38-97 ORDINANCE NO. 38-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL)
DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT;
SAID LAND BEING LOCATED ON THE WEST SIDE OF S.W.
1ST AVENUE, APPROXIMATELY 140 FEET NORTH OF S.W.
2ND STREET, AS MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA,
1994"; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned RM (Medium Density Residential) District;
and
WHEREAS, at its meeting of August 18, 1997, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, considered this item at a public hearing and voted to
recommend that the property hereinafter described be rezoned, based
upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of CF (Community
Facilities) District for the following described property:
The South half of Lot 15 and all of Lot 16, Block
54 of the Resubdivision of the South Half of Block
54, in the Town of Delray, 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 Plat Book 11, Page 2.
The subject property is located on the west side of
S.W. 1st Avenue, approximately 140 feet north of
S.W. 2nd Street; containing 0.224 acres, more or
less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4 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 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 23rd day of September, 1997.
ATTEST:
City Ci~k - - /
First Reading September 9, 1997
Second Reading September 23, 1997
- 2 - Ord. No. 38-97
TENNIS OLD
STADIUM SCHOOL
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GC A T L A N TI C OS AVENUE
POLICE SOU TH
COMPLEX COUNTY
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S.W. ST. S.E.
S.W. 2ND ST. S.E. 2ND
S.W. 3RD ST. S.E.
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S.W. 4TH ST.
DRUG ABUSE FOUNDATION
OF
PALM BEACH COUNTY
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~ ST. PAUL'S EPISCOPAL CHURCH PARKINC LOT
PLANNINC DEPA~ T~£NT
CITY OF ~)[LRAY BlACk, FL FROM: RM (MEDIUM DENSITY RESIDENTIAL) TO: CF (COMMUNITY FACIL)TES)
--- DIGIT,4~ J~4~E ~ SYSTEM ---- MAP R£F: LM168
MEMORANDUM
TO: _~YOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM #/0~- REGULAR MEETING OF SEPTEMBER 23, 1997
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 38-97
(REZONING FOR PARKING LOT ASSOCIATED WITH ST. PAUL'S
EPISCOPAL CHURCH)
DATE: SEPTEMBER 17, 1997
This is second reading and a quasi-judicial public hearing for
Ordinance No. 38-97 which rezones a 0.224 acre parcel of land from
RM (Medium Density Residential) District to CF (Community
Facilities) District for St. Paul's Episcopal Church. The subject
property is located on the west side of S.W. 1st Avenue,
approximately 140 feet north of S.W. 2nd Street.
The proposal incorporates the south half of Lot 15 and all of Lot
16, Block 54 of the resubdivision of the south half of Block 54,
Town of Delray. The subject property is vacant. The rezoning is
requested to accommodate a 24 space parking lot to be used for
overflow parking associated with St. Paul's Episcopal Church.
Additional background and an analysis of the request is found in
the attached Planning and Zoning Board staff report.
At its meeting of August 18, 1997, the Planning and Zoning Board
held a public hearing in conjunction with review of the rezoning.
There was no public testimony, and the Board voted 6 to 1
(McCarthy dissenting) to recommend that the rezoning request be
approved, based upon positive findings with respect to policies of
the Comprehensive Plan, Chapter 3 (Performance Standards), and
Section 2.4.5(D) (5) of the Land Development Regulations. At first
reading on September 9, 1997, the Commission passed the ordinance
by unanimous vote.
Recommend approval of Ordinance No. 38-97 on second and final
reading based upon positive findings and the recommendation of the
Planning and Zoning Board.
ref:agmemol3
TO: DAVIDT. HARDEN ^ ~'~
~, CITY MANAGER
THRU:
D~.~ARTMENT OF PLANNING/~ND ZONING
FROM: J~KS,~~IO ~R PLANNER
SUBJECT: SEPTEMBER 9, 1997
REZONING FROM RM (MEDIUM DENSITY RESIDENTIAL) TO CF
(COMMUNITY FACILITIES) FOR PROPERTY LOCATED ON THE WEST SIDE
OF SW 1ST AVENUE APPROXIMATELY 140 FEET NORTH OF SW 2ND
STREET.
The action requested of the City Commission is that of approval on first reading of an
ordinance rezoning a 0.224 acre parcel of land from RM (Medium Density Residential)
to CF (Community Facilities) for St. Paul's Episcopal Church.
The subject property is located on the west side of SW 1st Avenue approximately 140'
north of SW 2nd Street.
The proposal incorporates the south half of Lot 15 and all of Lot 16, Block 54 of the
resubdivision of the south half of Block 54, Town of Delray. The subject property is vacant.
The rezoning is requested to accommodate a 24 space parking lot to be utilized for overflow
parking associated with St. Paul's Episcopal Church. Additional background and an analysis of
the request is found in the attached Planning and Zoning Board Staff Report.
At its meeting of August 18, 1997, the Planning and Zoning Board held a public hearing in
conjunction with review of the rezoning. There was no public testimony. After reviewing the
staff report, the Board voted 6-1 (McCarthy dissenting) to recommend that the rezoning request
be approved, based upon positive findings with respect to policies of the Comprehensive Plan,
Chapter 3 (Performance Standards), and Section 2.4.5(D)(5) of the Land Development
Regulations.
By motion, approve on first reading the ordinance for the rezoning from RM (Medium Density
Residential) to CF (Community Facilities) based upon positive findings with respect to policies
of the Comprehensive Plan, Chapter 3 (Performance Standards), Section 2.4.5(D)(5) of the
Land Development Regulations, and setting a public hearing date of September 23, 1997.
Attachments:
· P&Z Staff Report and Documentation of August 18, 1997
· Ordinance by Others
PLANNING AND ZONIN(J BOARD
CITY OF DELR Y BEACH ---STAFF REPORT---
MEETING DATE: August 18, 1997
AGENDA ITEM: V.A.
ITEM: Rezoning from RM (Medium Density Residential) to CF (Community
Facilities) for the establishment of a parking lot associated with St. Paul's
Episcopal Church, located on the west side of S.W. 1st Avenue,
approximately 120 feet north of S.W. 2nd Street.
J l II I IC,~.~LL, I }!,,,.I.... ,.L:~I. ,,, ,,., I__d
COMMUNITY
- , ~ CENT'ER
'~ TENNIS L__
ATLANTIC AVENUE
GENERAL DATA: I sou~ I[I t'l~'~ ~TTT~
Owner ........................................ Dekay Beach Community
Redevelopment Agency
Applicant .................................... St. Paul's Episcopal Church
Agent ......................................... Dr. E. Monroe Farber ~ ~r--ns'"' ,s, sT.
Location ..................................... West side of S.W. 1st
Avenue, approximately 120
ft. north of S.W. 2nd Street
Property Size ............................. 0.224 Acre
Future Land Use Map ................ Medium Density Residential
Current Zoning .......................... RM (Medium Density ~.. 2.° sT.
Proposed Zoning ....................... CF (Community Facilities)
Adjacent Zoning ............... North: RM
East:CF ~l,1
South: RM
West: RM .
Proposed Land Use ............ : ...... Rezoning from RM to CF to
accommodate a parking lot
associated with an existing .
church.
Water Service ............................ n/a . ,T.
Sewer Service ........................... n/a -~CITYI PUBLICOFcoMPLExDELRAyDRUGPALMwoRKsABUSEBEAcHBEAcHOFFOUNDATIONcouNTY, ,
The action before the Board is making a recommendation to the City
Commission on a rezoning request from Multiple Family Residential
(Medium Density) (RM) to Community Facilities (CF) for St. Paul's
Episcopal Church.
The subject property is located on the west side of SW 1st Avenue,
approximately 120 feet north of SW 2nd Street, and contains
approximately 0.224 acres.
Pursuant to LDR Section 2.2.2(E), the Local Planning Agency shall review
and make a recommendation to the City Commission with respect to
rezoning of any property within the City.
The subject property is a vacant 0.224 acre parcel of land which consists of the south
half of Lot 15 and all of Lot 16, Block 54 of the resubdivision of the south half of Block
54 Town of Delray.
The parcel was zoned Multiple Family Residential-6 units per acre (RM-6) until it was
rezoned to Multiple Family Residential (RM) with the Citywide Rezoning associated with
the adoption of the Land Development Regulations in 1990.
The development proposal is to rezone the south half of Lot 15 and all of Lot 16 Block
54, from Multiple Family Residential (Medium Density) (RM) to Community Facilities
(CF). The rezoning is requested to accommodate a 24 space parking lot to be utilized
for overflow parking for St. Paul's Episcopal Church. The attendant sketch plan
indicates that the parking lot will be enclosed by a 6' high chain link fence along the
north, south and west property lines, and a 4' high chain link fence containing two 12'
wide rolling gates along the east property line.
I
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.'1.'1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
P & Z Board Staff Report /
Rezoning from RM to CF for St. Paul's Episcopal Church
Page 2
is part of the official record. This may be achieved through information on
the application, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development
application. These findings relate to the following four areas.
Future Land Use Ma_o: The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the land use designation.
The current Future Land Use Map designation for the subject property is Medium
Density Residential 5-12 du/ac. The requested zoning change is from Multiple
Family Residential (Medium Density) (RM) to Community Facilities (CF). The
proposed zoning designation of CF is consistent with the Medium Density Future
Land Use Map designation. Pursuant to the purpose statement for the CF
zoning [Section 4.4.21(A)], the CF district is deemed compatible with all land
use designations shown on the Future Land Use Map. Further, Section
4.4.21(B)(5) within the CF district churches are listed as a permitted use, and
parking lots are allowed as an accessory use. Based upon the above, positive
findings can be made with respect to consistency with the Future Land Use Map.
Concurrency: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
The stated purpose of the rezoning is to accommodate an off-site 24 space
parking lot which is associated with an existing church. The use (a parking lot)
will not have an impact on services with respect to water, sewer, solid waste,
parks, and open space. Concurrency with respect to drainage is better
addressed during the site plan approval process.
Pursuant to LDR Section 2.4.5(D)(2), with all rezoning requests, traffic
information is required which addresses the development of the property under
reasonable intensity pursuant to the existing zoning and the proposed zoning.
As traffic generation rates are based on building square footages and the
proposal is for the construction of a parking lot, no additional trips will be
generated.
Consistency: Compliance with the performance standards set forth in Section
3.3.2 (Standards for Rezoning Actions) along with required findings in Section
2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in the making of a finding of overall
consistency.
P & Z Board Staff Report ,
Rezoning from RM to CF for St. Paul's Episcopal Church
Page 3
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following was found:
Land Use Element Objective A-J: Vacant property shall be developed in a
manner so that the future use and intensity is appropriate in terms of soil,
topographic, and other applicable physical considerations, is complementary to
adjacent land uses, and fulfills remaining land use needs.
The subject parcel is a vacant residential lot that has no physical features that
require special consideration. The construction of a parking lot on the subject
property will help to eliminate the church's overflow parking on the adjacent
rights-of-way, thereby decreasing the impact of the church on nearby properties.
Compatibility is discussed further in the section below.
Section 3.3.2 (Standards for Rezoning Actions): The applicable performance
· standards of Section 3.3.2 and other policies which apply are as follows:
A) That a rezoning to other than CF within a stable residential area shall be
denied.
The subject property is located within a "Rehabilitation and Revitalization" area
and not within a neighborhood classified as "Stable" in the Housing Element of
the Comprehensive Plan. Additionally, the request is for a rezoning to CF
thereby meeting the above standard.
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and
proposed; or that if an incompatibility may occur, that sufficient
regulations exist to properly mitigate adverse impacts from the new use.
The subject property is bordered on the north, south and west property lines by
RM zoning and to the east by CF zoning. The existing land uses are residential
dwellings to the south and west, a vacant residential lot to the north, and the
church to the east. Site specific compatibility of the proposed parking lot with the
adjacent residential uses will be mitigated through the following LDR
requirements. These include:
Pursuant to CF district Section 4.4.21(H) Special Regulations, when this zone
district is adjacent to residential zoning, the perimeter landscape area should be
15'; or, as an alternative either a wall, decorative fencing or hedging should be
installed for aesthetic and buffer purposes.
Pursuant to the Landscape Regulations Section 4.6.16(H)(3)(e), where any
commercial or industrial area abuts a residential zoning, one tree shall be
planted every 25' to form a solid tree line.
P & Z Board Staff Report 'J~
Rezoning from RM to CF for St. Paul's Episcopal Church
Page 4
The attendant sketch plan indicates that as an alternate, a 5' perimeter
landscape strip will be provided containing a fence, continuous hedge and trees
30' on center. It is noted that the trees will need to be spaced 25' on center to
meet the above code requirement and the hedge should be increased to 4 1/2' in
height at the time of planting to further buffer the parking lot from the adjacent
residential uses. These requirements will be addressed through the site plan
review process for the parking lot.
Sectiorl 2.4.5{D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of Section
3.1.t, the City Commission must make a finding that the rezoning fulfills one of
the reasons for which the rezoning change is being sought. These reasons
include the following:
a. That the zoning had previously been changed, or was originally
established, in error;
b. That there has been a change in circumstances which make the
current zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more appropriate for the property
based upon circumstances particular to the site and/or
neighborhood.
The applicant has submitted a justification statement which states the following:
"The existing facilities are across the street (east,) and zoned Community
Facilities (CF). The impact of this 24 space parking facility wi//be minima/with
consideration of its week-end use and the existing parking facility. It is similar in
intensity as neighboring properties - in certain circumstances, less intense.
Medium density residential use would generate more activity on a daily basis. Its
proximity to the church and the County Courthouse Comp/ex, as we// as
apartment comp/exes and OSSHAD zoned properties create the
appropriateness of this request.'
Comment: The justification statement seems to address Item "c" as the basis for which
the rezoning should be granted. The CF zoning can be considered of similar intensity
as allowed under the Future Land Use Map, and more appropriate for the property
given the proximity to the church and its proposed use as overflow parking.
P & Z Board Staff Report ~)
Rezoning from RM to CF for St. Paul's Episcopal Church
Page 5
Compliance with Land Development Regulations:
Items identified in the Land Development Regulations shall specifically be
addressed by the body taking final action on a land development
application/request.
LDR Section 4.3.4(K) Development Standards Matrix:
The site's improvements, as proposed in the sketch plan, will meet or exceed all
requirements of this section.
LDR Section 4.4.21(H) CF District Special Regulations:
As discussed earlier in this report, when this district (CF) is adjacent to residential
zoning, the perimeter landscape area should be increased to 15'; or, as an alternative,
either a wall, decorative fencing, or hedging should be installed for aesthetic and
buffering purposes. The sketch plan indicates that a fence, trees 30' on center and a
continuous hedge are proposed along the property lines abutting residential uses. The
trees however, will need to be spaced 25' on center and the hedge installed at the
height of 4 1/2 feet at time of planting.
LDR Section 6.1.3 Sidewalks:
Currently, no sidewalks exist along either sides of SW 1st Avenue. Installation of a 5'
wide sidewalk will be required within SW 1st Avenue right-of-way adjacent to the
subject property. In addition to the above, an internal sidewalk from the church's
property dead-ends into to SW 1st Avenue (north of the off-site parking lot). This
sidewalk should be extended south along the church's property to SW 2nd street, or at
least to the south end of the proposed parking lot to provide pedestrians a path from the
parking lot to the entrance of the church. This item can further be addressed with the
submittal of the site plan.
LDR Section 4.6.16 Landscaping:
Landscape plans were not submitted with the application, however will be required with
the submittal of the site plan at which time they will be reviewed.
The rezoning is not in a geographic area requiring review by the HPB (Historic
Preservation Board). However, since the church is located in the Old School Square
Historic District, HPB reviewed the rezoning at its meeting of August 6th. While the
Board was in favor of the rezoning and recommended approval, they felt that the
parking lot should be sod on a stabilized surface which would be more compatible with
P & Z Board Staff Report '.''~
Rezoning from RM to CF for St. Paul's Episcopal Church
Page 6
the surrounding residential neighborhood. This issue can be discussed further with the
site plan approval process.
At its meeting of August 7th, the CRA (Community Redevelopment Agency) reviewed
the development proposal and unanimously recommended approval of the rezoning.
The rezoning is not in a geographic area requiring review by the DDA (Downtown
Development Authority).
Courtesy Notices:
A Courtesy Notice was sent to Old School Square Homeowner's Association.
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of objection and support, if any, will be presented at the
Planning and Zoning Board meeting.
The rezoning from RM to CF is consistent with the policies of the Comprehensive Plan
and Chapter 3 of the Land Development Regulations. Also, positive findings can be
made with respect to Section 2.4.5(D)(5) (Rezoning Findings), that the CF zoning is of
similar intensity as allowed under the Future Land Use Map, and that it is more
appropriate for the property based upon circumstances particular to the neighborhood.
A. Continue with direction.
B. Recommend approval of the rezoning request from RM to CF for St. Paul's
Episcopal Church parking lot, based upon positive findings with respect to
Section 3.1.1 (Required Findings), Section 3.3.2 (Standards for Rezoning
Actions), and Section 2.4.5(D)(5) of the Land Development Regulations, and
policies of the Comprehensive Plan.
C. Recommend denial of the rezoning request from RM to CF for St. Paul's
Episcopal Church parking lot, based upon a failure to make positive findings with
respect to Section 2.4.5(D)(5) (Rezoning Findings), that the rezoning does not
fulfill one of the reasons for which a rezoning should be sought.
P & Z Board Staff Report '~
Rezoning from RM to CF for St. Paul's Episcopal Church
Page 7
Recommend approval of the rezoning request from Multiple Family Residential
(Medium Density) (RM) to Community Facilities (CF) for St. Paul's Episcopal Church
parking lot, based upon positive findings with respect to Section 3.1.1 (Required
Findings), Section 3.3.2 (Standards for Rezoning Actions), and Section 2.4.5(D)(5) of
the Land Development Regulations, and policies of the Comprehensive Plan.
Attachments:
[] Location/Zoning Map
[] Survey
[] Site/Sketch plan
Report prepared by: Janet Meeks. Senior Planner
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LEGAL VERIFICATION FORM
FILE #: 97-184
PROJECT NAME: ST PAUL'S EPISCOPAL CHURCH
LEGAL DESCRIPTION:
The South hal~ o~f Lot 15 and all of Lot 16, Block 54 of the Resubdivision of the
South Half o.f~if_d_ Block 54, in the Town of Delray, according to the Plat thereof
on file in thL~FO-ff~ce of the Clerk of the Circuit Court in and for Palm Beach
County, Florida in Plat Book 11, Page 2.
SOURCE of Legal Description: Survey (copy attached)
VERIFIED BY:~DATE: ~~Z.
VERIFICATION REQUEST NEEDED BY: AUGUST 11, 1997
LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO SECOND
READING:
VERIFIED BY: DATE:
VERIFICATION REQUEST NEEDED BY:
REF/LEGSTPL