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63-95 ORDINANCE NO. 63-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION IN THE COMPREHENSIVE PLAN FOR THE LAKEVIEW GOLF COURSE MAINTENANCE BUILDING SITE, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM LOW DENSITY RESIDENTIAL 0-5 DWELLING UNITS PER ACRE TO RECREATION AND OPEN SPACE; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE MAP AMENDMENTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is designated on the Future Land Use Map (FLUM) in the Comprehensive Plan for the City of Delray Beach, Florida, as Low Density Residential 0-5 du/acre; and WHEREAS, on October 16, 1995, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this matter at public hearing and voted 6 to 0 to recommend that the FLUM designation be changed from Low Density Residential 0-5 du/acre to Recreation and Open Space; and WHEREAS, it is appropriate that the Future Land Use Map in the Comprehensive Plan be amended to reflect the FLUM designation of Recreation and Open Space. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section ~. That the legal description of the subject property is as follows: The North 199 feet of the South 1,476 feet of the West 150 feet of the East 230 feet of the Southeast Quarter (SE 1/4) of Section 24, Township 46 South, Range 42 East, Palm Beach County, Florida. The subject property is known as the Lakeview Golf Course Maintenance Building site and is located on the west side of Dover Road, approximately 200 feet north of Wedgewood Road; containing 0.69 acres, more or less. ~ That the Future Land Use Map designation for the subject property in the Comprehensive Plan is hereby changed from Low Density Residential 0-5 du/acre to Recreation and Open Space. ~ugS~L~--~9_~ That the City of Delray Beach elects to make this 'small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)4. ~ That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. ~ 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. ~ That this ordinance shall become effective thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Committee, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of .which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the 7th day of November , 1995. ATTEST: City ~l~k ; First Reading October 24, 1995 Second Reading November 7, 1995 - 2 - Ord. No. 63-95 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~ /0 ~~- MEETING OF NOVEMBER 7. 1995 SECOND READING/PUBLIC HEARING FOR QRDINANQE NO. 63-95 (SMALL SCALE FLUM AMENDMENT FOR THE LAKEVIEW GOLF QOURSE MAINTENANCE BUILDING SITE) DATE: OCTOBER 30, 1995 This is second reading and public hearing for Ordinance No. 63-95 which changes the Future Land Use Map (FLUM) designation for the maintenance building site at Lakeview Golf Course from Low Density Residential 0-5 du/acre to Recreation and Open Space. The property comprises 0.69 acres of the overall 42 acre Lakeview Golf Course. The balance of the golf course has a Recreation and Open Space land use designation. The purpose of this amendment is to have the FLUM designation for the maintenance building site be consistent with the rest of the City-owned golf course. The Planning and Zoning Board considered this matter at public hearing on October 16, 1995, and voted 6 to 0 to recommend that the amendment be approved. At first reading on October 24, 1995, the Commission passed the ordinance by a vote of 5 to 0. Recommend approval of Ordinance No. 63-95 on second and final reading. ref:agmemol2 MEMQRANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # I~ ~ - MEETING OF OCTOBER 24. 1995 FIRST BEADIN~ FOR ORDINANCE NO. 69-95 (SMALL SQALE FLU~ AMENDMENT FOR THE LAKEVIEW GOLF COURSE MAINTENANCE BUILDING SITE) DATE: OCTOBER 20, 1995 This is first reading for Ordinance No. 63-95 which changes the Future Land Use Map (FLUM) designation for the maintenance building site at Lakeview Golf Course from Low Density Residential 0-5 du/acre to Recreation and Open Space. The property comprises 0.69 acres of the overall 42 acre Lakeview Golf Course. The balance of the golf course has a Recreation and Open Space land use designation. The purpose of this amendment is to have the FLUM designation for the maintenance building site be consistent with the rest of the City-owned golf course. The Planning and Zoning Board considered this matter at public hearing on October 16, 1995, and voted 6 to 0 to recommend that the amendment be approved. Recommend approval of Ordinance No. 63-95 on first reading. If passed, a public hearing will be held on November 7, 1995. 5-0 ref:agmemol2 CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER THRU: D~NE DOMING'U'EZ, DIRF::(.C~OR~ ~IND ZONING FROM: ~,,1~' A. COSTELLO /~ENIGrR PLANNER SUBJECT: MEETING OF OCTOBER 24, 1995 SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM LOW DENSITY RESIDENTIAL 0-5 DU/ACRE TO RECREATION AND OPEN SPACE FOR THE LAKEVlEW GOLF COURSE MAINTENANCE BUILDING SITE. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance changing the Future Land Use Map designation for the Lakeview Golf Course maintenance building site (0.69 acres) from Low Density Residential 0-5 du/acre to Recreation and Open Space. The subject property is located on the west side of Dover Road, approximately 200 feet north of Wedgewood Road. BACKGROUND: On August 2, 1995, the City of Delray Beach purchased the Lakeview Golf Course and associated facilities. The City is currently processing a rezoning of the 42-acre golf course property from R-l-AA and R-1-AAA-B (Single Family Residential) to OSR (Open Space and Recreation) concurrently with the FLUM amendment. The golf course has a Future Land Use Map designation of Recreation and Open Space, however, a portion of the property which contains the golf course maintenance building (0.69 acres) has a land use designation of Low Density Residential 0-5 du/acre. While the OSR zone district is not inconsistent with the underlying Low Density land use designation, it is City Commission Documentation Meeting of October 24, 1995 First Reading of an Ordinance - Small-Scale Land Use Map Amendment from Low Density Residential 0-5 du/acre to Recreation and Open Space for the Lakeview Golf Course Maintenance Building Site Page 2 appropriate to change the land use designation to Recreation and Open Space to be consistent with the balance of the City-owned golf course. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of October 16, 1995, the Planning and Zoning Board held a public hearing in conjunction with review of the FLUM amendment. There was no public testimony in opposition to the request. The Board voted 6-0 to recommend that the amendment be approved. RECOMMENDED ACTION: By motion, approve on first reading the ordinance changing the Future Land Use Map designation for the Lakeview Golf Course Maintenance Building site from Low Density Residential 0-5 du/acre to Recreation and Open Space, and setting a public hearing date of November 7, 1995. Attachments: [] P & Z Staff Report and Documentation of October 16, 1995 [] Ordinance by Others S:FLULAKEV. DOC PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: October 16, 1995 AGENDA ITEM: V.B ITEM: Future Land Use Map Amendment from Low Density Residential 0- 5 du/acre to Recreation and Open Space for the La.,~eview Golf Course maintenance building site, located on the west side of Dover Road, approximately 200 feet north of Wedgewood Boulevard. GENERAL DATA: Owner ...................................................... City of Delray Beach Applicant/Agent ........................................ David T. Harden, City Manager Location ................................................... West side of Dover Road, approximately 200 feet north of Wedgewood Boulevard. Prope~y Size ........................................... 0.69 Acres Existing Future Land Use Map .................. Low Density Residential 0-5 du/acre Proposed Future Land Use Map ............... Recreation and Open Space Current Zoning ...................................... ~.. R-1-AAA-B (Single Family Residential) Proposed Zoning ...................................... OSR (Open Space and Recreation) Adjacent Zoning .............................. North: R-1-AAA-B East: RM (Medium Density Residential) ..., South: R-l-AA (Single Family Residential) West: R-1-AAA-B Existing Land Use ................................... Lakeview golf course maintenance building Proposed Land Use .................................. Same as existing Water Service .......................................... Existing on site Sewer Service .......................................... Existing on site The item before the Board is that of making a recommendation on a Small-Scale Future Land Use Map Amendment from Low Density Residential 0-5 du/acre to Recreation and Open Space. The proposed amendment comprises 0.69 acres of the overall 42 acre Lakeview Golf Course. The subject property is located on tee west side of Dover Road, approximately 200 feet north of Wedgewood Boulevard. On August 2, 1995, the City of Delray Beach purchased the Lakeview Golf Course and associated facilities. The City is currently processing a rezoning of the golf course property from R-l-AA and R-1-AAA-B (Single Family Residential) to OSR (Open Space and Recreation). The golf course has a Future Land Use Map designation of Recreation and Open Space, however, a portion of the property which contains the maintenance building has a land use designation of Low Density Residential 0-5 du/acre. While the OSR zone district is not inconsistent with the underlying Low Density land use designation, it is appropriate to change the land use designation to Recreation and Open Space to be consistent with the balance of the City-owned golf course. (For a complete history, please refer to the Rezoning Staff Report). The proposal is to change the land use designation of the 0.69 acre parcel from Low Density Residential 0-5 du/acre to Recreation and Open Space. The balance of the property has a Recreation and Open Space land use designation. The property contains a maintenance building associated with the golf course. A city initiated rezoning of the overall 42 acre Lakeview Golf Course from R~I-AA and R-I-AAA-B (Single Family Residential) to OSR (Open Space and Recreation) is being processed concurrently with the FLUM amendment and is discussed in a separate Staff Report. This Future Land Use Map Amendment is being processed as a Small-Scale Development pursuant to Florida Statues 163.3187. This statute states that any local government comprehensive land use plan amendments directly related to proposed small scale development activities may be approved without regard to P & Z Board Staff Report Future Land Use Map Amendment from Low Density Residential 0-5 du/acre to Recreation and Open Space for a portion of Lakeview Golf Course Page 2 statutory limits on the frequency of consideration of amendment (twice a year), subject to the following conditions: El The amendment does not exceed either 10 acres of nonresidential land or 10 acres of residential land with a density of 10 units per acre or less; El The cumulative effect of the amendments processed under this section shall not exceed 60 acres annually; and, El The proposed amendment does not involve the' same property owner's property, within a 200 feet of property granted a change within a period of 12 months. The land use map amendment involves a 0.69 acre area, thus the total area is less than the 10 acre maximum. The maximum density allowed under the existing Iow Density Residential designation is 5 dwelling units per acre, while the proposed Recreation and Open Space designation does not allow residential uses and is applied to public recreation areas. Thus, the proposal involves a nonresidential land use which will result in a decrease of potential density. The amendment to Recreation and Open Space is being processed concurrently with a rezoning request to OSR (Open Space and Recreation) to accommodate the existing golf course use and to create consistency between the zoning and land use designations. This amendment along with other small scale amendments processed this year will not exceed 60 acres. This property has not previously been considered for a land use amendment nor have any of the same property owner's properties'been granted a land use change within 200 feet or within the last year. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no.. applicable objectives and policies were found. Land Use Analysis: Pursuant to Land Development Regulations Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The proposed Recreation and Open Space land use designation, which is consistent with the balance of the property, will allow the following zoning P & Z Board Staff Report Future Land Use Map Amendment from Low Density Residential 0-5 du/acre to Recreation and Open Space for a portion of Lakeview Golf Course Page 3 classifications: OSR (Open Space and Recreation), OS (Open Space), and CF (Community Facilities). In conjunction with the Future Land Use Map amendment, a rezoning from R-l-AA and R-1-AA-B (Single Family Residential) to OSR (Open Space and Recreation) is being processing to accommodate the existing public golf course use and to create consistency between the zoning and land use designations. '" Adjacent Zoning Designations & Land Uses: North and west of the subject property is zoned R-1-AAA-B (Single Family Residential); south is zoned R-l-AA (Single Family Residential); and east, across Dover Road and the canal, is zoned RM (Medium Density Residential). The existing land uses to the north, 'south and west are single family homes (Lakeview, Sherwood Park and Lakeview Phase II subdivisions) and to the east are condominium developments (Imperial Villas and Pines of Delray West). Compatibility with the adjacent single family residences is not a major concern. The existing golf course and the adjacent residences have co-existed for many years. The proposed land use plan amendment is consistent with the underlying land use designation of the balance of the golf course and is much less intense than what is currently permitted. Concurrency: Facilities which are provided by, or through, the City shall be provided to new Pursuant to Section 3.1.1(B), Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements. In the preparation of the Delray Beach Comprehensive Plan, the land use designations throughou! the entire planning and service area were considered in the overall land use pattern, assessment of level of service, the provision of services, and meeting remaining land use needs. As the FLUM amendment does not involve changing the existing use of the property, concurrency findings are not necessary. However, it is noted that the FLUM amendment to Recreation and Open Space will result in a maximum development potential which is less intense than that which could be developed under the current residential zoning classification. P & Z Board Staff Report Future Land Use Map Amendment from Low Density Residential 0-5 du/acre to Recreation and Open Space for a portion of Lakeview Oolf Course Page 4 The FLUM amendment is not in a geographic aroa requiring review by the CRA (Community Redevelopment Agency), the 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' radius of the subject property. Special notices were provided to the following homeowner's associations and citizen's groups: [] Andover [] Lakeview Greens [] Crosswinds El Oakmont El DeI-Airo El Pines of Delray El Foxe Chase [] Pines of Delray East IZi Imperial Villas [] Shadywoods Q Lakeview [] Sherwood Park ~ Spanish Wells [] PROD (Progressive Residents of Delray) I~! United Property Owners Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. The Future Land Use Map Amendment from Low Density Residential 0-5 du/acre to Recreation and Open Space is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The adjacent residences are predominantly single family in nature. The proposed land use plan amendment is consistent with the current use of the property as well as the land use designation for the balance of the golf course. A. Continue with direction. B. Recommend approval of the Future Land Use Map Amendment from Low Density Residential 0-5 du/acre to Recreation and Open based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations and policies of the Comprehensive Plan. P & Z Board Staff Report Future Land Use Map Amendment from Low Density Residential 0-5 du/acre to Recreation and Open Space for a portion of Lakeview Golf Course Page 5 C. Recommend denial of the Future Land Use Map Amendment from Low Density Residential 0-5 du/acre to Recreation and Open Space with the basis stated. Recommend to the City Commission approval of the Small Scale Future Land Use Map Amendment from Low Density Residential 0-5 du/acre to Recreation and Open Space based upon positive findings with. respect to Chapter 3 (Performance Standards) of the Land Development Regulations and policies of the Comprehensive Plan. Attachment: E] Location Map This Staff Report prepared by: Jeff Costello, Senior Planner U:FLULAKEV. DOC CITY OF OBRAY BEACH, FLORIOA NOTICE OF LANO USE CHANGE ' The City CommiSsion of the City of Delray Beachl Florida, will consider a proposed change to the Futura Land Use Map for a 0.69 acre parcel of land known as the Lakeview Golf Course Maintenance Building site, located on the west side of Dover Road, approximately 200 feet north of Wedgewood Rd. The proposal involves a Land Use Map Designation change FROM Low Density Residential 0-5 dwelling units per acre TO Recreation and Open Space. The City Commission will conduct a Public Hearing on TUESDAY. NOVEMBER 7. 1995. at 7:00 P.M. (or at any continuation of such meet- ing which is set by the Commission), in the CommiSSion Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. At this meeting the City Commission intends to adopt this small scale amendment to the Future Land Use Map. The title of the enacting ordinance is as follows: ORDINANCE NO. 63-95 AN oRDINANCE OF THE CITY COMMISSION OF THE CITY OF DEL- RAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION IN THE COMPREHENSIVE PLAN FOR THE LAKE- VIEW GOLF COURSE MAINTENANCE BUILDING SITE, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM LOW DENSITY RESI- DENTIAL 0-5 DWELLING UNITS PER ACRE TO RECREATION AND OPEN SPACE; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE MAP AMENDMENTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. All interested citizens are invited to attend the public hearing and com- ment upon the proposed Land Us6 Map Amendment or submit their comments in writing on or before the date of this hearing to the Planning & Zoning Department. For further information or to obtain copies of the proposed amendment, please contact Jeff Costello at the Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, FL 33.~.~~. (Phone 407/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. 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 HEARING, SUCH PERSON WILL NEED A RECORD OF THESE PROCEEDINGS, AND FOR THIS PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO FS. 286.0105. CITY OF DELRAY BEACH Alison MacGregor Harty · City clerk PUBLISH: THE NEWS 'Octol~er 31, 1995 Boca Raton/Delray Beach Ad//721084 CITY OF DELRAY BEACH. FLORIDA NOTICE OF LAND USE CHANGE The City Commission of the City of Delray Beach, Florida, will consider a proposed change to the Future Land Use Map for a 0.69 acre parcel of land known as the Lakeview Golf Course Maintenance Building site, located on the west side of Dover Road, approximately 200 feet north of Wedgewood Road. The proposal involves a Land Use Map Designation change FROM Low Density Residential 0-5 dwelling units per acre TO Recreation and Open Space. The City Commission will conduct a Public Hearing on TUESDAY. NOVEMBER 7, 1995, AT 7:00 P.M, (or at any continuation of such meeting which is set by the Commission), in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. At this meeting the City Commission intends to adopt this small scale amendment to the Future Land Use Map. The title of the enacting ordinance is as follows: ORDINANCE NO. 63-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION IN THE COMPREHENSIVE PLAN FOR THE LAKEVIEW GOLF COURSE MAINTENANCE BUILDING SITE, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM LOW DENSITY RESIDENTIAL 0-5 DWELLING UNITS PER ACRE TO RECREATION AND OPEN SPACE; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE MAP AMENDMENTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. All interested citizens are invited to attend the public hearing and comment upon the proposed Land Use Map Amendment or submit their comments in writing on or before the date of this hearing to the Planning and Zoning Department. For further information or to obtain copies of the proposed amendment, please contact Jeff Costello at the Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone 407/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. 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 HEARING, SUCH PERSON WILL NEED A RECORD OF THESE PROCEEDINGS, AND FOR THIS PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105. PUBLISH: Delray Beach News CITY OF DELRAY BEACH October 31, 1995 Alison MacGregor Harty City Clerk I~structions to Newspaper: This ad is no~ to appear in the legal advertisement section of the newspaper. The ad must be at least two (2) oolumns wide by ten (10) inches long. The headline [CITY OF DELRAY'BEACH, FLORIDA NOTICE OF LAND USE CHANGE] must be an 18 point bold headline. Thank you. LEGAL VERIFICATION FORM FILE #: 95-120 PROJECT NAME: LAKEVlEW GOLF COURSE MAINTENENACE BUILDING FACILITY FLUM AMENDMENT LEGAL DESCRIPTION: THE NORTH 199 FEET OF THE SOUTH 1,476 FEET OF THE WEST 150 FEET OF THE EAST 230 FEET OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 24, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA. SOURCE of Legal Description: RECORDED PLAT AND PROPERTY APPRAISER RECORD VERIFIED BY:~~DATE: I~,~(~~ VERIFICATION REQUEST NEEDED BY: OCTOBER 20, 1995 LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO SECOND READING: VERIFIED BY: ~ DATE: ~'~ VERIFICATION REQUEST NEEDED BY: LEGLAKE1