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23-95 ORDINANCE NO. 23-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER EIGHT, "SPECIAL IMPLEMENTATION PROGRAMS" SECTION 8.2.1, "THE DOWNTOWN DEVELOPMENT A~THORITY (DDA)" SUBSECTION 8.2.1(A), "CREATION", TO CORRECT SCRIVENER'S ERROR IN THE EFFECTIVE DATE OF THE ACT; AMENDING SECTION 8.2.2(B), "DOWNTOWN AREA DESCRIPTION" TO PROVIDE REVISED DESCRIPTIONS OF THE ORIGINAL AN~ EXPANDED BOUNDARIES OF THE DOWNTOWN DEVELOPMENT AUTHORITY AREA; ENACTING AN APPENDIX "B" TO THE LAND DEVELOPMENT REGULATIONS TO PROVIDE GENERAL DESCRIPTIONS OF THE ORIGINAL AND EXPANDED AREAS OF THE DOWNTOWN DEVELOPMENT AUTHORITY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of April 17, 1995, and has forwarded the change with a recommendation of approval by unanimous vote; 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 Chapter Eight "Special Implementation Programs", Section 8.2.1, "The Downtown Development Authority", Subsection 8.2.1(A), "Creation" of the Land Development Regulations of the City of Delray Beach Florida, be, and the same is hereby amended to read as follows: (A) Creation: Due to conditions in the downtown area of Delray Beach, the City Commission by Resolution 9-71, petitioned the State of Florida for establishment of a Downtown Development Authority. An Act to that effect became law on ~¢~ May 22, Section 2, That Chapter Eight, "Special Implementation · Programs", Section 8.2.2, "Provisions of the Act", Subsection 8.2.2(B), "Downtown Area Description", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby repealed in its entirety, and a new Subsection 8.2.2(B), "Downtown Area Description", is hereby enacted to read as follows: (B) DQwntown Ar~ D~scription: The original boundary of the Downtown Development Authority as established by Section 3, Chapter 71-604 Laws of Florida 1971, effective May 22, 1971, and the expanded boundary of the Downtown Development Authority as established by Chapter 94-476 Laws of Florida 1994, effective May 13, 1994, are depicted in Section 8.2.2(B)(1), "Map of the Downtown Development Authority Area", and are generally described within Appendix B of the Land Development Regulations. (1) Map of the Downtown Developmen Authority Area: (Map exhibit attached to be inserted) Section 3. That the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting an Appendix "B", "Downtown Development Authority Area Descriptions", to read as follows: A P P E N D I X "B" DOWNTOWN DEVELOPMENT AUTHORITY AREA DESCRIPTIONS The descriptions contained in Appendix B have been compiled and are to be used pursuant to Section 8.2.2(8). GENERAL DESCRIPTION: (1) The original boundaries of the Downtown Development Authority as established by Section 3, Chapter 71-604, Laws of Florida 1971, effective May 22, 1971, are generally described as follows: Commencing at a point where Northeast let Street intersects with the Intracoastal Waterway, run - 2 - Ord. No. 23-95 west along Northeast 1st Street to Swinton Avenue, then south along Swinton Avenue to the intersection of Swinton Avenue with the east-west alley south of Atlantic Avenue in Block 69 (as in Plat Book 2, Page 43) and Block 77 (as in Plat Book 1, Page 3), then east along the alley to the intersection with the north-south alley in'Block 77, then south along that alley to Southeast 1st Street, then east along Southeast 1st Street to the intersection with the north-south alley in Block 117 (as in Plat Book 1, Page 3), east of Southeast 6th Avenue, then north along the alley in Block 117 to the northwest corner of Lot 18, Block 117, then east along the south line of Lot 17 of Block 117 and the south line of Lots 10, 45, 57 and 92 of Palm Square, an unrecorded plat located in Block 125 and the North Half of Blo~ 133 as in Plat Book 1, Page 3), to the Intracoastal Waterway, then north along the Intracoastal Waterway to the Point of Beginning. (2) The expanded boundaries of the Downtown Development Authority as established by Chapter 94-476, Laws of Florida 1994, effective May 13, 1994, are generally described as follows: Begin at a point on the intersection of the high water mark of the Atlantic Ocean and the easterly projection of the north line of the south half of Lot 13, as in Plat of the Fractional East Half Section 16, in Plat Book 1, Page 25, then westerly to the intersection of Andrews Avenue; then southerly to the south property line of the Beach Cabanas Condominium; then westerly along said south Property line to the west property line of the Beach Cabanas Condominium; then northerly to the south property line of the Grove Condominium; then westerly along said south line to the east plat limit of Seabreeze Park Subdivision as in Plat Book 4, Page 31; then north to the north property line of Lot 21, Seabreeze Park; then west along said property line to the west plat limit of Seabreeze Park; then southerly to the south property line of Lot 29, Lowry Park Estates as in Plat Book 24, Page 156; then - 3 - Ord. No. 23-95 northwesterly along the south line of Lot 29, to the intersection of East Road; then south along East Road to the northeast corner of Barr Terrace Condo; then southerly along the east property line of Barr Terrace Condo to the intersection of East Atlantic Avenue; then west along East Atlantic Avenue to the intersection of the Intracoastal Waterway; then north along the Intracoastal Waterway to the intersection of N.E. 1st Street; then west along N.E. 1st Street to the north-south alley within Block 115; then north along the north-south alley within Blocks 115, 114 and 113 to the intersection of N.E. 4th Street; then west along N.E. 4th Street to the intersection of N.E. 1st Avenue; then run south along N.E. 1st Avenue to a point where N.E. 1st Avenue intersects N.E. 3rd Street; then run east to the north-south alley within Block 74; the~ run south along the alley within Blocks 74 and 75 to the south property line of Lot 6, Block 75; then run west along said south property line to N.E. 1st Avenue; then run south along N.E. 1st Avenue to a point where N.E. 1st Avenue intersects N.E. 1st Street; then run west along N.E. 1st Street to a point where N.E. 1st Street intersects Swinton Avenue; then run south along Swinton Avenue to the east-west alley lying within Block 69; then run east along the alley to the intersection with S.E. 1st Avenue; then run south along S.E. 1st Avenue to the intersection of S.E. 2nd Street; then run east along S.E. 2nd Street to the north-south alley within Block 103; then run south along the alley to $.E. 3rd Street; then run east along S.E. 3rd Street to the north-south alley within Block 119; then run north along the alley within Blocks 119, 118 and 117 to the south property line of Lot 18, Block 117; then continue east along the south property line of Lots 12, 43, 59 and 90 as in the unrecorded Plat of Palm Square; then continue east to the east line of the Intracoastal Waterway; then south to the south line of the Waterway East Commercial Condo; then continue easterly to a point at the southeast corner of Lot A, John B. Reid's Village Subdivision, Plat Book 21, Page 95; then northerly along the west line of Lot 7, Block C, - 4 - Ord. No. 23-95 John B. Reid's Village Subdivision to the northwest corner of said Lot 7; then easterly along the north line of Lot 7 to the northeast corner of said Lot 7; then southerly along the east line of said Lot 7 to the southeast corner of Lot 7; then easterly to the southeast corner of Lot 8, Block 4, Ocean Park Subdivision as in Plat Book 5, Page 15; then northerly along the east line of Lots 8, 7 and 6 to the northeast corner of Lot 6, all in Block 4, Ocean Park Subdivision; then easterly to a point being the southeast corner of Lot 8, Block 3, Ocean Park Subdivision; then northerly along the east line of Lots 8 and 7 to the northwest corner of Lot 24, Block 3 of said Ocean Park Subdivision; then easterly along the north line of said Lot 24, to the northwest corner of Lot 7, Block 2, Ocean Park Subdivision; then easterly along the nort~ line of said Lot 7 to the northwest corner of Lot 16, Block 1 of Ocean Park Subdivision; then easterly to a point at the northeast corner of Lot 2, Block 1, Ocean Park Subdivision; then easterly to the mean high water line of the Atlantic Ocean; then northerly along said high water line to the point of beginning. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. S~ion 5, 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 6, 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 16th day of May.--T--~ , 1995. ~ity Cl~rk ' First Reading May 2, 1995 Second Reading May 16, 1995 - 5 - Ord. No. 23-95 N DOWNTOWN DEVELOPMENT AUTHORITY AREA ~ EXPANDED D.D.A. AREA F7777] CITY 0¢ D£LnAY BrAC~4. FL ORIGIIN&~L D.D.A. AREA MEMOR_~NDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~/~iTY MANAGER / SUBJECT: AGENDA ITEM # ~O. ~.- MEETING OF MAY 16, 1995 ORDINANCE NO. 23-95 DATE: MAY 12, 1995 This is second reading of Ordinance No. 23-95 amending Land Development Regulations Sections 8.2.1(A) Creation of the Down- town Development Authority, and 8.2.2(B) Downtown Area Descrip- tion, to provide revised descriptions of the original and expanded boundaries of the DDA area and to correct a reference regarding the date the Act establishing the DDA became effective. Section 8.2.2 of the LDRs provides the legal description of the original DDA area. An expansion of the boundaries was approved by a referendum election on April 27, 1993, and made to corres- pond to the Central Business District. However, the legal description which accompanied the House Bill enacting the expanded area omitted certain areas. Subsequently, a revised House Bill adopting the corrected legal description was approved and became effective on May 13, 1994. This amendment proposes to replace the legal description of the original DDA area and to depict the boundaries of both the original and expanded DDA area on a location map exhibit within Section 8.2.2(B). Also, an abbreviated general description of both the original and expanded boundaries will be provided within the Appendix of the Land Development Regulations. The Planning and Zoning Board formally reviewed this item at its meeting of April 17, 1995, and voted unanimously to recommend approval of the proposed amendment to LDR Sections 8.2.1(A) and 8.2.2(B) correcting the effective date of the Act establishing the DDA and providing revised descriptions of the original and expanded boundaries of the DDA area. Recommend approval of Ordinance 23-95 on second and final reading. CITY COMMISSION DOCUMENTATION DAV~ID T. HARDE4~, CITY MANAGER FROM: JASMIN ALLEN, PLANNER SUBJECT: MEETING OF MAY 2, 1995 AMENDMENT TO LDR SECTIONS 8.2.1 (A) AND SECTION 8.2.2 (B) REGARDING REVISED DESCRIPTIONS OF THE ORIGINAL AND EXPANDED BOUNDARIES OF THE DOWNTOWN DEVELOPMENT AUTHORITY AREA. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of an amendment to the LDRs, to provide revised descriptions of the original and expanded boundaries of the Downtown Development Authority Area, and to correct a reference regarding the date the Act establishing the Downtown Development Authority became effective. The affected LDR sections are 8.2.1(A), The Downtown Development Authority, Creation and 8.2.2(B) Downtown Area Description. BACKGROUND Section 8.2.2 of the LDRs provide~the legal description of the original Downtown Development Authority (DDA) area. An expansion of the DDA boundaries was approved by a referendum election on April 27, 1993. The expanded boundary was to correspond to the Central Business District, however the legal description which accompanied the House Bill enacting the expanded area omitted certain areas. Subsequently, a revised House Bill adopting the corrected legal description was approved and became effective on May 13, 1994. It is appropriate to reference the new boundary within the LDRs, as the application of certain development requirements differentiates between the original DDA area and the remainder of the Central Business District. City Commission Documentation Amendment to LDR Sections 8.2.1(A) and 8.2.2(B) Downtown Development Authority Page 2 PROPOSED LDR TEXT AMENDMENT The amendment proposes to replace the legal description of the original DDA area and to depict the boundaries of both the original and expanded DDA area on a location map exhibit within Section 8.2.2(B). Also an abbreviated general description of both the original and expanded boundaries will be provided within the Appendix of the Land Development Regulations. PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board formally reviewed this item at its meeting of April 17, 1995. There was no public comment on the amendment. The Board voted unanimously to recommend approval of the amendment. RECOMMENDED ACTION: By motion, approve on first reading the proposed amendment to LDR Sections 8.2.1(A) and 8.2.2(B) correcting the effective date of the Act establishing the DDA and providing revised descriptions of the original and expanded boundaries of the DDA area. Attachments: * P&Z Staff Report and Documentation of April 17, 1995 * Ordinance by Others PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: APRIL 17, 1995 AGENDA ITEM: V.K. AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 8.2.1(A) AND SECTION 8.2.2(B) TO PROVIDE REVISED DESCRIPTIONS OF THE ORIGINAL AND EXPANDED BOUNDARIES OF THE DOWNTOWN DEVELOPMENT AUTHORITY AREA. ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission regarding a LDR text amendment to Section 8.2.1 (A), Creation of the Downtown Development Authority and Section 8.2.2 (B), Downtown Area Description, to provide revised descriptions of the original and expanded boundaries of the Downtown Development Authority Area. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND: By Resolution 9-71, the City Commission petitioned the State of Florida for establishment of a Downtown Development Authority (DDA) which became effective on May 22, 1971. Section 8.2 of the Land Development Regulations, "The Downtown Development Authority" provides a description of the Downtown Development Authority Area. This description correlates to the boundaries as originally established in 1971. The state legislature adopted Chapter 91-385, Laws of Florida (HB 1553), which was subsequently amended by Chapter 92-263, Laws of Florida (HB 1631) permitting the expansion of the DDA area upon fulfillment of certain conditions, one of which required that a referendum election regarding such expansion be held. The referendum election held on April 27, 1993, passed. The new boundary was to correspond to the Central Business District, however the legal description which accompanied the House Bill omitted certain areas. Since the authority to expand the DDA boundaries required action by the state legislature, a new bill adopting the corrected legal description of the Downtown Development Authority Area became effective on May 13, 1994. V.K. Planning and Zoning Board Memorandum Staff Report LDR Text Amendment - Downtown Development Authority Area Page 2 ANALYSIS Since the boundaries of the Downtown Development Authority Area have changed it is appropriate to reference the new boundary within the LDRs under Section 8.2.2. Further the application of certain development requirements differentiates between the original DDA area and the remainder of the Central Business District, thus descriptions of both areas need to be incorporated within the LDRS. The legal descriptions of the original and expanded areas are very lengthy and are impractical for use as a reference by laypersons. Rather than provide a written description of the expanded area, both the original boundaries and the expanded boundaries of the Downtown Development Authority Area will be depicted as a location map exhibit within Section 8.2.2. Abbreviated legal descriptions of the areas will be included within the appendix of the LDRs. During the review of the House Bill which enacted the original Downtown Development Authority Area, it was noted that the Act to that effect became law on May 22, 1971. Section 8.2.1(A) incorrectly cites the approval date of the House Bill (March 22, 1971). As a technical matter and to be consistent with references elsewhere within the code, the date of May 22, 1971 should be used. RECOMMENDED ACTION: By motion, recommend that the City Commission approve the proposed amendments as follows: * That LDR Section 8.2.1(A) be amended to state the following: (A) Creation: Due to conditions in the downtown area of Delray Beach, the City Commission by Resolution 9-71, petitioned the State of Florida for establishment of a Downtown Development Authority. An Act to that effect became law on M~ Z~ ~ May 22, 1971. * That LDR Section 8.2.2(B) be amended to state the following: (B) The oriqinal boundary of the Downtown Development Authority as established by Section 3~ Chapter 71-604 Laws of Florida 1971~ effective May 22~ 1971~ and the expanded boundary of the Downtown Development Authority as established by Chapter 94-476 Laws of Florida 1994, effective May 13, 1994 are depicted in Planning and Zoning Board Memorandum Staff Report LDR Text Amendment - Downtown Development Authority Area Page 3 Section 8.2.2 (B)(1) Map of the Downtown Development Authority Area~ and are generally described within Appendix B of the Land Development Requlations. Attachments: * Proposed Ordinance * Location Map of the Downtown Development Authority Area. Report prepared by: Jasmin Allen PROPOSED ORDINANCE Section 8.2.1 (A) Creation: Due to conditions in the downtown area of Delray Beach, the City Commission by Resolution 9-71, petitioned the State of Florida for establishment of a Downtown Development Authority. An Act to that effect became law on ~ Z2~ I97~ May 22, 1971. Section 8.2.2(B) Downtown Area Description: (B) The oriqinal boundary of the Downtown Development Authority as established by Section 3, Chapter 71-604 Laws of Florida 1971~ effective May 22~ 1971~ and the expanded boundary of the Downtown Development Authority as established by Chapter 94-476 Laws of Florida 1994~ effective May 13, 1994, are depicted in Section 8.2.2(B)(1) Map of the Downtown Development Authority Area~ and are generally described within Appendix B of the Land Development Requlations. Map of the Downtown Development Authority Area: *** Map Exhibit *** MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # 7~'D. - MEETING OF MAY 2, 1995 ORDINANCE NO. 23-95 DATE: APRIL 28, 1995 This is first reading of Ordinance No. 23-95 amending Land Development Regulations Sections 8.2.1(A) Creation of the Down- town Development Authority, and 8.2.2(B) Downtown Area Descrip- tion, to provide revised descriptions of the original and expanded boundaries of the DDA area and to correct a reference regarding the date the Act establishing the DDA became effective. Section 8.2.2 of the LDRs provides the legal description of the original DDA area. An expansion of the boundaries was approved by a referendum election on April 27, 1993, and made to corres- pond to the Central Business District. However, the legal description which accompanied the House Bill enacting the expanded area omitted certain areas. Subsequently, a revised House Bill adopting the corrected legal description was approved and became effective on May 13, 1994. This amendment proposes to replace the legal description of the original DDA area and to depict the boundaries of both the original and expanded DDA area on a location map exhibit within Section 8.2.2(B). Also, an abbreviated general description of both the original and expanded boundaries will be provided within the Appendix of the Land Development Regulations. The Planning and Zoning Board formally reviewed this item at its meeting of April 17, 1995, and voted unanimously to recommend approval of the proposed amendment to LDR Sections 8.2.1(A) and 8.2.2(B) correcting the effective date of the Act establishing the DDA and providing revised descriptions of the original and expanded boundaries of the DDA area. Recommend approval of Ordinance 23-95 on first reading. If passed, public hearing on May 16, 1995.