25-96 ORDINANCE NO. 25-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING ORDINANCE NO. 31-95 BY REPEALING
SECTION 4. IN ITS ENTIRETY AND ENACTING A NEW SECTION 4.
TO MODIFY THE SCHEDULE FOR COMPLETION OF THE IMPROVEMENTS
ASSOCIATED WITH THE REESTABLISHMENT OF THE MARINA DELRAY
SAD (SPECIAL ACTIVITIES DISTRICT), LOCATED AT THE
SOUTHEAST CORNER OF GEORGE BUSH BOULEVARD AND PALM TRAIL;
PROVIDING A GENERAL REPEALWR CLAUSE, A SAVING CLAUSE, AND
WHEREAS, on June 20, 1995, the City Commission approved Ordinance
No. 31-95 which reestablished the Special Activities District (SAD), subject
to conditions, for property known as Marina Delray and located at the
southeast corner of George Bush Boulevard and Palm Trail; and
WHEREAS, Section 4. of Ordinance No. 31-95 provided that the
develolmnent of and improvements to the subject property were to be in
accordance with a specified improvement schedule; and
WHEREAS, the applicant has suhnitted a request to amend the
approved improvement schedule; and
WHEREAS, pursuant to LDR Section 2.4.5(D), the Planning and Zoning
Board reviewed the subject matter at public hearing on June 17, 1996, and
voted unanimously to forward the change with a recommendation of approval;
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning
and Zoning Board, sitting as the Local Planning Agency, has determined that
the change is consistent with aD~ furthers the objectives and policies of the
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4. of Ordinance No. 31-95 be, and the same
is hereby repealed in its entirety, and a new Section 4. of Ordinance No.
31-95 is hereby enacted to read as follows:
Section 4. That the development of and improvements to
the subject property described in Section 1, above, shall be
in accordance with the following improvement schedule:
* That within thirty (30) days from second reading of
Ordinance No. 25-96, permit applications must be
suhnitted to the Community Improvement Department
(Building) for the associated improvements (i.e.
removal of excess paving, installation of
parking/landscaping, sidewalks, fencing aD~ dumpster
enclosure); and
* That within ninety (90) days from the issuance of the
permits, installation of the associated improvements
(i. e. parking/landscaping, sidewalks, fencing and
dumpster enclosure) must be completed.
Section 2. That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
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 ~ffective 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 July , 1996.
ATTEST:
t~ty C-ler~ '~
First Reading July 9, 19 9 6
Second Reading July 2 3, 1 9 9 6
- 2 - Ord. No. 25-96
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~ (
SUBJECT: AGENDA ITEM # /~'C'- MEETING OF JULY 23, 1996
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 25-96
(AMENDMENT TO THE MARINA DELRAY SPECIAL ACTIVITIES
DISTRICT)
DATE: JULY 19, 1996
This is second reading and public hearing for Ordinance No. 25-96
which amends the SAD (Special Activities District) Ordinance (No.
31-95) for Marina Delray to modify the schedule for completion of
the associated improvements. The subject property is located at
the southeast corner of George Bush Boulevard and Palm Trail.
On June 2, 1995, the City Commission granted rezoning and
attendant site plan approval to reestablish the SAD (Special
Activities District) via Ordinance No. 31-95, subject to
conditions as well as an improvement schedule set forth in
Section 4 of the ordinance (copy attached). The schedule has
not been met, although certain improvements have been made
including the swimming pool, second floor awning, building
renovations to accommodate the second floor apartment, and facade
improvements (painting). While the applicant has experienced
delays, staff has continued to work with the applicant to obtain
compliance. The proposed change to the improvement schedule will
allow for the continuation of the use and conditions of approval
to be addressed. The schedule proposed in the subject ordinance
should help prevent further delays with the installation of
improvements.
The Planning and Zoning Board considered the request at a public
hearing on June 17, 1996. There was no public testimony. The
Board unanimously recommended approval of the amended improvement
schedule. At first reading on July 9th, the Commission voted 3-2
(Commissioner Ellingsworth and Mayor Alperin dissenting) to pass
the ordinance.
Recommend approval of Ordinance No. 25-96 on second and final
reading.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FRDM: ~ CITY MANAGER
DELRAY SPECIAL ACTIVITIES DISTRICT)
DATE: JUNE 28, 1996
This is first reading for Ordinance No. 25-96 which amends the SAD (Special
Activities District) Ordinance (No. 31-95) for Marina Delray to modify the
schedule for completion of the associated improvements. The subject
property is located at the southeast corner of George Bush Boulevard and
Palm Trail.
On June 20, 1995, the City Commission granted rezoning and attendant site
plan approval to reestablish the SAD (Special Activities District) via
Ordinance No. 31-95, subject to conditions as well as an improvement
schedule set forth in Section 4 of the ordinance (copy attached). The
schedule has not been met, although certain improvements have been made
including the swimming pool, second floor awning, building renovations to
accommodate the second floor apartment, and facade improvements (painting).
While the applicant has experienced delays, staff has continued to work
with the applicant to obtain compliance. The proposed change to the
improvement schedule will allow for the continuation of the use and
conditions of approval to be addressed. The schedule proposed in the
subject ordinance should help prevent further delays with the installation
of improvements.
The Planning and Zoning Board considered the request at a public hearing on
June 17, 1996. There was no public testimony. The Board unanimously
recommended approval of the ameD~ed improvement schedule.
Recommend approval of Ordinance No. 25-96 on first reading. If passed, a
public hearing will be held on July 23, 1996.
ref: agmemo 10
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ, DIRECTOR ~~
RTMENT OF PLANNING AND ZONING
FROM: PAUL DORLING ~)
PRINCIPAL PLANNER
SUBJECT: MEETING OF JULY 9, 1996
APPROVAL OF ORDINANCE NO. 25-96 AMENDING THE
MARINA DELRAY SAD (SPECIAL ACTIVITIES DISTRICT),
LOCATED AT THE SOUTHEAST CORNER OF GEORGE BUSH
BOULEVARD AND PALM TRAIL.
The action requested of the City Commission is that of approval of
an amendment to the SAD (Special Activities District) for Marina
Delray, pursuant to LDR Section 2.4.5(D).
The subject property is located at the southeast corner of George
Bush Boulevard and Palm Trail, within the SAD (Special Activities
District) zone district.
At its meeting of June 20, 1995, the City Commission granted rezoning and
attendant site plan approval to re-establish the SAD (Special Activities District)
for Marina Delray via Ordinance No. 31-95. The proposal included a site plan
which provided: parking (11 spaces) and landscaping improvements; reservation
of right-of-way along George Bush Boulevard; dedication of right-of-way along
Palm Trail; installation of a water main and fire hydrant; elimination of excess
paving within the adjacent street rights-of-way; screening of the existing boat
racks; installation of an awning over the 2nd floor terrace; renovations to the
building to accommodate a 2nd floor apartment; and, installation of a swimming
pool.
City Commission Documentation
Amendment to SAD Ordinance No. 31-95 for Marina Delray
Page 2
Concurrently, the approval was conditioned on the following improvement
schedule which was sought by adjacent property owners, who were frustrated by
the lack of progress made in completing improvements under the marina's
previous ownership:
· That within 45 days from second reading of the SAD ordinance, Site Plan
Review and Appearance Board (SPRAB) approval must be obtained for the
proposed landscaping;
· That within 30 days from the SPRAB approval permit applications must be
submitted to the Community Improvement Department (Building) for the
associated improvements i.e. parking/landscaping, water main and fire
hydrant.; and,
· That within 90 days from the issuance of a building permit, installation of the
associated parking/landscaping, water main and fire hydrant must be
completed.
The above improvement schedule has not been met. Certain improvements
have been installed including the swimming pool, second floor awning, building
renovations to accommodate the second floor apartment, and facade
improvements. SPRAB has approved the site/landscape plans, however, the
improvements have not been made, nor have permits for the improvements been
issued. The Fire Department has since determined that the water main upgrade
and fire hydrant are not necessary.
The applicant has submitted a justification statement regarding the basis for the
delay in obtaining the various approvals and the installation of improvements. In
summary, the previous consultant was dismissed and new consultants (architect,
engineer, landscape architect) had to be hired to redraw the plans. The request
before the City Commission is to amend the improvement schedule and
eliminate the language which pertains to the installation of a water main and fire
hydrant. The following amended improvement schedule is proposed:
[] That within 30 days from second reading of Ordinance No. 25-96, permit
applications must be submitted to the Community Improvement Department
(Building) for the associated improvements (i.e. removal of excess paving,
installation of parking/landscaping, sidewalks, fencing and dumpster
enclosure); and,
That within 90 days from the issuance of the permits, installation of the
associated improvements (i.e. parking/landscaping, sidewalks, fencing and
dumpster enclosure) must be completed.
City Commission Documentation
Amendment to SAD Ordinance No. 31-95 for Marina Delray
Page 3
The Planning and Zoning Board considered the request at a public hearing on
June 17, 1996. No one from the public spoke for, or against the proposal. The
Planning and Zoning Board recommended approval of the improvement
schedule recommended by staff on a unanimous 7-0 vote.
By Motion, approve Ordinance No. 25-96 amendment the Marina Delray
SAD based upon positive findings with the policies of the Comprehensive
Plan, and Chapter 3 of the Land Development Regulations, incorporating the
new improvement schedule as provided in the attachment.
Attachments:
Strike Through and Underline of Changes
Location Map
Copy of Ordinance No. 31-95
S:PLANNI/DOCUME/REPORT/CCMARINA.DOC
The proposed modifications to Section 4 of Ordinance No. 31-95 are as follows:
Section 4. That the development of and improvements to the subject property
described in Section 1, above, shall be in accordance with the following
improvement schedule:
* That within thirty (30) days from second readin.q of Ordinance No. 25-96,
permit applications must be submitted to the Community Improvement
Department (Building) for the associated improvements (i.e. removal of
excess paving, installation of parking/landscaping, sidewalks, fencing and
dumpster enclosure); and,
· That within ninety (90) days from the issuance of the permits, installation of
the associated improvements (i.e. parking/landscaping1 sidewalks, fencing
and dumpster enclosure) must be completed.
ORDINANCE NO. 31-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REESTABLISHING THE SAD
(SPECIAL ACTIVITIES DISTRICT) ZONING CLASSIFICATION
FOR A .PARCEL OF LAND LOCATED AT THE SOUTHEAST CORNER
OF GEORGE BUSH BOULEVARD AND PALM TRAIL KNOWN AS
MARINA DELRAY, AS MORE PARTICULARLY DESCRIBED HEREIN;
GRANTING SITE PLAN APPROVAL WITH CERTAIN CONDITIONS;
PROVIDING FOR AN IMPROVEMENT SCHEDULE FOR THE
INSTALLATION OF IMPROVEMENTS TO THE SITE; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE~ AND AN
EFFECTIVE DATE.
WHEREAS,-on December 12, 1989, the City Commission approved.
Ordinance No. 73-89 which established a Special Activities District
(SAD), subject to Conditions, for the property hereinafter described;
and
WHEREAS, the SAD conditions of approval pursuant to
Ordinance No. 73-89 were never addressed and site improvements were
not installed; and
WHEREAS, the Special Activities District (SAD) was never
established and expired as of June 12, 1991; and
WHEREAS, on April 7, 1995, an application to reestablish the
SAD (Special Activities District), including an attendant site plan to
accommodate a marina and accessory uses, was submitted for review and
consideration;
WHEREAS, pursuant to LDR Section 2.4.5(D), the Planning and
Zoning Board reviewed the subject matter at public hearing on May 15,
1995, and voted 6 to 0 to recommend that the request be approved,
subject to conditions; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is' consistent with and furthers the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS POLLOWS:
Section 1. That the following described property in the
City of Delray Beach, Florida, is hereby zoned and reestablished in
the SAD (Special Activities District) as defined in Section 4.4.25 of
the Land Development Regulations of the City of Delray Beach, to-wit:
Ail of a tract of land, less the South 250 feet
thereof, situate, lying and being in Section 9,
Township 46 South, Range 43 East, Palm Beach County,
Florida, and more particularly described as follows:
From the Quarter Section corner of the South boundary
of Section 9, Township 46 South, Range 43 East, run
North 0 degrees 13' 20" East, a distance of 1,746.55
feet along the Quarter Section line to a point on the
North boundary of Lot 6, Model Land Company's Plat of
said Section 9, as recorded in Plat Book 8 at Page 40
in the Public Records of Palm Beach County, Florida;
thence easterly at an angle measured from North to
East 89 degrees 23', a distance of 591.06 feet to a
point; thence in a southerly direction at an angle
measured from East to South of 96 degrees 24' 24" for
a distance of 33.21 feet to the point of beginning of
this description; thence from the point of beginning
run in a southerly direction at an angle of 175
degrees 06' 03", measured from North to East to South
a distance of 465.73 feet along the East line of Palm
Trail to a point in the South boundary line of said
Lot 6; thence in an Easterly direction at an angle of
88 degrees 30' 13" measured from North to East, along
the Southern boundary of said Lot 6 a distance of
201.52 feet to a point of intersection with the West
right-of-way line of the Intracoastal Waterway;
thence in a Northerly direction at an angle of 98
degrees 07' 01", measured from West to North along
said right-of-way line a distance of 470.42 feet;
thence in a Westerly direction at an angle of 81
degrees 52' 19" measured from South to West a
distance of 255.58 feet to the point of beginning.
The subject property is located at the southeast
corner of George Bush Boulevard and Palm Trail;
containing 1.14 acres, more or less.
~ That the uses allowed for the subject property
described in Section 1, above, pursuant to Section 4.4.25(B) of the
Land Development Regulations of the City of Delray Beach, Florida,
shall be as follows:
* Full Service Marina, excluding restaurants
* In/out dry storage
* Sale of fuel for boats only
* Small marine engine repair and sales
- 2 - Ord. No. 31-95
* Sale of bait, beverages and miscellaneous
convenience items
* In water dock rental
* Charter boat rentals
* New and used boat sales
* Fabrication of boat tops and canvas w~rk
(restricted only to storage and dockage clients)
* Marine towing services
* One residential dwelling unit, to be occupied by
the property owner, business owner, proprietor
or employee with a garage and swimming pool as
an accessory use to the residence
$~tion 3. That the development of and improvements to the
subject property described in Section 1, above, shall be in accordance
with the site plan and attendant conditions as recommended for
approval by the Planning and Zoning Board on May 15, 1995, and as
approved by the City Commission on the date that this ordinance is
passed and adopted on second and final reading.
Section 4. That the development of and improvements to the
subject property described in Section l, above, shall be in accordance
with the following improvement schedule:
* That within forty-five (45) days from second
reading of this Ordinance No. 31-95, Site Plan
Review and Appearance Board (SPRAB) approval
must be obtained for the proposed landscaping;
* That within thirty (30) days from the SPRAB
appr~gal, permit applications must be submitted
to the Community Improvement Department
(Building) for the associated improvements (i.e.
parking/landscaping, water main and fire
hydrant); and
* That within ninety (90) days from the issuance
of a building permit., installation of the
associated parking/landscaping, water main and
fire hydrant must be completed.
Section 5. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
- 3 - Ord. No. 31-95'
~_~TJuQ~L~ 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 past declared t~ be invalid.
~ That this ordinance shall become effective on
August 1, 1995.
PASSED AND ADOPTED in regular session on second and final
reading on this the 20th day of June, 1995.
ATTEST:
' citY ~lWrk
First Reading June 6, 1995
Second Reading June 20, 1995
- 4 - Ord. No. 31-95
LAKE AVENUE S.
BOND WAY
~I'R-IERSPOON LANE
McKEE LN.
~ I WATERWAY NORTH CONDO
I
~ INLET
GEORGE BUSH BOULEVARD GEORGE
N.E. 7TH CT. CHURCH
N.E. 7TH ST,
ACURA ~ M.S.A. M.S.A. TRACT
OF I--- TRACT
DELRA Y
BEACH
N.E. 6TH ST.
O
N.E. 5TH ST. /.-.-..
WAL- ,..,
GREENS
N.E. ST. BEACH DRIVE
MARINA DELRAY
PLANNING DEPARI~4ENT
CITY O¢' OELRAY BEACH. FL
-- DIG/f, AL ~-~E MA~ SYS'TEM -- MAP REF: LM072
' A PUBLIC HEARING will lie held on
1.'lO P.M. m 'IIIII~Y,
~en), in fie C~ CammiGIm Clam-
be~, 110 N.W. 1st A~mnue, Defray
~ will ¢~$[~1f
m,~.,ctet It ~e Off~ I~ the CI~/
Cldl't it City Hill, 1M #.W. lit A~.
~ ~ Friday, ece~t I~li-
to Itte~l J,xl he heard wl~ reject to
JI,~ION OF THE CITY OF DELRA¥
BEACH, FLORIDA, A~ENDING OR-
DINANCE NO. $1.J5 BY R£PEALI#G
$EC1'10# 4, I# ITS ENTIRETY AND
ENACTING A NEW SECTION 4, TO
MODIFY TIlE SCHEDULE FOR
COMPLETION OF THE IMPROVE-
ME#TS A,~SOCIATED WITH THE
EEK$1'ABLISHMENT O~ THE ~RI.
RA DELRA¥ SAD (SPECIAL AC¥1¥1-
TIES DISTRICT), LOCATED AT ?lie
BUSH BOULEVARD AND PALM
TRAIL; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING
CLAUSE, ANO AN ' EFFECTIVE
DATE.
Please be affviseci that if
cites to ~opeal my decisioe maG~e by
~ Cffy Commissiml w~th r~aed to
~ny mitte~ camh~'ed it this hearing,
s~xtt pee~ will ~ed a rK~J Of these
I~'ace~lir.~, aM fo~ ~is
MtJm record includes the testimony
F.S.J.~l~.
CITY OF DELRAY BEACH
AliSa1 A~cGre~r
The Nm
~ca I~ray Beach
MEETING OF: June 17, 1996
AGENDA ITEM: . V.A.
AMENDMENT TO SAD (SPECIAL ACTIVITIES DISTRICT)
ORDINANCE NO. 31-95 FOR MARINA DELRAY,
LOCATED AT THE SOUTHEAST CORNER OF GEORGE
BUSH BOULEVARD AND PALM TRAIL.
The action before the Board is that of making a recommendation to
the City Commission on an amendment to SAD (Special Activities
District) Ordinance No. 31-95 for Marina Delray, pursuant to LDR
Section 2.4.5(D). The SAD Ordinance is being amended in order to
modify the improvement schedule for completion of the associated
improvements.
The subject property is located at the southeast corner of George
Bush Boulevard and Palm Trail, within the SAD (Special Activities
District) zone district.
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 an amendment to an Ordinance establishing an SAD on
any property within the City.
At its meeting of June 20, 1995, the Planning and Zoning Board recommended
to the City Commission approval of a rezoning and attendant site plan to re-
establish the SAD (Special Activities District) for Marina Delray, to accommodate
the marina and its accessory uses. The development proposal and the proposed
uses to be conducted on the subject property incorporated the following:
I~1 Full Service Marina, excluding restaurants
I~ In/out dry storage
r-t Sale of fuel for boats only
Meeting Date: June 17, 1996
Agenda Item: V.A.
P & Z Board Memorandum Staff Report
Marina Delray - Amendment to SAD Ordinance No. 31-95
Page 2
El Sale of fuel for boats only
El Small marine engine repair and sales
El Sale of bait, beverages and miscellaneous convenience items
El In water dock rental
El Charter boat rentals
El New and used boat sales
El Fabrication of boat tops and canvas work (restricted only to storage and
dockage clients)
El Marine towing services
El One residential dwelling unit, to be occupied by the property owner, business
owner, proprietor or employee with a garage and swimming pool as an
accessory use to the residence
The proposal included a site plan which provided: parking (12 spaces) and
landscaping improvements; reservation of right-of-way along George Bush
Boulevard; dedication of right-of-way along Palm Trail; installation of a water
main and fire hydrant; elimination of excess paving within the adjacent street
rights-of-way; screening of the existing boat racks; installation of an awning over
the 2nd floor terrace; renovations to the building to accommodate a 2nd floor
apartment; and, installation of a swimming pool.
The Planning and Zoning Board recommendation included conditions; one of
which involved the establishment of a time schedule for completion of required
improvements. This condition had been sought by adjacent property owners,
who were frustrated by the lack of progress made in completing improvements
under the marina's previous ownership.
At its meeting of June 20, 1995, the City Commission granted rezoning and
attendant site plan approval to re-establish the SAD (Special Activities District)
via Ordinance No. 31-95, subject to conditions as well as the following
improvement schedule:
That within 45 days from second reading of the SAD ordinance, Site Plan
Review and Appearance Board (SPRAB) approval must be obtained for the
proposed landscaping;
· That within 30 days from the SPRAB approval permit applications must be
submitted to the Community Improvement Department (Building) for the
associated improvements i.e. parking/landscaping, water main and fire
hydrant.; and,
· That within 90 days from the issuance of a building permit, installation of the
associated parking/landscaping, water main and fire hydrant must be
completed.
P & Z Board Memorandum Staff Report
Marina Delray - Amendment to SAD Ordinance No. 31-95
Page 3
The above improvement schedule has not been met. The Site Plan Review and
Appearance Board (SPRAB) approved the landscape plan on June 5, 1996,
almost a year after the approval of the SAD. The boundary plat is currently
being processed and is scheduled for action by the City Commission in July.
Improvements that were noted on the approved sketch plan and have been
installed include the swimming pool, second floor awning, building renovations to
accommodate the second floor apartment, and facade improvements (painting).
None of he landscape or parking improvements have been made, nor have
permits for the improvements been issued.
The applicant has submitted a justification statement regarding the basis for the
delay in obtaining the various approvals and the installation of improvements. A
modification to the SAD ordinance to amend the schedule for the required
improvements is now before the Board for action.
The proposal involves amending the improvement schedule and eliminating the
language which pertains to the installation of a water main and fire hydrant. The
request is to amend Section 4 of Ordinance No. 31-95, regarding the
improvement schedule to read the following:
That the demolition, reconstruction and resurfacing be completed within 120
days of the issuance of a building permit; and,
That the landscaping be installed within 60 days of issuance of a building
permit.
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
is part of the official record. This may be achieved through information on
the application, written materials submitted by the applicant, the staff
report, or minutes. Findings shall be made by the body which has the
authority to approve or deny the development application. These findings
relate to consistency with the Future Land Use Map, Concurrency,
Comprehensive Plan Consistency, and Compliance with the Land
Development Regulations.
P & Z Board Memorandum Staff Report
Madna Delray - Amendment to SAD Ordinance No. 31-95
Page 4
With the SAD approval of June 20, 1995, positive findings were made with
respect to the Future Land Use Map, Concurrency, Comprehensive Plan
Consistency, and Compliance with the Land Development Regulations,
This proposed amendment does not have any impacts on those findings. It is
noted, however, that since the SAD approval, the Fire Department (via Memo
dated May 7, 1996) has re-evaluated the proposal and determined that the
current fire hydrant spacing for this type of occupancy is acceptable until such
time the City upgrades or replaces the existing water main within Palm Trail and,
at which time a fire hydrant will be installed to meet the spacing requirements.
Thus, the improvement schedule outlined in the SAD ordinance must be
modified to eliminate the reference to the water main and fire hydrant
improvements.
JUSTIFICATION STATEMENT
A letter of request was submitted by Marina Delray owner, Pat Potak, to
amendment the SAD ordinance with regard to the schedule of improvements as
follows:
"....The previous consultant was dismissed and new consultants
(architect, engineer, landscape architect) had to be hired to redraw the
plans. These problems together with the fact that they all started during
the height of our Season, and during the construction of our apartment on
the second floor, we just found it impossible to meet with our scheduling,
as outlined above.
Please rest assured that we fully intend to meet all of the City's
specifications, and respectfully request an extension of time. We feel the
drawings that we have submitted incorporate the ordinance, and we will
go to contract with approved contractors and landscape companies within
seven days of the issuance of permits of said construction by the City of
Delray Beach.
The contractors that we have discussed the job with feel that the
demolition, reconstruction and resurfacing can be completed within 120
days of the Award of Contract, and the landscaping within 60 days of
award. We hope that this letter would encourage you to act expeditiously,
so that there will be no further delay in the ultimate beautification of the
Marina Delray facility."
Response: The basis for the request is that there have been delays in obtaining
final drawings as the original consultant was replaced. In the meantime, some
improvements have been installed which include: the swimming pool, second
P & Z Board Memorandum Staff Report
Marina Delray - Amendment to SAD Ordinance No. 31-95
Page 5
floor awning, building renovations to accommodate the second floor apartment,
and facade improvements (painting). These improvements are an enhancement
to the property. VVhile staff is supportive of the amendment to the improvement
schedule, 120 days (4 months) to complete the removal of pavement and
resurfacing seems excessive. In order to encourage the completion of the
improvements in a timely manner and prior to the season, staff proposes the
following improvement schedule:
gl That within 30 days from second reading of this Ordinance No. 31-95, permit
applications must be submitted to the Community Improvement Department
(Building) for the associated improvements (i.e. removal of excess paving,
installation of parking/landscaping, sidewalks, fencing and dumpster
enclosure); and,
gl That within 90 days from the issuance of the permits, installation of the
associated improvements (i.e. parking/landscaping, sidewalks, fencing and
dumpster enclosure) must be completed.
The rezoning is not in a geographic area requiring review by the'CRA
(Community Redevelopment Agency), DDA (Downtown Development Authority)
or the HPB (Historic Preservation Board).
Public and Courtesy Notices:
Formal public notice has been provided to property owners within a 500 foot
radius of the subject property. In addition, Courtesy notices were provided to the
following homeowner's and neighborhood associations:
r-I Beach Property Owners gl North Federal Highway Task Team
121 Seacrest Neighborhood gl Palm Trail Association
gl La Hacienda gl North Palm Trail Association
Letters of objection, if any, will be presented at the Planning and Zoning Board
meeting.
The proposal does not affect the findings previously made on June 20, 1995, to
re-establish the SAD, to accommodate the marina and its accessory uses. While
the applicant has experienced delays with completing the proposed
P & Z Board Memorandum Staff Report
Marina Delray - Amendment to SAD Ordinance No. 31-95
Page 6
improvements, staff has continued to work with the applicant to obtain
compliance. The proposed change to the improvement schedule will allow for
the continuation of the use and conditions of approval i.e. installation of
improvements, to be addressed. The schedule proposed by staff should help
prevent further delays with the installation of the improvements.
Recommend to the City Commission approval of the amendment to SAD No.
Ordinance 31-95 for Marina Delray based upon positive findings with the policies
of the Comprehensive Plan, and Chapter 3 of the Land Development
Regulations, to state the following in Section 4 of the Ordinance:
That within 30 days from second reading of this Ordinance No. 31-95, permit
applications must be submitted to the Community Improvement Department
(Building) for the associated improvements (i.e. removal of excess paving,
installation of parking/landscaping, sidewalks, fencing and dumpster
enclosure); and,
El That within 90 days from the issuance of the permits, installation of the
associated improvements (i.e. parking/landscaping, sidewalks, fencing and
dumpster enclosure) must be completed.
Attachments:
Location Map
Copy of Ordinance No. 31-95
LAKE AVENUE S.
BOND WAY
W1THERSPOON LANE ~
McKEE LN. 1~'
WA TER WA Y NOR TH CONDO
INLET
GEORGE BUSH BOULEVARD GEORGE
H CONDO
N.F'. 7TH ST. --'J
ACURA <:~ M.$.A. M.S.A. TRACT
OF ~_ TRACT
D£LRA Y
BEACH
N.E. 6TH ST.
N.E. 5TH __ ST.
WAL-
GREENS
BEACH ORIVE
PLANNING DEPARTMENT
CITY OF DELRA¥ BEACH. FL
--- DIGITAL ~4~c~'' .444,° SY~';r/'M' -- MAP REit: LM072
ORDINANCE NO. 31-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REESTABLISHING THE SAD
(SPECIAL ACTIVITIES DISTRICT) ZONING CLASSIFICATION
FOR A :PARCEL OF LAND LOCATED AT THE SOUTHEAST CORNER
OF GEORGE BUSH BOULEVARD AND PALM TRAIL KNOWN AS
MARINA DELRAY, AS MORE PARTICULARLY DESCRIBED HEREIN;
GRANTING SITE PLAN APPROVAL WITH CERTAIN CONDITIONS;
PROVIDING FOR AN IMPROVEMENT SCHEDULE FOR THE
INSTALLATION OF IMPROVEMENTS TO THE SITE; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE; AND AN
EFFECTIVE DATE.
WHEREAS,'on December 12, 1989, the City Commission approved
Ordinance No. 73-89 which established a Special Activities District
(SAD), subject to Conditions, for the property hereinafter described;
and
WHEREAS, the SAD conditions of approval pursuant to
Ordinance No. 73-89 were never addressed and site improvements were
not installed; and
WHEREAS, the Special Activities District (SAD) was never
established and expired as of June 12, 1991; and
WHEREAS, on April 7, 1995, an application to reestablish the
SAD (Special Activities District), including an attendant site plan to
accommodate a marina and accessory uses, was submitted for review and
consideration;
WHEREAS, pursuant to LDR Section 2.4.5(D), the Planning and
Zoning Board reviewed the subject matter at public hearing on May 15,
1995, and voted 6 to 0 to recommend that the request be approved,
subject to conditions; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is. consistent with and furthers the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the
City of Delray Beach, Florida, is hereby zoned and reestablished in
the SAD (Special Activities District) as defined in Section 4.4.25 of
the Land Development Regulations of the City of Delray Beach, to-wit:
Ail of a tract of land, less the South 250 feet
thereof, situate, lying and being in Section 9,
Township 46 South, Range 43 East, Palm Beach County,
Florida, and more particularly described as follows:
From the Quarter Section corner of the South boundary
of Section 9, Township 46 South, Range 43 East, run
North 0 degrees 13' 20" East, a distance of 1,746.55
feet along the Quarter Section line to a point on the
North boundary of Lot 6, Model Land Company's Plat of
said Section 9, as recorded in Plat Book 8 at Page 40
in the Public Records of Palm Beach County, Florida;
thence easterly at an angle measured from North to
East 89 degrees 23', a distance of 591.06 feet to a
point; thence in a southerly direction at an angle
measured from East to South of 96 degrees 24' 24" for
a distance of 33.21 feet to the point of beginning of
this description; thence from the point of beginning
run in a southerly direction at an angle of 175
degrees 06' 03", measured from North to East to South
a distance of 465.73 feet along the East line of Palm
Trail to a point in the South boundary line of said
Lot 6; thence in an Easterly direction at an angle of
88 degrees 30' 13" measured from North to East, along
the Southern boundary of said Lot 6 a distance of
201.52 feet to a point of intersection with the West
right-of-way line of the Intracoastal Waterway;
thence in a Northerly direction at an angle of 98
degrees 07' 01", measured from West to North along
said right-of-way line a distance of 470.42 feet;
thence in a Westerly direction at an angle of 81
degrees 52' 19" measured from South to West a
distance of 255.58 feet to the point of beginning.
The subject property is located at the southeast
corner of George Bush Boulevard and Palm Trail;
containing 1.14 acres, more or less.
Section 2. That the uses allowed for the subject property
described in Section 1, above, pursuant to Section 4.4.25(B) of the
Land Development Regulations of the City of Delray Beach, Florida,
shall be as follows:
* Full Service Marina, excluding restaurants
* In/out dry storage
* Sale of fuel for boats only
* Small marine engine repair and sales
- 2 - Ord. No. 31-95
* Sale of bait, beverages and miscellaneous
convenience items
* In water dock rental
* Charter boat rentals
* New and used boat sales
* Fabrication of boat tops and canvas w~rk
(restricted only to storage and dockage clients)
* Marine towing services
* One residential dwelling unit, to be occupied by
the property owner, business owner, proprietor
or employee with a garage and swimming pool as
an accessory use to the residence
Section 3. That the development of and improvements to the
subject property described in Section 1, above, shall be in accordance
with the site plan and attendant conditions as recommended for
approval by the Planning and Zoning Board on May 15, 1995, and as
approved by the City Commission on the date that this ordinance is
passed and adopted on second and final reading.
Section 4. That the development of and improvements to the
subject property described in Section 1, above, shall be in accordance
with the following improvement schedule:
* That within forty-five (45) days from second
reading of this Ordinance No. 31-95, Site Plan
Review and Appearance Board (SPRAB) approval
must be obtained for the proposed landscaping;
* That within thirty (30) days from the SPRAB
appro%al, permit applications must be submitted
to the Community Improvement Department
(Building) for the associated improvements (i.e.
parking/landscaping, water main and fire
hydrant); and
* That within ninety (90) days froml the issuance
of a building permit, installation of the
associated parking/landscaping, water main and
fire hydrant must be completed.
Section 5. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
- 3 - Ord. No. 31-95
~fJJkg~_~ 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 pa~t declared t~ be invalid.
~ That this ordinance shall become effective on
August 1, 1995.
PASSED AND ADOPTED in regular session on second and final
reading on this the 20th day of June, 1995.
ATTEST:
First Reading June 6, 1995
Second Reading June 20, 1995
- 4 - Ord. No. 31-95
ST.
GEORGE
~:~s
SEA