5~.~ti~m.4L, That, the land hereinabove described shall immediately become subject to all of the franchises. privileges, immunities, debts. obligations, liabilitiAs, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected and persons residing thereon shall be deemed citizens of the City of Delray Beach, 3f;n:t.i;;m~,fc,. That t.his annex"t.ion of t,ne ".UhjAct proper- t,y, lncluding "dj8cent. roads, 8] Leys. or 1'.he like, tf any, shal.1 not be deemed a~ceptance by the (~ity of any maintenance responsi.- bilit.y for ".uch roads, 811ey'3. or r.he, 1i\<e. IlnleF;c'. otherwtp.e specifically initiated by the City pursuant to current require- ments and ~onditions, :ie_Q.tjQD_.EL That a11 ordinance~; or part~, of ordinan~e~, in conflict herewith be, and the same are hereby repealed. 2:..~ct..i.Qn~ That, should any f';ect,ion 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 a~ That this ordinance Sh8]] hecome effectlve immediately upon passage on second and final re1'\ding. PASSED AND ADOPTED in final reading on this the ____ regular session day of _._.___._...____ on second and ._.n..~n.' 1988, MAYOR ATTEST: ._____.____.n_m...... .__._.__.,.__._._ .-.-__..__.. City Clerk First. R",ading _..____...._...__m___ S",cond Reading n il 11 II I I I - 2 - Ord. No. 68-88 II. " ORDINANCE NO. 69-88 AN ORDINANCE OF THE CITY COUNCIL OW THE CTTY OF DELRA Y BEACH. FLOR IDA. ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 28, TOWNSHIP 46 SOUTH. RANGE 43 EAST. PALM BEACH COUNTY. FLOR IDA, WHICH LAND IS CONTIGIllJflf, TO EXTf,TTNG MUNICIPAL LIMTTS OF SAID ~ITY: SAID I.,AND lR LOCATED BETWEEN THE INTRACOASTAl, \~ATERWAY AND STATE ROAD AlA. APPROXIMATELY 1,470 FEET SOUTH OF THE INTERSECTION OF LINToN BOULEVARD AND STATE ROAD AlA: REDEFIN1NG THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND: PROYIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND: PROVIDING FOR THE ZONING THEREOF TO RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT: PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAYING CLAUSE: PROVIDING AN EFFECTIVE DATE. WHEREAS, t,he Legislature of the ;c;t,at.e of Florida passed the Delray Bea"h En"lave Act., 0hapt,er 86-4~~?, Laws ()f Florida, providing for the annexation of enclaves within the general boundaries of the City of Delray Beach: and, WHEREAS, pUrf:1)ant to the De J r",y Rea0 h B:ne, lave A"t, t,]le City of Delray Beach called for a referendum of those qualified electors within the City of Delray Beach and the en"laves that would be subject to annexation under the Act, with said referen- dum held on November 4, 1986, in conjunction with a general election for Palm Beach County, Florida: and, WHEREAS, the referendum held on November 4, approved by a single majority vote of said qualified and, 1986. was ~J.ectors; WHEREAS. the City of Delray be3~h has prepared a~ Enclave Report. out.lining the Cit.y's plan for implementat.ion of the Delray Beach ~nclave Act, which identifies sixty-five (65) enclaves eligible for annexation pursuant to the Act: and. WHEREAS, the City of aut.horized to annex lands in Enclave Act.. Delrav Beach has heretofore accordance with the Delray been Beach NOW. THEREFORE. BE IT ORDAINED BY THE CITY COnNCIL OF THE CITY OF DEGRAY REACH, FLORIDA. AS FOLLOWS: S.<;;(~tiQ(Ll. That the Cit,y Counci l Bea"h, Palm Beach County, Florida, hereby the following described land located in Florida. which lies cont.iguous t,o said Cit.y of the City of Delray annexes to said City Palm Beach Count.y, t.o-wi,t: The East. 100 feet of the West 318 feet of the South 100 feet of the North 1,570 feet. of the Section lying east of the Intracoastal Waterway as in OR1828P260. of Section 28, Township 46 South. Range 43 East. Palm Beach County, Florida; together with. ~3 The Westerly 218 feet of the South 100 feet of the North 1,570 feet of the Section lying east of the Intracoastal Waterway in DB994PB2, of Section 28, Township 46 South, Ran~e 43 East, Palm Beach County, Florida; toget.her wit.h,. The West 150 feet of the Easterly 289.14 feet of the South 100 feet of the North 1.670 feet of the Section lying west of State Road AlA, of Section 28. Township 46 South. Range 43 E<:,st.. P,dm Beach County, Flori d.3. The subject property is located between Intracoastal Waterway and State Road approximately 1,470 feet. south of intersection of Linton Boulevard and Road AlA. t,he AlA, the State The above described parcel contains a acre parcel of land. more or less. 1,07 SectLlD1LL. 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. 3~.QliQn...;L That Section 30-23 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning Distri.ct RM-15 (Multiple Fami.ly Dwelling) as defi.ned by existing ordinances of the City of Delray Beach, Florida. BftQ.t.i_Qlt 4. That the land herein"bove described shall immediately become subject to all of the franchises. privileges. immunities, debts. obligations, liabilities. ordinances and laws, t.o which lands in t,he Cit.y of Delr.?y Beach are now or may be subjected and persons residing thereon shall. be deemed ~it,iz~ns of the City of Delray Beach. ~~~t..iQ_n.lL.1-_ That.. this annexat,}(;n of the p,ubj~ct, propl7-.r- ty. including adjacent. roads. alleys, or t.he like, \f <,my, shall not, be deemed accept.arIce by t,he Ci t,y of any maint.enanc~ re.,!;:.~ponf; i- bility for such roads. alleys, or the like, unless otherwise specifically initiated by the City pursuant to current require- ments and conditions, S3c.tiQILEic That. all ordin!'\ncef; or part.s of ordinances in confli.ct, herewit,h be, 8nd t,he f:;.3trIe F;tre h~reby repea led, i2~tiQrLL_ That should any sect. ion or provision of this ordinance or any portion thereof. any paragraph, sent.ence. or word be declarerl by a Court of competent jurisdiction to be invalid, such decision shall not affect the validit.y of the remainder hereof as a whole or part thereof other than the part declared to be invalid. :~C8:,..i.QTl--1i.~ That t,his ordinance !:.hall become effect,ive irnmedi,3.t,ely upon passage on second and fi nal reading. - 2 - Ord. No. 69-88 PASSED AND ADOPTED in regular session final reading on this t.he _"_ day of on second and , 1988. ~1 A Y () F: ATTEST: Cit.y Clerk First Reading _"__"___._...._~_________ Second Re"ding '_"_.m_.__..._.__"_,,,"..._ - 3 - Ord. No. 69-88 ORDINANCE NO. 70-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DEL RAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE WEST SIDE OF THE INTRACOASTAL WATERWAY, BETWEEN LINTON BOULEVARD AND McCLEARY STREET; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO CF (COMMUNITY FACILITIES) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida passed the Delray Beach Enclave Act, Chapter 80-427, Laws of Florida, providing for the annexation of enclaves within the general boundaries of the City of Delray Beach; and, WHEREAS, pursuant to the Delray Beach Enclave Act, the Ci t.y of Delray Beach called for a referendum of those qual if ied electors within the City of Delray Beach and the enclaves that would be subject to annexation under the Act, with said referen- dum held on November 4, 1986. in conjunction with a general election for Palm Beach County, Florida; and. WHEREAS, the referendum held on November 4, 1986, was approved by a single majority vote of said qualified electors; and, WHEREAS, the City of Delray Beach has prepared an Enclave Report outlining the City's plan for implementation of the Delray Beach Enclave Act, which identifies sixty-five (65) enclaves eligible for annexation pursuant to the Act; and, I WHEREAS, the City of Bllthorized to annex lands irl Enclav", Act., Delray B",ach has heretofor", ~~~orrlance with the DeJ.ray been Beach NOW, THEREFORE. BIi: IT ORDA INEI) BY THIi: CITY COUNC IT, OF THE CITY OF DEGRAY BEACH, FLORIDA. AS FOLLOWS: :3.F.:G:t.icw_L. That. th", City Council Beach, Pa 1m Beach County. F 10ri(L~" here by the fOllowing described land located in Florida, which lies contiguous to said City of the City of Delray annexes to said City Palm Beach County, to-wi t: The Easterly 522.57. feet of the North Quarter of the Northeast. Quart,er of t.he Nort,hwest Quarter lYing west of the Florida Inland NaVigation District Canal right-Of-way (less the South 25 feet of the East 131.49 feet and the Northerly 47 feet of the Westerly 53 feet for the road right-of-way in OR2346P784), in Section 28, Towns hip 46 South" Range 43 East, Palm Beach County, Florida. The subject property is located on the west s ide of the Intracoasta I Waterway, hetween Linton Boulevard and McCleary Street. The above described parcel cont.ains a 4.02 acre parcel of land. more or less. 14 Se,,,t.iQJL2..,- Tlv,t the, boundaries (,f the Cit.y of [lelr."y Beach. Fl(lridR. are hereby redefin~d ~n j.ncllJde ~hArAj_n t,he above-des"ribe,d tract of land and said land is he,rehy declared to be within the corporat.e limit.s of t.he City of ne,lra:, Bead1. Florida. :3_~.Qt~lD.n_.3_,. TrJ,:tt, SA0t,ion 30-2:i nt i,he 20n i ng Codp has been followed in the est,ablLc;:~hrnp.Ht of a zoning 0.1.~sf",ificat,ion i..n this ordinan~e and the tract of land hereinabove described is hereby declarAd to be in Zoning Dj.Rtri~t CF ((-~nmmunity Facilities) as defined by existing ordinances of the City of Delray Beach, Florida. !'"ect1Q.D.-A._ TrJat the land hereinabove, descri.be,d f,hall immediately become sllbje,ct. t.o a 11 of the, franchises, prj vi leges, immunities. debts, obligations. liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected and persons residtng thereon shall be deemed citizens of the City of Delray Beach. :;'."o,:I:..i;:;1L fl. That. thts I'lnnexl'lt.',c.n of the sllb,iect proper- ty. including adjacent roads, alleys. or the ltke. if any, shall not be deemAd accep~8nce by the City of &1'IY maintenance responsi- bilit,y for s1)ch road~;. .:51 1 ley::; , or the li.ke. u.nl~~s ot.herwise specifically initiated by the Ctty pursuant to current require- ments and conditions. ;:!.e.c1-1J:J-D-J:L!.-_ That. .5(lJ ordin.9.nCeEi or p8.rt,,~ of ordtnFlnC~f; in conflict herewith be. and the same are here,by repealed. ii.;-cQt,iQr,l....l,_ That should any ".ection or provis ion of this ordinance or any portion thereof, any paragraph, sentence. or word be declared by a Court of competent jurisdiction to be invalid, snch decision shall not affect t.he validity of t.he rema inder hereof as a whole or part thereof ot.her t.han the part declared to be invalid. S_~tj.QnB,.. That this ordinl'lnce shall hecome effective, immediately upon passage on second and final reading.' PASSED AND ADOPTED in f tnal read ing on thi c. t.he .......________ resnlar dl'lY of :=5Assi()n on ~',e(':nnd and 1_9R8, t'l A Y 0 R ATTEST: City Clerk Firs tRead tng ____._ _,_ Second Reading - z - Ord. No. 70-88 ORDINANCE NO. 71-88 AN ORDINANCE OF THE CITY conNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SEr~IoN 28. TOWNSHIP 46 S()(JTH. RANGE 43 EAST. PALM BEACH COUNTY. FLORIDA, WHICH LAND IS C()NTIGUl)(lS TO EXISTING MUNICIPAL LIMITS OF SAID CITY: SAID LAND IS LOCATED ON THE WEST SIDE OF U.S. HIGHWAY NO. 1. APPROXIMATELY 100 FEET SOUTH OF THE INTERSECTION OF LINTON BOULEVARD AND U,S, HIGHWAY NO. 1: REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND: PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND: PROVIDING FOR THE ZONING THEREOF TO SC (SPECIALIZED C:OMMERCIALl DL"TRICT: PllCJVIDING A GENERAL REPEALER CLAUSE: PROVIDING'A SAVING CLAUSF: PROVIDING AN EFFECTIvE DATE. WHEREAS. the Le~i31ature of the State of Florida passed the Delray Beach Enclave Act, Chapter M-427. Laws of Florida, providing for the .annexa t.ion of enc la '.' 's wI t.h in the general boundar ies of the City of Delray Beach: .'i "d. WHEREAS. PUr':'Hl.3nt. t.o t.he D..lray Be.3ch Enclave Act, the City of Delray Beach called for a referendum of those qualified electors within the City of Delray Beach and t.he enclaves that would be subject to annexation under t.he Aut., wit.h said referen- dum held on November 4, 1986, in conjunction with a general election for Palm Beach County, Florida; alld. WHEREAS. the referendum held on November 4, approved by a single majorit.y vot.e of said qualified .and, 1986. was electors; WHEREAS, the City of Delray Beach has prepared an Enclave' Report. outl ining t.hF' (~ity ',,; plan fnr implementation of the Delray Beach Rnrlave Art. which identifiF'5 5ix~y-five (651 enclaves eligible for annexation pl1rSl)~nt ~o the Act: and. WHEREAS. ~hF' ~jtv of authorized to annex lanrls in Enclave Act.. Ufo] ray BeAch h.:1.:::; heret,(")f(-)re arcnrdance ~i~tl ~he Delray OF'F'n Beach NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEA~H. FLORIDA. AS FOLLOWS: :3.e.Q_tL0JL L That the City COllneil Beach, Palm Beach County, Florida. hereby the fOllOWing described land located in Florida. which lies contiguous to said City of the City of Delray annexes to said City Palm Beach County, t.o-wi t: The Revised Plat in PB18P53 of Portions of Sections 28 and 29, Township 46 South. Range 43 East. The South 23.36 feet of the North 237.7 feet (less the Westerly 96.15 feetl, Tract 2-A, lying within Section 28. Township 46 South. Range 43 East. Palm Beach County, Florida: together with, ThF' Revised Plat in FB1BP53 of Por~ions of S~c~inns 28 Anrl ?g, TGwnship 46 SnIJ~h. Rang~ 43 East. The ~':;cJ\lt.h 18. ~)5 feRt, nf r.hp North 214.61 feet tleAS ~he WesterJv ~ti 15 fee~). Tract. 2-A. lyin~ within ~~~e,'''i.i.i"i!l >~8. Tuwnship 46 South. Range 43 East. Palm ~each County. Florida. ~ The suhiec~ property is located on the west side of D,S, HighwAY No 1. ~pproxjmately 100 feet south of the intersection of Linton Boulevard and U.S. Highway No.1. The above described parcel contains a 0.29 acre parcel of 1and. more or less, Sect.iOQ~ 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 Delrav Beach, Florida. :l'=!ltiQn::L, That. Sect. ion 30-23 of the Zoning Code has been followed in the establishment of a zoning classification in t.hi.s ordinance and the '~ract of land hereinabove described is hereby declared to be in Zoning District SC (Specialized Commercial) as defined by existing ordinances of the City of Delrav Beach. Florida. S~Q~~_(;n_ 4__ That, t,he l~,nd her..:.. n~bove described shA.ll immediately become :;:~Ijhiect, t{-j all of the -;-.'f:'anchises, privileges, immunities, dehts, obligations. liabilities. ordinances and laws to which lands in the City of Delrav Beach are now or may be ::~l)bject.ed and per.c::on5 residing 't.hereon :,::hall be deemed citizens of the City of Delray Beach, :ie.ctlsLIL.5....- Th.'\t. this annexation of t.he subject proper- ty, including adjacent roads, alleys. or the like. if any, shall not be deemed acceptance by the City of any maintenance responsi- b11 i ty for ~', u,ch roads, alleys, or t,hA J i ke. unless ot.herwis~ specifically initiaterl hy the City pursuant to current require- ments and conditions, ~LQQ_f3_,_ That a II ordinances or parts of ordinances in conflict herewit.h he, Clnd t.he same are hereby repealed. SeQ_UQIL That should any sect.ion or provision of this ordinance or any portion thereof, Clny paragraph, sentence, or word be declared hy a Court of cornpet",nt. Jurisdict.ion to be invalid, such decision shall not affect the validity of the rem.3.inder hereof at' a whole or part. t.herec,f other than t.he part rtec]ared to be invalirl, :3.e~~j:.:L,OIL!~"._ That, t.his ()rdinance ;:.,hall become effect.i v~ immediately ;;pon pA~sRge on ~ecnnrt Rnd final reading, ~ fin8] PASSRD AND ADOPTED in reading on t.hi" t',he ____~_ regular session on second and day of _.. ~. ______ t~88. MAY () R .- ---'--~._-- --.-"... -,-- ATTEST: (;it,v Clerk "1 rst. Reading Se("~ond Re~d j ng - 2 - Ord. No. 71-88 (iRDINANCE NO. 72-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRA Y ?EACH, nuR IDA, ANNEXING TO THE CITY uF DELRAY BEACH LOTS 1 THROUGH 8, INCLUSIVE r'-","',-' ~l)AD RT:-;HT-OF-WAYI. LOTS 7 THROUGH 13, I NCr,:;:", rVE, AND ABANDONED AVENUE "A" LYINe; :=,j;[JTH 'iF ANI) AD,JACENT TU LUT;~ 6 THRCHJGH 12, INCL[j,o, IVE, BLOCK 33, DEL-RATON PARK, ACCORDING Tu THE PLAT THEREOF RECORDED IN FLAT BUCK 14. FAGE 9, FUBL IC RECORDS OF PALM BEACH CIJUNTY, FLORIDA, WHICH LAND IS CONTIGUOiJ:", TO EXI;",TING MUNICIPAL LIMITS OF SAID CITY: SAID LAND IS LOCATED AT THE NORTHEAST CORNER UF u.s. HIGHWAY NO, 1 AND AVENGE 'A': REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND: PROVIDING FOR THE RIGHTS AND i)BIJIGATIGNS OF SAID LAND: PROVIDING FOR THE ~oNING THEREOF TO GC iC;F:NERAC CC)Mt"lERCTALl DL?,TRICT: Pf"OVIDING A GENERA:' ~',EFEALER CLA[JSE; FROV ING A SAVING CLMJ:",E: PROVID ING AN EFFECT IVE .,ATE, WHEREA2,. the Le~i3lat.Llre of t.Lp. ~'='t,,3tA of Florida passed t,he Delray Beach Encl,qvp Act.. l:h,3pt.er .;,.,,;-427, Laws of Florida, providing for ~he annexation of enclaves within the general boundaries of the City of Delray Beach: and, WHEREAS, pursuant to the Delray Beach Enclave Act, the City of Delray Beach called for a ref8rendum of those qualified electors within the City of Del ray Beach and the enclaves that would hA subject, t.o annexat,ion \lnder t,he Ac:t, , wit,h -3aid referen- dum held on November 4, 1986. in conjun(~tion wrJ th a general election for Palm Beach Counts, Florida: .'lnd, WHEREAS, the referendum I~ld .'=lpproved by a singI;.=;: rna.li:.riLy \f<")r,e of ,3.nd, on No vernber 4. 1986. tJ-3.S p.,si~:j qUCii Lfi.ed ~.lect,or3; WHEREAS. thA ~i~v '-if n~]rRY RARCh has prepRred an Enclave Report" out.linin~ t.riF! (~1t,V .~; pl.'=:In fer irnplArnentat,ion of t,he Delray Beach EnclB.ve ACT.. whjch idenT.l.fi.e~; sixty-five (85) enclaves eligible for Rnnexa~i0n plJrSnant to the Act: and, WHEREAS, the City of authorized to annex lRnds 111 Ene la.ve Act" riB 1. ray Beach has s.c(~~(~,rdance with hp.t"et,ofore the Delray been Beach NOW, THEREFURE, kB: IT ()t!UAINED bY THE I:ITY COUNCIL OF THE CITY OF DELRAY bEACH, b'LuR l.DA , A:", FOl,L,uW~~: S",,,tion ---1~ That the ';i ty Council Beach, Palm Beach Coun~y, Florida, nereby the following rlesnri.bed land lG08terl In Florida, which lies contiguous ~n said City of the City of Delray annexes to said City Pa 1 m Beac h Count.y, to-wi t,: Lots 1 through 6, inclusive (less road right-of-way), Lot,s 7 T.hro!lgh 1:3, inclusive, and Abandoned Av",nue . A" lying snut,h of ",nd adjacent to Lots 6 thr01Jgh 12. inc]lJsive, Blocl-\ 38, DF:L- RATON PARK. ;:;,.:-;c(.rd ing t,o T.he Plat, t,hereof r~(:nr'dpci 1n Plat, B.:-..nk 14. Page :j, Fllbl ic Rec:nrd~', ,-)f PB Lrn f:=;p,,;,,-.h i.~,~)nnT,V. Florida, Thp sl.]h.i~~t, pr'-'p~r~v nori,n~,'=lsi, (,:nrrtpr ,-,! fJ l:=', 1.')\.Bt.Plj nt, .J. Mlgt"tWFt.y. No. 1 T.he .3.nd AVBnlle 'A'. '1-' The above described parcel contains a acre parcel of land, mQre or ~~3S, 1. I) 1 SP~tiG(i; That the bOl;ndarlAs l~f ~he ~i~y of Delray Beach, Florida, ~r~ hereby redefi.nerl to in~111de ~herein ~h~ above-de8~ribed tr~~t ~If land and s~ict land 15 her~by declared ~c' be within the corporate limits of ~he City of Delray B~ach, Florida. 5ft~.t.i0.It_1,-. That ::3ection :30-23 ,~jf T,he Zoning Code h:=ts been followed in ~he establishment of ~ zoning classific~tinn in this ordinance and the tract of land hereinabove described is herehy declared to be in Zoning District GC (General Comm~rcial) as defined bv existing ordinances of the City of Delray Beach. f?lorida. :o,eLt"L:.n 4. ThAT. the land h..rejnahove described shall immerttately he~nm~ suhject tn Rll of the franchises, privileges. immilnities. rl~h~s. 0hliga~ic)ns. li~bili~i~8. nrdinan~es and laws to which lands in ~he City of Delray -,Ach are now or mRY be sl)b.iec~ed ~nct p~r~ons residing thereon ~h~ll be deemed citizens of ~he City ,)f ne]r~y Bea~h. ~3s:..G_T;i,Cjn__5_.__ Th.3t. t.his a.nnex~t,i(;n of t,he subject proper- ty. including Oldjacent~ roads. alleys, or t.he like. if any. shall not be deemed acceptance by the City of any maintenance responsi- bilit.:v for ::',l~c:h ro.-:tds. alle~n3, or i.he lit~p:. unless nt,herwise ?pec:_ific.~.ll:l initiat.ed by the Cit.y plJr~.l];;inT, i,() currenr. reqllire- m~nt~ Rnd ~onditions. ;::',~!:.r,5-QIL_6_. That. alJ. ()rdirl.'=:!rtCF!S ':-jr p:~rt.s of ordin.'1nce~, in conflict hAreYith be. and th.. same are hereby repealed. Q.ection "(. That should any section or provision of this ordinance or any portion thereof. any paragraph, sent..nce. or yord be declared by a Court of competent jurisdiction to be invalid. snch deci~.jon shall not. affect t.he validit.y of the remOlinct..r hereof olp. " yhole or part t.hereof c;t.her than the part declared tn be inv~lid. :=;;;'cti.nrLiL, Thi'lt. this orct i nAnce c. ha 11 become effect,i ve immediately upon passage on g~cond and final reading. PAS:~ED AND final reading 0n this ADOPTED in regular s..ssion t.he __ day of on second .~nrl 1 ~j88 . ---.----- - ----.---.-------------.----.------.---- MAY 0 R ATTEST: City Clerk Fir~t Re~ding ___ :~;~C'<"nd Readi:n~ - 2 - Ord. ~o. 72-88 ORDINANCE NO, 73-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 7, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY: SAID LAND IS LOCATED ON THE WEST SIDE OF DAVIS ROAD, BETWEEN THE L-38 CANAL AND RAINBERRY ESTATES; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND: PROVIDING FOR THE ZONING THEREOF TO ART (AGRICULTURAL RES !DENT IAt, TRANS IT TONAL) DISTR ICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE: PROVIDING AN EFFECTIVE DATE, WHEREAS, the Legislature of the State of Florida passed the Delray Beach Enclave Act, Chapter 2~-427, Laws of Florida, providing for the annexation of enclaves within the general boundaries of the City of Delray Beach: :onel, WHEREAS, pursuant to the Delray Beach Enclave Act, the City of Delray Beach called for a referendum of those qualified electors within the City of Delray Beach and the enclaves that would be subject to annexation under the Act, with said referen- dum held on November 4, 1986, in conJunct.ion with a general election for Palm Beach County, Florida: and, WHEREAS, the referendum he ld on November 4, 1986, was approved by a single majority vot.e of said qualified electors; and, WHEREAS, the City of Delray Beach has prepared an Enclave Report outlining the CitY'5 plan for implementation of the Delray Beach Enclave Act, which ident.ifies sixty-five (65) enclaves eligible for annexation pllrsuant t,() th", Act; and, WHEREAS, the City of authorized to annex lands in Enclave Act, Delrav Beach has heretofore accordance with ~he Delray been Beach ~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Qe.ction 1., That, the City Council Beach, Palm Beach County, Florida, hereby the following described land located in Florida, which lies contiguous to said City of the City of Delray annexes to said City Palm Beach County, to-wi t: . The South 481. 54 feet of the North 596,54 feet of the Westerly 289 feet of the Northwest Quarter (less that part in OR2753P1920 measured as the South 94,66 feet along the west Section Line) of Section 7, Township 46 South, Range 43 East, Palm Beach County, Florida: together with, The South 240.77 feet of the North 355.77 feet of the West 181 feet of the F.ast 1,488 feet of the Northwest Quarter of Section 7, Township 46 South, Range 43 East, Palm Beach Coun~y, Florida: together with, ~7 .! The SOllt.h 240.77 feet of the North .355.77 feet of the West 181 feet of the East 1,307 feet of thA Nort.hwest. Qll,:\rt.er of Section 7. Township 46 South, Range 4.3 East. Palm Beach County, Florida: together with. The West 181 fPAt of the East 2,393 feet of the South 240.77 feet of the North 596,54 feet of the Northwest Quarter of Section 7, Township 46 South, Range 43 East. Palm Beach County, Florida: together with, The South 240,77 feet of the North 355,77 feet of the West 181 feet of the East 945 feet of thA Northwest Quarter of Section 7, Township 46 South, Range 43 East. Palm, Beach Count~. Florida: together with, . . The South 240.77 feet of the North .355,77 feet of the West 181 feet of the East 764 feet of the Northwest Quarter .f Section 7, Townshi p 46 South, Range 4.3 Eae. t., Palm Beach County. Florida: together with, The South 240.77 feet of the North 355,77 feet of the West 181 feet of the East 2,031 feet of the Northwest Quarter of Section 7, Township 46 South, Range 4.3 East, Palm Beach County, Florida; together with, The South 240.77 feet of the North .355.77 feet of the West 181 feet of the East 402 feet of the Northwest Quarter of Section 7, Township 46 South, Range 4.3 East, Palm Beach County, Florida: together with, J The North 355,77 feet of the West 181 feet of the East 221 reet of the Northwest Quarter (les3 the North 115 feet of the Lake Worth Drainage District Lateral Canal .30 Right-of-Way) of Section 7, Township 46 Sout.h, Range 4,3 East, P",llll Beach. County, Florida: together with, The North .355,77 feet of the West 181 feet of the East 583 feet of the Northwest Quarter (less the North 115 feet of the Lake Worth Drainage Di3trict Lateral Canal .30 Right-of-Way) of Section 7, Township 46 South. Range 43 East, Palm Beach County, Florida: together with, The North .355,77 feet of the West 181 feet of the East 1,126 feet of the Northwest Quarter (less the North 115 feet of the Lake Worth Drainage District Lateral Canal 30 Right-of-Way) of Section 7, Township 46 South, Range 43 East, Palm Beach County, Florida; together with, The South 240.77 feet of the North 596.54 feet of the West 181 feAt of the East 1,126 feet nf the Northwest Quarter of Section 7, Township 46 South. Range 4.3 East, Palm Beach County, Florida: together with, - 2 - Ord. No. 73-88 The West 181 feet of the East 1.307 f~et of the South 240.77 feet of the North 596.54 feet of the North~est Quarter of Section 7, To~nship 46 South. Range 43 East, Palm Beach County. Florida: together ~ith, The South 240.77 feet of the North 596.54 feet of the West 181 feet of the East 583 feet of the North~est Quarter of Section 7, To~nship 46 South, Range 43 East, Palm Beach County. Florida: together ~ith. The South 240,77 feet of the North 596.54 feet of the West 181 feet of the East 402 feet of the Northwest Quarter of Section 7, Township 46 South. Range 43 East, Palm Beach County. Florida: together with, The West 181 feet of the East 764 feet of the South 240.77 feet of the North 596,54 feet of the Nort.hwest Quarter of Sectie,,, 7, Township 46 South. Range 43 East. Palm Reach County. Florida: together ~ith. rhe West 181 feet of the East 1.488 feet of the South 240.77 feet of the North 596.54 feet of the North~est Quarter of Section 7. Township 46 South. Range 43 East, Palm Beach County, Florida: together ~ith, The West 181 feet of the East 221 feet of the South 240.77 feet of the North 596.54 feet of the North~est Quarter of Section 7, To~nship 46 South, Range 43 East, Palm Beach County. Florida; together ~ith, The West. 362 feet (If the East 2.212 feet of the South 240,77 feet of the North 596.54 feet of the Northwest Quarter of Section 7, To~nship 46 South. Range 43 East, Palm Beach County. Florida: together ~ith. The North 355,77 feet of the West 362 feet of the East 2,393 feet of the North~est Quarter (less t.h.. North 115 feet of the Lake Worth Drainage District Lateral Canal 30 Right-of-Way) of Section 7, To~nship 46 Sout.h, Range 43 East., Palm Beach County, Florida: together with, The West 181 feet of the East 1.850 feet of the South 240.77 feet of the North 355,77 feet of tile Northwest Quarter of Section 7, To~nship 46 South, Range 43 East, Palm Beach County, Florida: together ~ith, The West 181 feet of the East 1,669 feet of the South 240,77 feet of the North 355.77 feet of the Northwest Quarter of Section 7, To~nship 46 South. Range 43 East, Palm Beach County, Florida: together ~ith, The South 240.77 feet of the North 596.54 feet of the West 181 feet of the East 945 feet of the North~est Quarter of Section 7. To~nship 46 South, Range 43 East, Palm Beach County, Florida: together ~ith, - 3 - Ord. No. 73-88 The West 131 feet of the East 1.850 feet of the South 240.77 feet of ~he North 596.54 feet of the Nor-t:.h<Jest Quarter of Section 7, Township 46 South, Range 43 East, Palm Beach COIJnty. FIGt'i,ja: together with, That part of the Westerly 293,06 feet of the Northwest Quarter measured as the South 94,66 feet of t.he Non.h 596.54 feet along the West Section Line in OR2753P1920 in Section 7, Township 46 South, Range 43 East, Palm Beach County, Florida: together with, The West 181 feet of the East 1,669 feet of the South 240.77 feet of the North 596.54 feet of the Northwest Quarter of Section 7, Township 46 South, Range 43 East, Palm Beach Count.y', Florida. The sllbje<;t. property is located on the west side Gf Davis Road, between ~he L-38 Canal and Rainberry Estates. The above d.escribed acre p~~~~l of land. parcel con~ains a mnre or Ip::=-:s. 29. 19 :~';T.iorL2.~ ThaT. t.he boundaries of the City of Delray Beach. Florid.'l., .'l.re hereby redefined to i.nclude therein the above-described tract of land and SI'Iid land is hereby declared to be wi thin the corporate limits of T.he (: i ty of Delray Beach. Florida. :3,.cT.ic,n....J..~ That :".,.ct.inn 31i-:!:3 of T.he Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the t.ract of land herei.nahove described is hereby declared to be in Zoning District. ART (Agricultural Residential Transitional) as defined by existing ordinances of the City of Delray Beach, Florida, :3ect,ioILL That t.he l,'l.nd hereinabove described shall immediately become SllbjFJct, to all of t,he franchises. priVileges, immunities, debts, obligat.ions. liabilities. ordinances and laws to which lands in the City of Delray Beach are now or may be subjected and pen;ons residing thereon shall be deemed citizens of the City of Delray Beach. -' ... :iectinn 5, That. this .'lnnexation of the subject. proper- t,y. including adj.3'~ent ro."ds, ."lleys, or the like. if any, shall not be deemed accept,ance by t.he City of any maintenance respons i- bility for such roads, alleys, or the like, unless otherwise specifically initiated by t.he City pursuant to current require- ments and conditions, :::;ect,ion Fi. Thl'l,t. all ord inances or parts of ordinances in conflict herewith be. and the same are hereby repealed, ;::;ect.i on 7, That should any section or provis ion of this ordinance or any port.i,)n t.hereof, any paragraph. sentence, or word be declared by a Court of competent jurisdiction to be invalid. such decision shall not affect t,he validity of t.he remainder hereof as a whole or part thereof other than the part declared to be invalid. :".ecT,ion8. That this ordinance shall become effective . immediately upon passage on second and final reading, - 4 - Ord. No. 73-88 PASSED AND ADOPTED in final reading on this the regular session day of on second and , 1988, MAYOR ATTEST: City Clerk First Reading '_ Second Reading _ 1 - 5 - Urd. No. 73-88 [Iry DF DELRAY BEA[H CITY ATTORNEY'S OFFICE "iIIS.1 1,IS1JUI-T,SLll!-t 1J1'1{\'iHI,\(!I.I!O!::'[I)\"..:-;.1 -: (I :' _'~ ;- 'II'!: 1 ': I I ( (JP! I I{ +, I '7 ,.,. ,.,; 5,~ I~EMORANDUM Date: June 6, 1988 '1'0: Ci ty Commission From: Herbert W.A. Thiele, City Attorney Subject: Property Draft of Amendment No. 1 to Delray Beach Golf Course Restaurant and Bar License Aqreement In accordance with my previous memorandum to the City Manager, and the direction provided to the City Attorney's office from the City Commission at your Special Workshop meeting of Friday, May 27, 1988, attached hereto please find a proposed draft of an Amendment No. 1 to the Delray Beach Golf Course Restaurant and Bar License Agreement between the City and Gerald Miller. You will note that this agreement addresses three separate issues. The first issue is the extension of the license agreement so that the expiration date shall be the same as the expiration date in the current license agreement with Franklin Code House for the operation of the golf course itself. The second amendment to this agreement deletes the requirement of the twenty-five thousand ($25,000.00) performance bond, but includes provisions permitting the City to require additional security for faithful performance should we deem it to be appropriate in the future during the course of the license agreement. Finally, the third item provides a paragraph wherein the licensee will be acknowledging the fact that the City is contemplating making certain repairs or renovations to the structure which houses the bar and restaurant facilities, up to and including demolition of the entire structure, and that should such events transpire during the course of the license agreement (including any extension thereto), that the licensee aCknowledges that he has no claim for damages or for lost profits for any interference or interruption in the conduct of the business at the site. By copy of this memorandum to the City Manager's office, we are hereby requesting that this agreement be placed on an upcoming +g City COl1Ullission June 6, 1988 Page 2 City COl1Ullission agenda for your review, direction, and poten- tial approval. In the interim, if you have any questions concerning the content of same, please contact the City Attorney's office. :;r HT:ci Attachment cc Walter O. Barry, City Manager David M. Huddleston, Director of Finance Joseph Weldon, Parks and Recreation Director Gerald Miller, Delray Beach Golf Course, Restaurant and Bar Licensee AMENDMENT NO. 1 TO LICENSE AGREEMENT BETWEEN GERALD MILLER AND THE CITY OF DELRAY BEACH, FLORIDA THIS AMENDMENT NO. 1 is made and entered into on this day of , 1988, by and between Gerald Miller (hereinafter referred to as the "Licensee") and the City of Delray Beach, Florida (hereinafter referred to as the "City"); WHEREAS, Licensee and City have entered into an assignment of license agreement dated June 1, 1987 which license agreement grants to the Licensee permission to operate the restaurant and bar facilities located at the City of Delray Beach Municipal Golf Course; and, WHEREAS, this License Agreement which was assigned to the Licensee has a current expiration date of January 9, 1989 and the parties are desirous of extending said expiration to make the expiration date of this license agreement to be the same date as the expiration date of the license agreement between the City of Delray Beach and Franklin Code House for the operation of the golf course and attendant facilities located at the Delray Beach Municipal Golf Course; and, WHEREAS, the licensee has been unable to procure the performance bond of twenty-five thousand dollars ($25,000.00) required in paragraph 31 of the license agreement, and the City has by execution of this amendment deemed same to be a term and { ; , 1 l t condi tion of the license agreement. which is impossible to perform given the present market conditions for such perfor- mance bonds; and, WHEREAS, the parties hereto wish to amend the license agreement to make the changes set forth above. NOW, THEREFORE, FOR AND CONSIDERATION OF THE SUM OF TEN ($10.00), AND OTHER GOOD AND VALUABLE CONSIDERATIONS AS SET FORTH HEREIN, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED BY EACH OF THE PARTIES, THE PARTIES HERETO AGREE AS FOLLOWS: 1. That paragraph no. of the license agreement between the parties is hereby amended to make the expiration date of said license agreement to be 2. That paragraph no. 31 of the license agreement between the parties is hereby repealed and deleted, and a new paragraph 31 is added to read as follows: The Licensee agrees to procure and maintain an irrevocable letter of credit in the sum of five thousand dollars ($5,000.00) in favor of the City of Delray Beach, Florida, which shall be in a form acceptable to and approved by the City. The City may make claim at any time to said irrevocable letter of credit should the City declare that the terms of the license are not being fully complied with by the Licensee. 2 Furthermore, the Licensee agrees to provide such other security for the faithful performance of all of the terms, covenants, and conditions of this license agreement and for the proper disposition, as therein specified, of all monies collected by the licensee under the terms of this license as the City shall deem, in its sole discretion, to be appropriate during the remain- ing term of this license agreement. 3. That the Licensee aCknowledges that during the term of the license agreement, including the extension thereto set forth in this amendment, that the City of Delray Beach shall be conducting modifications, renovations, or other repairs or demolition to all or part of the structures located at the Delray Beach Municipal Golf Course which housed the restaurant and bar facilities utilized by the Licensee, and that should such actions be commenced by the City, its agents, assigns, or contractors at any time in the future, that the Licensee does hereby acknowledge that the Licensee shall have and does not have any claim against the City, its agents, assigns, or contractors for interference in business, or other damages for interruption of service or interference in the operation of the restaurant and bar facilities, no matter the duration or extent of same. However, the City does agree to use its best efforts to minimize such interruption or interfer- 3 ence in business without waiving its right to partial or complete repair or demolition of the sUbject premises. 4. That this Amendment No. 1 to the license agree- ment shall take effect on the date and year set forth above, and that all other terms, conditions, and covenants set forth in the license agreement between the parties, including the assignment of said license agreement to the Licensee, shall remain unaltered by this amendment, and shall remain in full force and effect. CITY OF DELRAY BEACH, FLORIDA Witness By: Mayor Witness ATTEST: City Clerk Approved as to form and legal sUfficiency: City Attorney GERALD MILLER Witness By: Licensee Witness 4 State of Florida County of Palm Beach I HEREBY CERTIFY that on this date before me, an officer dUly authorized in the state and county named above to take aCknowledgements, personally appeared , known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged before me that he executed the same. SWORN TO AND SUBSCRIBED before me this day of 1988. Notary Public My Commission Expires: 5 ~ [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE 31fl 5.1 l~t SlRLLT, Sl'lll 1 DJ LR,\'l Bl,\C1l. IIORJln J3-1~;.1 4(17,:~4J.711',;[1 ITI J('()PlIR 411?'~n~_I'~_\ Date: ~\.tt.I,,1 . '''; J:'D JUN 8 1988 CITy MANAGER'" O,FFlre Walter o. Barry, City Manager ~ c David Huddleston, Director of Finance 'Cc Joseph Weldon, Director of Parks and Recreation MEMORANDUM June 6, 1988 To: From: Herbert W.A. Thiele, City Attorney Subject: Proposed Draft of Amendment No. 1 to Delray Beach Golf Course Restaurant and Bar License Aqreement Attached please find the draft Amendment No. 1 to the Delray Beach Golf Course Restaurant and Bar License Agreement that I intend to send out with a memo to the City Commission. If you have any comments or suggestions to be included in the amend- ments, I'd appreciate your input as soon as possible so that I can send this out and schedule it for the next upcoming City Commission agenda. )f' HT:ci Attachment [ITY DF DE1RAY BEACH CITY ATTORNEY'S OFFICE 3105.1:. hi STREET, SUITE 4 DU,f(AY Il/-\CIC /-LORID'\ 33483 407/243.7i.J90 TFlTCOPIFR .HI7/27t;-4755 11EMORANDUM Date: ,Tune 6, 1988 To: City Commission From: Herbert W.A. Thiele, City Attorney Subject: Property Draft of Amendment No. 1 to Delray Beach Golf Course Restaurant and Bar License Aqreement In accordance with my previous memorandum to the City Manager, and the direttion provided to the City Attorney's office from the City Commission at your special Workshop meeting of Friday, May 27, 1988, attached hereto please find a proposed draft of an Amendment No. 1 to the Delray Beach Golf Course Restaurant and Bar License Agreement between the City and Gerald Miller. You will note that this agreement addresses three separate issues. The first issue is the extension of the license agreement so that the expiration date shall be the same as the expiration date in the current license agreement with Franklin Code House for the operation of the golf course itself. The second amendment to this agreement deletes the requirement of the twenty-five thousand ($25,000.00) performance bond, but includes provisions permitting the City to require additional security for faithful performance should we deem it to be appropriate in the future during the course of the license agreement. Finally, the third item provides a paragraph wherein the licensee will be acknowledging the fact that the City is contemplating making certain repairs or renovations to the structure which houses the bar and restaurant facilities, up to and including demolition of the entire structure, and that should such events transpire during the course of the license agreement (including any extension thereto), that the licensee aCknowledges that he has no claim for damages or for lost profits for any interference or interruption in the conduct of the business at the site. By copy of this memorandum to the City Manager's office, we are hereby requesting that this agreement be placed on an upcoming . City Commission June 6, 1988 Page 2 City Commission agenda for your review, direction, and poten- tial approval. In the interim, if you have any questions concerning the content of same, please contact the City Attorney's office. ~ HT:ci Attachment cc Walter O. Barry, City Manager David M. Huddleston, Director of Finance Joseph Weldon, Parks and Recreation Director Gerald Miller, Delray Beach Golf Course, Restaurant and Bar Licensee ~. PLANNING ZONING CITY OF DELRAY BOARD BEACH STAFF REPORT MEETING OFlTE: JUNE 20, 1988 RGENDR ITEM: III. C ITEM: CONSIDERATION FOR REZONING FROM RM-I0 (MULTIPLE FAMILY RESIDENTIAL) TO PRD-7 (PLANNED RESIDENTIAL DEVOLOPMENT) FOR DROST AND ROSENFELD ON THE WEST SIDE 8r U8UE1J99B :In.t.rR. ~ RE;wg.EN R9UEU99~ l'\KK~ aUigrTI~I9N _^_~~ l:.^..J:g gil R^Y LAGO DEL RAY PLAT II-A BK.39, PG. 170 @ GENERAL DATA: Owner, . . . .. . . . . . . . .. .. , . . .. .. .. . . .. . , . . Aron Drost and Ronald Rosenfeld Agent.......,....................... . Robert G. Currie. AlA. Currie, Schneider and Associates AI". PA Location., ............. _... .........west side of Homewood Blvd. between Homewood Lakes Subdivision and L4qo Del Ray Property size. ....... .............14.31 Acres (623,483.93 Sq. ft.) City Land Use Plan...............MF-lO (Multiple FamilY-lO units I acre) Existin; City Zoning..... .......RH-IO (MUltiple Family Residential) Proposed Zoning...... ..............PRD-7 (Planned Residential-7 units/acre I ~djacent Zoning..... .............North of subject property is zoned RH-6(Hultiple Family Residential )'. South is zoned RM-lO. East is zoned R-lAA ISin9le Family ReSidential) and West is zoned R-lA. Existing Land Use....., ..........Vacant Land Proposed Land Use...............~ 72 Single family zero lot line development. Water Service................... . Existing 8" water main on the south side of Casa way. Sewer Service......... ..........Existin9 8" sanitary sewer line along Casa way. ITEM: Jff. (; LA CITY COMMISSION DOCUMENTATION TO: ~ER :. BARRY, CITY MANAGER ~~~ VauCIPJ DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: SUBJECT: PLANNING AND ZONING BOARD RECOMMENDATION RE HIDDEN LAKE SUB. REZONING RM-10 TO PRD-7 AGENDA ITEM REGULAR MEETING OF JUNE 28, 1988 ACTION REQUESTED OF THE COMMISSION: acceptance of the Board I s recommendation of approval and d~rection to the City Clerk to prepare the enacting ordinance for first reading and to advertise a public hearing for July 12, 1988 BACKGROUND: The property proposed for rezoning is 14.31 acres and is a residual part of a (former) larger project -- Lago Del Ray. The current zoning of RM-10 has been reflected ~n development plans for the past sixteen years. lt is now proposed to develop the site with single family, zero-lot line homes. Thus, the request to develop under the PRD-7 regulations instead of RM-10. f"'~\ The effect of the rezoning is a lessening of unit count~from 144 to 100. A development proposal of 73 lots is currently under site plan review. Further background information and a complete project analysis is available in the attached P&Z Staff Report. PLANNING AND ZONING BOARD RECOMMENDATION: At its meeting on June 20th, the Board held a pUblic hearing at the conclusion of which th~forwarded the request with a recommendation of approval on a 4-0 vote. At the public hearing, concerns were raised by ref 6th Street (Homewood Lakes Subdivision). Most of j opposition to ~he request were directed toward a occurring with~provision of a greenbelt around the site plan under consideration provides a backyar development scheme. Other ~nquiries pertained to _ traffic. J/ 'I , v I , I . To: Walte~ . Barry, City Manager Re: Planning and Zoning Board Recommen~ation Re Hidden Lake Subdivision Rezoning RM-10 to PRD-7 Page 2 RECOMMENDED ACTION: By motion, accept the Board's recommendation of approval and direct the City Clerk to prepare the enacting ordinance for first reading and to advertise a public hearing for July 12, 1988. Attachment: P&Z Staff Report of June 20, 1988 REF/DJK#23/B:CCHOMEWD.TXT ITEM BEFORE THE BOARD: The action before the Board is that of making a recommendation on a Rezoning from RM-10 (Residential Multiple Family Dwelling District) to PRD7 (Planned Residential Development) for a 14.32 acre site on the west side of Homewood Boulevard, north of Lowson Boulevard. BACKGROUND: A long history exists on this property. It is a part of the original Lago Del Rey parcel which was bounded by Lowson Boulevard on the south, Homewood Boulevard on the east, Dover Road on the west, and Atlantic Avenue on the north. This petition involves 14.32 acres of the above 108 acre tract. The original tract has been divided with an approximate 36 acre parcel and a 72 acre parcel. The 35.6 acre tract located to the north of this petition has been developed as a single family subdivision (Homewood Lakes) under RM-6 Zoning. The remaining 72 acre tract was to have been developed in phases with Phase I consisting of 31.80 acres along Lowson; Phase ll-A of approximately 15 acres to the north of Phase 1; and, the balance as Phase llB, which involves the property under consideration. The 108 acre tract had an original zoning designation of RM-2. On April 25, 1972, a proposal was presented to the Planning and Zoning Board for construction of 1,548 apartment units, an 18 acre commercial tract, and a 150 foot R-1AA single family tract along Homewood Boulevard adjacent to Gulf View Single Family Homes. That proposal was tabled and direction was given to eliminate both the commercial tract and the R1AA single family tract. On June 20, 1972, a request for a special exception (Petition Number 79) to allow 1,608 apartment units on the 108 acre parcel with a proposed density of approximately 15 units to the acre, was heard by the Planning and Zoning Board. That request was tabled and direction given to improve the plan. On June 27, 1972 a revised site plan was submitted and recommended for approval by the Planning and Zoning Board. At the City Commission meeting on JUly 10, 1972, the special exception, (Petition Number 79), along with the attendant site plan, was denied. To: Planning and Zoning Board Re: Agenda Item III.C. Regular Meeting of June 20, 1988 Consideration of Rezoning from RM-10 to PRD-7 of Property Located West of Homewood, South of Homewood Lakes Subdivision (Drost and Rosenfield). Page 2 Another revised plan was submitted and on October 17, 1972. Tha t revised densi ty of 9.6 units per acre (1,200 sUbsequently recommended for approval. the City Commission on October 24, 1972 then reviewed by the Board plan proposed an overall apartment units) and was The plan was reviewed by and was approved. The parcel was sUbsequently divided into phases as noted above. The final plat for Phase I received final Commission approval on July 23, 1973. Minor site plan modifications for Phase I involving reductions in density and reorientation of buildings were reviewed for Phase I by the Planning and Zoning Board on May 30, 1974, March 22, 1977, and JUly 25, 1978. A major modification was reviewed by the Planning and Zoning Board on May 24, 1977 and returned on June 27, 1977 and received City Commission approval on JUly 11, 1977. In June, 1978, modifications for Phase II-A and Phase II-B, which reduced the number of proposed units from 310 to 248, were reviewed. Phase II-A was proposed to have 122 units while Phase II-B, the 14.39 acre tract now under consideration, was proposed to have 126 units. These modifications were approved by the Planning and Zoning Board. The final plat for Phase II-A received City Commission approval on January 14, 1980. A site plan modification was submitted on April 17, 1985, for Phase II-B requesting redesign involving increase of building heights along with increase of open space. The Planning and Zoning Board at it's workshop meeting of May 28,1985 determined the modification to be a major modification requiring submittal of complete plans. The new plans were not received and the request was not pursued. Both Phase I and Phase II-A have developed pursuant to the approved site plan resulting in 288 apartment units in Phase I and 122 units in Phase II-A. The approved site plan for Phase II-B consisted of a total of 126 apartments. The site plan which has been submitted in conjunction with the current rezoning request is for 73 Single Family Zero Lot Line homes. The reason the current rezoning is requested is to accommodate zero lot line development with a minimum lot area of less than 7,500 sq.ft. While RM-10 permits single family development (and zero lot line development), it requires that provisions of the R-1A District be adhered to --- thus, the 7,500 sq.ft. minimum lot size. The offset to the minimum lot size permitted for zero lot line development under the requested zoning of PRD7 is the provision of at least 15% common open space. ~ To: Planning and Zoning Board Re: Agenda Item III.C. Regular Meeting of June ,20, 1988 Consideration of Rezoning from RM-10 to PRD-7 of Property Located West of Homewood, South of Homewood Lakes Subdivision (Drost and Rosenfield). Page 3 ZONING ANALYSIS: The requested zoning classification is that of PRD7 (Planned Residential Development). The current zoning is RM-10. Adjacent zoning is RM-6 to the north, Rl-AA to the east, Rl-A to the west and RM-10 to the south. The application has been assessed under Section 30-23(D) "Standards for Evaluating Rezone Requests". Standard ~l and ~2 -- will the change be contrary to the proposed Land Use Plan or existing Land Use pattern? The Land Use Plan designates the area for medium density multiple family development. The PRD-7 classification is consistent with that designation. The adjacent properties are developed as single family and multiple family with medium range densities. The PRD-7 classification is consistent with that density range. Standard ~3 -- spot zoning? The proposal is not spot zoning in that the proposed designation of PRD-7 is consistent and compatible with the underlying and adjacent RM-10 Zoning and MF-10 land use designation. Standard ~4 -- load on public facilities? This proposal is consistent with the land use designation for which pUblic facilities have been planned. The area currently has access to City water via an 8 inch water main running along the south border of the property under Casa Way, a private street serving Lago Del Ray Phase ll-A. Sewer can be accessed from an 8 inch sewer line also present along the southern border of the site. Standard ~5 -- are current district boundaries illogically drawn? I The requested rezoning area corresponds with the boundaries of the previous Phase II-B tract and, thereby, is not illogically drawn. Standard ~6 -- have changing conditions made rezoning necessary? Other than possible market conditions, no change in conditions has made the rezoning necessary. -. - To: Plannin. and Zoning Board Re: Agenda Item III.C. Regular Meeting of June 20, 1988 Consideration of Rezoning from RM-IO to PRD-7 of Property Located West of Homewood, South of Homewood Lakes Subdivision (Drost and Rosenfield). Page 4 Standard #7 -- will the change adversely affect neighborhood living conditions? The proposal will have no adverse affect in that the proposed use of single family zero lot line homes is compatible with both the single family homes to the north, west, and east as well as to the apartment development to the south. Standard #8 -- will the change create increased traffic? The proposal will reduce traffic impact as a reduction of 50 residential units is proposed. With the present Zoning designation of RM-10 the 14.32 acre site has a maximum development potential of 143 units while the proposed zoning change to PRD-7 has a maximum development potential of 100 units. Standard #9 -- will the change create a drainage problem? This criteria does not apply as the item will be addressed as a part of development plan review. A water body is proposed as a part of drainage retention. Standard #10 -- will the change impact on light and air? This criteria does not apply since the project involves single family lot development for which setbacks and standard development criteria apply. Standard #11 -- effect on property values. This will have little effect on adjacent property values as the proposed zoning designation is compatible with adjacent residential zoning designations. Standard #12 -- deterrent to improvement of adjacent properties. This criteria does not apply as the adjacent properties are. developed. Standard #13 -- special privilege. No special privileges are being given to the petitioner in that the proposed density and type of development are compatible with adjacent development and are consistent with City development regulations. To: Planni, _ and Zoning Board Re: Agenda Item III.C. Regular Meeting of June 20, 1988 Consideration of Rezoning from RM-10 to PRD-7 of Property Located West of Homewood, South of Homewood Lakes Subdivision (Drost and Rosenfield). Page 5 Standard #14 -- can the property be used with existing zoning? The property can be developed under the existing Zoning classification and pursuant to the approved Site Plan for the parcel. However, the proposed development would be more compatible with adjacent uses. Standard #15 -- is the requested change out of scale? The proposed change and potential new development appears to be in better scale with surrounding residential areas than the present zoning. Standard #16 -- do other areas exist with desired zoning, and Standard #l 7 change? sufficient evidence supporting the requested Other areas exist with PRD-7 zoning designations. Though sufficient evidence for a need to change has not been been presented, the proposed zoning change and development of single family homes is more desirable and compatible with adjacent uses than the previously approved apartment units. ASSESSMENT AND CONCLUSIONS: The proposed zoning change and potential development of the property as single family homes is more compatible and desirable than the current approved apartment uni t proposal. The development of the single family zero lot line homes will create a transitional density between the single family homes to the north and the apartment complex to the south. The down side to the request is that the resulting single family lots will be of less area that those immediately to the north. In light of the above, it appears appropriate to recommend approval of the request for a zoning change from RM-10 to PRD-7., To: Plannin~ and Zoning Board Re: Agenda Item III.C. Regular Meeting of June 20, 1988 Consideration of Rezoning from RM-10 to PRD-7 of Property Located West of Homewood, South of Homewood Lakes Subdivision (Drost and Rosenfield). Page 6 ALTERNATIVES: 1. Continue with direction. 2. Recommend approval upon positive findings that the proposed zoning (PRD-7), Planned Residential Development, is consistent with adjacent zoning and complies (does not conflict) with all seventeen Standards for Evaluating Rezoning Requests as found in Section 30-23(D). RECOMMENDATIONS: Alternative No.2 ref:PD#6/A:drost . "'t _' ~" .....:,..-c "-'ORTi'f CiRA,....:.GC DISTRICT CAN"" ,--J 1/; --="' "f" >;.;c.,., '!~. g;> f1 G-:' ~i" :' L-j UL ...... ~ '. -..--'--....:.... ---~-~~,-~-,- JIj'~ ~-:./' 'I r--; ;~ - -...--.-. ~l _.~ .,,~- -~--1 _ '. ~ . , ,.r,~ T . .... - - "=--"'1 Ir ,. r-,,,. "I... '- \ 'l._' _ I" ~jD' '~'~~p' ':11 1:.1_' i.;:~' ,r' ',U ~ .-- - I r /"..r I' 11:1;~1 'IS! \" 'I L.r ; 3'\V"~'->~:"~r-r-.~ I i L .~- · '. ,. ~. ;.( '. - , '-';I~'ff": . I, (I ,~""~' I' ir: " ,~,.'.'" 1,/~~-':.\.if~r-:h't4~l' ~., I '. : /--~ -I.., r--..,. ~'. I ,",:': I I LJ.. ,I I~-- ~,~" " I",~O I ' I ; :.- r'7J",; t --~ ";f/: /'/~cl -. '.; I' "I -----~;r \ r I'r . 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"0- ______ :1: & " " :., 1 ., .,.:....; ~., i __,.:._J, ;.. >:' ----~- ~----_.__._.- ----.--'--- ~ <:l ~ ..., '<:l , <:l . <:l . . r-. , l:> ~,.~ , ~ " :::< '~ l:> ,..... ~~.l~:.:'"'t ~, ", ~. .'..'..1..... ..I '~ , l-.:.&- ! .~ , 1- y-- '! , .. ;L.~:ICr~ II II II II I I II II II II , h. I . 1/ II /// /// S~/;;:;> -- _/ ... "1'1" . _,~"" j(: . .. ."" - .:;-'tJ;:~l..~"lt,:..... ... --- I , . .,.." W I ~.. f" Iv.r'IY '--Hi- " , ,~) ',::L HIGH .,-+--. L-~JSUBp,- - : t- -,1 , ' , . :';::'::=-I~='::f'::=~ li,'lHIGH POlltT I, ,I, I I " 'w 10 21 .. I I ----:;.-__!=_.JI Ir---. ---.--l, II ..J i II )11 ~. 0, I I' I'. I 1_"'-::-"'___1-__11 ' ill -....-11-1--- " . -!' 1, -:1 r' MF.6 MF-6 , . ~;~';\ /;/ }l i/ Ii .. II I' /' -/' OJ -'0 " -..... '- PLRNNING 8 ZONING CITY-OF OELRAY BOARD BERCH STAFF REPORT MEETING DATE: JUNE 20, 1988 ITEM: 1 TEM: III. B. CONSIDERATION FOR ANNEXATION~ CONDITIONAL USE AND INITIAL ZONING OF PRD-L (LOW TO MEDIUM DENSITY PLANN~D RESIDENTIAL DEVELOPMENT) DISTRICT FOR SHERWOOD FOREST GOLF, INC. ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE BETWEEN COUNTY CLU~ ACK~~ ANU rOREST ROAD RGENDR ," GENERRL DATA: O""'ner-.......,.....................,.,.......Sherwood Forest Golf, Inc. A.gent. ........... . . ,...................... .. .Marvin L. Sanders - - Sanders Planning Group. P...... Locatlon.........................south Side of W. ....tlantic Ave. between Country Club Acres and Forest Rd. Prope t ' 7.. r y s~ze...................12.~cres (2,738.617 Sq. ft.) county Land Use Pl.n............Hedium - Medium High Reside:tlal City La~~ Use Plan..............SF (Slnqle Family Residential) Present Zoninq...................AR (Agricultural Residential) County Proposed zoninq.................PRD.L (Low to Medium Density Planned Residential Development) Distr ict ,....., IH~T _ Land Use.................Golf course surrounded by vacant land. Proposed Land Use.................l3l single family detached zero line development surrounding an existing golf course.. Existing Water Service.................. .Existing 8" ....ater main on the south side of W. Atlantic Ave. Service..... . ..... ........... ExistinQ 8" sanitary se....er line on the south side of W. Atlantic Ave. r TEM: :J]I': (3. Se....er ~ ~o CITY COMMISSION DOCUMENTATION FROM: , GJ~J^1~~:':AGER DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING TO: SUBJECT: PLANNING AND ZONING BOARD RECOMMENDATION RE ~NEXATION AND INITIAL ZONING OF PRD-L AND ART FOR PROPERTY TO BE KNOWN AS SHERWOOD FOREST (SHERWOOD GOLF COURSE) AGENDA ITEM REGULAR MEETING OF JUNE 28, 1988 ACTION REQUESTED OF THE COMMISSION: acceptance of the Board I s recommendation of approval and direction to the City Clerk to prepare the enacting ordinance for first reading and to advertise a public hearing for July 26, 1988 BACKGROUND: 72.. The property proposed for annexation is ,E>? 87 acres and includes what is now the Sherwood Golf Course located south of Atlantic Avenue at its junction with Barwick Road. An associated development proposal calls for 131 single family, zero-lot line homes around the perimeter of the golf course. A ten acre parcel fronting Atlantic is to be ART, have a continued use of the driving range, and be subject to a final determination of 'It:; development at a later date. At the time your public hearing is held, you will also have a recommendation from the Board regarding the site plan. Further background information and a complete project analysis lS available in the attached P&Z Staff Report. PLANNING AND ZONING BOARD RECOMMENDATION: At its meeting on June 20th, ~he Board held a pUblic hearing at the conclusion of which the~ forwarded the request with a recommendation of approval on a 4-0 vote. To: Walte J. Barry, City Manager Re: P&Z Board Recommendation Re Annexation And Initial Zoning Of PRD-L And ART For Property To Be Known As Sherwood Forest (Sherwood Golf Course) Page 2 At the public hearing, concerns were raised by residents of The Bamlet. These concerns were directed toward the future of the ten acre parcel along Atlantic and possible changes to the intersection of Barwick Road and Atlantic Avenue. A representative of The Hamlet stated that low density single family home development was desired. In response to a question, the representative stated that the zero-lot line single family proposal met with that concept. Planning and Zoning Board members raised issues associated with the actual development itself, not the annexation or zoning. Those issues will continue to be addressed in review of the site plan. The Board's records note that water and sewer facilities do not extend to the property and that the developer will be required to extend these services. RECOMMENDED ACTION: By motion, accept the Board 's recommendation of approval and direct the City Clerk to prepare the enacting ordinance for first reading and to advertise a public hearing for JUly 26, 1988 Attachment: ~&Z Staff Report of June 20, 1988 REF/DJK#23/B:CCSHRWD.TXT ITEM BEFORE THE BOARD: The action before the Board is that of making a recommendation on a voluntary annexation encompassing 73.28 acres. The property is located south of Atlantic Boulevard in the proximity of it interesection with Barwick. The initial zoning is split into two designations: PRD-L on 62.87 acres, and ART (Agricultural Residential Transitional) for 10.41 acres. In addition a conditional use hearing is being held for the golf course aspects of the ensuing development proposal. It is requested (by staff) that the annexation and zoning requests be acted upon at this time but that the conditional use action be deferred to next month. This course of action will allow for further review of the site plan (see related agenda item). Per this schedule the site plan and conditional use will appear before the City Commission concurrently with their public hearing on the annexation and zoning request. Thus, there will be no delay to applicant. BACKGROUND: The related development proposal is for 131 single family, zero lot line homes around the perimeter of the existing Sherwood Golf Course on the property to be zoned PRO-L. The golf course will also be on property to be zoned PRD-L, hence the conditional use hearing. The ten acres which accommodates the existing driving range and fronts Atlantic is being placed in the ART as a holding action. Little background information exists on the property other than that the golf course has been in operation since 1960. Informal presentations for the development have been previously reviewed by the Planning and Zoning Board. In 1985, a residential development with a commercial area along Atlantic was discussed. In 1987, a proposal to annex only contemplated residential, "z lots", areas and leave the frontage unincorporated was discussed. In April of this year, a development proposal was discussed with the TRC (Technical Review Committee). A formal application was submitted on May 6, 1988. Upon Staff review, it was discovered that the applicant was proposing to annex 62.87 acres, only a portion of his property. The 10.41 acres with frontage on West Atlantic Avenue was proposed to remain under County jursidiction. Since the entire hOldings were not included, the application was rejected. On May 24, the attorney for the applicant requested the application review process continue until the City Attorney could render opinion as to whether the Director of Planning and Zoning was acting appropriately in rejecting this petition. On May 27, 1988 the applicant appeared before the Planning and Zoning Board at it's workshop meeting to discuss the rejection of this petition. At that meeting, the agent decided include the entire holdings in the petition. To: Plann' 1 and Zoning Board Re: Agend. item III.B. Regular Meeting of June 20, 1988 Request for Annexation - Sherwood Golf Course And Conditional Use Request for Integrated Golf Course Developm Page 2 PROJECT ANALYSIS: The "project" consists of four land use elements annexation, the appropriate City zoning, the conditional golf course, and the site and development plan. The presented below focusses upon the annexation and zoning Detailed analysis of the conditional use request and development plan is deferred to the next meeting of the the use of a analysis elements. site and Board. Annexation Analysis: Contiguity: The 73.28 acre tract is contiguous to the City via a common boundary with the Hamlet Subdivision to the south and east. Water Service: Future development will receive water by connecting to an existing eight water inch main which presently extends westerly along the south side of West Atlantic Avenue to the west edge of the property. An eight inch water main will be looped through the project along the private street. It will connect to an existing six inch main at the northeast corner of the property. It is assumed that a connection, along Atlantic Avenue, between the terminae of the existing mains will become an obligation associated with development of the ten acres along that frontage. Upon review of detailed engineering work, the project may be required, at this time, to extend the eight inch water main along the Atlantic Avenue frontage. Sewer Service: inch sanitary corner of this point has been Sewer will be provided by connecting to an eight sewer which is to be extended to the northwest property. The extension of the sewer main to that designed and bid through the Utilities Department. This sewer main will serve the Barnett Bank which is immediately west of the proposed annexation. The main will cross West Atlantic Avenue at that point and will tie into Lift Station Number 8GC which discharges into a force main running eastward along the north edge of West Atlantic Avenue. Lots within the proposed development with be served by an eight inch gravity sewer which will be installed in the private road easement. The gravity sewer will terminate at a lift station (to be constructed by the developer) to be located in the southwest corner of the development. A four inch force main will then transport the sewage to the manhole and existing eight inch sewer line at the northwest corner of the parcel. The existing uses, the golf course, system. that of club house facilities associated presently utilize a well and septic with field To: P~anning and Zoning Board Re: Agendp Item III.B. Regul Meeting of June 20, 1988 Request for Annuxation - Sherwood Golf Course And Conditional Use Request for Integrated Golf Course Developm Page 3 Provision of other services: In its present vacant condition (except for the golf course and attendent club house), the property does not present problems or concerns to the City. There will be no immediate impact upon the provision of services. Upon development, the project should not create an unusual demand on services other than in the area of traffic control. This item is already of concern along Atlantic Avenue, especially at the junction with Barwick. Compliance with standard annexation requirements: There are no required findings other than annexation will not create an enclave, required by Florida Statutes prior to approval of a vOluntary annexation. The property is not part of an official "Enclave" currently being annexed under the Enclave Act. Comprehensive Plan Matters: Land Use Map: The City's Land Use Map designation for this area is SF (Single Family Residential). The surrounding designations are; SF (Single Family) and C (Commercial) to the north; SF (Single Family) and 0 (Office) to the west; and SF (Single Family) to the south and east. The proposed development of single family, zero lot line homes is consistent with the existing Land Use Map designation. Annexations: It is policy to annex territory.within our service areas whenever possible. Thus, the request is consistent with that direction. In addition, upon annexation of this property, the opportunity will be created to begin annexations along West Atlantic of properties who are under obligation to annex when they become eligible. Zoning Matters: The proposed zoning designations are PRD-L for 62.87 acres and ART (Agricultural Residential Transitional) for 10.41 acres. The surrounding zoning designations are: AR (Agricultural Residential) and CG (General Commercial/Special Exception) to the north in the County; CS (Specialty Commercial) and AR (Agricultural Residential) to the west in the County; and, R-1A (Single Family Residential) to the south and the east. The PRD-L zone district requires 15% common open space pursuant to Sections 30-8.4(A) and 30-8.4(R)(4). The 15% of common open space must be provided for amenity or recreational purposes and must be suitability improved for its intended use. With the exception of a proposed tot lot to be constructed over a L.W.D.D. lateral there are no amenity or recreational open spaces provided exclusively for the proposed subdivision. The applicant is proposing to utilize the Golf Course as the open space and/or amenity to meet the requirement. , To: Plann<-. and Zoning Board Re: Agend ~tem III.B. Regul~r Meeting of June 20, 1988 Request for Annexation - Sherwood Golf Course And Conditional Use Request for Integrated Golf Course Developm Page 4 The appropriateness of meeting the 15% requirement in this manner needs to be addressed. The applicant has proposed that a written agreement between the developer, the proposed Homeowners Association, and Sherwood Park Inc. (gold course operators) be the basis for including the golf course as a part of the overall project and thus complying with the requirement. The agreement would entitle the members of the Homeowners Association to perpetual membership rights at the golf course. The homeowners would be allowed to purchase, on an annual basis, membership in the golf course. Membership would entitle the owner to unlimited play with no green fees,and preferential playing times. A determination must be made with respect to the appropriateness of using a semi-public recreational amenity to meet the 15% common open space requirment. The application has been assessed pursuant to Section 30-23 (D) "Standards for Evaluating Rezone Requests". Standards #1 and #2 (will the change be contrary to the proposed Land Use Plan or existing Land Use pattern). The proposal, that of 131 single family, zero lot line homes, is consistent with adjacent single family zoning and land use designation. The proposal will surround an existing land use pattern of a semiprivate golf course which also compatible with single family homes. Standard #3 (spot zoning). The petition is not spot zoning in that similar uses and consistent zoning classifications exist to the south and east. Standard #4 (load on public facilities). This proposal is consistent with the Land Use designation for which public facilities have been planned. The development will construct its own utility lines to interconnect with City water and sewer. The developer will be responsible for extending any lines needed to interconnect with existing City facilities. The applicant will also be responsible for extending the eight inch water main approximately 1,100 feet along frontage on West Atlantic Avenue; either with the proposed development, should Engineering calculations require it, or upon development of the frontage. Standard #5 (district boundaries illogically drawn) The proposal appears not to have logically drawn zoning boundaries in that two fingers of the PRD-L zoning designation will extend along each side of the ART frontage parcel. If, at a future time, this frontage parcel were to acquire a zoning classification other than Residential we would have a situation whereby a thin sliver of residential zoned property would divide nonresidential uses. If this frontage parcel was to obtain a residential classification, this situation would not exist. To: Planr, and Zoning Board Re: Agend~ Item III.B. Regular Meeting of June 20, 1988 Request for Annexation - Sherwood Golf Course And Conditional Use Request for Integrated Golf Course Developm Page 5 Standard #6 (changing conditions made rezoning necessary) Standard #7 (change adversely influence neighborhood), Standard #8 (change create increase traffic) These Standards do not apply in that this is an initial zoning situation. The change will not increase traffic above levels originally allocated for this single family parcel, but may adversely impact West Atlantic Avenue in the manner it is proposed to be introduced. The applicant proposed to utilize two driveways at the east and west borders of the parcel. The westernmost entryway intersects West Atlantic Avenue at a point where no medium cut is provided. This will necessitate "U" turn movements for exiting residents wishing to travel west and some residents returning from the east. The development should utilize the existing signalized Barwick, West Atlantic Avenue intersection for its ingress and egress. A proposed sketch plan has been submitted and will be discussed under Agenda Item IV. D. Standard #9 (change create a development will utilize the retention. No problems exist. drainage problem). The adjacent golf course for proposed on-site Standard #10 (changes impact on light and air) and Standard #11 (effect of property values). The proposed development and zoning classification will not adversely effect these Standards. Standard #12 (deterrent to improvement of adjacent properties). The proposed zoning designation is consistent with adjacent single family development and would not be a deterrent to improvement of these residential uses. Standard #13 (special privilege). Granting of this request does not constitute any special privilege to this property owner. Standard #14 (property used with existing zoning) and Standard #15 (change out of scale), Standard #16 (other areas with appropriate zoning) and Standard #17 (sufficient evidence for need of change). These standards do not apply as this is an application for initial zoning. ASSESSMENT: The property is eligible for annexation and it is City pOlicy to annex whenever possible. The application, as proposed, is consistent with both existing and adjacent land uses and zoning classifications. Although the applicant has specific site development problems; including access and recreation/open space amenities, it appears appropriate to recommend approval of the annexation and initial zoning of the combined parcel as proposed. The applicant should be informed as to the findings with respect to the required 15% open space at this meeting as it may necessitate project redesign. To: Plann' ':J and Zoning Board Re: Agend item III.B. Regular Meeting of JUl1e 20, 1988 Request for Annexation - Sherwood Golf Course And Conditional Use Request for Integrated Golf Course Developm Page 6 ALTERNATIVES: 1. Continue with direction. 2. Recommend approval of the annexation and zoning upon positive finding with regard to the following: 1. That the annexation will not create an additional enclave(s). 2. That service will be provided to this property in a manner similar to that for similarly situated properties which are already in the City. 3. That the proposed zoning of PRD-L and ART are consistent with the adjacent zoning and complies (does not conflict) with all of the seventeen standards for evaluating rezoning requests as found in Section 30-23 (D). 4. The proposed zoning is consistent with the existing County (Agricultural/Residential) or the course) of the property. (does not zoning existing conflict) of AR use (golf 5. The proposed zoning is consistent (does not with the City's Land Use Plan designation of Family) for the property. conflict) SF (Single 6. Upon submittal of the fOllowing documentation: A Title Certificate for the parcel fronting on Atlantic Avenue. A corrected annexation application encompassing the forementioned parcel. RECOMMENDATIONS: 1. Alternative number two. ref:PD#4/A: PLANNING ~ CITY OF OELRAY ZONING BOARD BEACH STAFF REPORT MEETING OFlTE: JUNE 20, 1988 AGENDA ITEM: III. D CONSIDERATION OF A LAND USE PLAN AMENDMENT FROM MF-10(MULTIPLE FAMILY-10 UNITS/ACRE TO COMMERCIAL AND REZONING FROM RM-10(MULTIPLE FAMILY RESIDENTIAL) TO GC(GENERAL r.OMMERCIAL) FOR FREEDOM SAVTN(;S ANn T OAN ON Tl-lF ~mlTi-ltJFc::.'T' rnlHJl7R ()];' c: F CiT'\.i A "1<' AND S.E. 10TH ST. ITEM: " ., ~ M . r GENERRL DATA: Owner.., ,...... .................Freedom Savings and Loan Association "'gent......,.................... . Larry M. Schneider Currie, Schneider and Associates AI-'. PAt Location........................Southwest corner of SE. 5th St.. and SE. 10th St. Property slze...................2.077 acres (90,482 sq. ft..) City Land Use Plan..............MF-lO (Multiple Family _ 10 units/acre) Existing City Zonlnq............RM-lO (MUltiple Family Residential) Proposed Land Use Plan..........C (Commercial) Proposed Zoninq..................GC (General Commercial) Adjacent Zoninq.................North of subject property is zoned R-1A(Sinqle Family) and SC (Specialized Commercial). South is zoned SAD(Special Activities District). East i. zoned SC and West i. zoned County RH (Residential Hiqh Density). EXisting Land Use...............Vacant land Proposed Land Use...............A 9~room hotel/Hw., Water Service...................Existinq water maln located on the north side of S.E. 10th St. - ITEM: .J1l. J Sewer Service................ ....Existinq qravity sanitary sewer located on the south aide of S.E. 10th St. 5) CITY COMMISSION DOCUMENTATION TO, cj:~ ~~0C: _AGER FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: PLANNING AND ZONING BOARD RECOMMENDATION RE A LAND USE AMENDMENT FROM MF-10 TO C, AND AN ACCOMPANYING REZONING FROM RM-10 TO GC FOR PROPERTY AT THE SOUTHWEST CORNER OF S.W. 10TH STREET AND FEDERAL HIGHWAY AGENDA ITEM REGULAR MEETING OF JUNE 28, 1988 ACTION REQUESTED OF THE COMMISSION: Acceptance of the Board's recommendation of approval and direction to the City Clerk to prepare the enacting ordinances (two are required) for first reading and to advertise associated public hearings for July 12, 1988. BACKGROUND: The property under consideration is approximately two acres and is located at the southwest corner of S.W. 10th Street and Federal Highway. The property is vacant. An associated development proposal calls for establishment of a 98 room hotel (Gulfstream Motor Lodge). At the time the second reading of the enacting ordinances are before the Commission, you will also have a recommendation from the Board regarding the site plan. Further background information and a complete project analysis is available in the attached Planning & Zoning Staff Report. To: Walter o. Barry, City Manager Re: Planning And zoning Board Recommendation Regarding A Land Use Amendment and Accompanying Rezoning for Property at The Corner of Southwest 10th Street and Federal Highway Agenda Item Regular Meeting of June 28, 1988 Page 2 PLANNING AND ZONING BOARD RECOMMENDATION: At its meeting on June 20th, the Board held a public hearing at the conclusion of which the request was forwarded with a recommendation of approval on a 4-0 vote. There was no comment at the public hearing. RECOMMENDED ACTION: By motion: Accept the Board's recommendation of approval and direct the City Clerk to prepare the enacting ordinances for first reading and to advertise public hearings for July 26, 1988. Attachment: Planning & zoning Staff Report of June 20, 1988 REF/DJK#23/A:CCHOTEL.TXT ITEM BEFORE THE BOARD: The action before the Board is that of making a recommendation on a Land Use Plan amendment from MF-10 to Commercial and a concurrent rezoning from RM-10 to GC (General Commercial). The subject property containing 2.077 acres is located at the S. W. corner of Federal Highway and S. E. 10th Street. BACKGROUND: Little background information exists on this presently vacant parcel. The applicant came before the TRC (Technical Review Committee) with a sketch plan for hotel development on the site on April 27, 1988. At that meeting, discussion ensued regarding the possible access across the site from Federal Highway to be a possible ACLF development immediately to the west. The ACLF proposal was tentative in nature and no longer appears to be relevant to the potential hotel development. A conditional use and site plan proposal has been submitted for July 18, 1988 planning and Zoning Board action. COMPREHENSIVE PLAN MATTERS: The current Land Use designation for this property is MF-10. Land use designations to the north are Single Family and commercial; to the south and east is Commercial; and, to the west Multi-Family High Density. The existing land use pattern is vacant to the east; it is vacant with the exception of a single family home to the west; there is a parking lot and vacant land to the north; and, the Dean Witter office building to the south. The only aspect of the Land Use Policy Guide which applies to this petition is that of not granting commercial plan amendments or rezoning without market studies which justifies them. In this case the proposed use of a hotel can only be accommodated in a commercial zone. Thus it appears that the "Land Use Policy Guide" statements do not apply. The site is less than five acres. Thus, the amendment is deemed "local" and final action rests with the Ci ty. This petition is governed by no other land use plan or map. ZONING ANALYSIS: The requested zoning classification is that of GC. The surrounding zoning to the north is R1A and (SC) Specialized Commercial; to the east (SC) Specialized Commercial; to the south (SAD) Special Activities District; and, to the west (RM) Residential Medium Density in the County. The application has been assessed under Section 30-23(D) "Standards for Evaluating Rezone Requests". To: Planni~- and Zoning Board Re: Agenda cern III.D. Regular Meeting of June 20, 1988 Land Use Plan Amendment - Freedom Savings & Loan, Page 2 Standard #1 and #2 (will change be contrary to the proposed Land Use Map Plan or existing Land Use pattern) - The zoning change is contrary to the existing Land Use Map designation, but will be consistent with the proposed land use change to Commercial. The proposal will be consistent with the commercial land use pattern to the north, east, and south. The proposal also will be reasonably compatible with the potential of high density residential development to the west. The commercial designation would be across S. W. 10th Avenue, an arterial street, from two presently vacant single family lots which would be to the northwest. Standard #3 (spot zoning) - The requested zoning classification of (GC) General Commercial is a compatible zoning classification wi th (SC) Specialized Commercial to the north and east. These two zoning classifications are essentially the same except the (SC) zoning classification also allows automobile related uses. It is also compatible with the SAD zoning to the south which allows uses normally found in the GC zone district. Thus, spot zoning is not created. Standard #4 (load on public facilities) - The parcel with it's present zoning classification of RM-10 will allow a maximum of twenty residential units. The proposed development is a 98 room hotel with dining and meeting facilities. The development will increase demand on public facilities, but will have minimal impact on current capacities. Standard # 5 boundaries drawn. (district boundaries illogically drawn) follow parcel boundaries and are not District illogically Standard #6 (changing conditions made rezoning necessary). Changing conditions have not made the rezoning necessary. The Zoning change is being requested to accommodate a specific development proposal which is consistent with adj acent zoning classification. Standard #7 (adverse impacts on living conditions in adjacent neighborhoods). As the proposal fronts on Federal Highway, an area commercial in nature, and the development proposed is similar to high density residential currently allowed the proposal should not adversely effect living conditions in adjacent neighborhoods. All traffic will utilize the arterial street system. Standard #8 (change create increase traffic). The change would increase traffic in the area Slightly. This is of minimal concern in that the parcel has access to both S.E.10th Street and Federal Highway both capable of defusing the increase associated with the proposed use. Standard #9 (change create a drainage problem) - No problems appear to exist. ~ To: Planni, and Zoning Board Re: Agend~ _tem III.D. ~egular Meeting of June 20, 1988 Land Use Plan Amendment - Freedom Savings & Loan Page 3 Standard #10 (changes impact on light and air). The proposed attendant site plan would not adversely effect light or air to adjacent properties. The change to commercial will not result in a reduction of setbacks along Southwest 10th and Federal since special setbacks are required along those arterials. These factors would be regulated thru the site plan analysis process. Standard #11 (effect on property values) Standard #12 (deterrent to improvement of adj acent properties) - Standard # 13 ( special privilege) The area is commercial in nature, and the development proposed is similar to the high density residential currently allowed. The proposal therefore should have minimal impact on adjacent property values and should not be a deterrent to improvement of adjacent commercial and residential high density properties. Standard #14 (property used with existing zoning). The property can be developed with the current RM-10 zoning designation. The desirability of residential units directly abutting Federal highway may effect marketability of the parcel for residential purposes. Standard #15 (change out of scale). A two story hotel/motel is proposed. This is in scale with adjacent office development and surrounding low rise commercial nature of the area. Other uses allowed in the GC zoning district would also not be out-of- scale with the immediate area. Standard #16 (other areas with appropriate zoning) and Standard #17 (sufficient evidence for need of change) - Other area exist where the development could be accommodate under present Zoning Classifications. Sufficient evidence has not been provided to indicate there is a need for a change other than to accommodate a development proposal for a 98 room motel. ASSESSMENT AND CONCLUSIONS: The requested Land Use Map change is consistent with adj acent commercial designations to the east north and south along witrr High density residential to the west. Under the present zoning designation, the desirability of residential units directly abutting Federal Highway may not be an attractive. As the area is commercial in nature, and the development proposed is similar to high density residential currently allowed, the proposal should not adversely effect the adjacent uses. To: Planni and Zoning Board Re: Agenda .cem III.D. Regular Meeting of June 20, 1988 Land Use Plan Amendment _ Freedom Savings & Loan Page 4 ALTERNATIVE ACTIONS: 1. Continue with direction. 2. Recommend denial for failure to make positive findings with respect to Standard No 6,14,16,and 17. 3. Recommend approval of a Land Use Plan Amendment from RM-10 to Commercial and a rezoning from RM-10 to GC based on positive findings that the proposed Land Use and Zoning change are consistent with the existing Land Use pattern and surrounding zoning designations. RECOMMENDATIONS: Alternative No. 3 By motion, recommend approval of a Land Use Plan Amendment from .fMF10 to Commercial and a rezoning from RM-10 to GC based on positive findings that the proposed Land Use and Zoning change are consistent with the existing' Land Use pattern and surrounding zoning designations. ref:PD#AMay16/A:debp n/;T -H ~ J:~"~'; " ~ u.J . . ~~ i ~H~:r' 'j;b ,'" "J" .; ;. / k t!~~ .....~ :::"".:;;: · .;~ 1.1 At/" "U." .. Ai'~b I ~I;o oA' . . r ;:'- ~ TH. , F"""tt .. . I )I iLl Ki I'" t . IE' " 1 . .. " . . . . ,. ~ . a 11' .. C W'l IC "" ., ,: .. I. 'O~r..1-'.J :z:" ~ .)~ It - 2 . .::z :~~...~. f,f.~ ..I.. a .' . \ ~ .-..."..... :-: .~-=.... : :: ~ \ " ~/ ~-~ ~~ ~ ;; . 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I' .'t .tr -- . ~ ,..; I " ~ "-~_l.,! ~ 16 ~ I A L.EA " ... . ~~. <;~ .,: : .. 41'\," . I) " hI:' ' ~1~ '::~.l~' I_~ : \ ., ~ , . . r-=- ~ ,; 1 i s . . ... 1 r-----; . ,'.' : ' ; '. ~ ~ ~~ us '0'. >>- - - (:E ,ii... 1, r::-i~f 'J.;J If "I " I/,:~~;..:t~,ut: "I .. t..1:" 'i #l1,.. '~' . 5 1I~ 't';~, ' ~:,~ ,:' . ~ ,161"",,:,",'"' ~IJ:":I_ u . ~.~ :-r .. l ~ 7..1' ;.- '.;11' ~t - J~ ~ if;T, II ';~ ,~~ \:~. t';"'. ... ." f L 'n " ... ~., -l!I 64! ~- .. , ~ iO ~" ,I~!~~~'.Q ~ I. .....~ ~_ I---' ~ PLRNNING L ZONING CITY OF OELRAY BORRD BEACH STAFF REPORT MEETING DATE: JUNE 20, 1988 AGENDA ITEM: III. E CONSIDERATION OF A LAND USE PLAN AMENDMENT FROM MF-6 TO OFFICE AND A CONCURRENT ITEM: REZONING FROM SAD TO POC ON PROPERTY LOCATED EAST OF MILITARY TRAIL, SOUTH OF IHE L-jL GANAL. l~YLUN ~KUrc"lUNAL GcNlcK) ,"woO OCW'" 'IT .. HIGH POINT OF OELRAY > . N . )"0 CT .. " ~ i :It HIGH GENERAL DATA: Owner...........................Pylon Medical Associates, LTD. Agent.. . . . . . . . . . . . . . . . . . . . . . . . . . . David L. Kessler Location..... ...................East side of Military Trail between N.W. 3rd Drive and N.W. 5th Street Parcel Slze.....................85,712 sq.ft. (1.967 acres) City Land Use Plan..............MF-6 (Multiple Family - 6 units/acre) Existing City Zoning............SAO (Special Activities District) Proposed Land Use Plan........ ..0 (Office) Proposed Zoning.................POC (Planned Office Center) Adjacent Zoning................ .North, South and East of subject property is zoned RH-6 (Multiple Family Residential); West of subject property is zoned County CG (General Commercial) Current Use..... .... .... '" ... ....Professional office building Proposed Use..... ..... ..... .... .General Professional Office Complex. Jurisdiction................... .City of Delray Beach Water Service.... ... ..... ...... .Available on site ITEM: 11I ~E Se.....er Service.................. .Available on site ~;L CITY COMMISSION DOCUMENTATION TO: WALTER o. BARRY, CITY MANAGER J~u~ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: PLANNING AND ZONING BOARD RECOMMENDATION RE A LAND USE AMENDMENT FROM MF-6 TO 0, AND AN ACCOMPANYING REZONING FROM SAD TO POC FOR THE PYLON PROFESSIONAL BUILDING SITE AGENDA ITEM REGULAR MEETING OF JUNE 28, 1988 ACTION REQUESTED OF THE COMMISSION: Acceptance of the Board's recommendation of approval and direction to the City Clerk to prepare the enacting ordinances (two are required) for first reading and to advertise associated public hearings for July 12, 1988. BACKGROUND: The property under consideration is approximately two acres and is located on the east side of Military Trail immediately south of the L-32 Canal. The property is developed. The reasons for the changes are to accommodate a broader range of uses than are allowed under the existing SAD and to avoid the need to continually process each new use through the Planning and Zoning Board and City commission with subsequent enactment by ordinance. Further, the conversion to traditional zoning is consistent with direction from the Policy Guide to the Land Us~ Element. Further background information and a complete project analysis is available in the attached P&Z Staff Report. To: walter O. Barry, City Manager Re: planning & Zoning Board Recommendation Re A Land Use Amendment From MF-6 to 0, and an Accompanying Rezoning From SAD to POC for the pylon Professional Building Agenda Item Regular Meeting of June 28, 1988 Page 2 PLANNING AND ZONING BOARD RECOMMENDATION: At its meeting on June 20th, the Board held a public hearing at the conclusion of which the request was forwarded with a recommendation of approval on a 3-1 vote. There was testimony at the public hearing from one neighbor to the north. That testimony was directed toward his dissatisfaction with the physical relationship of the existing structure and his home to the north. The Board has also recommended eleven measures which are to taken to address the overall aesthetics of the property and provide for appropriate boundary treatment. The applicant appeal requirements which call for installation of fencing the north driveway. be to may along RECOMMENDED ACTION: By motion: Accept the direct the City Clerk first reading and to 1988. Board's recommendation of approval to prepare the enacting ordinances advertise public hearings for July and for 26, Attachment: planning & Zoning Staff Report of June 20, 1988 REF!DJK#23!A:CCPYLON.TXT ITEM BEFORE THE BOARD: The action before the Board is that of making a recommendation on a Land Use Map Amendment from MF-10 to 0 (Office) and a concurrent rezoning from SAD (Special Activities District adopted by Ordinance No. 22-83) to POC (Planned Office Center). The rezoning involves property which has a 34,280 sq.ft. office building and is located on a 1.97 acre site on the east side of Military Trail, south of Lake Ida Road. BACKGROUND: A Land Use Map Amendment, an annexation, and a conditional use request for the (then) proposed "Pylon Professional Plaza" were before the Planning and Zoning Board at a workshop meeting on October 26, 1982. It was the consensus of the Board that it would be more appropriate for the project to come into the City as S.A.D. rather than as a conditional use under a Multiple Family Zoning District. On November 15, 1982, the Planning and Zoning Board heard the petition for annexation, conditional use and site plan approval under the S.A.D. approach. A recommendation for approval was given subject to limiting the uses to professional offices as identified within the RM-10 MUltiple Family Zoning District. On December 14, 1982, the City Commission through Resolution No. 111-82, requested permission from the Board of County Commissioners, pursuant to Florida Statutes 171.062, to rezone the property to be annexed, from the County Zoning Classification of CS (Specialized Commercial) to the City's zoning classification of S.A.D. (Special Activities District). The City Commission approved the annexation and SAD rezoning (conditional use and site plan) through ordinances 21-83 and 22-83. On April 26, 1983, a site plan modification was before the Planning and Zoning Board at its workshop meeting. That modification was for increasing floor area which would b~ accommodated through a (paper) reduction in required parking spaces, by interpreting the code so that parking requirements would be based on net leasable area instead of total floor area. It was the consensus of the Board that the parking regulations may have needed review and possible revision, but they were not in favor of making any singular exceptions to the parking standards. The Board unanimously denied the request. ~. To: Planning and Zonlng Board Re: Agenda Item III.E. Regular !eting of June 20, 1988 Lard Use 21an Amendment - Pylon Page 2 The applicant then went before the Board May 26, 1983, (Petition #621) requesting Section 30-18(D)(4)(K). That variance was parking requirement for this development to leasable area versus total floor area required request was granted. of Adjustment a variance to allow be based on under Code. on to the net The The applicant returned to the Planning and Zoning Board at its Regular Meeting of June 20, 1983, and the mlnor site plan modification increasing the building area was approved. A final plat came before the Planning and Zoning Board at its meeting of July 26, 1983 and was approved by City Commission on January 24, 1984. A non-impacting site plan modification eliminating walkways adjacent to the building was approved administratively on August 24, 1984. On June 5, 1986, a non-impacting site plan modification was approved reflecting modifications to the ingress and egress, parking, and minor structural changes. On March 21, 1988 a major Site Plan modification was reviewed by the planning and Zoning Board. The request was to expand the allowable uses from professional offices allowed under RM-10 Zoning to include business offices in general. Several residents spoke at the public hearing and the following concerns were voiced: Improper drainaqe to the north: Residents to the north complained of standing water within the L.W.D.D. drainage easement. Improper Screening to the north: Residents expressed a desire to have additional buffering to the north such as a wall which would help limit assess from the residential street to the site. Improper bufferinq to the south: A resident to the south complained of inadequate screening to residents to the south due to the height of the building along with the problems of the existing wall providing inadequate screening due to grade differences. Improper use of the parkinq lot behind the buildinq in the evening: Residents complained of unruly loitering behind the vacant building. To: Planning and Zoning Board Re: Agenda Ttem III.E. Regula ~eting of June 20, 1988 Land Use P',an Amel.dment - Pylon Page 3 To accommodate the owners desire to lease to two tenants as expeditiously as possible and yet to maintain control over the project, the Planning and Zoning Board forwarded the following recommendations to the City Commission: to allow the specific tenants of National Film Service and Strategic Training Systems to have occupancy; that the concerns aired regarding security at the entry, a wall to the north, a hedge to the south, and drainage to the north all be addressed and resolved prior to consideration of any additional use requests (i.e. modifications to the S.A.D.); and, that physical solutions be provided within 120 days of the approval of this was not done the City would seek for the above items the modification. If removal of tenants. The City Commission approved the pylon Major Site plan modification subject to the planning and ~oning Board's recommendations on March 22, 1988. The applicant is now petitioning the Board for a Land Use plan Amendment and Zoning change to correspond with the existing use as was recommended by staff during consideration of the major modification request. When this item was last before the Board, it was noted that the "Land Use Element policy Guide" called for the elimination of existing SAD zoning whenever possible. At the previous hearing it was the feeling that the use of the building for professional and business offices was proper as long as problems which had developed regarding drainage, security, access, and buffering were addressed. PROJECT ANALYSIS: The uses presently allowed on this property are those of professional offices as they are defined within the RM-10 Multiple Family Zoning District. These specifically are limited to accountants, architects, attorneys, chiropractors, dentists, engineers, independent trustees, landscape architects, naturopaths, opticians, optometrists, osteopaths, physicians, podiatrists, psychologists and surgeons. The petitioner has received approval for two additional tenants, National Film Service and Strategic Training Systems per City Commission action on March 22, 1988. The applicant is allow business, along with other requesting a POC Zoning designation which would professional, and medical and dental offices permitted uses. To: Planning and Zoning Board Re: Agenda Item III.E. Regulareting of June 20, 1988 Land Use Plan Amendrnent - Pylon Page 4 The applicant has proposed the following solutions or statements with respect to the four items which were required to be corrected prior to consideration of expansion of allowed uses: Improper drainaqe to the north: Residents to the north complained of standing water within the L.W.D.D. drainage easement. Investigation by the applicant revealed that some of the sprinkler piping was broken, along with four (4) rainbird sprinkler heads. The condition allowed large quantities of water to run unchecked during the time the sprinkler clock called for water. The sprinkler clock was also calling for water two and one half hours 2 and 1/2 each day. These items are now corrected and an improvement in the swale reflecting dryer conditions has been observed in the field. The resident's concerns involving proposed off site drainage flows appear in fact to be the fore mentioned condition. On site inspection of the site indicates proper on site flow is maintained by curbing along the driveway adjacent the building. Improper Screeninq to the north: Residents expressed a desire to have additional bUffering to the north such as a wall which would help limit assess from the residential street to the site. The applicant has responded in that he feels the 6 foot wall would be ineffective for additional screening as many residents have 6 foot privacy fences abutting the L.W.D.D. right of way and a 4 1/2 foot hedge presently exists along the northern border of the site. The residents expressed not only buffering concerns with respect to the barrier but also concerns with persons parking in their residential neighborhood and walking over to the parking area to the rear of the Pylon Building. With the Rezoning and Land Use change of the property to reflect existing conditions the perimeter of the development will become a district boundary between commercial uses and adjacent residential uses. As such and pursuant to Section I 30-17 (J) either a masonry wall 6' in height or a hedge must be provided. Though technically the existing 4 1/2 foot hedge meets the requirement of Section 30~17 (J), special circumstances in relation to the height, grade and proximity of the building to adjacent residences supports a recommendation that the hedge line to be grown and To: Planning and Zonlng Board Re: Agenda Item III.E. Regula ~eeting of June 20, 1988 Land U,-__ Plan Amendment - Pylon Page 5 maintained at 6'. In addition, Section 9-378 (e) of the Landscape code requires where any commercial or industrial area abuts residential property, one tree shall be planted every 25 feet to form a solid tree line. In light of the expressed concerns with unauthorized access, Staff recommends a 6' high Cyclone fence be installed along this northerly border. Existing trees and additional trees, if warranted, should be located a maximum of 25 feet on center. In addition, new or existing hedging should be provided to screen the fencing. Such hedging should be planted at a minimum height of 4 1/2 feet (pursuant to Section 30-17 (J), grown to and maintained at 6'. The applicant should also replace two dead royal palms along the north border. These actions would allow, after mature growth, both a secure and visually pleasing solution to both tenants and residents. Improper bufferinq to the south: A resident to the south complained of inadequate screening to residents to the south due to the height of the building along with the grade differences reducing the effectiveness of the screening wall. The petitioner has indicated they have attempted to contact the resident who voiced a concern for lack of screening. The petitioner has indicated the resident has been contacted and trees offered to him for additional screening to be provided on his residential property. Although a six foot wall exists along the south property line, there is an approximately three foot grade change on the Pylon side the wall, thus only effectively providing approximately three feet of screening. A two foot wide planting strip exists between the ingress driveway and the wall where low planting less than 1 foot in height are planted. The area would be adequate for a substantial hedge and trees planted 25 feet on center thus providing additional bUffering for residents to the south. Improper use of the parkinq lot behind the building in the eveninq: Residents complained of unruly loitering behind the vacant buildings. The applicant has initiated a roving security patrol which frequents the site. The applicant has indicated that no incidents of vandalism of property have occurred and the property is no longer a popular meeting place. The applicant To: Planning and Zoning Board Re: Agenda T~em III.E. Regular !eting of June 20, 1988 Land Use Plan Amendment - Pylon Page 6 feels the necessity for the security gate suggested as a possible solution is here' by alleviated. If a reduction in activity is verified by the concerned public, the need for further measures may not exist especially in light of the added security associated with an occupied building. Comprehensive Plan Matters: The current Land Use Map designation for this property is MF-6 (Multi-Family). It is inconsistent with the existing use. The surrounding land use designations are MF-6 to the north, south and east, and (C) commercial on the County plan for property to the west. The "Land Use Element Policy Guide" contains a statement which applies to this case. Statement # 14 Use of the Special Activities District (SAD) should be applied only in unique situations and used only when conventional zoning districts cannot be applied. Every effort should be made to rezone existinq SAD's back to conventional zoninq districts. SAD Report: The SAD report recommends a zoning change for this property to RM-IO, to accommodate the present uses approved under the SAD ordinance. With the addition of the two uses approved by Major Site Plan Modification the Report's recommendation is no longer valid, but a zoning designation change to POC would be more appropriate. Zoninq Analysis: The requested zoning classification is that of POC (Planned Office Center). The surrounding zoning is RM-6 to the north, south and east, and General Commercial to the west (County). The application has been assessed under Section "Standards for Evaluating Rezone Requests". 30-23(D) Standard #1 and #2 (will change be contrary to the proposed Land Use Plan or existing Land Use pattern) - These standards do not' really apply as the requested change is to correct the designations for an existing structure'and existing use of the land. The zoning change will be consistent with the proposed land use designation if the accompanying map amendment is approved. The change will not be consistent with the residential land use pattern to the north, south or east but again will be consistent with the existing conditions. I To: Planning and Zoning Board Re: Agenda -~em III.E. Regula. ~eting of June 20, 1988 Land Use Plan Amendment - Pylon Page 7 Standard #3 (spot zoning) - This is a spot zoning situation. This rezoning acknowledges an existing situation which, as new construction, will not be phased out though nonconformity for a long time. The City has acknowledged the use is out of place and inconsistent with adjacent uses and has taken steps to mitigate the impacts through additional buffering as addressed under project analysis. Standard #4 (load an existing use has no substantial load on public facilities) current utilities provided on public facilities. This proposal as to it and creates Standard petition drawn. #5 (district boundaries illogically drawn) the encompasses the entire property and is not illogically Standard #6 (changing conditions made rezoning necessary) - the restrictiveness of the SAD and the cumbersome procedures necessary to add more uses creates a situation which calls for the requested rezoning. The City Attorney's Office has determined that each use added to a SAD is, by its nature, a major modification and thus requires approval through enactment of an ordinance. Standard #7 (adversely effect living conditions in adjacent neighborhoods) Standard #8 (change create increase traffic) The effect of the requested rezoning will be that it will be possible for the building to reach full occupancy. As a result there will be more impacts and more traffic. However, if it were possible to fully occupy the structure with professional uses only, the same impacts would occur. Standard #9 (change create a drainage problem) Potential drainage problems were voiced by adjacent owners but appear to be sprinkler related. See earlier discussion under project analysis. Standard #10 (changes impact on light and air) - Standard #11 (effect on property values) Standard #12 (deterrent to improvement of adjacent properties) Standard #13 (special privilege) - These standards are not applicable as the petitio~ involves affixing zoning and land use designations which reflect existing conditions. Standard #14 (property used with existing zoning) -- the property can not be appropriately used with the restrictive character of the existing SAD zoning. More flexibility is desired with respect to the range of uses which will be allowed. To: Planning and Zoning Board Re: Agenda em III.E. Regular deeting of June 20, 1988 Land Use Plan Amendment - Pylon Page 8 Standard #15 (change out of scale) with appropriate zoning) -- these change is type of use is not being the range of office uses is. and Standard #16 (other areas criteria do not apply since a sought but only an increase in Standard #17 (sufficient evidence for need of change) inability to effectively market and occupy the structure to the need for the change. The speaks Other Zoninq Code Matters: There is a three acre parcel size minimum for the establishment of POC zoning. However, there is a provision in the code that if an office complex exists as a SAD, it can be converted to POC zoning. ASSESSMENT AND CONCLUSIONS: The existing condition is inconsistent and out of place with adjacent residential uses. As the building has recently been constructed there appears no benefit to regulate the structure through a nonconforming status in the hope of phasing it out. In light of the above fact, it appears appropriate to change both the Land Use Map and Zoning designations to reflect existing conditions and to increase the range of allowable office uses on the site. In order to provide further mitigation of of the building, some measures should be been discussed elsewhere in the report conditions of approval. adverse impacts of use undertaken. These have and are reiterated as ALTERNATIVE ACTIONS: 1. Continue with concurrence and direction. 2. Recommend approval of the requested Land Use Map amendment and rezoning in that the proposed zoning Planned Office Center (POC) and Land Use Map designation of Office (0) reflect the existing condition. 3. Recommend denial of the request on the basis that it is best to review each requested use and to follow the procedure of approval of each by ordinance. RECOMMENDED ACTION: By motion, recommend that the Land Use Map be amended to the "0" designation and the property rezoned from S.A.D. to P.O.C. on the basis that said amendment and rezoning reflect the existing situation of a new office building which needs to be To: P~annlng ana ~onlng bUdLU Re: Agenda Item III.E. Regula! eeting of June 20, 1988 Land Us~ Plan Amendment - Pylon Page 9 appropriately designated (as to its intended use) on the Land Use Map and on the Official Zoning Map so that it can achieve full occupancy. And further, that in order to further mitigate adverse impacts of the office structure and use upon adjacent residential properties, the following conditions are to apply as required modifications to the site plan of record: 1. Installation of a 6' Cyclone fence along the north property line along with 4 1/2 foot hedging, to be maintained at 6'. In addition, trees shall be planted in order to provide spacing at 25 feet on center. (District boundary requirement). 2. Planting of trees along the south property line in order to provide spacing of 25 feet on center. And, installation of a hedge at 4 1/2 foot, minimum height, to be maintained at six foot height. (District boundary requirement). 3. Replacement of the dead Queen Palm in the entry median and dead Queen Palm along north border. 4. Replacement of the ground cover in the entry median. Although the existing Blue Daza has not done well, provide substitution with Cuphea, or Eiriope to give a change of texture. 5. Replacement of ground cover at entry to the building, and on either side of the stairway on the north and south side of the building. 6. Trim dead fronds from Queen Palms. 7. 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'. .~:~m::..::::;: !; :::::::~~::::~m::~:~ ........ :m::.:::;::.*~'::'jS '. .. ~:;:!:<< ).. :<<?"s. ....~~.:~:;::. . _!... '. . ,..." "':. ::~ 'o' . ...Y..!l,........ ~::::;:::::'. "~W:id '. ::'::;';'; ::~:~ .' . :jIjIl if'. 0.. . :..:..... . " .'........:.I::..~~; 'l* :~ '.' . CD -a Community Redevelopment Agency .i\. .r. ~J /:.1 V :t. D JUN 'i' 1988 ('ITV' MANu(~FR'S nI=Fj('~- Delroy Beach June 1, 1988 Mayor Doak Campbell Ci ty Hall 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Board Appointment Dear Mayor Campbell, This month the City Commission will consider an appointment to the CRA Board for the seat presently held by Matt Gracey, Jr.. Matt has indicated that he would be eligible and available for reappointment for a four year term on the Board. At their meeting of May 18 the CRA Board discussed the appointment and voted unanimously to recommend reappointment of Matt Gracey, Jr. to the Board. This is an exciting time for the CRA. Atlantic Avenue construction is set to begin, we are presently planning the Jacobson's addition to the downtown. The South County Judicial facility is a reality. Many other projects are moving forward at this time. Matt has been a valuable member of the CRA Board and has had a major role in the growth and development of the CRA's activities. I hope that the Commission will look favorably upon this recommendation and reappoint Matt to our Board. Sincerely yours, ~~~ Tom Lynch Chairman cc: Mr. Walter Barry, City Manager Ms. Elizabeth Arnau, City Clerk City Commissioners 64 SE. 5th Avenue, Delroy Beach, Florida 33444 (305) 27&8640 ~~ f~LHNN I NG CITY OF 8 ZONING 80ARU OELRAY BEACH STAFF REPORT MEETING DATE: JUNE 20, 1988 AGENDA ITEM: III. A ITEM: CONSIDERATION OF REZONING FROM PCC AND RH TO SC, AND CONDITIONAL USE REQUEST FOR AN AUTOMOBILE DEALERSHIP ON THE NORTHEAST CORNER OF GERMANTOWN RD. AND QUeeNS AVt.. 0..:...."'_ " ..,...., " @ " .:" ,. :>< GENERAL DATA: 1....'..'1 . . , . . . . . . . . . . . . . ...... J 1"....(, ~ 01 ~ 111('. ;"~('rH.......................... . HO(jCI G. ~;..L>clson 1.0C"t Ion. . .....ortheASt COIIlCI at Germantown Road .nd Queens Avenue. Property 51 zc. ....... .11,28 ACI'cS City Land Use PI.n.... ....... '. ...pce (Planned C~rcc Center I City ZonJ.nq. ....,....,.... . pee (9.98 ~cresl County Zoning. .. .....,. ..,RH (Residential Hi9h Density; 15 units/acre) 11.3 Acresl Proposed ZOOI09........,., '.. ......SC (Specialized C~1.11 AdjAcent Zaninq......". .North of the subject ;roperty 1. zoned County SE (Special Exe~ptionl. South 15 zoned City SC. E.st is zoned City RM-15 (Multiple Family Residentiall. West of subject property 1s zoned County RH. Adjacent properties north. west and south of the subject property are bolnq .nnexed under the Enclave Act to CF, Industrial, .nd R.IA to the south res~ctively. Final action scheduled for June 28, 1988.. Existin; L.nd V.e.....,..............V.c.nt l.nd " Proposed L4nd U.e................ ....Exp.nsion of Automobile Dealership Water Service.......... ,.... .........Existino 10" water m&1n located on the e..t side of Germantown Road. Sewer Service......... ,....... ....Exi.t.n; lift stat.on at the southwest corner of Germantown Rd. .nd MiIfted St. Service requires extension of 8" pye from exi.tinq man.hole at the southwest corner at HiIfred St. and Germantown Rd. ITEM: .1lL;/ ~~ CITY COMMISSION DOCUMENTATION TO: ~ o. .BARRY, CITY MANAGER DAVID ~d~, t~~ DEPARTMENT OF PLANNING AND ZONING FROM: SUBJECT: PLANNING AND ZONING BOARD RECOMMENDATION RE A REZONING FROM PCC AND R-1A OF PROPERTY ASSOCIATED WITH THE WALLACE AUTOMOBILE DEALERSHIP (GERMANTOWN ROAD) AGENDA ITEM REGULAR MEETING OF JUNE 28, 1988 ACTION REQUESTED OF THE COMMISSION: Acceptance of the Board's recommendation of approval and direction to the City Clerk to prepare the enacting ordinance for first reading and to advertise the pUblic hearing for July 12, 1988. BACKGROUND: The property under consideration is 11.28 acres and is located on the east side of Germantown Road, north of Wallace Nissan. The property is vacant except for a portion used for pole storage by Florida Power & Light. The current zoning designation of PCC was established with the annexation of the "Weir Property" last year; the current zoning of R-1A was established upon annexation of this portion of Enclave 31A. The rezoning is to accommodate establishment of automobile dealership facilities which may accommodate either expansion of the existing Wallace dealerships located to the south or may accommodate a different franchise. Further background information and a complete project analysis is available in the attached Planning & Zoning Staff Report. The planning and Zoning Board's recommendation on the site and development plan will be before the City Commission concurrently with second reading of the rezoning ordinance. To: Walter O. Barry, City Manager Re: Planning and Zoning Board Recommendation Re a Rezoning From PCC and R-1A of Property Associated with the Wallace Automobile Dealership (Germantown Road) Agenda Item Regular Meeting of June 28, 1988 Page 2 PLANNING AND ZONING BOARD RECOMMENDATION: At its meeting on June 20th, the Board held a pUblic hearing at the conclusion of which the request was forwarded with a recommendation of approval on a 4-0 vote. There was no comment at the public hearing. RECOMMENDED ACTION: By motion: Accept the direct the City Clerk to reading and to advertise Board's recommendation of approval and prepare the enacting ordinance for first the public hearing for JUly 12, 1988. Attachment: Planning & Zoning Staff Report of June 20, 1988 REF/DJK#23/A:CCWALLCE.TXT . ITEM BEFORE THE BOARD: The action before the Board is that of making a recommendation on a rezoning of 9.90 acres of PCC and 1.30 acres of Rl-A to SC (Specialized Commercial). Companion to the rezoning, the Board is to make a recommendation on a conditional use request for the establishment of an automobile dealership. The property is located just north of the existing Bill Wallace Nissan Dealership at the northeast corner of Linton Boulevard and Germantown Road. BACKGROUND: The 9.9 acre parcel was annexed to the City in March of 1987 and given a zoning of PCC. The 1.30 acre parcel is currently being processed for annexation under provisions of the "Enclave Act". The annexation of 1.30 acre parcel, with initial zoning of Rl-A, is scheduled to be completed on June 28, 1988. The approvals of the annexation, initial zoning of PCC, and an' accompanying Land Use Plan Amendment were based upon an argument that changing the property from residential to industrial/commerce would spur area redevelopment. The Board had recommended approval of. that amendment and subsequent annexation/zoning upon the proviso that appropriate dedications were made along S.W. 10th Street and Germantown Road. Following annexation there was no further action on the intended PCC development and the property was sold. Around this same period of time, approval was granted for an automobile dealership to the south. During review of that site plan, an area larger than what was finally approve (legal problems kept the entire area from being available for development) was reviewed. The new dealership, while meeting code, did have a practical problem in providing sufficient employee parking. In an attempt to accommodate additional employee parking the applicant requested the granting of special permission (Administrative Relief) to use a portion (8.5 acres) of the PCC parcel for off-site employee parking. Administrative Relief approval was granted subject to various conditions including that a site plan reflecting the improvements necessary for developing the parking area be approved by the Planning and Zoning Board. To: Planning 'd Zoning Board Re: Agenda Il d III. A. Regular Meeting of June 20, 1988 Wallace Nissan Page 2 On December 21, 1987 the Planning and Zoning Board discussed a request for site plan approval associated with the request for Administrative Relief for an employee parking lot on the 8.5 acres of the 9.9 acre PCC parcel. A recommendation of approval was given, subject to conditions which included the processing of a subdivision plat for the entire 9.9 acre parcel, previously approved as a PCC, all to occur prior to April 1, 1988. A plat was not submitted and thus, the action of site plan approval has become void. At the Planning and Zoning Board's Special Meeting of February 26,1988, the current applicant requested an interpretation as to the consistency of the PCC Land Use Map designation and a commercial zoning designation. The Board determined that a zoning petition of SC would be generally consistent with the land use designation of PCC since the PCC was a form of the broader classification of commercial and that such a rezoning request may be processed without reqUiring a concurrent land use plan' amendment. PROJECT ANALYSIS: The zoning request and attendant conditional use request are intended to accommodate an automobile dealership use. Future development is to occur in two phases. The first would encompass the frontage along Germantown Road and provide additional showroom, office, and service facilities. The second is geared toward enhanced repair and service facilities. In conversation with the dealership owner, the Phase I facilities may either accommodate an expansion of the existing dealerships (Nissan, Ford) to the immediate south or they may involve relocation of another dealership (from elsewhere in the City). Firm business decisions as to the course to be taken, or its timing, will not be made until the rezoning, conditional use, site planning and platting processes are completed. There is no timetable for development except that it is anticipated work will be completed (at least to 25%) prior to expiration of the initial site plan approval period. The proposed site plan, which is accompanying the conditional use request, provides for the dedications which are required by the Planning and Zoning Board at the time of action on the annexation petition. Half right-of-way (25') for S.W. 10th Avenue is provided along the east boundary of the parcel. To: Planning d Zoning Board Re: Agenda It._.., III. A. Regular Meeting of June 20, 1988 Wallace Nissan Page 3 The following analysis applies primarily to the rezoning aspects of the public hearing item but includes a dual assessment (specialized zoning classification and automobile dealership use) since having the automobile dealership is the reason the zoning of SC is being sought. Comprehensive Plan Matters: The City's Land Use Map designation for the parcel is PCC (Planned Commerce Center) and C (Commercial). Pursuant to action by the Planning and Zoning Board at it's meeting of February 26, 1988, a commercial zoning designation is determined to be consistent with a PCC designation on the Land Use Map. Thus, the request is consistent with the Land Use Map. The Policy Guide to the Land Use Element of the Comprehensive' Plan has several policies which relate to au):o related uses. While none of those policies apply specifically to this request, other than compliance with the adopted auto dealership development regulations, in general terms, the proposed use and location do not conflict with the POlicy Guide. The "Automobile Policy Statement" which is still in draft form and under reconsideration by the Board, suggested that the Germantown Road area was suitable for the relocation of dealerships which were currently located elsewhere in the communi ty. However, there was discussion as to whether such a. use was applicable to both sides (east and west) of Germantown Road or only to the west which is designated for Industrial use pursuant to the Land Use Map. At the recent "Visions 2000" community goal setting retreat further statements were made regarding automobile dealerships. That information (excerpt attached) aCknowledges the establishment of new dealerships and does not speak against the proposal before the Board. One of the criteria referenced in the "Visions 2000" report is that new automobile dealerships should be developed with "special attention to adjacent land use concerns". In the situation before the Board, adjacent land uses do not include long-term, permanent residential uses except for proposed development to the east. That proposed development will be separated from the dealership by a street and/or other buffers and there will be no vehicular access directly between the dealership and that area. To: Planning 1d Zoning Board Re: Agenda I'L_,n III. A. Regular Meeting of June 20, 1988 Wallace Nissan Page 4 Zoning Code Matters: The proposed zoning classification requested is that of SC (Specialized Commercial). Adjacent zonings (upon completion of current enclave annexation process) will be as follows: CF to north (H.R.S. offices) RM-15 & RH to east (already in the City) SC to south (west portion), Nissan Dealership R-IA, corner lot at Germantown and east portion of the south border -- these are holding zone designations Industrial east of Germantown Road. The application has been assessed under Section "Standards for Evaluating Rezone Requests" with the results. 30-23(D) following Standard #1 and #2 (will change be contrary to the proposed Land Use Plan or existing Land Use pattern) _ The change will be consistent with the land use designation of PCC, as previously determined by the Board on February 26, 1988. The 1.30 acre parcel has an underlying map designation of Commercial. The rezoning request is consistent with the evolving land use pattern which involves the replacement of substandard residential development with commercial and industrial uses. S.W. 10th Avenue (planned) runs north and south along the eastern boundary of the property. This roadway forms the land use separation between planned commercial and residential uses. Standard #3 (spot zoning) - The proposal is not spot zoning in that SC zoning occurs both to the south and southwest. The proposal is also consistent with the proposed Industrial and Commercial Land Use designations to the north and west. Standard #4 (load on public facilities) - This proposal is consistent and less intensive than (PCC) the land use designation for which public facilities have been planned. The area currently has access to City water via from a ten inch (10") water main which runs along the east edge of Germantown Road. Sewer will be tied in via a proposed 8" line to an existing lift station at the northeast corner of the Bill Wallace Ford dealership across the street from the proposal. Neither facility has capacity problems. To: Planning d Zoning Board Re: Agenda It_J III. A. Regular Meeting of June 20, 1988 Wallace Nissan Page 5 Standard #5 (district boundaries illogically drawn) - The petition follows logical boundary with the exception of a small lot next to the southwest corner of the site. A single family structure exists on the property, and according to the applicant, is to be condemned and incorporated into the development at a later time. Standard #6 (changing conditions made rezoning necessary) _ Changing conditions associated with redevelopment of the area may have not made the rezoning necessary but may have made it appropriate. Attempts have been made to develop the property with it's present zoning designation yet have appeared unsuccessful. Standard #7 (adversely effect living conditions in adjacent neighborhoods) - S.W. 10th Avenue will create a boundary between residential use east of it and commercial uses to the west. All commercial uses, including the proposal, will be restricted to taking primary access off Germantown Road. Because of this "natural boundary" and the distance between this development and residential developed proposed to the east, there should not be an adverse impact on adjacent properties. Regarding the few residential dwellings which do exist in the immediate area, they are destined for destruction as commercial uses evolve. In general, development of the property will enhance living conditions in the area by replacing vacant land with development which will enhance the area and which will provide activity which may discourage current illicit activities which are known to occur in the area. Standard #8 (change create increase traffic) - Allowed uses under the SC zoning do not present a change in circumstance which would anticipate an increase in traffic over what would be generated in a PCC development; thus, this standard does not present a concern wi th respect to rezoning. A traffic study has been commissioned in conjUnction with the condi tional use and site plan requests. That study will address the need and appropriateness of improvements along Germantown Road and off-site. To: Planning ~nd Zoning Board Re: Agenda I III. A. Regular Meeting of June 20, 1988 Wallace Nissan <'age 6 Standard #9 (change create a drainage problem) _ There are no known drainage problems in the area. Drainage can be accommodated through normal engineering techniques applied during site plan review. Standard #10 (changes impact on light and air) _ No such changes should occur since the proposed use involves few buildings and considerable open area for parking and the maneuvering, and storage of vehicles. Standard #11 (effect on property values) _ The change will have little effect on adjacent property values as the immediate area is a transitional area slated for future commercial and industrial development. The use to the immediate east of this proposed development is proposed mUlti-family which will act as a buffer between the I commercial use and the Single family component to the east. Standard #12 (deterrent to improvement of adjacent properties) _ The proposal redevelopment of addition, it will which in turn may related uses in the will probably help promote further the area which is greatly needed. In provide a concentration of automobile use generate a basis for repair and automobile Industrial area west of Germantown Road. Standard #13 (special privilege) _ No special privilege will be conveyed to this petitioner as request is deemed consistent with the underlying land use designation of PCC (Commercial) and under similar circumstances a similar request made by others would be granted. While there is community debate about allowing additional dealerships in the City, there is no prohibition against this occurring. Standard #14 (property used with existing zoning) There are no physical constraints which prevent the property from being used with the existing zoning of PCC. However, there are two larger PCC projects in the City and each is experiencing difficulty in obtaining tenants. The existing zoning was placed upon the property with, apparently, little market analysis and foresight. To: Planninr ,nd Zoning Board Re: Agenda ~ ~m III. A. R~gular Meet.ing of June 20, 1988 Wallace Nissan Page 7 Standard #15 (change out of scale) The change is in scale with The fact that it may be expansion of adj acent uses scale. existing commercial development. used in conjunction with the connotes the appropriateness of Standard #16 (other areas with appropriate zoning) SC on vacant property exists along the Federal Highway corridor in the vicinity of Lindell and at LaMat (currently in the County). Other vacant SC property exists along Federal Highway but is controlled by associated dealerships. However, if the use of the site is that of expansion as opposed to relocation (from another site), there are no adjacent areas appropriately zoned. In addition, there exists a problem in providing parking for employees of the nearby dealerships. Upon enactment of the requested zoning, it is possible that an interim use of the site may be that for employee parking; and that, the ultimate development of the site accommodates the parking needs of those adjacent dealerships. Standard #17 (sufficient evidence for need of change) There has been sufficient evidence provided which supports the requested change. Conditional Use Matters: The conditional use hearing has been advertised and should be conducted at the June 20, 1988, meeting. Detailed analysis of the conditional use request cannot be completed until the required traffic study is completed. Some aspects of the conditional use request consideration, as they relate to site plan matters are broached under Agenda Item IV.C. Formal recommendations on these aspects of the conditional use request will be forthcoming at next month's meeting. However, the basic question of allowing an automobile dealership at this site can be addressed by the Board at this time, since it' involves application of land use policies. Thus, if the Board is inclined not to accommodate the potential for additional automobile dealerships in the City that topic should be thoroughly discussed at the conclusion of the public hearing. ~. To: Planning -~d Zoning Board Re: Agenda I JIll. A. Regular Meeting of June 20, 1988 Wallace Nissan Page 8 ASSESSMENT AND CONCLUSIONS: From a traditional land use perspective the requested rezoning seems appropriate. A general conclusion of the above analysis is that the current zoning (FCC) is in~ppropriate. This is attested to by the fact that there was not an actual plan of development to accommodate the associated annexation and rezoning action. Given that the above may be the case, a different commercial zoning designation seems appropriate. The conditional use request and attendant site plan can easily accommodate the City's development requirements and no significant problems which would question approval have surfaced during reviews conducted to date. The only item which lends itself to jUdgement is that of providing additional SC zoning which, in turn, accommodates automobile dealership uses. ALTERNATIVE ACTIONS: 1. Continue with direction. 2. Recommend denial of the SC zoning request in that it then allows the pursuit of a conditional use for establishment of an automobile dealership and allowing for this to occur is contrary to Board's interpretation of community sentiment and the City's land use and development policies. 3. Recommend approval of the rezoning request from PCC and R-IA to SC based upon the fOllowing findings: That the proposed zoning (SC) Specialized Commercial is consistent with adjacent zoning and complies (does not conflict) with all seventeen Standards for Evaluating Rezoning Requests as found in Section 30-23(D). The proposed zoning is consistent (does not conflict) with the City's Land Use Flan designation for this property. To: Planning 'd Zoning Board Re: Agenda It . III. A. Regular Meeting of June 20, 1188 Wallace Nissan Page 9 RECOMMENDATION ACTION: By motion, forward a recommendation to the City Commission that the zoning request of s.C. be approved based upon the findings as stated above. ref:PD# ref:PD#AMay16/A:debp o. New ':;=J,f .-l.IJto .,t~,,~ dealer:;nip') art~ )r', ill Jral component of th~ local economy. However, additional new car dealerShips should be developed only in designated areas with sp~r.i~l ~ttention to adjacent land use concerns. No additional automotive uses should be permitted ~ithin the central business district or the area extending four blocks north and three blocks south or Atlantic Avenue along the Federal High~ay pairs. Additional automotive uses should be prohibited on the east side of ~pderal High~ay. Related automotive uses should be discouraged on Federal High~ay and channeled to~ard appropriate industrial use areas. The City should discourage small used car lot businesses. .... 7. The City should consider using tiered parking -__h garages ~ith mixed use developments to ease the do~nto~n parking shortage and promote downtown development. 8. The City should support upscale hotel and resort development at A-I-A and Atlantic Avenue and at Linton Boulevard and 1-95. 9. The City should increase parks and open space acquisition efforts. ,I' 10. The City rire station should be relocated to the West Atlantic Avenue area, east of 1-95, be well landscaped, and have a small park with some recreational amenities. B. The City of Delray Beach needs to develop an infill ~~v~lopment strategy to encourage develupment of . ) - .. J - ~ ---- - . \ \ \ ~ I / '" . I,L' .t" ..~ ....... .. " ....... ".!;...:r.;j. ~ /"7'" '7 '" ...... . . ~ v " ~ " ';:, ; ,. "L' ~ ......... .....-./t . II' " ,J rr ~ '.: ././ ' : ~ ,.,;" ~ ., / .1 "..lL ~ = _ // ~ , ,; ,,-' -. L~ <I- I ............... ~ :, . : ~, cfc" / ............. .,ir" I .--,,--r+:1~ 0 -,... / /' I" ,~~ ';zijili:!;Si]tfr ~ R W'15 ~ __ )",.;g!liS-;"";: :: ~~'i;:;( "- _ """ ~,.;!'. U', . Bli . '1"'..' .,.....II~...'." ~ '. ,,;c". · ~ ~ - . ...",,, .-' q." ..~ 'CL': '~',;;;' ; l~o:.\,F~i ~:iL~v ~~"~!..~t;; .:.~;. i' ........ . .. " . _ . ~ ' ,,' ~.>N I ~ . .. . . , , . :J;:; - ,- 'uoJ . '. -"J~" ....; . ."I,~.,. , ..... ..' 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'. .T. ;1 :- ~ ~;: !:I:\:~ l~l.,.;.i; ........ // / ~ ............... / RM ................ " I ....., ,~ :~J ~ . ~. ..... ......... A.ri; . ---: .... .... " .All;"" .ir l' " , Il.... \(' ~;"" ri': 'J I' .Y ~ ,.... R "" .'\ .~^ , . .' . : ..... , , ..... -.ecp: . .- - I . // " '. ..... ;".-".. :,.~ ! .' " . . , .' '., i' .. ~ 'II J: .' ' .' ... ,. ,.', )< .,f ". ,.:......Cy' ^ :' , ntr: .' .f ,. . Z '" e .. ~ \".Y ~ ..... , :. I i 'f ,,' , ? ~.r ~ .'~~ ~~",:,:~ ;qr.i~i../~~~:'~ .' I _ ..'\.....,X.." . , .. - " .,'1 '''''1' 'J..~d"""R .,:' I~ ... .,~~ -,:, 'I '" "'i"~' r-....... I ' ...... Y, / R 1 .,/' -~AA ::: " I 'A:. ( I ; to!. II " .... ! ~ . v ..,,,,,,,,,fo'; .:.:o:;.~;~;!.:.:., ....:..~.. .....:..~ ....... .... . ......., d:- ;V (3. ,: 1''' I so 12. 'I ., ': U.1h "., .s' . ~ ,It! ,o~,~~~ .. . ... ..~~ u~..~. - '.. -~ III'" -- ~ ~ ~~. -- - --- - DEPARTMENTAL CORRESF-0NDENCE [ITY DF DELRAY BEA[H ~~(j TO Walter O. Barry, City Manager hAc:.. ~Gerald B. Church, P.E., City Engineer FROM SUBJECT Dolphin Pile Variance Request - Lot 169, Tropic Isle 6/15/88 DATE Mr. Max Hagen, attorney for Mr. and Mrs. Michael Bacarella, has requested, on behalf of his client, the subject variance re- quest. As per Mr. Hagen's letter (copy attached), the request is rather complex and involves a ~awsuit between the property owner and an adjacent property owner. Engineering recommends approval of the variance for the following reasons: 1. It would be impossible to construct a dolphin pile at this location and meet City code requirements. 2. It would not endanger public safety. Both adjacent property owners object to the variance request (see attached copies of letters). Also attached are an agenda re- quest form for the item and a sketch of the proposed installation. GBC: slg eM 362 THE EFFORT ALWAYS MATTERS '>1 rJUl'l 1 0 \988 LAW OF'F'ICES MAx M. HAGEN, P. A. 16663 N. E.19!!:! AVENUE NORTH MIAMI 6,EACH, F'LORIOA 33152 TELEPHONE (305) 940-0515 PLEASE REF". TO OUR FILE .. June 7, 1988 2540-11 Gates D. Castle, P.E. Assistant City Engineer City of Delray Beach Delray Beach, Fla. 33444 Re: Lot 169, SECOND SECTION OF TROPIC ISLE, according to the Plat thereof recorded in Plat Book 24, Page 246, of the Public Records of Palm Beach County, Florida. Request for variance for installation of Dolphin pole. Dear Mr. Castle: Please be advised that I represent Michael Deborah Bacarella, his wife in connection with a variance to install a dolphin pole adjacent to dock their boat. J. Bacarella and their request for to their property The purpose of the placement of the dolphin pole is to avoid any technical encroachment of any riparian rights of either of the adjoining property owners. When the boat is docked sideways adjacent to my clients' property there may be a very minor encroachment on one or the other adjoining property owner's property depending upon the position in which the boat is moved, forward or backwards. My clients and the adjoining property owner, Mr. Anthony Coneff, have been involved in certain litigation. Mr. Coneff complained that the original position of the beet ccr..stituted a technical encroachment of his riparian rights. we secured an engineering survey and it showed a very minor encroachment on his vacant loe adjacent to where my clients' property is located. Mr. Coneff resides on the second lot not directly adjacent to my clients' property but made a major fuss over his view of the canal being obstructed by about a two foot portion of the rear of my clients' boat. In order to avoid lengthy, time consuming and expenshje litigation my clients' voluntarily agreed to the entry of an Agreed Stipulation with regard to the placement of the boat. Mr. Coneff apparently has engaged the support of the adjoining owner who has title to another piece of property and has created a second possible objection to the placement of the boat now being forward and thereby possibly making a similar technical encroachment on the other adjoining landowner's property. Our surveyors and engineers have determined that the application for the placement of the dolphin pole will eliminate any technical violation as to either adjoining landowner and that is the reason why the request for the variance has been made. It is obvious that the canal is used for pleasure boating purposes and that is why my clients' and other similar owners situated along that canal have purchased property in that area and have docked their respective boats along the canal. The sight of these boats is obviously a beautification rather than a hinderance of the canal area. However, if somebody wants to complain that a two foot view of the rear or front of a boat constitutes an eye sore, then so be it. To my clients this type of complaint constitutes a clear indication of harassment versus an actual problem. My clients' boat is a 24' Sea Ray which is a relatively small boat that does not create any problem whatsoever with regard to its use nor the right of ingress nor egress to any other adjacent property owner and certainly does not disturb the view of any owner residing on a waterway. Since Mr. Coneff has created the problem by the filing of the lawsuit and the entry of an agreed order, it now becomes necessary for my clients to require the variance for the placement of the dolphin pole, so that they may use their waterfront property for the purposes for which it was intended. We invite you or a member of your staff or any other interested party to make a visual inspection of the area and the situation that is involved and the only conclusion that can be drawn is that some relief should be given to my clients under the circumstances. Please make the necessary arrangements to set this matter for an appropriate hearing with notices to all parties concerned and we will plead our case accordingly at that time. Thank you for your attention and cooperation in connection with this matter. I Q(ji~~ MMH: If cc: Mr. and Mrs. Michael Bacarella LAW OF'F"ICES OF' MAX M. HAGEN, P. A. 16663 N. E.19!!! AVE., NORTH MIAMI BEACH, FL.ORIOA 33lSZ \V0 0>- 'v t.. r ~ f i i ,. , ~ r f: r , ( ,,~, :;. \ \ L1 g \ )-1 v 0,11 104 ?A AD \\ ~\) , v I' .n") ~ v ~I ').v \ P "'-. "'-. ......... ......... ......... "- "- "'- ............ ............ \ ............~ \ \ \ \ di1 ~' 'I /" .~o,4 /" I},'" / / /' 'II 02'. '../ () II f)O-' ," l.P /" 10<. '~10.<7('" /. 'p?!p /(1 VC:, r.P . f... p ,e, o / ,,\' s'8' f{:' J v Q. ,,0 , I rvl! I I / 0 / i 1':, /1'70 J 'I "o~'2. '30 !D" ').1 /6 ;>0 Zr-I 30 I, \1]0 I o.{ v / I - - GZ;~~~~~/ :75c//'~~~ ~~ d/~~(s?7L :7 _ c:l4~ 4z;-a-~ d a~ / k. . ~d /::Jct:t. ~~/ ~~< ~(~~~~ ~~-:Z-~~ ~~ ~~~~~ ..?2~ ~r? ~L/$?P~7~ ~ .. ~~-~ ~~;d'~ ~ ~~a ~~~~,~~~~'J~ .-2f ~~ ,:; s~~~~~~~ ~-~~~~ A~~e.:?3~6 D*~~/7C ~ ~~ 7/~e:;;>~~&~ f~c ~ /' ~y /6'7}'!;! d- ?~~ ~?tdUU~ c::UvA //~~ ~~r~ -:-:>/ d /./ /'/_.2:; . ;~~(~4Y~P- c?/7 ~~~~, ~~A'~~ c€/ ~~/~ d#-~6S:: OOYeJ ~ May 20, 1988 Gates D. Castle, P.E. Assistant City Engineer City of Delray Beach Delray Beach, FL 33444 Re: Notification Regarding Variance Request Lot 169, Tropic Isle Dear Mr. Castle: In further response to your letter of April 28, 1988, which I received by certified mail on May 14, 1988, reference the above, I wish to clearly state that I object to the proposed variance. The proposed variance would allow the boat to be placed right in my line of vision from my backyard and the boat would block my view of the canal. Therefore, granting of the proposed variance would result in loss of my enjoyment of my property, as well as loss of marketability of the property. Furthermore, I feel matter and request may attend. there should be a public hearing on this notice of any such public hearing so that I , Thank you for your kind cooperation. Very truly, ~d76~ Anthony B. Coneff ek All tltollY R. COlle ff 910 All~manda Drive Delray Beach, Florida 33444 t1ay 19, 1988 Gates D. Castle, P.~. Assistant City Engineer City of Delray Heach 100 N.W. 1st AVEnue Delray Beach, Fl. 33444 Re: Notifica:ion regarding Variance request _ Lot 169, Tropic Isle Dear t1r. Castle, In response to your letter dated April 28, 1988, whioh I received by certified mail on May 14th. regarding the variancE request to install a dolnl1ir: pile for Lot 169, Tropic Isle, less thall the code requirement of ~5', please be advised that the own~r of said Lot 169 is under a permanent injunction from encroaching over my riparian rights fronting Lots 167 and 168, which is adjacent to the ahove mentioned Lot 169, said injunction is recorded in Official Record Book 5611, Page 850, in the Public Records of Palm Beach COUllty, Florida. In the past, I have met vith the owner of Lot 169 and have had llumerous verbal commitments from him that he would stop allowing his boat to be parked within the area of the canal behind my property, but to this iate the owner of Lot 169 has continued parking his boat behind my proT'erty in sptte of tne <<hove melltioned injunctioll, because of the above lack of willingness to abide by his comrlJitments, I wish to express to you my objection to the requested variance and feel the only solution is for the owner of Lot 169 to remove his boat and place it in some available storage -1- ~ .-- ---- - marina sinc~ th(' ~lrcC1 lh~ OWllS ':H1jEtCL'lIt to his proPl'rty is teo SlnCllJ. for th(~ si<:e. hoat he.' O\ms. I have i1 court date on \vecillesC:~"Y, H,Jy 25th, in which the owner of Lot l70 il1tellds to jOill ,Jith !ee in an 2tte[,]pt to have the boat removed fro'" the area behi:ld LDt 169. I ClDpreciate you!" letter nctifyi~lL :,18 of the varia.nce request an(~ will 1;€: '.l?Pf1.Y to 6ive you the 8t:tcoDe of tll.E above r.lentioned court .iudgemellt if lleedec!. Yours Truly, AlJC: HAG: skiT! -2- DEPAR-~ .J1ENT AL CORRESPONDENCE TO Walter O. Barry, City Manager [ITY DF DELRAY BEA[H ~Ci FROM )1Jlt .~.r Gerald B. Church, P.E. ,City Engineer SUBJECT Dock variance - 837 Lake Shore Drive (West ~ of Lot 2 and all of Lot 3, Lake Ida Shores) DA TE 6 / 1 3 / 8 8 Mr. & Mrs. Seckler, owners of 837 Lake Shore Drive, have the subject dock variance (see attached copy of letter). variance is required since the proposed dock extends 26' water from the property line, while the City code allows requested The into the only 5'. Engineering recommends approval of the variance request. This recommendation is based on the facts that due to shallow water depths it is impossible to meet the code requirements in this case and public safely will not be endangered by the request. An agenda request form for this item is attached along with a sketch of the proposed dock and affected properties whose owners were notified of the variance request. GBC:slg eM 362 THE EFFORT ALWAYS MATTERS . 5~ 837 Lake Shore Drive Delray Beach, Fl,3J444 May 18, 1988 City Engineer for Delray Beach Gerald Church 100 NW 1st Avenue Delray Beach, Fl,JJ444 Dear Mr. Church. We are seeking a much needed variance from the Delray Beach COde, Thehdock wlllPropose is not in accord 1<i th city code. Not expecting Suc a prOD em ~o ar1se, we oougn~ a ooa~, We are struggling with a storage problem and we worry every night about it's safe keeping, as we have had several robberies, The boat will be far safer on a lift on a dock. The dock we propose is one of the most popular and effective wa~ of docking a boat. From our home alone, (not including all the finger inlets and docks on Lake Eden, etc,,) we can see over ten structures like the one we propose. Because of the quality of work- manship on this dock, it will not be an eyesore. We intend to subcontract the majority of work to a longtime Delray-Boynton man, Troy Ennis, Delray Marine Contractors... Being an expert in this field, he himself proposed this structure on our location. We have I62 feet of seawall, a lot and -tlot, and the majority of our property looks straight up the lake, while the west part looks across a canal at the back side of the Delray Playhouse and a tree, The distance from our seawall to the edge of the water behind the playhouse would be way over 80 feet, if they maintained their water's edge. To the west of our home is Bob and Ruth Garrity's home, and two empty lots, The depth of lake water has been known to go below zero inches Qy the edge of the seawall, when the lake is low. For this reason we propose pulling into the dock with the boat engine in the deepest area. We feel .50 to 55 feet of passageway on the north side of our dock should be ample room for others to pass thru should future boaters use our canal, Very Sincerely Yours, " ~~~ M..Pe-, Corinne and Warren Seckler t ." ... :.tf- r:. , l> / -< ~,; / I I , ...\~ , I " " ~rf\ ... " " :11m I 00 " / -:11- '" / ~/ ~.... \ /. z< (')0 / ! m~ \ / :IIz ..... . mm ". ,I) :II '. ;';34.53 ~cn .... ... .. ...: \ ........ cnz ; I ....0 I I \ .... f. - / \ ... - \, m " ., I \ \ .. III: f/g~- '. o o . ::0-' rrr- (; . o .. .. , .. -- ~ -- -=- =-- ~-- - - - .. o z n Z .. ,. 0 0 c:.. 0 o '" o .. '" ... . '" ... '" N '. '. '. AV. NUE ... . \ i c;'l \ _J> 0;0 00 ITl 2 .J> 10 8 tho 10 (j) I :r: I~/' 0 :: - ::0 - :f"T'l 0 0; " 0 . . ll) 0 ~ '4/" :;0 - Ol < rn I 110.01 = "0 110.01 t;i ~ .. .. N '" _ - r _ \) go g N o ::0 =:-1 ~ '0 '" o -0 ..:I: - <:.s. C.54 "0: 0 .. -L - ",nl <; 0<>- 0 0 ,Ql 00 (J) 0 ClO ;:; '" ... ;; 0 0 0 .... ". 110 ... \ /1':1' , - ~ \ 0 23...1" \ ~~ ~, CP I r " - 'Is ~ .. *, - ". '.. 'll ~c.<. Ut . .:... \ \ \ \ \ -=- -- ~..: .... \ l, \ ' . \ / / / ~p,._I. to. ....~:..:~.n'.II., \ PLANNING E. CITY OF OELRRY ZONING BORRD BERCH STAFF REPORT MEETING OFlTE: JUNE 20, 1988 (CONTINUED FROM APRIL 18, 1988) AGENDA ITEM: IV. A ITEM: CONSIDERATION OF THE CONDITIONAL USE REQUEST AND ATTENDANT SITE PLAN FOR EXPANSION OF SHERWOOD AUTO DEALERSHIPS ON THE WEST SIDE OF FEDERAL HWY. '0 PA ... ...l.' .~ , LAvER S OEL RA.'r R AC OU[1' CLue ADDnlON t('4l, PG.112."3 ACR ~ -:;~ GENERAL Bk.29 IPG '2 I WENTON . VILLAGE P 33 c R :::;1.. DRTR: Owner.......................... . Sherwood Sheehan, Jr. Agent...........................Mark Marsh, Architect Digby Bridges, Marsh & Assoc. Location........................Northwest corner of Federal Highway and Avenue "0" Property Size................... 2.39 acres City Plan Designation...........Commercial ;to Adjacent Zoninq.................sC (Specialized Commercial) to the north, south, east, and RM-10 to the west. Existing Land Use.,.........,.,.The portion of the property adjacent to Federal Highway is used as an automobile sales area with existing trailer office bUilding. The area adjacent to Dixie Highway is vacant. Proposed Land Use...............Removal of an existing sales building and construction of a new automobile dealership with support facilities. Water and Sewer Service.........Water and sewer is adjacent to the site running along west side of U.S, Highway No.1. ITEM: T.V, A s~ CITY COMMISSION DOCUMENTATION FROM: C5~~' ~:;AG~ DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING TO: SUBJECT: PLANNING AND ZONING BOARD RECOMMENDATION RE CONDITIONAL USE AND SITE PLAN APPROVAL FOR EXPANSION OF THE SHERWOOD AUTOMOBILE DEALERSHIP ON FEDERAL HIGHWAY AGENDA ITEM REGULAR MEETING OF JUNE 28, 1988 ACTION REQUESTED OF THE COMMISSION: Acceptance of the Board's recommendation and approval of the conditional use request and attendant site plan for expansion of Sherwood Pontiac based on the findings and conditions as stated by the Board. BACKGROUND: The property under consideration involves 2.39 acres and is located on the west side of Federal Highway, north of Sherwood Pontiac. The new development (CUP and site plan action) will comply with code upon fulfillment of the conditions of approval. A code requirement is that the balance of the Sherwood dealership(s) be brought into compliance with the special automobile dealership regulations. Because some of the land upon which those dealerships are located is leased and because there are plans for remodeling of the existing Pontiac dealership, a proposal was made to provide some upgrading at this time and defer the balance for up to a three year period. An agreement and financial guarantee to this effect will be provided. Details of the upgrading proposal are found in the attached Planning And Zoning Staff Report. To: Walter O. Barry, City Manager Re: Planning and Zoning Board Recommendation Re Conditional Use and Site Plan Approval for Expansion of the Sherwood Automobile Dealership on Federal Highway Agenda Item Regular Meeting of June 28, 1988 Page 2 PLANNING AND ZONING BOARD RECOMMENDATION: At its meeting on April 18th, the Board held a public hearing on the conditional use aspects of the request. At the conclusion of the hearing, it was the consensus of the Board to approve of the use and the site plan for the new development but to continue the matter so that the total site upgrade could be resolved. At the public hearing there was opposition to hearing the item without the upgrading proposal before the Board. On June 20th, the Board reviewed and recommended approval of the upgrading proposal and then forwarded the complete package to the City commission with a recommendation of approval. There was no further public comment on June 20th. In addition to the "recommended action", as set forth in the staff report, the Board accommodated the following: a) recommended that a waiver be granted to the requirement of installation of sidewalks along Federal Highway and Dixie Highway (platting Item #3); and b) added another condition to the "Total Site Upgrading Items", that agreements requiring the installation of the twenty foot landscape strip along Federal Highway either at the time of redevelopment or widening of Federal Highway, whichever occurs first, must be provided prior to issuance of building permits. The Board's recommendation was by a 4-0 vote. RECOMMENDED ACTION: By motion: Accept the Board's recommendation and approve the conditional use request, attendant site plan for expansion of Sherwood Pontiac, upgrading proposal, and waiver of sidewalk requirements based on the finctings and conditions as stated by the Board. Attachment: Planning & Zoning Staff Report of June 20, 1988 REF/DJK#23/A:CCSHRAT.TXT TO: Plannin Ind Zoning Board RE: Agenda Item IV.A. Regular Meeting of June 20, 1988 Consideration of Conditional Use And Attendant Site Plan For an Expansion of Sherwood Pontiac Page 2 d) e) a) documentation that the loading area for the expansion will be provided on the adjacent parcel to the south; b) documentation that landscaping along the western border will be relocated upon the widening of Dixie Highway; and c) lighting intensity must ~e reduced to meet code limits. No structures or walls are allowed within the 20 foot landscape strip along Dixie Highway required by section 30-16. This will require relocation of the existing fence along Old Dixie Highway to the inside perimeter of the landscape strip. A note must be added to the landscape plan that sod ar irrigation will be provided to the edge of pavement adjacent Dixie Highway. The remaining items to be addressed regarding the aspects of the request will be complied with when the plat is processed. Those items include: expansion required 1. Right-of-way dedication of 50 feet for Dixie Highway. 2. Dixie Boulevard, as it crosses this abandoned concurrent with platting. for abandonment is required. property, is to be A formal petition 3. Sidewalk installation is required, pursuant to Section 24-31(A), at ultimate property lines along Dixie Highway and Federal Highway. Waivers for this requirement have been granted for similar projects. 4. Adjacent parcels (balance of Sherwood Dealership) have not provided dedications as required along Dixie Highway. It is desired that since upgrading of the entire site is required, that requirement apply to this sUbject and that right-of-way dedication for Dixie . Highway be provided for the balance of Sherwood Pontiac concurrently with the platting of the northerly parcel. 5. Cross-access easements must be provided since the expansion site takes access from the property to the , TO: Plannir and Zoning Board RE: Agenda ~cem IV.A. Regular Meeting of June 20, 1988 Consideration of Conditional Use And Attendant Site Plan For an Expansion of Sherwood Pontiac Page 3 south, both at the east and west ends of the parcel. (Note: The parcels cannot be combined since they are not in the same ownership -- the expansion parcel is being leased.) TOTAL SITE ANALYSIS: A total site 30-12 (N) (5) (A). of the Sherwood upgrade is The following hOldings; required pursuant to discrepancies exist on the Section balance Sherwood Pontiac Existing Dealership Existinq Site Analysis: r Cateqorv SQ. Footaqe % of Site Total Site Area 207,900 Sq. Ft. Per.Landscape Provided - 12,717 Sq. Ft. 1,740' Fed 8,500' Dixie 1,678' S. border 799' N. edge 100% 6% Building & Trailer - 18,067 Sq. Ft. 7% Internal Landscape provided - 10,723 Sq. Ft. 650' Trailer 1,800' Dixie (6") 2,137' Drainage Ditch 6,136' Front Display 5% Remaining Paved Area 166,393 Sq. Ft. 80% TO: Planning _~d Zoning Board RE: Agenda Item IV.A. Regular Meeting of June 20, 1988 Consideration of Conditional Use And Attendant Site Plan For an Expansion of Sherwood Pontiac Page 4 Required Internal Landscaping: 10% of 166,393 Sq. Ft. or 16,640 Sq. Ft. Provided: - 10.723 Sq. Ft. Shortage: 5,917 Sq. Ft. New Landscaping Proposed: 3,105 Sq. Ft. 15' x 90' island 18' x 97' island Deficiency: (2,812 Sq. Ft. ) The applicant is proposing to provide two landscape islands to break up the expanse of asphalt behind the existing showroom. The balance of the internal landscaping is proposed to be installed with the redevelopment of the site as installation aj this time would adversely effect current sheet flow drainag patterns. A catch basin drainage system will be installed wit the redevelopment of the site. A letter of credit covering 110 of the cost of the required landscaping will be provided to the City for assurance that the improvements will be made within a time frame stipulated by the Board and City Commission. Required Internal Trees: (One for every 100 Sq. Ft. internal Landscaping) Required: Existing: Shortage: 167 12 155 New Internal Trees Proposed: 8 Remaining Deficiency: 147 The applicant is proposing to provide 8 trees to be placed in the new internal landscape islands. The balance of the trees are to be covered in a letter of credit covering 110% of the cost of landscaping needed to bring the site up to code. Required Perimeter trees: (one every forty feet on center) Along Fed Hwy. Required: 7 Existing: 10 Along Dixie Required: 7 Existing: 5 Shortage: 2' TO: Planninc ~nd Zoning Board RE: Agenda Item IV.A. Regular Meeting of June 20, 1988 Consideration of Conditional Use And Attendant Site Plan For an Expansion of Sherwood Pontiac Page 5 Required Perimeter Landscaping: Required: Existing: Shortage: 16,394 Sq. Ft. 12,717 Sq. Ft. 3,677 Sq. Ft. The deficiency is accountable from both a 4.5 foot landscape stripe on the south which is deficient in width by six inches along with the landscaping strip along Federal Hwy. being six feet in width verses the required 20'. The applicant has proposed to retain the existing nonconforming width with a written agreement that upon redevelopment of the existing dealership or widening of Federal Hwy., the 20' strip required by Section 30-16 (H) will be provided. The 6" discrepancy along the landscape strip on the south border is not proposed for upgrading as it would serve nr purpose. Parking Requirements: Required Employee/Customer/Outdoor Display spaces located in repair area specifically designated cust/emp Total 59 27 29 While enough parking spaces exist on site, they do not comply with code in that the spaces are neither designated nor appropriately located. Sherwood Truck Sales: Existing Site Analysis: Category Area % of Site Total Site Area 50,355 Sq. Ft. 100% Per Landscaping Provided 2,315 Sq. Ft. 5% Int Landscaping Provided 634 Sq. Ft. 1% Building 1,350 Sq. Ft. 3% Total Paved Area 46,056 Sq. Ft. 91% TO: Plannin lnd Zoning Board RE: Agenda Item IV.A. Regular Meeting of June 20. 1988 Consideration of Conditional Use And Attendant Site Plan For an Expansion of Sherwood Pontiac Page 6 Perimeter Landscapinq: Required perimeter landscaping Perimeter landscaping existing Landscaping to be provided Deficiency 5,625 Sq. Ft. 2,315 Sq. Ft. 925 Sq. Ft. 2,385 Sq. Ft. 11% 5% 2% 4% The 925 sq. ft. of landscaping is to be added to the northern boundary of this site. There is no proposal to increase the perimeter landscaping along Federal Highway at this time, but the applicant will enter into an agreement to provide the required 20' landscape strip along Federal Highway upon any redevelopment of the site or widening of Federal Highway (whichever occurs first). Required perimeter trees: (one every 40 feet) f Along Fed Hwy. Required: 3 Existing: 2 Shortage: 1 Along S.Border Required: 10 Existing: 6 Shortage: 4' Along N.Border Required: 10 Existing: 0 Proposed: 7 Shortage: '3 The reasons for not installing all the trees which are identified as "shortage" is as follows: a) The Federal Highway trees would be installed when the perimeter landscaping is increased; b) The south border trees would be installed upon redevelopment since reconstruction of the parking. lot would affect grades, hence the viability of the trees; and c) The north border trees would be installed east of the building concurrent with redevelopment of that portion of the site. ;, .., TO: Plannin lnd Zoning Board RE: Agenda Item IV.A. Regular Meeting of June 20, 1988 Consideration of Conditional Use And Attendant Site Plan For an Expansion of Sherwood Pontiac Page 7 Funds for purchase and installation of all of the trees which are "short" are to be provided in a financial guarantee which is to cover all landscaping deficiencies (discussed later). Required Internal Landscaping: Required landscape area (10% of 45,131 Sq. Ft.) Existing landscaping: Proposed landscaping: Shortage: 4,513 Sq. Ft. 634 Sq. Ft. 775 Sq. Ft. 3,104 Sq. Ft. 100% 14% 17% 69% A landscape strip is proposed along the north border of thi~ site. It's total area is 1,975 Sq. Ft., 1,200 Sq. Ft. of whic is perimeter landscaping,g and the remaining 775 Sq. Ft. goe toward the internal landscaping requirements. An additional 925 Sq. Ft. of landscaping is planned with the redevelopment of the property. As in the other situation, it is requested that these improvements be deferred based on potential negative effects on sheet flow drainage. The foregoing proposal will leave the site 2,179 sq. ft. shy of the amount of required landscaping. Required Internal Trees: (one for every 100 Sq.ft. of internal landscaping) Required: Existing: Proposed: Shortage: 46 1 o 45 While some trees may be located in the 925 sq.ft. of landscaping which will be installed with redevelopment, and some trees exist around the perimeter of the site, a significant deficiency wil~ continue to exist. Parking Requirements: Only six parking spaces are required on this site (i.e., parking for customers and employees). Although there are many more spaces actually in use on the site, they do not meet code in that the spaces are neither. designated nor appropriately located. .;:.;., TO: Planninc .nd Zoning Board RE: Agenda Item IV.A. Regular Meeting of June 20, 1988 Consideration of Conditional Use And Attendant Site Plan For an Expansion of Sherwood Pontiac Page 8 Sherwood Body Shop Existinq Site Analysis: The site as previously approved meets current code. applicant has proposed to complete the installation of landscape material as soon as they become available. Upon inspection the approved dumpster location indicated at southeast corner has not been installed. The applicant indicated this will be constructed with installation of landscaping. The the site the has the ASSESSMENT --- TOTAL SITE COMPLIANCE ISSUE: The proposal before the Board for addressing the total site compliance issue is to provide 5,080 sq.ft. of new landscaping along with 15 trees concurrently with the expansion. It i~ further proposed that 9,799 sq. ft. of additional (new landscaping along with 157 trees will be provided at the tim that redevelopment of individual parts of the total hOlding occur. In order to guarantee future compliance, a financial guarantee of 110% of the cost of purchase and installation of these landscaping improvements will be posted at the time of expansion. The agent has requested a five year time period for this financial guarantee, and Board members have suggested a three year period is more appropriate. In addition, a written agreement regarding installation of a twenty foot perimeter landscaping strip along Federal Highway either concurrent with redevelopment of respective parcels or upon widening of Federal Highway is to be provided. Notwithstanding the above, the overall site will still be short over 2,000 sq.ft. of internal landscaping and about 45 trees. The Board should consider the appropriateness of seeking additional landscaping (areas or trees) at this time. No matter what agreement is reached at this time, it should be made of record that a waiver or variance to the ultimate landscaping of any part of the project is not being granted, i.e., landscaping of areas to be redeveloped must be specifically addressed and approved pursuant to site and landscaping plans reviewed at that time. ALTERNATIVE ACTIONS: 1. Continue with direction. 2. Recommend approval of the conditional use and attendant site plan for the expansion area subject to conditions. TO: Plannins ~nd Zoning Board RE: Agenda Item IV.A. Regular Meeting of June 20, 1988 Consideration of Conditional Use And Attendant Site Plan For an Expansion of Sherwood Pontiac Page 9 3. Recommend denial based upon an inability to negotiate an agreement pertaining to upgrading of the entire Sherwood Dealership hOldings. RECOMMENDED ACTION: By motion, based upon a finding of compliance with Section 30-21 (D) " Standards for Evaluating of Conditional Uses" and Section 30-22 (D) "Standards for Evaluating Site and Development Plan Applications ", and essential compliance with the site upgrading requirements (assuming that the Board is satisfied with the proposal as presented), recommend approval of the conditional use and attendant Site Plan of the Sherwood Pontiac Automobile Dealership facility, subject to the fOllowing: Site Plan Items: f a) documentation that the loading area for the expansion will be provided on the adjacent parcel to the south; b) documentation that landscaping along the western border will be relocated upon the widening of Dixie Highway; and c) lighting intensity must be reduced to meet code limits. d) No structures or walls are allowed within the 20 foot landscape strip along Dixie Highway required by section 30-16. This will require relocation of the existing fence along Old Dixie Highway to the inside perimeter of the landscape strip. e) A note must be added to the landscape plan that sod and irrigation will be provided to the edge of pavement adjacent Dixie Highway. Platting Items: Platting must occur prior to issuance of a building permit and in addition to normal platting requirements, the following must be accommodated: 1. Right-of-way dedication of 50 feet for Dixie Highway. TO: Plannin. ~nd Zoning Board RE: Agend~ Item IV.A. Regular Meeting of June 20, 1988 Consideration of Conditional Use And Attendant Site Plan For an Expansion of Sherwood Pontiac Page 10 ~ ~ , ~~~..1. , ~ <' . ;d' -i ~ ~.... , (l ~ ~ ~ Ii) ,..~ ~ -..J: , '~f~ . " ~ .0..... ;- ~.J ~ ..., .~ 1 i. '\.0 ;) ;. ~ ~ ~ ~ () i .______. ~. -- .. (:. 2. Dixie Boulevard, as it crosses this abandoned concurrent with platting. for abandonment is required. property, is to be A formal petition 3. Sidewalk installation is required, pursuant to Section 24-31(A), at ultimate property lines along Dixie Highway and Federal Highway. Waivers have been granted to this requirement for similar projects. 4. Adjacent parcels (balance of Sherwood Dealership) have not provided dedications as required along Dixie Highway. It is desired that since upgrading of the entire site is required, that requirement apply to this sUbject and that right-of-way dedication for Dixie Highway be provided for the balance of Sherwood Pontiac concurrently with the platting of the northerly parcel. Cross-access easements must be provided since the f' expansion site takes access from the property to the south, both at the east and west ends of the parcel. (Note: The parcels cannot be combined since they are not in the same ownership -- the expansion parcel is being leased.) 5. Total Site Upgrading Items: A. Prior to the completion of the proposed expansion, the fOllowing improvements to the balance of the Sherwood holdings must be installed: * Installation of two landscape islands approximately (15' by 90' and 18' by 97'), including installation of 8 trees; * creation of a perimeter landscape strip along the north border of the truck sales facility along with installation of 7 trees; and * completion of installation of required landscaping for the body shop area along with completion of dumpster location and it's associated landscaping. '* The financial guarantee and appropriate legal documentation required to commit the developer to proposal for site upgrading. The time lim~tation which the ultimate upgrade is to be completed is three years. the in ref:PD#6sher DElRA Y BEACH ..(\ l:!, ll:' j .,,- f:' D JUN;:; 19&13 CITY MAlVA GER'S n"ICE June l, 1988 Walter Barry, City Hanager 100 N.W. lst Avenue Delray Beach, FL 33444 Dear r!r. Barry: The Atlantic nvenue Association requests authorization to hold a Sidewalk Sale on ntlantic Avenue between Swinton and AlA. This sale is an annual event comme~orate the 4th of July holiday and it Hill be planned for Saturday, July 2nd. I look foward to a favorable reply. Sincerely, ~~ Kathleen Shabotynskyj Downtown Coordinator 64 S.E. 5th A VENUE . DELRA Y BEACH, FL 33483 . (305) 278-0424 ~o PLANNING ZONING CITY OF OELRAY BOARD BEACH STAFF REPORT MEETING DATE: JUNE 20. 1988 AGENDA ITEM: IV. G ITEM: PAYNE WATER SERVICE AGREEMENT " '/' '. , . M"IIvI1t:'F . .1 . . GENERAL DATA- Owner... ..... ..... ...... ....... .Otis and Dorothy H. Payne Agent...........................Otis and Dorothy H. Payne Location........................Southeast corner of Barwick Road and Maurice Drive Description. .................. ..Lot 1, Block 5, Kingsland Present Zoninq..................RS (Residential Single Family: 5 units/ac.~) County City Land Use Plan...,.".,..",SF (Single Family) Jurisdiction....................Palm Beach County (Subject property is located in an unincorporated county pocket) Existing Land Use.,..,.."."."Residential Dwelling Proposed Land use...............Residential Dwelling Water Service...................A 12" water main exists on the east side of Barwick Road. Connection to the subject property would be through a 1" tap. Sewer Service...................Septic system ITEM: IiZ C: " CITY COMMISSION DOCUMENTATION TO: R O'l BjRY \SITY MANAGER 'W . <l.~ucvL- DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: SUBJECT: PLANNING AND ZONING BOARD RECOMMENDATION RE <'AYNE WATER SERVICE AGREEMENT REQUEST AGENDA ITEM REGULAR MEETING OF JUNE 28, 1988 ACTION REQUESTED OF THE COMMISSION: acceptance of the Board's recommendation and approval of a water service agreement. BACKGROUND: A house is under construction on Lot 1 of K~ngsland Subdivision. Lot 1 is located at the southeast corner of Barwick Road and Maurice. Water is available to the site, sewer is not. The property is not part of an enclave nor ~s ~t eligible for annexation. The agreement is in its standard form. It is appropriate to approve the request. PLANNING AND ZONING BOARD RECOMMENDATION: At its meeting on June 20th, the Board reviewed this request and recommended approval noting that sewer service was not readily available and that once a sewer is installed in Maurice, the septic system, which l.S now being lnstalled, may need to be abandoned and connection made to the City's sewer system. The applicant was not represented received a copy of the Board's recommendation was by a 4-0 vote. at the meeting but they have staff report. The Board's RECOMMENDED ACTION: By motion, accept the Board's recommendation and approve the <,ayne water service agreement request. Attachment: <'&Z Staff Report of June 20, 1988 REF/DJK*23/B:CCPAYNE.TXT ITEM BEFORE THE BOARD: The action before the Board is that of making a recommendation on a request for a water service agreement for a single family home located on the southeast corner of Barwick Road and Maurice Drive. BACKGROUND: The parcel is Lot 1 of the Kingsland Plat. The while under County jurisdiction and contiguous to not subject to annexation under the "Enclave Act". contiguous to the City, subdivision, the City, is Lot 1 is not A single family home is currently under construction and is requesting City water thru the petition before us. The remainder of the subdivision (41 single family homes) receives water via individual wells. PROJECT ANALYSIS: Water Service agreements are assessed under the following five point criteria. 1. Eliqibility for annexation (If eligible, annexat~on should occur unless special circumstances exist). The parcel is not contiguous to the City and is thus not eligible for annexation. A voluntary annexation will be sought upon eligibility pursuant to terms of the standard water service agreement. 2. Status of use with respect to the Land Use Element and potential/applicable City zoninq. The City Land Use designation for this site ~s (SF). Upon annexation an appropriate City Zoning classification would be Single family R-1AAA as the minimum lot s~ze in the subdivision is 35,000 sq.ft. 3. Ability to serve with respect to water utility. including assessment of adequacy of the water main and overall treatment capacity. A 12" water main exists along the east side of Barwick Road and would adequately serve the needs of this residence. The property will utilize a 1" tap from the 12" main for residential water consumption. Water for irrigation purposes is required to be from a Source other than City water. To: Planning ~nd Zoning Board Re: Agenda I I IV.G. Regular Meeting of June 20, 1988 Consideration of a Water Service Agreement at Barwick and Maurice Drive. (Payne) Page 2 4. Determination of whether or not main upqradi?g or extension of mains are necessary. There ~s no requirement for main upsizing or extension with regard to the request. If residents to the east of the property request water service, ~t will require extension of the main easterly along Maurice Drive. 5. Assessments of the current site development vis a vis City develo ment re ulations and ~f discre ancies exist, identification of the time which they are to be corrected i.e.. brought into compliance. The property ~s under construction as a single family home and ~s subject to the regulations of the South Florida BUilding Code. Code Enforcement inspections for potential overcrowd~ng or code violations do not apply as the structure is presently under construction. The nearest sewer main 1S located along the west side of Barwick at an elevation which can only be accessed through the use of a private lift station. Since the sewer main is further away than the requirement for mandatory connection, initial serv~ce will be provided by an on site septic system. Once the totality of the subdivision ~s provided with central sewer (via a main laid in Maurice Drive), the Payne's will be required to connect to the central system at their expense, including payment of connection ( impact) fees which apply at the time of connection. Additional expense may be required for participat~on in an assessment district if ~hat financing vehicle is used for extension of the sewer main. ASSESSMENT: Staff recommends a water service agreement be issued for this single family home. No main extension is required and thus the petition is not subject to restrictions recently imposed by the Palm Beach County Health Department on March 7, 1988, which withhold approval on watermain extensions due to the City's current water status. To: Planning -~d Zoning Board Re: Agenda It IV.G. Regu~ar Meeting of June 20, 1988 Consideration of a Water Service Agreement at Barwick and Maurice Drive .(Payne) I?age 3 There are no unusual aspects to this request, nor will there be any unusual demands placed upon the property owner when the lot is annexed. ALTERNATIVE ACTIONS: 1. Continue with direction. 2. Recommend approval of the water service agreement for the Payne single family home. RECOMMENDATION ACTION: By motion, recommend approval of the water service agreement request for Payne single family home. Attachment: - Xerox reduction of the Kingsland subdivision. ref:PD#6/a:payne f '~ . Cranston /Prescott Division of Prescott. Ball & Turben. Inc. The Public's Bankel'~ 3000 K Street. N. W. Suite 600 Washington, D.C. 20007 202.337.3000 June 22, 1988 Jr~t ./';'[ . JUN 2 V j;/) Clly tlf, 3198e '4/~i/Cr cRS afrlc{ Mr. Walter Barry City Manager City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 Dear Mr. Barry: On May 24, 1988, the City Commission of the City of Delray Beach passed a resolution appointing Cranston/Prescott as managing underwriter for the proposed Water and Sewer Revenue Refunding Bond Issue. The resolution also included a provision that would allow for the selection of co-managers at a later date. Since the City Commission passed the resolution, the City has held two meetings to discuss the financing, review bond documents, and identify the refunding structure. As a result of these meetings, the members of the financing team have reached certain tentative decisions about the proposed financing. One decision is to use the refunding structure proposed by Cranston/Prescott. Based on our understanding of the proposed financing we would like to recommend that the City select Prudential-Bache Capital Funding as co-manager. We believe they will enhance the sales and distribution of the City's bonds because of their knowledge of the City which they have gained through their work on prior City financings. In addition, Prudential-Bache's retail sales distribution network in South Florida will be an excellent compliment to Cranston/Prescott's institutional sales network. Cranston/Prescott is pleased and honored to serve the City of Delray Beach as managing underwriter on the proposed refunding. Along with the other members of the financing team, we are committed to completing the financing in the most professional and timely manner. SJ4'Wy yours, ~~ Arthur H. Z Vice Pres ent AHZ/cro &'1.- : RESOLUTION NO. 33-88 .7>.. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING AND ADOPTING CHANGES IN THE FLoc-.D :NSURANCE RATE MAPS FOR THE CITY AS 'PUBLISHED BY THE FEDERAL EMERGENCY MANAGE- MENT AGENCY. WHEREAS, the Federal Emergency Management modifications to the City's Flood Insurance Rate Maps. bon of the proposed changes has been Published in the Agency has made Public notifica_ Palm Beach Post. WHEREAS, the City staff has recOmmend appeal to the mOdification. public appeals to the changes. reviewed the changes and doesn't Further, the City has received no NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. the Flood Insurance Management agency. That the City accepts and adoPts the changes in Rate Maps as Published by the Federal Emergency Section 2. That the City Clerk send a certified copy of this resolution to the Federal Management Agency. Section 3. That the City Clerk, pursuant to Chapter 9, BUildings and Construction, Article XII: Flood Hazards. Di vision l. Generally, Section 9-421 shall keep the revised Flood Insurance Rate Map on file. PASSED AND ADOPTED in regular session on this the 14th day of June, 1988. ATTEST: MAYOR City Clerk ~3 DEPART~ENTAL CORRESPONDENCE Church, P.E., City Engineer [ITV DF DELRAY BEA[H ~~(i Walter TO ,tJf:rald B. FAOMrru<; O. Barry, City Manager Flood Insurance Rate Maps SUBJECT 6/22/88 DATE As per the Federal Emergency Management Agency's March 14, 1988 letter to Mayor Campbell, certain changes are proposed to the subject maps. The proposed changes have been reviewed by this office and discussed with FEMA consultants for the project. Our concerns and questions have been resolved to our satisfac- tion. Further, there have been no public appeals to the pro- posed changes, which were published in the Palm Beach Post by FEMA. Therefore, acceptance of the changes by the City Council (as required by FEMA) , is recommended. Attached are an Agenda Request form and proposed Resolution for accepting the changes. GDC: GBC: slg cc: City Clerk (w/copy of proposed Resolution) Building Department Planning Department LL ~ / C \l.~ uJV eM 362 THE EFFORT ALWAYS MATTERS b3 1 ~~j FEDERAL EMERGENCY MANAGEMENT AGENCY FEDERAL INSURANCE ADMINISTRATION (44 CFR PART 65) (Docket No. FEMA- Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency. ACTION: Proposed rule. SUMMARY: Technical information or comments are solicited on the proposed base (IOO-year) flood elevations and proposed modified base flood elevations listed below for selected locations in the nation. These base (IOO-year) flood elevations are the basis for the floodplain management measures that the community is required to either adopt or show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program. DATES: The period for comment will be ninety (90) days fOllOWing the second pUblication of the proposed rule in a newspaper of local circulation in each communi ty. ADDRESSES: See table below. ~jl FOR FURTHER INFORMATION CONTACT: Mr. John L. Matticks Chief, Risk Studies Division Federal Insurance Administration Federal Emergency Management Agency Washington, D.C. 20472 (202) 646-2767 SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency gives notice of the proposed determinations of base (lOO-year) flood elevations and modified base flood elevations for selected locations in the nation, in accordance with Section 110 of the Flood Disaster Protection Act of 1973 (Pub. L. 93-234), 87 Stat. 980, which added Section 1363 to the National Flood Insurance Act of 1968 (Title XIII of the Housing and Urban Development Act of 1968 (Pub. L. 90- 448) ), 42 U. S. C. 4001-4128, and 44 CFR 67.4 (a). These elevations, together with the floodplain management measures required by Section 60.3 of the program regulations, are the minimum that are required. They should not be construed to mean the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements on its own, or pursuant to policies established by other Federal, State, or regional entities. These proposed elevations will also be used to calculate the appropriate flood insurance pranimum rates for new buildings and their contents and for the second layer of insurance on existing. buildings and the! r contents. o' ':~. Pursuant to the provisions of 5 USC 605(b), the Administrator, to whom authority has been delegated by the Director, Federal Emergency Management Agency, hereby certifies that the proposed flood elevation determinations, if promulgated, will not have a significant econanic impact on a substantial number of small entities. A flood elevation determination under section 1363 forms the basis for new local ordinances, Which, if adopted by a local community, will govern future construction within the floodplain area. The elevation determinations, however, impose no restriction unless and until the local community voluntarily adopts floodplain ordinances in accord with these elevations. Even if ordinances are adopted in compliance with Federal standards, the elevations prescribe how high to build in the floodplain and do not prohibit development. Thus, this action only forms the basis for future local actions. It imposes no new requirement; of itself it has no economic impact. List of Subjects in 44 CFR Part 67. Flood Insurance, Floodplains. Authority: 42 U.S.C. 4001 et seq., Reorganization Plan No.3 of 1978, E.O. 12127. The proposed modified base flood elevations for selected locations are: Proposed MOdified Base Flood Elevations State CitY/Town/County Source of Flooding Location #Depth in fee t above ground *Elevation in feet (NGVD) Existing Modifi ~~~ Flor ida City of Delray Beach, Lake Delray Along entire Palm Beach County shoreline None * . " Canal L-29 Along entire canal None * , Canal C-lS Along entire canal None *1 Lake Del Along entire shorel ine None *1 Haps available for inspection at the Public Works Complex, 434 South Swinton Avenue, Delray Beach, Florida. Send comments to The Honoraqle Doak S, Campbell III, Hayor, City of Delray Beach, City Hall, 100 Northwest First Avenue, Delray Beach, Florida 33444. -------------------------------------------------------------------------------- , CITY DF DE1AAY BEACH CITY ATTORNEY'S OFFICE ;)'I\.)[ I ;\ll<il-:,.'i(III.j /JILR,\YllJ\(II,IIORJ!),\3'..j.,,-:., -l11"'/_'-I,-"7il')li J"IJ!((l/'II1< liJ"7':7:,,__P':;5 MEMORANDUM Date: June 22, 1988 To: City Commission ~L- From: Jeffrey S. Kurtz, Assistant City Ateam.y ~II Subject: Glenn and Danice Desort vs. City of Delray each Settlement Offer This case involves a knee injury Glenn Desort received while plaYing in our flag football league on November 2, 1985. The knee was injured when he fell on a sprinkler head that was within the confines of the field. A similar injury had occurred to another individual approXimately 9 months previous to this inj ury. The knew inj ury required surgery and some rehabilitation. Mr. Desort still claims to be in pain and his wife has a comparison claim for loss of consortium. A settlement offer of $20,000 in the above case was previously rejected by the Commission. Our office advised the Commission to reject that previous offer since known medicals at that time were under $5,000. Since that time additional discovery has taken place, including the deposition of the treating physician wherein it was discovered, much to our chagrin, that an addi- tional $8,600 in medicals repreSenting the treating Physician's fees for surgery were due and payable by the Plaintiff. Based on this new information, the City Manager and myself attended a mediation wherein we agreed to recommend to the Conunission settlement of this lawsuit in the amount of $32,000. Trial in this matter is scheduled for July 17, and unfortun_ ately back in October of 1986, the Plaintiffs had filed an offer of jUdgment in the amount of $35,000, which was rejected by the City. According to Florida Statutes 45.061, if the Plaintiff receives a jUdgment in an amount which exceeds the offer of jUdgment by 25 percent, the OPPOsing party may be liable for all costs and attorney's fees from the time the offer was made. Back in November, due to the lower medicals known to us at that time, the City made an appropriate decision; however, should liability be found in this case, damages are to the point where a jury may grant an amount in excess of the figure that would Subject us to costs and -" r r H. City Commission June 22, 1988 Page 2 attorney's fees. Therefore, the City Attorney's Office will be recommending settlement of this lawsuit for payment of $32,000 to Glenn and Danice Desort. Should you have any questions concerning this matter, please do not hesitate to contact me. JSK:sh cc: Walter O. Barry, City Manager Lee Graham, Risk Management Director ... - ..k~ ~,~~&-e~ , <c>ri~1g'<i r,. (~::;- /::\ '-.-; ""c',; _.. I...:;,y :)f C:,:\'ri]:) ...JOSEPH L. ACKERMAN, .JR. DIEGO C. ASENCIO ,J, MICI-lAEL BUR.....AN, P. A. ROBERT 0, CR1TTON, ..JR., P. A. TERRENCE F'. OYTRYCH GARY RUSSO RtCHARD W. SLAWSON, P. A. SUITE 300 712 U. S. ONE NORTH PALM BEACH, F"LORIDA 33406 TELEPHONE (407) 842-2820 FAX (.a07) 844-6929 June l7, 1988 Jeffrey S. Kurtz, Esq. Assistant City Attorney City of Delray Beach 310 S.E. lst Street Suite #4 Delray Beach, FL 33483 RE: DESORT v. CITY OF DELRAY BEACH Our File: 8523l TFD Dear /1r. Kurtz: This letter is to confirm our recent conversations both by telephone and at the courthouse that my clients, Glenn and Danice Desort, will accept $32,000 at this time in full and complete satisfaction of all claims they may have against the City of Delray Beach and its employees. If you have any questions, please do not hesitate to cont~ct me. Very truly yours, TE?l~Ryf? iJ7JJ TFD/sw [Iry DF DElAAY BEA[H 100 NW, 1st AVENUE DELRAY BEACH, FLORIDA 33444 3051243.7000 MEMORANDUM TO: Honorable Mayor and City Commission j;? FROM: Walter O. Barry, City Manager~1>~ SUBJECT: RECOMMENDATION - CONSULTING ENGINEER SELECTION REPORT FOR WATER AND SEWER BOND REFINANCING ISSUE DATE: June 24, 1988 Ci ty Commission is requested to approve a contract in the amount of $12,500 with Post, Buckley, Schuh and Jernigan, Inc., to provide consulting engineering services needed for the Water and Sewer Bond refinancing issue. These services are required, to prepare a report as part of the official Bond Statement. The report will include: l. The preparation of background information and history of the water and sewer system. 2. A description of the existing system. 3. Description and cost estimates of proposed im- provements. 4. Rate analysis. 5. Development of revenue and expense projections. The consulting engineer will also be required to collect data, analyze data and attend meetings at the bond valida- tion hearings. Post, Buckley, Schuh and Jernigan have a consulting engi- neering contract with the City which allows the addition of projects on an as needed basis. It is my recommendation that we accept the proposal from Post, Buckley, Schuh and Jernigan, in the amount of $l2,500, to provide the needed services so that we may expedite the refinancing issues. WOB:sk attachment THE EFFORT ALWAYS MATTERS ,~Pr , DEPART'v1ENTAL CORRESPONDENCE TO Walter O. Barry, City Manager [ITY DF DElRAY BEA[H ~Ci FROM c{V David M. Huddleston, Director of Finance SUBJECT Engineering Report for Water and Sewer Refunding Issue, Series 1988 DATE 06-23-88 Background As part of the process for issuance of the Water and Sewer Refunding Issue, Series 1988, it will require that the City have a consulting engineer provide a written report to be included in the Official Statement. Our most recent Water and Sewer Refunding Issue was the Series 1984 and this engineering report was provided by Russell and Axon, Inc., at a fee of $12,000. We have received a proposal from Mr. James Suddarth, Regional Environmental Manager, of Post, Buckley, Schuh and Jernigan, Inc., at a fee not to exceed $12,500 with computations based upon direct labor cost plus surcharges and expenses as set forth in the contract. Recommendation I would, therefore, recommend that the City Commission approve the proposal submitted by Post, Buckley, Schuh and Jernigan, Inc., so that the City may expedite the Water and Sewer Refunding Issue, Series 1988. DMH/sam Attachments eM 362 THE EFFORT ALWAYS MATTERS ------ ------~- --.------ - - por- BUCKLEY. SCHUH &.jERNIGAN.I1" 1665, ,au..CHl.AKESalVD sum 500, TOWER B WEST P^LM Bu..CH. FlORIO^ 3340 I 305/689_7275 v June 16, 1988 Mr. David Huddleston Director of Finance City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: Water and Sewer Revenue and Refunding Bond Issue, Series 1988 Dear Mr. Huddleston: Post, Buckley, Schuh & Jernigan, Inc. (PBS&J) is pleased to submit this proposal for professional engineering services required in association with the above. referenced bond issue. Attachment I to this letter delineates the tasks required to complete the Engineering Report which will accompany the Official Statement. We propose to complete the services indicated for a price not to exceed $12,500.00 with compensation based upon direct labor lost plus surcharge and expenses as set forth in our contract. PBS&J is aware of the time constraints associated with this issuance and we wish to assure you that we can meet your deadlines. If you have any questions or require further information, please do not hesitate to contact this office. JMS:ct cc: Mr. Walter Barry, City Manager 86-086.14/036 ENGINEERING. PLANNING. ARCHITECTURE . ENGINEERING REPORT WATER & SEWER REVENUE BOND ISSUE SERIES 1988 './ TASK 1. DATA COLLECTION A, Demographic Data 8. Historical water and sewer revenue information. C. Historical operation and maintenance costs. D. Other pertinent information concerning the existing water and sewer system. TASK II, DATA ANALYSIS A. Develop dwelling unit/population prOjections for the planning peri od. B. Projections of future water and wastewater demands. C. Projection of future water and sewer revenues and expenses. TASK III. REPORT PREPARATION A. Background information and history of the water and sewer system. B. Description of existing water and sewer systems. 1. Water Treatment Facilities 2. Water Distribution and Storage Facilities 3. Water Supply Wells 4. Wastewater Treatment Facilities 5. Wastewater Collection System ~. ./' C. Description and cost estimates for proposed improvements (if included in the issue) D. Development of revenue and expense projections 1. Description of rate structure 2. Comparison of rates with other utilities in the area 3. Discussion of methodology and assumptions used TASK IV. OTHER RELATED SERVICES A. Attendance at meetings with staff, bond underwriters, bond counsel, financial advisor, etc., (3 meetings estimated). B. Attend and provide testimony at bond validation proceedings. ~ - ~INC. PO BOX 1647 WARREN J. KONTNY, PRESIDENT ATTACHMENT A PLUMBING CFC027S44 . , MECHANICAL CMC018901 . GENERAL CGC036268 EATON PARK, FL 33840 (813) 665-6197 STATE CERTIFIED CONTRACTOR April 12, 1988 Hazen & Sawyer, P.C. 1001 U.S. Highway I Jupiter, FL 33477 Re: South Central Regional WasteWater Treatment And Disposal Board C .0. 1/ I This is to confirm our verbal agreement to provide the following alterations and/or extra work at the lump sum price agreed upon (GC-Il Paragraph 26a) as shown. 7he prices negotiated h,ve been accepted as reasonable and equitable to the benefit of the Project, We require an extension of time be incorporated in this Change Order, based on the following information. We applied for our building permit February 26th after delivering six executed copies of the Contract Agreement to your office. We feel from then until March 15th, the day of the Preconstruction Conference and the final date of the Contract Agreement were ample time for us to have been given the building permit. March 13rd, the date of the Notice To Proceed, we should have been able to start work. Due to reasons beyond our control the permit was not issued until April 11th, 1988. We, therefor, request an extension of time of nineteen calender days. Please prepare chc necessary Change Order for our review and acceptance. Very Truly Yours, FWR:rr Q & Q, INC. €Z~ RECEIVED HAZEN A.ND SAWYER, P.C. .lunUer Florida APR 1 8 1988 JOb No 4310 SANDYWAY LANE. LAKELAND, FLORiDA 33801 , ~s(3 ~ ". . /~ INC. po BOX 1647 PLUMBING CFC027544 . MECHANICAL CMC01S901 . GENERAL CGC036268 EATON PARK, FL 33840 (813) 665-6197 STATE CERTIFIED CONTRACTOR WARREN J. KONTNY, PRESIDENT ITEM DESCRIPTION CHANGE IN CONTRACT COST 1. We will provide the following changes at no extra cost to the Owner. The changes are provided for the purpose of minimizing disruption of the daily operating procedures at the plant as well as to minimize ongoing operating expenses in the future. RECEIVED H"<;,,,N AND SI\WYF.R P.C, .l..~:.,:" C"'~.:dC1 a) Louver and duct in screen room (DWG V-2 Section 0) provide 32x48 Louver in lieu of 36" square shown, extend galvanized duct to 3-011 above floor level. APR 1 8 1988 b) Under slab PVC drain piping - install ASTM D-2467, ASTM D-1785, Type 1, Grade I, Sched. 40 PVC with solvent weld joints in lieu of SDR 35 with o'ring joints. All piping to be installed beneath proposed scrubber slab, 4" drain size minimum. JOB No c) Chlorine room ceiling - remove and dispose of existing acoustical grid ceiling panels and paint wall and ceiling area above existing grid line. (NONE) 2. We will provide the following changes to Site Utilities for the purpose of minimizing disruption of daily operating procedures at the plant. a) Route six-inch' water reuse piping from the north side of the incinerator building to the north side of the chemical building instead of along the south side as shown on Drawing M-2. Connect to the existing reuse piping in the chlorine room with three butterfly valves instead of two gate valves. Delete polyethylene encasement for ductile iron pipe underground. b) Route the buried piping and electrical conduit along the south side of electrical building as shown on Drawings M-2 and E-1. c) Provide and install tWO-inch, Schedule 80,buried PVC potable water in lieu of the two-inch galvan- ized steel piping shown on prawing M-2. (DEDUCT): ($1,360,00 4310 SANDYWAY LANE. LAKELAND, FLORIDA 33801 . . Page 2 of 3 South Central Regional WasteWater Treatment And Disposal Board C .0, #l ITEM DESCRIPTION 3. We will revise the original scope of work for the purpose of providing maintenance access to the in- fluent sewer taps. a) Provide two 36x4 epoxy coated steel tapping sleeves in lieu of cast iron. b) Provide two 4'-0" diameter manhole structures with frames and covers. c) Provide two 3" PVC check valves and two 3" PVC ball valves. 4. We will revise the original scope of work at the new scrubber slab and outside walk for the pur- pose of meeting environmental standards on con- tainment of hazardous chemicals and to minimize disruption of the daily operating procedures at the plant, a) Slope scrubber slab below to a central floor drain. and floor drain piping. existing screen room Add floor drain b) Do NOT remove and replace existing outside walk shown on Sheet C-2 from a point approx- imately sixteen feet south of the screen room to a point approximately eighteen feet south of the aeration basin. 5, We will revise the original scope of work as re- quired by the Delray Beach building and fire de- partment, prior to issuing a building permit regarding Outside Stair, Windows, and Fire Dampers: a) Change stair riser to seven inches and stair tread to eleven inches for the stairs from the solids loading room, Drawigg:S-3. 0) Provide and install three-quarter hour fire- rated windows in lieu of aluminum windows for the three windows shown in Sec:ion A, Drawing S-3. CHANGE IN CONTRACT COST (ADD): ($1,100,00) (DEDUCT): (2,830.00) Page J of 3 South Central Regiona_ JasteWater Treatillent And Disposal Board C,O. #1 ITEM DESCRIPTION c) Provide and install one-hour fire-rated dampers with fusible links for the three louvers shown in Section A, Drawing S-3. d) Provide and install an exit sign at the exit from the solids loading room. e) Provide and install precast concrete sills and aluminum windows similar to the existing building aluminum windows. SUMMARY TOTAL ADD SUMMARY TOTAL DEDUCT NET CHANGE THIS C.O. PROPOSAL (DEDUCT) CHANGE IN CONTRACT COST (ADD): ($1,057.00) $2,157.00 4,190,00 $2,033.00 \ MEMORANDUM To: Walter O. Barry- City Manager From: Robert A. Barcinski- Asst. City Manager/Management~ Services Date: June 20, 1988 Subject: Documentation City Commission June 28, 1988; Bid Award- Towing Contract Item Before Commission City Commission is requested to award a bid for towing services to the apparent low bidder, Accel Towing and Recovery, Inc. This is an award of a service contract at the unit prices quoted and is to be utilized for Police directed tows only. Backqround Bid specifications were rewritten and Invitations to Bid were sent to eleven (11) area towing contractors on April 4, 1988, and an advertisement for bid appeared in the newspaper on April 28, 1988. A pre-bid conference was held on May 4, 1988, with five (5) contractors attending. Revisions to bid quantity estimates were made after this meeting based on the recommendations of the towing contractors and representatives of the Police Department. Five (5) bids were received; four (4) were responsive. One bidder, Boynton Wrecker Service, has challenged informally staff's recommendation. The City Attorney's legal analysis of this challenge is attached. Specifications require that the contractor, (1) maintain storage facility, sUbject to inspections, between the C-15 canal, Military Trail, Gulf Stream City limits, and the ocean; (2) must be on call or on duty 24 hours a day, each day of the year; (3) must maintain inside and outside storage; (4) required to maintain specified equipment as per contract, and (5) must maintain bid price list. This is a one (1) year contract with an option to renew yearly. Contractor is also required to submit monthly reports. Recommendation Staff recommends award of the towing contract bid to Accel Towing and Recovery, Inc. cc: Ted Glas Chief Kilgore & , ~~c" [ITY DF DELRAY BEAtH CITY ATTORNEY'S OFFICE 3111'\.1 l\lSlr,lil.SII;I; Illl!z..\~ 1)1\~II.II()IUI)\;q,,-, -l.f,"7 ~.t ,;. -:'11')11 I : I i ( 't Ii' II !.: -+1 J ') :"7 :~--I- ,~"' ~mMORANDUM Date: June 16, 1988 To: Robert A. Barcinski. Assistant City Manager ~ From: Herbert W. A. Thiele, City Attorney Subject: Review of Bidding Procedures for Towing Contract This will acknowledge receipt of your rec,mt memorandum with reg-ard to vour inquiry concerning whether or not the City is required to rebid the towing contract matter in light of the information concerning- the bidding nrocess which is contained in your June 6th memorandum. In that regard, it'is my opinion that if the City Purchasing Department mailed out the addendum to the original bid package. as well as notification of the pre-bid conference, to the same address as which had been provided to the Purchasing- Department for the original bid, and that Mr. Prescott had in fact not provided the City with any new address prior to the mailing of the addendum or notice of the pre-bid conference, then the City has met its responsibilities with regard to this bidding procedure. Your memorandum indicates that we notified potential bidders personally, as well as running an advertisement of this bid procedure, and it would be my position that it is the responsibility of the potential bidders to notify the City of any changp.s of address or circumstances which could affect the bidding process. The fact that the Purchasing Department did indeed timely mail the addendum and notice of the pre-bid conference to the last known address for Boynton Wrecker Service would satisfy our responsibilities and requirements. Although the City Commission or City Administration may wish to consider rebidding this project as a policy matter, it would be my opinion that the City is under no legal obligation to rebid this towing contract matter based upon the information and facts which you have outlined in your memorandum of June 6, 1988 and the attached memorandum from the Purchasing Director dated June 2, 1988. If you have any further questions or would like us to review this matter: further, please contact me at your convenience. J,yr~ ifT:lw cc: Walter O. Barry. City Manager Chief Charlp.s Kilgore, Delray Beach Police Department Ted Glas, Purchasing Director l:~ MEMORANDUM To: Robert A. Barcinski- Asst. City Manager From: Ted Glas- Purchasing Director :7k Subject: Additional Information on Towing Contract. Date: June 6, 1988 The specifications were developed by the Acting City Manager, Police Department, and City Commission. Estimated quantities were included for each catagory of tow and storage so that one single vendor could be awarded the contract in a fair and equitable manner. A pre-bid conference was conducted so that all interested vendors could completely understand the expected service to be performed, and the method of awarding the contract to one successful contractor. During this meeting, vendors were invited to ask questions and make any comments regarding the bid package. From this discussion, some of the estimated quantities were revised to more accurately reflect expected usages during the contract period. This was done by a concensus of opinion of all attendees. The vendors were very helpful in this review process, and their contributions were greatly appreciated. By using quality oriented specifications with a good scope of service and equipment required, and by using estimated quantities, City staff is able to recommend award to a local vendor, who by competetive procedures has offered the lowest overall cost to a person needing towing services in the City of Oelray Beach. ~(t-""~ GI" ~ f<l, 6,6 dJ [ITY DF DELRAY BEA[H 100 NW. 1st AVENUE DE LRA Y BEACH, F LOR I DA 33444 305/243.7000 MEI10RANDUM TO: Herb Thiele, City Attorney FROM: Robert A. Barcinski, Assistant City Manager/Management~ Services SUBJECT: BIDS - TOWING CONTRACT DATE: June 6, 1988 On June 3, 1988, I received a phone call from John Prescott, Boynton Wrecker Service, and his attorney, Allan Martincavage, with a com- plaint on the towing contract bids. When we mailed the original bid package out the address we had for Mr. Prescott was a Boynton Beach address. He has a business and address in Delray but we did not have this address in Purchasing. Mr. Prescott received this bid package; a pre-bid conference was held May 4, 1988. Mr. Prescott did not attend as he did not know about it. At pre-bid, quantities were changed and an addendum was mailed out. Mr. Prescott did not receive this addendum. In fact, this was returned to the City the day after the bid opening, undeliverable. Bids were opened and Mr. Prescott's bid was rejected because he did not use the new bid forms provided in the addendum. A spread sheet was prepared and sent to all bidders. Again, this was sent to Mr. Prescott's Boynton address and he did receive this item. He was not included on the spread sheet because it was determined his bid was not responsive. This is what precipitated his complaint. I instructed Ted Glas to prepare a memo for me outlining the process and his recommendation (attached) and to take Boynton wrecker Service uni t pr ices and extend the bid at the addendum quantities. Hr. Prescott and his attorney do not feel this is adequate and request a re-bid. He says his unit prices would have been different had he known the quantities changed in the addendum. I need a legal opinion from you. Do we need to re-bid? Was it our responsibility to get the proper address, or!.;~ vendors~ ~ so notify us. Please respond as soon as Possible; fJfP:,~ (...,.?f, MJ . RAB:sk ls,~~~~/O/ cc: Walter O. Barry rf~1 r:; Ted Glas "-f/ Chief Kilgore at tachinen t T....<= FccnPT AI WAYS MATTERS MEMORANDUM To: Robert A. Barcinski- Asst. City Manager/Management Services From: Ted Glas- Purchasing Director 'f(~ Subject: Bids on Towing/Wrecker Services; Bid #88-70 Date: June 2, i 988 Invitations to Bid were mailed to eleven (i1) area towing contractors on April 14, 1988. A legal advertisement was placed in the Delray News on April 28th, 1988. A pre-bid conference was held on May 4, 1988, at which time five (5) towing contractors were present. The bid package was reviewed, including each estimated annual quantity. Revisions were made to some estimated quantities when the consensus of opinion among the contractors, the Police Department, and the Purchasing Department so recommended. Five (5) contractors responded at the May 25, 1988 bid opening. A Tabulation of Bids is attached for your review. (The unit costs are the prices to be charged individuals needing towing service). The bid from Boynton Wrecker Service was submitted on the wrong bid forms. After the pre-bid conference, an addendum was mailed to all contractors which included new bid forms with adjusted quantities. Boynton Wrecker did not receive the adendum. The post office returned their copy the day after the bid opening, stating, "Moved Left No Address". Boynton Wrecker did not attend the pre-bid conference. Their prices have been included on the Tabulation of Bids even though Purchasing considers their bid un-responsive. Following staff analysis and review, it is recommended that the contract be awarded to low bidder, Accel Towing and Recovery, Inc. of Delray Beach, at a total yearly estimated cost of $64,865.00 Attachments: Tabulation of Bids Memorandum from Police Department pc: Ci1ief Ki 19ore Major Lincoln I..:, r-':~"''1 1'/''', ""\\ yi;~nfi A'li:ltl\~~ r<l-~"l &~ -'I i:~l'o D' . :r . .- ~. .oOLlC~ ~ "':1) .. r.;:,~ ~." ._l.... ..1 -~';.: " Delray Beach Police Departme:gt .\~ 300 West Atlantic Avenue . Delray Beach, Florida 33444-3666 - ~ ~ (305) 243-7888 CHARLES KILGORE Chief of Police MEMORANDUM TO: Walter O. Barry City Manager FROM: Charles Kilgore Chief of Police DATEI June 1. 1988 . SUBJECT: IQWI~G CQ~IB~CI Attached please find a copy of the spreadsheet and the Purchasing Administrator's request for a contract award recommendation regarding the Towing Bid. As You recall. a prebid conference was held on May 4. 1988, at the Police Department during which all those electinq to bid were invited to discuss the specific areas of the bid. offer their recommendations for specific numbers to be considered. and the opportunity to ask question so no misunderstandinq could exist when the bid form was submitted. It is. therefore. my recommendation that the low bidder (grand total). Accel Towinq and Recovery. Inc. be awarded this contract. Please feel free to contact me if further information or clarification is required. 1 have also attached an Agenda Request relative to this subject. , Respectfully submitted. ... gb Attachments CCI' Ted Glas. Purchasing Administrator ,.,."....,......", ....-.. -'-'--..- ... -_..._. -! l z. I -I",:", H '" I H 1,--: H " ~ iii ,::: iii ;< i . , II ~::l I> i ~ c., 0 <"l CO > I'" d "':0 <"l CO ,> ;;j I :1' ;:! '1:j >i " ,. . ~ >i .,., 0:: II ~~~-" ~~==" k ~ n.f~= 7~ f r ~ ~ f'~ ~ ~ f~ rlr---7=- ~'1~"~ ~ ~ ~ I 1111, I ~ : ; I~ ~ z ~ ~ ~ ~ a ~ a ~ ~ ~ :~ ~ : I~ ~ ~ ~ '11:.1 ~ H ~', H ~ 0 ~ 5; 'H H '0 ~I : :;: t:l ~!:l '" I~ : ~:~ ~ t:l ~ ! '. ::: ~ 1 H ~ ~;; ,~ 8 .~ ~ l:;j I 1,1".11 ~ e ~ ~ ~ ~ I~ ~I !:l,t" ~ ~ ~ : I' ~ ~ ~I I'~ m ~ ~ ~ S '11,1 ~ ::::' E-i I~ ~ ~ I S r" Z ,N '" Z ~ Iii . ..... Ii _}. ~t~.. '1" o ~~-- -,-- .., -r ' , , t==-- ___ ~_=_~ .;, -- '''-,- ,,- '--'-.'-- '-'~--,----,,'- -------'--1---+-----' .._-. z-~-,,~___, I' . : . .; ~ i . . -. ',I II, _.. 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II J --~:--!_i~oi 1 , . ,.+- :...,-1 21' -- -- ~ - :. -l--_:-=-__~-..~__i ::41 ., I . j il .---- ---~--_.------~-- '---j Ii 1 1 , I -, f-- . t--, - - - ..~,- -.. , , - - --._- --.._,.. , I ~ . - '. . .- . t-,- , , ,- --~-~', , .' - , !. j ~ I I I -...,-'.. .-- -f- , r :_;~.. :. n:-j ~e~~II, ,. .--- ~n__1 3<' ~'.-, 'j .., 'n' . gjli I ] I . --. ,-- " ~j ':"::! t , - .. 0. r ,- . - - - 'j I -- r- -. -- , - --.. 1---- --.... _ ;--- -- ~- ) W .~ r>,,) '-' '0 "-J .....- ) - ,,';:' -, Qo "'-' r-.! _' ".J "-.J _ U " ,. y " ~ y ... \..., ."i -- , , ,~, . III S ! " .. '" '" I " o VI I .., VI , '" '" w .. o o "" :r , [ITY DF DElRAY BEA[H 100 N,W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 305/243.7000 MEMORANDUM TO: Walter O. Barry, City Manager FROM: Robert A. Barcinski, Assistant City Manager/~ Management Services SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JUNE 28, 1988 BID AWARD - N.W. DRAINAGE PROJECT #54 DATE: June 24, 1988 Item Before Commission. City Commission is requested to award a bid to the low bidder, A.O.B. Underground in the amount of $27l,975 for the N.W. Drainage project, funds to come from the 1987 Utility Tax Bond Issue and interest earnings. Invitations to bid were sent to twenty (20) area contractors on April 4, 1988. A formal bid opening was held on April 22nd with four (4) contractors responding. This proj ect includes the construction of exfiltration trenches in the North West Drainage Study area. A listing of project locations is attached. This work will complete the first phase of construction as outlined in the 1985 Barker, Osha, Anderson study and includes drainage needed for the Child Development Center at N.W. 5th Avenue and N.W. 4th Street. The budget for this project is $200,000. The addition of the N.W. 5th Avenue/N. W. 4th Street element added $30,000 to the proj ect costs. The low bid is $7l,975 above the budget, however, funding is available in bond interest earnings to cover the increased costs. Staff recom- mends award to the low bidder in order to complete the exfiltration trenches specified in the 1985 report and complete the drainage needed at N.W. 5th Avenue/N.W. 4th Street. Rpcomrnpndation. Recommend award of bid to A.a.B. Underground in the amount of $271,975 funding to come from the 1987 Utility Tax Bond Issue and bond interest earnings. RAB:sk attachment THE EFFORT ALWAYS MATTERS 0~D DEPARTMENTAL CORRES~JNDENCE [ITY DF DELRAY BEA[H ~~ TO Robert A. Barcinski )J hC- FROM Ga tes D. Castle SUBJECT N.W. Drainage - Phase II DATE 6/24/88 All of the street segments included in the subject project were identified in the Master Drainage plan as requiring drainage facilities. Northwest 5th Avenue at Northwest 4th Street was added to the project late in order to accomodate the proposed construction of a Community Child Care Center. The low bid of $271,975 is a reasonable bid based on Engineering's estimate of $269,935. It is estimated that the N.W. 5th Avenue segment added approximately $30,000 to the project cost. All of the drainage proposed under the subject project is necessary and the low bid is fair and reasonable. Further, if any drainage is deleted from the project it will need to be constructed at a later date, most likely at a higher cost. Therefore, if the additional funds are available from another source it would be economical to construct the entire project at this time. GDC: j i eM 362 THE EFFORT ALWAYS MATTERS lJEPARTMENTAL __.:>RRESPONDENCE Robert Barcinski, Assistant City Manager L~TY DF DElRAY SEALH ~~ti lM ;J ~ t.. Gates D. Castle, P.E., Assistant City Engineer JEer N.W. Drainage - Phase II OA TE 6/16/88 As requested, the list of streets included in the subject project is as follows: N.W. 3rd Avenue @ N.W. 4th Street N.W. 4th Avenue @ N.W. 4th Street N.W. 4th Avenue from W. Atlantic Avenue to N.W. 1st Street N.W. 6th Avenue @ N.W. 4th Street N.W. 5th Avenue @ N.W. 4th Street N.W. 10th Avenue from W. Atlantic Avenue to N.W. 1st Street N.W. 3rd Street from N.W. 10th Avenue to N.W. 12th Avenue Roosevelt Avenue from Lee Street to Prospect N.W. 13th Avenue from W. Atlantic Avenue to N.W. 2nd Street .- - MEMORANDUM To: Robert A. Barcinksi- Asst. City Manager/Management Services From: Ted Glas- Purchasing Director p~ Subject: Bids on N.W. Drainage Project-Phase II;Bid #88-61 Date: June 15, 1988 Invitations to Bid were mailed to twenty (20) area contractors an April 4th, 1988. A legal advertisement was placed in the Palm Beach Post on March 28th, 1988. A Formal bid opening was held on April 22nd, 1988, at which time four (4) bids were received, per attached Tabulation of Bids. $200,000. is budgeted for this work, The lowest bid totaled $271,975. Following staff analysis and review, it is recommended that an award be made to the low bidder, A.O.B. Underground, at a cost of $271,975., provided the additional monies needed are available. Attachments: Tabulation of Bids pc: Gates Castle 1 I.. '" '" '" '" '" '" '" '" "'I'" '" '" '" '" '" '" '" ~ "" N N N - - ~ '"' "I .0 'tl ~ a "" <:r " 'tl ,.,. ..... .... :r ~ <:r n <:r " "" " l"l to I .f.il ..... I '" , '" z I , I I , , I "" N N N - - - - - 1- ! "" N N N N - - n n '" '" '" ~ ~ .. '1 ~ ~ - "'i "'i ~ co '" i~ '1 ~ ~ - - "'i ~ .. .. "I "I 01 "l : . : ~ .. " " f.il ..., ..., .... .... .... ~ ~ ~ ~ ~ ~ ~ 2 ~ :>:> :>:> S<' S<' S<' S<' S<' S<' S<' - .. ~ ~ ~ n n .... .... t'l n '" 'tl 'tl 'tl , 'tl ..., ..., ..., ..., ..., ..., ..., n n :J: :J: :z '" , '" .... .... .... .... .... .... .... '"' '"' . - .. '" '" '" '" '" '" '" '" '" '" .. .. .. .. .. .. .. ::: ::: ::: .. ~ n "I "I "I "I "I "I "I ... ... I ~'I :J: .. , .. .. :>:> " " " " " " " " " "l "l "l "l ..., ..., ..., . ~ ~ ~ .. .... .... .... .... .... .... .... .... .... ... ... ... ... ... ... ... ::: .. 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'-' '-' .... 0 0 ~ - 0 '-' 0 0 '" 0 0 W ~ . .... ". . 0 .... I . N - ~j 0 - ". 0 0 0 . . . . ". N .... .... '" 0 0 '-' .... '-' '" 0 0 0 0 '-' 0 0 0 0 0 , , . '" 0 0 0 0 0 0 0 "" ~ 0 0 0 0 0 0 0 .. ... "" 2: o .... CXl CXl '" z a: "" ~ .... 2: i'; '" ... '" o '- '" C"l "'l ... ~ '" '" - ... I; '" - ,. N N - >D CXl CXl w o o ... 3: I TO: VIA: 0'11,,- El l' tJ 0rJ W~LTER O. BARRY. ~AGER l . ~~EJ~R OF DEVELOPMENT SERVICES DAVID J. KOVACS,~R OF PLANNING AND ZONING M E.M 0 RAN DUM FROM: DATE: JUNE 20, 1988 SUBJECT: RECOMMENDATION, CONSULTANT SELECTION COMPREHENSIVE PLAN An interview team of: Frank Spence Gates Castle Lula Butler Dave Kovacs Stan Weedon Joe Dragon/Joe Weldon met with the consulting firms: Strategic Planning Group Robert Swarthout Inc. Gee & Jensen P.B.S.& J. While most rating factors were very similar, the discriminating factors were costs and (perceived) ability. Costs was a formula factor with the point spread as follows: S.P.G. 40 P.B.S.& J. 34 Gee & Jenson 27 Swarthout 23 It was the consensus (equally split vote) that S.P.G. and P.B.S.& J. were most responsive to the R.F.P. and had the, best qualifications for the unique situations which we have. Additionally, the strengths of these two firms we~e in different areas. These factors lead to a consensus that each be retained and assigned elements as follows: S.P.G. Housing, Open Space & Recreation, and Land Use P.B.S.& J. Conservation, and Public Facilities. In addition to the unique expertise of each, it is felt that by splitting the work we will get better production in light of the tight timeframe which we have set forth.. - - ~rE. . , To: iter O. Barry, City Manag~ Re: Recommendation, Consultant Selection Comprehensive Plan June 20, 1988 Page 2 Formal Selection and Contract Negotiation: Part A.09 of the R.F.P. allows the City to accept any proposal, or proposals and negotiate an agreement. Part A.15 of the R.F.P. allows for renegotiation during the period of any contract. Based on the above, and the City's desire to obtain some additional services as a part of the comprehensive planning work, it is recommended that we begin negotiations with the two firms and that we add to the advertised work, the following: a special housing survey as a part of the Housing Element, said survey to provide an estimate of the Haitian population, revised population estimates based upon this previously undocumented ethnic group, revised population estimates taking into account the Enclave Annexations, and revised demographic profiles taking into account the type of unit which has been built and occupied since the 1980 Census. updates to the water distribution plan and a master sewer collection plan; these would not be a part of the Facilities Element but would be in addition to them. I believe that such plans have already been a subject of discussion among yourself. Pontek, and PBS&J. that S.P.G. also provide continuing "planning services" as they apply to the overall task of getting a plan document, which will pass D.C.A. muster, together. I propose that we proceed to negotiate a contract with S.P.G. in the amount of $40,000 for the three elements cited previouSly and the special housing study. I propose that we proceed to negotiate a contract with P.B.S. & J. in the amount of $18,000 for the Conservation and Public Facilities Elements with an additional amount for the water and sewer master plan work. I can pay for all the comprehensive plan work and the special housing study. Is there funding available elsewhere for the water and sewer master plan work? To: v :er O. Barry, City Manage! Re: RL~ommendation, Consultant Se~ection Comprehensive Plan June 20, 1988 Page 3 Also, I will now turn to the Coastal Management Element which we intend to pursue with the firm which is doing all of our beach renourishment work and which has competed the E.A.R. for the element and is already retained on a continuing contract. Funding for this element is to be split between my department and the City Engineer -- he has $12,000 to be applied to it. Authorization Required: Please advise as to whether or not it is required that we forward the above to the City Commission prior to entering negotiations. If not, we will proceed to negotiate and then have the resulting contracts placed before the City Commission for final action. Also, we seek authorization to commence work prior to formal action by the City Commission (which probably will not occur until July 12th, given the work necessary to have a formal contract prepared and reviewed prior to Commission action). c: Ted Glass, Purchasing Director Stan Weedon, Comprehensive Plan Coordinator REF/DJK#23/B:CONSULT.TXT