Ord 42-99 ORDINANCE NO. 42-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTLY ZONED R-l-AA (SINGLE FAMILY
RESIDENTIAL) DISTRICT IN THE R-1-A (SINGLE
FAMILY RESIDENTIAL) DISTRICT; SAID LAND BEING
COMMONLY KNOWN AS THE HEGSTROM PROPERTY LOCATED
ON THE NORTH SIDE OF N.E. 22~D STREET,
APPROXIMATELY 450 FEET EAST OF SEACREST
BOULEVARD, 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 R-l-AA (Single Family Residential)
District; and
WHEREAS, at its meeting of October 11, 1999, 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 R-1-A (Single Family
Residential) District for the following described property:
The East 165 feet of the West 310 feet of the
South Half (S ~) of the Southeast Quarter (SE ~)
of the Northeast Quarter (NE ~) of the Southwest
Quarter (SW h) of the Southwest Quarter (SW h)
of Section 4, Township 46 South, Range 43 East,
Palm Beach County, Florida, LESS the South 25
feet thereof heretofore conveyed to the City of
Delray Beach, Florida, for street purposes;
AND
The South One-Half (S ~) of the Southeast
Quarter (SE h) of the Northeast Quarter (NE h)
of the Southwest .Quarter (SW h) of the Southwest
Quarter (SW h), LESS the West 310 feet and the
South 25 feet of Section 4, Township 46 South,
Range 43 East, Palm Beach County, Florida,
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 Official
Record Book 62, Page 592.
The subject property is located on the north
side of N.E. 22nd Street, approximately 450 feet
east of Seacrest Boulevard; containing 0.637
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 2nd day of November , 1999.
ATTEST:
~ity-Cl~rk
First Reading October 19, 1999
Second Reading November 2, 1999
- 3 - Ord. No. 42-99
FOOTBALL
FIELD
UNITY CHURCH
AND
EL EMEN TAR Y
SCHOOL
N w 22ND PINE RIDGE RD. N.E, 22ND ~ STR.
N.E. 21ST .ST.
DELRA Y
SWAP SHOP
N.E. 20'TH ST.
N [. 19TH
NW. 17T ST. .r', 1 TH T
i N.E. 17TH
i.,
-- N,W- 16TH ST.
N. . 15TH ST.
AVENUE N
CITY OF DELRAY BEACH. FL FROM: R-l-AA (SINGLE FAMILY RESIDENTIAL) TO: R-1-A (SINGLE FAMILY RESIDENTIAL)
PLANNING & ZONING D[PAR'~M£NT
-- DIGI~',,a,Z ~a.~E M.~P SY'~T~M -- MAP REF: LM189
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~bt
SUBJECT: AGENDA ITEM #/D,t9 - REGULAR MEETING OF NOVEMBER 2, 1999
ORDINANCE NO. 42-99 (HEGSTROM PROPERTY REZONING)
DATE: OCTOBER 27, 1999
This is second reading and a quasi-judicial pubhc hearing for OrdNance No. 42-99 which rezones a
parcel of land known as the Hegstrom property from R-I-AA (Single Family Residential) to R-1-A
(Single Family Residential) District. The subject property is located on the north side of N.E. 22"a
Street, approximately 450 feet east of Seacrest Boulevard, and contains 0.637 acres.
The site was annexed into the City in 1988 as part of Enclave 5. The subject property and an
additional parcel to the west were given a City zoning classification of RL (Multiple Family Residential
- Low Density). The property currently contains a single family home and a beauty shop. In
November, 1997, the City Commission denied a request to subdivide the property into two lots
because the owner's intent to construct two duplexes (4 units) was inconsistent with the existing
development pattern of primarily detached single family homes.
The Seacrest/Del-Ida Park Redevelopment Plan was adopted by the City Commission on March 3,
1998. The plan includes recommendations for revitalizing the neighborhood, including the rezoning
of all multiple family zones (including the subject property) to single family. These rezonmgs were
subsequently approved by the City Commission on October 20, 1998. Following the rezonmg of the
subject property from RL to R-I-AA, the owners fried a claim against the City under the Bert J.
Harris, Jr. Private Property Rights Protection Act alleging devaluation of their property. The City and
the property owners entered into a Setdement Agreement on August 16, 1999, whereby the City
agreed to rezone the property to R-1-A.
The Planning and Zonmg Board held a public heating on this item on October 11, 1999. Two area
residents expressed concerns. The Board voted 6 to 0 to recommend approval of the rezonmg. The
Community Redevelopment Agency reviewed the rezoning on October 14, 1999, and the CRA Board
also recommended approval. At first readmg on October 19th, the City Commission passed the
ordinance by unanimous vote.
Recommend approval of Ordinance No. 42-99 on second and fmal readmg, based upon positive
fmdmgs and the recommendation of the Planning and Zoning Board.
Ref:Agmemo21.0rd.42-99.Hegstrom Property Rezoning
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: October 11, 1999
AGENDA ITEM: II.E.
ITEM: Rezoning from R-l-AA (Single Family Residential) to R-1-A
(Single Family Residential) for a Parcel of Land Located on the
North Side of N.E. 22nd Street, Approximately 450' East of
Seacrest Boulevard (N.E. 2nd Avenue).
>' CHRISTIAN CULt STR[AI~
,~J
COURTS
Owner ..................................... William Hegstrom
~DDL
Applicant ................................. David T. Harden, City
Manager ~ ,-:
City of Delray Beach, Florida ~
Location .................................. North side of N.E. 22nd ¢°'~ -
Street, approximately 450'
east of Seacrest Boulevard
(N.E. 2nd Avenue) ..-_: ...... -: FIELD
Property Size .................. 0.637 Acre
Land Use Map Designation .... Low Density Residential (0-5 '
units/acre) ~ ~~t
Existing City Zoning ................ R-l-AA (Single Family ":'
Residential) I tll r-~ ! I j I I'1 i
Existing Land Use... Single family house and -I I ~,~'~,~ J
beauty salon ~- ~
Proposed Land Use ................ Rezoning the property to i , o
accommodate a change in
circumstance
Water Service ......................... Existing on site ' -,~_3 I I ' , I t' i~ ~;/
Sewer Service ......................... Existing on site L.I
The item before the Board is that of making a recommendation on a City initiated
rezoning from R-l-AA (Single Family Residential) to R-1-A (Single Family
Residential)
The subject property is located at 225 NE 22"d Street on the north side of the
street, approximately 450 feet east of Seacrest Boulevard.
The subject property was annexed into the City in 1988 as a part of Enclave #5. Prior
to annexation, it had a county zoning designation of RS-Single Family Residential. This
property and an additional parcel to the west were given a City zoning classification of
RL (Multiple Family Residential- Low Density). The stated reason for this designation
was to create a buffer between the existing commercial development to the west and
the single family area to the east. However, there was an inconsistency in this
rationale, since the adjacent commercial property is zoned neighborhood commercial
and that zone is used to accommodate limited retail and services uses in a manner
convenient to yet not disruptive of residential areas. Additionally, the neighborhood
commercial area directly abuts single family residential development to the south and
east.
in November 1997, the owner sought to subdivide the parcel into two lots. Although the
subdivision would have resulted in lot sizes that were compatible with other lots in the
area, the stated intent to construct duplexes was inconsistent with the existing
development pattern of primarily detached single family homes. Additionally, a
neighborhood plan was being prepared at the time which contained language to rezone
the multiple-family districts within the area to single family. The Seacrest Homeowner's
Association was opposed to the subdivision, since the proposed development of the
property as duplex units was counterproductive to this effort. The application was
denied by the City Commission on November 18, 1997.
The Seacrest/Del-lda Park Plan was adopted by the City Commission on March 3,
1998. The plan included recommendations for revitalizing the neighborhood, including
the rezoning of all multiple family zones to single family.
In accordance with recommendations set forth in the Plan, the City rezoned the multiple
family districts within the neighborhood, including the subject property to single-family
residential on October 20, 1998. Although R-l-AA was the prevailing single family
district within the neighborhood, most of the multiple family zones were rezoned to
R-1-A. This was because the larger lot size requirements of the R-l-AA district would
have made a large number of existing single family home lots non-conforming.
However, since the subject property and the adjacent property to the west were
significantly larger, they were zoned R-l-AA.
P & Z Staff Report
Hegstrom Property - Rezoning from R-l-AA to R-1-A
Page 2 -'- _..-
Following the rezoning of the property from RL to R-l-AA, the owners of the property
filed a claim against the City under the Bert J. Harris, Jr. Private Property Rights
Protection Act alleging devaluation of their property.
The City and the property owners entered into a Settlement Agreement on August
16,1999, whereby the City agreed to rezone the property to R-1-A.
The subject property currently contains a single family house and a beauty shop. Both
of these uses are situated on the western portion of the lot. The eastern portion of the
lot is currently vacant. The property is surrounded by detached single family homes
zoned R-l-AA.
The proposal is to rezone the property from R-l-AA (Single Family Residential) to
R-1-A (Single Family Residential). The rezoning is being processed in accordance with
a Settlement Agreement between the property owners and the City.
I
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1(Required Findings For Land Use and Land
Development Applications), 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, 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 Future Land
Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with
the Land Development Regulations.
Future Land Use Map: The resulting use of land or structures must be allowed in
the zoning district within which the land is situated and said zoning must be
consistent with the applicable land use designation as shown on the Future Land
Use Map.
The FLUM (Future Land Use Map) designation for the subject property is LD (Low
Density Residential). The property is currently zoned R-l-AA. The proposed R-1-A
zoning will be consistent with the LD FLUM designation.
Concurrency: Concurrency as defined pursuant to Objective B-2 of the Future
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
P & Z Staff Report
Hegstrom Property - Rezoning from R-l-AA to R-1-A
Page 3
the provision of, needed capital improvements in order to maintain the Levels of
Service Standards established in Table CI-GOP-1 of the adopted Comprehensive
Plan of the City of Delray Beach.
The proposed rezoning will allow the subject property to be subdivided into three single
family lots while the existing zoning permits only two lots. Until recently, the property
was zoned RL, which could have accommodated three single family lots. As described
below, the impact on the level of service standards should be minimal.
Water and Sewer:
Water and sewer service are currently available to the subject property. The Delray
Beach water treatment plant and the South Central Wastewater Treatment Facility both
have adequate capacity to serve the City at build out.
Streets and Traffic:
Under the current R-l-AA zoning district, 2 single-family homes could be developed on
the property. Under the proposed R-1-A zoning district, 3 single-family homes could be
developed. Given these development scenarios, 20 ADT (Average Daily Trips) would
be generated under the R-l-AA district and 30 ADT under the R-1-A district. The net
increase of only 10 ADT will not significantly impact the surrounding roadway network.
Based upon the above, a positive finding with respect to traffic concurrency can be
made.
Parks and Open Space:
The Delray Beach Comprehensive Plan Parks and Recreation Element indicates that
the City meets the adopted level of service for parks and recreation facilities for the
ultimate build-out population of the City.
Solid Waste:
The Solid Waste Authority indicates that it has capacity to serve development in the
County at its current LOS of 7.2 pounds per day per capita for the life of the existing
landfill. The current zoning allows for a maximum of 2 single-family residential units,
with an estimated solid waste generation of 3.98 tons per year. The proposed zoning
will permit a maximum of 3 single-family residential units with an estimated solid waste
generation of 5.97 tons per year. The potential additional 1.99 tons of solid waste per
year generated by the proposed rezoning will not significantly affect the solid waste
disposal LOS.
Consistency: A finding of overall consistency may be made even though the
action will be in conflict with some individual performance standards contained
within Article 3.2, provided that the approving body specifically finds that the
P & Z Staff Report
Hegstrom Property - Rezoning from R-1-A.A to R-1-A
Page 4 --
beneficial aspects of the proposed project (hence compliance with some
standards) outweighs the negative impacts of identified points of conflict.
Section 3.2.2 (Standards for Rezoning Actions): Standards A-C and E are not
applicable. The applicable performance standards of Section 3.2.2 are as
follows:
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use 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 surrounded by R-l-AA Single Family zoning. Although the
proposed R-1-A zoning will allow subdivision of the property into smaller lots than that
allowed in the R-l-AA district, the large size of the parcel will allow lots that are
approximately 9,200 sq. ft. in size. This is nearly as large as that required in the R-l-
AA district (9,500 sq. ft.). and is actually larger than many of the existing lots
surrounding the property. Although the proposed lot widths of approximately 60 feet will
be smaller that the required 75 feet in the R-l-AA district, the single family homes
constructed on these lots will be compatible with the surrounding area. In fact, there
are six different single family residential zoning districts within the City and it is common
for these districts to be adjacent to one another throughout the City. Based upon the
above, positive findings can be made with respect to the applicable performance
standards.
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section
3.1.1, 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 t~e site and/or neighborhood.
The reason for the rezoning is "b". The rezoning is being processed in accordance with
a Settlement Agreement between the property owners and the City related to a lawsuit
P & Z Staff Report
Hegstrom Propgrty - F~ezoning from R-l-AA to R-1
Page 5
arising from a previous rezoning by the City from RL (Multiple Family Residential - Low
Density) to R-l-AA (Single Family Residential).
Compliance with Land Development Regulations: Whenever an item is identified
elsewhere in these Land Development Regulations (LDRs), it shall specifically be
addressed by the body taking final action on a land development
application/request. Such items are found in Section 2.4.5 and in special
regulation portions of individual zoning district regulations.
Both the existing R-l-AA and the proposed R-1-A zoning districts are Single Family
Residential Districts which allow the same principal, accessory and conditional uses.
However, the development standards for each zone are different with the R-l-AA
district requiring a larger lot, setbacks, frontage and minimum building area. These
standards are shown in the following table:
Table 1: Development Standards Matrix
Minimum Lot Lot Minimum SETBACKS
Zoning Lot Width Lot Frontage Floor Side Side
District Size I/C Depth I/C Area Front Street Interior Rear Height
(sq. ft.) (ff.) (ft.) (ft.) (sq. ft.) (ft.) (ft.) (ft.) (ft.) (ft.)
R-'I -A 7,500 60/80 100 60/8,0 1,000 25 15 7.5 10 35
R-1 -AA 9,500 75/95 100 75~95 1,500 30 15 10 10 35
If the property is later subdivided into three single-family lots as would be permitted
within the R-I-A zoning district, the development of these lots would have to be in
compliance with the development standards for that zoning district. However, pursuant
to the Settlement Agreement, the City agreed to consider a waiver of the side setbacks
for the existing structures and swimming pool. Such waiver shall only be to the extent
necessary and shall in no case reduce the setbacks to less than 4 feet. Additionally,
the existing commercial use is allowed to remain as a non-conforming use on the
westernmost lot. If this use should be discontinued for a period of 180 days or more, it
could not be reestablished.
CRA (Community Redevelopment Agency):
The CRA will review the proposal at its next meeting. The Board's recommendation will
be included in the final report to the City Commission for action.
Neighborhood Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property.
P & Z Staff Report
Hegstrom Property - Rezoning from R-l-AA to R-I-A
Page 6
Special courtesy notices have been sent to:
· Seacrest Homeowners Association
· Del-Ida Park Homeowners Association
· Lake Ida Homeowners Association
· PROD (Progressive Residents of Delray)
Letters of objection or support, if any, will be presented at the P & Z Board meeting.
I
I
The request involves the rezoning of the subject properly from R-I-~ to R-I-A. The
rezoning is being processed in accordance with a Se~lement Agreement be~een the
prope~y owners and the Ci~. The proposal is consistent with the policies of the
Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive
findings can be made with respect to Section 2.4.5(D)(5) (Rezoning Findings), that the
rezoning is being requested to accommodate a change in circumstances.
I
I
A. Continue with direction.
B. Recommend approval of the rezoning request from R-l-AA (Single Family
Residential) to R-1-A (Single Family Residential) based upon positive findings with
respect to Chapter 3 (Performance Standards) of the Land Development
Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5).
C. Recommend denial of the rezoning request from R-l-AA (Single Family Residential)
to R-I-A (Single Family Residential) based upon a failure to make positive findings
with respect to LDR Section 2.4.5(D)(5), that the rezoning fails to fulfill one of the
basis reasons.
Recommend to the City Commission approval of the rezoning of the property from R-l-
AA (Single Family Residential) to R-I-A (Single Family Residential) based upon positive
findings with respect to Chapter 3 (Performance Standards) of the Land Development
Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5).
Attachments:
· Location Map
· Existing Zoning Map
· Settlement Agreement
s:\planning & zoning~p & z\hegstrom rezoning.doc printed 10/5/99
S W -~6TH
J
i ! i [ ,,__ SEACRESr
PRESB YTER/AN
CHURCH
CHRISTIAN
~ ~ " :ARIE S~E[I
~ ~ ~ COUR TS
N,W. 24TH CT. ~ [ ~ ', AQUACREST
i I m i I
FOO~ALL
FIELD
UNITY CHURCH
AND
ELEMEN TAR Y __j
SCHOOL
N.W. 22ND S~EET PINE RIDGE RD. N.E. 22ND
DELRA Y
SWAP SHOP
~'1 ELEMENTARY
N.W. 17TH ST N.[, ~7m 5[.
N.W. 15TH ST.
~ ~ r~~. ,~,~ ~. //////////
N
~ - REZONING -
FROM: R-l-AA (SINGLE FAMILY RESIDENTIAL) TO: R-1-A (SINGLE FAMILY RESIDENTIAL)
CITY OF DELRAY BEACH. FL
PLANNING Jv ZONING DEPARTMENT
---- DIGITAL ~.4SE /~qP $)~T£~4 --- MAP REF: LM1B9
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT ("Agreement") is made and entered into this
!.~ da3' of August, 1999, by and between WILLIAM and GRACE ANN HEGSTROM, as
Trustees ("HEGSTROMS"), and the CITY OF DELRAY BEACH, a Florida municipal
corporation, (" CITY ").
WITNESSETH:
WHEREAS, the HEGSTROMS have filed a claim against the CITY under the Bert J.
Harris, Jr. Private Property Rights Protection Act concerning the alleged devaluation of their
property due to the CITY's rezoning of the property from RL to R-1-A.A; and
~HEREAS, the parties desire to settle the claim by entering into this agreement in
order to avoid the time and expense incurred in litigation; and
WHEREAS, this settlement agreement will resolve the differences between the parties.
NOW THEREFORE, for good and valuable consideration, the parties agree as
follows:
1. The recitations set forth above are incorporated herein.
2. That CITY shall rezone the HEGSTROM Property (More fully described in
Exhibit "A" attached hereto) from R-i-AA to R-1-A in order to allow the I--IEGSTROMS to
subdivide the property into three lots, each having a minimum width of 60 feet. The
HEGSTROMS agree that zoning the property to R-!-A does not allow the I-I~GSTROMS to
erect duplexes on any of the three lots created by a subdivision of the HEGSTROM Property.
The HEGSTROMS agree and understand that use of the three lots is restricted to the
requirements for zoning district R-1-A as stated in Section 4.4.3 of the Larid Development
Regulations of the Code of Ordinances for the City of Delray Beach. The City furthermore
reserves the right to enforce an)' and all applicable provisions of the Code of Ordinances for
the City of Delray Beach, including but not limited to, the Land Development Regulations.
against the HEGSTROMS property, except as otherwise provided for herein.
3. The HEGSTROMS shall provide a minimum side setback of 7 ~A feet between
the existing structures on the proposed westernmost lot and the property line of the proposed
center lot. The HEGSTROMS shall further provide that the pool located on the proposed
center lot shall have a side setback of 7 95_ feet. If these setback requirements cannot be met,
the City Commission shall consider waiver of th~ setback provisions of the Land Development
Regulations of the Code of Ordinances for the City of Delray Beach for the HEGSTROM
Property. Such waiver shall be only to the extent necessary and shall in no case reduce the
setbacks to less than 4 feet.
4. The HEGS/ROMS hereby agree that if the nonconforming commercial use
located on the proposed westernmost lot ~ discontinued for a period of 180 days or more, the
HEGSTROMS shah forever lose any and all right to the nonconforming use and shall cause
the property to conform to the use requirements for zoning district R-1-A as stated in Section
4.4.3 of the Land Development Regulations of the Code of Ordinances for the City of Delray
Beach.
5. That in consideration of the rezoning of the HEGSTROMS' property to R-1-A
as set forth in Paragraph 2 of this a~m-~ment and the waiver of setback requirements as set
forth in Paragraph 3 of this Agreement, HEGSTROMS, or counsel on HEGSTROMS'
behalf, shall refrain from pursuing thek claim, and shall not file suit in state or federal court
or pursue any other redress against the CITY, for the rezoning of their property from RL to
R-l-AA.
6. That in return for the consideration stated in this agreement the HEGSTROMS,
their respective agents, successors, heirs and assigns, shall hold the CITY harmless and
release the CITY from any and all manner of action and actions, cause and causes of action,
suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants,
contracts, controversies, agreements, promises, variances, trespasses, damages, judgments,
extent, executions, claims and demands whatsoever, in law or in equity, which
HEGSTROMS, ever had, now have or which they hereafter can, shall or may have, for, upon
or by reason of any matter, cause of thing whatsoever, from the beginning of the world to the
day of this date of these presents, upon or by reason of all facts and circumstances arising out
of the dispute regarding alleged devaluation of the HEGSTROM property by the CITY's
rezoning it from RL to R-l-AA, subject only to the terms of this agreement.
7. That it is understood and agreed by the parties hereto that the CITY's
obligations herein are made in compromise of a disputed claim and shall not be construed as
an admission of liability by the CITY or any other person, association or corporation which is
or might be claimed to be jointly and/or severally liable to ItEGSTROMS as a result of the
circumstances mentioned herein. In addition, it is understood and agreed by the parties hereto
that the CITY's obligations herein shall not be construed as a waiver of any claim the CITY
may have in the future as to the Bert J. Harris, Jr., Private Property Rights Act's
constitutionality. It is further understood that this Agreement expresses a full and complete
settlement of a liability claimed and denied, and regardless of the adequacy or inadequacy of
the amount of consideration it is intended by HEGSTROMS, and the CITY, to be sufficient
3
to avoid litigation and lo be a full and final and complete settlement arising out of the claim
including all costs and attorney's fees. If a court of competent jurisdiction renders this
agreement unenforceable, each party shall retain all legal and equitable rights available to it at
the time of such determination by the court.
8. That the parties hereto warrant that no promise or inducement has been made or
offered to any party except as set forth herein; that this agreement is executed without reliance
on any statement or representation of any party hereto or any agent or representative of the
parties as to the nature or extent of any losses, injuries, or damages, or the legal liability
therefor.
9. That the parties hereto state that they have had the opportunity to review this
Agreement with their respective attorney, and that there are no other agreements,
understandings, or reservations not expressly stated herein.
10. That the rights and obligations created by this Agreement shall inure to the
benefit of, and be binding upon the parties, their successors and assigns.
11. That this Agreement shall be construed and enforced according to the laws of
the State of Florida and venue of all proceedings shall be in Palm Beach County, Florida.
12. That this Agreement shall be null and void unless executed by all parties to this
Agreement by August 16, 1999.
13. No modification or change in the Agreement shall be valid or binding upon the
parties unless in writing, executed by the parties to be bound thereby.
14. Each party to pay for their own respective costs including, but not limited to,
appraisals and attorney's fe:s.
4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first written above.
ATTEST: CITY OF DELRAY/BF_,e~H, FLORIDA
City Clerk ~~.~yor/J~y ~rin, D.D.S.
Approved as to Form:
(Type or Print Nme) ~ t~e gSR ~ ~ 7~ , ~..'~ .... ~ H ~..~'~:~-~ ......
STATE OF [~ ~
COUNTY OF
The forego~g imment was ac~owledged before me ~s (~{ day of
{-~O¢~J~ , 1999, by t~,5[~ I~t. ~ ~ ~Tx ~6<M~O& ' ' who is
personajlyt~own to me or has produced
Florida '
.- 5
WITNES
· ~'" ' Grace Ann Hegstrom, T~ruste6!
(Type or Print Name)
STATE OF
COUNTY OF
The forego~g im~ment was ac~owledged before me ~is [¢ day of
~&U37', 1999, by ~ff~h(~ ~' i~Gfv¢~(3C~ who is
per~nally ~own to me or has produced ~ [tl~t3 'q ~~(~dentifiaafion.~ /" ,
Florida
Hegstrom settlement, agt
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CITY OF DELRAY BEACHr FLORIDA
NOTICE OF PUBLIC HEARING
A PUBLIC HEARING on the following proposed ordinances will be
held on TUESDAY, NOVEMBER 2r 1999~ 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 which time the City Commission will
consider their adoption. The proposed ordinances may be
inspected at the Office of the City Clerk at City Hall, 100 N.W.
1st Avenue, Delray Beach, Florida, between the hours of 8:00
a.m. and 5:00 p.m., Monday through Friday, except holidays. Ail
interested parties are invited to attend and be heard with
respect to the proposed ordinances.
ORDINANCE NO. 40-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION IN THE
COMPREHENSIVE PLAN FROM REDEVELOPMENT AREA 93 TO MEDIUM DENSITY
RESIDENTIAL (5-12 DWELLING UNITS PER ACRE), FOR A PORTION OF THE
GROVES OF DELRAY PROPERTY LOCATED ON THE NORTH SIDE OF DOUGLASS
AVENUE, BETWEEN S.W. 7TM AVENUE AND S.W. 8TM AVENUE, AS THE SAME
IS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER
THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE
PLAN AMENDMENTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 41-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED I
(INDUSTRIAL) DISTRICT IN THE MIC (MIXED INDUSTRIAL AND
COMMERCIAL) DISTRICT; SAID LAND BEING COMMONLY KNOWN AS A
PORTION OF THE SECURITY SELF-STORAGE FACILITY SITE LOCATED AT
THE NORTHEAST CORNER OF LINTON BOULEVARD AND S.W. 4TM AVENUE, AS
MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF
-~ELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 42-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-I-AA
(SINGLE FAMILY RESIDENTIAL) DISTRICT IN THE R-1-A (SINGLE FAMILY
RESIDENTIAL) DISTRICT; SAID LAND BEING COMMONLY KNOWN AS THE
HEGSTROM PROPERTY LOCATED ON THE NORTH SIDE OF N.E. 22ND STREET,
APPROXIMATELY 450 FEET EAST OF SEACREST BOULEVARD, 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.
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 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: The News CITY OF DELRAY BEACH
October 22, 1999 Alison MacGregor Harty
City Clerk
Instructions to Newspaper: This is a standard legal ad to be
placed in the legal/classified section. Thank you.
The subject property was annexed into the City in 1988 as a part of Enclave #5. This property and an
additional parcel to the west were given a City zoning classification of RL (Multiple Family Residential -
Low Density). The property currently contains a single family house and a beauty shop.
In November 1997, the City Commission denied a request to subdivide the property into two lots,
because the owner's intent to construct 2 duplexes (4 units) was inconsistent with the existing
development pattern of primarily detached single family homes.
The Seacrest/Del-lda Park Plan was adopted by the City Commission on March 3, 1998. The plan
included recommendations for revitalizing the neighborhood, including the rezoning of all multiple family
zones (including the subject property) to single family. These rezonings were subsequently approved by
the City Commission on October 20, 1998. Following the rezoning of the subject property from RL to
R-l-AA, the owners filed a claim against the City under the Bert J. Harris, Jr. Private Property Rights
Protection Act alleging devaluation of their property. The City and the property owners entered into a
Settlement Agreement on August 16,1999, whereby the City agreed to rezone the property to R-1-A.
Additional background and an analysis of the request can be found in the attached Planning and Zoning
Board staff report.
The proposed rezoning was reviewed by the Planning and Zoning Board on October 11, 1999. Two
area residents expressed concerns. The Board recommended approval of the rezoning by a vote of
6/0. The Community Redevelopment Agency reviewed the proposal at its meeting of October 14, 1999.
The CRA Board also recommended approval.
By motion, approve on first reading the ordinance to rezone the property from R-l-AA (Single Family
Residential) to R-1-A (Single Family Residential), based on findings and conditions as recommended
by the Planning and Zoning Board and set a public hearing date of November 2, 1999.
Attachments: ?~ / 5 %'- ~
· Proposed Ordinance
· Planning & Zoning Staff Report ~,~-(D JO/Icj' ] ~
\\misrv001\departments\planning & zoning\city commission\hagstrom rezoning.doc printed 10/12/99
LEGAL VERIFICATION FORM
FILE #: 99-251
PROJECT NAME: HEGSTROM
LEGAL DESCRIPTION:
The East 165 feet of the West 310 feet of the South Half (S %) of the
Southeast Quarter (SE ¼)/ of the Northeast Quarter (NE ¼) of the
Southwest Quarter (SW ¼) of the Southwest Quarter (SW ¼) of Section
4, Township 46 South, Range 43 East, Palm Beach County, Florida, less
the South 25 feet thereof heretofore conveyed to the City of Delray Beach,
Florida, for street purposes
And
The South one-half (S %) of the Southeast Quarter (SE %) of the
Northeast Quarter (NE ¼) of the Southwest ~W ¼) of the
Southwest Quarter (SW ¼) less the West 310 f(dt of th, e~buth 25 feet of
Section 4, Township 46 South, Range 43 Ea~ Beach County,
Florida, according to the Plat thereof on file in the office~of the Clerk of the
Circuit Court in and for Palm Beach County, Florida i~ Official Record
Book 62, Page 592. /~ ~
SOURCE of Legal Description: WARRANTY DEED
VERIFIED BY: DATE:
VERIFICATION REQUEST NEEDED BY: OCTOBER 13, 1999
· . LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO SECOND
READING:
VERIFIED BY: DATE:
VERIFICATION REQUEST NEEDED BY:
LEGHEGSTROM